STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED NINETEENTH DAY
Saint Paul, Minnesota, Sunday, May 18, 2008
The House of Representatives convened at 1:00 p.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Richard D. Buller, House
Chaplain.
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
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Hoppe was excused until 2:15 p.m. Anderson, B., and Swails were excused until 2:30 p.m. Paulsen was excused until 2:55 p.m. Juhnke was excused until 3:30 p.m. Slawik was excused until 4:10 p.m. Winkler was excused until 4:30 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Masin moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Abeler, Clark, Gunther and Otremba introduced:
H. F. No. 4255, A bill for an act relating to consumer
protection; establishing criteria for timely utility payments; amending
Minnesota Statutes 2006, section 216B.098, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
Otremba, Koenen, Doty, Moe and Hamilton introduced:
H. F. No. 4256, A bill for an act relating to taxation;
expanding definition of agricultural products for purposes of property
taxation; amending Minnesota Statutes 2006, section 273.13, subdivision 23, as
amended.
The bill was read for the first time and referred to the
Committee on Taxes.
The Speaker called Ruth to the Chair.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 2748, A bill for an act relating to health;
establishing oversight for rural health cooperative; requiring the
administrative services unit to apportion the amount necessary to purchase
medical professional liability insurance coverage and authorizing fees to be
adjusted to compensate for the apportioned amount; appropriating money;
amending Minnesota Statutes 2006, section 214.40, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 62R.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Liebling moved that the House concur in the Senate amendments
to H. F. No. 2748 and that the bill be repassed as amended by
the Senate. The motion prevailed.
H. F. No. 2748, A bill for an act relating to health and human
services; establishing oversight for rural health cooperative; revising
requirements for county-based purchasing for state health care programs;
appropriating money; amending Minnesota Statutes 2007 Supplement, section
256B.69, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapter 62R.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 115 yeas
and 12 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
DeLaForest
Demmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Garofalo
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Wollschlager
Spk. Kelliher
Those who
voted in the negative were:
Buesgens
Dean
Dettmer
Eastlund
Emmer
Erickson
Gottwalt
Hackbarth
Holberg
Olson
Peppin
Zellers
The bill was repassed, as amended by the Senate, and its title
agreed to.
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 3363.
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.
Colleen
J. Pacheco,
Second Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT
ON S. F. NO. 3363
A bill for an act relating to state government; improving
access to budget information by members of the legislature; specifying the
development of budget recommendations and requiring state agencies to provide
information; establishing a subcommittee of the Legislative Commission on
Planning and Fiscal Policy; requiring disclosure of status of fiscal note
requests; providing for appeal of fiscal note conclusions; modifying state
budget requirements; incorporating Minnesota Milestones goals and indicators in
budget preparation; requiring
commissioner of finance to
adjust for projected inflation in forecasting state expenditures; requiring a forecast
of cash flow for the general fund; providing deadline for modifying budget
after February forecast; specifying format for detailed budget estimates of
expenditures; imposing deadline for notice of deficiency requests; providing a
process to increase the budget reserve; requiring state agencies with certain
information and telecommunications technology projects to register with the
Office of Enterprise Technology and requiring the office to monitor progress on
the projects; requiring the Office of Enterprise Technology to report to the
legislature regarding its approval process for state agency technology requests
and assistance provided to state agencies in developing agency information
systems plans; providing additional whistleblower protection to state
employees; providing additional duties for the Sesquicentennial Commission;
establishing a working group; eliminating obsolete requirements; amending
Minnesota Statutes 2006, sections 3.885, subdivisions 4, 5, by adding
subdivisions; 3.98, subdivision 4, by adding a subdivision; 3.987, subdivision
1, as amended; 13.605, subdivision 1; 16A.10, subdivisions 1, 1c, 2, by adding
a subdivision; 16A.103, subdivisions 1a, 1b; 16A.11, subdivisions 1, 3, by
adding a subdivision; 16E.01, subdivision 3; 16E.03, subdivision 1; 16E.04,
subdivision 2; Minnesota Statutes 2007 Supplement, sections 16A.152,
subdivision 2; 181.932, subdivision 1; Laws 2005, First Special Session chapter
1, article 4, section 121, subdivision 4, as amended; proposing coding for new
law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 2006,
section 16A.152, subdivision 1b.
May
17, 2008
The Honorable James P.
Metzen
President of the Senate
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
We, the undersigned conferees for S. F. No. 3363 report that we
have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendment and that S. F. No.
3363 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
3.885, is amended by adding a subdivision to read:
Subd.
10. Budget
development. The commission
may develop budget recommendations to present to the legislature. If the commission proceeds with the
development of budget recommendations, state agencies must provide information
to the commission as requested by the commission to develop those
recommendations. That information
includes the base budget, information on how the base budget is determined and
how it is allocated, recommendations from agency staff for changes in the base
level appropriations to improve agency operations and efficiency or to improve
or increase efficiency of programs operated by the agency, and responses to
proposals for reductions in agency budgets.
Sec.
2. Minnesota Statutes 2006, section
3.98, subdivision 4, is amended to read:
Subd.
4. Uniform
procedure. The commissioner of
finance shall prescribe a uniform procedure to govern the departments and agencies
of the state in complying with the requirements of this section. The uniform procedure must include a
system for posting the date a fiscal note was requested, the requested
completion date, and the estimated completion date, as well as the display of
those dates on the front page of each completed fiscal note.
Sec.
3. Minnesota Statutes 2006, section
3.987, subdivision 1, as amended by Laws 2008, chapter 154, article 16, section
1, is amended to read:
Subdivision
1. Local
impact notes. The commissioner of
finance shall coordinate the development of a local impact note for any
proposed legislation introduced after June 30, 1997, upon request of the chair
or the ranking minority member of either legislative Tax or Finance Committee,
or the house of representatives Committee on Ways and Means. Upon receipt of a request to prepare a local
impact note, the commissioner must notify the authors of the proposed
legislation that the request has been made.
The local impact note must be made available to the public upon
request. If the action is among the
exceptions listed in section 3.988, a local impact note need not be requested
nor prepared. The commissioner shall
make a reasonable and timely estimate of the local fiscal impact on each type
of political subdivision that would result from the proposed legislation. The commissioner of finance may require any
political subdivision or the commissioner of an administrative agency of the
state to supply in a timely manner any information determined to be necessary
to determine local fiscal impact. The
political subdivision, its representative association, or commissioner shall
convey the requested information to the commissioner of finance with a signed
statement to the effect that the information is accurate and complete to the
best of its ability. The political
subdivision, its representative association, or commissioner, when requested,
shall update its determination of local fiscal impact based on actual cost or
revenue figures, improved estimates, or both.
Upon completion of the note, the commissioner must provide a copy to the
authors of the proposed legislation, as well as to the chair and ranking
minority member of all committees to which a bill is referred.
Sec.
4. Minnesota Statutes 2006, section
16A.10, subdivision 1, is amended to read:
Subdivision
1. Budget
format. In each even-numbered
calendar year the commissioner shall prepare budget forms and instructions for
all agencies, including guidelines for reporting agency performance measures,
subject to the approval of the governor.
The commissioner shall request and receive advisory recommendations from
the chairs of the senate Finance Committee and house of representatives Ways
and Means Committee before adopting a format for the biennial budget
document. By June 15, the commissioner
shall send the proposed budget forms to the appropriations and finance
committees. The committees have until
July 15 to give the commissioner their advisory recommendations on possible
improvements. To facilitate this
consultation, the commissioner shall establish a working group consisting of
executive branch staff and designees of the chairs of the senate Finance and
house of representatives Ways and Means Committees. The commissioner must involve this group in all stages of
development of budget forms and instructions.
The budget format must show actual expenditures and receipts for the three
most recent fiscal year years, estimated expenditures and
receipts for the current fiscal year, and estimates for each fiscal year of the
next biennium. Estimated expenditures
must be classified by funds and character of expenditures and may be
subclassified by programs and activities.
Agency revenue estimates must show how the estimates were made and what
factors were used. Receipts must be
classified by funds, programs, and activities.
Expenditure and revenue estimates must be based on the law in existence
at the time the estimates are prepared.
Sec.
5. Minnesota Statutes 2006, section
16A.10, subdivision 2, is amended to read:
Subd.
2. By
October 15 and November 30. By
October 15 of each even-numbered year, an agency must file the following with
the commissioner:
(1) budget
estimates actual spending for the three most recent and budget
estimates for the current fiscal years;
(2)
its upcoming biennial budget estimates;
(3) a
comprehensive and integrated statement of agency missions and outcome and
performance measures; and
(4) a
concise explanation of any planned changes in the level of services or new activities.
The
commissioner shall prepare and file the budget estimates for an agency failing
to file them.
By
November 30, the commissioner shall send the final budget format, agency budget
estimates for the next biennium, and copies of the filed material to the Ways
and Means and Finance Committees, except that the commissioner shall not be
required to transmit information that identifies executive branch budget
decision items.
Sec.
6. [16A.107]
CASH FLOW FORECAST.
Within
30 days after the November forecast of state revenue and expenditures under
section 16A.103, the commissioner shall deliver to the governor and the
legislature a forecast of cash flow for the general fund, showing the expected
maximum and minimum cash balance in the fund for each month of the forecast
period.
Sec.
7. Minnesota Statutes 2006, section
16A.11, subdivision 3, is amended to read:
Subd.
3. Part
two: detailed budget. (a) Part two
of the budget, the detailed budget estimates both of expenditures and revenues,
must contain any statements on the financial plan which the governor believes
desirable or which may be required by the legislature. The detailed estimates shall include the
budget request of each organizational unit within an agency arranged in tabular
form so it may readily be compared with the governor's budget arranged
in tabular form for the organizational unit and agency.
(b)
Tables listing expenditures for the next biennium must show the appropriation
base for each year in column form broken down by appropriation allotments at
budget activity level relative to proposed appropriation and appropriation
allotment levels by budget activity.
The appropriation base is the amount appropriated for the second year of
the current biennium. The tables must
separately show any adjustments to the base required by current law or policies
of the commissioner of finance. For
forecasted programs, the tables must also show the amount of the forecast
adjustments, based on the most recent forecast prepared by the commissioner of
finance under section 16A.103. Any
appropriation change requested by an agency or an organizational unit within an
agency must be submitted in writing and include information that supports the
requested change. For all programs,
the tables must show the agency requests, the amount of appropriation
changes recommended by the governor, after adjustments to the base and forecast
adjustments, and the total recommendation of the governor for that year.
(c)
The detailed estimates must include a separate line listing the total cost of
professional and technical service contracts for the prior biennium and the
projected costs of those contracts for the current and upcoming biennium. They must also include a summary of the
personnel employed by the agency, reflected as full-time equivalent positions.
(d)
The detailed estimates for internal service funds must include the number of
full-time equivalents by program; detail on any loans from the general fund,
including dollar amounts by program; proposed investments in technology or
equipment of $100,000 or more; an explanation of any operating losses or
increases in retained earnings; and a history of the rates that have been
charged, with an explanation of any rate changes and the impact of the rate
changes on affected agencies.
(e)
The detailed estimates must provide a spending trend analysis by program
showing at least the three most recent years of actual spending, or as many
years of actual spending as are available for new programs.
EFFECTIVE DATE. This section is effective January 1, 2011.
Sec.
8. Minnesota Statutes 2006, section
16A.11, is amended by adding a subdivision to read:
Subd.
8. Deficiency
requests. By January 15 of
each year, the commissioner of finance must notify the chair and ranking minority
member of the senate Finance Committee and the chair and ranking minority
member of the house of representatives Ways and Means Committee of any state
agency requests to eliminate budget shortfalls likely to occur before the end
of the legislative session.
Sec.
9. [43A.015]
DUTIES AND RIGHTS OF CLASSIFIED EMPLOYEES.
State
employees in the classified service are expected during their work hours to be
nonpartisan resources to all decision makers, and to provide timely,
professional assistance to both executive and legislative decision makers and
their staff in understanding the current service and finance system and the
potential impact of changes on these systems.
Workload concerns related to these requests shall be mediated, if
necessary, by management staff in a manner that does not advantage any
particular set of decision makers, but allows for balanced support and adequate
attention to the ongoing responsibilities of the agency. This section does not authorize or require
an employee to disclose data that is not public data under chapter 13.
Sec.
10. Minnesota Statutes 2007 Supplement,
section 181.932, subdivision 1, is amended to read:
Subdivision
1. Prohibited
action. An employer shall not
discharge, discipline, threaten, otherwise discriminate against, or penalize an
employee regarding the employee's compensation, terms, conditions, location, or
privileges of employment because:
(a)
the employee, or a person acting on behalf of an employee, in good faith,
reports a violation or suspected violation of any federal or state law or rule
adopted pursuant to law to an employer or to any governmental body or law
enforcement official;
(b)
the employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;
(c)
the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or
rule or regulation adopted pursuant to law, and the employee informs the
employer that the order is being refused for that reason;
(d)
the employee, in good faith, reports a situation in which the quality of health
care services provided by a health care facility, organization, or health care
provider violates a standard established by federal or state law or a
professionally recognized national clinical or ethical standard and potentially
places the public at risk of harm; or
(e) a
public employee communicates the findings of a scientific or technical study
that the employee, in good faith, believes to be truthful and accurate,
including reports to a governmental body or law enforcement official; or
(f)
an employee in the classified service of state government communicates
information that the employee, in good faith, believes to be truthful and
accurate, and that relates to state services, including the financing of state
services, to: (1) a legislator or an employee in the legislative branch; or (2)
an elected official in the executive branch.
The disclosures protected
pursuant to this section do not authorize the disclosure of data otherwise
protected by law.
Sec.
11. BUDGET WORKING GROUP.
By
July 14, 2008, the commissioner of finance must convene a joint
executive-legislative working group to evaluate the usefulness and benefits of
the budget documents prepared in accordance with the requirements of Minnesota
Statutes, section 16A.11. The members
of the working group must include executive branch staff and designees of the
chairs of the senate Finance and house of representatives Ways and Means
committees, including representatives of both the majority and minority
parties.
The
working group must also examine the current availability and usefulness to the
legislature and the public of state budget information, in both printed and
electronic form. The working group must
make recommendations to improve the ability of the legislature and the public
to use the information on state revenues and expenditures.
By
December 10, 2008, the commissioner must report the progress of the working
group to the Legislative Commission on Planning and Fiscal Policy, and other
committees as appropriate.
Sec.
12. REPEALER.
Minnesota
Statutes 2006, section 16A.152, subdivision 1b, is repealed.
Sec.
13. EFFECTIVE DATE.
This
act is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to state government; specifying the development of
budget recommendations and requiring state agencies to provide information;
requiring disclosure of status of fiscal note requests; modifying state budget
requirements; requiring a forecast of cash flow for the general fund;
specifying format for detailed budget estimates of expenditures; imposing
deadline for notice of deficiency requests; providing additional whistleblower
protection to state employees; requiring a budget working group; eliminating
obsolete requirements; amending Minnesota Statutes 2006, sections 3.885, by
adding a subdivision; 3.98, subdivision 4; 3.987, subdivision 1, as amended;
16A.10, subdivisions 1, 2; 16A.11, subdivision 3, by adding a subdivision;
Minnesota Statutes 2007 Supplement, section 181.932, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 16A; 43A; repealing
Minnesota Statutes 2006, section 16A.152, subdivision 1b."
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Richard J. Cohen, Ann H. Rest, Mary A. Olson,
John Doll and Don Betzold.
House Conferees: Loren Solberg, Steve
Simon, Diane Loeffler, Ryan Winkler and Kathy Tingelstad.
Solberg moved that the report of the Conference Committee on
S. F. No. 3363 be adopted and that the bill be repassed as
amended by the Conference Committee.
Kohls moved that the House refuse to adopt the Conference
Committee report on S. F. No. 3363, and that the bill be
returned to the Conference Committee.
A roll call was requested and properly seconded.
The question was taken on the Kohls motion and the roll was
called.
There were 45 yeas and 84 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Lanning
Lieder
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Welti
Wollschlager
Spk. Kelliher
The motion did not prevail.
The question recurred on the Solberg motion that the report of
the Conference Committee on S. F. No. 3363 be adopted and that
the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 3363, A bill for an act relating to state government;
improving access to budget information by members of the legislature;
specifying the development of budget recommendations and requiring state
agencies to provide information; establishing a subcommittee of the Legislative
Commission on Planning and Fiscal Policy; requiring disclosure of status of
fiscal note requests; providing for appeal of fiscal note conclusions;
modifying state budget requirements; incorporating Minnesota Milestones goals
and indicators in budget preparation; requiring commissioner of finance to
adjust for projected inflation in forecasting state expenditures; requiring a
forecast of cash flow for the general fund; providing deadline for modifying
budget after February forecast; specifying format for detailed budget estimates
of expenditures; imposing deadline for notice of deficiency requests; providing
a process to increase the budget reserve; requiring state agencies with certain
information and telecommunications technology projects to register with the
Office of Enterprise Technology and requiring the office to monitor progress on
the projects; requiring the Office of Enterprise Technology to report to the
legislature regarding its approval process for state agency technology requests
and assistance provided to state agencies in developing agency information
systems plans; providing additional whistleblower protection to state
employees; providing additional duties for the Sesquicentennial Commission;
establishing a working group; eliminating obsolete requirements; amending
Minnesota Statutes 2006, sections 3.885, subdivisions 4, 5, by adding
subdivisions; 3.98, subdivision 4, by adding a subdivision; 3.987, subdivision
1, as amended; 13.605, subdivision 1; 16A.10, subdivisions 1, 1c, 2, by
adding a subdivision;
16A.103, subdivisions 1a, 1b; 16A.11, subdivisions 1, 3, by adding a
subdivision; 16E.01, subdivision 3; 16E.03, subdivision 1; 16E.04, subdivision
2; Minnesota Statutes 2007 Supplement, sections 16A.152, subdivision 2;
181.932, subdivision 1; Laws 2005, First Special Session chapter 1, article 4,
section 121, subdivision 4, as amended; proposing coding for new law in
Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 2006, section
16A.152, subdivision 1b.
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 86 yeas and
44 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Welti
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Peppin
Peterson, N.
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
The bill was repassed, as amended by Conference, and its title
agreed to.
The following Conference Committee Reports were received:
CONFERENCE
COMMITTEE REPORT ON H. F. NO. 3346
A bill for an act relating to housing; providing assistance to
prevent mortgage foreclosure; increasing the maximum amount of financial
assistance; amending Minnesota Statutes 2006, section 462A.209, subdivision 7.
May 17, 2008
The Honorable Margaret Anderson Kelliher
Speaker of the House of Representatives
The Honorable James P. Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 3346 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment.
We request the adoption of this report and repassage of the
bill.
House Conferees: Jim Davnie, Michael V. Nelson and Morrie
Lanning.
Senate Conferees: Linda Higgins, Kevin L. Dahle and Amy T. Koch.
Davnie moved that the report of the Conference Committee on
H. F. No. 3346 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
H. F. No. 3346, A bill for an act relating to housing;
providing assistance to prevent mortgage foreclosure; increasing the maximum
amount of financial assistance; amending Minnesota Statutes 2006, section
462A.209, subdivision 7.
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 127 yeas
and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Olson
The bill was repassed, as amended by Conference, and its title
agreed to.
CONFERENCE
COMMITTEE REPORT ON H. F. NO. 3376
A bill for an act relating to human services; amending the MFIP
work participation program; changing child care assistance provisions; changing
the child care assistance sliding fee scale; establishing a child care advisory
task force; requiring a mandated report; making technical changes; amending
Minnesota Statutes 2006, sections 119B.011, subdivision 17; 119B.03,
subdivisions 1, 6; 119B.09, subdivisions 1, 9; 119B.125, by adding a
subdivision; 119B.21, subdivision 10; 256E.30, subdivision 1; 256E.35,
subdivision 7; 256J.24, subdivision 5; 256J.39, by adding a subdivision;
256J.425, subdivision 1; 256J.521, subdivision 4; 256J.54, subdivisions 2, 5;
256J.545; Minnesota Statutes 2007 Supplement, sections 119B.12; 119B.125,
subdivision 2; 119B.13, subdivisions 1, 7; 119B.21, subdivision 5; 119B.231,
subdivision 5; 245C.08, subdivision 2; 256E.35, subdivision 2; 256J.20,
subdivision 3; 256J.49, subdivision 13; 256J.626, subdivisions 3, 7; 256J.95,
subdivision 3; repealing Minnesota Statutes 2006, section 256K.25.
May
17, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 3376 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No.
3376 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
MFIP WORK PARTICIPATION AND
LICENSING
Section 1. Minnesota Statutes 2006, section 245C.24,
subdivision 2, is amended to read:
Subd. 2. Permanent
bar to set aside a disqualification.
(a) Except as provided in paragraph (b), the commissioner may not set aside
the disqualification of any individual disqualified pursuant to this chapter,
regardless of how much time has passed, if the individual was disqualified for
a crime or conduct listed in section 245C.15, subdivision 1.
(b) For an individual in the
chemical dependency or corrections field who was disqualified for a
crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must
consider granting a variance pursuant to section 245C.30 for the license holder
for a program dealing primarily with adults.
A request for reconsideration evaluated under this paragraph must
include a letter of recommendation from the license holder that was subject to
the prior set-aside decision addressing the individual's quality of care to
children or vulnerable adults and the circumstances of the individual's
departure from that service.
EFFECTIVE DATE. This section is effective July 1, 2008.
Sec. 2. Minnesota Statutes 2007 Supplement, section
256.01, subdivision 2, is amended to read:
Subd. 2. Specific
powers. Subject to the provisions
of section 241.021, subdivision 2, the commissioner of human services shall
carry out the specific duties in paragraphs (a) through (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
disabled, 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 disabled persons, including those who are
visually impaired, hearing impaired, or physically impaired or otherwise
disabled. 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
developmentally disabled. For children
under the guardianship of the commissioner or a tribe in Minnesota recognized
by the Secretary of the Interior 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 or tribal social services, unless the
replacement is agreed to by the county board and the appropriate exclusive
bargaining representative, tribal governing body, 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.
(cc) 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. For manufacturers that agree to participate
in the general assistance medical care rebate program, the commissioner shall
enter into a rebate agreement for 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 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 deposited in the general fund.
Sec. 3. Minnesota Statutes 2006, section 256J.425,
subdivision 1, is amended to read:
Subdivision 1. Eligibility. (a) To be eligible for a hardship extension,
a participant in an assistance unit subject to the time limit under section
256J.42, subdivision 1, must be in compliance in the participant's 60th counted
month. For purposes of determining
eligibility for a hardship extension, a participant is in compliance in any month
that the participant has not
been sanctioned. In order to
maintain eligibility for any of the hardship extension categories a participant
shall develop and comply with either an employment plan or a family
stabilization services plan, whichever is appropriate.
(b) If one participant in a
two-parent assistance unit is determined to be ineligible for a hardship
extension, the county shall give the assistance unit the option of
disqualifying the ineligible participant from MFIP. In that case, the assistance unit shall be treated as a
one-parent assistance unit and the assistance unit's MFIP grant shall be
calculated using the shared household standard under section 256J.08,
subdivision 82a.
(c) Prior to denying an
extension, the county must review the sanction status and determine whether the
sanction is appropriate or if good cause exists under section 256J.57. If the sanction was inappropriately applied
or the participant is granted a good cause exception before the end of month
60, the participant shall be considered for an extension.
Sec. 4. Minnesota Statutes 2007 Supplement, section
256J.626, subdivision 3, is amended to read:
Subd. 3. Eligibility
for services. Families with a minor
child, a pregnant woman, or a noncustodial parent of a minor child receiving
assistance, with incomes below 200 percent of the federal poverty guideline for
a family of the applicable size, are eligible for services funded under the
consolidated fund. Counties and tribes
must give priority to families currently receiving MFIP, the diversionary work
program, or family stabilization services, and families at risk of receiving
MFIP or diversionary work program. A
county or tribe shall not impose a residency requirement on families, except
for the residency requirement under section 256J.12.
Sec. 5. Minnesota Statutes 2007 Supplement, section
256J.626, subdivision 7, is amended to read:
Subd. 7. Performance
base funds. (a) Beginning For
calendar year 2008 2009 and yearly thereafter, each county
and tribe will be allocated 95 percent of their initial calendar year
allocation. Counties and tribes will be
allocated additional funds based on performance as follows:
(1) for calendar year
2008 and yearly thereafter, a county or tribe that achieves a 50 percent MFIP
TANF participation rate or a five percentage point improvement over the
previous year's MFIP TANF participation rate under section
256J.751, subdivision 2, clause (7), as averaged across the four quarterly
measurements 12 consecutive months for the most recent year for
which the measurements are available, will receive an additional allocation
equal to 2.5 percent of its initial allocation; and
(2) for calendar years
2005 and thereafter, a county or tribe that performs above the top of its
annualized range of expected performance on the three-year self-support index
under section 256J.751, subdivision 2, clause (6), will receive an additional
allocation equal to five percent of its initial allocation; and
(3) for calendar years 2005
and thereafter, a county or tribe that performs within or above its range of
expected performance on the annualized three-year self-support index under
section 256J.751, subdivision 2, clause (6), will receive an additional
allocation equal to 2.5 percent of its initial allocation; and
(4) for calendar years 2008
and thereafter, (3)
a county or tribe that does not achieve a 50 percent MFIP TANF
participation rate or a five percentage point improvement over the previous
year's MFIP TANF participation rate under section 256J.751,
subdivision 2, clause (7), as averaged across the four quarterly
measurements 12 consecutive months for the most recent year for
which the measurements are available, will not receive an additional 2.5
percent of its initial allocation until after negotiating a multiyear
improvement plan with the commissioner; or
(5) for calendar years 2008
and thereafter, (4) a county or tribe that does not perform within or above
its range of expected performance on the annualized three-year self-support
index under section 256J.751, subdivision 2, clause (6), will not receive an
additional allocation equal to 2.5 percent of its initial allocation until
after negotiating a multiyear improvement plan with the commissioner.
(b) For calendar year
2009 and yearly thereafter, performance-based funds for a federally approved
tribal TANF program in which the state and tribe have in place a contract under
section 256.01, addressing consolidated funding, will be allocated as follows:
(1) for calendar year
2006 and yearly thereafter, a tribe that achieves the participation rate
approved in its federal TANF plan using the average of four quarterly
measurements 12 consecutive months for the most recent year for
which the measurements are available, will receive an additional allocation
equal to 2.5 percent of its initial allocation; and
(2) for calendar years
2006 and thereafter, a tribe that performs above the top of its annualized
range of expected performance on the three-year self-support index under
section 256J.751, subdivision 2, clause (6), will receive an additional allocation
equal to five percent of its initial allocation; or
(3) for calendar years 2006
and thereafter, a tribe that performs within or above its range of expected
performance on the annualized three-year self-support index under section
256J.751, subdivision 2, clause (6), will receive an additional allocation
equal to 2.5 percent of its initial allocation; or
(4) for calendar year 2008
and yearly thereafter, (3)
a tribe that does not achieve the participation rate approved in its federal
TANF plan using the average of four quarterly measurements 12
consecutive months for the most recent year for which the measurements are
available, will not receive an additional allocation equal to 2.5 percent of
its initial allocation until after negotiating a multiyear improvement plan
with the commissioner; or
(5) for calendar year 2008
and yearly thereafter, (4)
a tribe that does not perform within or above its range of expected
performance on the annualized three-year self-support index under section
256J.751, subdivision 2, clause (6), will not receive an additional allocation
equal to 2.5 percent until after negotiating a multiyear improvement plan with
the commissioner.
(c) Funds remaining
unallocated after the performance-based allocations in paragraph (a) are
available to the commissioner for innovation projects under subdivision 5.
(d) (1) If available funds
are insufficient to meet county and tribal allocations under paragraph (a), the
commissioner may make available for allocation funds that are unobligated and
available from the innovation projects through the end of the current biennium.
(2) If after the application
of clause (1) funds remain insufficient to meet county and tribal allocations
under paragraph (a), the commissioner must proportionally reduce the allocation
of each county and tribe with respect to their maximum allocation available
under paragraph (a).
ARTICLE 2
CHILD CARE
Section 1. Minnesota Statutes 2006, section 119B.03,
subdivision 6, is amended to read:
Subd. 6. Allocation
formula. The basic sliding fee
state and federal funds shall be allocated on a calendar year basis. Funds shall be allocated first in amounts
equal to each county's guaranteed floor according to subdivision 8, with any
remaining available funds allocated according to the following formula:
(a) One-fourth of the funds
shall be allocated in proportion to each county's total expenditures for the
basic sliding fee child care program reported during the most recent fiscal
year completed at the time of the notice of allocation.
(b) Up to one-fourth
of the funds shall be allocated based on in proportion to the
number of families participating in the transition year child care program as
reported during and averaged over the most recent quarter six
months completed at the time of the notice of allocation. Funds in excess of the amount necessary
to serve all families in this category shall be allocated according to
paragraph (f).
(c) Up to one-fourth
of the funds shall be allocated in proportion to the average of each
county's most recently recent six months of reported first,
second, and third priority waiting list as defined in subdivision 2 and the
reinstatement list of those families whose assistance was terminated with the
approval of the commissioner under Minnesota Rules, part 3400.0183, subpart
1. Funds in excess of the amount
necessary to serve all families in this category shall be allocated according
to paragraph (f).
(d) Up to one-fourth
of the funds must shall be allocated in proportion to the
average of each county's most recently recent six months of reported
waiting list as defined in subdivision 2 and the reinstatement list of those
families whose assistance was terminated with the approval of the commissioner
under Minnesota Rules, part 3400.0183, subpart 1. Funds in excess of the amount necessary to serve all families
in this category shall be allocated according to paragraph (f).
(e) The amount necessary to
serve all families in paragraphs (b), (c), and (d) shall be calculated based on
the basic sliding fee average cost of care per family in the county with the
highest cost in the most recently completed calendar year.
(f) Funds in excess of the
amount necessary to serve all families in paragraphs (b), (c), and (d) shall be
allocated in proportion to each county's total expenditures for the basic
sliding fee child care program reported during the most recent fiscal year
completed at the time of the notice of allocation.
Sec. 2. Minnesota Statutes 2006, section 119B.09,
subdivision 9, is amended to read:
Subd. 9. Licensed
and legal nonlicensed family child care providers; assistance. Licensed and legal nonlicensed family child
care providers and their employees are not eligible to receive child
care assistance subsidies under this chapter for their own children or children
in their family during the hours they are providing child care or being paid to
provide child care. Child care
providers and their employees are eligible to receive child care
assistance subsidies for their children when they are engaged in other
activities that meet the requirements of this chapter and for which child care
assistance can be paid. The hours for
which the provider or their employee receives a child care subsidy for
their own children must not overlap with the hours the provider provides child
care services.
Sec. 3. Minnesota Statutes 2007 Supplement, section
119B.231, subdivision 5, is amended to read:
Subd. 5. Relationship
to current law. (a) The following
provisions in chapter 119B must be waived or modified for families receiving
services under this section.
(b) Notwithstanding section
119B.13, subdivisions 1 and 1a, maximum weekly rates under this section are 125
percent of the existing maximum weekly rate for like-care. Providers eligible for a differential rate
under section 119B.13, subdivision 3a, remain eligible for the differential
above the rate identified in this section.
Only care for children who have not yet entered kindergarten may be paid
at the maximum rate under this section.
The provider's charge for service provided through an SRSA may not
exceed the rate that the provider charges a private-pay family for like-care
arrangements.
(c) A family or child care
provider may not be assessed an overpayment for care provided through an SRSA unless:
(1) there was an error in
the amount of care authorized for the family; or
(2) the family or provider
did not timely report a change as required under the law.
(d) Care provided through an
SRSA is authorized on a weekly basis.
(e) Funds appropriated under
this section to serve families eligible under section 119B.03 are not allocated
through the basic sliding fee formula under section 119B.03. Funds appropriated under this section are
used to offset increased costs when payments are made under SRSA's.
(f) Notwithstanding section
119B.09, subdivision 6, the maximum amount of child care assistance that may be
authorized for a child receiving care through an SRSA in a two-week period is
160 hours per child.
(g) Effective upon date of
enactment, absent day payment limits under section 119B.13, subdivision 7, do
not apply to children for care paid through SRSA's provided the family remains
eligible under subdivision 3.
Sec. 5. CHILD
CARE ADVISORY TASK FORCE.
Subdivision 1. Establishment. The commissioner of human services shall
establish a Child Care Advisory Task Force of stakeholders to review and make
recommendations to the legislature to remove barriers facing families applying
for and receiving child care assistance under Minnesota Statutes, chapter 119B.
Subd. 2. Membership. The commissioner of human services shall
appoint Child Care Advisory Task Force members. The Child Care Advisory Task Force shall include, but is not
limited to, representatives from:
(1) the Department of Human
Services;
(2) counties and nonprofit
organizations administering the child care assistance programs;
(3) a parent receiving child
care assistance;
(4) the child care advocacy
community; and
(5) the antipoverty advocacy
community.
Subd. 3. Duties. The Child Care Advisory Task Force shall
review child care assistance laws, rules, and policies and make recommendations
to remove barriers facing families applying for child care assistance or
completing reauthorization for child care assistance to the legislative
committees with jurisdiction over the child care assistance programs under
Minnesota Statutes, chapter 119B.
Barriers to review include, but are not limited to:
(1) length of application
forms;
(2) consistency of
application and reauthorization forms statewide;
(3) documentation
requirements, including frequency of producing documentation;
(4) barriers facing parents
with limited English; and
(5) length of
reauthorization periods.
Subd. 4. Report. By January 15, 2010, the Department of Human
Services shall report to the legislative committees with jurisdiction over the
child care assistance programs with the Child Care Advisory Task Force
recommendations to remove the barriers facing families in applying for and
receiving child care assistance.
Subd. 5. Task force expenses. Notwithstanding Minnesota Statutes,
section 15.059, task force members must not be paid a per diem or reimbursed
for any expenses associated with their membership on the task force.
Subd. 6. Expiration. The Child Care Advisory Task Force
expires June 30, 2010.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE 3
CHILD CARE TECHNICAL
Section 1. Minnesota Statutes 2006, section 119B.011,
subdivision 17, is amended to read:
Subd. 17. MFIP. "MFIP" means the Minnesota family
investment program, the state's TANF program under Public Law 104-193, Title I,
and includes the MFIP program under chapter 256J, the work first program
under chapter 256K, and tribal contracts under section 119B.02, subdivision
2, or 256.01, subdivision 2.
Sec. 2. Minnesota Statutes 2006, section 119B.03,
subdivision 1, is amended to read:
Subdivision 1. Allocation
period; Notice of allocation. When
the commissioner notifies county and human service boards of the forms and
instructions they are to follow in the development of their child care fund
plans required under section 119B.08, subdivision 3, the commissioner shall
also notify county and human services boards of their estimated child care fund
program allocation for the two years covered by the plan. By October 1 of each year, the
commissioner shall notify all counties of their final child care fund program
allocation.
Sec. 3. Minnesota Statutes 2006, section 119B.09,
subdivision 1, is amended to read:
Subdivision 1. General
eligibility requirements for all applicants for child care assistance. (a) Child care services must be available to
families who need child care to find or keep employment or to obtain the
training or education necessary to find employment and who:
(1) have household income
less than or equal to 250 67
percent of the federal poverty guidelines state median
income, adjusted for family size, and meet the requirements of section
119B.05; receive MFIP assistance; and are participating in employment and
training services under chapter 256J or 256K; or
(2) have household income
less than or equal to 175 47
percent of the federal poverty guidelines state median income,
adjusted for family size, at program entry and less than 250 67 percent of the federal poverty guidelines
state median income, adjusted for family size, at program exit.
(b) Child care services must
be made available as in-kind services.
(c) All applicants for child
care assistance and families currently receiving child care assistance must be
assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family as a
condition of program eligibility. For
purposes of this section, a family is considered to meet the requirement for
cooperation when the family complies with the requirements of section 256.741.
Sec. 4. Minnesota Statutes 2007 Supplement, section
119B.12, is amended to read:
119B.12 SLIDING FEE SCALE.
Subdivision 1. Fee
schedule. In setting the sliding
fee schedule, the commissioner shall exclude from the amount of income used to
determine eligibility an amount for federal and state income and Social
Security taxes attributable to that income level according to federal and state
standardized tax tables. The
commissioner shall base the parent fee on the ability of the family to pay for
child care. The fee schedule must be
designed to use any available tax credits.
PARENT FEE SCHEDULE. The parent fee schedule is as follows,
except as noted in subdivision 2:
Income Range (as a percent of the federal Co-payment
poverty guidelines state median income, except at (as
a percentage of
the start of the first tier) adjusted
gross income)
0-74.99% of federal poverty guidelines $0/month
75.00-99.99% of federal poverty guidelines $5/month
100.00-104.99% 100.00% of federal poverty guidelines-27.72% 2.61%
105.00-109.99% 27.73-29.04% 2.61%
110.00-114.99% 29.05-30.36% 2.61%
115.00-119.99% 30.37-31.68% 2.61%
120.00-124.99% 31.69-33.00% 2.91%
125.00-129.99% 33.01-34.32% 2.91%
130.00-134.99% 34.33-35.65% 2.91%
135.00-139.99% 35.66-36.96% 2.91%
140.00-144.99% 36.97-38.29% 3.21%
145.00-149.99% 38.30-39.61% 3.21%
150.00-154.99% 39.62-40.93% 3.21%
155.00-159.99% 40.94-42.25% 3.84%
160.00-164.99% 42.26-43.57% 3.84%
165.00-169.99% 43.58-44.89% 4.46%
170.00-174.99% 44.90-46.21% 4.76%
175.00-179.99% 46.22-47.53% 5.05%
180.00-184.99% 47.54-48.85% 5.65%
185.00-189.99% 48.86-50.17% 5.95%
190.00-194.99% 50.18-51.49% 6.24%
195.00-199.99% 51.50-52.81% 6.84%
200.00-204.99% 52.82-54.13% 7.58%
205.00-209.99% 54.14-55.45% 8.33%
210.00-214.99% 55.46-56.77% 9.20%
215.00-219.99% 56.78-58.09% 10.07%
220.00-224.99% 58.10-59.41% 10.94%
225.00-229.99% 59.42-60.73% 11.55%
230.00-234.99% 60.74-62.06% 12.16%
235.00-239.99% 62.07-63.38% 12.77%
240.00-244.99% 63.39-64.70% 13.38%
245.00-249.99% 64.71-66.99% 14.00%
250% 67.00% ineligible
A
family's monthly co-payment fee is the fixed percentage established for the
income range multiplied by the highest possible income within that income
range.
Subd.
2. Parent
fee. A family must be assessed a
parent fee for each service period. A
family's parent fee must be a fixed percentage of its annual gross income. Parent fees must apply to families eligible
for child care assistance under sections 119B.03 and 119B.05. Income must be as defined in section
119B.011, subdivision 15. The fixed
percent is based on the relationship of the family's annual gross income to 100
percent of the annual federal poverty guidelines state median income. Parent fees must begin at 75 percent of the
poverty level. The minimum parent fees
for families between 75 percent and 100 percent of poverty level must be $5 per
month. Parent fees must provide for
graduated movement to full payment.
Payment of part or all of a family's parent fee directly to the family's
child care provider on behalf of the family by a source other than the family
shall not affect the family's eligibility for child care assistance, and the amount
paid shall be excluded from the family's income. Child care providers who accept third-party payments must
maintain family specific documentation of payment source, amount, and time
period covered by the payment.
EFFECTIVE DATE. This section is effective July 1, 2008.
Sec.
5. Minnesota Statutes 2006, section
119B.125, is amended by adding a subdivision to read:
Subd.
1a. Background
study required. This
subdivision only applies to legal, nonlicensed family child care
providers. Prior to authorization, and
as part of each reauthorization required in subdivision 1, the county shall
perform a background study on every member of the provider's household who is
age 13 and older. The background study
shall be conducted according to the procedures under subdivision 2.
Sec.
6. Minnesota Statutes 2007 Supplement,
section 119B.125, subdivision 2, is amended to read:
Subd.
2. Persons
who cannot be authorized. (a) A
person who When any member of the legal, nonlicensed family child care
provider's household meets any of the conditions under paragraphs (b) to
(n), the provider must not be authorized as a legal nonlicensed family
child care provider. To determine
whether any of the listed conditions exist, the county must request information
about the provider and other household members for whom a background study
is required under subdivision 1a from the Bureau of Criminal Apprehension,
the juvenile courts, and social service agencies. When one of the listed entities does not maintain information on
a statewide basis, the county must contact the entity in the county where the
provider resides and any other county in which the provider or any household
member previously resided in the past year. For purposes of this subdivision, a finding that a delinquency
petition is proven in juvenile court must be considered a conviction in state
district court. If a county has
determined that a provider is able to be authorized in that county, and a
family in another county later selects that provider, the provider is able to
be authorized in the second county without undergoing a new background
investigation unless one of the following conditions exists:
(1)
two years have passed since the first authorization;
(2)
another person age 13 or older has joined the provider's household since the
last authorization;
(3)
a current household member has turned 13 since the last authorization; or
(4)
there is reason to believe that a household member has a factor that prevents
authorization.
(b)
The person has been convicted of one of the following offenses or has admitted
to committing or a preponderance of the evidence indicates that the person has
committed an act that meets the definition of one of the following
offenses: sections 609.185 to 609.195,
murder in the first, second, or third degree; 609.2661 to 609.2663, murder of
an unborn child in the first, second, or third degree; 609.322, solicitation,
inducement, promotion of prostitution, or receiving profit from prostitution;
609.342 to 609.345, criminal sexual conduct in the first, second, third, or
fourth degree; 609.352, solicitation of children to engage in sexual conduct;
609.365, incest; 609.377, felony malicious punishment of a child; 617.246, use
of minors in sexual performance; 617.247, possession of pictorial
representation of a minor; 609.2242 to 609.2243, felony domestic assault; a
felony offense of spousal abuse; a felony offense of child abuse or neglect; a
felony offense of a crime against children; or an attempt or conspiracy to
commit any of these offenses as defined in Minnesota Statutes; or an offense in
any other state or country where the elements are substantially similar to any
of the offenses listed in this paragraph.
(c)
Less than 15 years have passed since the discharge of the sentence imposed for
the offense and the person has received a felony conviction for one of the
following offenses, or the person has admitted to committing or a preponderance
of the evidence indicates that the person has committed an act that meets the
definition of a felony conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter in
the first or second degree; 609.21, criminal vehicular homicide; 609.215,
aiding suicide or aiding attempted suicide; 609.221 to 609.2231, assault in the
first, second, third, or fourth degree; 609.224, repeat offenses of fifth
degree assault; 609.228, great bodily harm caused by distribution of drugs;
609.2325, criminal abuse of a vulnerable adult; 609.2335, financial
exploitation of a vulnerable adult; 609.235, use of drugs to injure or
facilitate a crime; 609.24, simple robbery; 617.241, repeat offenses of obscene
materials and performances; 609.245, aggravated robbery; 609.25, kidnapping;
609.255, false imprisonment; 609.2664 to 609.2665, manslaughter of an unborn
child in the first or second degree; 609.267 to 609.2672, assault of an unborn
child in the first, second, or third degree; 609.268, injury or death of an
unborn child in the commission of a crime; 609.27, coercion; 609.275, attempt
to coerce; 609.324, subdivision 1, other prohibited acts, minor engaged in
prostitution; 609.3451, repeat offenses of criminal sexual conduct in the fifth
degree; 609.378, neglect or endangerment of a child; 609.52, theft; 609.521,
possession of shoplifting gear; 609.561 to 609.563, arson in the first, second,
or third degree; 609.582, burglary in the first, second, third, or fourth
degree; 609.625, aggravated forgery; 609.63, forgery; 609.631, check forgery,
offering a forged check; 609.635, obtaining signature by false pretenses;
609.66, dangerous weapon; 609.665, setting a spring gun; 609.67, unlawfully
owning, possessing, or operating a machine gun; 609.687, adulteration; 609.71,
riot; 609.713, terrorist threats; 609.749, harassment, stalking; 260C.301,
termination of parental rights; 152.021 to 152.022 and 152.0262, controlled
substance crime in the first or second degree; 152.023, subdivision 1, clause
(3) or (4), or 152.023, subdivision 2, clause (4), controlled substance crime
in third degree; 152.024, subdivision 1, clause (2), (3), or (4), controlled
substance crime in fourth degree; 617.23, repeat offenses of indecent exposure;
an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where the
elements are substantially similar to any of the offenses listed in this
paragraph.
(d)
Less than ten years have passed since the discharge of the sentence imposed for
the offense and the person has received a gross misdemeanor conviction for one
of the following offenses or the person has admitted to committing or a
preponderance of the evidence indicates that the person has committed an act
that meets the definition of a gross misdemeanor conviction for one of the
following offenses: sections 609.224,
fifth degree assault; 609.2242 to 609.2243, domestic assault; 518B.01,
subdivision 14, violation of an order for protection; 609.3451, fifth degree
criminal sexual conduct; 609.746, repeat offenses of interference with privacy;
617.23, repeat offenses of indecent exposure; 617.241, obscene materials and
performances; 617.243, indecent literature, distribution; 617.293,
disseminating or displaying harmful material to minors; 609.71, riot; 609.66,
dangerous
weapons;
609.749, harassment, stalking; 609.224, subdivision 2, paragraph (c), fifth
degree assault against a vulnerable adult by a caregiver; 609.23, mistreatment
of persons confined; 609.231, mistreatment of residents or patients; 609.2325,
criminal abuse of a vulnerable adult; 609.2335, financial exploitation of a
vulnerable adult; 609.233, criminal neglect of a vulnerable adult; 609.234,
failure to report maltreatment of a vulnerable adult; 609.72, subdivision 3,
disorderly conduct against a vulnerable adult; 609.265, abduction; 609.378,
neglect or endangerment of a child; 609.377, malicious punishment of a child;
609.324, subdivision 1a, other prohibited acts, minor engaged in prostitution;
609.33, disorderly house; 609.52, theft; 609.582, burglary in the first,
second, third, or fourth degree; 609.631, check forgery, offering a forged
check; 609.275, attempt to coerce; an attempt or conspiracy to commit any of
these offenses as defined in Minnesota Statutes; or an offense in any other
state or country where the elements are substantially similar to any of the
offenses listed in this paragraph.
(e)
Less than seven years have passed since the discharge of the sentence imposed
for the offense and the person has received a misdemeanor conviction for one of
the following offenses or the person has admitted to committing or a
preponderance of the evidence indicates that the person has committed an act
that meets the definition of a misdemeanor conviction for one of the following
offenses: sections 609.224, fifth degree
assault; 609.2242, domestic assault; 518B.01, violation of an order for
protection; 609.3232, violation of an order for protection; 609.746,
interference with privacy; 609.79, obscene or harassing telephone calls;
609.795, letter, telegram, or package opening, harassment; 617.23, indecent exposure;
609.2672, assault of an unborn child, third degree; 617.293, dissemination and
display of harmful materials to minors; 609.66, dangerous weapons; 609.665,
spring guns; an attempt or conspiracy to commit any of these offenses as
defined in Minnesota Statutes; or an offense in any other state or country
where the elements are substantially similar to any of the offenses listed in
this paragraph.
(f)
The person has been identified by the child protection agency in the county
where the provider resides or a county where the provider has resided or by the
statewide child protection database as a person found by a preponderance of
evidence under section 626.556 to be responsible for physical or sexual abuse
of a child within the last seven years.
(g)
The person has been identified by the adult protection agency in the county
where the provider resides or a county where the provider has resided or by the
statewide adult protection database as the person responsible for abuse or
neglect of a vulnerable adult within the last seven years.
(h)
The person has refused to give written consent for disclosure of criminal
history records.
(i)
The person has been denied a family child care license or has received a fine
or a sanction as a licensed child care provider that has not been reversed on
appeal.
(j)
The person has a family child care licensing disqualification that has not been
set aside.
(k)
The person has admitted or a county has found that there is a preponderance of
evidence that fraudulent information was given to the county for child care
assistance application purposes or was used in submitting child care assistance
bills for payment.
(l)
The person has been convicted of the crime of theft by wrongfully obtaining
public assistance or has been found guilty of wrongfully obtaining public
assistance by a federal court, state court, or an administrative hearing
determination or waiver, through a disqualification consent agreement, as part
of an approved diversion plan under section 401.065, or a court-ordered stay
with probationary or other conditions.
(m)
The person has a household member age 13 or older who has access to children
during the hours that care is provided and who meets one of the conditions
listed in paragraphs (b) to (l).
(n)
The person has a household member ages ten to 12 who has access to children
during the hours that care is provided; information or circumstances exist
which provide the county with articulable suspicion that further pertinent
information may exist showing the household member meets one of the conditions
listed in paragraphs (b) to (l); and the household member actually meets one of
the conditions listed in paragraphs (b) to (l).
Sec.
7. Minnesota Statutes 2007 Supplement,
section 119B.13, subdivision 1, is amended to read:
Subdivision
1. Subsidy
restrictions. (a) Beginning July 1,
2006, the maximum rate paid for child care assistance in any county or
multicounty region under the child care fund shall be the rate for like-care
arrangements in the county effective January 1, 2006, increased by six percent.
(b)
Rate changes shall be implemented for services provided in September 2006
unless a participant eligibility redetermination or a new provider agreement is
completed between July 1, 2006, and August 31, 2006.
As
necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
New
cases approved on or after July 1, 2006, shall have the maximum rates under
paragraph (a), implemented immediately.
(c)
Every year, the commissioner shall survey rates charged by child care providers
in Minnesota to determine the 75th percentile for like-care arrangements in
counties. 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.
(d)
A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in
excess of the maximum rate allowed under this subdivision.
(e)
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 disability care.
(f)
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.
(g)
All maximum provider rates changes shall be implemented on the Monday following
the effective date of the maximum provider rate.
Sec.
8. Minnesota Statutes 2007 Supplement,
section 119B.13, subdivision 7, is amended to read:
Subd.
7. Absent
days. (a) Child care providers may
not be reimbursed for more than 25 full-day absent days per child, excluding
holidays, in a fiscal year, or for more than ten consecutive full-day absent
days, unless the child has a documented medical condition that causes more
frequent absences. Absences due to a
documented medical condition of a parent or sibling who lives in the same
residence as the child receiving child care assistance do not count against the
25-day absent day limit in a fiscal year.
Documentation of medical conditions must be on the forms and submitted
according to the timelines established by the commissioner. A public health nurse or school nurse may
verify the illness in lieu of a medical practitioner. If a provider sends a child home early due to a medical reason,
including, but not limited to, fever or contagious illness, the child care
center director or lead teacher may
verify
the illness in lieu of a medical practitioner.
If a child attends for part of the time authorized to be in care in a
day, but is absent for part of the time authorized to be in care in that same
day, the absent time will be reimbursed but the time will not count toward the
ten consecutive or 25 cumulative absent day limits. Children in families where at least one parent is under the age
of 21, does not have a high school or general equivalency diploma, and is a
student in a school district or another similar program that provides or
arranges for child care, as well as parenting, social services, career and
employment supports, and academic support to achieve high school graduation,
may be exempt from the absent day limits upon request of the program and
approval of the county. If a child
attends part of an authorized day, payment to the provider must be for the full
amount of care authorized for that day.
Child care providers may only be reimbursed for absent days if the
provider has a written policy for child absences and charges all other families
in care for similar absences.
(b)
Child care providers must be reimbursed for up to ten federal or state holidays
or designated holidays per year when the provider charges all families for
these days and the holiday or designated holiday falls on a day when the child
is authorized to be in attendance.
Parents may substitute other cultural or religious holidays for the ten
recognized state and federal holidays.
Holidays do not count toward the ten consecutive or 25 cumulative absent
day limits.
(c)
A family or child care provider may not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care
authorized for the family, (2) all of the allowed full-day absent payments for
the child have been paid, or (3) the family or provider did not timely report a
change as required under law.
(d)
The provider and family must receive notification of the number of absent days
used upon initial provider authorization for a family and when the family has
used 15 cumulative absent days. Upon
statewide implementation of the Minnesota Electronic Child Care System, the
provider and family shall receive notification of the number of absent days
used upon initial provider authorization for a family and ongoing
notification of the number of absent days used as of the date of the
notification.
(e)
A county may pay for more absent days than the statewide absent day policy
established under this subdivision if current market practice in the county
justifies payment for those additional days.
County policies for payment of absent days in excess of the statewide
absent day policy and justification for these county policies must be included
in the county's child care fund plan under section 119B.08, subdivision 3.
Sec.
9. Minnesota Statutes 2007 Supplement,
section 119B.21, subdivision 5, is amended to read:
Subd.
5. Child
care services grants. (a) A child
care resource and referral program designated under section 119B.19,
subdivision 1a, may award child care services grants for:
(1)
creating new licensed child care facilities and expanding existing facilities,
including, but not limited to, supplies, equipment, facility renovation, and
remodeling;
(2)
improving licensed child care facility programs;
(3)
staff training and development services including, but not limited to,
in-service training, curriculum development, accreditation, certification,
consulting, resource centers, program and resource materials, supporting
effective teacher-child interactions, child-focused teaching, and content-driven
classroom instruction;
(4)
interim financing;
(5)
capacity building through the purchase of appropriate technology to create,
enhance, and maintain business management systems;
(6)
emergency assistance for child care programs;
(7)
new programs or projects for the creation, expansion, or improvement of
programs that serve ethnic immigrant and refugee communities; and
(8)
targeted recruitment initiatives to expand and build the capacity of the child
care system and to improve the quality of care provided by legal nonlicensed
child care providers.
(b)
A child care resource and referral program designated under section 119B.19,
subdivision 1a, may award child care services grants to:
(1)
licensed providers;
(2)
providers in the process of being licensed;
(3)
corporations or public agencies that develop or provide child care services;
(4)
school-age care programs;
(5)
legal nonlicensed or family, friend, and neighbor care providers; or
(5) (6) any combination
of clauses (1) to (4) (5).
Unlicensed providers are
only eligible for grants under paragraph (a), clause (7).
(c)
A recipient of a child care services grant for facility improvements, interim
financing, or staff training and development must provide a 25 percent local
match.
Sec.
10. Minnesota Statutes 2006, section
119B.21, subdivision 10, is amended to read:
Subd.
10. Family child care technical assistance grants. (a) A child care resource and referral
organization designated under section 119B.19, subdivision 1a, may award
technical assistance grants of up to $1,000.
These grants may be used for:
(1)
facility improvements, including, but not limited to, improvements to meet
licensing requirements;
(2)
improvements to expand a child care facility or program;
(3)
toys and equipment;
(4)
technology and software to create, enhance, and maintain business management
systems;
(5)
start-up costs;
(6)
staff training and development; and
(7)
other uses approved by the commissioner.
(b)
A child care resource and referral program may award family child care
technical assistance grants to:
(1)
licensed family child care providers; or
(2)
child care providers in the process of becoming licensed.; or
(3)
legal nonlicensed or family, friend, and neighbor care providers.
(c)
A local match is not required for a family child care technical assistance
grant.
Sec.
11. Minnesota Statutes 2006, section
256E.30, subdivision 1, is amended to read:
Subdivision
1. Authorization. The commissioner of education
human services may provide financial assistance for community action
agencies, Indian reservations, and migrant and seasonal farmworker
organizations to carry out community action programs as described in section
256E.32 in accordance with the Omnibus Reconciliation Act of 1981, Public Law 97-35,
as amended in 1984, Public Law 98-558, state law, and federal law and
regulation.
Sec.
12. Minnesota Statutes 2006, section
256E.35, subdivision 7, is amended to read:
Subd.
7. Program
reporting. The fiscal agent on
behalf of each fiduciary organization participating in a family assets for
independence initiative must report quarterly to the commissioner of human
services and to the commissioner of education identifying the
participants with accounts, the number of accounts, the amount of savings and
matches for each participant's account, the uses of the account, and the number
of businesses, homes, and educational services paid for with money from the
account, as well as other information that may be required for the commissioner
to administer the program and meet federal TANF reporting requirements.
Sec.
13. REVISOR'S INSTRUCTION.
(a)
The revisor of statutes shall renumber Minnesota Statutes, section 119A.45, as
Minnesota Statutes, section 256E.37.
(b)
The revisor of statutes shall make such cross-reference changes as are
necessary from the renumbering in this section wherever the reference appears
in statute.
ARTICLE
4
MFIP
TECHNICAL CHANGES
Section
1. Minnesota Statutes 2007 Supplement,
section 256J.20, subdivision 3, is amended to read:
Subd.
3. Other
property limitations. To be
eligible for MFIP, the equity value of all nonexcluded real and personal
property of the assistance unit must not exceed $2,000 for applicants and
$5,000 for ongoing participants. The
value of assets in clauses (1) to (19) must be excluded when determining the
equity value of real and personal property:
(1)
a licensed vehicle up to a loan value of less than or equal to $15,000. If the assistance unit owns more than one
licensed vehicle, the county agency shall determine the loan value of
all additional vehicles and exclude the combined loan value of less than or
equal to $7,500. The county agency
shall apply any excess loan value as if it were equity value to the asset limit
described in this section, excluding:
(i) the value of one vehicle per physically disabled person when the
vehicle is needed to transport the disabled unit member; this exclusion does
not apply to mentally disabled people; (ii) the value of special equipment for
a disabled member of the assistance unit; and (iii) any vehicle used for
long-distance travel, other than daily commuting, for the employment of a unit
member.
To
establish the loan value of vehicles, a county agency must use the
N.A.D.A. Official Used Car Guide,
Midwest Edition, for newer model cars.
When a vehicle is not listed in the guidebook, or when the applicant or
participant disputes the loan value listed in the guidebook as unreasonable
given the condition of the particular vehicle, the county agency may require
the applicant or participant document the loan value by securing a written
statement from a motor vehicle dealer licensed under section 168.27, stating
the amount that the dealer would pay to purchase the vehicle. The county agency shall reimburse the
applicant or participant for the cost of a written statement that documents a
lower loan value;
(2)
the value of life insurance policies for members of the assistance unit;
(3)
one burial plot per member of an assistance unit;
(4)
the value of personal property needed to produce earned income, including
tools, implements, farm animals, inventory, business loans, business checking
and savings accounts used at least annually and used exclusively for the
operation of a self-employment business, and any motor vehicles if at least 50
percent of the vehicle's use is to produce income and if the vehicles are
essential for the self-employment business;
(5)
the value of personal property not otherwise specified which is commonly used
by household members in day-to-day living such as clothing, necessary household
furniture, equipment, and other basic maintenance items essential for daily
living;
(6)
the value of real and personal property owned by a recipient of Supplemental
Security Income or Minnesota supplemental aid;
(7)
the value of corrective payments, but only for the month in which the payment
is received and for the following month;
(8)
a mobile home or other vehicle used by an applicant or participant as the
applicant's or participant's home;
(9)
money in a separate escrow account that is needed to pay real estate taxes or
insurance and that is used for this purpose;
(10)
money held in escrow to cover employee FICA, employee tax withholding, sales
tax withholding, employee worker compensation, business insurance, property
rental, property taxes, and other costs that are paid at least annually, but
less often than monthly;
(11)
monthly assistance payments for the current month's or short-term emergency
needs under section 256J.626, subdivision 2;
(12)
the value of school loans, grants, or scholarships for the period they are
intended to cover;
(13)
payments listed in section 256J.21, subdivision 2, clause (9), which are held
in escrow for a period not to exceed three months to replace or repair personal
or real property;
(14)
income received in a budget month through the end of the payment month;
(15)
savings from earned income of a minor child or a minor parent that are set
aside in a separate account designated specifically for future education or
employment costs;
(16)
the federal earned income credit, Minnesota working family credit, state and
federal income tax refunds, state homeowners and renters credits under chapter
290A, property tax rebates and other federal or state tax rebates in the month
received and the following month;
(17)
payments excluded under federal law as long as those payments are held in a
separate account from any nonexcluded funds;
(18)
the assets of children ineligible to receive MFIP benefits because foster care
or adoption assistance payments are made on their behalf; and
(19)
the assets of persons whose income is excluded under section 256J.21,
subdivision 2, clause (43).
Sec.
2. Minnesota Statutes 2006, section
256J.24, subdivision 5, is amended to read:
Subd.
5. MFIP
transitional standard. The MFIP
transitional standard is based on the number of persons in the assistance unit
eligible for both food and cash assistance unless the restrictions in
subdivision 6 on the birth of a child apply.
The following table represents the transitional standards effective
October 1, 2004 2007.
Number of
Eligible People Transitional
Standard Cash
Portion Food
Portion
1 $379
$391: $250 $129
$141
2 $675
$698: $437 $238
$261
3 $876
$910: $532 $344
$378
4 $1,036
$1,091: $621 $415
$470
5 $1,180
$1,245: $697 $483
$548
6 $1,350
$1,425: $773 $577
$652
7 $1,472
$1,553: $850 $622
$703
8 $1,623
$1,713: $916 $707
$797
9 $1,772
$1,871: $980 $792
$891
10 $1,915
$2,024: $1,035 $880
$989
over 10 per add
$142 $151: $53 $89
$98
additional member.
The commissioner shall annually publish in the State Register the
transitional standard for an assistance unit sizes 1 to 10 including a
breakdown of the cash and food portions.
Sec. 3. Minnesota Statutes
2006, section 256J.521, subdivision 4, is amended to read:
Subd. 4. Self-employment. (a)
Self-employment activities may be included in an employment plan contingent on
the development of a business plan which establishes a timetable and earning
goals that will result in the participant exiting MFIP assistance. Business plans must be developed with
assistance from an individual or organization with expertise in small business
as approved by the job counselor.
(b) Participants with an approved plan that includes self-employment
must meet the participation requirements in section 256J.55, subdivision
1. Only hours where the participant
earns at least minimum wage shall be counted toward the requirement. Additional activities and hours necessary to
meet the participation requirements in section 256J.55, subdivision 1, must be
included in the employment plan.
(c) Employment plans which include self-employment activities must be
reviewed every three months.
Participants who fail, without good cause, to make satisfactory progress
as established in the business plan must revise the employment plan to replace
the self-employment with other approved work activities.
(d) The requirements of this subdivision may be waived for participants
who are enrolled in the self-employment investment demonstration program (SEID)
under section 256J.65, and who make satisfactory progress as determined by the
job counselor and the SEID provider.
Sec. 4. Minnesota Statutes
2006, section 256J.54, subdivision 2, is amended to read:
Subd. 2. Responsibility for assessment and employment plan. For caregivers who are under age 18 without
a high school diploma or its equivalent, the assessment under subdivision 1 and
the employment plan under subdivision 3 must be completed by the social
services agency under section 257.33.
For caregivers who are age 18 or 19 without a high school diploma or its
equivalent who choose to have an employment plan with an education option under
subdivision 3, the assessment under subdivision 1 and the employment plan under
subdivision 3 must be completed by the job counselor or, at county option, by
the social services agency under section 257.33. Upon reaching age 18 or 19 a caregiver who received social
services under section 257.33 and is without a high school diploma or its
equivalent has the option to choose whether to continue receiving services
under the caregiver's plan from the social services agency or to utilize an
MFIP employment and training service provider.
The social services agency or the job counselor shall consult with representatives
of educational agencies that are required to assist in developing educational
plans under section 124D.331 the participant's school in developing the
educational plan.
Sec. 5. Minnesota Statutes
2006, section 256J.54, subdivision 5, is amended to read:
Subd. 5. School attendance required.
(a) Notwithstanding the provisions of section 256J.56, Minor
parents, or 18- or 19-year-old parents without a high school diploma or its
equivalent who chooses an employment plan with an education option must attend
school unless:
(1) transportation services needed to enable the caregiver to attend
school are not available;
(2) appropriate child care services needed to enable the caregiver to
attend school are not available;
(3) the caregiver is ill or incapacitated seriously enough to prevent
attendance at school; or
(4) the caregiver is needed in the home because of the illness or
incapacity of another member of the household.
This includes a caregiver of a child who is younger than six weeks of
age.
(b) The caregiver must be enrolled in a secondary school and meeting
the school's attendance requirements.
The county, social service agency, or job counselor must verify at least
once per quarter that the caregiver is meeting the school's attendance
requirements. An enrolled caregiver is
considered to be meeting the attendance requirements when the school is not in
regular session, including during holiday and summer breaks.
Sec. 6. Minnesota Statutes
2006, section 256J.545, is amended to read:
256J.545 FAMILY VIOLENCE
WAIVER CRITERIA.
(a) In order to qualify for a family violence waiver, an individual
must provide documentation of past or current family violence which may prevent
the individual from participating in certain employment activities. A claim of family violence must be
documented by the applicant or participant providing a sworn statement which is
supported by collateral documentation.
(b) Collateral documentation may consist of The following
items may be considered acceptable documentation or verification of family
violence:
(1) police, government agency, or court records;
(2) a statement from a battered women's shelter staff with knowledge of
the circumstances or credible evidence that supports the sworn statement;
(3) a statement from a sexual assault or domestic violence advocate
with knowledge of the circumstances or credible evidence that supports the
sworn statement; or
(4) a statement from professionals from whom the applicant or recipient
has sought assistance for the abuse; or.
(5) a sworn statement from any other individual with knowledge of
circumstances or credible evidence that supports the sworn statement.
(c) A claim of family violence may also be documented by a sworn
statement from the applicant or participant and a sworn statement from any
other person with knowledge of the circumstances or credible evidence that
supports the client's statement.
Sec. 7. Minnesota Statutes 2007
Supplement, section 256J.95, subdivision 3, is amended to read:
Subd. 3. Eligibility for diversionary work program. (a) Except for the categories of family
units listed below, all family units who apply for cash benefits and who meet
MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and
must participate in the diversionary work program. Family units that are not eligible for the diversionary work
program include:
(1) child only cases;
(2) a single-parent family unit that includes a child under 12 weeks of
age. A parent is eligible for this
exception once in a parent's lifetime and is not eligible if the parent has
already used the previously allowed child under age one exemption from MFIP
employment services;
(3) a minor parent without a high school diploma or its equivalent;
(4) an 18- or 19-year-old caregiver without a high school diploma or
its equivalent who chooses to have an employment plan with an education option;
(5) a caregiver age 60 or over;
(6) family units with a caregiver who received DWP benefits in the 12
months prior to the month the family applied for DWP, except as provided in
paragraph (c);
(7) family units with a caregiver who received MFIP within the 12
months prior to the month the family unit applied for DWP;
(8) a family unit with a caregiver who received 60 or more months of TANF
assistance;
(9) a family unit with a caregiver who is disqualified from DWP or MFIP
due to fraud; and
(10) refugees and asylees as defined in Code of Federal
Regulations, title 45, chapter IV part 400, subpart d, section 444.43
400.43, who arrived in the United States in the 12 months prior to the date
of application for family cash assistance.
(b) A two-parent family must participate in DWP unless both caregivers
meet the criteria for an exception under paragraph (a), clauses (1) through
(5), or the family unit includes a parent who meets the criteria in paragraph
(a), clause (6), (7), (8), or (9), or (10).
(c) Once DWP eligibility is determined, the four months run
consecutively. If a participant leaves
the program for any reason and reapplies during the four-month period, the
county must redetermine eligibility for DWP.
ARTICLE 5
MISCELLANEOUS TECHNICAL
Section 1. Minnesota Statutes
2007 Supplement, section 245C.08, subdivision 2, is amended to read:
Subd. 2. Background studies conducted by a county agency. (a) For a background study conducted by a
county agency for adult foster care, family adult day services, and family
child care services, the commissioner shall review:
(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;
(2) information from juvenile courts as required in subdivision 4 for
individuals listed in section 245C.03, subdivision 1, clauses (2), (5), and
(6); and
(3) information from the Bureau of Criminal Apprehension.
(b) If the individual has resided in the county for less than five
years, the study shall include the records specified under paragraph (a) for
the previous county or counties of residence for the past five years.
(c) Notwithstanding expungement by a court, the county agency may
consider information obtained under paragraph (a), clauses clause
(3) and (4), unless the commissioner received notice of the petition for
expungement and the court order for expungement is directed specifically to the
commissioner.
Sec. 2. Minnesota Statutes 2007
Supplement, section 256E.35, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) The
definitions in this subdivision apply to this section.
(b) "Family asset account" means a savings account opened by
a household participating in the Minnesota family assets for independence
initiative.
(c) "Fiduciary organization" means:
(1) a community action agency that has obtained recognition under
section 256E.31;
(2) a federal community development credit union serving the
seven-county metropolitan area; or
(3) a women-oriented economic development agency serving the
seven-county metropolitan area.
(d) "Financial institution" means a bank, bank and trust,
savings bank, savings association, or credit union, the deposits of which are
insured by the Federal Deposit Insurance Corporation or the National Credit
Union Administration.
(e) "Permissible use" means:
(1) postsecondary educational expenses at an accredited public
postsecondary eligible educational institution as defined in
paragraph (g), including books, supplies, and equipment required for
courses of instruction;
(2) acquisition costs of acquiring, constructing, or reconstructing a
residence, including any usual or reasonable settlement, financing, or other
closing costs;
(3) business capitalization expenses for expenditures on capital,
plant, equipment, working capital, and inventory expenses of a legitimate
business pursuant to a business plan approved by the fiduciary organization;
and
(4) acquisition costs of a principal residence within the meaning of
section 1034 of the Internal Revenue Code of 1986 which do not exceed 100
percent of the average area purchase price applicable to the residence
determined according to section 143(e)(2) and (3) of the Internal Revenue Code
of 1986.
(f) "Household" means all individuals who share use of a
dwelling unit as primary quarters for living and eating separate from other
individuals.
(g) "Eligible educational institution" means the following:
(1) an institution of higher education described in section 101 or 102
of the Higher Education Act of 1965; or
(2) an area vocational education school, as defined in subparagraph (C)
or (D) of United States Code, title 20, chapter 44, section 2302 (3) (the Carl
D. Perkins Vocational and Applied Technology Education Act), which is located
within any state, as defined in United States Code, title 20, chapter 44,
section 2302 (30). This clause is
applicable only to the extent section 2302 is in effect on the effective date
of this section.
Sec. 3. Laws 2007, chapter 147,
article 2, section 21, the effective date, is amended to read:
EFFECTIVE DATE. Subdivision 1 is effective February 1, 2008, and subdivision 2 is
effective May 1, 2008 March 1, 2009.
Sec. 4. REPEALER.
Minnesota Statutes 2006, section 256K.25, is repealed.
ARTICLE 6
CHILD WELFARE
Section 1. Minnesota Statutes
2006, section 259.20, subdivision 1, is amended to read:
Subdivision 1. Policy and purpose. The policy of the state of Minnesota and the
purpose of sections 259.20 to 259.69 is to ensure:
(1) that the best interests of children adopted persons
are met in the planning and granting of adoptions; and
(2) that laws and practices governing adoption recognize the diversity
of Minnesota's population and the diverse needs of persons affected by
adoption.
Sec. 2. Minnesota Statutes
2006, section 259.21, is amended by adding a subdivision to read:
Subd. 2a. Adult adoption. "Adult
adoption" means the adoption of a person at least 18 years of age.
Sec. 3. Minnesota Statutes
2006, section 259.22, subdivision 2, is amended to read:
Subd. 2. Children Persons who may be adopted. No petition for adoption shall be filed
unless the child person sought to be adopted has been placed by
the commissioner of human services, the commissioner's agent, or a licensed
child-placing agency. The provisions of
this subdivision shall not apply if
(a) the child person to be adopted is over 14 years of
age;
(b) the child is sought to be adopted by an individual who is related
to the child, as defined by section 245A.02, subdivision 13;
(c) the child has been lawfully placed under the laws of another state
while the child and petitioner resided in that other state;
(d) the court waives the requirement of this subdivision in the best
interests of the child or petitioners, provided that the adoption does not
involve a placement as defined in section 259.21, subdivision 8; or
(e) the child has been lawfully placed under section 259.47.
Sec. 4. Minnesota Statutes
2006, section 259.23, subdivision 2, is amended to read:
Subd. 2. Contents of petition. The
petition shall be signed by the petitioner and, if married, by the spouse. It shall be verified, and filed in
duplicate. The petition shall allege:
(a) The full name, age and place of residence of petitioner, and if
married, the date and place of marriage;
(b) The date petitioner acquired physical custody of the child and from
what person or agency;
(c) The date of birth of the child person to be adopted,
if known, and the state and county where born;
(d) The name of the child's parents, if known, and the guardian if
there be one;
(e) The actual name of the child person to be adopted, if
known, and any known aliases;
(f) The name to be given the child person to be adopted if
a change of name is desired;
(g) The description and value of any real or personal property owned by
the child person to be adopted;
(h) That the petitioner desires that the relationship of parent and
child be established between petitioner and the child, and that it is to the
the person to be adopted and that adoption is in the best interests of the child
for the child person to be adopted by the petitioner.
In agency placements, the information required in clauses (d) and (e)
shall not be required to be alleged in the petition but shall be transmitted to
the court by the commissioner of human services or the agency.
Sec. 5. [259.241] ADULT ADOPTION.
(a) Any adult person may be adopted, regardless of his or her
residence. A resident of Minnesota may
petition the court of record having jurisdiction of adoption proceedings to
adopt an individual who has reached the age of 18 years or older.
(b) The consent of the person to be adopted shall be the only consent
necessary, according to section 259.24.
The consent of an adult in his or her own adoption is invalid if the
adult is considered to be a vulnerable adult under section 626.5572,
subdivision 21, or if the person consenting to the adoption is determined not
competent to give consent.
(c) The decree of adoption establishes a parent-child relationship
between the adopting parent or parents and the person adopted, including the
right to inherit, and also terminates the parental rights and sibling
relationship between the adopted person and the adopted person's birth parents
and siblings according to section 259.59.
(d) If the adopted person requests a change of name, the adoption
decree shall order the name change.
Sec. 6. Minnesota Statutes 2007
Supplement, section 259.41, subdivision 1, is amended to read:
Subdivision 1. Study required before placement; certain
relatives excepted. (a) An approved
adoption study; completed background study, as required under section 245C.33;
and written report must be completed before the child is placed in a
prospective adoptive home under this chapter, except as allowed by section
259.47, subdivision 6. In an agency
placement, the report must be filed with the court at the time the adoption petition
is filed. In a direct adoptive placement,
the report must be filed with the court in support of a motion for temporary
preadoptive custody under section 259.47, subdivision 3, or, if the study and
report are complete, in support of an emergency order under section 259.47,
subdivision 6. The study and report
shall be completed by a licensed child-placing agency and must be thorough and
comprehensive. The study and report
shall be paid for by the prospective adoptive parent, except as otherwise
required under section 256.01, subdivision 2, paragraph (h), 259.67,
or 259.73.
(b) A placement for adoption with an individual who is related to the
child, as defined by section 245A.02, subdivision 13, is not subject to this
section except as a background study required by sections 245C.33
and 259.53, subdivision 2, paragraph (c) by subdivision 2, paragraph
(a), clause (1), items (i) and (ii), and subdivision 3. In the case of a stepparent adoption, a
background study must be completed on the stepparent and any children as
required under subdivision 3, paragraph (b), except that a child of the
stepparent does not need to have a background study complete if they are a
sibling through birth or adoption of the person being adopted. The local social services agency of the
county in which the prospective adoptive parent lives must initiate a
background study unless a child-placing agency has been involved with the
adoption. The local social service
agency may charge a reasonable fee for the background study. If a placement is being made the background
study must be completed prior to placement pursuant to section 259.29,
subdivision 1, paragraph (c).
Background study results must be filed with the adoption petition
according to section 259.22, except in an adult adoption where an adoption
study and background study are not needed.
(c) In the case of a licensed foster parent seeking to adopt a child
who is in the foster parent's care, any portions of the foster care licensing
process that duplicate requirements of the home study may be submitted in satisfaction
of the relevant requirements of this section.
Sec. 7. Minnesota Statutes
2006, section 259.43, is amended to read:
259.43 BIRTH PARENT HISTORY;
COMMISSIONER'S FORM.
In any adoption under this chapter, except a stepparent or an adult adoption
under section 259.241, a birth parent or an agency, if an agency
placement, shall provide a prospective adoptive parent with a complete,
thorough, detailed, and current social and medical history of the birth
families child being adopted, if information is known after
reasonable inquiry. Each birth
family child's social and medical history must be provided on a form
or forms prepared by the commissioner and must include background and
health history specific to the child, the child's birth parents, and the
child's other birth relatives.
Applicable background and health information about the child
includes: the child's current health
condition, behavior, and demeanor; placement history; education history;
sibling information; and birth, medical, dental, and immunization
information. Redacted copies of
pertinent records, assessments, and evaluations shall be attached to the
child's social and medical history.
Applicable background information about the child's birth parents and
other birth relatives includes: general
background information; education and employment history; physical health and
mental health history; and reasons for the child's placement. The child's social and medical history shall
be completed in a manner so that the completed form protects
the identities of all individuals described in it. The commissioner shall make the form available to agencies and
court administrators for public distribution.
The birth family child's social and medical history must
be provided to the prospective adoptive family prior to adoptive placement,
provided to the Department of Human Services with application for adoption
assistance, if applicable, and filed with the court when the adoption
petition is filed, or,. In
a direct adoptive placement, the child's social and medical history must be
filed with the court with the motion for temporary preadoptive custody.
Sec. 8. Minnesota Statutes
2006, section 259.52, subdivision 2, is amended to read:
Subd. 2. Requirement to search registry before adoption petition can be granted;
proof of search. No petition for
adoption may be granted unless the agency supervising the adoptive placement,
the birth mother of the child, or, in the case of a stepparent or relative
adoption, the county agency responsible for the report required under section
259.53, subdivision 1, requests that the commissioner of health search the
registry to determine whether a putative father is registered in relation to a
child who is or may be the subject of an adoption petition. The search required by this subdivision must
be conducted no sooner than 31 days following the birth of the child. A search of the registry may be proven by
the production of a certified copy of the registration form or by a certified
statement of the commissioner of health that after a search no registration of
a putative father in relation to a child who is or may be the subject of an
adoption petition could be located. The
filing of a certified copy of an order from a juvenile protection matter under
chapter 260C containing a finding that certification of the requisite search of
the Minnesota Fathers' Adoption Registry was filed with the court in that
matter shall also constitute proof of search.
Certification that the fathers' adoption registry has been searched
must be filed with the court prior to entry of any final order of
adoption. In addition to the search
required by this subdivision, the agency supervising the adoptive placement,
the birth mother of the child, or, in the case of a stepparent or relative
adoption, the county social services agency responsible for the
report under section 259.53, subdivision 1, or the responsible social
services agency that is a petitioner in a juvenile protection matter under
chapter 260C may request that the commissioner of health search the
registry at any time.
Sec. 9. Minnesota Statutes
2006, section 259.53, subdivision 3, is amended to read:
Subd. 3. Reports and records. (a)
The contents of all reports and records of the commissioner of human services,
local social services agency, or child-placing agency bearing on the
suitability of the proposed adoptive home and the child to each other shall not
be disclosed either directly or indirectly to any person other than the
commissioner of human services, the child's guardian ad litem appointed
under: (1) section 260C.163 when the
guardian's appointment continues under section 260C.317, subdivision 3,
paragraph (b); or (2) section 259.65, or a judge of the court having
jurisdiction of the matter, except as provided in paragraph (b).
(b) A judge of the court having jurisdiction of the matter shall upon
request disclose to a party to the proceedings or the party's counsel any
portion of a report or record that relates only to the suitability of the
proposed adoptive parents. In this
disclosure, the judge may withhold the identity of individuals providing
information in the report or record.
When the judge is considering whether to disclose the identity of
individuals providing information, the agency with custody of the report or
record shall be permitted to present reasons for or against disclosure.
Sec. 10. Minnesota Statutes
2007 Supplement, section 259.57, subdivision 1, is amended to read:
Subdivision 1. Findings; orders. Upon the hearing,
(a) if the court finds that it is in the best interests of the child
person to be adopted that the petition be granted, a decree of adoption
shall be made and recorded in the office of the court administrator, ordering
that henceforth the child person to be adopted shall be the child
of the petitioner. In the decree the
court may change the name of the child adopted person if
desired. After the decree is granted
for a child an adopted person who is:
(1) under the guardianship of the commissioner or a licensed
child-placing agency according to section 260C.201, subdivision 11, or
260C.317;
(2) placed by the commissioner, commissioner's agent, or licensed
child-placing agency after a consent to adopt according to section 259.24 or
under an agreement conferring authority to place for adoption according to
section 259.25; or
(3) adopted after a direct adoptive placement ordered by the district
court under section 259.47,
the court administrator
shall immediately mail a copy of the recorded decree to the commissioner of
human services;
(b) if the court is not satisfied that the proposed adoption is in the
best interests of the child person to be adopted, the court shall
deny the petition, and in the case of a child shall order the child
returned to the custody of the person or agency legally vested with permanent
custody or certify the case for appropriate action and disposition to the court
having jurisdiction to determine the custody and guardianship of the child.
Sec. 11. Minnesota Statutes
2006, section 259.59, subdivision 1, is amended to read:
Subdivision 1. Legal effect. Upon adoption, the child adopted person shall
become the legal child of the adopting persons and they shall become the legal
parents of the child with all the rights and duties between them of birth
parents and legitimate child. By virtue
of the adoption the child adopted person shall inherit from the
adoptive parents or their relatives the same as though the child adopted
person were the natural child of the parents, and in case of the child's
adopted person's death intestate the adoptive parents and their
relatives shall inherit the child's adopted person's estate as if
they the adopted person had been the child's birth parents and
relatives. After a decree of adoption
is entered the birth parents of an adopted child person shall be
relieved of all parental responsibilities for the child adopted
person, and they shall not exercise or have any rights over the adopted child
person or the child's adopted person's property. The child adopted person shall
not owe the birth parents or their relatives any legal duty nor shall the child
adopted person inherit from the birth parents or kindred, except as
provided in subdivision 1a and section 257C.08, subdivision 6.
Sec. 12. Minnesota Statutes
2006, section 259.59, subdivision 2, is amended to read:
Subd. 2. Enrollment in American Indian tribe. Notwithstanding the provisions of subdivision 1, the adoption of
a child person whose birth parent or parents are enrolled in an
American Indian tribe shall not change the child's person's
enrollment in that tribe.
Sec. 13. Minnesota Statutes
2006, section 259.67, subdivision 2, is amended to read:
Subd. 2. Adoption assistance agreement.
The placing agency shall certify a child as eligible for adoption assistance
according to rules promulgated by the commissioner. The placing agency shall not certify a child who remains under
the jurisdiction of the sending agency pursuant to section 260.851, article 5,
for state-funded adoption assistance when Minnesota is the receiving
state. Not later than 30 days after a
parent or parents are found and approved for adoptive placement of a child
certified as eligible for adoption assistance, and before the final decree of
adoption is issued, a written agreement must be entered into by the
commissioner, the adoptive parent or parents, and the placing agency. The written agreement must be fully
completed by the placing agency and in the form prescribed by the commissioner
and must set forth the responsibilities of all parties, the anticipated
duration of the adoption assistance payments, and the payment terms. The adoption assistance agreement shall be
subject to the commissioner's approval, which must be granted or denied not
later than 15 days after the agreement is entered.
The amount of adoption assistance is subject to the availability of
state and federal funds and shall be determined through agreement with the
adoptive parents. The agreement shall
take into consideration the circumstances of the adopting parent or parents,
the needs of the child being adopted and may provide ongoing monthly
assistance, supplemental maintenance expenses related to the adopted
person's child's special needs, nonmedical expenses periodically
necessary for purchase of services, items, or equipment related to the special
needs, and medical expenses. The
placing agency or the adoptive parent or parents shall provide written
documentation to support the need for adoption assistance payments. The commissioner may require periodic
reevaluation of adoption assistance payments.
The amount of ongoing monthly adoption assistance granted may in no case
exceed that which would be allowable for the child under foster family care and
is subject to the availability of state and federal funds.
Sec. 14. Minnesota Statutes
2006, section 259.67, subdivision 3, is amended to read:
Subd. 3. Annual affidavit Modification or termination of the adoption
assistance agreement. When
adoption assistance agreements are for more than one year, the adoptive parents
or guardian or conservator shall annually present an affidavit stating whether
the adopted person remains under their care and whether the need for adoption
assistance continues to exist. The
commissioner may verify the affidavit. The
adoption assistance agreement shall continue in accordance with its terms as
long as the need for adoption assistance continues and the adopted person
child is the legal or financial dependent of the adoptive parent or parents
or guardian or conservator and is under 18 years of age. The adoption assistance agreement may be
extended to age 22 as allowed by rules adopted by the commissioner. Termination or modification of the adoption
assistance agreement may be requested by the adoptive parents or subsequent
guardian or conservator at any time.
When the commissioner determines that a child is eligible for adoption
assistance under Title IV-E of the Social Security Act, United States Code,
title 42, sections 670 to 679a, the commissioner shall modify the adoption
assistance agreement in order to obtain the funds under that act.
Sec. 15. Minnesota Statutes
2006, section 259.67, is amended by adding a subdivision to read:
Subd. 3a. Recovery of overpayments.
An amount of adoption assistance paid to an adoptive parent in excess
of the payment due is recoverable by the commissioner, even when the
overpayment was caused by agency error or circumstances outside the
responsibility and control of the family or provider. Adoption assistance amounts covered by this subdivision include
basic maintenance needs payments, monthly supplemental maintenance needs
payments, reimbursement of nonrecurring adoption expenses, reimbursement of
special nonmedical costs, and reimbursement of medical costs.
Sec. 16. Minnesota Statutes
2007 Supplement, section 259.67, subdivision 4, is amended to read:
Subd. 4. Eligibility conditions. (a)
The placing agency shall use the AFDC requirements as specified in federal law
as of July 16, 1996, when determining the child's eligibility for adoption assistance
under title IV-E of the Social Security Act.
If the child does not qualify, the placing agency shall certify a child
as eligible for state funded adoption assistance only if the following criteria
are met:
(1) Due to the child's characteristics or circumstances it would be
difficult to provide the child an adoptive home without adoption assistance.
(2)(i) A placement agency has made reasonable efforts to place the
child for adoption without adoption assistance, but has been unsuccessful; or
(ii) the child's licensed foster parents desire to adopt the child and
it is determined by the placing agency that the adoption is in the best
interest of the child; or
(iii) the child's relative, as defined in section 260C.007, subdivision
27, desires to adopt the child, and it is determined by the placing agency that
the adoption is in the best interest of the child.
(3)(i) The child has been is a ward of the commissioner,
a Minnesota-licensed child-placing agency, or a tribal social service
agency of Minnesota recognized by the Secretary of the Interior; or (ii) the
child will be adopted according to tribal law without a termination of parental
rights or relinquishment, provided that the tribe has documented the valid
reason why the child cannot or should not be returned to the home of the
child's parent. The placing agency
shall not certify a child who remains under the jurisdiction of the sending
agency pursuant to section 260.851, article 5, for state-funded adoption
assistance when Minnesota is the receiving state. A child who is adopted by the child's legal custodian or
guardian shall not be eligible for state-funded adoption assistance.
(b) For purposes of this subdivision, The characteristics or
circumstances that may be considered in determining whether a child is a
child with special needs under United States Code, title 42, chapter 7,
subchapter IV, part E, or meets the requirements of paragraph (a), clause
(1), or section 473(c)(2)(A) of the Social Security Act, are the
following:
(1) The child is a member of a sibling group to be placed as one unit
in which at least one sibling is older than 15 months of age or is described in
clause (2) or (3).
(2) The child has documented physical, mental, emotional, or behavioral
disabilities.
(3) The child has a high risk of developing physical, mental,
emotional, or behavioral disabilities.
(4) The child is five years of age or older.
(c) When a child's eligibility for adoption assistance is based upon
the high risk of developing physical, mental, emotional, or behavioral
disabilities, payments shall not be made under the adoption assistance
agreement unless and until the potential disability manifests itself as
documented by an appropriate health care professional.
Sec. 17. Minnesota Statutes
2006, section 259.75, subdivision 5, is amended to read:
Subd. 5. Withdrawal of registration.
A child's registration shall be withdrawn when the exchange service has
been notified in writing by the local social service agency and or the
licensed child-placing agency that the child has been adopted, has become 14
years old and will not consent to an adoption plan, placed in an
adoptive home or has died.
Sec. 18. Minnesota Statutes
2006, section 259.89, subdivision 1, is amended to read:
Subdivision 1. Request. An adopted person who is 19 years of age or over may request the
commissioner of health to disclose the information on the adopted person's
original birth record. The commissioner
of health shall, within five days of receipt of the request, notify the commissioner
of human services services' agent or licensed child-placing agency
when known, or the commissioner of human services when the agency is not known in
writing of the request by the adopted person.
Sec. 19. Minnesota Statutes
2006, section 259.89, subdivision 2, is amended to read:
Subd. 2. Search. Within six months
after receiving notice of the request of the adopted person, the commissioner
of human services services' agent or a licensed child-placing agency shall
make complete and reasonable efforts to notify each parent identified on the
original birth record of the adopted person.
The commissioner, the commissioner's agents, and licensed child-placing
agencies may charge a reasonable fee to the adopted person for the cost of
making a search pursuant to this subdivision.
Every licensed child-placing agency in the state shall cooperate with
the commissioner of human services in efforts to notify an identified
parent. All communications under this
subdivision are confidential pursuant to section 13.02, subdivision 3.
For purposes of this subdivision, "notify" means a personal
and confidential contact with the birth parents named on the original birth
record of the adopted person. The
contact shall not be by mail and shall be by an employee or agent of the
licensed child-placing agency which processed the pertinent adoption or some
other licensed child-placing agency designated by the commissioner of human
services when it is determined to be reasonable by the commissioner;
otherwise contact shall be by mail or telephone. The contact shall be evidenced by filing with the commissioner of
health an affidavit of notification executed by the person who notified each
parent certifying that each parent was given the following information:
(a)
(1) the
nature of the information requested by the adopted person;
(b)
(2) the
date of the request of the adopted person;
(c)
(3) the
right of the parent to file, within 30 days of receipt of the notice, an
affidavit with the commissioner of health stating that the information on the
original birth record should not be disclosed;
(d)
(4) the
right of the parent to file a consent to disclosure with the commissioner of
health at any time; and
(e)
(5) the
effect of a failure of the parent to file either a consent to disclosure or an
affidavit stating that the information on the original birth record should not
be disclosed.
Sec. 20. Minnesota Statutes
2006, section 259.89, subdivision 4, is amended to read:
Subd. 4. Release of information after notice. If, within six months, the commissioner of human services
certifies services' agent or licensed child-placing agency document to
the commissioner of health notification of each parent identified on the
original birth record pursuant to subdivision 2, the commissioner of health
shall disclose the information requested by the adopted person 31 days after
the date of the latest notice to either parent. This disclosure will occur if, at any time during the 31 days
both of the parents identified on the original birth record have filed a
consent to disclosure with the commissioner of health and neither consent to
disclosure has been revoked by the subsequent filing by a parent of an
affidavit stating that the information should not be disclosed. If only one parent has filed a consent to
disclosure and the consent has not been revoked, the commissioner of health
shall disclose, to the adopted person, original birth record information on the
consenting parent only.
Sec. 21. Minnesota Statutes
2006, section 259.89, is amended by adding a subdivision to read:
Subd. 7. Adult adoptions. Notwithstanding
section 144.218, a person adopted as an adult shall be permitted to access the
person's birth records that existed prior to the adult adoption. Access to the existing birth records shall
be the same access that was permitted prior to the adult adoption.
Sec. 22. Minnesota Statutes
2006, section 260.835, subdivision 2, is amended to read:
Subd. 2. Expiration. Notwithstanding
section 15.059, subdivision 5, the American Indian Child Welfare Advisory
Council expires June 30, 2008 2012.
Sec. 23. [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN.
ARTICLE I. PURPOSE
The purpose of this Interstate Compact for the Placement of Children is
to:
A. Provide a process through which children subject to this compact are
placed in safe and suitable homes in a timely manner.
B. Facilitate ongoing supervision of a placement, the delivery of
services, and communication between the states.
C. Provide operating procedures that will ensure that children are
placed in safe and suitable homes in a timely manner.
D. Provide for the promulgation and enforcement of administrative rules
implementing the provisions of this compact and regulating the covered
activities of the member states.
E. Provide for uniform data collection and information sharing between
member states under this compact.
F. Promote coordination between this compact, the Interstate Compact
for Juveniles, the Interstate Compact on Adoption and Medical Assistance and
other compacts affecting the placement of and which provide services to
children otherwise subject to this compact.
G. Provide for a state's continuing legal jurisdiction and
responsibility for placement and care of a child that it would have had if the
placement were intrastate.
H. Provide for the promulgation of guidelines, in collaboration with
Indian tribes, for interstate cases involving Indian children as is or may be
permitted by federal law.
ARTICLE II. DEFINITIONS
As used in this compact,
A. "Approved placement" means the public child-placing agency
in the receiving state has determined that the placement is both safe and
suitable for the child.
B. "Assessment" means an evaluation of a prospective
placement by a public child-placing agency to determine whether the placement
meets the individualized needs of the child, including but not limited to the
child's safety and stability, health and well-being, and mental, emotional, and
physical development. An assessment is
only applicable to a placement by a public child-placing agency.
C. "Child" means an individual who has not attained the age
of eighteen (18).
D. "Certification" means to attest, declare, or be sworn to
before a judge or notary public.
E. "Default" means the failure of a member state to perform
the obligations or responsibilities imposed upon it by this compact, the bylaws
or rules of the Interstate Commission.
F. "Home Study" means an evaluation of a home environment
conducted according to the applicable requirements of the state in which the
home is located, and documents the preparation and the suitability of the
placement resource for placement of a child according to the laws and
requirements of the state in which the home is located.
G. "Indian tribe" means any Indian tribe, band, nation, or
other organized group or community of Indians recognized as eligible for
services provided to Indians by the Secretary of the Interior because of their
status as Indians, including any Alaskan native village as defined in section 3
(c) of the Alaska Native Claims settlement Act at 43 USC§1602(c).
H. "Interstate Commission for the Placement of Children"
means the commission that is created under Article VIII of this compact and
which is generally referred to as the Interstate Commission.
I. "Jurisdiction" means the power and authority of a court to
hear and decide matters.
J. "Legal Risk Placement" ("Legal Risk Adoption")
means a placement made preliminary to an adoption where the prospective
adoptive parents acknowledge in writing that a child can be ordered returned to
the sending state or the birth mother's state of residence, if different from
the sending state and a final decree of adoption shall not be entered in any
jurisdiction until all required consents are obtained or are dispensed with
according to applicable law.
K. "Member state" means a state that has enacted this
compact.
L. "Noncustodial parent" means a person who, at the time of
the commencement of court proceedings in the sending state, does not have sole
legal custody of the child or has joint legal custody of a child, and who is
not the subject of allegations or findings of child abuse or neglect.
M. "Nonmember state" means a state which has not enacted this
compact.
N. "Notice of residential placement" means information
regarding a placement into a residential facility provided to the receiving
state including, but not limited to the name, date and place of birth of the
child, the identity and address of the parent or legal guardian, evidence of
authority to make the placement, and the name and address of the facility in
which the child will be placed. Notice
of residential placement shall also include information regarding a discharge
and any unauthorized absence from the facility.
O. "Placement" means the act by a public or private
child-placing agency intended to arrange for the care or custody of a child in
another state.
P. "Private child-placing agency" means any private
corporation, agency, foundation, institution, or charitable organization, or any
private person or attorney that facilitates, causes, or is involved in the
placement of a child from one state to another and that is not an
instrumentality of the state or acting under color of state law.
Q. "Provisional placement" means a determination made by the
public child-placing agency in the receiving state that the proposed placement
is safe and suitable, and, to the extent allowable, the receiving state has
temporarily waived its standards or requirements otherwise applicable to
prospective foster or adoptive parents so as to not delay the placement. Completion of an assessment and the
receiving state requirements regarding training for prospective foster or
adoptive parents shall not delay an otherwise safe and suitable placement.
R. "Public child-placing agency" means any government child
welfare agency or child protection agency or a private entity under contract
with such an agency, regardless of whether they act on behalf of a state,
county, municipality, or other governmental unit and which facilitates, causes,
or is involved in the placement of a child from one state to another.
S. "Receiving state" means the state to which a child is
sent, brought, or caused to be sent or brought.
T. "Relative" means someone who is related to the child as a
parent, step-parent, sibling by half or whole blood or by adoption,
grandparent, aunt, uncle, or first cousin or a non-relative with such
significant ties to the child that they may be regarded as relatives as
determined by the court in the sending state.
U. "Residential Facility" means a facility providing a level
of care that is sufficient to substitute for parental responsibility or foster
care, and is beyond what is needed for assessment or treatment of an acute
condition. For purposes of the compact,
residential facilities do not include institutions primarily educational in
character, hospitals, or other medical facilities.
V. "Rule" means a written directive, mandate, standard, or
principle issued by the Interstate Commission promulgated pursuant to Article
XI of this compact that is of general applicability and that implements,
interprets, or prescribes a policy or provision of the compact. Rule has the force and effect of an
administrative rule in a member state, and includes the amendment, repeal, or
suspension of an existing rule.
W. "Sending state" means the state from which the placement
of a child is initiated.
X. "Service member's permanent duty station" means the
military installation where an active duty Armed Services member is currently
assigned and is physically located under competent orders that do not specify
the duty as temporary.
Y. "Service member's state of legal residence" means the
state in which the active duty Armed Services member is considered a resident
for tax and voting purposes.
Z. "State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, the Northern Marianas Islands, and any other territory of the
United States.
AA. "State court" means a judicial body of a state that is
vested by law with responsibility for adjudicating cases involving abuse,
neglect, deprivation, delinquency, or status offenses of individuals who have
not attained the age of eighteen (18).
BB. "Supervision" means monitoring provided by the receiving
state once a child has been placed in a receiving state pursuant to this
compact.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in Article III, Section B, this compact
shall apply to:
1. The interstate placement of a child subject to ongoing court
jurisdiction in the sending state, due to allegations or findings that the
child has been abused, neglected, or deprived as defined by the laws of the
sending state, provided, however, that the placement of such a child into a
residential facility shall only require notice of residential placement to the
receiving state prior to placement.
2. The interstate placement of a child adjudicated delinquent or
unmanageable based on the laws of the sending state and subject to ongoing
court jurisdiction of the sending state if:
a. the child is being placed in a residential facility in another
member state and is not covered under another compact; or
b. the child is being placed in another member state and the
determination of safety and suitability of the placement and services required
is not provided through another compact.
3. The interstate placement of any child by a public child-placing
agency or private child-placing agency as defined in this compact as a
preliminary step to a possible adoption.
B. The provisions of this compact shall not apply to:
1. The interstate placement of a child in a custody proceeding in which
a public child placing agency is not a party, provided the placement is not
intended to effectuate an adoption.
2. The interstate placement of a child with a non-relative in a
receiving state by a parent with the legal authority to make such a placement
provided, however, that the placement is not intended to effectuate an
adoption.
3. The interstate placement of a child by one relative with the lawful
authority to make such a placement directly with a relative in a receiving
state.
4. The placement of a child, not subject to Article III, Section A,
into a residential facility by his parent.
5. The placement of a child with a noncustodial parent provided that:
a. The noncustodial parent proves to the satisfaction of a court in the
sending state a substantial relationship with the child; and
b. The court in the sending state makes a written finding that
placement with the non-custodial parent is in the best interests of the child;
and
c. The court in the sending state dismisses its jurisdiction over the
child's case.
6. A child entering the United States from a foreign country for the
purpose of adoption or leaving the United States to go to a foreign country for
the purpose of adoption in that country.
7. Cases in which a U.S. citizen child living overseas with his family,
at least one of whom is in the U.S. Armed Services, and who is stationed
overseas, is removed and placed in a state.
8. The sending of a child by a public child-placing agency or a private
child-placing agency for a visit as defined by the rules of the Interstate
Commission.
C. For purposes of determining the applicability of this compact to the
placement of a child with a family in the Armed Services, the public
child-placing agency or private child-placing agency may choose the state of
the service member's permanent duty station or the service member's declared
legal residence.
D. Nothing in this compact shall be construed to prohibit the
concurrent application of the provisions of this compact with other applicable
interstate compacts including the Interstate Compact for Juveniles and the
Interstate Compact on Adoption and Medical Assistance. The Interstate Commission may in cooperation
with other interstate
compact commissions having responsibility for the interstate movement,
placement, or transfer of children, promulgate like rules to ensure the
coordination of services, timely placement of children, and the reduction of
unnecessary or duplicative administrative or procedural requirements.
ARTICLE IV. JURISDICTION
A. Except as provided in Article IV, Section G, concerning private and
independent adoptions and in interstate placements in which the public child
placing agency is not a party to a custody proceeding, the sending state shall
retain jurisdiction over a child with respect to all matters of custody and
disposition of the child which it would have had if the child had remained in
the sending state. Such jurisdiction
shall also include the power to order the return of the child to the sending
state.
B. When an issue of child protection or custody is brought before a
court in the receiving state, such court shall confer with the court of the
sending state to determine the most appropriate forum for adjudication.
C. In accordance with its own laws, the court in
the sending state shall have authority to terminate its jurisdiction if:
1. The child is reunified with the parent in the receiving state who is
the subject of allegations or findings of abuse or neglect, only with the
concurrence of the public child-placing agency in the receiving state; or
2. The child is adopted;
3. The child reaches the age of majority under the laws of the sending
state; or
4. The child achieves legal independence pursuant to the laws of the
sending state; or
5. A guardianship is created by a court in the receiving state with the
concurrence of the court in the sending state; or
6. An Indian tribe has petitioned for and received jurisdiction from
the court in the sending state; or
7. The public child-placing agency of the sending state requests
termination and has obtained the concurrence of the public child-placing agency
in the receiving the state.
D. When a sending state court terminates its jurisdiction, the
receiving state child-placing agency shall be notified.
E. Nothing in this article shall defeat a claim of jurisdiction by a
receiving state court sufficient to deal with an act of truancy, delinquency,
crime, or behavior involving a child as defined by the laws of the receiving
state committed by the child in the receiving state which would be a violation
of its laws.
F. Nothing in this article shall limit the receiving state's ability to
take emergency jurisdiction for the protection of the child.
G. The substantive laws of the state in which an adoption will be
finalized shall solely govern all issues relating to the adoption of the child
and the court in which the adoption proceeding is filed shall have subject
matter jurisdiction regarding all substantive issues relating to the adoption,
except:
1. when the child is a ward of another court that established
jurisdiction over the child prior to the placement;
2. when the child is in the legal custody of a public agency in the
sending state; or
3. when the court in the sending state has otherwise appropriately
assumed jurisdiction over the child, prior to the submission of the request for
approval of placement.
ARTICLE V. PLACEMENT EVALUATION
A. Prior to sending, bringing, or causing a child to be sent or brought
into a receiving state, the public child-placing agency shall provide a written
request for assessment to the receiving state.
B. For placements by a private child-placing agency, a child may be
sent or brought, or caused to be sent or brought, into a receiving state, upon
receipt and immediate review of the required content in a request for approval
of a placement in both the sending and receiving state public child-placing
agency. The required content to
accompany a request for provisional approval shall include all of the
following:
1. A request for approval identifying the child, birth parents, the
prospective adoptive parents, and the supervising agency, signed by the person
requesting approval; and
2. The appropriate consents or relinquishments signed by the
birthparents in accordance with the laws of the sending state or, where
permitted, the laws of the state where the adoption will be finalized; and
3. Certification by a licensed attorney or other authorized agent of a
private adoption agency that the consent or relinquishment is in compliance
with the applicable laws of the sending state, or where permitted the laws of
the state where finalization of the adoption will occur; and
4. A home study; and
5. An acknowledgment of legal risk signed by the prospective adoptive
parents.
C. The sending state and the receiving state may request additional
information or documents prior to finalization of an approved placement, but
they may not delay travel by the prospective adoptive parents with the child if
the required content for approval has been submitted, received, and reviewed by
the public child-placing agency in both the sending state and the receiving
state.
D. Approval from the public child-placing agency in the receiving state
for a provisional or approved placement is required as provided for in the
rules of the Interstate Commission.
E. The procedures for making, and the request for an assessment, shall
contain all information and be in such form as provided for in the rules of the
Interstate Commission.
F. Upon receipt of a request from the public child-placing agency of
the sending state, the receiving state shall initiate an assessment of the
proposed placement to determine its safety and suitability. If the proposed placement is a placement
with a relative, the public child-placing agency of the sending state may
request a determination for a provisional placement.
G. The public child-placing agency in the receiving state may request
from the public child-placing agency or the private child-placing agency in the
sending state, and shall be entitled to receive supporting or additional
information necessary to complete the assessment.
ARTICLE VI. PLACEMENT AUTHORITY
A. Except as otherwise provided in this compact, no child subject to
this compact shall be placed into a receiving state until approval for such
placement is obtained.
B. If the public child-placing agency in the receiving state does not
approve the proposed placement then the child shall not be placed. The receiving state shall provide written
documentation of any such determination in accordance with the rules promulgated
by the Interstate Commission. Such determination
is not subject to judicial review in the sending state.
C. If the proposed placement is not approved, any interested party
shall have standing to seek an administrative review of the receiving state's
determination.
1. The administrative review and any further judicial review associated
with the determination shall be conducted in the receiving state pursuant to
its applicable administrative procedures.
2. If a determination not to approve the placement of the child in the
receiving state is overturned upon review, the placement shall be deemed
approved, provided however that all administrative or judicial remedies have
been exhausted or the time for such remedies has passed.
ARTICLE VII. PLACING AGENCY
RESPONSIBILITY
A. For the interstate placement of a child made by a public
child-placing agency or state court:
1. The public child-placing agency in the sending state shall have
financial responsibility for:
a. the ongoing support and maintenance for the child during the period
of the placement, unless otherwise provided for in the receiving state; and
b. as determined by the public child-placing agency in the sending
state, services for the child beyond the public services for which the child is
eligible in the receiving state.
2. The receiving state shall only have financial responsibility for:
a. any assessment conducted by the receiving state; and
b. supervision conducted by the receiving state at the level necessary
to support the placement as agreed upon by the public child-placing agencies of
the receiving and sending state.
3. Nothing in this provision shall prohibit public child-placing
agencies in the sending state from entering into agreements with licensed
agencies or persons in the receiving state to conduct assessments and provide
supervision.
B. For the placement of a child by a private child-placing agency
preliminary to a possible adoption, the private child-placing agency shall be:
1. Legally responsible for the child during the period of placement as
provided for in the law of the sending state until the finalization of the
adoption.
2. Financially responsible for the child absent a contractual agreement
to the contrary.
C. The public child-placing agency in the receiving state shall provide
timely assessments, as provided for in the rules of the Interstate Commission.
D. The public child-placing agency in the receiving state shall
provide, or arrange for the provision of, supervision and services for the
child, including timely reports, during the period of the placement.
E. Nothing in this compact shall be construed as to limit the authority
of the public child-placing agency in the receiving state from contracting with
a licensed agency or person in the receiving state for an assessment or the
provision of supervision or services for the child or otherwise authorizing the
provision of supervision or services by a licensed agency during the period of
placement.
F. Each member state shall provide for coordination among its branches
of government concerning the state's participation in, and compliance with, the
compact and Interstate Commission activities, through the creation of an
advisory council or use of an existing body or board.
G. Each member state shall establish a central state compact office,
which shall be responsible for state compliance with the compact and the rules
of the Interstate Commission.
H. The public child-placing agency in the sending state shall oversee
compliance with the provisions of the Indian Child Welfare Act (25 USC 1901 et
seq.) for placements subject to the provisions of this compact, prior to
placement.
I. With the consent of the Interstate Commission, states may enter into
limited agreements that facilitate the timely assessment and provision of
services and supervision of placements under this compact.
ARTICLE VIII. INTERSTATE
COMMISSION FOR THE
PLACEMENT OF CHILDREN
The member states hereby establish, by way of this compact, a
commission known as the "Interstate Commission for the Placement of
Children." The activities of the Interstate Commission are the formation
of public policy and are a discretionary state function. The Interstate Commission shall:
A. Be a joint commission of the member states and shall have the
responsibilities, powers and duties set forth herein, and such additional
powers as may be conferred upon it by subsequent concurrent action of the
respective legislatures of the member states.
B. Consist of one commissioner from each member state who shall be
appointed by the executive head of the state human services administration with
ultimate responsibility for the child welfare program. The appointed commissioner shall have the
legal authority to vote on policy related matters governed by this compact
binding the state.
1. Each member state represented at a meeting of the Interstate
Commission is entitled to one vote.
2. A majority of the member states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the bylaws of
the Interstate Commission.
3. A representative shall not delegate a vote to another member state.
4. A representative may delegate voting authority to another person
from their state for a specified meeting.
C. In addition to the commissioners of each member state, the
Interstate Commission shall include persons who are members of interested
organizations as defined in the bylaws or rules of the Interstate
Commission. Such members shall be ex
officio and shall not be entitled to vote on any matter before the Interstate
Commission.
D. Establish an executive committee which shall have the authority to
administer the day-to-day operations and administration of the Interstate
Commission. It shall not have the power
to engage in rulemaking.
ARTICLE IX. POWERS AND DUTIES
OF
THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To promulgate rules and take all necessary actions to effect the
goals, purposes and obligations as enumerated in this compact.
B. To provide for dispute resolution among member states.
C. To issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate compact, its bylaws,
rules or actions.
D. To enforce compliance with this compact or the bylaws or rules of
the Interstate Commission pursuant to Article XII.
E. Collect standardized data concerning the interstate placement of
children subject to this compact as directed through its rules which shall
specify the data to be collected, the means of collection and data exchange and
reporting requirements.
F. To establish and maintain offices as may be necessary for the
transacting of its business.
G. To purchase and maintain insurance and bonds.
H. To hire or contract for services of personnel or consultants as
necessary to carry out its functions under the compact and establish personnel
qualification policies, and rates of compensation.
I. To establish and appoint committees and officers including, but not
limited to, an executive committee as required by Article X.
J. To accept any and all donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose
thereof.
K. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve, or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal, or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and operation of
the Interstate Commission.
O. To report annually to the legislatures, governors, the judiciary,
and state advisory councils of the member states concerning the activities of
the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have
been adopted by the Interstate Commission.
P. To coordinate and provide education, training, and public awareness
regarding the interstate movement of children for officials involved in such
activity.
Q. To maintain books and records in accordance with the bylaws of the
Interstate Commission.
R. To perform such functions as may be necessary or appropriate to
achieve the purposes of this compact.
ARTICLE X. ORGANIZATION AND
OPERATION OF THE INTERSTATE COMMISSION
A. Bylaws
1. Within 12 months after the first Interstate Commission meeting, the
Interstate Commission shall adopt bylaws to govern its conduct as may be
necessary or appropriate to carry out the purposes of the compact.
2. The Interstate Commission's bylaws and rules shall establish
conditions and procedures under which the Interstate Commission shall make its
information and official records available to the public for inspection or
copying. The Interstate Commission may
exempt from disclosure information or official records to the extent they would
adversely affect personal privacy rights or proprietary interests.
B. Meetings
1. The Interstate Commission shall meet at least once each calendar
year. The chairperson may call
additional meetings and, upon the request of a simple majority of the member
states shall call additional meetings.
2. Public notice shall be given by the Interstate Commission of all
meetings and all meetings shall be open to the public, except as set forth in
the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting,
or portion thereof, where it determines by two-thirds vote that an open meeting
would be likely to:
a. relate solely to the Interstate Commission's internal personnel
practices and procedures; or
b. disclose matters specifically exempted from disclosure by federal
law; or
c. disclose financial or commercial information which is privileged,
proprietary or confidential in nature; or
d. involve accusing a person of a crime, or formally censuring a
person; or
e. disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy or physically
endanger one or more persons; or
f. disclose investigative records compiled for law enforcement
purposes; or
g. specifically relate to the Interstate Commission's participation in
a civil action or other legal proceeding.
3. For a meeting, or portion of a meeting, closed pursuant to this
provision, the Interstate Commission's legal counsel or designee shall certify
that the meeting may be closed and shall reference each relevant exemption
provision. The Interstate Commission
shall keep minutes which shall fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons therefore, including a description of the views
expressed and the record of a roll call vote.
All documents considered in connection with an action shall be identified
in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to release by a
majority vote of the Interstate Commission or by court order.
4. The bylaws may provide for meetings of the Interstate Commission to
be conducted by telecommunication or other electronic communication.
C. Officers and Staff
1. The Interstate Commission may, through its executive committee,
appoint or retain a staff director for such period, upon such terms and
conditions and for such compensation as the Interstate Commission may deem
appropriate. The staff director shall
serve as secretary to the Interstate Commission, but shall not have a
vote. The staff director may hire and
supervise such other staff as may be authorized by the Interstate Commission.
2. The Interstate Commission shall elect, from among its members, a
chairperson and a vice chairperson of the executive committee and other
necessary officers, each of whom shall have such authority and duties as may be
specified in the bylaws.
D. Qualified Immunity, Defense and Indemnification
1. The Interstate Commission's staff director and its employees shall
be immune from suit and liability, either personally or in their official
capacity, for a claim for damage to or loss of property or personal injury or
other civil liability caused or arising out of or relating to an actual or
alleged act, error, or omission that occurred, or that such person had a
reasonable basis for believing occurred within the scope of Commission employment,
duties, or responsibilities; provided, that such person shall not be protected
from suit or liability for damage, loss, injury, or liability caused by a
criminal act or the intentional or willful and wanton misconduct of such
person.
a. The liability of the Interstate Commission's staff director and
employees or Interstate Commission representatives, acting within the scope of
such person's employment or duties for acts, errors, or omissions occurring
within such person's state may not exceed the limits of liability set forth
under the Constitution and laws of that state for state officials, employees,
and agents. The Interstate Commission
is considered to be an instrumentality of the states for the purposes of any
such action. Nothing in this subsection
shall be construed to protect such person from suit or liability for damage,
loss, injury, or liability caused by a criminal act or the intentional or
willful and wanton misconduct of such person.
b. The Interstate Commission shall defend the staff director and its
employees and, subject to the approval of the Attorney General or other
appropriate legal counsel of the member state shall defend the commissioner of
a member state in a civil action seeking to impose liability arising out of an
actual or alleged act, error, or omission that occurred within the scope of
Interstate Commission employment, duties or responsibilities, or that the
defendant had a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional
or willful and wanton misconduct on the part of such person.
c. To the extent not covered by the state involved, member state, or
the Interstate Commission, the representatives or employees of the Interstate
Commission shall be held harmless in the amount of a settlement or judgment,
including attorney's fees and costs, obtained against such persons arising out
of an actual or alleged act, error, or omission that occurred within the scope
of Interstate Commission employment, duties, or responsibilities, or that such
persons had a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional
or willful and wanton misconduct on the part of such persons.
ARTICLE XI. RULEMAKING
FUNCTIONS OF
THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate and publish rules in
order to effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in this
article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform
to the principles of the "Model State Administrative Procedures Act,"
1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other
administrative procedure acts as the Interstate Commission deems appropriate consistent
with due process requirements under the United States Constitution as now or
hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date
specified, as published with the final version of the rule as approved by the
Interstate Commission.
C. When promulgating a rule, the Interstate Commission shall, at a
minimum:
1. Publish the proposed rule's entire text stating the reason(s) for
that proposed rule; and
2. Allow and invite any and all persons to submit written data, facts,
opinions, and arguments, which information shall be added to the record, and be
made publicly available; and
3. Promulgate a final rule and its effective date, if appropriate,
based on input from state or local officials, or interested parties.
D. Rules promulgated by the Interstate Commission shall have the force
and effect of administrative rules and shall be binding in the compacting
states to the extent and in the manner provided for in this compact.
E. Not later than 60 days after a rule is promulgated, an interested
person may file a petition in the U.S.
District Court for the District of Columbia or in the Federal District
Court where the Interstate Commission's principal office is located for
judicial review of such rule. If the
court finds that the Interstate Commission's action is not supported by
substantial evidence in the rulemaking record, the court shall hold the rule
unlawful and set it aside.
F. If a majority of the legislatures of the member states rejects a
rule, those states may by enactment of a statute or resolution in the same
manner used to adopt the compact cause that such rule shall have no further
force and effect in any member state.
G. The existing rules governing the operation of the Interstate Compact
on the Placement of Children superseded by this act shall be null and void no
less than 12, but no more than 24 months after the first meeting of the
Interstate Commission created hereunder, as determined by the members during
the first meeting.
H. Within the first 12 months of operation, the Interstate Commission
shall promulgate rules addressing the following:
1. Transition rules
2. Forms and procedures
3. Time lines
4. Data collection and reporting
5. Rulemaking
6. Visitation
7. Progress reports/supervision
8. Sharing of information/confidentiality
9. Financing of the Interstate Commission
10. Mediation, arbitration, and dispute resolution
11. Education, training, and technical assistance
12. Enforcement
13. Coordination with other interstate compacts
I. Upon determination by a majority of the members of the Interstate
Commission that an emergency exists:
1. The Interstate Commission may promulgate an emergency rule only if
it is required to:
a. Protect the children covered by this compact from an imminent threat
to their health, safety, and well-being; or
b. Prevent loss of federal or state funds; or
c. Meet a deadline for the promulgation of an administrative rule
required by federal law.
2. An emergency rule shall become effective immediately upon adoption,
provided that the usual rulemaking procedures provided hereunder shall be
retroactively applied to said rule as soon as reasonably possible, but no later
than 90 days after the effective date of the emergency rule.
3. An emergency rule shall be promulgated as provided for in the rules
of the Interstate Commission.
ARTICLE XII. OVERSIGHT, DISPUTE
RESOLUTION,
ENFORCEMENT
A. Oversight
1. The Interstate Commission shall oversee the administration and
operation of the compact.
2. The executive, legislative, and judicial branches of state
government in each member state shall enforce this compact and the rules of the
Interstate Commission and shall take all actions necessary and appropriate to
effectuate the compact's purposes and intent.
The compact and its rules shall be binding in the compacting states to
the extent and in the manner provided for in this compact.
3. All courts shall take judicial notice of the compact and the rules
in any judicial or administrative proceeding in a member state pertaining to
the subject matter of this compact.
4. The Interstate Commission shall be entitled to receive service of
process in any action in which the validity of a compact provision or rule is
the issue for which a judicial determination has been sought and shall have
standing to intervene in any proceedings.
Failure to provide service of process to the Interstate Commission shall
render any judgment, order or other determination, however so captioned or
classified, void as to the Interstate Commission, this compact, its bylaws, or
rules of the Interstate Commission.
B. Dispute Resolution
1. The Interstate Commission shall attempt, upon the request of a
member state, to resolve disputes which are subject to the compact and which
may arise among member states and between member and nonmember states.
2. The Interstate Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes among compacting
states. The costs of such mediation or
dispute resolution shall be the responsibility of the parties to the dispute.
C. Enforcement
1. If the Interstate Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities under this
compact, its bylaws or rules, the Interstate Commission may:
a. Provide remedial training and specific technical assistance; or
b. Provide written notice to the defaulting state and other member
states, of the nature of the default and the means of curing the default. The Interstate Commission shall specify the
conditions by which the defaulting state must cure its default; or
c. By majority vote of the members, initiate against a defaulting
member state legal action in the United State District Court for the District
of Columbia or, at the discretion of the Interstate Commission, in the federal
district where the Interstate Commission has its principal office, to enforce
compliance with the provisions of the compact, its bylaws, or rules. The relief sought may include both injunctive
relief and damages. In the event
judicial enforcement is necessary the prevailing party shall be awarded all
costs of such litigation including reasonable attorney's fees; or
d. Avail itself of any other remedies available under state law or the
regulation of official or professional conduct.
ARTICLE XIII. FINANCING OF THE
COMMISSION
A. The Interstate Commission shall pay, or provide for the payment of
the reasonable expenses of its establishment, organization, and ongoing
activities.
B. The Interstate Commission may levy on and collect an annual
assessment from each member state to cover the cost of the operations and
activities of the Interstate Commission and its staff which must be in a total
amount sufficient to cover the Interstate Commission's annual budget as
approved by its members each year. The
aggregate annual assessment amount shall be allocated based upon a formula to
be determined by the Interstate Commission which shall promulgate a rule binding
upon all member states.
C. The Interstate Commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor shall the Interstate
Commission pledge the credit of any of the member states, except by and with
the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The
receipts and disbursements of the Interstate Commission shall be subject to the
audit and accounting procedures established under its bylaws. However, all receipts and disbursements of
funds handled by the Interstate Commission shall be audited yearly by a
certified or licensed public accountant and the report of the audit shall be
included in and become part of the annual report of the Interstate Commission.
ARTICLE XIV. MEMBER STATES,
EFFECTIVE DATE
AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative
enactment of the compact into law by no less than 35 states. The effective date shall be the later of
July 1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall become effective and
binding as to any other member state upon enactment of the compact into law by
that state. The executive heads of the
state human services administration with ultimate responsibility for the child
welfare program of nonmember states or their designees shall be invited to
participate in the activities of the Interstate Commission on a non-voting
basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the compact for
enactment by the member states. No
amendment shall become effective and binding on the member states unless and
until it is enacted into law by unanimous consent of the member states.
ARTICLE XV. WITHDRAWAL AND
DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force and remain
binding upon each and every member state; provided that a member state may
withdraw from the compact specifically repealing the statute which enacted the
compact into law.
2. Withdrawal from this compact shall be by the enactment of a statute
repealing the same. The effective date
of withdrawal shall be the effective date of the repeal of the statute.
3. The withdrawing state shall immediately notify the president of the
Interstate Commission in writing upon the introduction of legislation repealing
this compact in the withdrawing state.
The Interstate Commission shall then notify the other member states of
the withdrawing state's intent to withdraw.
4. The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall occur
upon the withdrawing state reenacting the compact or upon such later date as
determined by the members of the Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of the
withdrawal or default of the member state which reduces the membership in the
compact to one member state.
2. Upon the dissolution of this compact, the compact becomes null and
void and shall be of no further force or effect, and the business and affairs
of the Interstate Commission shall be concluded and surplus funds shall be
distributed in accordance with the bylaws.
ARTICLE XVI. SEVERABILITY AND
CONSTRUCTION
A. The provisions of this compact shall be severable, and if any
phrase, clause, sentence, or provision is deemed unenforceable, the remaining
provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to
effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the
concurrent applicability of other interstate compacts to which the states are
members.
ARTICLE XVII. BINDING EFFECT OF
COMPACT
AND OTHER LAWS
A. Other Laws
1. Nothing herein prevents the enforcement of any other law of a member
state that is not inconsistent with this compact.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including all rules
and bylaws promulgated by the Interstate Commission, are binding upon the
member states.
2. All agreements between the Interstate Commission and the member
states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any member state, such
provision shall be ineffective to the extent of the conflict with the constitutional
provision in question in that member state.
ARTICLE XVIII. INDIAN TRIBES
Notwithstanding any other provision in this compact, the Interstate
Commission may promulgate guidelines to permit Indian tribes to utilize the
compact to achieve any or all of the purposes of the compact as specified in
Article I. The Interstate Commission
shall make reasonable efforts to consult with Indian tribes in promulgating
guidelines to reflect the diverse circumstances of the various Indian tribes.
EFFECTIVE DATE. This section is effective upon legislative enactment of the
compact into law by no less than 35 states.
The commissioner of human services shall inform the Revisor of Statutes
when this occurs.
Sec. 24. Minnesota Statutes
2006, section 260C.001, subdivision 2, is amended to read:
Subd. 2. Child in need of protection services. (a) The paramount consideration in all proceedings
concerning a child alleged or found to be in need of protection or services is
the health, safety, and best interests of the child. In proceedings involving an American Indian child, as defined in
section 260.755, subdivision 8, the best interests of the child must be
determined consistent with sections 260.751 to 260.835 and the Indian Child
Welfare Act, United States Code, title 25, sections 1901 to 1923.
(b) The
purpose of the laws relating to juvenile courts is:
(1)
to secure for each child alleged or adjudicated in need of protection or
services and under the jurisdiction of the court, the care and guidance, preferably
in the child's own home, as will best serve the spiritual, emotional, mental,
and physical welfare of the child;
(2)
to provide judicial procedures which protect the welfare of the child;
(3)
to preserve and strengthen the child's family ties whenever possible and in the
child's best interests, removing the child from the custody of parents only
when the child's welfare or safety cannot be adequately safeguarded without
removal;
(4) to ensure that when removal from the child's own family is necessary
and in the child's best interests, the responsible social services agency has
legal responsibility for the child removal either:
(i) pursuant to a voluntary placement agreement between the child's
parent or guardian and the responsible social services agency; or
(ii) by court order pursuant to section 260C.151, subdivision 6;
206C.178; or 260C.201;
(5) to ensure that, when placement is pursuant to court order, the
court order removing the child or continuing the child in foster care contains
an individualized determination that placement is in the best interests of the
child that coincides with the actual removal of the child; and, when removal from
the child's own family is necessary and in the child's best interests,
(6)
to secure for ensure that when the child is removed, the child
custody, child's care and discipline is, as nearly as
possible, equivalent to that which should have been given by the parents.
and is either in:
(i) the home of a noncustodial parent pursuant to section 260C.178 or
260C.201, subdivision 1, paragraph (a), clause (1);
(ii) the home of a relative pursuant to emergency placement by the
responsible social services agency under chapter 245A; or
(iii) a foster home licensed under chapter 245A.
Sec. 25. Minnesota Statutes 2006,
section 260C.007, subdivision 5, is amended to read:
Subd. 5. Child abuse. "Child
abuse" means an act that involves a minor victim and that
constitutes a violation of section 609.221, 609.222, 609.223, 609.224,
609.2242, 609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377,
609.378, 617.246, or that is physical or sexual abuse as defined in section
626.556, subdivision 2, or an act committed in another state that involves
a minor victim and would constitute a violation of one of these sections if
committed in this state.
Sec. 26. Minnesota Statutes
2006, section 260C.007, subdivision 6, is amended to read:
Subd. 6. Child in need of protection or services. "Child in need of protection or services" means a child
who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in
section 626.556, subdivision 2, (ii) resides with or has resided with a
victim of child abuse as defined in subdivision 5 or domestic child
abuse as defined in subdivision 5 13, (iii) resides with or would
reside with a perpetrator of domestic child abuse as defined in subdivision
13 or child abuse as defined in subdivision 5, or (iv) is a victim of
emotional maltreatment as defined in subdivision 8;
(3) is without necessary food, clothing, shelter, education, or other
required care for the child's physical or mental health or morals because the
child's parent, guardian, or custodian is unable or unwilling to provide that
care;
(4) is without the special care made necessary by a physical, mental,
or emotional condition because the child's parent, guardian, or custodian is
unable or unwilling to provide that care, including a child in voluntary
placement due solely to the child's developmental disability or emotional
disturbance;
(5) is medically neglected, which includes, but is not limited to, the
withholding of medically indicated treatment from a disabled infant with a
life-threatening condition. The term
"withholding of medically indicated treatment" means the failure to
respond to the infant's life-threatening conditions by providing treatment,
including appropriate nutrition, hydration, and medication which, in the
treating physician's or physicians' reasonable medical judgment, will be most
likely to be effective in ameliorating or correcting all conditions, except
that the term does not include the failure to provide treatment other than
appropriate nutrition, hydration, or medication to an infant when, in the
treating physician's or physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be
effective in ameliorating or correcting all of the infant's life-threatening
conditions, or otherwise be futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms
of the survival of the infant and the treatment itself under the circumstances
would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause
desires to be relieved of the child's care and custody, including a child in
placement according to who entered foster care under a voluntary release
by placement agreement between the parent and the responsible
social services agency under section 260C.212, subdivision 8;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental,
or physical disability, or state of immaturity of the child's parent, guardian,
or other custodian;
(9) is one whose behavior, condition, or environment is such as to be
injurious or dangerous to the child or others.
An injurious or dangerous environment may include, but is not limited
to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure
to thrive, that have been diagnosed by a physician and are due to parental
neglect;
(11) has engaged in prostitution as defined in section 609.321,
subdivision 9;
(12) has committed a delinquent act or a juvenile petty offense before
becoming ten years old;
(13) is a runaway;
(14) is a habitual truant; or
(15) has been found incompetent to proceed or has been found not guilty
by reason of mental illness or mental deficiency in connection with a
delinquency proceeding, a certification under section 260B.125, an extended
jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty
offense.
Sec. 27. Minnesota Statutes
2006, section 260C.007, subdivision 13, is amended to read:
Subd. 13. Domestic child abuse.
"Domestic child abuse" means:
(1) any physical injury to a minor family or household member inflicted
by an adult family or household member other than by accidental means; or
(2) subjection of a minor family or household member by an adult family
or household member to any act which constitutes a violation of sections
609.321 to 609.324, 609.342, 609.343, 609.344, 609.345, or 617.246.;
or
(3) physical or sexual abuse as defined in section 626.556, subdivision
2.
Sec. 28. Minnesota Statutes
2006, section 260C.101, subdivision 2, is amended to read:
Subd. 2. Jurisdiction over other matters relating to children. Except as provided in clause (d), the
juvenile court has original and exclusive jurisdiction in proceedings
concerning:
(a) The termination of parental rights to a child in accordance with
the provisions of sections 260C.301 to 260C.328.
(b) The appointment and removal of a juvenile court guardian for a
child, where parental rights have been terminated under the provisions of
sections 260C.301 to 260C.328.
(c) Judicial consent to the marriage of a child when required by law.
(d) The juvenile court in those counties in which the judge of the
probate-juvenile court has been admitted to the practice of law in this state
shall proceed under the laws relating to adoptions in all adoption
matters. In those counties in which the
judge of the probate-juvenile court has not been admitted to the practice of
law in this state the district court shall proceed under the laws relating to
adoptions in all adoption matters.
(e) The review of the foster care status placement of a
child who has been placed is in a residential facility, as
defined in section 260C.212, subdivision 1, foster care pursuant to
a voluntary release by placement agreement between the child's
parent or parents and the responsible social services agency under section
260C.212, subdivision 8.
(f) The review of voluntary foster care placement of a child for
treatment under chapter 260D according to the review requirements of that
chapter.
Sec. 29. Minnesota Statutes
2006, section 260C.141, subdivision 2, is amended to read:
Subd. 2. Review of foster care status.
Except for a child in foster care due solely to the child's
developmental disability or emotional disturbance, When a child continues
in voluntary placement foster care according to section 260C.212,
subdivision 8, a petition shall be filed alleging the child to be in need of
protection or services or seeking termination of parental rights or other
permanent placement of the child away from the parent within 90 days of the
date of the voluntary placement agreement.
The petition shall state the reasons why the child is in placement
foster care, the progress on the out-of-home placement plan required under
section 260C.212, subdivision 1, and the statutory basis for the petition under
section 260C.007, subdivision 6, 260C.201, subdivision 11, or 260C.301.
(1) In the case of a petition alleging the child to be in need of
protection or services filed under this paragraph, if all parties agree and the
court finds it is in the best interests of the child, the court may find the
petition states a prima facie case that:
(i) the child's needs are being met;
(ii) the placement of the child in foster care is in the best interests
of the child;
(iii) reasonable efforts to reunify the child and the parent or
guardian are being made; and
(iv) the child will be returned home in the next three months.
(2) If the court makes findings under paragraph (1), the court shall
approve the voluntary arrangement and continue the matter for up to three more
months to ensure the child returns to the parents' home. The responsible social services agency
shall:
(i) report to the court when the child returns home and the progress
made by the parent on the out-of-home placement plan required under section
260C.212, in which case the court shall dismiss jurisdiction;
(ii) report to the court that the child has not returned home, in which
case the matter shall be returned to the court for further proceedings under
section 260C.163; or
(iii) if any party does not agree to continue the matter under this
paragraph and paragraph (1), the matter shall proceed under section 260C.163.
Sec. 30. Minnesota Statutes
2007 Supplement, section 260C.163, subdivision 1, is amended to read:
Subdivision 1. General. (a) Except for hearings arising under section 260C.425, hearings
on any matter shall be without a jury and may be conducted in an informal
manner. In all adjudicatory proceedings
involving a child alleged to be in need of protection or services, the court
shall admit only evidence that would be admissible in a civil trial. To be proved at trial, allegations of a
petition alleging a child to be in need of protection or services must be
proved by clear and convincing evidence.
(b) Except for proceedings involving a child alleged to be in need of
protection or services and petitions for the termination of parental rights,
hearings may be continued or adjourned from time to time. In proceedings involving a child alleged to
be in need of protection or services and petitions for the termination of
parental rights, hearings may not be continued or adjourned for more than one
week unless the court makes specific findings that the continuance or
adjournment is in the best interests of the child. If a hearing is held on a petition involving physical or sexual
abuse of a child who is alleged to be in need of protection or services or
neglected and in foster care, the court shall file the decision with the court
administrator as soon as possible but no later than 15 days after the matter is
submitted to the court. When a continuance
or adjournment is ordered in any proceeding, the court may make any interim
orders as it deems in the best interests of the minor in accordance with the
provisions of sections 260C.001 to 260C.421.
(c) Except as otherwise provided in this paragraph, the court shall
exclude the general public from hearings under this chapter and shall admit
only those persons who, in the discretion of the court, have a direct interest
in the case or in the work of the court. Absent exceptional
circumstances, hearings under this chapter are presumed to be accessible to the
public, however the court may close any hearing and the records related to any
matter as provided in the Minnesota Rules of Juvenile Protection Procedure.
(d) Adoption hearings shall be conducted in accordance with the
provisions of laws relating to adoptions.
(e) In any permanency hearing, including the transition of a child from
foster care to independent living, the court shall ensure that any consult with
the child is in an age-appropriate manner.
Sec. 31. Minnesota Statutes
2006, section 260C.171, subdivision 2, is amended to read:
Subd. 2. Public inspection of records.
(a) The following records from proceedings or portions of
proceedings involving a child in need of protection or services that,
permanency, or termination of parental rights are open accessible
to the public as authorized by Supreme Court order and court rules are
accessible to the public unless the court determines that access should be
restricted because of the intensely personal nature of the information: the Minnesota Rules of Juvenile
Protection Procedure.
(1) the summons and petition;
(2) affidavits of publication and service;
(3) certificates of representation;
(4) court orders;
(5) hearing and trial notices, witness lists, and subpoenas;
(6) motions and legal memoranda;
(7) exhibits introduced at hearings or trial that are not inaccessible
under paragraph (b);
(8) birth records; and
(9) all other documents not listed as inaccessible to the public under
paragraph (b).
(b) The following records are not accessible to the public under
paragraph (a):
(1) written, audiotaped, or videotaped information from the social
services agency, except to the extent the information appears in the petition,
court orders, or other documents that are accessible under paragraph (a);
(2) child protection intake or screening notes;
(3) documents identifying reporters of maltreatment, unless the names
and other identifying information are redacted;
(4) guardian ad litem reports;
(5) victim statements and addresses and telephone numbers;
(6) documents identifying nonparty witnesses under the age of 18,
unless the names and other identifying information are redacted;
(7) transcripts of testimony taken during closed hearing;
(8) fingerprinting materials;
(9) psychological, psychiatric, and chemical dependency evaluations;
(10) presentence evaluations of juveniles and probation reports;
(11) medical records and test results;
(12) reports issued by sexual predator programs;
(13) diversion records of juveniles;
(14) any document which the court, upon its own motion or upon motion
of a party, orders inaccessible to serve the best interests of the child; and
(15) any other records that are not accessible to the public under
rules developed by the courts.
In addition, records that are accessible to the public under paragraph
(a) become inaccessible to the public if one year has elapsed since either the
proceeding was dismissed or the court's jurisdiction over the matter was
terminated.
(c) Except as otherwise provided by this section, none of the records
of the juvenile court and (b) None of the records relating to an appeal from a nonpublic
juvenile court proceeding, except the written appellate opinion, shall be open
to public inspection or their contents disclosed except by order of a court.
(d)
(c) The
records of juvenile probation officers are records of the court for the
purposes of this subdivision. This
subdivision applies to all proceedings under this chapter, including appeals
from orders of the juvenile court. The
court shall maintain the confidentiality of adoption files and records in
accordance with the provisions of laws relating to adoptions. In juvenile court proceedings any report or
social history furnished to the court shall be open to inspection by the
attorneys of record and the guardian ad litem a reasonable time before it is
used in connection with any proceeding before the court.
(e) When a judge of a juvenile court, or duly authorized agent of the
court, determines under a proceeding under this chapter that a child has
violated a state or local law, ordinance, or regulation pertaining to the
operation of a motor vehicle on streets and highways, except parking
violations, the judge or agent shall immediately report the violation to the
commissioner of public safety. The
report must be made on a form provided by the Department of Public Safety and
must contain the information required under section 169.95.
Sec. 32. Minnesota Statutes
2006, section 260C.178, subdivision 1, is amended to read:
Subdivision 1. Hearing and release requirements. (a) If a child was taken into custody under
section 260C.175, subdivision 1, clause (a) or (b)(2), the court shall hold a
hearing within 72 hours of the time the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should
continue in custody.
(b) Unless there is reason to believe that the child would endanger
self or others, not return for a court hearing, run away from the child's
parent, guardian, or custodian or otherwise not remain in the care or control
of the person to whose lawful custody the child is released, or that the
child's health or welfare would be immediately endangered, the child shall be
released to the custody of a parent, guardian, custodian, or other suitable
person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided
in section 260C.157, subdivision 1.
(c) If
the court determines there is reason to believe that the child would endanger
self or others; not return for a court hearing; run away from the child's
parent, guardian, or custodian or otherwise not remain in the care or control
of the person to whose lawful custody the child is released; or that the
child's health or welfare would be immediately endangered if returned to the
care of the parent or guardian who has custody and from whom the child was
removed, the court shall order the child into foster care under the legal
responsibility of the responsible social services agency or responsible
probation or corrections agency for the purposes of protective care as that
term is used in the juvenile court rules. or into the home of a
noncustodial parent and order the noncustodial parent to comply with any
conditions the court determines to be appropriate to the safety and care of the
child, including cooperating with paternity establishment proceedings in the
case of a man who has not been adjudicated the child's father. The court shall not give the responsible
social services legal custody and order a trial home visit at any time prior to
adjudication and disposition under section 260C.201, subdivision 1, paragraph
(a), clause (3), but may order the child returned to the care of the parent or
guardian who has custody and from whom the child was removed and order the
parent or guardian to comply with any conditions the court determines to be
appropriate to meet the safety, health, and welfare of the child.
(d) In
determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a
perpetrator of domestic child abuse.
(c)
(e) The
court, before determining whether a child should be placed in or continue in
foster care under the protective care of the responsible agency, shall also
make a determination, consistent with section 260.012 as to whether reasonable
efforts were made to prevent placement or whether reasonable efforts to prevent
placement are not required. In the case
of an Indian child, the court shall determine whether active efforts, according
to the Indian Child Welfare Act of 1978, United States Code, title 25, section
1912(d), were made to prevent placement.
The court shall enter a finding that the responsible social services
agency has made reasonable efforts to prevent placement when the agency
establishes either:
(1) that it has actually provided services or made efforts in an
attempt to prevent the child's removal but that such services or efforts have
not proven sufficient to permit the child to safely remain in the home; or
(2) that there are no services or other efforts that could be made at
the time of the hearing that could safely permit the child to remain home or to
return home. When reasonable efforts to
prevent placement are required and there are services or other efforts that
could be ordered which would permit the child to safely return home, the court
shall order the child returned to the care of the parent or guardian and the
services or efforts put in place to ensure the child's safety. When the court makes a prima facie
determination that one of the circumstances under paragraph (e) (g)
exists, the court shall determine that reasonable efforts to prevent placement
and to return the child to the care of the parent or guardian are not required.
If the court finds the social services agency's preventive or
reunification efforts have not been reasonable but further preventive or
reunification efforts could not permit the child to safely remain at home, the
court may nevertheless authorize or continue the removal of the child.
(d)
(f) The
court may not order or continue the foster care placement of the child unless
the court makes explicit, individualized findings that continued custody of the
child by the parent or guardian would be contrary to the welfare of the child
and that placement is in the best interest of the child.
(e)
(g) At the
emergency removal hearing, or at any time during the course of the proceeding,
and upon notice and request of the county attorney, the court shall determine
whether a petition has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in
section 260C.007, subdivision 14;
(2) the parental rights of the parent to another child have been
involuntarily terminated;
(3) the child is an abandoned infant under section 260C.301,
subdivision 2, paragraph (a), clause (2);
(4) the parents' custodial rights to another child have been
involuntarily transferred to a relative under section 260C.201, subdivision 11,
paragraph (e), clause (1), or a similar law of another jurisdiction; or
(5) the provision of services or further services for the purpose of
reunification is futile and therefore unreasonable.
(f)
(h) When a
petition to terminate parental rights is required under section 260C.301,
subdivision 3 or 4, but the county attorney has determined not to proceed with
a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section
260C.201, subdivision 11, the court shall schedule a permanency hearing within
30 days of the filing of the petition.
(g)
(i) If the
county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the
petition except when the county attorney determines that the criminal case
shall proceed to trial first under section 260C.201, subdivision 3.
(h)
(j) If the
court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency
regarding the child's father or relatives of the child, the court may order the
parent to disclose the names, addresses, telephone numbers, and other
identifying information to the responsible social services agency for the
purpose of complying with the requirements of sections 260C.151, 260C.212, and
260C.215.
(i)
(k) If a child
ordered into foster care has siblings, whether full, half, or step, who are
also ordered into foster care, the court shall inquire of the responsible
social services agency of the efforts to place the children together as
required by section 260C.212, subdivision 2, paragraph (d), if placement
together is in each child's best interests, unless a child is in placement due
solely to the child's own behavior or a child is placed with a previously
noncustodial parent who is not parent to all siblings. If the children are not placed together at
the time of the hearing, the court shall inquire at each subsequent hearing of
the agency's efforts to place the siblings together. If any sibling is not placed with another sibling or siblings,
the agency must develop a plan for visitation among the siblings as required
under section 260C.212, subdivision 1.
Sec. 33. Minnesota Statutes
2006, section 260C.205, is amended to read:
260C.205 DISPOSITIONS;
VOLUNTARY FOSTER CARE PLACEMENTS FOR TREATMENT.
Unless the court disposes of the petition under section 260C.141,
subdivision 2,
Upon a petition for review of the foster care status of a by a parent
or guardian under section 260C.141, subdivision 1, regarding a child in
voluntary foster care for treatment under chapter 260D, the court may:
(a)
find that the child's needs are not being met, in which case the court shall
order the social services agency or the parents to take whatever action is
necessary and feasible to meet the child's needs, including, when appropriate,
the provision by the social services agency of services to the parents which
would enable the child to live at home, and order a disposition under
section 260C.201.
(b) Find that the child has been abandoned by parents financially or
emotionally, or that the developmentally disabled child does not require
out-of-home care because of the disabling condition, in which case the court
shall order the social services agency to file an appropriate petition pursuant
to section 260C.141, subdivision 1, or 260C.307.
(c) When a child is in placement due solely to the child's
developmental disability or emotional disturbance and the court finds that
there are compelling reasons which permit the court to approve the continued
voluntary placement of the child and retain jurisdiction to conduct reviews as
required under section 260C.141, subdivision 2, the court shall give the parent
notice by registered United States mail of the review requirements of section
260C.141, subdivision 2, in the event the child continues in placement 12
months or longer.
Nothing in this section shall be construed to prohibit bringing a
petition pursuant to section 260C.141, subdivision 1 or 4, sooner than required
by court order pursuant to this section.
Sec. 34. Minnesota Statutes 2007
Supplement, section 260C.209, subdivision 1, is amended to read:
Subdivision 1. Subjects. The responsible social services agency must initiate a
background study to be completed by the commissioner under chapter 245C
may have access to the criminal history and history of child and adult
maltreatment on the following individuals:
(1) a noncustodial parent or nonadjudicated parent who is being
assessed for purposes of providing day-to-day care of a child temporarily or
permanently under section 260C.212, subdivision 4, and any member of the
parent's household who is over the age of 13 when there is a reasonable cause
to believe that the parent or household member over age 13 has a criminal
history or a history of maltreatment of a child or vulnerable adult which would
endanger the child's health, safety, or welfare;
(2) an individual whose suitability for relative placement under
section 260C.212, subdivision 5, is being determined and any member of the
relative's household who is over the age of 13 when:
(i) the relative must be licensed for foster care; or
(ii) the background study is required under section 259.53, subdivision
2; or
(iii) the agency or the commissioner has reasonable cause to believe
the relative or household member over the age of 13 has a criminal history
which would not make transfer of permanent legal and physical custody to the
relative under section 260C.201, subdivision 11, in the child's best interest;
and
(3) a parent, following an out-of-home placement, when the responsible
social services agency has reasonable cause to believe that the parent has been
convicted of a crime directly related to the parent's capacity to maintain the
child's health, safety, or welfare or the parent is the subject of an open
investigation of, or has been the subject of a substantiated allegation of,
child or vulnerable-adult maltreatment within the past ten years.
"Reasonable cause"
means that the agency has received information or a report from the subject or
a third person that creates an articulable suspicion that the individual has a
history that may pose a risk to the health, safety, or welfare of the
child. The information or report must
be specific to the potential subject of the background check and shall not be
based on the race, religion, ethnic background, age, class, or lifestyle of the
potential subject.
Sec. 35. Minnesota Statutes
2007 Supplement, section 260C.209, subdivision 2, is amended to read:
Subd. 2. General procedures. (a)
When initiating a background check accessing information under
subdivision 1, the agency shall require the individual being assessed to
provide sufficient information to ensure an accurate assessment under this
section, including:
(1) the individual's first, middle, and last name and all other names
by which the individual has been known;
(2) home address, zip code, city, county, and state of residence for
the past five years;
(3) sex;
(4) date of birth; and
(5) driver's license number or state identification number.
(b) When notified by the commissioner or the responsible social
services agency that it is conducting an assessment under this section accessing
information under subdivision 1, the Bureau of Criminal Apprehension,
commissioners of health and human services, law enforcement, and county
agencies must provide the commissioner or the responsible social
services agency or county attorney with the following information on the
individual being assessed: criminal
history data, local law enforcement data about the household, reports
about the maltreatment of adults substantiated under section 626.557, and
reports of maltreatment of minors substantiated under section 626.556.
Sec. 36. Minnesota Statutes
2007 Supplement, section 260C.209, is amended by adding a subdivision to read:
Subd. 5. Assessment for emergency relative placement. The responsible social services agency
may obtain household members' criminal history and the history of maltreatment
of a child or adult and use the history to assess whether putting the child in
the household would endanger the child's health, safety, or welfare and to
assess the suitability of a relative prior to an emergency placement. This assessment does not substitute for the
background study required under chapter 245C and does not supersede requirements
related to emergency placement under section 245A.035.
Sec. 37. Minnesota Statutes
2007 Supplement, section 260C.212, subdivision 1, is amended to read:
Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan shall be
prepared within 30 days after any child is placed in a residential facility
foster care by court order or by the a voluntary release
of the child by placement agreement between the responsible social
services agency and the child's parent or parents pursuant
to subdivision 8 or chapter 260D.
For purposes of this section, a residential facility means any group
home, family foster home or other publicly supported out-of-home residential
facility, including any out-of-home residential facility under contract with
the state, county or other political subdivision, or any agency thereof, to
provide those services or foster care as defined in section 260C.007,
subdivision 18.
(b) An out-of-home placement plan means a written document which is
prepared by the responsible social services agency jointly with the parent or
parents or guardian of the child and in consultation with the child's guardian
ad litem, the child's tribe, if the child is an Indian child, the child's
foster parent or representative of the residential facility, and, where
appropriate, the child. For a child in placement
due solely or in part to the child's emotional disturbance voluntary
foster care for treatment under chapter 260D, preparation of the
out-of-home placement plan shall
additionally include the child's mental health treatment provider. As appropriate, the plan shall be:
(1) submitted to the court for approval under section 260C.178,
subdivision 7;
(2) ordered by the court, either as presented or modified after
hearing, under section 260C.178, subdivision 7, or 260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the
child's guardian ad litem, a representative of the child's tribe, the
responsible social services agency, and, if possible, the child.
(c) The out-of-home placement plan shall be explained to all persons
involved in its implementation, including the child who has signed the plan,
and shall set forth:
(1) a description of the residential facility including how the
out-of-home placement plan is designed to achieve a safe placement for the
child in the least restrictive, most family-like, setting available which is in
close proximity to the home of the parent or parents or guardian of the child
when the case plan goal is reunification, and how the placement is consistent
with the best interests and special needs of the child according to the factors
under subdivision 2, paragraph (b);
(2) the specific reasons for the placement of the child in a
residential facility, and when reunification is the plan, a description of the
problems or conditions in the home of the parent or parents which necessitated
removal of the child from home and the changes the parent or parents must make
in order for the child to safely return home;
(3) a description of the services offered and provided to prevent
removal of the child from the home and to reunify the family including:
(i) the specific actions to be taken by the parent or parents of the
child to eliminate or correct the problems or conditions identified in clause
(2), and the time period during which the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian child, active
efforts to be made to achieve a safe and stable home for the child including
social and other supportive services to be provided or offered to the parent or
parents or guardian of the child, the child, and the residential facility
during the period the child is in the residential facility;
(4) a description of any services or resources that were requested by
the child or the child's parent, guardian, foster parent, or custodian since
the date of the child's placement in the residential facility, and whether
those services or resources were provided and if not, the basis for the denial
of the services or resources;
(5) the visitation plan for the parent or parents or guardian, other
relatives as defined in section 260C.007, subdivision 27, and siblings of the
child if the siblings are not placed together in the residential facility
foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in the residential facility
foster care;
(6) documentation of steps to finalize the adoption or legal
guardianship of the child if the court has issued an order terminating the
rights of both parents of the child or of the only known, living parent of the
child. At a minimum, the documentation
must include child-specific recruitment efforts such as relative search and the
use of state, regional, and national adoption exchanges to facilitate orderly
and timely placements in and outside of the state. A copy of this documentation shall be provided to the court in
the review required under section 260C.317, subdivision 3, paragraph (b);
(7) the health and educational records of the child including the most
recent information available regarding:
(i) the names and addresses of the child's health and educational
providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) assurances that the child's placement in foster care takes into
account proximity to the school in which the child is enrolled at the time of
placement;
(v) a record of the child's immunizations;
(vi) the child's known medical problems, including any known
communicable diseases, as defined in section 144.4172, subdivision 2;
(vii) the child's medications; and
(viii) any other relevant health and education information;
(8) an independent living plan for a child age 16 or older who is in
placement as a result of a permanency disposition. The plan should include, but not be limited to, the following
objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate, assisting the child
in obtaining a driver's license;
(iv) money management;
(v) planning for housing;
(vi) social and recreational skills; and
(vii) establishing and maintaining connections with the child's family
and community; and
(9) for a child in placement due solely or in part to the child's
emotional disturbance voluntary foster care for treatment under chapter
260D, diagnostic and assessment information, specific services relating to
meeting the mental health care needs of the child, and treatment outcomes.
(d) The parent or parents or guardian and the child each shall have the
right to legal counsel in the preparation of the case plan and shall be
informed of the right at the time of placement of the child. The child shall also have the right to a guardian
ad litem. If unable to employ counsel
from their own resources, the court shall appoint counsel upon the request of
the parent or parents or the child or the child's legal guardian. The parent or parents may also receive
assistance from any person or social services agency in preparation of the case
plan.
After the plan has been agreed upon by the parties involved or approved
or ordered by the court, the foster parents shall be fully informed of the
provisions of the case plan and shall be provided a copy of the plan.
Upon discharge from foster care, the parent, adoptive parent, or
permanent legal and physical custodian, as appropriate, and the child, if
appropriate, must be provided with a current copy of the child's health and
education record.
Sec. 38. Minnesota Statutes
2007 Supplement, section 260C.212, subdivision 4, is amended to read:
Subd. 4. Responsible social service agency's duties for children in placement. (a) When a child is in placement foster
care, the responsible social services agency shall make diligent efforts to
identify, locate, and, where appropriate, offer services to both parents of the
child.
(1) The responsible social services agency shall assess whether a
noncustodial or nonadjudicated parent is willing and capable of providing for
the day-to-day care of the child temporarily or permanently. An assessment under this clause may include,
but is not limited to, obtaining information under section 260C.209. If after assessment, the responsible social
services agency determines that a noncustodial or nonadjudicated parent is
willing
and capable of providing day-to-day care of the child, the responsible
social services agency may seek authority from the custodial parent or the
court to have that parent assume day-to-day care of the child. If a parent is not an adjudicated parent,
the responsible social services agency shall require the nonadjudicated parent
to cooperate with paternity establishment procedures as part of the case plan.
(2) If, after assessment, the responsible social services agency
determines that the child cannot be in the day-to-day care of either parent,
the agency shall:
(i) prepare an out-of-home placement plan addressing the conditions
that each parent must meet before the child can be in that parent's day-to-day
care; and
(ii) provide a parent who is the subject of a background study under
section 260C.209 15 days' notice that it intends to use the study to recommend
against putting the child with that parent, as well as the notice provided in
section 260C.209, subdivision 4, and the court shall afford the parent an
opportunity to be heard concerning the study.
The results of a background study of a noncustodial parent shall not be
used by the agency to determine that the parent is incapable of providing
day-to-day care of the child unless the agency reasonably believes that
placement of the child into the home of that parent would endanger the child's
health, safety, or welfare.
(3) If, after the provision of services following an out-of-home placement
plan under this section, the child cannot return to the care of the parent from
whom the child was removed or who had legal custody at the time the child was
placed in foster care, the agency may petition on behalf of a noncustodial
parent to establish legal custody with that parent under section 260C.201,
subdivision 11. If paternity has not
already been established, it may be established in the same proceeding in the
manner provided for under chapter 257.
(4) The responsible social services agency may be relieved of the
requirement to locate and offer services to both parents by the juvenile court
upon a finding of good cause after the filing of a petition under section
260C.141.
(b) The responsible social services agency shall give notice to the
parent or parents or guardian of each child in a residential facility
foster care, other than a child in placement due solely to that
child's developmental disability or emotional disturbance voluntary
foster care for treatment under chapter 260D, of the following information:
(1) that residential care of the child child's
placement in foster care may result in termination of parental rights or an
order permanently placing the child out of the custody of the parent, but only
after notice and a hearing as required under chapter 260C and the juvenile
court rules;
(2) time limits on the length of placement and of reunification
services, including the date on which the child is expected to be returned to
and safely maintained in the home of the parent or parents or placed for
adoption or otherwise permanently removed from the care of the parent by court
order;
(3) the nature of the services available to the parent;
(4) the consequences to the parent and the child if the parent fails or
is unable to use services to correct the circumstances that led to the child's
placement;
(5) the first consideration for placement with relatives;
(6) the benefit to the child in getting the child out of residential
foster care as soon as possible, preferably by returning the child home,
but if that is not possible, through a permanent legal placement of the child
away from the parent;
(7) when safe for the child, the benefits to the child and the parent
of maintaining visitation with the child as soon as possible in the course of
the case and, in any event, according to the visitation plan under this
section; and
(8) the financial responsibilities and obligations, if any, of the
parent or parents for the support of the child during the period the child is
in the residential facility foster care.
(c) The responsible social services agency shall inform a parent
considering voluntary placement of a child who is not developmentally
disabled or emotionally disturbed under subdivision 8, of the
following information:
(1) the parent and the child each has a right to separate legal counsel
before signing a voluntary placement agreement, but not to counsel appointed at
public expense;
(2) the parent is not required to agree to the voluntary placement, and
a parent who enters a voluntary placement agreement may at any time request
that the agency return the child. If
the parent so requests, the child must be returned within 24 hours of the
receipt of the request;
(3) evidence gathered during the time the child is voluntarily placed
may be used at a later time as the basis for a petition alleging that the child
is in need of protection or services or as the basis for a petition seeking
termination of parental rights or other permanent placement of the child away
from the parent;
(4) if the responsible social services agency files a petition alleging
that the child is in need of protection or services or a petition seeking the
termination of parental rights or other permanent placement of the child away
from the parent, the parent would have the right to appointment of separate
legal counsel and the child would have a right to the appointment of counsel
and a guardian ad litem as provided by law, and that counsel will be appointed
at public expense if they are unable to afford counsel; and
(5) the timelines and procedures for review of voluntary placements
under subdivision 3, and the effect the time spent in voluntary placement on
the scheduling of a permanent placement determination hearing under section
260C.201, subdivision 11.
(d) When an agency accepts a child for placement, the agency shall
determine whether the child has had a physical examination by or under the
direction of a licensed physician within the 12 months immediately preceding
the date when the child came into the agency's care. If there is documentation that the child has had an examination
within the last 12 months, the agency is responsible for seeing that the child
has another physical examination within one year of the documented examination
and annually in subsequent years. If
the agency determines that the child has not had a physical examination within
the 12 months immediately preceding placement, the agency shall ensure that the
child has an examination within 30 days of coming into the agency's care and once
a year in subsequent years.
(e) Whether under state guardianship or not, if a child leaves
foster care by reason of having attained the age of majority under state law,
the child must be given at no cost a copy of the child's health social
and medical history, as defined in section 259.43, and education report.
Sec. 39. Minnesota Statutes
2006, section 260C.212, is amended by adding a subdivision to read:
Subd. 4a. Monthly caseworker visits with children in foster care. (a) Every child in foster care or on a
trial home visit shall be visited by the child's caseworker on a monthly basis,
with the majority of visits occurring in the child's residence. For the purposes of this section, the
following definitions apply:
(1) "visit" is defined as a face-to-face contact between a
child and the child's caseworker;
(2) "visited on a monthly basis" is defined as at least one
visit per calendar month;
(3) "the child's caseworker" is defined as the person who has
responsibility for managing the child's foster care placement case as assigned
by the responsible social service agency; and
(4) "the child's residence" is defined as the home where the
child is residing, and can include the foster home, child care institution, or
the home from which the child was removed if the child is on a trial home
visit.
(b) Caseworker visits shall be of sufficient substance and duration to
address issues pertinent to case planning and service delivery to ensure the
safety, permanency, and well-being of the child.
Sec. 40. Minnesota Statutes
2006, section 260C.212, subdivision 7, is amended to read:
Subd. 7. Administrative or court review of placements. (a) There shall be an administrative review
of the out-of-home placement plan of each child placed in a residential
facility foster care no later than 180 days after the initial
placement of the child in a residential facility foster care and
at least every six months thereafter if the child is not returned to the home
of the parent or parents within that time.
The out-of-home placement plan must be monitored and updated at each
administrative review. The
administrative review shall be conducted by the responsible social services
agency using a panel of appropriate persons at least one of whom is not
responsible for the case management of, or the delivery of services to, either
the child or the parents who are the subject of the review. The administrative review shall be open to
participation by the parent or guardian of the child and the child, as
appropriate.
(b) As
an alternative to the administrative review required in paragraph (a), the
social services agency responsible for the placement may bring a petition as
provided in section 260C.141, subdivision 2, to the court for review of
the foster care to determine if placement is in the best interests of the
child. This petition must be brought to
the court in order for a court determination to be made regarding the best
interests of the child within the applicable six months and is not in lieu of
the requirements contained in subdivision 3 or 4. may, as part of any
hearing required under the Minnesota Rules of Juvenile Protection Procedure,
conduct a hearing to monitor and update the out-of-home placement plan pursuant
to the procedure and standard in section 260C.201, subdivision 6, paragraph
(d). The party requesting review of the
out-of-home placement plan shall give parties to the proceeding notice of the
request to review and update the out-of-home placement plan. A court review conducted pursuant to
section 260C.193; 260C.201, subdivision 1 or 11, or section;
260C.141, subdivision 2, or 2a, clause (2); or 260C.317 shall
satisfy the requirement for an administrative the review so long
as the other requirements of this section are met.
(b)
(c) At the review required under paragraph (a), the reviewing
administrative body As appropriate to the stage of the proceedings and
relevant court orders, the responsible social services agency or the court
shall review:
(1) the safety, permanency needs, and well-being of the child;
(2) the continuing necessity for and appropriateness of the placement;
(3) the extent of compliance with the out-of-home placement plan;
(4) where appropriate, the extent of progress which has been
made toward alleviating or mitigating the causes necessitating placement in a
residential facility foster care;
(5) where appropriate, the projected date by which the child may
be returned to and safely maintained in the home or placed permanently away
from the care of the parent or parents or guardian; and
(6) the appropriateness of the services provided to the child.
(d) When a child is age 16 or older, in addition to any administrative
review conducted by the agency, at the review required under section 260C.201,
subdivision 11, paragraph (d), clause (3), item (iii); or 260C.317, subdivision
3, clause (3), the court shall review the independent living plan required
under subdivision 1, paragraph (c), clause (8), and the provision of services
to the child related to the well-being of the child as the child prepares to
leave foster care. The review shall
include the actual plans related to each item in the plan necessary to the
child's future safety and well-being when the child is no longer in foster
care.
(1) At the court review, the responsible social services agency shall
establish that it has given the notice required under Minnesota Rules, part
9560.0060, regarding the right to continued access to services for certain
children in foster care past age 18 and of the right to appeal a denial of
social services under section 256.245.
If the agency is unable to establish that the notice, including the
right to appeal a denial of social services, has been given, the court shall
require the agency to give it.
(2) The court shall make findings regarding progress toward or
accomplishment of the following goals:
(i) the child has obtained a high school diploma or its equivalent;
(ii) the child has completed a driver's education course or has
demonstrated the ability to use public transportation in the child's community;
(iii) the child is employed or enrolled in postsecondary education;
(iv) the child has applied for and obtained postsecondary education
financial aid for which the child is eligible;
(v) the child has health care coverage and health care providers to
meet the child's physical and mental health needs;
(vi) the child has applied for and obtained disability income
assistance for which the child is eligible;
(vii) the child has obtained affordable housing with necessary
supports, which does not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the first
month's rent and a damage deposit;
(ix) the child has an alternative affordable housing plan, which does
not include a homeless shelter, if the original housing plan is unworkable;
(x) the child, if male, has registered for the Selective Service; and
(xi) the child has a permanent connection to a caring adult.
(3) The court shall ensure that the responsible agency in conjunction
with the placement provider assists the child in obtaining the following
documents prior to the child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, green card, or school visa; the
child's school, medical, and dental records; a contact list of the child's
medical, dental, and mental health providers; and contact information for the
child's siblings, if the siblings are in foster care.
Sec. 41. Minnesota Statutes
2006, section 260C.212, subdivision 8, is amended to read:
Subd. 8. Review of Voluntary placements foster care; required
court review. Except for a
child in placement due solely to the child's developmental disability or
emotional disturbance, if When the responsible social services agency
and the child's parent or guardian agree that the child's safety, health, and
best interests require that the child be in foster care, the agency and the
parent or guardian may enter into a voluntary agreement for the placement of
the child in foster care. The voluntary
agreement must be in writing and in a form approved by the commissioner. When the child has been placed in a
residential facility foster care pursuant to a voluntary release
by foster care agreement between the agency and the parent or
parents, under this subdivision and the child is not returned
home within 90 days after initial placement in the residential facility
foster care, the social services agency responsible for the child's
placement in foster care shall:
(1) return the child to the home of the parent or parents; or
(2) file a petition according to section 260C.141, subdivision 1 or 2,
which may:
(i) ask the court to review the child's placement in foster
care and approve it as continued voluntary foster care for up to an
additional 90 days;
(ii) ask the court to order continued out-of-home placement foster
care according to sections 260C.178 and 260C.201; or
(iii) ask the court to terminate parental rights under section
260C.301.
The out-of-home placement plan must be updated and filed along with the
petition.
If the court approves continued out-of-home placement continuing
the child in foster care for up to 90 more days on a voluntary basis,
at the end of the court-approved 90-day period, the child must be returned to
the parent's home. If the child is not
returned home, the responsible social services agency must proceed on the
petition filed alleging the child in need of protection or services or the
petition for termination of parental rights or other permanent placement of the
child away from the parent. The court
must find a statutory basis to order the placement of the child under section
260C.178; 260C.201; or 260C.317.
Sec. 42. Minnesota Statutes
2006, section 260C.325, subdivision 1, is amended to read:
Subdivision 1. Transfer of custody. (a) If the court terminates parental
rights of both parents or of the only known living parent, the court shall
order the guardianship and the legal custody of the child transferred to:
(a)
(1) the
commissioner of human services; or
(b)
(2) a
licensed child-placing agency; or
(c)
(3) an individual who is willing and capable of assuming the appropriate
duties and responsibilities to the child.
(b) The court shall order transfer of guardianship and legal custody of
a child to the commissioner of human services only when the responsible county
social services agency had legal responsibility for planning for the permanent
placement of the child and the child was in foster care under the legal
responsibility of the responsible county social services agency at the time the
court orders guardianship and legal custody transferred to the commissioner.
Sec. 43. Minnesota Statutes
2006, section 260C.325, subdivision 3, is amended to read:
Subd. 3. Both parents deceased. (a)
If upon petition to the juvenile court by a reputable person, including but
not limited to an agent of the commissioner of human services, and upon hearing
in the manner provided in section 260C.163, the court finds that both parents or
the only known legal parent are or is deceased and no appointment
has been made or petition for appointment filed pursuant to sections 524.5-201
to 524.5-317, the court shall order the guardianship and legal custody of the
child transferred to:
(a)
(1) the commissioner of human services;
(b)
(2) a licensed child-placing agency; or
(c)
(3) an individual who is willing and capable of assuming the appropriate
duties and responsibilities to the child.
(b) The court shall order transfer of guardianship and legal custody of
a child to the commissioner of human services only if there is no individual
who is willing and capable of assuming the appropriate duties and
responsibilities to the child.
Sec. 44. [260D.001] CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
(a) Sections 260D.001 to 260D.301, may be cited as the "child in
voluntary foster care for treatment" provisions of the Juvenile Court Act.
(b) The juvenile court has original and exclusive jurisdiction over a
child in voluntary foster care for treatment upon the filing of a report or
petition required under this chapter.
All obligations of the agency to a child and family in foster care
contained in chapter 260C not inconsistent with this chapter are also
obligations of the agency with regard to a child in foster care for treatment
under this chapter.
(c) This chapter shall be construed consistently with the mission of
the children's mental health service system as set out in section 245.487,
subdivision 3, and the duties of an agency under section 256B.092, and Minnesota
Rules, parts 9525.0004 to 9525.0016, to meet the needs of a child with a
developmental disability or related condition.
This chapter:
(1) establishes voluntary foster care through a voluntary foster care
agreement as the means for an agency and a parent to provide needed treatment
when the child must be in foster care to receive necessary treatment for an
emotional disturbance or developmental disability or related condition;
(2) establishes court review requirements for a child in voluntary
foster care for treatment due to emotional disturbance or developmental
disability or a related condition;
(3) establishes the ongoing responsibility of the parent as legal
custodian to visit the child, to plan together with the agency for the child's
treatment needs, to be available and accessible to the agency to make treatment
decisions, and to obtain necessary medical, dental, and other care for the
child; and
(4) applies to voluntary foster care when the child's parent and the
agency agree that the child's treatment needs require foster care either:
(i) due to a level of care determination by the agency's screening team
informed by the diagnostic and functional assessment under section 245.4885; or
(ii) due to a determination regarding the level of services needed by
the responsible social services' screening team under section 256B.092, and
Minnesota Rules, parts 9525.0004 to 9525.0016.
(d) This chapter does not apply when there is a current determination
under section 626.556 that the child requires child protective services or when
the child is in foster care for any reason other than treatment for the child's
emotional disturbance or developmental disability or related condition. When there is a determination under section
626.556 that the child requires child protective services based on an
assessment that there are safety and risk issues for the child that have not
been mitigated through the parent's engagement in services or otherwise, or
when the child is in foster care for any reason other than the child's
emotional disturbance or developmental disability or related condition, the
provisions of chapter 260C apply.
(e) The paramount consideration in all proceedings concerning a child
in voluntary foster care for treatment is the safety, health, and the best
interests of the child. The purpose of
this chapter is:
(1) to ensure a child with a disability is provided the services
necessary to treat or ameliorate the symptoms of the child's disability;
(2) to preserve and strengthen the child's family ties whenever
possible and in the child's best interests, approving the child's placement
away from the child's parents only when the child's need for care or treatment
requires it and the child cannot be maintained in the home of the parent; and
(3) to ensure the child's parent retains legal custody of the child and
associated decision-making authority unless the child's parent willfully fails
or is unable to make decisions that meet the child's safety, health, and best
interests. The court may not find that
the parent willfully fails or is unable to make decisions that meet the child's
needs solely because the parent disagrees with the agency's choice of foster
care facility, unless the agency files a petition under chapter 260C, and
establishes by clear and convincing evidence that the child is in need of
protection or services.
(f) The legal parent-child relationship shall be supported under this
chapter by maintaining the parent's legal authority and responsibility for
ongoing planning for the child and by the agency's assisting the parent, where
necessary, to exercise the parent's ongoing right and obligation to visit or to
have reasonable contact with the child.
Ongoing planning means:
(1) actively participating in the planning and provision of educational
services, medical, and dental care for the child;
(2) actively planning and participating with the agency and the foster
care facility for the child's treatment needs; and
(3) planning to meet the child's need for safety, stability, and
permanency, and the child's need to stay connected to the child's family and
community.
(g) The provisions of section 260.012 to ensure placement prevention,
family reunification, and all active and reasonable effort requirements of that
section apply. This chapter shall be
construed consistently with the requirements of the Indian Child Welfare Act of
1978, United States Code, title 25, section 1901, et. al., and the provisions
of the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
Sec. 45. [260D.005] DEFINITIONS.
Subdivision 1. Definitions. The
definitions in this section supplement the definitions in section
260C.007. The definitions in section
260C.007 apply to this chapter and have the same meaning for purposes of this
chapter as for chapter 260C.
Subd. 2. Agency. "Agency"
means the responsible social services agency or a licensed child-placing
agency.
Subd. 3. Case plan. "Case
plan" means any plan for the delivery of services to a child and parent,
or when reunification is not required, the child alone, that is developed
according to the requirements of sections 245.4871, subdivision 19 or 21;
245.492, subdivision 16; 256B.092; 260C.212, subdivision 1; 626.556,
subdivision 10; and Minnesota Rules, parts 9525.0004 to 9525.0016.
Subd. 4. Child. "Child"
means an individual under 18 years of age.
Subd. 5. Child in voluntary foster care for treatment. "Child in voluntary foster care for
treatment" means a child who is emotionally disturbed or developmentally
disabled or has a related condition and is in foster care under a voluntary
foster care agreement between the child's parent and the agency due to
concurrence between the agency and the parent that the child's level of care
requires placement in foster care either:
(1) due to a determination by the agency's screening team based on its
review of the diagnostic and functional assessment under section 245.4885; or
(2) due to a determination by the agency's screening team under section
256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016.
A child is not in voluntary foster care for treatment under this
chapter when there is a current determination under section 626.556 that the
child requires child protective services or when the child is in foster care
for any reason other than the child's emotional or developmental disability or
related condition.
Subd. 6. Compelling reasons. "Compelling
reasons" has the same meaning given in section 260C.007, subdivision
8. The agency may determine compelling
reasons when the child is in foster care for treatment and no grounds to
terminate parental rights exist because the child must be in placement to
access treatment, the child's individual treatment needs cannot be met in the
childs' home or through community-based care, and the parent continues to be
responsible for planning together with the agency for the child's needs and
maintains appropriate contact with the child.
Subd. 7. Court. "Court"
means juvenile court unless otherwise specified in this section.
Subd. 8. Development disability.
"Developmental disability" means developmental disability
as defined in United States Code, title 42, section 6001(8).
Subd. 9. Emotionally disturbed or emotional disturbance. "Emotionally disturbed" or
"emotional disturbance" means emotional disturbance as described in
section 245.4871, subdivision 15.
Subd. 10. Foster care. "Foster
care" means 24-hour substitute care for children placed away from their
parents and for whom an agency has placement and care responsibility. Foster care includes, but is not limited to,
placement in foster family homes, foster homes of relatives, group homes,
emergency shelters, residential facilities not excluded in this subdivision,
child care institutions, and preadoptive homes. A child is in foster care under this definition, regardless of
whether the facility is licensed and payments are made for the cost of
care. Nothing in this definition
creates any authority to place a child in a home or facility that is required
to be licensed that is not licensed.
Foster care does not include placement in any of the following
facilities: hospitals, inpatient
chemical dependency treatment facilities, facilities that are primarily for
delinquent children, any corrections facility or program within a particular
corrections facility not meeting requirements for Title IV-E facilities as
determined by the commissioner, facilities to which a child is committed under
the provision of chapter 253B, forestry camps, or jails.
Subd. 11. Legal authority to place the child. "Legal authority to place the
child" means the agency has legal responsibility for the care and control
of the child while the child is in foster care. The agency may acquire legal authority to place a child through a
voluntary placement agreement between the agency and the child's parent under
this chapter. Legal authority to place
the child does not mean the agency has authority to make major life decisions
regarding the child, including major medical decisions. A parent with legal custody of the child
continues to have legal authority to make major life decisions regarding the
child, including major medical decisions.
Subd. 12. Minor. "Minor"
means an individual under 18 years of age.
Subd. 13. Parent. "Parent"
means the birth or adoptive parent of a minor.
Parent also means the child's legal guardian or any individual who has
legal authority to make decisions and plans for the child. For an Indian child, parent includes any
Indian person who has adopted a child by tribal law or custom, as provided in
section 260.755, subdivision 14.
Subd. 14. Reasonable efforts to finalize a permanent plan for the child. "Reasonable efforts to finalize a
permanent plan for the child" has the same meaning under this chapter as
provided in section 260.012, paragraph (e).
Sec. 46. [260D.101] VOLUNTARY FOSTER CARE.
Subdivision 1. Voluntary foster care.
When the agency's screening team, based upon the diagnostic and
functional assessment under section 245.4885 or 256B.092, subdivision 7,
determines the child's need for treatment due to emotional disturbance or
developmental disability or related condition requires foster care placement of
the child, a voluntary foster care agreement between the child's parent and the
agency gives the agency legal authority to place the child in foster care.
Subd. 2. Voluntary foster care agreement. A voluntary foster care agreement shall be used to provide the
agency the legal authority to place a child in foster care for treatment due to
the child's disability. The agreement
must be in writing and signed by both the child's parent and the agency. The agreement must be in a form approved by
the commissioner of human services, and shall contain notice to parents of the
consequences to the parent and to the child of being in voluntary foster care.
Sec. 47. [260D.102] REQUIRED INFORMATION FOR A CHILD IN VOLUNTARY FOSTER CARE
FOR TREATMENT.
An agency with authority to place a child in voluntary foster care for
treatment due to emotional disturbance or developmental disability or related
condition, shall inform the child, age 12 or older, of the following:
(1) the child has the right to be consulted in the preparation of the
out-of-home placement plan required under section 260C.212, subdivision 1, and
the administrative review required under section 260C.212, subdivision 7;
(2) the child has the right to visit the parent and the right to visit
the child's siblings as determined safe and appropriate by the parent and the
agency;
(3) if the child disagrees with the foster care facility or services
provided under the out-of-home placement plan required under section 260C.212,
subdivision 1, the agency shall include information about the nature of the
child's disagreement and, to the extent possible, the agency's understanding of
the basis of the child's disagreement in the information provided to the court
in the report required under section 260D.105; and
(4) the child has the rights established under Minnesota Rules, part
2960.0050, as a resident of a facility licensed by the state.
Sec. 48. [260D.103] ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY FOSTER CARE
FOR TREATMENT.
The administrative reviews required under section 260C.212, subdivision
7, must be conducted for a child in voluntary foster care for treatment, except
that the initial administrative review must take place prior to the submission
of the report to the court required under section 260D.105, subdivision 2.
Sec. 49. [260D.105] AGENCY REPORT TO THE COURT AND COURT REVIEW OF CHILD IN
VOLUNTARY FOSTER CARE FOR TREATMENT DUE TO DISABILITY.
Subdivision 1. Judicial review. In
the case of a child in voluntary foster care for treatment due to disability
under section 260D.101, the agency shall obtain judicial review of the child's
voluntary foster care placement within 165 days of the placement.
Subd. 2. Agency report to court; court review. The agency shall obtain judicial review
by reporting to the court according to the following procedures:
(a) A written report shall be forwarded to the court within 165 days of
the date of the voluntary placement agreement.
The written report shall contain or have attached:
(1) a statement of facts that necessitate the child's foster care
placement;
(2) the child's name, date of birth, race, gender, and current address;
(3) the names, race, date of birth, residence, and post office
addresses of the child's parents or legal custodian;
(4) a statement regarding the child's eligibility for membership or
enrollment in an Indian tribe and the agency's compliance with applicable
provisions of sections 260.751 to 260.835;
(5) the names and addresses of the foster parents or chief
administrator of the facility in which the child is placed, if the child is not
in a family foster home or group home;
(6) a copy of the out-of-home placement plan required under section
260C.212, subdivision 1;
(7) a written summary of the proceedings of any administrative review
required under section 260C.212, subdivision 7; and
(8) any other information the agency, parent or legal custodian, the
child or the foster parent, or other residential facility wants the court to
consider.
(b) In the case of a child in placement due to emotional disturbance,
the written report shall include as an attachment, the child's individual
treatment plan developed by the child's treatment professional, as provided in
section 245.4871, subdivision 21, or the child's individual interagency
intervention plan, as provided in section 125A.023, subdivision 3, paragraph
(c).
(c) In the case of a child in placement due to developmental disability
or a related condition, the written report shall include as an attachment, the
child's individual service plan, as provided in section 256B.092, subdivision
1b; the child's individual program plan, as provided in Minnesota Rules, part
9525.0004, subpart 11; the child's waiver care plan; or the child's individual
interagency intervention plan, as provided in section 125A.023, subdivision 3,
paragraph (c).
(d) The agency must inform the child, age 12 or older, the child's
parent, and the foster parent or foster care facility of the reporting and
court review requirements of this section and of their right to submit
information to the court:
(1) if the child or the child's parent or the foster care provider
wants to send information to the court, the agency shall advise those persons
of the reporting date and the date by which the agency must receive the
information they want forwarded to the court so the agency is timely able
submit it with the agency's report required under this subdivision;
(2) the agency must also inform the child, age 12 or older, the child's
parent, and the foster care facility that they have the right to be heard in
person by the court and how to exercise that right;
(3) the agency must also inform the child, age 12 or older, the child's
parent, and the foster care provider that an in-court hearing will be held if
requested by the child, the parent, or the foster care provider; and
(4) if, at the time required for the report under this section, a child,
age 12 or older, disagrees about the foster care facility or services provided
under the out-of-home placement plan required under section 260C.212,
subdivision 1, the agency shall include information regarding the child's
disagreement, and to the extent possible, the basis for the child's
disagreement in the report required under this section.
(e) After receiving the required report, the court has jurisdiction to
make the following determinations and must do so within ten days of receiving
the forwarded report, whether a hearing is requested:
(1) whether the voluntary foster care arrangement is in the child's
best interests;
(2) whether the parent and agency are appropriately planning for the
child; and
(3) in the case of a child age 12 or older, who disagrees with the
foster care facility or services provided under the out-of-home placement plan,
whether it is appropriate to appoint counsel and a guardian ad litem for the
child using standards and procedures under section 260C.163.
(f) Unless requested by a parent, representative of the foster care
facility, or the child, no in-court hearing is required in order for the court
to make findings and issue an order as required in paragraph (e).
(g) If the court finds the voluntary foster care arrangement is in the
child's best interests and that the agency and parent are appropriately
planning for the child, the court shall issue an order containing explicit,
individualized findings to support its determination. The individualized findings shall be based on the agency's
written report and other materials submitted to the court. The court may make this determination
notwithstanding the child's disagreement, if any, reported under paragraph (d).
(h) The court shall send a copy of the order to the county attorney,
the agency, parent, child, age 12 or older, and the foster parent or foster
care facility.
(i) The court shall also send the parent, the child, age 12 or older,
the foster parent, or representative of the foster care facility notice of the
permanency review hearing required under section 260D.107, paragraph (e).
(j) If the court finds continuing the voluntary foster care arrangement
is not in the child's best interests or that the agency or the parent are not
appropriately planning for the child, the court shall notify the agency, the
parent, the foster parent or foster care facility, the child, age 12 or older,
and the county attorney of the court's determinations and the basis for the
court's determinations. In this case,
the court shall set the matter for hearing and appoint a guardian ad litem for
the child under section 260C.163, subdivision 5.
Sec. 50. [260D.107] REQUIRED PERMANENCY REVIEW HEARING.
(a) When the court has found that the voluntary arrangement is in the
child's best interests and that the agency and parent are appropriately
planning for the child pursuant to the report submitted under section 260D.105,
and the child continues in voluntary foster care as defined in section
260D.005, subdivision 10, for 13 months from the date of the voluntary foster
care agreement, or has been in placement for 15 of the last 22 months, the
agency must:
(1) terminate the voluntary foster care agreement and return the child
home; or
(2) determine whether there are compelling reasons to continue the
voluntary foster care arrangement and, if the agency determines there are
compelling reasons, seek judicial approval of its determination; or
(3) file a petition for the termination of parental rights.
(b) When the agency is asking for the court's approval of its
determination that there are compelling reasons to continue the child in the
voluntary foster care arrangement, the agency shall file a "Petition for
Permanency Review Regarding a Child in Voluntary Foster Care for Treatment"
and ask the court to proceed under this section.
(c) The "Petition for Permanency Review Regarding a Child in
Voluntary Foster Care for Treatment" shall be drafted or approved by the
county attorney and be under oath. The
petition shall include:
(1) the date of the voluntary placement agreement;
(2) whether the petition is due to the child's developmental disability
or emotional disturbance;
(3) the plan for the ongoing care of the child and the parent's
participation in the plan;
(4) a description of the parent's visitation and contact with the
child;
(5) the date of the court finding that the foster care placement was in
the best interests of the child, if required under section 260D.105, or the
date the agency filed the motion under section 260D.201, paragraph (b);
(6) the agency's reasonable efforts to finalize the permanent plan for
the child, including returning the child to the care of the child's family; and
(7) a citation to this chapter as the basis for the petition.
(d) An updated copy of the out-of-home placement plan required under
section 260C.212, subdivision 1, shall be filed with the petition.
(e) The court shall set the date for the permanency review hearing no
later than 14 months after the child has been in placement or within 30 days of
the petition filing date when the child has been in placement 15 of the last 22
months. The court shall serve the
petition together with a notice of hearing by United States mail on the parent,
the child age 12 or older, the child's guardian ad litem, if one has been
appointed, the agency, the county attorney, and counsel for any party.
(f) The court shall conduct the permanency review hearing on the
petition no later than 14 months after the date of the voluntary placement
agreement, within 30 days of the filing of the petition when the child has been
in placement 15 days of the last 22 months, or within 15 days of a motion to
terminate jurisdiction and to dismiss an order for foster care under chapter
260C, as provided in section 260D.201, paragraph (b).
(g) At the permanency review hearing, the court shall:
(1) inquire of the parent if the parent has reviewed the "Petition
for Permanency Review Regarding a Child in Voluntary Foster Care for
Treatment," whether the petition is accurate, and whether the parent
agrees to the continued voluntary foster care arrangement as being in the
child's best interests;
(2) inquire of the parent if the parent is satisfied with the agency's
reasonable efforts to finalize the permanent plan for the child, including
whether there are services available and accessible to the parent that might
allow the child to safely be with the child's family;
(3) inquire of the parent if the parent consents to the court entering
an order that:
(i) approves the responsible agency's reasonable efforts to finalize
the permanent plan for the child, which includes ongoing future planning for
the safety, health, and best interests of the child; and
(ii) approves the responsible agency's determination that there are
compelling reasons why the continued voluntary foster care arrangement is in
the child's best interests; and
(4) inquire of the child's guardian ad litem and any other party
whether the guardian or the party agrees that:
(i) the court should approve the responsible agency's reasonable
efforts to finalize the permanent plan for the child, which includes ongoing
and future planning for the safety, health, and best interests of the child;
and
(ii) the court should approve of the responsible agency's determination
that there are compelling reasons why the continued voluntary foster care
arrangement is in the child's best interests.
(h) At a permanency review hearing under this section, the court may
take the following actions based on the contents of the sworn petition and the
consent of the parent:
(1) approve the agency's compelling reasons that the voluntary foster
care arrangement is in the best interests of the child; and
(2) find that the agency has made reasonable efforts to finalize a plan
for the permanent plan for the child.
(i) A child, age 12 or older, may object to the agency's request that
the court approve its compelling reasons for the continued voluntary
arrangement and may be heard on the reasons for the objection. Notwithstanding the child's objection, the
court may approve the agency's compelling reasons and the voluntary
arrangement.
(j) If the court does not approve the voluntary arrangement after
hearing from the child or the child's guardian ad litem, the court shall
dismiss the petition. In this case, either:
(1) the child must be returned to the care of the parent; or
(2) the agency must file a petition under section 260C.141, asking for
appropriate relief under section 260C.201, subdivision 11, or 260C.301.
(k) When the court approves the agency's compelling reasons for the
child to continue in voluntary foster care for treatment, and finds that the
agency has made reasonable efforts to finalize a permanent plan for the child,
the court shall approve the continued voluntary foster care arrangement, and
continue the matter under the court's jurisdiction for the purposes of
reviewing the child's placement every 12 months while the child is in foster
care.
(l) A finding that the court approves the continued voluntary placement
means the agency has continued legal authority to place the child while a
voluntary placement agreement remains in effect. The parent or the agency may terminate a voluntary agreement as
provided in section 260D.301.
Termination of a voluntary foster care placement of an Indian child is
governed by section 260.765, subdivision 4.
Sec. 51. [260D.109] ANNUAL REVIEW.
(a) After the court conducts a permanency review hearing under section
260D.107, the matter must be returned to the court for further review of the
child's foster care placement at least every 12 months while the child is in
foster care. The court shall give
notice to the parent and child, age 12 or older, and the foster parents of the
continued review requirements under this section at the permanency review
hearing.
(b) Every 12 months, the court shall determine whether the agency made
reasonable efforts to finalize the permanency plan for the child, which means
the exercise of due diligence by the agency to:
(1) ensure that the agreement for voluntary foster care is the most
appropriate legal arrangement to meet the child's safety, health, and best
interests;
(2) engage and support the parent in continued involvement in planning
and decision making for the needs of the child;
(3) strengthen the child's ties to the parent, relatives, and
community;
(4) implement the out-of-home placement plan required under section
260C.212, subdivision 1, and ensure that the plan requires the provision of
appropriate services to address the physical health, mental health, and educational
needs of the child; and
(5) ensure appropriate planning for the child's safe, permanent, and
independent living arrangement after the child's 18th birthday.
Sec. 52. [260D.201] PERMANENCY REVIEW AFTER ADJUDICATION UNDER CHAPTER 260C.
(a) If a child has been ordered into foster care under section 260C.178
or 260C.201, subdivision 1, and the conditions that led to the court's order
have been corrected so that the child could safely return home except for the
child's need to continue in foster care for treatment due to the child's
disability, the child's parent and the agency may enter into a voluntary foster
care agreement under this chapter using the procedure set out in paragraph (b).
(b) When the agency and the parent agree to enter into a voluntary
foster care agreement under this chapter, the agency must file a motion to
terminate jurisdiction under section 260C.193, subdivision 6, and to dismiss
the order for foster care under section 260C.178 or 260C.201, subdivision 1,
together with the petition required under section 260D.107, paragraph (b), for
permanency review and the court's approval of the voluntary arrangement.
(c) The court shall send the motion and the petition filed under
subdivision 2 together with a notice of hearing by mail as required in section
260D.107, paragraph (e).
(d) The petition and motion under this section must be filed no later
than the time the agency is required to file a petition for permanent placement
under section 260C.201, subdivision 11, but may be filed as soon as the agency
and the parent agree that the child should remain in foster care under a
voluntary foster care agreement, because the child needs treatment and
voluntary foster care is in the child's best interest.
(e) In order for the agency to have continuous legal authority to place
the child, the parent and the agency must execute a voluntary foster care
agreement for the child's continuation in foster care for treatment prior to
the termination of the order for foster care under section 260C.178 or
260C.201, subdivision 1. The parent and
agency may execute the voluntary foster care agreement at or before the
permanency review hearing required under this section. The voluntary foster care agreement shall
not be effective until the court terminates jurisdiction under section
260C.193, subdivision 6, and dismisses the order for foster care under section
260C.178 or 260C.201, subdivision 1.
Unless the agency and the parent execute a voluntary placement agreement
for the child to continue in voluntary foster care for treatment, the agency
shall not have legal authority to place the child after the court terminates
jurisdiction under chapter 260C.
Sec. 53. [260D.301] TERMINATION OF VOLUNTARY PLACEMENT AGREEMENT.
(a) The child's parent may terminate a voluntary placement agreement
under this chapter upon written notice to the agency of the termination of the
agreement. The termination of a
voluntary foster care agreement regarding an Indian child shall be governed by
section 260.765, subdivision 4.
(b) The agency may terminate a voluntary placement agreement under this
section upon written notice of the termination of the agreement to the
parent. Prior to sending notice of
termination of the voluntary foster care placement agreement, the agency shall
contact the parent regarding transition planning under paragraph (e). Written notice by the agency shall be
considered received by the parent three business days after mailing by the
agency.
(c) Upon receipt of notice of the termination of the voluntary foster
care agreement, the agency, the parent, and the facility may agree to a time
that the child shall return home. The
scheduled time to return home shall meet the child's need for safety and
reasonable transition. Unless otherwise
agreed by the parent and the agency, the child's return home shall not occur
sooner than 72 hours and not later than 30 days after written notice of
termination is received or sent by the agency.
(d) A parent who disagrees with the termination of a voluntary foster
care agreement by the agency under this chapter has the right to a fair hearing
under section 256.045 to appeal the termination of the voluntary foster care
agreement. When the agency gives
written notice to the parent of the termination of the agreement, the agency
must also give the parent notice of the parent's right to a fair hearing under
section 256.045 to appeal the agency's decision to terminate the voluntary
foster care agreement.
(e) The agency and the child's parents shall engage in transition
planning for the child's return home, including establishing a scheduled time
for the child to return home, an increased visitation plan between the parent
and child, and a plan for what services will be provided and in place upon the
child's return home.
(f) Notice of termination of voluntary foster care agreement does not
terminate the agreement. The voluntary
foster care agreement and the agency's legal authority to place the child are
terminated by the child's return home or by court order.
Sec. 54. Minnesota Statutes
2006, section 524.2-114, is amended to read:
524.2-114 MEANING OF CHILD
AND RELATED TERMS.
If, for purposes of intestate succession, a relationship of parent and
child must be established to determine succession by, through, or from a person:
(1) An adopted person child is the child of an adopting
parent and not of the birth parents except that adoption of a child by the
spouse of a birth parent has no effect on the relationship between the child
and that birth parent. If a parent dies
and a child is subsequently adopted by a stepparent who is the spouse of a
surviving parent, any rights of inheritance of the child or the child's
descendant from or through the deceased parent of the child which exist at the
time of the death of that parent shall not be affected by the adoption.
(2) In cases not covered by clause (1), a person is the child of the
person's parents regardless of the marital status of the parents and the parent
and child relationship may be established under the Parentage Act, sections
257.51 to 257.74.
Sec. 55. Minnesota Statutes
2006, section 626.556, subdivision 7, is amended to read:
Subd. 7. Report. An oral report
shall be made immediately by telephone or otherwise. An oral report made by a person required under subdivision 3 to
report shall be followed within 72 hours, exclusive of weekends and holidays,
by a report in writing to the appropriate police department, the county
sheriff, the agency responsible for assessing or investigating the report, or
the local welfare agency, unless the appropriate agency has informed the
reporter that the oral information does not constitute a report under
subdivision 10. The local welfare
agency shall determine if the report is accepted for an assessment or
investigation as soon as possible but in no event longer than 24 hours after
the report is received. Any report
shall be of sufficient content to identify the child, any person believed to be
responsible for the abuse or neglect of the child if the person is known, the
nature and extent of the abuse or neglect and the name and address of the
reporter. If requested, the local
welfare agency or the agency responsible for assessing or investigating the
report shall inform the reporter within ten days after the report is made, either
orally or in writing, whether the report was accepted for assessment or
investigation. Written reports received
by a police department or the county sheriff shall be forwarded immediately to
the local welfare agency or the agency responsible for assessing or
investigating the report. The police
department or the county sheriff may keep copies of reports received by
them. Copies of written reports
received by a local welfare department or the agency responsible for assessing
or investigating the report shall be forwarded immediately to the local police
department or the county sheriff.
A written copy of a report maintained by personnel of agencies, other
than welfare or law enforcement agencies, which are subject to chapter 13 shall
be confidential. An individual subject
of the report may obtain access to the original report as provided by
subdivision 11.
Sec. 56. Minnesota Statutes
2007 Supplement, section 626.556, subdivision 10a, is amended to read:
Subd. 10a. Law enforcement agency responsibility for investigation; welfare agency
reliance on law enforcement fact-finding; welfare agency offer of services. (a) If the report alleges neglect, physical
abuse, or sexual abuse by a person who is not a parent, guardian, sibling,
person responsible for the child's care functioning within the family unit, or
a person who lives in the child's household and who has a significant
relationship to the child, in a setting other than a facility as defined in
subdivision 2, the local welfare agency shall immediately notify the
appropriate law enforcement agency, which shall conduct an investigation of the
alleged abuse or neglect if a violation of a criminal statute is alleged.
(b) The local agency may rely on the fact-finding efforts of the law
enforcement investigation conducted under this subdivision to make a
determination whether or not threatened harm injury or other
maltreatment has occurred under subdivision 2 if an alleged offender has minor
children or lives with minors.
(c) The local welfare agency shall offer appropriate social services
for the purpose of safeguarding and enhancing the welfare of the abused or
neglected minor.
Sec. 57. TARGETED CASE MANAGEMENT SERVICES FOR CHILDREN.
The commissioner of human services shall seek an amendment to the state
plan to provide targeted case management services to children with
developmental disabilities who are in need of activities that coordinate and
link social and other services designed to help children gain access to needed
medical, social, educational, and other services under Minnesota Statutes,
section 256B.092.
Sec. 58. REVISOR'S INSTRUCTION.
In each section of Minnesota Statutes referred to in column A, the
revisor of statutes shall delete the reference in column B and insert the
reference in column C.
Column A Column
B Column
C
259.67 260.851,
article 5 260.853,
article 4
256B.094 260.851 260.853
EFFECTIVE DATE. This section is effective upon legislative enactment of the
interstate compact in section 23 by no less than 35 states.
Sec. 59. REPEALER.
(a) Minnesota Statutes 2006, section 260.851, is repealed effective
upon legislative enactment of the interstate compact in section 23 by no less
than 35 states. The commissioner of
human services shall inform the revisor of statutes when this occurs.
(b) Minnesota Statutes 2006, sections 260B.241; 260C.141, subdivision
2a; 260C.207; 260C.431; and 260C.435, are repealed.
(c) Minnesota Statutes 2007 Supplement, section 260C.212, subdivision
9, is repealed.
Minnesota Rules, parts 9560.0092; 9560.0093, subpart 2; and 9560.0609,
are repealed.
ARTICLE 7
DATA PRIVACY
Section 1. Minnesota Statutes
2006, section 13.46, is amended by adding a subdivision to read:
Subd. 12. Child care resource and referral programs. This subdivision applies to data
collected by child care resource and referral programs under section
119B.19. Data collected under section
119B.19 are not licensing data under subdivision 4. Data on unlicensed family child care providers are data on
individuals governed by subdivision 2.
In addition to the disclosures authorized by this section, the names and
addresses of unlicensed family child care providers may be disclosed to the
commissioner of education for purposes of promoting and evaluating school
readiness.
Sec. 2. Minnesota Statutes
2006, section 13.46, is amended by adding a subdivision to read:
Subd. 13. Family, friend, and neighbor grant program. This subdivision applies to data
collected by family, friend, and neighbor (FFN) grantees under section
119B.232. Data collected under section
119B.232 are data on individuals governed by subdivision 2. The commissioner may disclose private data
collected under this section to
early childhood care and education experts at the University of
Minnesota to evaluate the impact of the grants under subdivision 2 on
children's school readiness and to evaluate the FFN grant program. The commissioner may disclose the names and
addresses of FFN caregivers to the commissioner of education for purposes of
promoting and evaluating school readiness.
Sec. 3. Laws 2007, chapter 147,
article 2, section 56, is amended to read:
Sec. 56. COMMISSIONER OF HUMAN SERVICES DUTIES; EARLY CHILDHOOD AND SCHOOL-AGE
PROFESSIONAL DEVELOPMENT TRAINING.
Subdivision 1. Development and implementation of an early
childhood and school-age professional development system. (a) The commissioner of human services, in
cooperation with the commissioners of education and health, shall develop and
phase-in the implementation of a professional development system for
practitioners serving children in early childhood and school-age programs. The system shall provide training options
and supports for practitioners to voluntarily choose, as they complete or
exceed existing licensing requirements.
The system must, at a minimum, include the following features:
(1) a continuum of training content based on the early childhood and
school-age care practitioner core competencies that translates knowledge into
improved practice to support children's school success;
(2) training strategies that provide direct feedback about practice to
practitioners through ongoing consultation, mentoring, or coaching with special
emphasis on early literacy and early mathematics;
(3) an approval process for trainers;
(4) a professional development registry for early childhood and
school-age care practitioners that will provide tracking and recognition of
practitioner training/career development progress;
(5) a career lattice that includes a range of professional development and
educational opportunities that provide appropriate coursework and degree
pathways;
(6) development of a plan with public higher education institutions for
an articulated system of education, training, and professional development that
includes credit for prior learning and development of equivalences to two- and
four-year degrees;
(7) incentives and supports for early childhood and school-age care
practitioners to seek additional training and education, including TEACH, other
scholarships, and career guidance; and
(8) coordinated and accessible delivery of training to early childhood
and school-age care practitioners.
(b) By January 1, 2008, the commissioner, in consultation with the
organizations named in subdivision 2 shall develop additional opportunities in
order to qualify more licensed family child care providers under section
119B.13, subdivision 3a.
(c) The commissioner of human services must evaluate the professional
development system and make continuous improvements.
(d) Beginning July 1, 2007, as appropriations permit, the commissioner
shall phase-in the professional development system.
Subd. 2. Two-hour early childhood training.
By January 15, 2008, the commissioner of human services, with input from
the Minnesota Licensed Family Child Care Association and the Minnesota
Professional Development Council, shall identify trainings that qualify for the
two-hour early childhood development training requirement for new child care
practitioners under Minnesota Statutes, section 245A.14, subdivision 9a,
paragraphs (a) and (b). For licensed
family child care, the commissioner shall also seek the input of labor unions
that serve licensed family child care providers, if the union has been
recognized by a county to serve licensed family child care providers.
Subd. 3. Data classification for child care practitioner professional
development system. This
subdivision applies to data collected under this section by the child care
practitioner professional development system.
Data collected under this section is welfare data under section 13.46
but is not licensing data under section 13.46, subdivision 4. Data on individuals who are licensed family
child care providers are private data on individuals governed by section 13.46,
subdivision 2. The commissioner may
disclose nonpublic data collected under this section as described in section
13.46, subdivision 2. The commissioner
also may disclose private and nonpublic data collected under this section to the
following entities:
(1) personnel of the welfare system who require the data for child care
licensing purposes;
(2) personnel of the welfare system who require the data to administer
or evaluate the child care assistance program;
(3) the commissioner of education for purposes of implementing,
administering, and evaluating the child care practitioner professional
development system;
(4) the commissioner of health for purposes of implementing and
administering this section; and
(5) an individual's employer for purposes of tracking and verifying
employee training, education, and expertise."
Delete the title and insert:
"A bill for an act relating to human services; changing provisions
in the MFIP work participation program licensing and child care; making
technical changes; changing child welfare provisions; establishing the
Interstate Compact for the Placement of Children; changing provisions for child
placement; establishing child in voluntary foster care for treatment; changing
data privacy provisions; amending Minnesota Statutes 2006, sections 13.46, by
adding subdivisions; 119B.011, subdivision 17; 119B.03, subdivisions 1, 6;
119B.09, subdivisions 1, 9; 119B.125, by adding a subdivision; 119B.21,
subdivision 10; 245C.24, subdivision 2; 256E.30, subdivision 1; 256E.35,
subdivision 7; 256J.24, subdivision 5; 256J.425, subdivision 1; 256J.521,
subdivision 4; 256J.54, subdivisions 2, 5; 256J.545; 259.20, subdivision 1;
259.21, by adding a subdivision; 259.22, subdivision 2; 259.23, subdivision 2;
259.43; 259.52, subdivision 2; 259.53, subdivision 3; 259.59, subdivisions 1,
2; 259.67, subdivisions 2, 3, by adding a subdivision; 259.75, subdivision 5;
259.89, subdivisions 1, 2, 4, by adding a subdivision; 260.835, subdivision 2;
260C.001, subdivision 2; 260C.007, subdivisions 5, 6, 13; 260C.101, subdivision
2; 260C.141, subdivision 2; 260C.171, subdivision 2; 260C.178, subdivision 1;
260C.205; 260C.212, subdivisions 7, 8, by adding a subdivision; 260C.325,
subdivisions 1, 3; 524.2-114; 626.556, subdivision 7; Minnesota Statutes 2007
Supplement, sections 119B.12; 119B.125, subdivision 2; 119B.13, subdivisions 1,
7; 119B.21, subdivision 5; 119B.231, subdivision 5; 245C.08, subdivision 2;
256.01, subdivision 2; 256E.35, subdivision 2; 256J.20, subdivision 3;
256J.626, subdivisions 3, 7; 256J.95, subdivision 3; 259.41, subdivision 1;
259.57, subdivision 1; 259.67, subdivision 4; 260C.163, subdivision 1;
260C.209, subdivisions 1, 2, by adding a subdivision; 260C.212, subdivisions 1,
4; 626.556, subdivision 10a; Laws 2007, chapter 147, article 2, sections 21;
56; proposing coding for new law in Minnesota Statutes, chapters 259; 260;
proposing coding for new law as Minnesota Statutes, chapter 260D; repealing
Minnesota Statutes 2006, sections 256K.25; 260.851; 260B.241; 260C.141,
subdivision 2a; 260C.207; 260C.431; 260C.435; Minnesota Statutes 2007
Supplement, section 260C.212, subdivision 9; Minnesota Rules, parts 9560.0092;
9560.0093, subpart 2; 9560.0609."
We request the adoption of this report and repassage of the
bill.
House Conferees: Neva Walker, Nora Slawik and Bud Nornes.
Senate Conferees: Patricia Torres Ray, Betsy L. Wergin and Linda
Berglin.
Walker moved that the report of the Conference Committee on
H. F. No. 3376 be adopted and that the bill be repassed as
amended by the Conference Committee.
Peppin moved that the House refuse to adopt the Conference
Committee report on H. F. No. 3376, and that the bill be
returned to the Conference Committee.
A roll call was requested and properly seconded.
The question was taken on the Peppin motion and the roll was
called. There were 38 yeas and 92 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Magnus
McNamara
Olson
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Wollschlager
Spk. Kelliher
The motion did not prevail.
The question recurred on the Walker motion that the report of
the Conference Committee on H. F. No. 3376 be adopted and that
the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3376, A bill for an act relating to human services;
amending the MFIP work participation program; changing child care assistance
provisions; changing the child care assistance sliding fee scale; establishing
a child care advisory task force; requiring a mandated report; making technical
changes; amending Minnesota Statutes 2006, sections 119B.011, subdivision 17;
119B.03, subdivisions 1, 6; 119B.09, subdivisions 1, 9; 119B.125, by adding a
subdivision; 119B.21, subdivision 10; 256E.30, subdivision 1; 256E.35,
subdivision 7; 256J.24, subdivision 5; 256J.39, by adding a subdivision;
256J.425, subdivision 1; 256J.521, subdivision 4; 256J.54, subdivisions 2, 5;
256J.545; Minnesota Statutes 2007 Supplement, sections 119B.12; 119B.125,
subdivision 2; 119B.13, subdivisions 1, 7; 119B.21, subdivision 5; 119B.231,
subdivision 5; 245C.08, subdivision 2; 256E.35, subdivision 2; 256J.20,
subdivision 3; 256J.49, subdivision 13; 256J.626, subdivisions 3, 7; 256J.95,
subdivision 3; repealing Minnesota Statutes 2006, section 256K.25.
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 109 yeas
and 20 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Severson
Simon
Simpson
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
DeLaForest
Demmer
Drazkowski
Emmer
Erickson
Finstad
Garofalo
Hackbarth
Hoppe
Kohls
Olson
Peppin
Seifert
Shimanski
The bill was repassed, as amended by Conference, and its title
agreed to.
Sertich moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by Speaker pro
tempore Juhnke.
The following Conference Committee Report was received:
CONFERENCE
COMMITTEE REPORT ON H. F. NO. 1812
A bill for an act relating to the financing, organization, and
operation of state government; providing for programs in education, early
childhood education, higher education, environment and natural resources,
energy, agriculture, veterans affairs, military affairs, jobs and economic
development activities or programs, transportation, public safety, courts,
human rights, judiciary, housing, public health, health department, and human
services; modifying certain statutory provisions and laws; providing for
certain programs for economic and state affairs; regulating certain activities
and practices; regulating abortion funding; fixing and limiting fees; providing
for the taxation of certain corporations; authorizing rulemaking, requiring
studies and reports; providing civil penalties; making technical corrections;
providing for fund transfers; appropriating money or reducing appropriations;
amending Minnesota Statutes 2006, sections 3.30, subdivision 1; 3.855,
subdivision 3; 3.971, subdivision 2; 10A.071, subdivision 3; 13.32, subdivision
3, by adding a subdivision; 13.461, by adding a subdivision; 13.465,
subdivision 8; 13.851, by adding a subdivision; 15A.081, subdivision 8;
15A.0815; 16A.133, subdivision 1; 16B.281, subdivision 3; 16B.282; 16B.283;
16B.284; 16B.287, subdivision 2; 16C.16, subdivision 5; 16E.01, subdivision 3;
16E.03, subdivision 1; 16E.04, subdivision 2; 17.4988, subdivisions 2, 3;
43A.01, subdivision 3; 43A.17, subdivision 9; 84.788, subdivision 3; 84.82,
subdivision 2, by adding a subdivision; 84.922, subdivision 2; 84.9256,
subdivision 1; 85.011; 85.012, subdivisions 28, 49a; 85.013, subdivision 1;
85.054, subdivision 3, by adding a subdivision; 86B.401, subdivision 2; 88.15,
subdivision 2; 89.715; 93.481, by adding a subdivision; 97A.055, subdivision
4b; 97A.141, subdivision 1; 103A.204; 103A.43; 103B.151, subdivision 1;
103G.291, by adding a subdivision; 103G.615, subdivision 2; 116J.423, by adding
a subdivision; 116J.8731, subdivision 4; 116L.17, by adding a subdivision;
116U.26; 119A.03, subdivision 1; 120B.131, subdivision 2; 120B.31, as amended;
120B.35, as amended; 120B.36, as amended; 120B.362; 122A.21; 123B.02,
subdivision 21; 123B.59, subdivision 1; 123B.62; 124D.04, subdivisions 3, 6, 8,
9; 124D.05, by adding a subdivision; 124D.10, subdivision 20; 124D.385,
subdivision 4; 124D.55; 125A.65, by adding a subdivision; 125A.76, by adding a
subdivision; 126C.10, subdivision 31, by adding a subdivision; 126C.17,
subdivision 9; 126C.21, subdivision 1; 126C.51; 126C.52, subdivision 2, by
adding a subdivision; 126C.53; 126C.55; 127A.45, subdivision 16; 136A.101,
subdivision 8; 136A.121, subdivision 5; 136F.90, subdivision 1; 141.25, by
adding a subdivision; 144.1222, subdivision 1a, by adding subdivisions;
144.1501, subdivision 2; 144.218, subdivision 1; 144.225, subdivision 2;
144.2252; 144.226, subdivision 1; 157.16, as amended; 168.1255, by adding a
subdivision; 171.29, subdivision 1; 190.19, subdivision 1, by adding a
subdivision; 192.501, by adding subdivisions; 197.585, subdivision 5; 216C.41,
subdivision 4; 253B.045, subdivisions 1, 2, by adding a subdivision; 253B.185,
subdivision 5; 256.01, by adding a subdivision; 256.741, subdivisions 2, 2a, 3;
256.969, subdivisions 2b, 20; 256B.0571, subdivisions 8, 9; 256B.0621,
subdivisions 2, 6, 10; 256B.0917, subdivision 8; 256B.0924, subdivisions 4, 6;
256B.19, subdivision 1d; 256B.431, subdivision 23; 256B.69, subdivisions 5a, 6,
by adding subdivisions; 256B.692, by adding a subdivision; 256D.44,
subdivisions 2, 5; 256L.12, subdivision 9; 259.89, subdivision 1; 260C.317,
subdivision 4; 268.125, subdivisions 1, 2, by adding a subdivision; 290.01,
subdivisions 5, 19c, as amended, 19d, as amended, by adding a subdivision;
290.17, subdivision 4; 298.2214, subdivisions 1, 2, as amended; 298.223,
subdivision 2; 298.28, subdivisions 9b, 9d, as added; 298.292, subdivision 2,
as amended; 298.2961, subdivision 2; 341.21, as amended; 341.23; 341.26;
341.28, as amended; 341.29; 341.30; 341.32, as amended; 341.33; 341.34,
subdivision 1; 341.35; 341.37; 349A.02,
subdivision 1; 446A.12,
subdivision 1; 462A.22, subdivision 1; 473.1565, subdivision 3; 518A.50;
518A.53, subdivision 5; 609.531, subdivision 1; Minnesota Statutes 2007
Supplement, sections 3.922, by adding a subdivision; 10A.01, subdivision 35;
16B.328, by adding a subdivision; 80A.28, subdivision 1; 84.8205, subdivision
1; 103G.291, subdivision 3; 116J.575, subdivision 1a; 116L.17, subdivision 1;
120B.021, subdivision 1; 120B.024; 120B.30; 123B.143, subdivision 1; 124D.531,
subdivision 1; 126C.21, subdivision 3; 126C.44; 136A.121, subdivision 7a;
136A.126; 136A.127; 136A.128, by adding a subdivision; 136A.65, subdivisions 1,
3, 5, 6, 7; 136A.66; 136A.67; 136A.69; 136F.02, subdivision 1; 136F.03, subdivision
4; 141.25, subdivision 5; 141.28, subdivision 1; 141.35; 144.4167, by adding a
subdivision; 190.19, subdivision 2; 214.04, subdivision 3; 216C.052,
subdivision 2; 216C.41, subdivision 3; 253B.185, subdivision 1b; 256.741,
subdivision 1; 256B.0625, subdivision 20; 256B.0631, subdivisions 1, 3;
256B.199; 256B.434, subdivision 19; 256B.441, subdivisions 1, 55, 56; 256J.621;
268.047, subdivisions 1, 2; 268.085, subdivisions 3, 9, 16; 268.125,
subdivision 3; 298.227; 341.22; 341.25; 341.27; 341.321; 446A.072, subdivisions
3, 5a; 446A.086; Laws 1999, chapter 223, article 2, section 72; Laws 2006,
chapter 282, article 2, section 27, subdivision 4; Laws 2007, chapter 45,
article 2, section 1; Laws 2007, chapter 54, article 1, section 11; Laws 2007,
chapter 57, article 1, section 4, subdivisions 3, 4, 6; Laws 2007, chapter 135,
article 1, section 3, subdivisions 2, 3; Laws 2007, chapter 144, article 1,
sections 3, subdivisions 2, 18; 5, subdivisions 2, 5; Laws 2007, chapter 146,
article 1, section 24, subdivisions 2, 3, 4, 5, 6, 7, 8; article 2, section 46,
subdivisions 2, 3, 4, 6, 9, 13; article 3, sections 23, subdivision 2; 24,
subdivisions 3, 4, 9; article 4, section 16, subdivisions 2, 3, 6, 8; article
5, section 13, subdivisions 2, 3, 4, 5; article 7, section 4; article 9,
section 17, subdivisions 2, 3, 4, 8, 9, 13; Laws 2007, chapter 147, article 2,
section 21; article 19, section 3, subdivisions 1, 4; Laws 2007, chapter 148,
article 1, sections 7; 12, subdivision 4; Laws 2007, First Special Session chapter
2, article 1, section 11, subdivisions 1, 2, 6; Laws 2008, chapter 152, article
1, section 6, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 5; 13B; 16A; 43A; 115A; 116J; 120B; 121A; 124D; 127A; 136F;
144; 192; 256B; 268; 325F; 341; 446A; repealing Minnesota Statutes 2006,
sections 16B.281, subdivisions 2, 4, 5; 16B.285; 84.961, subdivision 4; 85.013,
subdivision 21b; 97A.141, subdivision 2; 121A.67; 125A.16; 125A.19; 125A.20;
125A.57; 168.123, subdivision 2a; 256.741, subdivision 15; 256J.24, subdivision
6; 259.83, subdivision 3; 259.89, subdivisions 2, 3, 4, 5; 290.01, subdivision
6b; 298.28, subdivision 9a; 341.31; 645.44, subdivision 19; Minnesota Statutes
2007 Supplement, section 256.969, subdivision 27; Laws 1989, chapter 335,
article 1, section 21, subdivision 8, as amended; Laws 2004, chapter 188,
section 2; Laws 2006, chapter 263, article 3, section 16; Laws 2007, First
Special Session chapter 2, article 1, section 11, subdivisions 3, 4.
May
18, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 1812 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No.
1812 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE
1
SUMMARY
(General
Fund Only, After Forecast Adjustments)
Section 1. GENERAL FUND SUMMARY.
The
amounts shown in this section summarize general fund direct appropriations, and
transfers into the general fund from other funds, made in this act.
2008 2009 Total
E-12 Education $(1,216,000) $26,958,000 $25,742,000
Higher Education (7,150,000) (14,411,000) (21,561,000)
Environment and Natural
Resources (328,000) (2,728,000) (3,056,000)
Energy (2,670,000) (1,436,000) (4,106,000)
Agriculture (200,000) 388,000 188,000
Veterans Affairs -0- 4,145,000 4,145,000
Military Affairs 390,000 390,000
Economic Development (2,425,000) 1,512,000 (913,000)
Transportation (255,000) (255,000)
Public Safety 268,000 (10,490,000) (10,222,000)
State Government (1,104,000) (1,104,000)
Health and Human Services (46,789,000) (124,196,000) (170,985,000)
Subtotal of Appropriations (60,510,000) (121,227,000) (181,737,000)
Transfers In 22,330,000 94,897,000 117,227,000
Total $(82,840,000) $(216,124,000) $(298,964,000)
ARTICLE 2
EARLY CHILDHOOD THROUGH
GRADE 12 EDUCATION
Section 1. Minnesota Statutes 2006, section 121A.19, is
amended to read:
121A.19 DEVELOPMENTAL SCREENING AID.
Each school year, the state
must pay a district for each child or student screened by the district
according to the requirements of section 121A.17. The amount of state aid for each child or student screened shall
be: (1) $50 $75 for a
child screened at age three; (2) $40 $50 for a child screened at
age four; (3) $30 $40 for a child screened at age five or six
prior to kindergarten; and (4) $30 for a student screened within 30 days after
first enrolling in a public school kindergarten if the student has not
previously been screened according to the requirements of section 121A.17. If this amount of aid is insufficient, the
district may permanently transfer from the general fund an amount that, when
added to the aid, is sufficient.
Developmental screening aid shall not be paid for any student who is
screened more than 30 days after the first day of attendance at a public school
kindergarten, except if a student transfers to another public school
kindergarten within 30 days after first enrolling in a Minnesota public school
kindergarten program. In this case, if
the student has not been screened, the district to which the student transfers
may receive developmental screening aid for screening that student when the
screening is performed within 30 days of the transfer date.
Sec. 2. Minnesota Statutes 2006, section 122A.21, is
amended to read:
122A.21 TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.
Subdivision 1. Licensure applications. Each application for the issuance, renewal,
or extension of a license to teach, including applications for licensure via
portfolio under subdivision 2, must be accompanied by a processing fee of
$57. Each application for issuing,
renewing, or extending the license of a school administrator or supervisor must
be accompanied by a processing fee in the amount set by the Board of
Teaching. The processing fee for a
teacher's license and for the licenses of supervisory personnel must be paid to
the executive secretary of the appropriate board. The executive secretary of the board shall deposit the fees with
the commissioner of finance. The fees
as set by the board are nonrefundable for applicants not qualifying for a
license. However, a fee must be refunded
by the commissioner of finance in any case in which the applicant already holds
a valid unexpired license. The board
may waive or reduce fees for applicants who apply at the same time for more
than one license.
Subd. 2. Licensure via
portfolio. (a) An eligible
candidate may use licensure via portfolio to obtain an initial licensure or to
add a licensure field, consistent with the applicable Board of Teaching
licensure rules.
(b) A candidate for initial
licensure must submit to the Educator Licensing Division at the department one
portfolio demonstrating pedagogical competence and one portfolio demonstrating
content competence.
(c) A candidate seeking to
add a licensure field must submit to the Educator Licensing Division at the
department one portfolio demonstrating content competence.
(d) A candidate must pay to
the executive secretary of the Board of Teaching a $300 fee for the first
portfolio submitted for review and a $200 fee for any portfolio submitted
subsequently. The fees must be paid to
the executive secretary of the Board of Teaching. The revenue generated from the fee must be deposited in an
education licensure portfolio account in the special revenue fund. The fees set by the Board of Teaching are
nonrefundable for applicants not qualifying for a license. The Board of Teaching may waive or reduce
fees for candidates based on financial need.
Sec. 3. Minnesota Statutes 2007 Supplement, section
123B.54, is amended to read:
123B.54 DEBT SERVICE APPROPRIATION.
(a) $14,813,000
$14,814,000 in fiscal year 2008, $11,124,000 $9,109,000 in
fiscal year 2009, $8,866,000 $7,286,000 in fiscal year 2010, and $6,631,000
$6,878,000 in fiscal year 2011 and later are appropriated from the general
fund to the commissioner of education for payment of debt service equalization
aid under section 123B.53.
(b) The appropriations in
paragraph (a) must be reduced by the amount of any money specifically
appropriated for the same purpose in any year from any state fund.
Sec. 4. Minnesota Statutes 2006, section 123B.59,
subdivision 1, is amended to read:
Subdivision 1. To
qualify. (a) An independent or
special school district qualifies to participate in the alternative facilities
bonding and levy program if the district has:
(1) more than 66 students per
grade;
(2) over 1,850,000 square
feet of space and the average age of building space is 15 years or older or
over 1,500,000 square feet and the average age of building space is 35 years or
older;
(3) insufficient funds from
projected health and safety revenue and capital facilities revenue to meet the
requirements for deferred maintenance, to make accessibility improvements, or
to make fire, safety, or health repairs; and
(4) a ten-year facility plan
approved by the commissioner according to subdivision 2.
(b) An independent or
special school district not eligible to participate in the alternative
facilities bonding and levy program under paragraph (a) qualifies for limited
participation in the program if the district has:
(1) one or more health and
safety projects with an estimated cost of $500,000 or more per site that would
qualify for health and safety revenue except for the project size limitation in
section 123B.57, subdivision 1, paragraph (b); and
(2) insufficient funds from
capital facilities revenue to fund those projects.
(c) Notwithstanding the
square footage limitation in paragraph (a), clause (2), a school district that
qualified for eligibility under paragraph (a) as of July 1, 2007, remains
eligible for funding under this section as long as the district continues to
meet the requirements of paragraph (a), clauses (1), (3), and (4).
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2006, section 123B.62, is
amended to read:
123B.62 BONDS FOR CERTAIN CAPITAL FACILITIES.
(a) In addition to other
bonding authority, with approval of the commissioner, a district may issue
general obligation bonds for certain capital projects under this section. The bonds must be used only to make capital
improvements including:
(1) under section 126C.10,
subdivision 14, total operating capital revenue uses specified in clauses (4),
(6), (7), (8), (9), and (10);
(2) the cost of energy
modifications;
(3) improving disability
accessibility to school buildings; and
(4) bringing school
buildings into compliance with life and safety codes and fire codes; and
(5) modifying buildings and
equipment for security.
(b) Before a district issues
bonds under this subdivision, it must publish notice of the intended projects,
the amount of the bond issue, and the total amount of district indebtedness.
(c) A bond issue tentatively
authorized by the board under this subdivision becomes finally authorized
unless a petition signed by more than 15 percent of the registered voters of
the district is filed with the school board within 30 days of the board's
adoption of a resolution stating the board's intention to issue bonds. The percentage is to be determined with
reference to the number of registered voters in the district on the last day
before the petition is filed with the board.
The petition must call for a referendum on the question of whether to
issue the bonds for the projects under this section. The approval of 50 percent plus one of those voting on the question
is required to pass a referendum authorized by this section.
(d) The bonds must be paid
off within ten 15 years of issuance. The bonds must be issued in compliance with chapter 475, except
as otherwise provided in this section.
A tax levy must be made for the payment of principal and interest on the
bonds in accordance with section 475.61.
The sum of the tax levies under this section and section 123B.61 for
each year must not exceed the limit specified in section 123B.61. The levy for each year must be reduced as
provided in section 123B.61. A district
using an excess amount in the debt redemption fund to retire the bonds shall
report the amount used for this purpose to the commissioner by July 15 of the
following fiscal year. A district having
an outstanding capital loan under section 126C.69 or an outstanding debt
service loan under section 126C.68 must not use an excess amount in the debt
redemption fund to retire the bonds.
(e) Notwithstanding
paragraph (d), bonds issued by a district within the first five years following
voter approval of a combination according to section 123A.37, subdivision 2,
must be paid off within 20 years of issuance.
All the other provisions and limitation of paragraph (d) apply.
Sec. 6. Minnesota Statutes 2006, section 124D.04,
subdivision 3, is amended to read:
Subd. 3. Pupils
in adjoining states. Except as
provided under an agreement with an adjoining state under section 124D.041, a
non-Minnesota pupil who resides in an adjoining state in a district that borders
Minnesota may enroll in a Minnesota district if either the board of the
district in which the pupil resides or state in which the pupil resides pays
tuition to the district in which the pupil is enrolled.
Sec. 7. Minnesota Statutes 2006, section 124D.04,
subdivision 6, is amended to read:
Subd. 6. Tuition
payments. (a) In each
odd-numbered year, before March 1, the commissioner must agree to rates of
tuition for Minnesota elementary and secondary pupils attending in other states
for the next two fiscal years when the other state agrees to negotiate tuition
rates. The commissioner must negotiate
equal, reciprocal rates with the designated authority in each state for pupils
who reside in an adjoining state and enroll in a Minnesota district. The rates must be at least equal to the
tuition specified in section 124D.05, subdivision 1. If the other state does not agree to negotiate a general tuition
rate, a Minnesota school district may negotiate a tuition rate with the school
district in the other state that sends a pupil to or receives a pupil from the
Minnesota school district. The tuition
rate for a pupil with a disability must be equal to the actual cost of
instruction and services provided. The
resident district of a Minnesota pupil attending in another state under this
section must pay the amount of tuition agreed upon in this section to the
district of attendance, prorated on the basis of the proportion of the school
year attended.
(b) Notwithstanding
paragraph (a) and subdivision 9, if an agreement is reached between the state
of Minnesota and an adjoining state pursuant to section 124D.041, the
provisions of section 124D.041 and the agreement shall apply to all enrollment
transfers between Minnesota and the adjoining state, and provisions of
paragraph (a) and subdivision 9 shall not apply.
Sec. 8. Minnesota Statutes 2006, section 124D.04,
subdivision 8, is amended to read:
Subd. 8. Effective
if reciprocal. This section is
effective with respect to South Dakota upon enactment of provisions by South
Dakota that the commissioner determines are essentially similar to the
provisions for Minnesota pupils in this section. This section is effective with respect to any other
bordering state upon enactment of provisions by the bordering state that the
commissioner determines are essentially similar to the provisions for Minnesota
pupils in this section.
Sec. 9. Minnesota Statutes 2006, section 124D.04,
subdivision 9, is amended to read:
Subd. 9. Appeal
to the commissioner. If a Minnesota
school district cannot agree with an adjoining state on a tuition rate for a
Minnesota student attending school in that state and that state has met the
requirements in subdivision 8, then the student's parent or guardian may
request that the commissioner agree on set a tuition rate for the
student. The Minnesota district must
pay the amount of tuition the commissioner agrees upon sets.
Sec. 10. [124D.041]
RECIPROCITY WITH ADJOINING STATES.
Subdivision 1. Agreements. (a) The commissioner may enter into an
agreement with the designated authority from an adjoining state to establish an
enrollment options program between Minnesota and the adjoining state. Any agreement entered into pursuant to this
section must specify the following:
(1) for students who are not
residents of Minnesota, the enrollment options program applies only to a
student whose resident school district borders Minnesota;
(2) the commissioner must
negotiate equal, reciprocal rates with the designated authority from the
adjoining state;
(3) if the adjoining state
sends more students to Minnesota than Minnesota sends to the adjoining state,
the adjoining state must pay the state of Minnesota the rate agreed upon under
clause (2) for the excess number of students sent to Minnesota;
(4) if Minnesota sends more
students to the adjoining state than the adjoining state sends to Minnesota,
the state of Minnesota will pay the adjoining state the rate agreed upon under
clause (2) for the excess number of students sent to the adjoining state;
(5) the application
procedures for the enrollment options program between Minnesota and the
adjoining state;
(6) the reasons for which an
application for the enrollment options program between Minnesota and the
adjoining may be denied; and
(7) that a Minnesota school
district is not responsible for transportation for any resident student
attending school in an adjoining state under the provisions of this
section. A Minnesota school district
may, at its discretion, provide transportation services for such a student.
(b) Any agreement entered
into pursuant to this section may specify additional terms relating to any
student in need of special education and related services pursuant to chapter
125A. Any additional terms must apply
equally to both states.
Subd. 2. Pupil accounting. (a) Any student from an adjoining state
enrolled in Minnesota pursuant to this section is included in the receiving
school district's average daily membership and pupil units according to section
126C.05 as if the student were a resident of another Minnesota school district
attending the receiving school district under section 124D.03.
(b) Any Minnesota resident
student enrolled in an adjoining state pursuant to this section is included in
the resident school district's average daily membership and pupil units
according to section 126C.05 as if the student were a resident of the district
attending another Minnesota school district under section 124D.03.
Subd. 3. Procedures. (a) The Department of Education must
establish procedures relating to the application process, the collection or
payment of funds under the provisions of any agreement established pursuant to
this section, and the collection of data necessary to implement any agreement
established pursuant to this section.
(b) Notwithstanding sections
124A.04 and 124A.05, if an agreement is established between Minnesota and an
adjoining state pursuant to this section, the provisions of this section and
the agreement shall apply to all enrollment transfers between Minnesota and the
adjoining state, and provisions of sections 124D.04 and 124D.05 to the
contrary, including provisions relating to tuition payments, shall not apply.
(c) Notwithstanding
paragraph (a), any payments to adjoining states under this section shall be
made according to section 127A.45, subdivision 16.
(d) Notwithstanding
paragraph (b), sections 124D.04, subdivision 6, paragraph (b), and 124D.05,
subdivision 2a, the provisions of this section and the agreement shall not
apply to: (i) enrollment transfers between
Minnesota and a school district in an adjoining state enrolling fewer than 150
pupils that is exempted from participation in the program under the laws of the
adjoining state; or (ii) enrollment transfers between Minnesota and a school
district in an adjoining state under a board agreement initiated in fiscal year
2009 to serve students in grade levels discontinued by the resident district.
Sec. 11. Minnesota Statutes 2006, section 124D.05, is
amended by adding a subdivision to read:
Subd. 2a. Exception. Notwithstanding subdivisions 1 and 2, if
an agreement is reached between the state of Minnesota and an adjoining state
pursuant to section 124D.041, the provisions of section 124D.041 and the
agreement shall apply to all enrollment transfers between Minnesota and the
adjoining state, and provisions of subdivisions 1 and 2 to the contrary,
including provisions relating to tuition payments, shall not apply.
Sec. 12. Minnesota Statutes 2006, section 124D.118,
subdivision 4, is amended to read:
Subd. 4. Reimbursement. In accordance with program guidelines, the
commissioner shall reimburse each participating public or nonpublic school 14
20 cents for each half-pint of milk that is served to kindergarten
students and is not part of a school lunch or breakfast reimbursed under
section 124D.111 or 124D.1158.
Sec. 13. [124D.141]
STATE ADVISORY COUNCIL ON EARLY CHILDHOOD EDUCATION AND CARE.
Subdivision 1. Membership; Duties. Two members of the house of
representatives, one appointed by the speaker and one appointed by the minority
leader; and two members of the senate appointed by the Subcommittee on
Committees of the Committee on Rules and Administration, including one member
of the minority; and two parents with a child under age six, shall be added to
the membership of the State Advisory Council on Early Education and Care. The council must fulfill the duties required
under the federal Improving Head Start for School Readiness Act of 2007 as
provided in Public Law 110-134.
Subd. 2. Additional duties. The following duties are added to those
assigned to the council under federal law:
(1) make recommendations on
the most efficient and effective way to leverage state and federal funding
streams for early childhood and child care programs;
(2) make recommendations on
how to coordinate or colocate early childhood and child care programs in one
state Office of Early Learning;
(3) review program
evaluations regarding high-quality early childhood programs; and
(4) make recommendations to
the governor and legislature, including proposed legislation on how to most
effectively create a high quality early childhood system in Minnesota in order
to improve the educational outcomes of children so that all children are
school-ready by 2020.
Subd. 3. Administration. An amount up to $12,500 from federal
child care and development fund administrative funds and up to $12,500 from
prekindergarten exploratory project funds appropriated under Laws 2007, chapter
147, article 19, section 3, may be used to reimburse the parents on the council
and for technical assistance and administrative support of the State Advisory
Council on Early Childhood Education and Care.
This
funding stream is for fiscal
year 2009. The council may pursue
additional funds from state, federal, and private sources. If additional operational funds are
received, the council must reduce the amount of prekindergarten exploratory
project funds used in an equal amount.
Sec. 14. Minnesota Statutes 2007 Supplement, section
124D.531, subdivision 1, is amended to read:
Subdivision 1. State
total adult basic education aid.
(a) The state total adult basic education aid for fiscal year 2005 is
$36,509,000. The state total adult
basic education aid for fiscal year 2006 equals $36,587,000 plus any amount that is not paid for during the previous
fiscal year, as a result of adjustments under subdivision 4, paragraph (a),
or section 124D.52, subdivision 3. The
state total adult basic education aid for fiscal year 2007 equals $37,673,000
plus any amount that is not paid for during the previous fiscal year, as a
result of adjustments under subdivision 4, paragraph (a), or section 124D.52,
subdivision 3. The state total adult
basic education aid for fiscal year 2008 equals $40,650,000, plus any amount
that is not paid during the previous fiscal year as a result of adjustments
under subdivision 4, paragraph (a), or section 124D.52, subdivision 3. The state total adult basic education aid
for later fiscal years equals:
(1) the state total adult
basic education aid for the preceding fiscal year plus any amount that is not
paid for during the previous fiscal year, as a result of adjustments under
subdivision 4, paragraph (a), or section 124D.52, subdivision 3; times
(2) the lesser of:
(i) 1.03; or
(ii) the greater of 1.00
or the ratio of the state total contact hours in the first prior program year
to the state total contact hours in the second prior program year the
average growth in state total contact hours over the prior 10 program years.
Beginning in fiscal year
2002, two percent of the state total adult basic education aid must be set
aside for adult basic education supplemental service grants under section
124D.522.
(b) The state total adult
basic education aid, excluding basic population aid, equals the difference
between the amount computed in paragraph (a), and the state total basic
population aid under subdivision 2.
Sec. 15. Minnesota Statutes 2006, section 124D.55, is
amended to read:
124D.55 GENERAL EDUCATION DEVELOPMENT (GED) TEST FEES.
The commissioner shall pay
60 percent of the fee that is charged to an eligible individual for the full
battery of a general education development (GED) test, but not more than $20
$40 for an eligible individual.
Sec. 16. Minnesota Statutes 2006, section 125A.65,
subdivision 4, is amended to read:
Subd.
4. Unreimbursed
costs. (a) For fiscal year 2006, in
addition to the tuition charge allowed in subdivision 3, the academies may charge
the child's district of residence for the academy's unreimbursed cost of
providing an instructional aide assigned to that child, after deducting the
special education aid under section 125A.76, attributable to the child, if that
aide is required by the child's individual education plan. Tuition received under this paragraph must
be used by the academies to provide the required service.
(b) For fiscal year 2007
2008 and later, the special education aid paid to the academies shall be
increased by the academy's unreimbursed cost of providing an one to
one instructional aide and behavioral management aides assigned
to a child, after deducting the special education aid under section 125A.76
attributable to the child, if that aide is the aides are required
by the child's individual education plan.
Aid received under this paragraph must be used by the academies to
provide the required service.
(c) For fiscal year 2007
2008 and later, the special education aid paid to the district of the
child's residence shall be reduced by the amount paid to the academies for
district residents under paragraph (b).
(d) Notwithstanding section
127A.45, subdivision 3, beginning in fiscal year 2008, the commissioner shall
make an estimated final adjustment payment to the Minnesota State Academies for
general education aid and special education aid for the prior fiscal year by
August 15.
(e) For fiscal year 2007,
the academies may retain receipts received through mutual agreements with
school districts for one to one behavior management aides.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 17. Minnesota Statutes 2006, section 125A.65, is
amended by adding a subdivision to read:
Subd. 11. Third-party
reimbursement. The Minnesota
State Academies must seek reimbursement under section 125A.21 from third
parties for the cost of services provided by the Minnesota State Academies
whenever the services provided are otherwise covered by a child's public or
private health plan.
EFFECTIVE DATE. This section is effective the day following final enactment
for revenue in fiscal years 2008 and later.
Sec. 18. Minnesota Statutes 2007 Supplement, section
125A.76, subdivision 2, is amended to read:
Subd. 2. Special
education initial aid. The special
education initial aid equals the sum of the following amounts computed using
current year data:
(1) 68 percent of the salary
of each essential person employed in the district's program for children with a
disability during the fiscal year, whether the person is employed by one or
more districts or a Minnesota correctional facility operating on a
fee-for-service basis;
(2) for the Minnesota State
Academy for the Deaf or the Minnesota State Academy for the Blind, 68 percent
of the salary of each one to one instructional and behavior
management aide assigned to a child attending the academy, if that aide
is the aides are required by the child's individual education
plan;
(3) for special instruction
and services provided to any pupil by contracting with public, private, or
voluntary agencies other than school districts, in place of special instruction
and services provided by the district, 52 percent of the difference between the
amount of the contract and the general education revenue, excluding basic
skills revenue and alternative teacher compensation revenue, and referendum equalization
aid attributable to a pupil, calculated using the resident district's average
general education revenue and referendum equalization aid per adjusted pupil
unit for the fraction of the school day the pupil receives services under the
contract. This includes children who
are residents of the state, receive services under this subdivision and
subdivision 1, and are placed in a care and treatment facility by court action
in a state that does not have a reciprocity agreement with the commissioner under
section 125A.155 as provided for in section 125A.79, subdivision 8;
(4) for special instruction
and services provided to any pupil by contracting for services with public,
private, or voluntary agencies other than school districts, that are
supplementary to a full educational program provided by the school district, 52
percent of the amount of the contract for that pupil;
(5) for supplies and
equipment purchased or rented for use in the instruction of children with a
disability, an amount equal to 47 percent of the sum actually expended by the
district, or a Minnesota correctional facility operating on a fee-for-service
basis, but not to exceed an average of $47 in any one school year for each
child with a disability receiving instruction;
(6) for fiscal years 1997
and later, special education base revenue shall include amounts under clauses
(1) to (5) for special education summer programs provided during the base year
for that fiscal year;
(7)
the cost of providing transportation services for children with disabilities
under section 123B.92, subdivision 1, paragraph (b), clause (4); and
(8) the district's
transition-disabled program initial aid according to section 124D.454,
subdivision 3.
The department shall
establish procedures through the uniform financial accounting and reporting
system to identify and track all revenues generated from third-party billings
as special education revenue at the school district level; include revenue
generated from third-party billings as special education revenue in the annual
cross-subsidy report; and exclude third-party revenue from calculation of
excess cost aid to the districts.
EFFECTIVE DATE. This section is effective for revenue for fiscal year 2008.
Sec. 19. Minnesota Statutes 2006, section 125A.76, is
amended by adding a subdivision to read:
Subd. 4a. Adjustments for tuition
reciprocity with adjoining states.
(a) If an agreement is reached between the state of Minnesota and an
adjoining state pursuant to section 124D.041 that requires a special education
tuition payment from the state of Minnesota to the adjoining state, the tuition
payment shall be made from the special education aid appropriation for that
year, and the state total special education aid under subdivision 4 shall be
reduced by the amount of the payment.
(b) If an agreement is
reached between the state of Minnesota and an adjoining state pursuant to
section 124D.041 that requires a special education tuition payment from an
adjoining state to the state of Minnesota, the special education aid
appropriation for that year and the state total special education aid under
subdivision 4 shall be increased by the amount of the payment.
(c) If an agreement is
reached between the state of Minnesota and an adjoining state pursuant to
section 124D.041 that requires special education tuition payments to be made
between the two states and not between districts in the two states, the special
education aid for a Minnesota school district serving a student with a
disability from the adjoining state shall be calculated according to section
127A.47, subdivision 7, except that no reduction shall be made in the special
education aid paid to the resident district.
Sec. 20. Minnesota Statutes 2006, section 126C.10,
subdivision 31, is amended to read:
Subd. 31. Transition
revenue. (a) A district's
transition allowance equals the greater of zero or the product of the ratio of
the number of adjusted marginal cost pupil units the district would have
counted for fiscal year 2004 under Minnesota Statutes 2002 to the district's
adjusted marginal cost pupil units for fiscal year 2004, times the difference
between: (1) the lesser of the
district's general education revenue per adjusted marginal cost pupil unit for
fiscal year 2003 or the amount of general education revenue the district would
have received per adjusted marginal cost pupil unit for fiscal year 2004
according to Minnesota Statutes 2002, and (2) the district's general education
revenue for fiscal year 2004 excluding transition revenue divided by the number
of adjusted marginal cost pupil units the district would have counted for
fiscal year 2004 under Minnesota Statutes 2002.
(b) A district's transition
revenue for fiscal year years 2006 and later through
2009 equals the sum of the product of the district's transition allowance
times the district's adjusted marginal cost pupil units plus the district's
transition for prekindergarten revenue under subdivision 31a.
(c) A district's transition
revenue for fiscal year 2010 and later equals the sum of the product of the
district's transition allowance times the district's adjusted marginal cost
pupil units plus the district's transition for prekindergarten revenue under
subdivision 31a plus the district's transition for tuition reciprocity revenue
under subdivision 31c.
Sec. 21. Minnesota Statutes 2006, section 126C.10, is
amended by adding a subdivision to read:
Subd. 31c. Transition for tuition
reciprocity revenue. For the
first year that a tuition reciprocity agreement with an adjoining state is in
effect under section 124D.041 and later, a school district's transition for
tuition reciprocity revenue equals the greater of zero or the difference
between the sum of the general education revenue and net tuition revenue the
district would have received for pupils enrolled under section 124D.041 for the
first year the agreement is in effect if the agreement had not been in effect,
and the sum of the district's general education revenue and net tuition revenue
for the first year the agreement is in effect.
Sec. 22. Minnesota Statutes 2006, section 126C.17,
subdivision 9, is amended to read:
Subd. 9. Referendum
revenue. (a) The revenue authorized
by section 126C.10, subdivision 1, may be increased in the amount approved by
the voters of the district at a referendum called for the purpose. The referendum may be called by the board or
shall be called by the board upon written petition of qualified voters of the
district. The referendum must be
conducted one or two calendar years before the increased levy authority, if
approved, first becomes payable. Only
one election to approve an increase may be held in a calendar year. Unless the referendum is conducted by mail
under paragraph (g), the referendum must be held on the first Tuesday after the
first Monday in November. The ballot
must state the maximum amount of the increased revenue per resident marginal
cost pupil unit. The ballot may state a
schedule, determined by the board, of increased revenue per resident marginal
cost pupil unit that differs from year to year over the number of years for
which the increased revenue is authorized or may state that the amount shall
increase annually by the rate of inflation.
For this purpose, the rate of inflation shall be the annual inflationary
increase calculated under subdivision 2, paragraph (b). The ballot may state that existing
referendum levy authority is expiring.
In this case, the ballot may also compare the proposed levy authority to
the existing expiring levy authority, and express the proposed increase as the
amount, if any, over the expiring referendum levy authority. The ballot must designate the specific
number of years, not to exceed ten, for which the referendum authorization
applies. The ballot, including a ballot
on the question to revoke or reduce the increased revenue amount under
paragraph (c), must abbreviate the term "per resident marginal cost pupil
unit" as "per pupil." The notice required under section 275.60
may be modified to read, in cases of renewing existing levies at the same
amount per pupil as in the previous year:
"BY VOTING
"YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING FOR A PROPERTY
TAX INCREASE ARE VOTING TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM
THAT IS SCHEDULED TO EXPIRE."
The ballot may contain a
textual portion with the information required in this subdivision and a
question stating substantially the following:
"Shall the increase in
the revenue proposed by (petition to) the board of ........., School District
No. .., be approved?"
If approved, an amount equal
to the approved revenue per resident marginal cost pupil unit times the
resident marginal cost pupil units for the school year beginning in the year
after the levy is certified shall be authorized for certification for the
number of years approved, if applicable, or until revoked or reduced by the
voters of the district at a subsequent referendum.
(b) The board must prepare
and deliver by first class mail at least 15 days but no more than 30 days
before the day of the referendum to each taxpayer a notice of the referendum
and the proposed revenue increase. The
board need not mail more than one notice to any taxpayer. For the purpose of giving mailed notice
under this subdivision, owners must be those shown to be owners on the records
of the county auditor or, in any county where tax statements are mailed by the
county treasurer, on the records of the county treasurer. Every property owner whose name does not
appear on the records of the county auditor or the county treasurer is deemed
to have waived this mailed notice unless the owner has requested in writing
that the county auditor or county treasurer, as the case may be, include the
name on the records for this purpose.
The notice must project the anticipated amount of tax increase in annual
dollars for typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the school district.
The notice for a referendum
may state that an existing referendum levy is expiring and project the
anticipated amount of increase over the existing referendum levy in the first
year, if any, in annual dollars for typical residential homesteads,
agricultural homesteads, apartments, and commercial-industrial property within
the district.
The notice must include the
following statement: "Passage of
this referendum will result in an increase in your property taxes."
However, in cases of renewing existing levies, the notice may include the
following statement: "Passage of
this referendum may result in an increase in your property taxes
extends an existing operating referendum at the same amount per pupil as in the
previous year."
(c) A referendum on the
question of revoking or reducing the increased revenue amount authorized
pursuant to paragraph (a) may be called by the board and shall be called by the
board upon the written petition of qualified voters of the district. A referendum to revoke or reduce the revenue
amount must state the amount per resident marginal cost pupil unit by which the
authority is to be reduced. Revenue
authority approved by the voters of the district pursuant to paragraph (a) must
be available to the school district at least once before it is subject to a
referendum on its revocation or reduction for subsequent years. Only one revocation or reduction referendum
may be held to revoke or reduce referendum revenue for any specific year and
for years thereafter.
(d) A petition authorized by
paragraph (a) or (c) is effective if signed by a number of qualified voters in
excess of 15 percent of the registered voters of the district on the day the
petition is filed with the board. A
referendum invoked by petition must be held on the date specified in paragraph
(a).
(e) The approval of 50
percent plus one of those voting on the question is required to pass a referendum
authorized by this subdivision.
(f) At least 15 days before
the day of the referendum, the district must submit a copy of the notice
required under paragraph (b) to the commissioner and to the county auditor of
each county in which the district is located.
Within 15 days after the results of the referendum have been certified
by the board, or in the case of a recount, the certification of the results of
the recount by the canvassing board, the district must notify the commissioner
of the results of the referendum.
EFFECTIVE DATE. This section is effective for elections conducted on or after
July 1, 2008.
Sec. 23. Minnesota Statutes 2006, section 126C.40,
subdivision 1, is amended to read:
Subdivision 1. To
lease building or land. (a) When an
independent or a special school district or a group of independent or special
school districts finds it economically advantageous to rent or lease a building
or land for any instructional purposes or for school storage or furniture
repair, and it determines that the operating capital revenue authorized under
section 126C.10, subdivision 13, is insufficient for this purpose, it may apply
to the commissioner for permission to make an additional capital expenditure
levy for this purpose. An application
for permission to levy under this subdivision must contain financial
justification for the proposed levy, the terms and conditions of the proposed
lease, and a description of the space to be leased and its proposed use.
(b) The criteria for
approval of applications to levy under this subdivision must include: the reasonableness of the price, the
appropriateness of the space to the proposed activity, the feasibility of
transporting pupils to the leased building or land, conformity of the lease to
the laws and rules of the state of Minnesota, and the appropriateness of the
proposed lease to the space needs and the financial condition of the
district. The commissioner must not
authorize a levy under this subdivision in an amount greater than the cost to
the district of renting or leasing a building or land for approved
purposes. The proceeds of this levy
must not be used for custodial or other maintenance services. A district may not levy under this
subdivision for the purpose of leasing or renting a district-owned building or
site to itself.
(c) For agreements finalized
after July 1, 1997, a district may not levy under this subdivision for the
purpose of leasing: (1) a newly
constructed building used primarily for regular kindergarten, elementary, or secondary
instruction; or (2) a newly constructed building addition or additions used
primarily for regular kindergarten, elementary, or secondary instruction that
contains more than 20 percent of the square footage of the previously existing
building.
(d) Notwithstanding
paragraph (b), a district may levy under this subdivision for the purpose of
leasing or renting a district-owned building or site to itself only if the
amount is needed by the district to make payments required by a lease purchase
agreement, installment purchase agreement, or other deferred payments agreement
authorized by law, and the levy meets the requirements of paragraph (c). A levy authorized for a district by the
commissioner under this paragraph may be in the amount needed by the district
to make payments required by a lease purchase agreement, installment purchase
agreement, or other deferred payments agreement authorized by law, provided
that any agreement include a provision giving the school districts the right to
terminate the agreement annually without penalty.
(e) The total levy under
this subdivision for a district for any year must not exceed $100 $150
times the resident pupil units for the fiscal year to which the levy is
attributable.
(f) For agreements for which
a review and comment have been submitted to the Department of Education after
April 1, 1998, the term "instructional purpose" as used in this
subdivision excludes expenditures on stadiums.
(g) The commissioner of
education may authorize a school district to exceed the limit in paragraph (e)
if the school district petitions the commissioner for approval. The commissioner shall grant approval to a
school district to exceed the limit in paragraph (e) for not more than five
years if the district meets the following criteria:
(1) the school district has
been experiencing pupil enrollment growth in the preceding five years;
(2) the purpose of the
increased levy is in the long-term public interest;
(3) the purpose of the
increased levy promotes colocation of government services; and
(4) the purpose of the
increased levy is in the long-term interest of the district by avoiding over
construction of school facilities.
(h) A school district that
is a member of an intermediate school district may include in its authority
under this section the costs associated with leases of administrative and
classroom space for intermediate school district programs. This authority must not exceed $25 $43
times the adjusted marginal cost pupil units of the member districts. This authority is in addition to any other
authority authorized under this section.
(i) In addition to the
allowable capital levies in paragraph (a), a district that is a member of the
"Technology and Information Education Systems" data processing joint
board, that finds it economically advantageous to enter into a lease purchase
agreement for a building for a group of school districts or special school
districts for staff development purposes, may levy for its portion of lease
costs attributed to the district within the total levy limit in paragraph (e).
Sec. 24. Minnesota Statutes 2007 Supplement, section
126C.44, is amended to read:
126C.44 SAFE SCHOOLS LEVY.
(a) Each district may make a
levy on all taxable property located within the district for the purposes
specified in this section. The maximum
amount which may be levied for all costs under this section shall be equal to
$30 multiplied by the district's adjusted marginal cost pupil units for the
school year. The proceeds of the levy
must be reserved and used for directly funding the following purposes or for
reimbursing the cities and counties who contract with the district for the
following purposes: (1) to pay the
costs incurred for the salaries, benefits, and transportation costs of peace
officers and sheriffs for liaison in services in the district's schools; (2) to
pay the costs for a drug abuse prevention program as defined in section
609.101, subdivision 3, paragraph (e), in the elementary schools; (3) to pay the costs for a gang resistance
education training curriculum in the district's schools; (4) to pay the costs
for security in the district's schools and on school property; (5) to
pay the costs for other crime prevention, drug abuse, student and staff safety,
voluntary opt-in suicide prevention tools, and violence prevention measures
taken by the school district; or (6) to pay costs for licensed school
counselors, licensed school nurses, licensed school social workers, licensed
school psychologists, and licensed alcohol and chemical dependency counselors to
help provide early responses to problems.
For expenditures under clause (1), the district must initially attempt
to contract for services to be provided by peace officers or sheriffs with the
police department of each city or the sheriff's department of the county within
the district containing the school receiving the services. If a local police department or a county
sheriff's department does not wish to provide the necessary services, the
district may contract for these services with any other police or sheriff's
department located entirely or partially within the school district's
boundaries.
(b) A school district that
is a member of an intermediate school district may include in its authority
under this section the costs associated with safe schools activities authorized
under paragraph (a) for intermediate school district programs. This authority must not exceed $10 times the
adjusted marginal cost pupil units of the member districts. This authority is in addition to any other
authority authorized under this section.
Revenue raised under this paragraph must be transferred to the
intermediate school district.
(c) If A school
district spends must set aside at least $3 per adjusted marginal cost
pupil unit of the safe schools levy proceeds for the purposes authorized
under paragraph (a), clause (6),. The district must annually certify that its total spending on
services provided by the employees listed in paragraph (a), clause (6), is not
less than the sum of its expenditures for these purposes, excluding amounts
spent under this section, in the previous year plus the amount spent under this
section.
EFFECTIVE DATE. This section is effective for revenue for fiscal year 2010.
Sec. 25. Minnesota Statutes 2006, section 126C.45, is
amended to read:
126C.45 ICE ARENA LEVY.
(a) Each year, an
independent school district operating and maintaining an ice arena, may levy
for the net operational costs of the ice arena. The levy may not exceed 90 percent of the net actual costs
of operation of the arena for the previous year. Net actual costs are defined as operating costs less any
operating revenues.
(b) Any district operating
and maintaining an ice arena must demonstrate to the satisfaction of the Office
of Monitoring in the department that the district will offer equal sports
opportunities for male and female students to use its ice arena, particularly
in areas of access to prime practice time, team support, and providing junior
varsity and younger level teams for girls' ice sports and ice sports offerings.
Sec. 26. Minnesota Statutes 2006, section 126C.51, is
amended to read:
126C.51 APPLICATION OF LIMITING TAX LEGISLATION.
Notwithstanding the
provisions of section 471.69 or 471.75, or of any other provision of law which
by per capita limitation, local tax rate limitation, or otherwise, limits the
power of a district to incur any debt or to issue any warrant or order, a school
district or intermediate school district has the powers in sections
126C.50 to 126C.56 specifically conferred upon it and all powers incident and
necessary to carrying out the purposes of sections 126C.50 to 126C.56.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 27. Minnesota Statutes 2006, section 126C.52,
subdivision 2, is amended to read:
Subd. 2. Limitations. The board of any school district may
also borrow money in the manner and subject to the limitations set forth in
sections 126C.50 to 126C.56 in anticipation of receipt of state aids for
schools as defined in Minnesota Statutes and of federal school aids to be
distributed by or through the department.
The aggregate of such borrowings under this subdivision shall never
exceed 75 percent of such aids which are receivable by said school district in
the school fiscal year (from July 1 to June 30) in which
the money is borrowed, as estimated and certified by the commissioner.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 28. Minnesota Statutes 2006, section 126C.52, is
amended by adding a subdivision to read:
Subd. 3. Intermediate school
districts. (a) The board of
an intermediate school district may borrow money in the manner and subject to
the limitations set forth in sections 126C.50 to 126C.56 in anticipation of the
receipt of:
(1) state aids for schools
as defined in Minnesota Statutes;
(2) federal school aids to
be distributed by or through the department; and
(3) membership fees and
tuition payments from its member school districts.
The aggregate of such
borrowings under this subdivision shall never exceed 75 percent of such aids,
fees, and tuition payments which are receivable by the intermediate school
district in the fiscal year in which the money is borrowed, as estimated and
certified by the commissioner.
(b) The board of an intermediate
school district may, upon receipt of a written resolution by each of its member
school districts, pledge the member district's full faith and credit and
unlimited taxing powers to repay each member district's pro rata share of any
certificates issued or the amount paid by the state under section 126C.55,
subdivision 2, plus interest, if the revenues specified in paragraph (a) and
any other revenues of the intermediate school district are insufficient to do
so.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 29. Minnesota Statutes 2006, section 126C.53, is
amended to read:
126C.53 ENABLING RESOLUTION; FORM OF CERTIFICATES OF INDEBTEDNESS.
The board of a school
district or intermediate school district may authorize and effect such
borrowing, and may issue such certificates of indebtedness upon passage of a
resolution specifying the amount and purposes for which it deems such borrowing
is necessary. The resolution must be
adopted by a vote of at least two-thirds of its members. The board must fix the amount, date,
maturity, form, denomination, and other details of the certificates of
indebtedness, not inconsistent with this chapter. The board must fix the date and place for receipt of bids for the
purchase of the certificates when bids are required and direct the clerk to
give notice of the date and place for bidding.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 30. Minnesota Statutes 2006, section 126C.55, is
amended to read:
126C.55 STATE PAYMENT OF DEBT OBLIGATION UPON POTENTIAL DEFAULT;
REPAYMENT; STATE OBLIGATION NOT DEBT.
Subdivision 1. Definitions. For the purposes of this section, the term
"debt obligation" means:
(1) a tax or aid
anticipation certificate of indebtedness issued under section 126C.52;
(2) a certificate of
participation issued under section 126C.40, subdivision 6; or
(3) a general obligation
bond.
Subd. 2. Notifications;
payment; appropriation. (a) If a school
district or intermediate school district believes that it may be
unable to make a principal or interest payment on any outstanding debt
obligation on the date that payment is due, it must notify the commissioner as
soon as possible, but not less than 15 working days before the date that
principal or interest payment is due.
The notice must include the name of the school district or
intermediate school district, an identification of the debt obligation
issue in question, the date the payment is due, the amount of principal and interest
due on the payment date, the amount of principal or interest that the school
district or intermediate school district will be unable to repay on
that date, the paying agent for the debt obligation, the wire transfer
instructions to transfer funds to that paying agent, and an indication as to
whether a payment is being requested by the school district or
intermediate school district under this section. If a paying agent becomes aware of a potential default, it shall
inform the commissioner of that fact.
After receipt of a notice which requests a payment under this section,
after consultation with the school district or intermediate school
district and the paying agent, and after verification of the accuracy of
the information provided, the commissioner shall notify the commissioner of
finance of the potential default. The
notice must include a final figure as to the amount due that the school district
or intermediate school district will be unable to repay on the date due.
(b) Except as provided in subdivision
9, upon receipt of this notice from the commissioner, the commissioner of
finance shall issue a warrant and authorize the commissioner of education to
pay to the paying agent for the debt obligation the specified amount on or
before the date due. The amounts needed
for the purposes of this subdivision are annually appropriated to the
department from the state general fund.
(c) The Departments of
Education and Finance must jointly develop detailed procedures for school districts
and intermediate school districts to notify the state that they have
obligated themselves to be bound by the provisions of this section, procedures
for school districts or intermediate school districts and paying
agents to notify the state of potential defaults and to request state payment
under this section, and procedures for the state to expedite payments to
prevent defaults. The procedures are
not subject to chapter 14.
Subd. 3. School
district bound; interest rate on state paid amount. If, at the request of a school district
or intermediate school district, the state has paid part or all of the
principal or interest due on a district's debt obligation on a specific date,
the school district or intermediate school district is bound by all
provisions of this section and the amount paid shall bear taxable interest from
the date paid until the date of repayment at the invested cash rate as it is
certified by the commissioner of finance.
Interest shall only accrue on the amounts paid and outstanding less the
reduction in aid under subdivision 4 and other payments received from the
district.
Subd. 4. Pledge
of district's full faith and credit.
If, at the request of a school district or intermediate school
district, the state has paid part or all of the principal or interest due
on a district's debt obligation on a specific date, the pledge of the full
faith and credit and unlimited taxing powers of the school district or
the member districts of the intermediate district to repay the principal
and interest due on those debt obligations shall also, without an election or
the requirement of a further authorization, become a pledge of the full faith
and credit and unlimited taxing powers of the school district or the
member districts of the intermediate district to repay to the state the
amount paid, with interest. Amounts
paid by the state must be repaid in the order in which the state payments were
made.
Subd. 4a. Aid reduction for
repayment. (a) Except as
provided in this subdivision, the state must reduce the state aid payable to
the school district or intermediate school district under this chapter and
chapters 122A, 123A, 123B, 124D, 125A, 126C, and 273 by the amount paid by the
state under this section on behalf of the district, plus the interest due on
it, and the amount reduced must revert from the appropriate account to the
state general fund. Payments from the
school district endowment fund or any federal aid payments shall not be
reduced.
(b) For an intermediate
school district, the state aid payable to the intermediate school district must
first be reduced, before any reduction is made to the state aids payable to the
member districts. If the state aid
payable to the intermediate school district is not sufficient to repay the
state, state aid payable to member districts may be reduced proportionately
based on the ratio of each member district's adjusted net tax capacity to the
total adjusted net tax capacity of all member districts.
(c) If, after review of the
financial situation of the school district or intermediate school district, the
commissioner advises the commissioner of finance that a total reduction of aids
would cause an undue hardship on or an undue disruption of the educational
program of the district, the commissioner, with the approval of the commissioner
of finance, may establish a different schedule for reduction of aids to repay
the state. The amount of aids to be
reduced is decreased by any amounts repaid to the state by the district from
other revenue sources.
Subd. 6. Tax
levy for repayment. (a) With the
approval of the commissioner, a district may levy in the year the state makes a
payment under this section an amount up to the amount necessary to provide
funds for the repayment of the amount paid by the state plus interest through
the date of estimated repayment by the district. The proceeds of this levy may be used only for this purpose
unless they are in excess of the amount actually due, in which case the excess
shall be used to repay other state payments made under this section or shall be
deposited in the debt redemption fund of the school district. This levy shall be an increase in the levy
limits of the district for purposes of section 275.065, subdivision 6. The amount of aids to be reduced to repay
the state shall be decreased by the amount levied. This levy by the district is not eligible for debt service
equalization under section 123B.53.
(b) If the state is not
repaid in full for a payment made under this section by November 30 of the
calendar year following the year in which the state makes the payment, the
commissioner shall require the district to certify a property tax levy in an
amount up to the amount necessary to provide funds for repayment of the amount
paid by the state plus interest through the date of estimated repayment by the
school district. To prevent undue
hardship, the commissioner may allow the district to certify the levy over a
five-year period. The proceeds of the
levy may be used only for this purpose unless they are in excess of the amount
actually due, in which case the excess shall be used to repay other state
payments made under this section or shall be deposited in the debt redemption
fund of the district. This levy shall
be an increase in the levy limits of the school district for purposes of section
275.065, subdivision 6. If the
commissioner orders the district to levy, the amount of aids reduced to repay
the state shall be decreased by the amount levied. This levy by the district is not eligible for debt service
equalization under section 123B.53 or any successor provision. A levy under this subdivision must be
explained as a specific increase at the meeting required under section 275.065,
subdivision 6.
(c) For an intermediate
district, a levy made by a member district under paragraph (a) or (b) to pay
its pro rata share must be spread by the commissioner as a tax rate based on
the total adjusted net tax capacity of the member school districts. The proceeds of the levy must be remitted by
the member school district to the intermediate school district and must be used
by the intermediate district only to repay the state amounts owed. Any amount in excess of the amount owed to
the state must be repaid to the member school districts and the commissioner
shall adjust each member district's property tax levy in the next year.
Subd. 7. Election
as to mandatory application. A school
district or intermediate school district may covenant and obligate
itself, prior to the issuance of an issue of debt obligations, to notify the
commissioner of a potential default and to use the provisions of this section
to guarantee payment of the principal and interest on those debt obligations
when due. If the district obligates
itself to be bound by this section, it must covenant in the resolution that
authorizes the issuance of the debt obligations to deposit with the paying
agent three business days prior to the date on which a payment is due an amount
sufficient to make that payment or to notify the commissioner under subdivision
1 that it will be unable to make all or a portion of that payment. A district that has obligated itself must
include a provision in its agreement with the paying agent for that issue that
requires the paying agent to inform the commissioner if it becomes aware of a
potential default in the payment of principal or interest on that issue or if,
on the day two business days prior to the date a payment is due on that issue,
there are insufficient funds to make the payment on deposit with the paying
agent. Funds invested in a refunding
escrow account established under section 475.67 that are to become available to
the paying agent on a principal or interest payment date are deemed to be on
deposit with the paying agent three business days before the payment date. If a district either covenants to be bound
by this section or accepts state payments under this section to prevent a
default of a particular issue of debt obligations, the provisions of this
section shall be binding as to that issue as long as any debt obligation of
that issue remain outstanding. If the
provisions of this section are or become binding for more than one issue of
debt obligations and a district is unable to make payments on one or more of
those issues, the district must continue to make payments on the remaining issues.
Subd. 8. Mandatory
plan; technical assistance. If the
state makes payments on behalf of a school district or intermediate
school district under this section or the district defaults in the payment
of principal or interest on an outstanding debt obligation, it must submit a
plan to the commissioner for approval specifying the measures it intends to
implement to resolve the issues which led to its inability to make the payment
and to prevent further defaults. The
department must provide technical assistance to the district in preparing its
plan. If the commissioner determines
that a district's plan is not adequate, the commissioner shall notify the
district that the plan has been disapproved, the reasons for the disapproval,
and that the state shall not make future payments under this section for debt
obligations issued after the date specified in that notice until its plan is
approved. The commissioner may also
notify the district that until its plan is approved, other aids due the
district will be withheld after a date specified in the notice.
Subd. 9. State
bond rating. If the commissioner of
finance determines that the credit rating of the state would be adversely
affected thereby, the commissioner of finance shall not issue warrants under subdivision
2 for the payment of principal or interest on any debt obligations for which a
district did not, prior to their issuance, obligate itself to be bound by the
provisions of this section.
Subd. 10. Continuing
disclosure agreements. The
commissioner of finance may enter into written agreements or contracts relating
to the continuing disclosure of information needed to facilitate the ability of
school districts or intermediate school districts to issue debt
obligations according to federal securities laws, rules, and regulations,
including securities and exchange commission rules and regulations, section
240.15c2-12. Such agreements or
contracts may be in any form the commissioner of finance deems reasonable and
in the state's best interests.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 31. Minnesota Statutes 2006, section 127A.45,
subdivision 16, is amended to read:
Subd. 16. Payments
to third parties. Notwithstanding
subdivision 3, the current year aid payment percentage of the amounts under
section 123A.26, subdivision 3 and section 124D.041, shall be paid in
equal installments on August 30, December 30, and March 30, with a final
adjustment payment on October 30 of the next fiscal year of the remaining amount.
Sec. 32. Minnesota Statutes 2007 Supplement, section
127A.49, subdivision 2, is amended to read:
Subd. 2. Abatements. Whenever by virtue of chapter 278, sections
270C.86, 375.192, or otherwise, the net tax capacity or referendum market value
of any district for any taxable year is changed after the taxes for that year
have been spread by the county auditor and the local tax rate as determined by
the county auditor based upon the original net tax capacity is applied upon the
changed net tax capacities, the county auditor shall, prior to February 1 of
each year, certify to the commissioner of education the amount of any resulting
net revenue loss that accrued to the district during the preceding year. Each year, the commissioner shall pay an
abatement adjustment to the district in an amount calculated according to the
provisions of this subdivision. This
amount shall be deducted from the amount of the levy authorized by section
126C.46. The amount of the abatement
adjustment must be the product of:
(1) the net revenue loss as
certified by the county auditor, times
(2) the ratio of:
(i) the sum of the amounts
of the district's certified levy in the third preceding year according to the
following:
(A) section 123B.57, if the
district received health and safety aid according to that section for the
second preceding year;
(B) section 124D.20, if the
district received aid for community education programs according to that
section for the second preceding year;
(C) section 124D.135,
subdivision 3, if the district received early childhood family education aid
according to section 124D.135 for the second preceding year;
(D) section 126C.17,
subdivision 6, if the district received referendum equalization aid according
to that section for the second preceding year;
(E) section 126C.13, if the
district received general education aid according to section 126C.13,
subdivision 4, paragraph (b), clause (1), of that section in the second
preceding year;
(F) (E) section 126C.10,
subdivision 13a, if the district received operating capital aid according to
section 126C.10, subdivision 13b, in the second preceding year;
(G) (F) section 126C.10,
subdivision 29, if the district received equity aid according to section
126C.10, subdivision 30, in the second preceding year;
(H) (G) section 126C.10,
subdivision 32, if the district received transition aid according to section
126C.10, subdivision 33, in the second preceding year;
(I) (H) section 123B.53,
subdivision 5, if the district received debt service equalization aid according
to section 123B.53, subdivision 6, in the second preceding year;
(J) (I) section 124D.22,
subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
(K) (J) section
123B.591, subdivision 3, if the district received deferred maintenance aid
according to section 123B.591, subdivision 4, in the second preceding year; and
(L) (K) section 126C.10,
subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a),
in the second preceding year; to
(ii) the total amount of the
district's certified levy in the third preceding December, plus or minus
auditor's adjustments.
Sec. 33. Minnesota Statutes 2007 Supplement, section
127A.49, subdivision 3, is amended to read:
Subd. 3. Excess
tax increment. (a) If a return of
excess tax increment is made to a district pursuant to sections 469.176,
subdivision 2, and 469.177, subdivision 9, or upon decertification of a tax
increment district, the school district's aid and levy limitations must be
adjusted for the fiscal year in which the excess tax increment is paid under
the provisions of this subdivision.
(b) An amount must be
subtracted from the district's aid for the current fiscal year equal to the
product of:
(1) the amount of the
payment of excess tax increment to the district, times
(2) the ratio of:
(i) the sum of the amounts
of the district's certified levy for the fiscal year in which the excess tax
increment is paid according to the following:
(A) section 123B.57, if the
district received health and safety aid according to that section for the
second preceding year;
(B) section 124D.20, if the
district received aid for community education programs according to that
section for the second preceding year;
(C) section 124D.135,
subdivision 3, if the district received early childhood family education aid
according to section 124D.135 for the second preceding year;
(D) section 126C.17,
subdivision 6, if the district received referendum equalization aid according
to that section for the second preceding year;
(E) section 126C.13, if the
district received general education aid according to section 126C.13,
subdivision 4, paragraph (b), clause (1), of that section in the second
preceding year;
(F) (E) section 126C.10,
subdivision 13a, if the district received operating capital aid according to
section 126C.10, subdivision 13b, in the second preceding year;
(G) (F) section 126C.10,
subdivision 29, if the district received equity aid according to section
126C.10, subdivision 30, in the second preceding year;
(H) (G) section 126C.10,
subdivision 32, if the district received transition aid according to section
126C.10, subdivision 33, in the second preceding year;
(I) (H) section 123B.53,
subdivision 5, if the district received debt service equalization aid according
to section 123B.53, subdivision 6, in the second preceding year;
(J) (I) section 124D.22,
subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
(K) (J) section
123B.591, subdivision 3, if the district received deferred maintenance aid
according to section 123B.591, subdivision 4, in the second preceding year; and
(L) (K) section 126C.10,
subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a),
in the second preceding year; to
(ii) the total amount of the
district's certified levy for the fiscal year, plus or minus auditor's
adjustments.
(c) An amount must be
subtracted from the school district's levy limitation for the next levy
certified equal to the difference between:
(1) the amount of the distribution
of excess increment; and
(2) the amount subtracted
from aid pursuant to clause (a).
If the aid and levy
reductions required by this subdivision cannot be made to the aid for the
fiscal year specified or to the levy specified, the reductions must be made
from aid for subsequent fiscal years, and from subsequent levies. The school district must use the payment of
excess tax increment to replace the aid and levy revenue reduced under this
subdivision.
(d) This subdivision applies
only to the total amount of excess increments received by a district for a
calendar year that exceeds $25,000.
Sec. 34. Laws 2007, chapter 146, article 2, section
46, subdivision 13, is amended to read:
Subd. 13. Preadvanced
placement, advanced placement, international baccalaureate, and concurrent
enrollment programs. For
preadvanced placement, advanced placement, international baccalaureate, and
concurrent enrollment programs under Minnesota Statutes, sections 120B.132 and
124D.091:
$6,500,000 . . . . . 2008
$6,500,000 . . . . . 2009
Of this amount, $2,500,000 each year is for
concurrent enrollment program aid under Minnesota Statutes, section
124D.091. If the appropriation is
insufficient, the commissioner must proportionately reduce the aid payment to
each district. Any balance in the
first year does not cancel but is available in the second year.
The base appropriation for fiscal year 2010
and later is $2,000,000.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 35.
Laws 2007, chapter 146, article 2, section 46, subdivision 14, is
amended to read:
Subd. 14.
Collaborative urban educator. For the collaborative urban educator grants
under Minnesota Statutes, section 122A.641 program:
$528,000 . . . . . 2008
$528,000 . . . . . 2009
$210,000 each year is for the Southeast Asian
teacher program at Concordia University, St. Paul; $159,000 each year is for
the collaborative urban educator program at the University of St. Thomas; and
$159,000 each year is for the Center for Excellence in Urban Teaching at
Hamline University. Grant recipients
must collaborate with urban and nonurban school districts.
Any balance in the first year does not cancel
but is available in the second year.
Sec. 36.
Laws 2007, chapter 146, article 2, section 46, subdivision 20, is
amended to read:
Subd. 20.
College-level examination program
(CLEP). For the college-level
examination program (CLEP) under Minnesota Statutes, section 120B.131:
$
1,650,000 850,000 .
. . . . 2008
$
1,650,000 500,000 .
. . . . 2009
Any balance in the first year does not cancel
but is available in the second year. This
is a onetime appropriation.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 37.
Laws 2007, chapter 146, article 3, section 23, subdivision 2, is amended
to read:
Subd. 2.
Report. (a) The task force must submit to the
education policy and finance committees of the legislature by February 15, 2008
2009, a report that identifies and clearly and concisely explains each
provision in state law or rule that exceeds or expands upon a minimum
federal requirement contained in law or regulation for providing special
education programs and services to eligible students. The report also must recommend which state provisions
statutes and rules that exceed or expand upon a minimum federal
requirement may be amended to conform with minimum federal requirements or
made more effective as determined by a majority of the task force members. The task force must recommend rules
governing the use of aversive and deprivation procedures by school district
employees or persons under contract with a school district. The task force expires when it submits its
report to the legislature.
(b) Consistent with subdivision 1, the
Department of Education member of the task force representing regulators shall
be replaced with a parent advocate selected by a statewide organization that
advocates on behalf of families with children with disabilities.
(c) The Department of Education must provide
technical assistance at the request of the task force.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 38.
Laws 2007, chapter 146, article 3, section 24, subdivision 9, is amended
to read:
Subd. 9.
Special Education Task Force. For the task force to compare federal and
state special education requirements:
$
20,000 40,000 .
. . . . 2008
Any balance in the first year does not cancel
but is available in the second year.
This is a onetime appropriation.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 39.
Laws 2007, chapter 146, article 5, section 11, subdivision 1, is amended
to read:
Subdivision 1. Fiscal year 2007
replacement aid. Independent School
District No. 2899, Plainview-Elgin-Millville, is eligible for replacement aid
revenue to offset its excess fund balance penalty for fiscal year
2007. The aid adjustment must be
made under Laws 2007, chapter 146, article 5, section 13, subdivision 5. The levy adjustment of $6,600 must be
included as part of the district's property taxes for taxes payable in 2009.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 40.
Laws 2007, chapter 146, article 5, section 13, subdivision 3, is amended
to read:
Subd. 3.
Traditional school breakfast;
kindergarten milk. For traditional
school breakfast aid and kindergarten milk under Minnesota Statutes, sections
124D.1158 and 124D.118:
$
5,460,000 5,583,000 .
. . . . 2008
$
5,695,000 6,396,000 .
. . . . 2009
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 41.
Laws 2007, chapter 146, article 7, section 4, is amended to read:
Sec. 4.
APPROPRIATIONS; DEPARTMENT OF
EDUCATION.
Subdivision 1. Department of Education. Unless otherwise indicated, the sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2.
Department. (a) For the Department of Education:
$22,169,000 . . . . . 2008
$
22,653,000 21,811,000 .
. . . . 2009
Any balance in the first year does not cancel
but is available in the second year.
(b) $7,000 in fiscal year 2008 is for GRAD
test rulemaking.
(c) $7,000 in fiscal year 2008 is for
rulemaking under section 3.
(d) $40,000 each year is for an early hearing
loss intervention coordinator under Minnesota Statutes, section 125A.63,
subdivision 5. If the department
expends federal funds to employ a hearing loss coordinator under Minnesota
Statutes, section 125.63, subdivision 5, then the appropriation under this
paragraph is reallocated for purposes of employing a world languages
coordinator.
(e) $260,000 each year is for the Minnesota
Children's Museum.
(f) $41,000 each year is for the Minnesota
Academy of Science.
(g) $619,000 in fiscal year 2008 and $632,000
in fiscal year 2009 are for the Board of Teaching.
(h) $163,000 in fiscal year 2008 and $171,000
in fiscal year 2009 are for the Board of School Administrators.
(i) $50,000 each year is for the Duluth
Children's Museum.
(j) The expenditures of federal grants and
aids as shown in the biennial budget document and its supplements are approved
and appropriated and shall be spent as indicated.
(k) None of the amounts appropriated under
this subdivision may be used for Minnesota's Washington, D.C., office.
(1) $50,000 in fiscal year 2009 is for an
advisory task force for determining how the educational achievement of
low-income students and students of color is impacted by education issues
related to rigorous preparation and coursework, educators' professional
development, English language learners, special education, GRAD tests, and the
use of valid and reliable data on student preparation for postsecondary
academic and career opportunities. This
amount is not added to the base appropriation for fiscal year 2010 and
later. The department shall not expend
any funds unless a match of an equal amount of nonstate funds has been received
for this purpose.
(m) The base for fiscal year 2010 and later is
$21,761,000.
Sec. 42.
Laws 2007, chapter 146, article 9, section 17, subdivision 4, is amended
to read:
Subd. 4.
Health and developmental
screening aid. For health and
developmental screening aid under Minnesota Statutes, sections 121A.17 and
121A.19:
$
3,159,000 2,624,000 .
. . . . 2008
$
3,330,000 3,592,000 .
. . . . 2009
The 2008 appropriation includes $288,000 for
2007 and $2,871,000 $2,336,000 for 2008.
The 2009 appropriation includes $319,000
$259,000 for 2008 and $3,011,000 $3,333,000 for 2009.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 43.
Laws 2007, First Special Session chapter 2, article 1, section 11,
subdivision 1, is amended to read:
Subdivision 1. Total Appropriation $ 584,000 148,000
The appropriations in this
section are from the general fund. The
amounts that may be spent for each purpose are specified in the following
subdivisions.
Sec. 44. Laws 2007,
First Special Session chapter 2, article 1, section 11, subdivision 2, is
amended to read:
Subd. 2. Independent School District No. 239,
Rushford-Peterson
(a) Flood Enrollment Impact Aid 89,000
The commissioner of
education shall pay to the school district flood enrollment impact aid equal to
$5,394 times the number of pupils lost as a result of the floods of August
2007. The district must provide to the
commissioner of education documentation of the number of pupils in average
daily membership lost as a result of the flood.
(b) Disaster Relief Facilities Grant 250,000
For facilities cleanup,
repair, and replacement costs related to the floods of August 2007 not covered
by the district's insurance settlement or through Federal Emergency Management
Agency payments. The commissioner of
education may request the school district to provide necessary information
before awarding a grant.
(c) Pupil Transportation Aid 40,000
For increased costs
associated with transporting students as a result of the floods of August 2007.
Sec. 45. Laws 2007,
First Special Session chapter 2, article 1, section 11, subdivision 6, is
amended to read:
Subd. 6. Disaster Relief Facilities Grants to Other
Districts 90,000
14,000
For facilities cleanup,
repair, and replacement costs related to the floods of August 2007 not covered
by the district's insurance settlement or through Federal Emergency Management
Agency payments. The commissioner of
education may request the school district to provide necessary information
before awarding a grant. School
districts not included in subdivisions 2 to 5 must be given priority in the
allocation of this appropriation.
Sec. 46. FUND
TRANSFERS.
Subdivision 1. Capital account
transfers. Notwithstanding
any law to the contrary, on June 30, 2008, a school district may transfer money
from its reserved for operating capital account to its undesignated balance in
the general fund. The amount
transferred by any school district must not exceed $51 times the district's
adjusted marginal cost pupil units for fiscal year 2007. This transfer may occur only after the
school board has adopted a written resolution stating the amount of the
transfer and declaring that the school district's operating capital needs are
being met.
Subd. 2. Balaton school
district. Notwithstanding
Minnesota Statutes, section 123B.79 or 123B.80, or subdivision 1, on June 30,
2008, Independent School District No. 411, Balaton, may transfer up to $70,000
from its reserved for operating capital account to its undesignated general
fund balance.
Subd. 3. East Central school
district. Notwithstanding
Minnesota Statutes, section 123B.79 or 123B.80, or subdivision 1, on June 30,
2008, Independent School District No. 2580, East Central, may transfer up to
$300,000 from its reserved for operating capital account to its undesignated
general fund balance.
Subd. 4. Hills-Beaver Creek
school district. (a)
Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80, on June 30,
2008, Independent School District No. 671, Hills-Beaver Creek, may transfer up
to $260,000 from its reserved for disabled accessibility account to its
undesignated general fund balance without making a levy reduction.
(b) Notwithstanding
Minnesota Statutes, section 123B.79 or 123B.80, on June 30, 2008, Independent
School District No. 671, Hills-Beaver Creek, may transfer up to $100,000 from
its reserved for operating capital account to its undesignated general fund
balance without making a levy reduction.
Subd. 5. Rocori school district. Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, on June 30, 2008, Independent School District No.
750, Rocori, may transfer up to $82,000 from its reserved for disabled
accessibility account to its undesignated general fund balance without making a
levy reduction.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 47. ONETIME
GENERAL EDUCATION REVENUE INCREASE; FISCAL YEAR 2009 ONLY.
A school district's general
education revenue under Minnesota Statutes, section 126C.10, is increased for
fiscal year 2009 only by an amount equal to $51 times the district's adjusted
marginal cost pupil units for that year.
Sec. 48. PRIORITY
FOR NEW ALTERNATIVE COMPENSATION SCHOOL DISTRICTS AND CHARTER SCHOOLS, FISCAL
YEARS 2009 TO 2010.
(a) Notwithstanding
Minnesota Statutes, sections 122A.413; 122A.414; 122A.415; 122A.416; and
126C.10, subdivisions 34, 35, and 36, for fiscal years 2009 and 2010 only, for
school sites, school districts, or charter schools that had not applied as of
March 20, 2008, to participate in the alternative teacher pay program, the
Department of Education must authorize alternative compensation funding for
applicants according to paragraphs (b) and (c).
(b) For fiscal year 2009,
the Department of Education shall qualify eligible school sites, school districts,
and charter schools for alternative compensation revenue in the order of
receipt of applications received after March 20, 2008, provided that the total
alternative compensation aid entitlement authorized under this paragraph does
not exceed $11,397,000.
(c) In addition to the
amounts authorized in paragraph (b), for fiscal year 2010, the Department of
Education shall qualify eligible school sites, school districts, and charter
schools for alternative compensation revenue in the order of receipt of applications
received after March 20, 2008, provided that the total alternative compensation
aid entitlement authorized under this paragraph does not exceed $2,899,000.
Sec. 49. VIRGINIA
SCHOOL DISTRICT; EMERGENCY REPAIRS.
Independent School District
No. 701, Virginia, may levy up to $100,000 for emergency facilities
repairs. This authority is in addition
to any other levy authority granted to the district. The levy proceeds received under this section must be recognized
in fiscal year 2009.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 only.
Sec. 50. EQUALIZING
FACTORS.
The commissioner shall
adjust each referendum market value equalizing factor established under
Minnesota Statutes, chapter 126C, by dividing the equalizing factor by the
ratio of the statewide referendum market value as calculated using the
definition of referendum market value that was in effect prior to the 2008
legislative session for assessment year 2008 to the statewide referendum market
value that is in effect after the 2008 legislative session for that assessment
year.
EFFECTIVE DATE. This section is effective for taxes levied in 2009, payable in
2010, and thereafter.
Sec. 51. APPROPRIATIONS.
Subdivision 1. Department of
Education. The sums indicated
in this section are appropriated from the general fund, unless otherwise
indicated, to the Department of Education for the fiscal years designated.
Subd. 2. Additional general education revenue. For additional general education aid:
$26,804,000 . . . . . 2009
This appropriation is in addition to any
other appropriation for this purpose.
This 2009 appropriation includes $0 for 2008
and $26,804,000 for 2009.
Subd. 3. Independent School District No. 239,
Rushford-Peterson. For
school district flood enrollment impact aid as a result of the floods of August
2007.
$158,000 . . . . . 2009
The base appropriation for fiscal year 2010
is $158,000. The base appropriation for
later years is zero.
The district must provide to the commissioner
of education documentation of the additional pupil transportation costs and the
number of pupils in average daily membership lost as a result of the flood.
Up to $40,000 is for increased costs
associated with transporting students as a result of the floods of August 2007.
Subd. 4. Lancaster. For a grant to Independent School
District No. 356, Lancaster, to replace the loss of sparsity revenue:
$100,000 . . . . . 2009
The base appropriation for fiscal years 2010
and 2011 is $100,000 per year. The base
appropriation for later fiscal years is zero.
Subd. 5. Principal's Leadership Institute. For a grant to the Principal's Leadership
Institute under Minnesota Statutes, section 122A.74:
$275,000 . . . . . 2009
This is a onetime appropriation.
Subd. 6. Board of Teaching; licensure by
portfolio. For the Board of
Teaching for licensure by portfolio:
$17,000 . . . . . 2009
This appropriation is from the educator
licensure portfolio account of the special revenue fund.
Subd. 7. Minnesota Humanities Commission. For a grant to the Minnesota Humanities
Commission.
$275,000 . . . . . 2009
This is a onetime appropriation.
Sec. 52.
REPEALER.
(a) Minnesota Statutes 2006, section 126C.21,
subdivision 1, is repealed for revenue for fiscal year 2010 and later.
(b) Minnesota Statutes 2006, section 127A.45,
subdivision 7a, is repealed.
(c) Laws 2007, First Special Session chapter
2, article 1, section 11, subdivisions 3, and 4, are repealed.
ARTICLE 3
EDUCATION FORECAST ADJUSTMENTS
Section 1.
Laws 2007, chapter 146, article 1, section 24, subdivision 2, is amended
to read:
Subd. 2. General education aid. For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:
$ 5,618,342,000 5,600,647,000 . . . . . 2008
$
5,618,342,000 5,649,098,000 .
. . . . 2009
The 2008 appropriation includes $531,733,000
$536,251,000 for 2007 and $5,073,250,000 $5,064,396,000 for
2008.
The 2009 appropriation includes $546,314,000
$543,752,000 for 2008 and $5,072,028,000 $5,105,346,000 for
2009.
Sec. 2.
Laws 2007, chapter 146, article 1, section 24, subdivision 3, is amended
to read:
Subd. 3.
Referendum tax base replacement
aid. For referendum tax base
replacement aid under Minnesota Statutes, section 126C.17, subdivision 7a:
$
870,000 861,000 .
. . . . 2008
The 2008 appropriation includes $870,000
$861,000 for 2007 and $0 for 2008.
Sec. 3.
Laws 2007, chapter 146, article 1, section 24, subdivision 4, is amended
to read:
Subd. 4.
Enrollment options
transportation. For transportation
of pupils attending postsecondary institutions under Minnesota Statutes,
section 124D.09, or for transportation of pupils attending nonresident
districts under Minnesota Statutes, section 124D.03:
$
95,000 48,000 .
. . . . 2008
$
97,000 50,000 .
. . . . 2009
Sec. 4.
Laws 2007, chapter 146, article 1, section 24, subdivision 5, is amended
to read:
Subd. 5.
Abatement revenue. For abatement aid under Minnesota Statutes,
section 127A.49:
$
1,343,000 1,333,000 .
. . . . 2008
$
1,347,000 1,629,000 .
. . . . 2009
The 2008 appropriation includes $76,000 for
2007 and $1,267,000 $1,257,000 for 2008.
The 2009 appropriation includes $140,000
$139,000 for 2008 and $1,207,000 $1,490,000 for 2009.
Sec. 5.
Laws 2007, chapter 146, article 1, section 24, subdivision 6, is amended
to read:
Subd. 6.
Consolidation transition. For districts consolidating under Minnesota
Statutes, section 123A.485:
$
565,000 240,000 .
. . . . 2008
$
212,000 339,000 .
. . . . 2009
The 2008 appropriation includes $43,000 for
2007 and $522,000 $197,000 for 2008.
The 2009 appropriation includes $57,000
$21,000 for 2008 and $155,000 $318,000 for 2009.
Sec. 6.
Laws 2007, chapter 146, article 1, section 24, subdivision 7, is amended
to read:
Subd. 7.
Nonpublic pupil education aid. For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.40 to 123B.43, and 123B.87:
$
16,290,000 15,601,000 .
. . . . 2008
$
16,620,000 16,608,000 .
. . . . 2009
The 2008 appropriation includes $1,606,000
$1,214,000 for 2007 and $14,684,000 $14,387,000 for 2008.
The 2009 appropriation includes $1,631,000
$1,598,000 for 2008 and $14,989,000 $15,010,000 for 2009.
Sec. 7.
Laws 2007, chapter 146, article 1, section 24, subdivision 8, is amended
to read:
Subd. 8.
Nonpublic pupil transportation. For nonpublic pupil transportation aid under
Minnesota Statutes, section 123B.92, subdivision 9:
$
21,551,000 20,755,000 .
. . . . 2008
$
21,392,000 21,007,000 .
. . . . 2009
The 2008 appropriation includes $2,124,000
for 2007 and $19,427,000 $18,631,000 for 2008.
The 2009 appropriation includes $2,158,000
$2,070,000 for 2008 and $19,234,000 $18,937,000 for 2009.
B. EDUCATION EXCELLENCE
Sec. 8.
Laws 2007, chapter 146, article 2, section 46, subdivision 2, is amended
to read:
Subd. 2.
Charter school building lease
aid. For building lease aid under
Minnesota Statutes, section 124D.11, subdivision 4:
$
31,875,000 32,817,000 .
. . . . 2008
$
36,193,000 37,527,000 .
. . . . 2009
The 2008 appropriation includes $2,814,000
for 2007 and $29,061,000 $30,003,000 for 2008.
The 2009 appropriation includes $3,229,000
$3,333,000 for 2008 and $32,964,000 $34,194,000 for 2009.
Sec. 9.
Laws 2007, chapter 146, article 2, section 46, subdivision 3, is amended
to read:
Subd. 3.
Charter school startup cost aid. For charter school startup cost aid under
Minnesota Statutes, section 124D.11:
$
1,896,000 1,801,000 .
. . . . 2008
$
2,161,000 1,987,000 .
. . . . 2009
The 2008 appropriation includes $241,000
$239,000 for 2007 and $1,655,000 $1,562,000 for 2008.
The 2009 appropriation includes $183,000
$173,000 for 2008 and $1,978,000 $1,814,000 for 2009.
Sec. 10.
Laws 2007, chapter 146, article 2, section 46, subdivision 4, is amended
to read:
Subd. 4.
Integration aid. For integration aid under Minnesota
Statutes, section 124D.86, subdivision 5:
$
61,769,000 59,036,000 .
. . . . 2008
$
61,000,000 62,448,000 .
. . . . 2009
The 2008 appropriation includes $5,824,000
for 2007 and $55,945,000 $53,212,000 for 2008.
The 2009 appropriation includes $6,216,000
$5,912,000 for 2008 and $54,784,000 $56,536,000 for 2009.
Sec. 11.
Laws 2007, chapter 146, article 2, section 46, subdivision 6, is amended
to read:
Subd. 6.
Interdistrict desegregation or
integration transportation grants.
For interdistrict desegregation or integration transportation grants
under Minnesota Statutes, section 124D.87:
$
9,639,000 9,901,000 .
. . . . 2008
$
11,567,000 11,881,000 .
. . . . 2009
Sec. 12.
Laws 2007, chapter 146, article 2, section 46, subdivision 9, is amended
to read:
Subd. 9.
Tribal contract schools. For tribal contract school aid under
Minnesota Statutes, section 124D.83:
$
2,238,000 2,207,000 .
. . . . 2008
$
2,422,000 2,392,000 .
. . . . 2009
The 2008 appropriation includes $204,000 for
2007 and $2,034,000 $2,003,000 for 2008.
The 2009 appropriation includes $226,000
$222,000 for 2008 and $2,196,000 $2,170,000 for 2009.
C. SPECIAL PROGRAMS
Sec. 13.
Laws 2007, chapter 146, article 3, section 24, subdivision 3, is amended
to read:
Subd. 3.
Aid for children with
disabilities. For aid under
Minnesota Statutes, section 125A.75, subdivision 3, for children with
disabilities placed in residential facilities within the district boundaries
for whom no district of residence can be determined:
$
1,538,000 2,086,000 .
. . . . 2008
$
1,729,000 2,282,000 .
. . . . 2009
If the appropriation for either year is
insufficient, the appropriation for the other year is available.
Sec. 14.
Laws 2007, chapter 146, article 3, section 24, subdivision 4, is amended
to read:
Subd. 4.
Travel for home-based services. For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:
$
254,000 207,000 .
. . . . 2008
$
284,000 227,000 .
. . . . 2009
The 2008 appropriation includes $22,000 for
2007 and $232,000 $185,000 for 2008.
The 2009 appropriation includes $25,000
$20,000 for 2008 and $259,000 $207,000 for 2009.
D. FACILITIES AND TECHNOLOGY
Sec. 15.
Laws 2007, chapter 146, article 4, section 16, subdivision 2, is amended
to read:
Subd. 2.
Health and safety revenue. For health and safety aid according to
Minnesota Statutes, section 123B.57, subdivision 5:
$
190,000 254,000 .
. . . . 2008
$
179,000 103,000 .
. . . . 2009
The 2008 appropriation includes $20,000 for
2007 and $170,000 $234,000 for 2008.
The 2009 appropriation includes $18,000
$26,000 for 2008 and $161,000 $77,000 for 2009.
Sec. 16.
Laws 2007, chapter 146, article 4, section 16, subdivision 3, is amended
to read:
Subd. 3.
Debt service equalization. For debt service aid according to Minnesota
Statutes, section 123B.53, subdivision 6:
$
14,813,000 14,814,000 .
. . . . 2008
$
11,124,000 9,109,000 .
. . . . 2009
The 2008 appropriation includes $1,767,000
$1,766,000 for 2007 and $13,046,000 $13,048,000 for 2008.
The 2009 appropriation includes $1,450,000
$1,449,000 for 2008 and $9,674,000 $7,660,000 for 2009.
Sec. 17.
Laws 2007, chapter 146, article 4, section 16, subdivision 6, is amended
to read:
Subd. 6.
Deferred maintenance aid. For deferred maintenance aid, according to
Minnesota Statutes, section 123B.591, subdivision 4:
$
3,290,000 3,232,000 .
. . . . 2008
$
2,667,000 2,627,000 .
. . . . 2009
The 2008 appropriation includes $0 for 2007
and $3,290,000 $3,232,000 for 2008.
The 2009 appropriation includes $365,000
$359,000 for 2008 and $2,302,000 $2,268,000 for 2009.
Sec. 18.
Laws 2007, chapter 146, article 4, section 16, subdivision 8, is amended
to read:
Subd. 8.
School technology and operating
capital aid grants. For school
technology and operating capital grants under section 11:
$
38,145,000 38,236,000 .
. . . . 2008
$
52,676,000 52,454,000 .
. . . . 2009
This is a onetime appropriation.
E. NUTRITION AND ACCOUNTING
Sec. 19.
Laws 2007, chapter 146, article 5, section 13, subdivision 2, is amended
to read:
Subd. 2.
School lunch. For school lunch aid according to Minnesota
Statutes, section 124D.111, and Code of Federal Regulations, title 7, section
210.17:
$
12,022,000 12,094,000 .
. . . . 2008
$
12,166,000 12,394,000 .
. . . . 2009
Sec. 20.
Laws 2007, chapter 146, article 5, section 13, subdivision 4, is amended
to read:
Subd. 4.
Summer food service replacement
aid. For summer food service
replacement aid under Minnesota Statutes, section 124D.119:
$
150,000 127,000 .
. . . . 2008
$150,000 . . . . . 2009
F. EARLY CHILDHOOD AND ADULT PROGRAMS
Sec. 21.
Laws 2007, chapter 146, article 9, section 17, subdivision 2, is amended
to read:
Subd. 2.
Early childhood family education
aid. For early childhood family
education aid under Minnesota Statutes, section 124D.135:
$
21,106,000 21,092,000 .
. . . . 2008
$
29,601,000 29,324,000 .
. . . . 2009
The 2008 appropriation includes $1,796,000
for 2007 and $19,310,000 $19,296,000 for 2008.
The 2009 appropriation includes $2,145,000
$2,144,000 for 2008 and $27,456,000 $27,180,000 for 2009.
Sec. 22.
Laws 2007, chapter 146, article 9, section 17, subdivision 3, is amended
to read:
Subd. 3.
School readiness. For revenue for school readiness programs
under Minnesota Statutes, sections 124D.15 and 124D.16:
$
9,995,000 9,987,000 .
. . . . 2008
$10,095,000 . . . . . 2009
The 2008 appropriation includes $909,000
$901,000 for 2007 and $9,086,000 for 2008.
The 2009 appropriation includes $1,009,000
for 2008 and $9,086,000 for 2009.
Sec. 23.
Laws 2007, chapter 146, article 9, section 17, subdivision 8, is amended
to read:
Subd. 8.
Community education aid. For community education aid under Minnesota
Statutes, section 124D.20:
$
1,307,000 1,299,000 .
. . . . 2008
$
816,000 796,000 .
. . . . 2009
The 2008 appropriation includes $195,000 for
2007 and $1,112,000 $1,104,000 for 2008.
The 2009 appropriation includes $123,000
$122,000 for 2008 and $693,000 $674,000 for 2009.
Sec. 24.
Laws 2007, chapter 146, article 9, section 17, subdivision 9, is amended
to read:
Subd. 9.
Adults with disabilities program
aid. For adults with disabilities
programs under Minnesota Statutes, section 124D.56:
$
710,000 709,000 .
. . . . 2008
$710,000 . . . . . 2009
The 2008 appropriation includes $71,000
$70,000 for 2007 and $639,000 for 2008.
The 2009 appropriation includes $71,000 for
2008 and $639,000 for 2009.
School districts operating existing adults with
disabilities programs that are not fully funded shall receive full funding for
the program beginning in fiscal year 2008 before the commissioner awards grants
to other districts.
Sec. 25.
Laws 2007, chapter 146, article 9, section 17, subdivision 13, is
amended to read:
Subd. 13.
Adult basic education aid. For adult basic education aid under
Minnesota Statutes, section 124D.531:
$
40,347,000 40,344,000 .
. . . . 2008
$
41,745,000 41,712,000 .
. . . . 2009
The 2008 appropriation includes $3,759,000
for 2007 and $36,588,000 $36,585,000 for 2008.
The 2009 appropriation includes $4,065,000
for 2008 and $37,680,000 $37,647,000 for 2009.
ARTICLE 4
HIGHER EDUCATION
Section 1. SUMMARY OF APPROPRIATIONS.
The
amounts shown in this section summarize direct appropriations from the general
fund made in this article.
2008 2009 Total
Minnesota Office of Higher
Education $-0- $(1,381,000) $(1,381,000)
Board of Trustees of the
Minnesota
State Colleges and Universities (1,000,000) (6,880,000) (7,880,000)
Board of Regents of the
University of Minnesota (6,150,000) (6,150,000) (12,300,000)
Total $(7,150,000) $(14,411,000) $(21,561,000)
Sec.
2. APPROPRIATIONS.
The
sums shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2007, chapter
144, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from
the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures
"2008" and "2009" used in this article mean that the
addition to or subtraction from the appropriations listed under them are
available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. Supplemental
appropriations and reductions to appropriations for the fiscal year ending
June 30, 2008, are effective the day following final enactment. "The
first year" is fiscal year 2008. "The second year" is fiscal
year 2009. "The biennium" is fiscal years 2008 and 2009.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. MINNESOTA OFFICE OF HIGHER EDUCATION
Subdivision 1. Total Appropriation $-0- $(1,381,000)
The amounts that must be
reduced for each purpose are specified in the following subdivisions.
Subd. 2. Interstate Tuition Reciprocity -0- (250,000)
Subd. 3. Minnesota College Savings Plan -0- (1,020,000)
The budget base for the
Minnesota college savings plan for fiscal year 2010 is $1,020,000.
Subd. 4. Agency Administration -0- (111,000)
Subd. 5. Cancellation
By June 30, 2009, the
commissioner of finance shall cancel to the general fund $90,000 of the
appropriation in Laws 2005, chapter 107, article 1, section 2, subdivision 12,
to upgrade computer program application software related to state grant awards.
Subd. 6. Transfers In
The commissioner of finance
must transfer $18,000 to the general fund from the technology carryforward
account in the special revenue fund by June 30, 2008.
The commissioner of finance
must transfer $100,000 to the general fund from the private institutions
regulation accounts in the special revenue fund by June 30, 2009.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec.
4. BOARD
OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES
Subdivision 1. Total Appropriation $(1,000,000) $(6,880,000)
The amounts that must be
reduced or added for each purpose are specified in the following subdivisions.
Subd. 2. General Reduction (1,000,000) (7,600,000)
Of this reduction,
$5,000,000 is from the appropriations for technology and $1,000,000 is from the
central reserves. The remainder is from
the Office of the Chancellor budget.
The reductions in this
subdivision must not result in reductions to any of the campuses of the
Minnesota State Colleges and Universities, must not reduce the technology
expenditures or grants to the campuses, and must not increase any assessments
to the campuses from the Office of the Chancellor.
The Board of Trustees of the
Minnesota State Colleges and Universities must reallocate $9,000,000 of state
appropriations to reduce student tuition increases to two percent at state
colleges and three percent at state universities and must not increase student
fees beyond the amount that is currently planned for the next academic year.
The legislature intends that
by reducing tuition increases, the student's share of educational costs are
decreased and the state's share of educational costs are increased, consistent
with the funding policy in Minnesota Statutes, section 135A.01. The legislature's goal is to begin progress
over the next eight years to achieve a two-thirds state share of educational
costs and a one-third student share as specified in Minnesota Statutes, section
135A.01.
From the appropriation in
Laws 2007, chapter 144, article 1, section 4, subdivision 1, the Board of
Trustees shall allocate funding to campuses that lost revenue as a result of
the decision in this law to eliminate nonresident undergraduate tuition at
specified campuses.
Subd. 3. Power of You Program -0- 600,000
This appropriation is for
the continuation of the power of you program at Metropolitan State University,
Minneapolis Community and Technical College, and St. Paul College under
Minnesota Statutes, section 136F.19.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
The board of trustees shall
allocate the power of you funds to Metropolitan State University, Minneapolis
Community and Technical College, and St. Paul College.
The funds must be used for
financial aid for eligible students.
This appropriation is available to the extent it is matched with an
equal amount of nonstate money.
This is a onetime
appropriation.
Subd. 4. Teachers of Diverse Backgrounds
Financial Aid Pilot Program -0- 120,000
For a teachers of diverse
backgrounds financial aid pilot program, to be implemented by (1) Winona State
University in partnership with the Rochester school district and (2) St. Cloud
State University in partnership with the Robbinsdale school district, to
increase the diversity of teachers in school districts with a significant
concentration of minority students and attain the state's interest in enhancing
the academic achievement of diverse student populations.
A student is eligible to
receive a grant under this subdivision if the student has a demonstrated
interest and knowledge of diverse cultures.
A preference must be given to a student whose parents did not attend college.
Grants shall be made to
eligible students for the student's junior and senior years in a teacher
preparation program. Priority shall be
given to students who are eligible for a Pell grant or a state grant under
Minnesota Statutes, section 136A.121.
Applications must be submitted in the form and manner and with the
information required by Winona State University and St. Cloud State University.
Within the limits of the
appropriation, a student may receive a grant of up to $5,000 each year for a
maximum of two academic years or the equivalent if the student continues to
make satisfactory progress, as defined by the institution, toward a
baccalaureate degree in education.
This is a onetime
appropriation.
Subd. 5. System Base Reduced
The system base is reduced
by $7,700,000 each year in fiscal years 2010 and 2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 5. BOARD OF REGENTS OF THE UNIVERSITY OF
MINNESOTA
Subdivision 1. Total Appropriation $(6,150,000) $(6,150,000)
The amounts that must be
reduced or added for each purpose are specified in the following subdivisions.
Subd. 2. General Reduction (6,150,000) (6,150,000)
Subd. 3. Restriction on Tuition Increase
The Board of Regents must
not increase student tuition or fees beyond the amount currently planned for
the 2008-2009 academic year.
Subd. 4. System Base Reduced
The system base is reduced
by $8,700,000 in fiscal year 2010 and $8,700,000 in fiscal year 2011.
Sec. 6. Minnesota Statutes 2006, section 136A.101,
subdivision 8, is amended to read:
Subd. 8. Resident
student. "Resident
student" means a student who meets one of the following conditions:
(1) a student who has
resided in Minnesota for purposes other than postsecondary education for at
least 12 months without being enrolled at a postsecondary educational
institution for more than five credits in any term;
(2) a dependent student
whose parent or legal guardian resides in Minnesota at the time the student
applies;
(3) a student who graduated
from a Minnesota high school, if the student was a resident of Minnesota during
the student's period of attendance at the Minnesota high school and the student
is physically attending a Minnesota postsecondary educational institution;
(4) a student who, after
residing in the state for a minimum of one year, earned a high school
equivalency certificate in Minnesota;
(5) a member, spouse, or
dependent of a member of the armed forces of the United States stationed in
Minnesota on active federal military service as defined in section 190.05,
subdivision 5c;
(6) a spouse or dependent
of a veteran, as defined in section 197.447, if the veteran is a Minnesota
resident;
(7) a person or spouse of a
person who relocated to Minnesota from an area that is declared a presidential
disaster area within the preceding 12 months if the disaster interrupted the
person's postsecondary education; or
(7) (8) a person defined as a
refugee under United States Code, title 8, section 1101(a)(42), who, upon
arrival in the United States, moved to Minnesota and has continued to reside in
Minnesota.
Sec. 7. Minnesota Statutes 2007 Supplement, section
136A.121, subdivision 7a, is amended to read:
Subd. 7a. Surplus
appropriation. If the amount
appropriated is determined by the office to be more than sufficient to fund
projected grant demand in the second year of the biennium, the office may
increase the living and miscellaneous expense allowance in the second year of
the biennium by up to an amount that retains sufficient appropriations to fund
the projected grant demand. The
adjustment may be made one or more times.
In making the determination that there are more than sufficient funds,
the office shall balance the need for sufficient resources to meet the
projected demand for grants with the goal of fully allocating the appropriation
for state grants. An increase in the
living and miscellaneous expense allowance under this subdivision does not
carry forward into a subsequent biennium.
This subdivision expires June 30, 2009.
Sec. 8. [136F.19]
POWER OF YOU PROGRAM.
Subdivision 1. Establishment. The board shall establish and operate
through each campus a power of you program at Metropolitan State University,
Minneapolis Community and Technical College, and St. Paul College. The program shall, to the extent of
available funding, make grants to eligible students. Each campus shall develop partnerships with high schools and
school districts as part of the program.
The board may accept and expend private funding for the program.
Subd. 2. Grants. A campus shall establish procedures to
select recipients of grants. A grant
award shall be equal to the amount remaining after deducting the student's Pell
grant award and state grant award from the institution's tuition and mandatory
fee charges.
Subd. 3. Eligible students. A student is eligible to receive a grant
under this section if the student:
(1) is a graduate from a
public Minneapolis or St. Paul high school;
(2) is enrolled full time
immediately after graduation;
(3) was a participant in a
power of you program as a high school student; and
(4) is eligible for a Pell
grant or a state grant under section 136A.121.
Subd. 4. Information. The institutions implementing the power
of you program shall disseminate information to all MnSCU institutions about
their experience in implementing the program.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2006, section 136G.11,
subdivision 1, is amended to read:
Subdivision 1. Matching
grant qualification. By June 30
July 1 of each year, a state matching grant must be added to each
account established under the program if the following conditions are met:
(1) the contributor applies,
in writing in a form prescribed by the director, for a matching grant;
(2) a minimum contribution
of $200 was made during the preceding calendar year;
(3) the beneficiary's family
meets Minnesota college savings plan residency requirements; and
(4) the family income of the
beneficiary did not exceed $80,000.
EFFECTIVE DATE. This section is effective July 1, 2008, for payments due July
1, 2009, and thereafter.
Sec. 10. Minnesota Statutes 2006, section 299A.45,
subdivision 1, is amended to read:
Subdivision 1. Eligibility. Following certification A person
is eligible to receive educational benefits under this section if the person:
(1) is certified under section 299A.44 and in
compliance with this section and rules of the commissioner of public safety
and the Minnesota Office of Higher Education,;
(2) is enrolled in an
undergraduate degree or certificate program after June 30, 1990, at an eligible
Minnesota institution as provided in section 136A.101, subdivision 4;
(3) has not receive a
baccalaureate degree or been enrolled full time for ten semesters or the
equivalent, except that a student who withdraws from enrollment for active
military service is entitled to an additional semester or the equivalent of
eligibility; and
(4) is
related in one of the following ways to a public safety officer killed in the
line of duty on or after January 1, 1973:
(i) as a dependent children
child less than 23 years of age and the;
(ii) as a surviving spouse of a
public safety officer killed in the line of duty on or after January 1, 1973,
are eligible to receive educational benefits under this section. To qualify for an award, they must be
enrolled in undergraduate degree or certificate programs after June 30, 1990,
at an eligible Minnesota institution as provided in section 136A.101,
subdivision 4. A student who withdraws
from enrollment for active military service is entitled to an additional
semester or the equivalent of grant eligibility. Persons who have received a baccalaureate degree or have been
enrolled full time or the equivalent of ten semesters or the equivalent,
whichever occurs first, are no longer eligible.; or
(iii) as a dependent child
less than 30 years of age who has served on active military duty 181
consecutive days or more and has been honorably discharged or released to the
dependent child's reserve or National Guard unit.
Sec. 11. Laws 2007, chapter 144, article 1, section
3, subdivision 2, is amended to read:
Subd. 2. State Grants 147,400,000 144,138,000
If the appropriation in this
subdivision for either year is insufficient, the appropriation for the other
year is available for it.
For the biennium, the
tuition maximum for students in four-year programs is $9,838 in each year for
students in four-year programs, and for students in two-year programs, is
$6,114 in the first year and $5,808 in the second year.
This appropriation sets the
living and miscellaneous expense allowance at $5,900 each the first
year and $6,200 the second year.
Sec. 12. Laws 2007,
chapter 144, article 1, section 5, subdivision 5, is amended to read:
Subd. 5. University of Minnesota and Mayo Foundation
Partnership 25,000,000 -0-
For the direct and indirect
expenses of the collaborative research partnership between the University of
Minnesota and the Mayo Foundation for research in biotechnology and medical
genomics. For fiscal years 2010 and
2011, the base shall be $8,000,000 in each year. This appropriation is available until expended. An annual report on the expenditure of these
funds must be submitted to the governor, the chair of the house bioscience
and emerging technologies committee, and the chairs of the senate and house
committees responsible for higher education and economic development by June 30
of each fiscal year. At a minimum,
the report must include information on the number of patents, disclosures, and
licensing agreements; the amount generated in royalties and how the royalty
money is spent; and the number of companies created, where they are located,
how many jobs are created, and the amount of venture capital raised.
ARTICLE 5
ENVIRONMENT AND NATURAL
RESOURCES
Section 1. SUMMARY OF APPROPRIATIONS.
The
amounts shown in this section summarize direct appropriations, by fund, made in
this article.
2008 2009 Total
General $(328,000) $(2,728,000) $(3,056,000)
Environmental -0- 134,000 134,000
Natural Resources 50,000 2,523,000 2,573,000
Game and Fish 123,000 631,000 754,000
Total $(155,000) $560,000 $405,000
Sec.
2. APPROPRIATIONS.
The
sums shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2007, chapter
57, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from
the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures
"2008" and "2009" used in this article mean that the
addition to or subtraction from the appropriation listed under them is
available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. Supplemental
appropriations and reductions to appropriations for the fiscal year ending June
30, 2008, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. POLLUTION CONTROL AGENCY $-0- $(469,000)
Appropriations by Fund
General -0- (603,000)
Environmental Fund -0- 134,000
$623,000 is a reduction in
2009. The commissioner shall make the
reduction to administrative activities in a way to minimize the effect to
program operations.
$134,000 in 2009 is
appropriated from the environmental fund for the development and adoption of
rules to regulate emission standards of motor vehicles sold in this state as
authorized under the federal Clean Air Act, United States Code, title 42,
section 7507. The base for fiscal years
2010 and 2011 is $114,000.
$20,000 in 2009 is
appropriated from the general fund for the following purposes:
(1) the development of
recommendations for establishing a comprehensive product stewardship approach
to reducing environmental and health risks posed by the use or disposal of
products. These recommendations shall
be submitted to the chairs and ranking minority members of the senate and house
committees with jurisdiction over environmental policy and environmental
finance by January 15, 2009. The
recommendations shall include, at a minimum:
a set of criteria to be used to evaluate products proposed for product
stewardship solutions; a process for designating products for product
stewardship solutions and the role the legislature would play in that process;
typical components of product stewardship plans; options to facilitate the
creation of industry-managed stewardship management organizations; methods to
identify and monitor progress toward stewardship performance goals for specific
products; and strategies to implement the use of standards, certifications, and
eco-labels to promote environmentally preferable products. To the extent possible, the recommendations
must be consistent with existing product stewardship programs in North
America. In developing the
recommendations, the commissioner must consult with manufacturers, retailers,
recyclers, environmental advocacy organizations, local units of government, and
other interested parties;
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(2) a report to be submitted
by December 1, 2008, to the chairs and ranking minority members of the senate
and house committees with primary jurisdiction over solid waste policy,
analyzing the availability of collection and processing capacity in the
seven-county metropolitan area for the recycling of construction and demolition
waste. The report must recommend a
percentage of the total weight of construction and demolition waste generated
in the seven-county metropolitan area that represents an achievable but
aggressive recycling goal that can be reached in 2012 and must include an
analysis of the economic and environmental costs and benefits of reaching that
goal; and
(3) a report to be submitted
by January 1, 2009, to the chairs and ranking minority members of the senate
and house committees with primary jurisdiction over solid waste policy, that
recommends options for achieving the following goals by 2020: an increase in county recycling rates to 60
percent of the weight of total solid waste generation; and the diversion, prior
to delivery to landfills and waste-to-energy plants, and recycling and reuse of
an amount of source-separated compostable materials equal to 15 percent of
total solid waste generation. The
commissioner must obtain input from counties inside and outside the
seven-county metropolitan area, recycling and composting facilities, waste
haulers, environmental organizations, and other interested parties in preparing
the report. The report must also
contain estimates of the economic costs of implementing the strategies. This is a onetime appropriation.
Sec. 4. NATURAL RESOURCES
Subdivision 1. Total Appropriation $(155,000) $594,000
Appropriations by Fund
General (328,000) (2,260,000)
Natural Resources 50,000 2,223,000
Game and Fish 123,000 631,000
The appropriation additions
or reductions for each purpose are shown in the following subdivisions.
Subd. 2. Lands and Minerals -0- (225,000)
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Appropriations by Fund
General -0- (425,000)
Natural Resources -0- 200,000
$200,000 in 2009 is a
general reduction in lands and minerals administration.
$124,000 in 2009 is a
reduction from the appropriation for iron ore cooperative agreements.
$101,000 in 2009 is a
reduction from the appropriation for minerals diversification.
$200,000 in 2009 is
appropriated from the natural resources fund for the administration and
monitoring of permits to mine ferrous metals under Minnesota Statutes, section
93.481. By January 15, 2009, the
commissioner shall report to the legislature and the chairs of the senate and
house committees with jurisdiction over environment and natural resources
finance on the establishment of a permit to mine application fee schedule that
is based on the actual costs of issuing and monitoring individual permits and
any necessary legislation needed to cover the costs of issuing and monitoring
the permits for the next biennium.
Subd. 3. Water Resource Management (98,000) 10,000
Appropriations by Fund
General (98,000) (90,000)
Natural Resources -0- 100,000
$38,000 is a reduction in
2009 attributable to the modification of reporting requirements under Minnesota
Statutes, section 103A.43.
By January 15, 2009, the
Mississippi Headwaters Board, established under Minnesota Statutes, section
103F.367, shall submit a report to the chairs of the senate and house
committees and divisions with jurisdiction over the environment and natural
resources on how the board will meet its responsibility to protect and enhance
the Mississippi River and related shoreland as required by Minnesota Statutes,
section 103F.367. In preparing the
report, the Mississippi Headwaters Board shall hold two public input meetings
in the area.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$100,000 in 2009 is from the
water recreation account in the natural resources fund for rulemaking on
structures in public waters. This is a
onetime appropriation.
$22,000 in 2009 is a
reduction from the appropriation for ring dikes under Minnesota Statutes,
section 103F.161.
$30,000 is a reduction in
2009 from the appropriation for grants associated with the implementation of
the Red River mediation agreement.
$98,000 is a reduction in
2008 from a onetime appropriation for impaired waters.
Subd. 4. Forest Management -0- 250,000
$53,000 in 2009 is for the
Forest Resources Council to conduct a study of options and make recommendations
to the legislature for addressing the fragmentation and parcelization of large
blocks of private forest land in the state.
This is a onetime appropriation.
$197,000 in 2009 is for a
grant to the University of Minnesota for the Interagency Information Cooperative
to develop a common forest inventory format describing key attributes of
Minnesota's public forest land base, growth models for managed forest stands, a
forest wildlife habitat model format, and an information database on the
state's family forest ownership.
Subd. 5. Parks and Recreation Management 50,000 -0-
Appropriations by Fund
General -0- (220,000)
Natural Resources 50,000 220,000
$220,000 in 2009 is a
reduction for parks and recreation management.
$220,000 in 2009 is from the
state parks account in the natural resources fund to fund state park
operations, maintenance, resource management, educational services, and
associated support costs.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$50,000 in 2008 from the
natural resources fund is for grants to local units of government for up to 75
percent of the cost of meeting the equipment requirements for public pools
under Minnesota Statutes, section 144.1222, subdivision 1d, paragraph (a), if
enacted. The maximum grant is $10,000
per pool upgraded. Priority shall be
given to local government applicants seeking assistance in installing a
secondary suction or drainage outlet for the public pool where a fee is not
charged for use of the pool. The
commissioner shall consult with the commissioner of health in awarding the
grants. Of this amount, notwithstanding
the restrictions under Minnesota Statutes, section 297A.94, $25,000 is from the
revenue deposited in the natural resources fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (3), and $25,000 is from the revenue
deposited in the natural resources fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (4).
This is a onetime appropriation and is available until June 30, 2009.
Subd. 6. Trails and Waterways Management -0- 1,085,000
Appropriations by Fund
General -0- (50,000)
Natural Resources -0- 1,135,000
Beginning in 2009, $300,000
each year is from the all-terrain vehicle account in the natural resources fund
for monitoring and maintenance of newly designated trails.
$700,000 in 2009 is from the
natural resources fund for the development of the Virginia site and connecting
trails for the Iron Range Off-Highway Vehicle Recreation Area. Of this amount, $400,000 is from the
all-terrain vehicle account, $75,000 is from the off-highway motorcycle
account, $125,000 is from the off-road vehicle account, and $100,000 is from
the snowmobile trails and enforcement account. $300,000 is from federal money
allocated for motorized recreation.
This is a onetime appropriation.
The appropriation is available until expended for the design and
development of an underpass for off-highway vehicles on Highway 135 in the city
of Gilbert. None of these funds may be
expended until all property as identified in the master plan has been
acquired. This is a onetime
appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$100,000 in 2009 is from the
all-terrain vehicle account in the natural resources fund for a grant to the
city of Hoyt Lakes to convert the Moose Trail snowmobile trail to a dual usage
trail, so that it may also be used as an Off-Highway Vehicle trail connecting
the city of Biwabik to the Iron Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation.
$50,000 in 2009 is a
reduction from the appropriation for nonmotorized trails.
$35,000 in 2009 is from the
all-terrain vehicle account in the natural resources fund for all-terrain
vehicle grants-in-aid.
Subd. 7. Fish and Wildlife Management 123,000 119,000
Appropriations by Fund
General -0- (427,000)
Game and Fish 123,000 546,000
$329,000 in 2009 is a
reduction for fish and wildlife management.
$46,000 in 2009 is a
reduction in the appropriation for the Minnesota Shooting Sports Education
Center.
$52,000 in 2009 is a
reduction for licensing.
$123,000 in 2008 and
$246,000 in 2009 are from the game and fish fund to implement fish virus
surveillance, prepare infrastructure to handle possible outbreaks, and
implement control procedures for highest risk waters and fish production
operations. This is a onetime
appropriation.
Notwithstanding Minnesota
Statutes, section 297A.94, paragraph (e), $300,000 in 2009 is from the second
year appropriation in Laws 2007, chapter 57, article 1, section 4, subdivision
7, from the heritage enhancement account in the game and fish fund to study,
predesign, and design shooting sports facilities at the Vermillion Highlands
Wildlife Management Area authorized by Laws 2007, chapter 57, article 1,
section 168. This is available onetime
only and is available until expended.
$300,000 in 2009 is
appropriated from the game and fish fund for only activities that improve,
enhance, or protect fish and wildlife resources. This is a onetime appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 8. Ecological Services (230,000) -0-
$230,000 in 2008 is a
reduction from the appropriation for impaired waters.
By June 30, 2008, the
commissioner of finance shall transfer $594,000 from the water recreation
account in the natural resources fund to the invasive species account in the
natural resources fund for invasive species-related expenses.
Subd. 9. Enforcement -0- 110,000
Appropriations by Fund
General -0- (543,000)
Natural Resources -0- 568,000
Game and Fish -0- 85,000
$543,000 in 2009 is a
reduction in enforcement operations. $75,000 of this reduction is for
conservation officer recruiting and $85,000 of this reduction is for advanced
hunter education.
$383,000 in 2009 is from the
water recreation account in the natural resources fund for enforcement
operations.
$185,000 in 2009 is from the
all-terrain vehicle account in the natural resources fund for grants to county
law enforcement agencies for all-terrain vehicle enforcement and public
education activities based on all-terrain vehicle use in the county.
$85,000 in 2009 is from the
game and fish fund for advanced hunter education.
Subd. 10. Operations Support -0- (755,000)
$755,000 is a reduction to
the department's administration costs in fiscal year 2009. The commissioner shall make these reductions
throughout the agency through reduction in travel, administrative costs, and
vacancy management.
The department's
administration base is reduced by $255,000 in fiscal years 2010 and 2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 5. BOARD OF WATER AND SOIL RESOURCES
$-0- $235,000
$200,000 in 2009 is a
reduction from the appropriation for county cooperative weed management
programs.
$47,000 is a reduction in
2009 from the appropriation for cost-sharing contracts to establish native
buffers. This is a onetime reduction.
$68,000 in 2009 is a
reduction from the appropriation for the drainage assistance program.
$450,000 in 2009 is for
implementing rehabilitation, erosion, and sediment control projects in the area
included in DR-1717. Funds appropriated
or transferred and waivers previously authorized to the board for DR-1717 flood
relief and recovery as provided in Laws 2007, First Special Session chapter 2,
are available and applicable until June 30, 2010. The board may use money from this appropriation to implement
federal funding for projects in the area.
The base for 2010 is $275,000 and the base for 2011 is $0. This appropriation is available until
expended.
$100,000 in 2009 is for a
grant to the Star Lake Board established in new Minnesota Statutes, section
103B.702. The board may use up to ten
percent of the appropriation for administration and initial meeting of the Star
Lake Board. This is a onetime
appropriation.
To the extent possible
prairie restorations paid for in whole or in part by appropriations to the
board must be made using best management practices for native prairie restoration
as defined in Minnesota Statutes, section 84.02, subdivision 2.
Sec. 6. METROPOLITAN COUNCIL $-0- $200,000
Appropriations by Fund
General -0- (100,000)
Natural Resources -0- 300,000
$300,000 in fiscal year 2009
is reduced from money appropriated from the general fund for metropolitan area
regional parks maintenance and operations under Laws 2007, chapter 57, article
1, section 6. This is a onetime
reduction.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$300,000 in fiscal year 2009
is appropriated from the natural resources fund for metropolitan area regional
parks maintenance and operations. This
is a onetime appropriation from the revenue deposited in the natural resources
fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (3).
$200,000 in 2009 is for a
grant to the city of St. Paul. This
appropriation is in addition to and for the same purposes as the appropriation
for a grant to the city of St. Paul for Como Zoo in Laws 2006, chapter 258,
section 17, subdivision 8. This is a
onetime appropriation and is available until expended.
Sec. 7. TRANSFERS IN
By June 30, 2009, the
commissioner of finance shall transfer any remaining unappropriated balance,
estimated to be $103,000, from the Minnesota future resources fund to the
general fund.
By June 30, 2008, the
commissioner of finance shall transfer $1,400,000 from the balance in the
stream protection and improvement fund to the general fund.
Sec. 8. Minnesota Statutes 2006, section 17.4988,
subdivision 2, is amended to read:
Subd. 2. Aquatic
farming license. (a) The annual fee
for an aquatic farming license is $210 for the base license. The commissioner must establish an
additional fee based on the acreage of the operation.
(b) The aquatic farming
license may contain endorsements for the rights and privileges of the following
licenses under the game and fish laws.
The endorsement must be made upon payment of the license fee prescribed
in section 97A.475 for the following licenses:
(1) minnow dealer license;
(2) minnow retailer license
for sale of minnows as bait;
(3) minnow exporting
license;
(4) aquatic farm vehicle
endorsement, which includes a minnow dealer vehicle license, a minnow retailer
vehicle license, an exporting minnow vehicle license, and a fish vendor
license;
(5) sucker egg taking
license; and
(6) game fish packers
license.
Sec. 9. Minnesota Statutes 2006, section 17.4988,
subdivision 3, is amended to read:
Subd. 3. Inspection
fees. The fees for the following
inspections are: The
commissioner may, by written order published in the State Register, establish
fees for the services listed in clauses (1) to (3). The fees must be set in an amount that does not recover
significantly more or less than the cost of providing the service. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The services covered under this provision
include:
(1) initial inspection of
each water to be licensed, $50;
(2) fish health inspection
and certification, $60 plus $150 per lot thereafter including initial
tissue sample collection, basic fish health assessment, viral pathogen testing,
and bacteriological testing; and
(3) initial inspection for
containment and quarantine facility inspections, $100.
Sec. 10. [85.53]
PARKS AND TRAILS FUND.
The parks and trails fund is
established in the Minnesota Constitution, article XI, section 15. All money earned by the parks and trails
fund must be credited to the fund.
EFFECTIVE DATE. This section is effective July 1, 2009, if the constitutional
amendment proposed in Laws 2008, chapter 151, is adopted by the voters.
Sec. 11. Minnesota Statutes 2006, section 93.481, is
amended by adding a subdivision to read:
Subd. 7. Mining administration
account. The mining
administration account is established as an account in the natural resources
fund. Ferrous mining administrative
fees charged to owners, operators, or managers of mines shall be credited to
the account and may be appropriated to the commissioner to cover the costs of
providing and monitoring permits to mine ferrous metals under this section.
Sec. 12. [94.3495]
EXPEDITED EXCHANGES OF LAND INVOLVING THE STATE AND GOVERNMENTAL SUBDIVISIONS
OF THE STATE.
Subdivision 1. Purpose and scope. (a) The purpose of this section is to
expedite the exchange of public land ownership. Consolidation of public land reduces management costs and aids in
the reduction of forest fragmentation.
(b) This section applies to
exchanges of land between the state and a governmental subdivision of the
state. For land exchanges under this
section, sections 94.342 to 94.347 apply only to the extent specified in this
section.
Subd. 2. Classes of land;
definitions. The classes of
public land that may be involved in an expedited exchange under this section
are:
(1) Class 1 land, which for
the purpose of this section is Class A land as defined in section 94.342,
subdivision 1, except for:
(i) school trust land as
defined in section 92.025; and
(ii) university land granted
to the state by acts of Congress;
(2) Class 2 land, which for
the purpose of this section is Class B land as defined in section 94.342,
subdivision 2; and
(3) Class 3 land, which for
the purpose of this section is all land owned in fee by a governmental
subdivision of the state.
Subd. 3. Valuation of land. (a) In an exchange of Class 1 land for
Class 2 or 3 land, the value of all the land shall be determined by the
commissioner of natural resources. In
an exchange of Class 2 land for Class 3 land, the value of all the land shall
be determined by the county board of the county in which the land lies. To determine the value of the land, the
parties to the exchange may cause the land to be appraised, utilize the
valuation process provided under section 84.0272, subdivision 3, or obtain a
market analysis from a qualified real estate broker. Merchantable timber value must be determined and considered in
finalizing valuation of the lands.
(b) All lands exchanged
under this section shall be exchanged only for lands of at least substantially
equal value. For the purposes of this
subdivision, "substantially equal value" has the meaning given under
section 94.343, subdivision 3, paragraph (b).
No payment is due either party if the lands are of substantially equal
value but are not of the same value.
Subd. 4. Title. Title to the land must be examined to the
extent necessary for the parties to determine that the title is good, with any
encumbrances identified. The parties to
the exchange may utilize title insurance to aid in the determination.
Subd. 5. Approval by Land
Exchange Board. All
expedited land exchanges under this section, and the terms and conditions of
the exchanges, require the unanimous approval of the Land Exchange Board.
Subd. 6. Conveyance. (a) Conveyance of Class 1 land given in
exchange shall be made by deed executed by the commissioner of natural
resources in the name of the state.
Conveyance of Class 2 land given in exchange shall be by a deed executed
by the commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by a
deed executed by the governing body in the name of the governing authority.
(b) If Class 1 land is given
in exchange for Class 2 or 3 land, the deed to the Class 2 or 3 land shall
first be delivered to the commissioner of natural resources. Following the recording of the deed, the
commissioner of natural resources shall deliver the deed conveying the Class 1
land.
(c) If Class 2 land is given
in exchange for Class 3 land, the deed to the Class 3 land shall first be
delivered to the county auditor.
Following the recording of the deed, the commissioner of revenue shall
deliver the deed conveying the Class 2 land.
(d) All deeds shall be
recorded or registered in the county in which the lands lie.
Subd. 7. Reversionary interest;
mineral and water power rights and other reservations. (a) All deeds conveying land given in an
expedited land exchange under this section shall include a reverter that
provides that title to the land automatically reverts to the conveying
governmental unit if:
(1) the receiving
governmental unit sells, exchanges, or otherwise transfers title of the land
within 40 years of the date of the deed conveying ownership; and
(2) there is no prior written
approval for the transfer from the conveying governmental unit. The authority for granting approval is the
commissioner of natural resources for former Class 1 land, the county board for
former Class 2 land, and the governing body for former Class 3 land.
(b) Class 1 land given in
exchange is subject to the reservation provisions of section 94.343,
subdivision 4. Class 2 land given in
exchange is subject to the reservation provisions of section 94.344,
subdivision 4. County fee land given in
exchange is subject to the reservation provisions of section 373.01,
subdivision 1, paragraph (g).
Subd. 8. Land status. Land received in exchange for Class 1
land is subject to the same trust, if any, and otherwise has the same status as
the land given in exchange. Land
received in exchange for Class 2 land is subject to a trust in favor of the
governmental subdivision wherein it lies and all laws relating to tax-forfeited
land. Land received in exchange for
Class 3 land has the same status as the land given in exchange.
Sec. 13. Minnesota Statutes 2006, section 97A.475,
subdivision 29, is amended to read:
Subd. 29. Private
fish hatcheries. The fees for the
following licenses to be issued to residents and nonresidents are:
(1) for a private fish
hatchery, with annual sales under $200, $70;
(2) for a private fish
hatchery, with annual sales of $200 or more, $210 for the base license. The commissioner must establish an
additional fee based on the acreage of the operation; and
(3) to take sucker eggs from
public waters for a private fish hatchery, $400, plus $6 for each quart in
excess of 100 quarts.
Sec. 14. Minnesota Statutes 2006, section 103A.204,
is amended to read:
103A.204 GROUNDWATER POLICY.
(a) The responsibility for
the protection of groundwater in Minnesota is vested in a multiagency approach
to management. The following is a list
of agencies and the groundwater protection areas for which the agencies are
primarily responsible; the list is not intended to restrict the areas of
responsibility to only those specified:
(1) Environmental Quality
Board: creation of a water resources
committee to coordinate coordination of state groundwater protection
programs and a biennial groundwater policy report beginning in 1994 that
includes, for the 1994 report, the findings in the groundwater protection
report coordinated by the Pollution Control Agency for the Environmental
Protection Agency;
(2) Pollution Control
Agency: water quality monitoring and
reporting and the development of best management practices and regulatory
mechanisms for protection of groundwater from nonagricultural chemical
contaminants;
(3) Department of
Agriculture: sustainable agriculture,
integrated pest management, water quality monitoring, and the development of
best management practices and regulatory mechanisms for protection of
groundwater from agricultural chemical contaminants;
(4) Board of Water and Soil
Resources: reporting on groundwater
education and outreach with local government officials, local water planning and
management, and local cost share programs;
(5) Department of Natural
Resources: water quantity monitoring
and regulation, sensitivity mapping, and development of a plan for the use of
integrated pest management and sustainable agriculture on state-owned lands;
and
(6) Department of
Health: regulation of wells and
borings, and the development of health risk limits under section 103H.201.
(b) The Environmental
Quality Board shall through its Water Resources Committee coordinate with
representatives of all agencies prepare a report on policy issues
related to its responsibilities listed in paragraph (a), citizens, and
other interested groups to prepare a biennial report every even-numbered year
as part of its duties described in sections 103A.43 and 103B.151 and
include these reports with the assessments in section 103A.43 and the
"Minnesota Water Plan" in section 103B.151.
Sec. 15. Minnesota Statutes 2006, section 103A.43, is
amended to read:
103A.43 WATER ASSESSMENTS AND REPORTS.
(a) The Environmental
Quality Board shall evaluate and consolidate the assessments required
in paragraphs (b) and (c) with the policy report in section 103A.204 and submit
a single report to the house of representatives and senate committees with
jurisdiction over the environment, natural resources, and agriculture and the
Legislative-Citizen Commission on Minnesota Resources on statewide water
research needs and recommended priorities for addressing these needs. Local water research needs may also be
included by September 15, 2010, and every five years thereafter.
(b) The Environmental
Quality Board shall work with the Pollution Control Agency and the
Department of Agriculture to coordinate shall provide a biennial
assessment and analysis of water quality, groundwater degradation trends, and
efforts to reduce, prevent, minimize, and eliminate degradation of water. The assessment and analysis must include an
analysis of relevant monitoring data.
(c) The Environmental
Quality Board shall work with the Department of Natural Resources to
coordinate shall provide an assessment and analysis of the quantity
of surface and ground water in the state and the availability of water to meet
the state's needs.
(d) The Environmental
Quality Board shall coordinate and submit a report on water policy including
the analyses in paragraphs (a) to (c) to the house of representatives and
senate committees with jurisdiction over the environment, natural resources,
and agriculture and the Legislative-Citizen Commission on Minnesota Resources by
September 15 of each even-numbered year.
The report may include the groundwater policy report in section
103A.204.
Sec. 16. Minnesota Statutes 2006, section 103B.151,
subdivision 1, is amended to read:
Subdivision 1. Water
planning. The Environmental Quality
Board shall:
(1) coordinate public water
resource management and regulation activities among the state agencies having
jurisdiction in the area;
(2) initiate,
coordinate, and continue to develop comprehensive long-range water
resources planning in furtherance of the plan prepared by the
Environmental Quality Board's Water Resources Committee entitled
"Minnesota Water Plan," published in January 1991, by September 15,
2000, and each ten-year interval afterwards;
(3) coordinate water
planning activities of local, regional, and federal bodies with state water
planning and integrate these plans with state strategies;
(4) coordinate development
of state water policy recommendations and priorities, and a recommended program
for funding identified needs, including priorities for implementing the state
water resources monitoring plan;
(5) administer federal water
resources planning with multiagency interests;
(6) ensure that groundwater
quality monitoring and related data is provided and integrated into the
Minnesota land management information system according to published data
compatibility guidelines. Costs of
integrating the data in accordance with data compatibility standards must be
borne by the agency generating the data;
(7) coordinate the development
and evaluation of water information and education materials and resources; and
(8) coordinate the
dissemination of water information and education through existing delivery
systems.
Sec. 17. [103B.701]
STAR LAKES.
Subdivision 1. Definition. For the purposes of this section, the
term "lake association" means an association organized for the
purpose of addressing issues on a specific lake or river, a lake improvement
district, or a lake conservation district.
Subd. 2. Application. (a) A lake association may apply to the
Star Lake Board for designation as a star lake or river. The applicant must include a copy of a star
lake or river management plan for the lake or river.
(b) After review of the
application, the Star Lake Board shall determine whether designation as a star
lake or river will be granted. The
designation as a star lake or river becomes effective the day following
designation by the board. The board
shall publish the decision on a star lake or river designation in the State
Register, including the effective date of the designation.
(c) The star lake or river
designation is effective until the earlier of:
(1) five years after the
date of designation; or
(2) when the Star Lake Board
finds that the lake association is not fulfilling the requirements of this
section or of the star lake or river management plan submitted.
(d) Within six months before
the expiration date of the designation as a star lake or river, a lake
association may apply to continue the star lake or river designation under this
section.
Subd. 3. Eligibility. A lake association applying for
designation as a star lake or river must:
(1) develop and update a
star lake or river management plan as provided in subdivision 4;
(2) maintain a membership or
participation of at least 50 percent of the private shoreland owners;
(3) participate in a water
quality monitoring program under section 115.06, subdivision 4, or other
programs meeting Pollution Control Agency standards; and
(4) meet at least annually
to review the plan and notify appropriate state agencies and local government
units in the development and monitoring of the star lake or river management
plan.
Subd. 4. Star lake or river
management plan. (a) A star
lake or river management plan must contain a baseline of the current condition
of the lake or river based on scientific information and plans for addressing
the following issues:
(1) increases in native
vegetation in the littoral area of the lake or river, where appropriate;
(2) increases in native
vegetation on the shoreline areas of the lake or river, where appropriate;
(3) prevention, reduction,
or elimination of aquatic invasive species in the lake or river;
(4) increasing or
maintaining a healthy diverse fishery that is appropriate for the lake or
river;
(5) how the association will
work with state agencies and local government units to identify water pollution
sources and impairments;
(6) how the association will
assist state and local programs to generate data needed by state agencies and
local government units in an appropriate format;
(7) promoting compliance
with adopted shoreland zoning standards and shoreland best management
practices;
(8) how the lake association
will assure its involvement in public input opportunities for various local
comprehensive and project-specific planning and zoning processes;
(9) education and
recognition opportunities for shoreland owners and other entities that conduct
activities affecting the quality of the lake or river; and
(10) other activities that
will coordinate with or enhance other state and local water management efforts.
(b) The star lake or river
management plan shall be updated within five years of adoption by the lake
association.
Subd. 5. State resources. State agencies may consider star lake or
river designation in determining the allocation of financial and staff
resources.
Sec. 18. [103B.702]
STAR LAKE BOARD.
Subdivision 1. Establishment. (a) The Star Lake Board shall be
established as a nonprofit corporation under section 501(c)(3) of the Internal
Revenue Code of 1986, as amended. The
Star Lake Board shall promote and designate star lakes and rivers in Minnesota
under section 103B.701.
(b) The board must work with
private and public entities to leverage the resources available to achieve and
sustain the designation of Minnesota star lakes or rivers. The board may assist lake associations with
finding appropriate technical and financial assistance and make recommendations
to state agencies and local government units regarding the manner in which
technical or financial assistance can be most effectively delivered. To the extent that money is available, the
board may secure, provide, or recommend financial assistance to meet specific
needs of lake associations, for:
(1) completing a star lake
or river management plan when the lake association does not have an existing
management plan and the association is committed to the goals of a plan, as
specified in section 103B.701, subdivision 4; and
(2) addressing specific
issues of the lake or river to achieve or maintain the goals of the lake or
river management plan for lake associations that have achieved a star lake or
river designation.
(c) The board shall consist
of:
(1) three public members
appointed by the speaker of the house, with one member representing county
governments, one member representing city governments, and one member
representing an organization that promotes clean lakes and rivers;
(2) three public members
appointed by the senate Subcommittee on Committees of the Committee on Rules
and Administration, with one member representing county governments, one member
representing city governments, and one member representing an organization that
promotes clean lakes and rivers;
(3) five members, chosen by
the other board members with regard to obtaining representation from a variety
of types of lakes and rivers within the state, who are from lake associations
representing designated star lakes or rivers, or until July 1, 2011, are
eligible to achieve star lake or river designation;
(4) one member designated by
the commissioner of natural resources;
(5) one member designated by
the commissioner of the Pollution Control Agency;
(6) one member designated by
the chair of the Board of Water and Soil Resources; and
(7) one member designated by
the Indian Affairs Council.
(d) By January 15 of each
odd-numbered year, the board shall submit a report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction
over environment policy and finance on the activities for which money has been
or will be spent for the current biennium, the applications for designation,
and the star lakes or rivers designated by the board.
(e) Public members appointed
by the speaker of the house and the senate Subcommittee on Committees of the
Committee on Rules and Administration serve at the pleasure of the appointing
authority.
Subd. 2. Conflict of interest. A board member may not participate in or
vote on a decision of the board relating to an organization in which the member
has either a direct or indirect personal financial interest. While serving on the Star Lake Board, a
member shall avoid any potential conflict of interest.
Subd. 3. Staff; contracts. The board may hire staff or enter into
contracts to carry out the activities of the board.
Subd. 4. Bylaws. The board shall adopt bylaws necessary
for the conduct of the business of the board consistent with this section. The corporation must publish bylaws and
amendments to the bylaws in the State Register.
Subd. 5. Place of business. The board shall locate and maintain the
board's place of business within the state.
Subd. 6. Chair. The board shall annually elect from among
its members a chair and other officers necessary for the performance of its
duties.
Subd. 7. Meetings. The board shall meet at least twice each
year and may hold additional meetings upon giving notice in accordance with the
bylaws of the board. Board meetings are
subject to chapter 13D.
Subd. 8. Funds. The board may accept and use gifts,
grants, or contributions from any source.
Unless otherwise restricted by the terms of a gift or bequest, the board
may sell, exchange, or otherwise dispose of and invest or reinvest the money,
securities, or other property given or bequested to it. The principal of these funds, the income
from them, and all other revenues received by the board from any nonstate
source must be placed in the depositories the board determines and is subject
to expenditure for the board's purposes.
Subd. 9. Accounts; audits. The board may establish funds and
accounts necessary to carry out its responsibilities. The board shall provide for and pay the cost of an independent
audit of its official books and records by the legislative auditor subject to
sections 3.971 and 3.972. A copy of
this audit shall be filed with the secretary of state.
Sec. 19. Minnesota Statutes 2006, 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 $140
for amounts not exceeding 50,000,000 gallons per year;
(2) $3 $3.50
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 $4
per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
than 150,000,000 gallons per year;
(4) $4 $4.50
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 $5
per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
than 250,000,000 gallons per year;
(6) $5 $5.50
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 $6
per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
than 350,000,000 gallons per year;
(8) $6 $6.50
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 $7
per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
than 450,000,000 gallons per year;
(10) $7 $7.50
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 $8
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 $200 per 1,000,000
gallons; and
(2) for all other users, $300
$420 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.
(g) 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 each of the months of June, July, and
August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities with more
than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.
Sec. 20. Minnesota Statutes 2007 Supplement, section
103G.291, subdivision 3, is amended to read:
Subd. 3. Water
supply plans; demand reduction. (a)
Every public water supplier serving more than 1,000 people must submit a water
supply plan to the commissioner for approval by January 1, 1996. In accordance with guidelines developed by
the commissioner, the plan must address projected demands, adequacy of the
water supply system and planned improvements, existing and future water
sources, natural resource impacts or limitations, emergency preparedness, water
conservation, supply and demand reduction measures, and allocation priorities
that are consistent with section 103G.261.
Public water suppliers must update their plan and, upon notification,
submit it to the commissioner for approval every ten years.
(b) The water supply plan in
paragraph (a) is required for all communities in the metropolitan area, as
defined in section 473.121, with a municipal water supply system and is a
required element of the local comprehensive plan required under section
473.859. Water supply plans or updates
submitted after December 31, 2008, must be consistent with the metropolitan
area master water supply plan required under section 473.1565, subdivision 1,
paragraph (a), clause (2).
(c) Public water suppliers
serving more than 1,000 people must employ water use demand reduction measures,
including a conservation rate structure, as defined in subdivision 4, paragraph
(a), unless exempted under subdivision 4, paragraph (c), before requesting
approval from the commissioner of health under section 144.383, paragraph (a),
to construct a public water supply well or requesting an increase in the
authorized volume of appropriation.
Demand reduction measures must include evaluation of conservation rate
structures and a public education program that may include a toilet and
showerhead retrofit program.
(d) Public water suppliers
serving more than 1,000 people must submit records that indicate the number of
connections and amount of use by customer category and volume of water
unaccounted for with the annual report of water use required under section
103G.281, subdivision 3.
(e) For the purposes of this
subdivision section, "public water supplier" means an
entity that owns, manages, or operates a public water supply, as defined in
section 144.382, subdivision 4.
Sec. 21. Minnesota Statutes 2006, section 103G.291,
is amended by adding a subdivision to read:
Subd. 4. Conservation rate
structure required. (a) For
the purposes of this section, "conservation rate structure" means a
rate structure that encourages conservation and may include increasing block
rates, seasonal rates, time of use rates, individualized goal rates, or excess
use rates. The rate structure must
consider each residential unit as an individual user in multiple-family
dwellings.
(b) To encourage
conservation, a public water supplier serving more than 1,000 people in the
metropolitan area, as defined in section 473.121, subdivision 2, shall use a
conservation rate structure by January 1, 2010. All remaining public water suppliers serving more than 1,000
people shall use a conservation rate structure by January 1, 2013.
(c) A public water supplier
without the proper measuring equipment to track the amount of water used by its
users, as of the effective date of this act, is exempt from this subdivision
and the conservation rate structure requirement under subdivision 3, paragraph
(c).
Sec. 22. Minnesota Statutes 2006, 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, but the rule must not take effect until 45
legislative days after it has been reported to the legislature. The fees may not exceed $750 per permit
shall be 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 A fee
for a permit for the control of rooted aquatic vegetation is $35 for
each contiguous parcel of shoreline owned by an owner may be charged. 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 water recreation account.
Sec. 23. [114D.50]
CLEAN WATER FUND.
The clean water fund is
established in the Minnesota Constitution, article XI, section 15. All money earned by the fund must be
credited to the fund.
EFFECTIVE DATE. This section is effective July 1, 2009, if the constitutional
amendment proposed in Laws 2008, chapter 151, is adopted by the voters.
Sec. 24. Minnesota Statutes 2006, section 116.07,
subdivision 4, is amended to read:
Subd. 4. Rules
and standards. Pursuant and subject
to the provisions of chapter 14, and the provisions hereof, the Pollution
Control Agency may adopt, amend and rescind rules and standards having the
force of law relating to any purpose within the provisions of Laws 1967,
chapter 882, for the prevention, abatement, or control of air pollution. Any such rule or standard may be of general
application throughout the state, or may be limited as to times, places,
circumstances, or conditions in order to make due allowance for variations
therein. Without limitation, rules or
standards may relate to sources or emissions of air contamination or air
pollution, to the quality or composition of such emissions, or to the quality
of or composition of the ambient air or outdoor atmosphere or to any other matter
relevant to the prevention, abatement, or control of air pollution.
Pursuant and subject to the
provisions of chapter 14, and the provisions hereof, the Pollution Control
Agency may adopt, amend, and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1969, chapter 1046, for
the collection, transportation, storage, processing, and disposal of solid
waste and the prevention, abatement, or control of water, air, and land
pollution which may be related thereto, and the deposit in or on land of any
other material that may tend to cause pollution. The agency shall adopt such rules and standards for sewage
sludge, addressing the intrinsic suitability of land, the volume and rate of
application of sewage sludge of various degrees of intrinsic hazard, design of
facilities, and operation of facilities and sites. Any such rule or standard may be of general application
throughout the state or may be limited as to times, places, circumstances, or
conditions in order to make due allowance for variations therein. Without limitation, rules or standards may
relate to collection, transportation, processing, disposal, equipment,
location, procedures, methods, systems or techniques or to any other matter
relevant to the prevention, abatement or control of water, air, and land
pollution which may be advised through the control of collection,
transportation, processing, and disposal of solid waste and sewage sludge, and
the deposit in or on land of any other material that may tend to cause
pollution. By January 1, 1983, the
rules for the management of sewage sludge shall include an analysis of the
sewage sludge determined by the commissioner of agriculture to be necessary to
meet the soil amendment labeling requirements of section 18C.215. The rules for the disposal of solid waste
shall include site-specific criteria to prohibit solid waste disposal based on
the area's sensitivity to groundwater contamination, including site-specific
testing. The rules shall also include
modifications to financial assurance requirements under subdivision 4h that
ensure the state is protected from financial responsibility for future
groundwater contamination. Until the
rules are modified to include site-specific criteria to prohibit areas from
solid waste disposal due to groundwater contamination sensitivity, as required
under this section, the agency shall not issue a permit for a new solid waste
disposal facility, except for:
(1) the reissuance of a
permit for a land disposal facility operating as of March 1, 2008;
(2) a permit to expand a
land disposal facility operating as of March 1, 2008, beyond its permitted
boundaries, including expansion on land that is not contiguous to, but is
located within 600 yards of, the land disposal facility's permitted boundaries;
(3) a permit to modify the
type of waste accepted at a land disposal facility operating as of March 1,
2008;
(4) a permit to locate a
disposal facility that accepts only construction debris as defined in section
115A.03, subdivision 7;
(5) a permit to locate a
disposal facility that:
(i) accepts boiler ash from
an electric energy power plant that has wet scrubbed units or has units that
have been converted from wet scrubbed units to dry scrubbed units as those
terms are defined in section 216B.68;
(ii) is on land that was
owned on May 1, 2008, by the utility operating the electric energy power plant;
and
(iii) is located within
three miles of the existing ash disposal facility for the power plant; or
(6) a permit to locate a new
solid waste disposal facility for ferrous metallic minerals regulated under
Minnesota Rules, chapter 6130, or for nonferrous metallic minerals regulated
under Minnesota Rules, chapter 6132.
Pursuant and subject to the
provisions of chapter 14, and the provisions hereof, the Pollution Control
Agency may adopt, amend and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1971, chapter 727, for
the prevention, abatement, or control of noise pollution. Any such rule or standard may be of general
application throughout the state, or may be limited as to times, places,
circumstances or conditions in order to make due allowances for variations
therein. Without limitation, rules or
standards may relate to sources or emissions of noise or noise pollution, to
the quality or composition of noises in the natural environment, or to any
other matter relevant to the prevention, abatement, or control of noise
pollution.
As to any matters subject to
this chapter, local units of government may set emission regulations with
respect to stationary sources which are more stringent than those set by the
Pollution Control Agency.
Pursuant to chapter 14, the
Pollution Control Agency may adopt, amend, and rescind rules and standards
having the force of law relating to any purpose within the provisions of this
chapter for generators of hazardous waste, the management, identification,
labeling, classification, storage, collection, treatment, transportation,
processing, and disposal of hazardous waste and the location of hazardous waste
facilities. A rule or standard may be
of general application throughout the state or may be limited as to time,
places, circumstances, or conditions.
In implementing its hazardous waste rules, the Pollution Control Agency
shall give high priority to providing planning and technical assistance to
hazardous waste generators. The agency
shall assist generators in investigating the availability and feasibility of
both interim and long-term hazardous waste management methods. The methods shall include waste reduction,
waste separation, waste processing, resource recovery, and temporary storage.
The Pollution Control Agency
shall give highest priority in the consideration of permits to authorize
disposal of diseased shade trees by open burning at designated sites to
evidence concerning economic costs of transportation and disposal of diseased
shade trees by alternative methods.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 25. [129D.17]
ARTS AND CULTURAL HERITAGE FUND.
The arts and cultural
heritage fund is established in the Minnesota Constitution, article XI, section
15. All money earned by the fund must
be credited to the fund.
EFFECTIVE DATE. This section is effective July 1, 2009, if the constitutional
amendment proposed in Laws 2008, chapter 151, is adopted by the voters.
Sec. 26. [173.0855]
STAR LAKE OR RIVER SIGNS.
Subdivision 1. Authority to erect. (a) A county, statutory or home rule
charter city, or town of Minnesota that contains a star lake or river
designated under section 103B.701 may request the Department of Transportation
to erect star lake or river signs pursuant to section 161.139. One sign may be erected at each approach to
a lake or river within the right-of-way of an interstate or other highway that
passes over a lake or river in the Department of Transportation's eight-county
metropolitan district or near or over a lake or river in greater Minnesota.
(b) An official lake or
river sign on the right-of-way of an interstate or other highway may be
replaced with a star lake or river sign by the Department of Transportation
pursuant to section 161.139.
Subd. 2. Sign standards. The Department of Transportation shall
design and manufacture the star lake and river signs to specifications not
contrary to other federal and state highway sign standards.
Sec. 27. Minnesota Statutes 2006, section 473.1565,
subdivision 3, is amended to read:
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. These reports shall be
included in the "Minnesota Water Plan" required in section 103B.151,
and five-year interim reports may be provided as necessary.
Sec. 28. Laws 2007,
chapter 57, article 1, section 4, subdivision 4, is amended to read:
Subd. 4. Forest Management 44,495,000 43,393,000
Appropriations by Fund
General 24,755,000 24,836,000
Natural Resources 19,483,000 18,293,000
Game and Fish 257,000 264,000
$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 and senate committees and divisions having jurisdiction over
environment and natural resources finance, 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.
$17,983,000 the first year
and $18,293,000 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.
Of this amount:
(1) $750,000 each year is
for additional staff to enhance timber sales;
(2) $1,000,000 each year is
for forest improvements;
(3) $1,100,000 each year is
for forest road maintenance;
(4) $600,000 each year is
for the ecological classification system on state forest lands;
(5) $350,000 each year is
for the prevention of invasive species on state forest lands; and
(6) $400,000 each year is
for the re-inventory of state forest lands.
Money for forest road
maintenance is onetime.
$780,000 the first year and
$780,000 the second year are for the Forest Resources Council for implementation
of the Sustainable Forest Resources Act.
$40,000 the first year is
for the Forest Resources Council to provide a grant to the University of
Minnesota to prepare a statewide plan to address the fragmentation and
parcelization of large blocks of forest land in the state.
$200,000 in fiscal year 2008
is for a grant to the Forest Resources Research Advisory Committee to provide
direction on research topics recommended by the governor's task force on the
competitiveness of Minnesota's primary forest products industry.
$350,000 the first year and
$350,000 the second year are for the FORIST timber management information
system, other information systems, and for increased forestry management. The amount in the second year is also available
in the first year.
$257,000 the first year and
$264,000 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).
$110,000 the first year is
to develop and implement a statewide information and education campaign
regarding the statewide ban on the transport, storage, or use of nonapproved
firewood on state-administered lands.
$1,500,000 the first year is
from the forest management investment account in the natural resources fund for
the purposes of section 158. This is a
onetime appropriation.
$75,000 the first year is to
the Forest Resources Council for a task force on forest protection and $75,000
the second year is appropriated to the commissioner for grants to cities,
counties, townships, special recreation areas, and park and recreation boards
in cities of the first class for the identification, removal, disposal, and
replacement of dead or dying shade trees lost to forest pests or disease. For purposes of this section, "shade
tree" means a woody perennial grown primarily for aesthetic or environmental
purposes with minimal to residual timber value. The commissioner shall consult with municipalities; park and
recreation boards in cities of the first class; nonprofit organizations; and
other interested parties in developing eligibility criteria. * (The preceding text beginning
"$75,000 the first year" was indicated as vetoed by the governor.)
$200,000 in fiscal year 2008
is for a grant to the Natural Resources Research Institute for silvicultural
research to improve the quality and quantity of timber fiber. The appropriation must be matched in the
amount of $200,000 in cash or in-kind contributions from the forest products
industry members of the Minnesota Forest Productivity Research Cooperative.
$1,000,000 the first year
and $1,000,000 the second year are to support additional technical and cost-share
assistance to nonindustrial private forest (NIPF) landowners forest
management activities. The base
appropriation in fiscal year 2010 and later is $500,000.
$200,000 the first year and
$200,000 the second year are to address escalating land asset management
demands, such as boundary disputes, access easements, and sale, exchange, and
acquisition of forest lands support additional forest management
activities.
Sec. 29. Laws 2007,
chapter 57, article 1, section 4, subdivision 6, is amended to read:
Subd. 6. Trails and Waterways Management 30,257,000 30,492,000
Appropriations by Fund
General 2,538,000 2,568,000
Natural Resources 25,600,000 25,730,000
Game and Fish 2,119,000 2,194,000
$8,424,000 the first year
and $8,424,000 the second year are from the snowmobile trails and enforcement
account in the natural resources fund for snowmobile grants-in-aid. The additional money under this item may be
used for new grant-in-aid trails. Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
$1,175,000 the first year
and $1,325,000 the second year are from the natural resources fund for
off-highway vehicle grants-in-aid. Of
this amount, $825,000 the first year and $1,075,000 the second year are 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.
$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 and maintenance. The money
may be used for trail maintenance, signage, mapping, interpretation, native
prairie restoration using best management practices, and maintenance of
nonmotorized forest trails. This
appropriation is from the revenue deposited in the natural resources fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (2).
$655,000 the first year and
$655,000 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). Any unencumbered balance does not cancel
at the end of the first year and is available for the second year. 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.
$150,000 the first year and
$150,000 the second year are from the all-terrain vehicle account for two
all-terrain vehicle trail specialists to assist and consult with on all-terrain
vehicle grant-in-aid education and training for sustainable trail development
and maintenance, as well as providing training for public and private sector
trail monitoring. The specialists may
assist in the evaluation of grant-in-aid trail proposals, but not in the
promotion of new trails.
$1,965,000 the first year
and $2,040,000 the second year are from the game and fish fund for expenditures
on water access sites according to the requirements of the federal sport and
fish restoration program.
Money appropriated under
Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision
6, paragraph (h), for the Paul Bunyan State Trail connection is available until
June 30, 2008.
$400,000 each year is for
operation and maintenance of nonmotorized trails within state forests. This is a onetime appropriation.
$75,000 each year is for
additional wild and scenic rivers program activities.
$120,000 the first year is
from the water recreation account in the natural resources fund to cooperate
with local units of government in marking routes and designating river accesses
and campsites under Minnesota Statutes, section 85.32. This is a onetime appropriation and
available until spent.
The appropriation in Laws 2005,
First Special Session chapter 1, article 2, section 3, subdivision 6, from the
lottery in lieu account in the natural resources fund for trail grants to local
units of government, is available until June 30, 2009.
Sec. 30. MINING ADMINISTRATIVE FEE.
(a) Until a new application fee schedule is adopted for permits to mine
or process taconite according to the report submitted by the commissioner of
natural resources under this article, the commissioner shall charge the
administrative fees established in paragraph (b), payable to the commissioner
by June 30 of each year, beginning in 2008.
(b) A company that manages a taconite mining or taconite processing
operation shall pay:
(1) $90,000 if the total production of the company's combined
operations in the state had an annual production of 10,000,000 or more tons of
taconite pellets or iron nuggets during the previous calendar year;
(2) $10,000 if the total production of the company's combined
operations in the state had an annual production of less than 10,000,000 tons
of taconite pellets or iron nuggets during the previous calendar year; and
(3) $3,333 if the mining operation is permitted to mine, but had no
annual production of taconite pellets or iron nuggets during the previous
calendar year.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to companies that manage a taconite mining or taconite processing
operation holding or applying for a permit to mine under Minnesota Statutes,
section 93.481, during the 2007 calendar year.
Sec. 31. DEPARTMENT OF NATURAL RESOURCES RULEMAKING REQUIRED; STRUCTURES IN
PUBLIC WATERS.
By January 15, 2010, the commissioner of natural resources shall update
rules on structures that are allowed in public waters and the permit
requirements for those structures under Minnesota Rules, chapter 6115. The Department of Natural Resources general
permit no. 2008-0401 expires on the effective date of the updated rules.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 32. FIRST MEETING; DEADLINE FOR APPOINTMENTS.
The appointing authorities named in Minnesota Statutes, section
103B.702, must complete their appointments to the Star Lake Board by January
15, 2009, with the exception of the appointments required under Minnesota
Statutes, section 103B.702, subdivision 1, paragraph (c), clause (3), which
must be completed within 30 days of the first meeting of the board. The board member designated by the Board of
Water and Soil Resources must convene the first meeting of the board no later
than February 15, 2009.
Sec. 33. SOLID WASTE DISPOSAL RULES REPORT; LEGISLATIVE REVIEW.
By January 15, 2010, the Pollution Control Agency shall report to the
senate and house of representatives environment policy and finance committees
and divisions on proposed rules, under Minnesota Statutes, section 116.07,
subdivision 4, to prohibit the disposal of solid waste in specific areas due to
the sensitivity of the area to groundwater contamination.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 34. INDUSTRIAL AND CONSTRUCTION AND DEMOLITION LANDFILL WORKING GROUP.
The commissioner of the Pollution Control Agency shall, by July 15,
2008, convene a working group to develop, evaluate, and recommend policies and
legislation regarding the management of industrial solid waste and construction
and demolition debris in land disposal facilities. The commissioner shall appoint members of the working group,
including representatives from counties, state agencies, private landfill
owners, waste haulers, environmental organizations, and other interested
parties to serve on the working group.
The Pollution Control Agency shall serve as staff to the working
group. The working group shall submit a
report of its findings and recommendations to the chairs and ranking minority
members of the senate and house of representatives committees with primary
jurisdiction over environmental policy and environmental finance by January 15,
2009.
ARTICLE 6
ENERGY, COMMERCE, UTILITIES
Section 1. SUMMARY OF APPROPRIATIONS.
The
amounts shown in this section summarize direct appropriations or reductions, by
fund, made in this article.
2008 2009 Total
General $(2,670,000) $(1,436,000) $(4,106,000)
Sec. 2. APPROPRIATIONS.
The
dollar amounts in the columns under "APPROPRIATIONS" are added to or,
if shown in parentheses, subtracted from the appropriations in Laws 2007,
chapter 57, or other law to the specified agencies. The appropriations are from the general fund, or another named
fund, and are available for the fiscal years indicated for each purpose. The figures "2008" and
"2009" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first year" is fiscal year 2008. "The second
year" is fiscal year 2009. "The biennium" is fiscal years 2008
and 2009. Appropriations for the fiscal
year ending June 30, 2008, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. COMMERCE
Subdivision 1. Total Appropriation $(2,670,000) $(1,436,000)
Subd. 2. Administration -0- 84,000
$46,000 in the second year
is a base reduction to the administration program and the Office of Energy
Security.
$130,000 in the second year
is a base increase for staffing to enhance unclaimed property compliance.
Subd. 3. Market Assurance (270,000) (270,000)
This is a base reduction to
the do not call program.
Subd. 4. Energy and Telecommunications (2,400,000) (1,250,000)
$200,000 in the first year
is for the solar rebate program.
Equipment used to heat hot water at a residential property for domestic
use, not including equipment used for a hot tub or swimming pool, is eligible
for the solar rebate program. This is a
onetime appropriation and is available until spent.
Of the amounts appropriated
from the special revenue fund in the second year to the commissioner of
commerce for renewable energy research under Laws 2007, chapter 57, article 2,
section 3, subdivision 6, clause (7), $500,000 must be used to support the
algae-to-biofuels research project at the University of Minnesota and the
Metropolitan Council.
Money appropriated from the
special revenue fund for renewable energy research under Laws 2007, chapter 57,
article 2, section 3, subdivision 6, clause (7), may be used for a grant to a
cellulosic ethanol facility using paper mill sludge.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Of the assessment amount
authorized under Minnesota Statutes, section 216B.241, subdivision 1e, up to
$200,000 in the second year shall be used for the required report and
activities of the Green Jobs Task Force established in this article. This is a onetime appropriation.
Of the amounts appropriated
in the second year to the commissioner of commerce from the special revenue
fund for environmentally friendly automotive technology projects under Laws 2007, chapter 57, article 2, section 3,
subdivision 6, clause (4), up to $200,000 is for the green economy
report and the statewide action plan and other activities of the Green Jobs
Task Force established in this article, of which no more than $50,000 may be
spent for the green economy report; $100,000 is for the city of St. Paul for a
site evaluation of the Ford manufacturing plant and for workforce development
and skills assessment of the Ford employees; and $250,000 is for activities and
research for the Green Manufacturing Initiative by a statewide organization
dedicated to furthering the green economy and its fiscal agent.
$1,250,000 is a reduction
from the fiscal year 2009 appropriation for E-85 cost share grants. The base for the grant program in fiscal
year 2010 is $1,000,000. The base for
fiscal year 2011 is $0.
$2,600,000 is a reduction
from the fiscal year 2008 appropriation for renewable hydrogen initiative
grants.
Subd. 5. Transfers
(a) Insurance Fraud Prevention Account
Prior to July 31, 2008, the
commissioner of finance shall transfer $1,500,000 from the unexpended balance
of the insurance fraud prevention account established in Minnesota Statutes,
section 45.0135, to the general fund.
After June 15, 2009, and
prior to June 30, 2009, the commissioner of finance shall transfer $1,500,000
from the unexpended balance of the insurance fraud prevention account
established in Minnesota Statutes, section 45.0135, to the general fund.
(b) Real Estate Education, Research and Recovery Fund
Prior to July 31, 2008, the commissioner
of finance shall transfer $850,000 from the unexpended balance of the real
estate education, research and recovery fund established in Minnesota Statutes,
section 82.43, to the general fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(c) Consumer Education Account
Prior to July 31, 2008, the
commissioner of finance shall transfer $100,000 from the unexpended balance of
the consumer education account established under Minnesota Statutes, section
58.10, to the general fund.
(d) Automobile Theft Prevention Account
Prior to July 31, 2008, the
commissioner of finance shall transfer $230,000 from the unexpended balance of
the automobile theft prevention account established in Minnesota Statutes,
section 168A.40, to the general fund.
(e) Assigned Risk Plan
By June 30, 2009, the
commissioner of finance shall transfer $10,000,000 in assets of the workers'
compensation assigned risk plan created under Minnesota Statutes, section
79.252, to the general fund.
Sec. 4. PUBLIC UTILITIES COMMISSION
Prior to July 31, 2008, the
commissioner of finance shall transfer $4,000,000 from the telephone assistance
fund established in Minnesota Statutes, section 237.701, to the general fund.
Sec. 5. Minnesota Statutes 2007 Supplement, section
80A.65, subdivision 1, is amended to read:
Subdivision 1. Registration
or notice filing fee. (a) There
shall be a filing fee of $100 for every application for registration or notice
filing. There shall be an additional
fee of one-tenth of one percent of the maximum aggregate offering price at
which the securities are to be offered in this state, and the maximum combined
fees shall not exceed $300.
(b) When an application for
registration is withdrawn before the effective date or a preeffective stop
order is entered under section 80A.54, all but the $100 filing fee shall be
returned. If an application to register
securities is denied, the total of all fees received shall be retained.
(c) Where a filing is made
in connection with a federal covered security under section 18(b)(2) of the
Securities Act of 1933, there is a fee of $100 for every initial filing. If the filing is made in connection with
redeemable securities issued by an open end management company or unit
investment trust, as defined in the Investment Company Act of 1940, there is an
additional annual fee of 1/20 of one percent of the maximum aggregate offering
price at which the securities are to be offered in this state during the notice
filing period. The fee must be paid at the
time of the initial filing and thereafter in connection with each renewal no
later than July 1 of each year and must be sufficient to cover the shares the
issuer expects to sell in this state over the next 12 months. If during a current notice filing the issuer
determines it is likely to sell shares in excess of the shares for which fees
have been paid to
the administrator, the
issuer shall submit an amended notice filing to the administrator under section
80A.50, together with a fee of 1/20 of one percent of the maximum aggregate
offering price of the additional shares.
Shares for which a fee has been paid, but which have not been sold at
the time of expiration of the notice filing, may not be sold unless an additional
fee to cover the shares has been paid to the administrator as provided in this
section and section 80A.50. If the
filing is made in connection with redeemable securities issued by such a
company or trust, there is no maximum fee for securities filings made according
to this paragraph. If the filing is
made in connection with any other federal covered security under Section
18(b)(2) of the Securities Act of 1933, there is an additional fee of one-tenth
of one percent of the maximum aggregate offering price at which the securities
are to be offered in this state, and the combined fees shall not exceed
$300. Beginning with fiscal year
2001 and continuing each fiscal year thereafter, as of the last day of each
fiscal year, the administrator shall determine the total amount of all fees
that were collected under this paragraph in connection with any filings made
for that fiscal year for securities of an open-end investment company on behalf
of a security that is a federal covered security pursuant to section 18(b)(2)
of the Securities Act of 1933. To the
extent the total fees collected by the administrator in connection with these
filings exceed $25,600,000 in a fiscal year, the administrator shall refund, on
a pro rata basis, to all persons who paid any fees for that fiscal year, the
amount of fees collected by the administrator in excess of $25,600,000. No individual refund is required of amounts
of $100 or less for a fiscal year.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 6. Minnesota Statutes 2007 Supplement, section
216C.41, subdivision 3, is amended to read:
Subd. 3. Eligibility
window. Payments may be made under
this section only for:
(a) electricity generated
from:
(1) a qualified
hydroelectric facility that is operational and generating electricity before
December 31, 2009 2011;
(2) a qualified wind energy
conversion facility that is operational and generating electricity before
January 1, 2008; or
(3) a qualified on-farm
biogas recovery facility from July 1, 2001, through December 31, 2017; and
(b) gas generated from a
qualified on-farm biogas recovery facility from July 1, 2007, through December
31, 2017.
Sec. 7. Minnesota Statutes 2006, section 216C.41,
subdivision 4, is amended to read:
Subd. 4. Payment
period. (a) A facility may receive
payments under this section for a ten-year period. No payment under this section may be made for electricity
generated:
(1) by a qualified
hydroelectric facility after December 31, 2019 2021;
(2) by a qualified wind
energy conversion facility after December 31, 2018; or
(3) by a qualified on-farm
biogas recovery facility after December 31, 2015.
(b) The payment period
begins and runs consecutively from the date the facility begins generating
electricity or, in the case of refurbishment of a hydropower facility, after
substantial repairs to the hydropower facility dam funded by the incentive
payments are initiated.
Sec. 8. Minnesota Statutes 2006, section 325E.313,
is amended to read:
325E.313 NO-CALL LIST.
Subdivision 1. Establishment
of list. The commissioner shall
establish and maintain a list of telephone numbers of residential subscribers
who object to receiving telephone solicitations. The commissioner may fulfill the requirements of this subdivision
by contracting with an agent for the establishment and maintenance of the
list. The list must be established by
January 1, 2003.
Subd. 2. Operation
and maintenance of list. (a) Each
local exchange company must inform its residential subscribers of the
opportunity to provide notification to the commissioner or its contractor that
the subscriber objects to receiving telephone solicitations. The notification must be made in the manner
prescribed by the commissioner.
(b) Any residential
subscriber may contact the commissioner or the commissioner's agent and give
notice, in the manner prescribed by the commissioner, that the subscriber
objects to receiving telephone solicitations.
The commissioner shall add the telephone number of any subscriber who
gives notice of objection to the list maintained pursuant to subdivision 1
within 90 days of the date the notice is received.
(c) Any notice given by a
subscriber under this subdivision shall be effective for four years unless
revoked by the subscriber. Any
subsequent notices given by the same subscriber related to a different
telephone number are separate from the original notice.
(d) (c) The commissioner shall
allow consumers to give notice under this subdivision by mail or
electronically.
(e) (d) The commissioner shall
establish the procedures by which a person wishing to make telephone
solicitations may obtain access to the list.
Those procedures shall, to the extent practicable, allow for access to
paper or electronic copies of the list.
Subd. 3. Use
of federal list. If, pursuant to
United States Code, title 15, section 6102(a), the Federal Trade Commission
establishes a national list of telephone numbers of subscribers who object to
receiving telephone solicitations, the commissioner shall include
subscribers who live in Minnesota and are included in the national list in the
list established under this section.
The commissioner shall also transmit to the Federal Trade Commission the
telephone numbers included on the no-call list established under this section
and shall request that they be included in the national list may
consider the Federal Trade Commission as its agent for the establishment and
maintenance of a list.
Sec. 9. Minnesota Statutes 2006, section 325E.314,
is amended to read:
325E.314 FEES; ACQUISITION AND USE OF LIST.
(a) A person or entity
desiring to make telephone solicitations shall pay a fee, payable to the
commissioner, for access to, or for paper or electronic copies of, the list
established under section 325E.313. The
fee shall not exceed $125 for each acquisition of the list. The fee shall not exceed $90 in fiscal year
2004, and the fee shall not exceed $75 in fiscal year 2005 and thereafter.
(b) (a) A caller who makes a
telephone solicitation to the telephone line of any residential subscriber
must, at the time of the call, have obtained access to a current version of the
list at least once in the 90 days prior to the call. A caller who complies with this requirement is not liable for any
violation of section 325E.312 relating to a solicitation made to a subscriber
during the first 30 days after the caller first obtained a copy of the list
including that subscriber's telephone number that has not been superseded by a
later list obtained by the caller that does not include the subscriber's
telephone number.
(c) (b) If the Federal Trade
Commission establishes a national do-not-call list as described in section
325E.313, subdivision 3 2, a person or entity who is required by
law to obtain a copy of the national list is not required to purchase or
retain a copy of the list established by the commissioner, unless the Federal
Trade Commission fails to incorporate the Minnesota names transmitted by the
commissioner may meet its requirement through proof of purchase of the
Minnesota numbers from the federal list.
Sec. 10. Minnesota Statutes 2006, section 609.531,
subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purpose of sections 609.531 to
609.5318, the following terms have the meanings given them.
(a) "Conveyance
device" means a device used for transportation and includes, but is not
limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term
"conveyance device" does not include property which is, in fact,
itself stolen or taken in violation of the law.
(b) "Weapon used"
means a dangerous weapon as defined under section 609.02, subdivision 6, that
the actor used or had in possession in furtherance of a crime.
(c) "Property"
means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband"
means property which is illegal to possess under Minnesota law.
(e) "Appropriate
agency" means the Bureau of Criminal Apprehension, the Department of
Commerce Division of Insurance Fraud Prevention, the Minnesota Division of
Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's
department, the Three Rivers Park District park rangers, the Department of
Natural Resources Division of Enforcement, the University of Minnesota Police
Department, the Department of Corrections' Fugitive Apprehension Unit, or a
city or airport police department.
(f) "Designated
offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152,
or chapter 624;
(2) for driver's license or
identification card transactions: any
violation of section 171.22; and
(3) for all other
purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17; 325E.18;
609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 609.223; 609.2231; 609.24;
609.245; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1,
clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 609.344,
subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1,
clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485;
609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66,
subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821;
609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross
misdemeanor or felony violation of section 609.891 or 624.7181; or any
violation of section 609.324.
(g) "Controlled
substance" has the meaning given in section 152.01, subdivision 4.
Sec. 11. GREEN
ECONOMY REPORT.
(a) Each state agency, other
than the Iron Range Resources and Rehabilitation Board or the Office of the
Commissioner of Iron Range Resources and Rehabilitation, that administers a loan
or grant program must assess those programs to determine their potential to
advance or promote the growth of the green economy, as defined in Minnesota
Statutes, section 116J.437. An agency
must report on its determination to the commissioner of commerce by September
15, 2008.
(b) If a program is
determined to have significant potential, the agency must develop a plan to
integrate program elements appropriate to that program to advance or promote
the growth of the green economy in this state.
An agency must report on its plan to the commissioner of commerce by
November 15, 2008.
(c) The commissioner of
commerce, in consultation with the commissioner of employment and economic
development, must develop guidelines to be followed by state agencies in complying
with this section.
(d) By January 15, 2009, the
commissioner of commerce, in consultation with the commissioner of employment
and economic development, must submit a report containing the plans developed
under paragraph (b), and any recommended implementing legislation, to the
chairs and ranking minority members of the senate and house committees with
primary jurisdiction over energy, environmental and economic development
policy, and finance.
(e) The commissioner of
commerce may contract for services to fulfill the commissioner's duties under
this section.
Sec. 12. GREEN
JOBS TASK FORCE.
Subdivision 1. Task force. (a) A Green Jobs Task Force is created to
advise and assist the governor and legislature regarding activities to advance
the state's economy, and to develop a statewide action plan as provided under
subdivision 2. The task force shall be
appointed no later than June 30, 2008, and consist of:
(1) three members of the
house of representatives, including one member of the minority party appointed
by the speaker;
(2) three members of the
senate appointed by the Subcommittee on Committees of the Committee on Rules
and Administration, including one member of the minority;
(3) seven representatives
from state agencies and institutions appointed by the governor, including one
member from the Office of Energy Security, one member from the Department of
Employment and Economic Development, one member from the Job Skills Partnership
Board, one member from the University of Minnesota, one member from Minnesota
State Colleges and Universities, one member from the Pollution Control Agency,
and one member from the Department of Natural Resources;
(4) three public members
appointed by the governor, including one member representing the manufacturing
industry, one member representing a statewide organization dedicated to
commerce, and one member representing the Agricultural Utilization Research
Institute;
(5) four public members
appointed by the speaker of the house of representatives, including one member
representing labor, one member representing a statewide environmental
organization, one member representing financial institutions or venture
capital, and one member from a local economic development authority from
greater Minnesota; and
(6) four public members
appointed by the senate Subcommittee on Committees of the Committee on Rules
and Administration, including one member from a local economic development
authority from the metropolitan area, one member from a statewide organization
dedicated to furthering the green economy, one member from a firm currently
engaged in green manufacturing, and one local workforce development
representative from an area that has experienced significant manufacturing job
loss.
(b) The commissioner of
commerce, in cooperation with the commissioner of employment and economic
development, shall provide staff support to the task force. The task force may accept outside resources
to help support its efforts.
(c) Each of the legislative
appointing authorities must name a cochair of the task force from the
legislative members appointed by that authority.
(d) Public members of the
task force must be compensated as provided in Minnesota Statutes, section
15.059, subdivision 3.
Subd. 2. Duties. (a) By January 15, 2009, the task force
shall develop and present to the legislature under Minnesota Statutes, section
3.195, and to the governor a statewide action plan to optimize the growth of
the green economy. For the purpose of this
section, "green economy" has the meaning given it by new Minnesota
Statutes, section 116J.437, if enacted.
(b) The plan must include
necessary draft legislation and budget requests and may include administrative
actions of governmental entities, collaborative actions, and actions of
individuals and individual organizations.
The plan must be developed following the analysis described in this
paragraph and must be based on the analysis.
The analysis must include:
(1) a market analysis of the
business opportunities and needs created by the laws enumerated in paragraph
(a), including local, state, national, and international markets;
(2) an analysis of the labor
force needs related to the market analysis opportunities identified in clause
(1), including educational, training, and retraining needs; and
(3) an inventory of the
current labor and business assets available to respond to the opportunities
identified in clause (1) and the labor needs identified in clause (2).
The task force shall
contract for the analysis required by this paragraph.
Subd. 3. Expiration. The task force expires June 30, 2009.
ARTICLE 7
AGRICULTURE
Section 1. SUMMARY OF APPROPRIATIONS.
The
amounts shown in this section summarize direct appropriations, by fund, made in
this article.
2008 2009 Total
General $(200,000) $388,000 $188,000
Sec.
2. APPROPRIATIONS.
The
sums shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2007, chapter
45, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from
the general fund or another named fund and are available for the fiscal years
indicated for each purpose. The figures
"2008" and "2009" used in this article mean that the
addition to or subtraction from the appropriation listed under them is
available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. Supplemental
appropriations and reductions to appropriations for the fiscal year ending June
30, 2008, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. AGRICULTURE $(200,000) $388,000
$302,000 is a reduction in
2009. The commissioner shall make a
reduction of $100,000 from agricultural marketing, $100,000 shall come from
efficiencies gained by the merger of the Agriculture Resources Management and
Development Division and the Agriculture Finance Division, and the remainder
shall come from a reduction in administrative services in Saint Paul.
$1,000,000 in 2009 is for
the livestock investment grant program in new Minnesota Statutes, section
17.118, if enacted. The commissioner
may use up to 4-1/2 percent of this appropriation for costs incurred to administer
the program. This is a onetime appropriation
and is available until spent.
The $200,000 appropriation
in Laws 2007, chapter 45, article 1, section 3, subdivision 4, for a grant to
the Elk River Economic Development Authority for a bioenergy project is
canceled to the general fund.
$310,000 is a reduction in
2009 of the appropriation for ethanol producer payments in Laws 2007, chapter
45, article 1, section 3, subdivision 4.
This reduction is onetime.
By January 15, 2009, the
commissioner shall report to the house and senate committees with jurisdiction
over agriculture finance a proposal for paying unpaid claimants of an entity no
longer producing ethanol on a commercial scale at the location for which it
qualified for producer payments.
Sec. 4. BOARD OF ANIMAL HEALTH.
Notwithstanding Minnesota
Statutes, section 35.085, the Board of Animal Health shall make a onetime grant
of up to $12,000 to a beef cattle producer from the $100,000 appropriation for
reimbursements in Laws 2007, chapter 45, article 1, section 4. The eligible beef cattle producer is located
outside of a bovine tuberculosis containment area and purchased certified
tuberculosis-free cattle yet sustained financial losses beyond the producer's
control due to restrictions imposed by the Board of Animal Health that effectively
denied the producer the ability to sell the tuberculosis-free cattle during
favorable market conditions.
Sec. 5. Minnesota Statutes 2006, section 41A.09,
subdivision 3a, is amended to read:
Subd. 3a. Ethanol
producer payments. (a) The
commissioner shall make cash payments to producers of ethanol located in the
state that have begun production at a specific location by June 30, 2000. For the purpose of this subdivision, an
entity that holds a controlling interest in more than one ethanol plant is
considered a single producer. The
amount of the payment for each producer's annual production, except as provided
in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at
a specific location on or before June 30, 2000, or ten years after the start of
production, whichever is later.
Annually, within 90 days of the end of its fiscal year, an ethanol
producer receiving payments under this subdivision must file a disclosure
statement on a form provided by the commissioner. The initial disclosure statement must include a summary
description of the organization of the business structure of the claimant, a
listing of the percentages of ownership by any person or other entity with an
ownership interest of five percent or greater, and a copy of its annual audited
financial statements, including the auditor's report and footnotes. The disclosure statement must include
information demonstrating what percentage of the entity receiving payments
under this section is owned by farmers or other entities eligible to farm or
own agricultural land in Minnesota under the provisions of section 500.24. Subsequent annual reports must reflect
noncumulative changes in ownership of ten percent or more of the entity. The report need not disclose the identity of
the persons or entities eligible to farm or own agricultural land with
ownership interests, individuals residing within 30 miles of the plant, or of
any other entity with less than ten percent ownership interest, but the
claimant must retain information within its files confirming the accuracy of
the data provided. This data must be
made available to the commissioner upon request. Not later than the 15th day of February in each year the
commissioner shall deliver to the chairs of the standing committees of the
senate and the house of representatives that deal with agricultural policy and
agricultural finance issues an annual report summarizing aggregated data from
plants receiving payments under this section during the preceding calendar
year. Audited financial statements and
notes and disclosure statements submitted to the commissioner are nonpublic
data under section 13.02, subdivision 9.
Notwithstanding the provisions of chapter 13 relating to nonpublic data,
summaries of the submitted audited financial reports and notes and disclosure
statements will be contained in the report to the committee chairs and will be
public data.
(b) No payments shall be
made for ethanol production that occurs after June 30, 2010. A producer of ethanol shall not transfer the
producer's eligibility for payments under this section to an ethanol plant at a
different location.
(c) If the level of
production at an ethanol plant increases due to an increase in the production
capacity of the plant, the payment under paragraph (a) applies to the
additional increment of production until ten years after the increased
production began. Once a plant's
production capacity reaches 15,000,000 gallons per year, no additional
increment will qualify for the payment.
(d) Total payments under
paragraphs (a) and (c) to a producer in a fiscal year may not exceed
$3,000,000.
(e) By the last day of
October, January, April, and July, each producer shall file a claim for payment
for ethanol production during the preceding three calendar months. A producer that files a claim under this
subdivision shall include a statement of the producer's total ethanol
production in Minnesota during the quarter covered by the claim. For each claim and statement of total
ethanol production filed under this subdivision, the volume of ethanol
production must be examined by an independent certified public accountant in
accordance with standards established by the American Institute of Certified
Public Accountants.
(f) Payments shall be made
November 15, February 15, May 15, and August 15. A separate payment shall be made for each claim filed. Except as provided in paragraph (g), the
total quarterly payment to a producer under this paragraph may not exceed
$750,000.
(g) Notwithstanding the
quarterly payment limits of paragraph (f), the commissioner shall make an
additional payment in the fourth quarter of each fiscal year to ethanol
producers for the lesser of: (1) 20
cents per gallon of production in the fourth quarter of the year that is
greater than 3,750,000 gallons; or (2) the total amount of payments lost during
the first three quarters of the fiscal year due to plant outages, repair, or
major maintenance. Total payments to an
ethanol producer in a fiscal year, including any payment under this paragraph,
must not exceed the total amount the producer is eligible to receive based on
the producer's approved production capacity.
The provisions of this paragraph apply only to production losses that
occur in quarters beginning after December 31, 1999.
(h) The commissioner shall
reimburse ethanol producers for any deficiency in payments during earlier
quarters if the deficiency occurred because of unallotment or because
appropriated money was insufficient to make timely payments in the full amount
provided in paragraph (a).
Notwithstanding the quarterly or annual payment limitations in this
subdivision, the commissioner shall begin making payments for earlier
deficiencies in each fiscal year that appropriations for ethanol payments
exceed the amount required to make eligible scheduled payments. Payments for earlier deficiencies must
continue until the deficiencies for each producer are paid in full, except
the commissioner shall not make a deficiency payment to an entity that no
longer produces ethanol on a commercial scale at the location for which the
entity qualified for producer payments, or to an assignee of the entity.
(i) The commissioner may
make direct payments to producers of rural economic infrastructure with any
amount of the annual appropriation for ethanol producer payments and rural
economic infrastructure that is in excess of the amount required to make
scheduled ethanol producer payments and deficiency payments under paragraphs
(a) to (h).
Sec. 6. Laws 2007, chapter 45, article 1, section 3,
subdivision 4, is amended to read:
Subd. 4. Bioenergy and Value-Added Agricultural
Products 19,918,000 15,168,000
$15,168,000 the first year
and $15,168,000 the second year are for ethanol producer payments under
Minnesota Statutes, section 41A.09. If
the total amount for which all producers are eligible in a quarter exceeds the
amount available for payments, the commissioner shall make payments on a pro
rata basis. If the appropriation
exceeds the total amount for which all producers are eligible in a fiscal year
for scheduled payments and for deficiencies in payments during previous fiscal
years, the balance in the appropriation is available to the commissioner for
value-added agricultural programs including the value-added agricultural
product processing and marketing grant program under Minnesota Statutes,
section 17.101, subdivision 5. The
appropriation remains available until spent.
$3,000,000 the first year is
for grants to bioenergy projects. The
NextGen Energy Board shall make recommendations to the commissioner on grants
for owners of Minnesota facilities producing bioenergy, organizations that
provide for on-station, on-farm field scale research and outreach to develop
and test the agronomic and economic requirements of diverse stands of prairie
plants and other perennials for bioenergy systems, or certain nongovernmental
entities. For the purposes of this
paragraph, "bioenergy" includes transportation fuels derived from
cellulosic material as well as the generation of energy for commercial heat,
industrial process heat, or electrical power from cellulosic material
via gasification or other
processes. The board must give priority
to a bioenergy facility that is at least 60 percent owned and controlled by
farmers, as defined in Minnesota Statutes, section 500.24, subdivision 2,
paragraph (n), or natural persons residing in the county or counties contiguous
to where the facility is located.
Grants are limited to 50 percent of the cost of research, technical
assistance, or equipment related to bioenergy production or $500,000 $1,000,000,
whichever is less. Grants to
nongovernmental entities for the development of business plans and structures
related to community ownership of eligible bioenergy facilities together may
not exceed $150,000. The board shall
make a good faith effort to select projects that have merit and when taken
together represent a variety of bioenergy technologies, biomass feedstocks, and
geographic regions of the state.
Projects must have a qualified engineer certification on the technology
and fuel source. Grantees shall provide
reports at the request of the commissioner and must actively participate in the
Agricultural Utilization Research Institute's Renewable Energy Roundtable. No later than February 1, 2009, the commissioner
shall report on the projects funded under this appropriation to the house and
senate committees with jurisdiction over agriculture finance. The commissioner's costs in administering
the program may be paid from the appropriation.
$350,000 the first year is
for grants to the Minnesota Institute for Sustainable Agriculture at the
University of Minnesota to provide funds for on-station and on-farm field scale
research and outreach to develop and test the agronomic and economic
requirements of diverse stands of prairie plants and other perennials for
bioenergy systems including, but not limited to, multiple species selection and
establishment, ecological management between planting and harvest, harvest
technologies, financial and agronomic risk management, farmer goal setting and
adoption of technologies, integration of wildlife habitat into management
approaches, evaluation of carbon and other benefits, and robust policies needed
to induce farmer conversion on marginal lands.
* (The preceding text beginning "$350,000 the first year" was
indicated as vetoed by the governor.)
$200,000 the first year is
for a grant to the Minnesota Turf Seed Council for basic and applied agronomic
research on native plants, including plant breeding, nutrient management, pest
management, disease management, yield, and viability. The grant recipient may subcontract with a qualified third party
for some or all of the basic or applied research. The grant recipient must actively participate in the Agricultural
Utilization Research Institute's Renewable Energy Roundtable and no later than
February 1, 2009, must report to the house and senate committees with
jurisdiction over agriculture finance.
This is a onetime appropriation and is available until spent.
$200,000 the first year is
for a grant to a joint venture combined heat and power energy facility located
in Scott or LeSueur County for the creation of a centrally located biomass fuel
supply depot with the capability of unloading, processing, testing, scaling,
and storing renewable biomass fuels.
The grant must be matched by at least $3 of nonstate funds for every $1
of state funds. The grant recipient
must actively participate in the Agricultural Utilization Research Institute's
Renewable Energy Roundtable and no later than February 1, 2009, must report to
the house and senate committees with jurisdiction over agriculture
finance. This is a onetime
appropriation and is available until spent.
$300,000 the first year is
for a grant to the Bois Forte Band of Chippewa for a feasibility study of a
renewable energy biofuels demonstration facility on the Bois Forte Reservation
in St. Louis and Koochiching Counties.
The grant shall be used by the Bois Forte Band to conduct a detailed
feasibility study of the economic and technical viability of developing a
multistream renewable energy biofuels demonstration facility on Bois Forte
Reservation land to utilize existing forest resources, woody biomass, and
cellulosic material to produce biofuels or bioenergy. The grant recipient must actively participate in the Agricultural
Utilization Research Institute's Renewable Energy Roundtable and no later than
February 1, 2009, must report to the house and senate committees with
jurisdiction over agriculture finance.
This is a onetime appropriation and is available until spent.
$300,000 the first year is
for a grant to the White Earth Band of Chippewa for a feasibility study of a
renewable energy biofuels production, research, and production facility on the
White Earth Reservation in Mahnomen County.
The grant must be used by the White Earth Band and the University of
Minnesota to conduct a detailed feasibility study of the economic and technical
viability of (1) developing a multistream renewable energy biofuels
demonstration facility on White Earth Reservation land to utilize existing
forest resources, woody biomass, and cellulosic material to produce biofuels or
bioenergy, and (2) developing, harvesting, and marketing native prairie plants
and seeds for bioenergy production. The
grant recipient must actively participate in the Agricultural Utilization
Research Institute's Renewable Energy Roundtable and no later than February 1,
2009, must report to the house and senate committees with jurisdiction over
agriculture finance. This is a onetime
appropriation and is available until spent.
$200,000 the first year is
for a grant to the Elk River Economic Development Authority for upfront
engineering and a feasibility study of the Elk River renewable fuels
facility. The facility must use a
plasma gasification process to convert primarily cellulosic material, but may
also use plastics and other components from municipal solid waste, as feedstock
for the production of methanol
for use in biodiesel
production facilities. Any unencumbered
balance in fiscal year 2008 does not cancel but is available for fiscal year
2009. Notwithstanding Minnesota
Statutes, section 16A.285, the agency must not transfer this appropriation. The grant recipient must actively
participate in the Agricultural Utilization Research Institute's Renewable
Energy Roundtable and no later than February 1, 2009, must report to the house
and senate committees with jurisdiction over agriculture finance. This is a onetime appropriation and is
available until spent.
$200,000 the first year is
for a grant to Chisago County to conduct a detailed feasibility study of the
economic and technical viability of developing a multistream renewable energy
biofuels demonstration facility in Chisago, Isanti, or Pine County to utilize existing
forest resources, woody biomass, and cellulosic material to produce biofuels or
bioenergy. Chisago County may expend
funds to Isanti and Pine Counties and the University of Minnesota for any costs
incurred as part of the study. The
feasibility study must consider the capacity of: (1) the seed bank at Wild River State Park to expand the existing
prairie grass, woody biomass, and cellulosic material resources in Chisago,
Isanti, and Pine Counties; (2) willing and interested landowners in Chisago,
Isanti, and Pine Counties to grow cellulosic materials; and (3) the Minnesota
Conservation Corps, the sentence to serve program, and other existing workforce
programs in east central Minnesota to contribute labor to these efforts. The grant recipient must actively
participate in the Agricultural Utilization Research Institute's Renewable
Energy Roundtable and no later than February 1, 2009, must report to the house
and senate committees with jurisdiction over agriculture finance. This is a onetime appropriation and is
available until spent.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE 8
VETERANS AFFAIRS
Section 1. SUMMARY OF APPROPRIATIONS.
The
amounts shown in this section summarize direct appropriations, by fund, made in
this article.
2008 2009 Total
General $-0- $4,145,000 $4,145,000
Special Revenue -0- (338,000) (338,000)
Sec.
2. APPROPRIATIONS.
The
sums shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2007, chapter
45, article 2, to the agencies and for the purposes specified in this
article. The appropriations are from
the general fund or another named fund and are available for the fiscal years
indicated for each purpose. The figures
"2008" and "2009" used in this article mean that the
addition to or subtraction from the appropriation listed under them is
available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. Supplemental
appropriations and reductions to appropriations for the fiscal year ending June
30, 2008, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. VETERANS AFFAIRS
Subdivision 1. Total Appropriation $-0- $3,807,000
The appropriation additions
or reductions for each purpose are shown in the following paragraphs.
$500,000 in 2009 is added to
the base for grants to counties for veterans service offices as provided under
Laws 2007, chapter 45, article 2, section 1, paragraph (b). This is a onetime appropriation.
$2,500,000 in 2009 is for
state soldiers assistance under Minnesota Statutes, section 197.05. Of this amount, $1,500,000 is added to the
base for this activity. This appropriation
is available until spent. The
appropriation for state soldiers assistance for 2009 in Laws 2007, chapter 45,
article 2, section 1, is available in 2008 if the appropriation for 2008 is
insufficient.
$500,000 in 2009 is for
casework services for veterans. The
commissioner, in consultation with the Department of Administration, shall use
the request for proposal process in Minnesota Statutes, chapter 16C, to solicit
bids for the provision of these services.
The casework services provided should be community-based, available
statewide, and include in-home counseling.
$220,000 in 2009 is added to
the base for operations of the LinkVET telephone line service for veterans.
For purposes of efficiency,
the commissioner must combine the services available through the toll-free
higher education call center for veterans with those available through LinkVET.
$250,000 in 2009 is for a
grant to the Minnesota Assistance Council for Veterans for their work in
helping veterans and their families affected by homelessness.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$250,000 in 2009 is for the
Veterans Claims Office for outreach and training to improve services and
benefits to veterans. This
appropriation includes money to add veterans service officer/coordinator
positions, including one to assist female veterans.
$25,000 in 2009 is to
develop a pilot program for peer-to-peer counseling among combat veterans. This is a onetime appropriation.
$338,000 is a reduction in
2009 from the special revenue fund appropriation from the account established
in Minnesota Statutes, section 190.19.
$200,000 in 2009 is a
onetime appropriation for:
(1) an intergovernmental and
veterans strategic planning study for the Minnesota veterans homes, with special
emphasis on exploring alternative models for the Minneapolis veterans home;
(2) a study of the
feasibility of partnering for home-based services for veterans with
nongovernmental, nonprofit, or faith-based social service and health care
delivery organizations, as a means of enabling veterans to live more
independently, as an alternative to the projected sharply increasing needs for
domiciliary and skilled nursing beds in state veterans homes. This is a onetime appropriation; and
(3) designing a treatment
program for veterans with traumatic brain injuries within the state veterans
homes.
$300,000 is a reduction in
2009 for the Veterans Homes Board. The
base appropriation for fiscal years 2010 and 2011 is reduced by $300,000 in
each year. This reduction is made
possible by the enhanced efficiency in administration of the homes associated
with the transfer of governing authority from the Veterans Homes Board to the
commissioner of veterans affairs.
Subd. 2. Report to the Legislature
By January 15, 2009, the
commissioner shall report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over veterans affairs
policy and finance regarding activities and expenditures in programs receiving
an appropriation in this article.
Sec. 4. Minnesota Statutes 2006, section 168.1255,
is amended by adding a subdivision to read:
Subd. 6. World War II memorial
donation match account. Money
remaining in the World War II memorial donation match account after the state
share of the construction costs of the World War II memorial has been paid in
full is appropriated to the commissioner of veterans affairs for services and
programs for veterans and their families.
Sec. 5. Minnesota Statutes 2006, section 190.19,
subdivision 1, is amended to read:
Subdivision 1. Establishment. The Minnesota "Support Our Troops"
account is established in the special revenue fund. The account shall consist of contributions from private sources
and appropriations. Money in the
account is appropriated in equal shares to the Department of Military Affairs
and the Department of Veterans Affairs.
EFFECTIVE DATE. Notwithstanding Laws 2007, chapter 45, article 2, section 1,
and article 3, section 2, subdivision 3, this section is effective for
distribution of the Minnesota "Support Our Troops" account the day
following final enactment.
Sec. 6. Minnesota Statutes 2006, section 190.19, is
amended by adding a subdivision to read:
Subd. 2a. Uses; veterans. Money appropriated to the Department of
Veterans Affairs from the Minnesota "Support Our Troops" account may
be used for:
(1) grants to veterans
service organizations; and
(2) outreach to underserved
veterans.
Sec. 7. Laws 2007, chapter 144, article 1, section
7, is amended to read:
Sec. 7. DEPARTMENT OF VETERANS AFFAIRS. $6,000,000 $6,000,000
For grants to eligible
veterans or the eligible spouses and children of veterans as provided under
Minnesota Statutes, section 197.791. If
the appropriation in this subdivision for either year is insufficient, the
appropriation for the other year is available for it.
Of this appropriation, no
more than three percent $100,000 each year may be used for the
administrative costs of operating this program.
On June 1, 2009, the
commissioner of finance must determine the amount needed to fully fund the
grant program under Minnesota Statutes, section 197.791, and must adjust the
appropriations in this section to the amount needed to provide grants for all
eligible veterans.
ARTICLE 9
MILITARY AFFAIRS
Section 1. SUMMARY OF APPROPRIATIONS.
The
amounts shown in this section summarize direct appropriations, by fund, made in
this article.
2008 2009 Total
General $-0- $390,000 $390,000
Special Revenue -0- (338,000) (338,000)
Sec.
2. APPROPRIATIONS.
The
sums shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2007, chapter
45, article 3, to the agencies and for the purposes specified in this article. The appropriations are from the general fund
or another named fund and are available for the fiscal years indicated for each
purpose. The figures "2008"
and "2009" used in this article mean that the addition to or
subtraction from the appropriation listed under them is available for the
fiscal year ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and reductions
to appropriations for the fiscal year ending June 30, 2008, are effective the
day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. MILITARY AFFAIRS $-0- $52,000
$75,000 in 2009 is to
establish a state enhancement of the employer support of the guard and reserve
program. The funding base for this
activity is $35,000 each year in fiscal years 2010 and 2011.
$135,000 in 2009 is to make
$1,000 biannual bonus payments to National Guard medics who meet
recertification requirements during the fiscal year.
$180,000 in 2009 is to add
"state navigator" positions to coordinate state agency programs and
activities to support and assist soldiers and their families during and after
the reintegration process.
$338,000 is a reduction in
2009 from the special revenue fund appropriation from the account established
in Minnesota Statutes, section 190.19.
Sec. 4. Minnesota Statutes 2007 Supplement, section
190.19, subdivision 2, is amended to read:
Subd. 2. Uses. (a) Money appropriated from the Minnesota
"Support Our Troops" account to the Department of Military Affairs
may be used for:
(1) grants directly to
eligible individuals;
(2) grants to one or more
eligible foundations for the purpose of making grants to eligible individuals,
as provided in this section; or
(3) veterans' services.;
or
(4) grants to family
readiness groups chartered by the adjutant general.
(b) As used in paragraph
(a), the term, "eligible individual" includes any person
who is:
(1) a member of the
Minnesota National Guard or a reserve unit based in Minnesota who has been
called to active service as defined in section 190.05, subdivision 5;
(2) a Minnesota resident who
is a member of a military reserve unit not based in Minnesota, if the member is
called to active service as defined in section 190.05, subdivision 5;
(3) any other Minnesota
resident performing active service for any branch of the military of the United
States;
(4) a person who served in
one of the capacities listed in clause (1), (2), or (3) who has current
financial needs directly related to that service; and
(5) a member of the immediate
family of an individual identified in clause (1), (2), (3), or (4). For purposes of this clause, "immediate
family" means the individual's spouse and minor children and, if they are
dependents of the member of the military, the member's parents, grandparents,
siblings, stepchildren, and adult children.
(c) As used in paragraph
(a), the term "eligible foundation" includes any organization
that:
(1) is a tax-exempt
organization under section 501(c)(3) of the Internal Revenue Code;
(2) has articles of
incorporation under chapter 317A specifying the purpose of the organization as
including the provision of financial assistance to members of the Minnesota
National Guard and other United States armed forces reserves and their families
and survivors; and
(3) agrees in writing to
distribute any grant money received from the adjutant general under this
section to eligible individuals as defined in this section and in accordance
with any written policies and rules the adjutant general may impose as conditions
of the grant to the foundation.
(d) The maximum grant
awarded to an eligible individual under paragraph (a) in a calendar year
with funds from the Minnesota "Support Our Troops" account, either
through an eligible institution or directly from the adjutant general, may not
exceed $2,000.
Sec. 5. Minnesota Statutes 2006, section 190.25,
subdivision 3, is amended to read:
Subd. 3. Sale;
use of funds. The adjutant general
is authorized to sell in the manner provided by law any or all
(1) land, and
(2) timber, growing
crops, buildings, and other improvements, if any, situated upon the land,
acquired under the authority of subdivision 1 or which may hereafter comprise
the Camp Ripley Military Field Training Center and not needed for military
training purposes. The proceeds of any
sales shall be deposited in the general fund.
The adjutant general may use
funds that are directly appropriated for the acquisition of land, the payment
of expenses of forest management on land forming the Camp Ripley Military
Reservation, and the provision of an Enlisted Person's Service Center. If amounts that are directly appropriated
for these purposes in either year of a biennium are insufficient, the
appropriation for the other year of the biennium is available.
Sec. 6. Minnesota Statutes 2006, section 190.25, is
amended by adding a subdivision to read:
Subd. 3a. Timber sales; use of
funds. The adjutant general
is authorized to sell in the manner provided by law any or all timber on land
acquired under the authority of subdivision 1 or which may hereafter comprise
the Camp Ripley Military Field Training Center. The proceeds of any sales of timber under this subdivision must
be deposited in an account in the special revenue fund and are appropriated to
the adjutant general to be used to manage the timber resources of Camp Ripley
in a manner consistent with the camp's purpose as lands for training armed
forces.
Sec. 7. [192.341]
STATE ENHANCED EMPLOYER SUPPORT OF GUARD AND RESERVE (ESGR) PROGRAM.
The adjutant general is
authorized to establish and administer a state enhancement to the federal
Employer Support of Guard and Reserve (ESGR) Program. The adjutant general shall develop policy and guidelines for the
administration of the program established under this section.
Sec. 8. Minnesota Statutes 2006, section 192.501, is
amended by adding a subdivision to read:
Subd. 1c. Medic recertification
bonus program. (a) The
adjutant general may establish a program to provide a recertification bonus to
eligible members of the Minnesota National Guard who recertify as emergency
medical technicians (EMTs) in the National Guard within the limitations of this
subdivision. The bonus payments are
intended to generally encourage a member's continuing certification as an EMT.
(b) Eligibility for the
recertification bonus is limited to a member of the National Guard who:
(1) is serving
satisfactorily as determined by the adjutant general; and
(2) has successfully
completed the training required for recertification and warrants the payment of
a bonus.
(c) The adjutant general
may, within the limitations of this subdivision and other applicable laws,
determine additional eligibility criteria for the bonus, and must specify all
of the criteria in regulations and publish changes as necessary.
(d) Payments under this
subdivision must be made on a schedule that is determined and published in
department regulations by the adjutant general.
Sec. 9. Minnesota Statutes 2006, section 192.501, is
amended by adding a subdivision to read:
Subd. 2a. Usage of tuition and
textbook reimbursement grant program by spouse permitted. (a) Notwithstanding the eligibility
limitations of subdivision 2, paragraph (b), the spouse of a person eligible
under subdivision 2, paragraph (b), is eligible to use up to 12 semester hours
per year, or the equivalent amount of quarter credits, of that eligible
person's unused tuition reimbursement benefit for each year of service in the
Minnesota National Guard after the eighth year of such service.
(b) Total benefits under
this subdivision cannot exceed the total unused portion of the service member's
benefit. A service member's and
spouse's eligibility for tuition reimbursement under this subdivision is
limited by the provisions of subdivision 2, paragraph (g).
Sec. 10. STARBASE
STUDY.
The appropriation in Laws
2007, chapter 45, article 3, section 2, subdivision 3, for a longitudinal study
measuring improvement in academic achievement as a result of participation in
the Starbase program is available until June 30, 2009. The Department of Military Affairs must
contract with the Wilder Foundation to conduct the study.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 11. NATIONAL
GUARD YOUTH CHALLENGE PROGRAM STUDY.
The adjutant general and the
Department of Military Affairs shall study participation by the Minnesota
National Guard in the National Guard Youth Challenge Program promoted by the
National Guard Youth Foundation. The
adjutant general shall report on the study and make recommendations to the
governor and the committees of the senate and the house of representatives with
jurisdiction over National Guard programs by January 15, 2009. The study must include:
(1) possible locations for
the Minnesota National Guard Youth Challenge Program;
(2) estimated start-up costs
for the program;
(3) application and
establishment procedures and resources required to apply for and establish the
program; and
(4) a survey of similar
programs established in other states and how each state comes up with the state
match required to obtain federal funds.
ARTICLE 10
ECONOMIC DEVELOPMENT
Section 1. SUMMARY OF APPROPRIATIONS.
The
amounts shown in this section summarize direct appropriations, by fund, made in
this article.
2008 2009 Total
General $(2,425,000) $1,512,000 $(913,000)
Sec.
2. APPROPRIATIONS.
The
dollar amounts in the columns under "APPROPRIATIONS" are added to or,
if shown in parentheses, subtracted from the appropriations in Laws 2007,
chapter 135, or other law to the specified agencies. The appropriations are from the general fund, or another named
fund, and are available for the fiscal years indicated for each purpose. The figures "2008" and
"2009" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first year" is fiscal year 2008. "The second
year" is fiscal year 2009. "The biennium" is fiscal years 2008
and 2009. Appropriations for the fiscal
year ending June 30, 2008, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. EMPLOYMENT AND ECONOMIC DEVELOPMENT
Subdivision 1. Total Appropriation $(3,000,000) $445,000
The appropriation additions
or reductions for each purpose are shown in the following subdivisions.
Subd. 2. Employment and Economic Development
-0- (550,000)
This is an ongoing base
reduction to the department's operating budget. This reduction must not result in layoffs.
Subd. 3. Business and Community Development
(3,000,000) 800,000
(a) $400,000 in the second
year is for the establishment and operation of the Office of Science and
Technology. This is a onetime
appropriation and is available until expended.
(b) $400,000 in the second
year is a onetime appropriation for transfer to the revolving loan account
created in Minnesota Statutes, section 116J.996, subdivision 3, for the
military reservist economic injury loan program, resulting from a call to
active military duty.
Subd. 4. Workforce Development -0- 195,000
(a) $120,000 in the second
year is for a grant to HIRED to operate its industry sector training
initiatives, which provide employee training developed in collaboration with
employers in specific, high-demand industries.
This is a onetime appropriation.
(b) $75,000 in the second
year is for a grant to Lifetrack Resources for a onetime pilot project in
Rochester focusing on immigrant and refugee collaborative programs, including
those related to job-seeking skills and workplace orientation, intensive job
development, functional work English, and on-site job coaching. This is a onetime appropriation and is
available until expended.
Subd. 5. Cancellations
By July 31, 2008, the
commissioner of finance shall cancel the unencumbered balance of the
appropriation in Laws 2005, First Special Session chapter 3, article 10,
section 23, to the foreign trade zone authority, estimated to be $608,000, to
the general fund.
By July 31, 2008, the
commissioner of finance shall cancel $2,000,000 of the balance in the job
skills partnership account to the general fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 6. Transfers In
By July 31, 2008, the commissioner
of finance shall transfer the unencumbered balance of the appropriation in Laws
2005, First Special Session chapter 1, article 3, section 2, subdivision 2, for
the methamphetamine laboratory cleanup revolving loan account in the public
facilities authority fund, estimated to be $150,000, to the general fund.
By July 31, 2008, the
commissioner of finance shall transfer $8,000,000 of the unencumbered balance
in the workforce development fund to the general fund.
Subd. 7. Minnesota Minerals 21st Century Fund
Notwithstanding Minnesota
Statutes, section 116J.423, by June 30, 2009, the commissioner shall make a
$1,000,000 grant and a $1,000,000 loan from the Minnesota Minerals 21st Century
Fund to Magnetation, Inc. for reclamation of iron ore.
Sec. 4. LABOR AND INDUSTRY
Subdivision 1. Base Reduction $-0- $(43,000)
$43,000 in the second year
is a base reduction. The commissioner
must not reduce funding available for prevailing wage enforcement and must fill
all positions when vacancies become available.
Subd. 2. Transfers In
By June 30, 2009, the
commissioner of finance shall transfer $2,000,000 from the construction code
fund under Minnesota Statutes, section 326B.04, to the general fund.
Sec. 5. BUREAU OF MEDIATION SERVICES $-0- $(69,000)
This is a base reduction.
Sec. 6. EXPLORE MINNESOTA TOURISM $-0- $1,299,000
(a) $1,299,000 is for a
grant to the Minnesota Film and TV Board for the jobs production program under
Minnesota Statutes, section 116U.26.
This is a onetime appropriation and is in addition to any other
appropriation for the jobs program under Minnesota Statutes, section
116U.26. This appropriation is
available until expended.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(b) $500,000 of the balance
in the special marketing account established pursuant to Laws 2005, First
Special Session chapter 1, article 3, section 6, must be used for a onetime
grant to the Minnesota Film and TV Board for the production of a film in
Minnesota in calendar years 2008 and 2009.
The grant is in addition to any payments made for the same purpose from
the film production jobs program under Minnesota Statutes, section
116U.26. This appropriation is
available until expended.
Sec. 7. HOUSING FINANCE AGENCY $-0- $(200,000)
This is a onetime reduction.
Sec. 8. MINNESOTA BOXING COMMISSION $-0- $80,000
This amount is added to the
commission's or its successor's base budget.
Sec. 9. MINNESOTA HISTORICAL SOCIETY $575,000 $-0-
$575,000 in the first year
is a onetime appropriation for the Minnesota Sesquicentennial Commission. The Minnesota Historical Society, the State
Arts Board, and Explore Minnesota Tourism may assist the commission in
designing and implementing the grants program.
The commission shall encourage private contributions to match the state
money to the greatest extent possible.
Any gifts, pledges, membership fees, or contributions received by the
commission are appropriated to the commission.
This appropriation is available until June 30, 2009.
Sec. 10. [116J.996]
MILITARY RESERVIST ECONOMIC INJURY LOANS.
Subdivision 1. Definitions. (a) The definitions in this subdivision
apply to this section.
(b) "Active
service" has the meaning given in section 190.05.
(c) "Commissioner"
means the commissioner of employment and economic development.
(d) "Eligible
business" means a small business, as defined in section 645.445, that was
operating in Minnesota on the date a military reservist received orders for
active service.
(e) "Essential
employee" means a military reservist who is an owner or employee of an
eligible business and whose managerial or technical expertise is critical to
the day-to-day operation of the eligible business.
(f) "Military
reservist" means a member of the reserve component of the armed forces.
(g) "Reserve component
of the armed forces" has the meaning given it in United States Code, title
10, section 101(c).
(h) "Substantial
economic injury" means an economic harm to an eligible business that
results in the inability of the eligible business to:
(1) meet its obligations as
they mature;
(2) pay its ordinary and
necessary operating expenses; or
(3) manufacture, produce,
market, or provide a product or service ordinarily manufactured, produced,
marketed, or provided by the eligible business.
Subd. 2. Loan program. The commissioner may make onetime,
interest-free loans of up to $20,000 per borrower to eligible businesses that
have sustained or are likely to sustain substantial economic injury as a result
of the call to active service for 180 days or more of an essential
employee. Loans must be made for the
purpose of preventing, remedying, or ameliorating the substantial economic
injury.
Subd. 3. Revolving loan account. The commissioner shall use money appropriated
for the purpose to establish a revolving loan account. All repayments of loans made under this
section must be deposited into this account.
Interest earned on money in the account accrues to the account. Money in the account is appropriated to the
commissioner for purposes of the loan program created in this section,
including costs incurred by the commissioner to establish and administer the
program.
Subd. 4. Rules. Using the expedited rulemaking procedures
of section 14.389, the commissioner shall develop and publish expedited rules
for loan applications, use of funds, needed collateral, terms of loans, and
other details of military reservist economic injury loans.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2006, section 116L.04,
subdivision 1, is amended to read:
Subdivision 1. Partnership
program. (a) The partnership
program may provide grants-in-aid to educational or other nonprofit educational
institutions using the following guidelines:
(1) the educational or other
nonprofit educational institution is a provider of training within the state in
either the public or private sector;
(2) the program involves
skills training that is an area of employment need; and
(3) preference will be given
to educational or other nonprofit training institutions which serve
economically disadvantaged people, minorities, or those who are victims of
economic dislocation and to businesses located in rural areas.
(b) A single grant to any
one institution shall not exceed $400,000.
A portion of a grant may be used for preemployment training.
(c) Each institution must
provide for the dissemination of summary results of a grant-funded project,
including, but not limited to, information about curriculum and all supporting
materials developed in conjunction with the grant. Results of projects developed by any Minnesota State Colleges and
Universities system institution must be disseminated throughout the system.
Sec. 12. Minnesota Statutes 2006, section 116L.05,
subdivision 3, is amended to read:
Subd. 3. Use
of funds. The Job Skills
Partnership Board may use up to six percent of any funds it receives,
regardless of the source, for activities authorized under section 116L.04,
subdivision 2. The board may also
use a portion of these funds to collect and disseminate information on the
activities under section 116L.04, subdivision 2. The board must plan for the statewide dissemination of the
results, curriculum, and supporting materials of these grant-funded projects.
Sec. 13. Minnesota Statutes 2006, section 116L.05,
subdivision 5, is amended 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. 14. Minnesota Statutes 2006, section 116L.16, is
amended to read:
116L.16 DISTANCE-WORK GRANTS.
The Job Skills Partnership
Board may make grants-in-aid for distance-work projects. The purpose of the grants is to promote
distance-work projects involving technology in rural areas and may include a
consortium of organizations partnering in the development of rural technology
industry. Grants may be used to
identify and train rural workers in technology, act as a catalyst to bring
together employers and rural employees to perform distance work, and provide
rural workers with physical connections to telecommunications infrastructure,
where necessary, in order to be self-employed or employed from their homes or
satellite offices. Grants must be made
according to sections 116L.02 and 116L.04, except that:
(1) the business match may
include, but is not limited to, office space; additional management or
technology staff costs; start-up equipment costs such as telecommunications
infrastructure, additional software, or computer upgrades; consulting fees for
implementation of distance-work policies or identification and skill assessment
of potential employees; and the joint financial contribution of two or more
businesses acting as a consortium;
(2) cash or in-kind
contributions by partnering organizations may be used as a match;
(3) eligible grantees may be
educational or nonprofit educational training organizations; and
(4) grants-in-aid may be packaged with loans under section
116L.06, subdivision 6; and
(5) with respect to grants
serving as a catalyst to bring together employers and rural employees to
perform distance work, the match must be at least one-to-two.
The board shall, to the
extent there are sufficient applications, make grant awards to as many parts of
the state as possible. Subject to the
requirement for geographic distribution of grants, preference shall be given to
grant applications that provide the most cost-effective training proposals,
that provide the best prospects for high-paying jobs with high retention rates,
or that are from more economically distressed rural areas or communities.
Grantees must meet reporting
and evaluation requirements established by the board.
Sec. 15. Minnesota Statutes 2007 Supplement, 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 terminated or
has received a notice of termination of employment as a result of a plant
closing or a substantial layoff at a plant, facility, or enterprise;
(4) 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;
(5) has been permanently
separated from employment in a restaurant, bar, or lawful gambling organization
from October 1, 2007, to October 1, 2009, due to the implementation of any
state law prohibiting smoking; or
(6) is a veteran as defined
by section 197.447, has been discharged or released from active duty under
honorable conditions within the last 36 months, and (i) is unemployed or (ii)
is employed in a job verified to be below the skill level and earning capacity
of the veteran; or
(6) (7) 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.
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.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2006, 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. 17. Minnesota Statutes 2006, section 116U.26, is
amended to read:
116U.26 FILM JOBS PRODUCTION PROGRAM.
(a) The film production jobs
program is created. The program shall
be operated by the Minnesota Film and TV Board with administrative oversight
and control by the director of Explore Minnesota Tourism. The program shall make payment to producers
of feature films, national television or Internet programs,
documentaries, music videos, and commercials that directly create new film jobs
in Minnesota. To be eligible for a
payment, a producer must submit documentation to the Minnesota Film and TV
Board of expenditures for production costs incurred in Minnesota that are
directly attributable to the production in Minnesota of a film product.
The Minnesota Film and TV
Board shall make recommendations to the director of Explore Minnesota Tourism
about program payment, but the director has the authority to make the final
determination on payments. The
director's determination must be based on proper documentation of eligible
production costs submitted for payments.
No more than five percent of the funds appropriated for the program in
any year may be expended for administration.
(b) For the purposes of this
section:
(1) "production
costs" means the cost of the following:
(i) a story and scenario to
be used for a film;
(ii) salaries of talent,
management, and labor, including payments to personal services corporations for
the services of a performing artist;
(iii) set construction and
operations, wardrobe, accessories, and related services;
(iv) photography, sound
synchronization, lighting, and related services;
(v) editing and related
services;
(vi) rental of facilities
and equipment; or
(vii) other direct costs of
producing the film in accordance with generally accepted entertainment industry
practice; and
(2) "film" means a
movie feature film, television or Internet show,
documentary, music video, or television commercial, whether on film or,
video, or digital media. Film
does not include news, current events, public programming, or a program that
includes weather or market reports; a talk show; a production with respect to a
questionnaire or contest; a sports event or sports activity; a gala
presentation or awards show; a finished production that solicits funds; or a
production for which the production company is required under United States
Code, title 18, section 2257, to maintain records with respect to a performer
portrayed in a single-media or multimedia program.
(c) Notwithstanding any
other law to the contrary, the Minnesota Film and TV Board may make
reimbursements of up to 20 percent of film production costs for films that
incur production costs in excess of $5,000,000 in Minnesota within a 12-month
period.
EFFECTIVE DATE. This section is effective for films that are certified by the
Minnesota Film and TV Board on or after the day following final enactment.
Sec. 18. Minnesota Statutes 2006, section 298.223,
subdivision 2, is amended to read:
Subd. 2. Administration. (a) The taconite area environmental
protection fund shall be administered by the commissioner of the Iron Range
Resources and Rehabilitation Board. The
commissioner shall by September 1 of each year submit to the board a list of
projects to be funded from the taconite area environmental protection fund,
with such supporting information including description of the projects, plans,
and cost estimates as may be necessary.
(b) Each year no less than
one-half of the amounts deposited into the taconite environmental protection
fund must be used for public works projects, including construction of sewer
and water systems, as specified under subdivision 1, paragraph (c). The Iron Range Resources and Rehabilitation
Board with a majority vote of the members, may waive the requirements of this
paragraph.
(c) Upon approval by a majority
of the members of the Iron Range Resources and Rehabilitation Board, this
the list of projects approved under this subdivision shall be
submitted to the governor by November 1 of each year. By December 1 of each year, the governor shall approve or
disapprove, or return for further consideration, each project. Funds for a project may be expended only
upon approval of the project by the board and governor. The commissioner may submit supplemental
projects to the board and governor for approval at any time.
EFFECTIVE DATE. This section is effective for distributions beginning in 2009.
Sec. 19. Minnesota Statutes 2006, section 298.28,
subdivision 9d, as added by Laws 2008, chapter 154, article 8, section 9, is
amended to read:
Subd. 9d. Iron
Range higher education account. Two
Five cents per taxable ton must be allocated to the Iron Range Resources
and Rehabilitation Board to be deposited in an Iron Range higher education
account that is hereby created, to be used for higher education programs
conducted at educational institutions in the taconite assistance area defined
in section 273.1341. The Iron Range
Higher Education committee under section 298.2214 and the Iron Range Resources
and Rehabilitation Board must approve all expenditures from the account.
Sec. 20. Minnesota Statutes 2006, section 298.292,
subdivision 2, as amended by Laws 2008, chapter 154, article 8, section 11, is
amended to read:
Subd. 2. Use
of money. Money in the Douglas J.
Johnson economic protection trust fund may be used for the following
purposes:
(1) to provide loans, loan
guarantees, interest buy-downs and other forms of participation with private
sources of financing, but a loan to a private enterprise shall be for a
principal amount not to exceed one-half of the cost of the project for which
financing is sought, and the rate of interest on a loan to a private enterprise
shall be no less than the lesser of eight percent or an interest rate three
percentage points less than a full faith and credit obligation of the United
States government of comparable maturity, at the time that the loan is
approved;
(2) to fund reserve accounts
established to secure the payment when due of the principal of and interest on
bonds issued pursuant to section 298.2211;
(3) to pay in periodic
payments or in a lump sum payment any or all of the interest on bonds issued
pursuant to chapter 474 for the purpose of constructing, converting, or
retrofitting heating facilities in connection with district heating systems or
systems utilizing alternative energy sources;
(4) to invest in a venture
capital fund or enterprise that will provide capital to other entities that are
engaging in, or that will engage in, projects or programs that have the
purposes set forth in subdivision 1. No
investments may be made in a venture capital fund or enterprise unless at least
two other unrelated investors make investments of at least $500,000 in the
venture capital fund or enterprise, and the investment by the Douglas J.
Johnson economic protection trust fund may not exceed the amount of the largest
investment by an unrelated investor in the venture capital fund or
enterprise. For purposes of this
subdivision, an "unrelated investor" is a person or entity that is
not related to the entity in which the investment is made or to any individual
who owns more than 40 percent of the value of the entity, in any of the
following relationships: spouse,
parent, child, sibling, employee, or owner of an interest in the entity that exceeds
ten percent of the value of all interests in it. For purposes of determining the limitations under this clause,
the amount of investments made by an investor other than the Douglas J. Johnson
economic protection trust fund is the sum of all investments made in the
venture capital fund or enterprise during the period beginning one year before
the date of the investment by the Douglas J. Johnson economic protection trust
fund; and
(5) to purchase forest land
in the taconite assistance area defined in section 273.1341 to be held and
managed as a public trust for the benefit of the area for the purposes
authorized in section 298.22, subdivision 5a.
Property purchased under this section may be sold by the commissioner
upon approval by a majority vote of the board.
The net proceeds must be deposited in the trust fund for the purposes
and uses of this section.
Money from the trust fund
shall be expended only in or for the benefit of the taconite assistance area
defined in section 273.1341.
Sec. 21. Minnesota Statutes 2006, section 298.2961,
subdivision 2, is amended to read:
Subd. 2. Projects;
approval. (a) Projects funded must
be for:
(1) environmentally unique
reclamation projects; or
(2) pit or plant repairs,
expansions, or modernizations other than for a value added iron products plant;
or.
(3) haulage trucks and
equipment and mining shovels.
(b) To be proposed by the
board, a project must be approved by at least eight Iron Range Resources and
Rehabilitation Board members. The money
for a project may be spent only upon approval of the project by the
governor. The board may submit
supplemental projects for approval at any time.
(c) The board may require
that it receive an equity percentage in any project to which it contributes
under this section.
Sec. 22. Minnesota Statutes 2006, section 446A.12,
subdivision 1, is amended to read:
Subdivision 1. Bonding
authority. The authority may issue
negotiable bonds in a principal amount that the authority determines necessary
to provide sufficient funds for achieving its purposes, including the making of
loans and purchase of securities, the payment of interest on bonds of the
authority, the establishment of reserves to secure its bonds, the payment of
fees to a third party providing credit enhancement, and the payment of all
other expenditures of the authority incident to and necessary or convenient to
carry out its corporate purposes and powers, but not including the making of
grants. Bonds of the authority may be
issued as bonds or notes or in any other form authorized by law. The principal amount of bonds issued and
outstanding under this section at any time may not exceed $1,500,000,000,
excluding bonds for which refunding bonds or crossover refunding bonds have
been issued., and excluding any bonds issued for the credit enhanced
bond program or refunding or crossover refunding bonds issued under the
program. The principal amount of bonds
issued and outstanding under section 446A.087, may not exceed $500,000,000,
excluding bonds for which refunding bonds or crossover refunding bonds have
been issued.
Sec. 23. Minnesota Statutes 2006, section 462A.22,
subdivision 1, is amended to read:
Subdivision 1. Debt
ceiling. The aggregate principal
amount of bonds and notes which are outstanding at any time, excluding the
principal amount of any bonds and notes refunded by the issuance of new bonds
or notes, shall not exceed the sum of $3,000,000,000 $5,000,000,000.
Sec. 24. Laws 1999, chapter 223, article 2, section
72, is amended to read:
Sec. 72. UPPER
RED LAKE BUSINESS LOAN PROGRAM.
The commissioner of trade
and economic development must make loans to businesses in the Upper Red Lake
area that have been severely affected by the significant decline of the walleye
fishing resource in Upper Red Lake. The
loans may only be made to businesses that operated in 1998. A business must submit an application to the
commissioner on forms provided by the commissioner. The application must include a business plan for continued
operation, with the assistance of the loan, until the walleye fishing resource
recovers. The commissioner shall
allocate available loan funds to a business based on the commissioner's
evaluation of the probable success of its business plan. A loan shall be for a maximum amount of
$75,000 and a duration of ten years from the date of the loan and shall be
interest free. Repayment of a loan in
monthly payments of 1/120 of the original principal amount
must begin no later than one
year after walleye fishing on Upper Red Lake is allowed by the department of
natural resources recovered to a bag limit of six. Any principal balance remaining at the end
of the ten-year period shall be forgiven if the business continues in operation
for the ten-year period. Loan
repayments shall be deposited in the general fund.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 25. Laws 2007,
chapter 135, article 1, section 3, subdivision 2, is amended to read:
Subd. 2. Business and Community Development 40,667,000 8,639,000
Appropriations by Fund
General 39,967,000 7,939,000
Remediation 700,000 700,000
(a) (1) $250,000 the first
year and $250,000 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 St. Peter, Minnesota. 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 unencumbered balance in the first year is available for the second
year.
(b) $250,000 the first year
and $250,000 the second year are from the general fund for a grant to
WomenVenture for women's business development programs.
(c) $250,000 the first year
is for a grant to University Enterprise Laboratories (UEL) for its direct and
indirect expenses to support efforts to encourage the growth of early-stage and
emerging bioscience companies. UEL must
provide a report by June 30 each year to the commissioner on the expenditures
until the appropriation is expended.
This is a onetime appropriation and is available until expended.
(d) $2,000,000 the first
year is for grants under Minnesota Statutes, section 116J.571, for the
redevelopment grant program. This is a
onetime appropriation.
(e) $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 training workshops
throughout the state. Unless prohibited
by federal law, the department must implement fees for services that help
companies seek federal Phase II Small Business Innovation Research grants. The recommended fee schedule must be
reported to the chairs of the house of representatives finance committee and
senate budget division with jurisdiction over economic development by February
1, 2008.
(f) $100,000 the first year
and $100,000 the second year are appropriated to the Public Facilities
Authority for the small community wastewater treatment program under Minnesota
Statutes, chapter 446A.
(g) $255,000 the first year
and $155,000 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.
(h) $85,000 the first year
and $85,000 the second year are for grants to the Minnesota Inventors
Congress. Of this amount, $10,000 each
year is for the Student Inventors Congress.
(i) $151,000 the first year
is for a onetime grant to the city of Faribault to design, construct, furnish,
and equip renovations to accommodate handicapped accessibility at the Paradise
Center for the Arts.
(j) $750,000 the first year
is to Minnesota Technology, Inc. for the small business growth acceleration
program established under Minnesota Statutes, section 116O.115. This is a onetime appropriation. This appropriation does not cancel, but
is available until June 30, 2011.
(k) $300,000 the first year
is for a onetime grant to the city of Northome for the construction of a new
municipal building to replace the structures damaged by fire on July 22,
2006. This appropriation is available
when the commissioner determines that a sufficient match is available from
nonstate sources to complete the project.
(l) $300,000 the first year
is for a grant to the city of Worthington for an agricultural-based bioscience
training and testing center. Funds
appropriated under this section must be used to provide a training and testing
facility for incubator firms developing new agricultural processes and
products. This is a onetime
appropriation and is available until expended.
(m) $1,750,000 the first
year is for a onetime grant to BioBusiness Alliance of Minnesota for bioscience
business development programs to promote and position the state as a global
leader in bioscience business activities.
These funds may be used for:
(1) completion and periodic
updating of a statewide bioscience business industry assessment of business
technology enterprises and Minnesota's competitive position employing annual
updates to federal industry classification data;
(2) long-term strategic
planning that includes projections of market changes resulting from
developments in biotechnology and the development of 20-year goals, strategies,
and identified objectives for renewable energy, medical devices, biopharma, and
biologics business development in Minnesota;
(3) the design and
construction of a Minnesota focused bioscience business model to test competing
strategies and scenarios, evaluate options, and forecast outcomes; and
(4) creation of a bioscience
business resources network that includes development of a statewide bioscience
business economic development framework to encourage bioscience business
development and encourage spin-off activities, attract bioscience business
location or expansion in Minnesota, and establish a local capability to support
strategic system level planning for industry, government, and academia.
This appropriation is
available until June 30, 2009.
(n) $125,000 the first year
is to develop and operate a bioscience business marketing program to market
Minnesota bioscience businesses and business opportunities to other states and
other countries. The bioscience
business marketing program must emphasize bioscience business location and
expansion opportunities in communities outside of the seven-county metropolitan
area as defined in Minnesota Statutes, section 473.121, subdivision 2, that
have established collaborative plans among two or more municipal units for
bioscience business activities, and that are within 15 miles of a four-year,
baccalaureate degree granting institution or a two-year technical or community
college that offers bioscience curricula.
The commissioner must report to the committees of the senate and house
of representatives having jurisdiction over bioscience and technology issues by
February 1 of each year on the expenditures of these funds and the promotional
activities undertaken to market the Minnesota bioscience industry to persons
outside of the state. This is a onetime
appropriation and is available until expended.
(o) $325,000 is for a grant
to the Walker Area Community Center, Inc., to construct, furnish, and equip the
Walker Area Community Center. This
appropriation is not available until the commissioner has determined that an
amount sufficient to complete the project has been committed from nonstate
sources. This is a onetime
appropriation and is available until expended.
(p) $100,000 the first year
is for a grant to the Pine Island Economic Development Authority for predesign
to upgrade and extend utilities to serve Elk Run Bioscience Research Park and
The Falls - Healthy Living By Nature, an integrated medicine facility. This is a onetime appropriation and is
available until expended.
(q) $350,000 the first year
is for a grant to Thomson Township for infrastructure improvements for the
industrial park. This is a onetime
appropriation and is available until expended.
(r) $75,000 the first year
is for a grant to Le Sueur County for the cost of cleaning up debris from lakes
in Le Sueur County, caused by the August 24, 2006, tornado in southern Le Sueur
County. This is a onetime appropriation
and is available until expended.
(s) $400,000 the first year
is for a grant to the city of Rogers to be used for relief from damages caused
by the September 16, 2006, tornado.
(t) $75,000 the first year
is for a grant to the city of Warroad for new public facilities to replace
those damaged or destroyed by the August 2006 tornado, including approximately
28 new street lights and underground electrical circuits and a new fish
cleaning house. This is a onetime
appropriation and is available until expended.
If an appropriation for this purpose is enacted more than once in the
2007 session, the appropriation is effective only once.
(u) $500,000 the first year
is for a grant to the Upper Sioux Community to improve the current water system
to ensure continuity of service to the entire population of the community and
to meet the demands of the community expansion over the next 20 years. The is a onetime appropriation and is not
available until the Public Facilities Authority has determined that at least
$1,000,000 has been committed from nonstate sources. This appropriation is available until expended. * (The preceding text beginning "(u)
$500,000 the first year is for" was indicated as vetoed by the governor.)
(v) $755,000 the first year
is for the urban challenge grant program under Minnesota Statutes, section
116M.18. This is a onetime
appropriation.
(w) $1,100,000 is for a
grant to the Neighborhood Development Center for assistance necessary to retain
minority business enterprises at the Global Market. This is a onetime appropriation and is available until expended.
(x) $350,000 the first year
is for a onetime grant to the city of Inver Grove Heights to reduce debt on the
Inver Grove Heights Veterans Memorial Community Center. * (The preceding text beginning "(x)
$350,000 the first year is for" was indicated as vetoed by the governor.)
(y) $14,900,000 the first
year is for the Minnesota minerals 21st century fund created in Minnesota
Statutes, section 116J.423, to partially restore the money unallotted by the
commissioner of finance in 2003 pursuant to Minnesota Statutes, section
16A.152. This appropriation may be used
as provided in Minnesota Statutes, section 116J.423, subdivision 2. This appropriation is available until
expended.
(z) $2,500,000 the first
year is for a grant to the city of St. Paul to be used to pay, redeem, or
refund debt service costs incurred for the River Centre Campus. * (The preceding text beginning "(z)
$2,500,000 the first year is for" was indicated as vetoed by the
governor.)
(aa) $147,000 each year is
appropriated from the general fund to the commissioner of employment and
economic development for grants of $49,000 to eligible organizations each year
and for the purposes of this paragraph.
Each state grant dollar must be matched with $1 of nonstate funds. Any balance in the first year does not
cancel but is available in the second year.
The base for these grants in fiscal years 2010 and 2011 is $189,000 each
year, with each eligible organization receiving a $63,000 grant each year.
The commissioner of
employment and economic development must make grants to organizations to assist
in the development of entrepreneurs and small businesses. Three grants must be awarded to continue or
to develop a program. One grant must be
awarded to the Riverbend Center for Entrepreneurial Facilitation in Blue Earth
County, and two to other organizations serving Faribault and Martin
Counties. Grant recipients must report
to the commissioner by February 1 of each year that the organization receives a
grant with 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 must
report to the house of representatives and senate committees with jurisdiction
over economic development finance on the effectiveness of these programs for
assisting in the development of entrepreneurs and small businesses.
(bb) $5,000,000
$2,000,000 the first year is for grants under Minnesota Statutes, section
116J.8731, for the Minnesota investment fund program. Of this amount, up to $3,000,000 may be used for a legal
reference office and data center facility, provided that the total capital
investment in the facility is at least $60,000,000. This grant is not subject to grant limitations under Minnesota
Statutes, section 116J.8731, subdivision 5 $1,000,000 must be used for
the biomass heating grants and loans pilot project. This is a onetime appropriation and is
available in either year of the biennium.
Sec. 26. Laws 2007,
chapter 135, article 1, section 3, subdivision 3, is amended to read:
Subd. 3. Workforce
Development 50,024,000 49,833,000
Appropriations by Fund
General 33,529,000 33,338,000
Workforce
Development 16,495,000 16,495,000
(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
for it. This appropriation does not
cancel.
(b) $455,000 the first year
and $455,000 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) $1,375,000 each year is
from the workforce development fund for Opportunities Industrialization Center
programs.
(d) $5,614,000 each year is
from the general fund and $6,920,000 each year is from the workforce
development fund for extended employment services for persons with severe
disabilities or related conditions under Minnesota Statutes, section
268A.15. Of this, $125,000 each year
and in the base for fiscal years 2010 and 2011 is to supplement funds paid for
wage incentives for the community support fund established in Minnesota Rules,
part 3300.2045. The commissioner
shall not reduce total expenditures from these appropriations.
(e) $1,650,000 the first
year and $1,650,000 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.
(f) $2,440,000 the first
year and $2,440,000 the second year are from the general fund for grants under
Minnesota Statutes, section 268A.11, for the eight centers for independent
living. The base for this program is
$2,440,000 each year in fiscal years 2010 and 2011. Money not expended the first year is available the second year.
The commissioner must:
(1) transfer $115,000 of
federal independent living Part B rehabilitation services funds to the
Minnesota Centers for Independent Living each year contingent upon the
availability of federal funds under Title VII, Part B, of the Federal Rehabilitation
Act of 1973 as amended under United States Code, title 29, section 711(c), and
approved by the Statewide Independent Living Council;
(2) replace federal Part B
funds in the State Independent Living Council budget transferred under clause
(1) with $115,000 of Social Security Administration program income funds each
year; and
(3) provide an additional
$185,000 each year from the Social Security Administration program income to
the Minnesota Centers for Independent Living to be allocated equally among the
eight centers.
Additional funding for
centers for independent living under clauses (1) and (3) must be used for core
independent living services by the Centers for Independent Living. The Statewide Independent Living Council
framework for statewide distribution of state and federal funding to the
Minnesota Centers for Independent Living does not apply to the funds under
clauses (1) and (3). The commissioner
must report on the transfers in clauses (1), (2), and (3), and any other effort
to pursue additional funding for the Centers for Independent Living to the
standing committees of the senate and house of representatives having
jurisdiction over Centers for Independent Living by March 15 each year.
(g) $5,940,000 the first
year and $5,940,000 the second year are from the general fund for state
services for the blind activities.
(h) $150,000 the first year
and $150,000 the second year are from the general fund and $175,000 the first
year and $175,000 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.
(i) $9,021,000 the first
year and $9,021,000 the second year are from the general fund for the state's
vocational rehabilitation program for people with significant disabilities to
assist with employment, under Minnesota Statutes, chapter 268A.
(j) $350,000 the first year
and $350,000 the second year are from the workforce development fund for grants
to provide interpreters for a regional transition program that specializes in
providing culturally appropriate transition services leading to employment for
deaf, hard-of-hearing, and deaf-blind students. This amount must be added to the department's base.
(k) $150,000 the first year
and $150,000 the second year are for a grant to Advocating Change Together for
training, technical assistance, and resources materials to persons with developmental
and mental illness disabilities.
(l) $250,000 the first year
and $250,000 the second year are from the workforce development fund and
$150,000 the first year and $100,000 the second year are from the general fund
for a grant to Lifetrack Resources for its immigrant and refugee collaborative
programs, including those related to job-seeking skills and workplace
orientation, intensive job development, functional work English, and on-site
job coaching. $50,000 of the first year general fund appropriation is for a
onetime pilot Lifetrack project in Rochester.
(m) $75,000 the first year
and $75,000 the second year are from the general fund and $1,000,000 the first
year and $1,000,000 the second year are from the workforce development fund for
the youthbuild program under Minnesota Statutes, sections 116L.361 to
116L.366. This appropriation may be
used for:
(1) restoring the three
youthbuild programs that were eliminated due to budget reductions and adding
seven more youthbuild programs statewide;
(2) restoring funding levels
for all youthbuild programs plus an inflationary increase for each program;
(3) increasing the number of
at-risk youth served by the youthbuild programs from 260 youth per year to 500
youth per year; and
(4) restoring the youthbuild
focus on careers in technology and adding a youthbuild focus on careers in the
medical field.
(n) $1,325,000 each year is
from the workforce development fund for grants to fund summer youth employment
in Minneapolis. The grants shall be
used to fund up to 500 jobs for youth each summer. Of this appropriation, $325,000 each year is for a grant to the
learn-to-earn summer youth employment program.
The
commissioner shall establish
criteria for awarding the grants. This
appropriation is available in either year of the biennium and is available
until spent.
(o) $600,000 the first year
and $600,000 the second year are from the workforce development fund for a
grant to the city of St. Paul for grants to fund summer youth employment
in St. Paul. The grants shall be
used to fund up to 500 jobs for youth each summer. The commissioner shall establish criteria for awarding the grants
within the city of St. Paul. This
appropriation is available in either year of the biennium and is available
until spent.
(p) $250,000 the first year
and $250,000 the second year are from the general fund for grants to Northern
Connections in Perham to implement and operate a pilot workforce program that
provides one-stop supportive services to individuals as they transition into
the workforce.
(q) $100,000 each year is
for a grant to Ramsey County Workforce Investment Board for the development of
the building lives program. This is a
onetime appropriation. * (The preceding
text beginning "(q) $100,000 each year is for" was indicated as
vetoed by the governor.)
(r) $150,000 each year is
for a grant to the Hennepin-Carver Workforce Investment Board (WIB) to
coordinate with the Partners for Progress Regional Skills Consortium to provide
employment and training as demonstrated by the Twin Cities regional health care
training partnership project. * (The
preceding text beginning "(r) $150,000 each year is for" was
indicated as vetoed by the governor.)
(s) $160,000 the first year
is for a onetime grant to Workforce Development, Inc., for a pilot project to
provide demand-driven employment and training services to welfare recipients
and other economically disadvantaged populations in Mower, Freeborn, Dodge, and
Steele Counties.
(t) $200,000 the first year
and $200,000 the second year are from the general fund for a grant to HIRED to
operate its industry sector training initiatives, which provide employee
training developed in collaboration with employers in specific, high-demand
industries. * (The preceding text
beginning "(t) $200,000 the first year" was indicated as vetoed by
the governor.)
(u) $100,000 the first year
is for a onetime grant to a nonprofit organization. The nonprofit organization must work on behalf of all licensed
vendors to coordinate their efforts to respond to solicitations or other
requests from private and governmental units as defined in Minnesota Statutes,
section 471.59, subdivision 1, in order to increase employment opportunities
for persons with disabilities. This
appropriation is available until June 30, 2009.
(v) $3,500,000 each year
from the workforce development fund is for the Minnesota youth program under
Minnesota Statutes, sections 116L.56 and 116L.561.
(w) $1,000,000 each year
from the workforce development fund is for a grant to the Minnesota Alliance of
Boys and Girls Clubs to administer a statewide project of youth job skills
development. This project, which may
have career guidance components, including health and life skills, is to encourage,
train, and assist youth in job-seeking skills, workplace orientation, and job
site knowledge through coaching. This
grant requires a 25 percent match from nonstate resources.
(x) $10,000 the first year
is for a study on ways to promote employment opportunities for minorities, with
a particular focus on opportunities for African Americans, in the state of
Minnesota. The study should focus on
how to 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. The commissioner must report on the study to
the governor and the chair of the finance committee in each house of the
legislature that has jurisdiction over employment by January 15, 2008, with
recommendations for implementing the findings.
(y) The commissioner must
provide funding for the Minnesota Conservation Corps to provide learning
stipends for deaf students and wages for interpreters participating in the MCC
summer youth program.
Sec. 27. Laws 2007,
chapter 135, article 1, section 6, subdivision 4, is amended to read:
Subd. 4. Labor Standards/Apprenticeship 1,833,000 1,803,000
Appropriations by Fund
General 1,069,000 1,024,000
Workforce
Development 764,000 779,000
The appropriation from the
workforce development fund is for the apprenticeship program under Minnesota
Statutes, chapter 178, and includes $100,000 each year for labor education and
advancement program grants.
$360,000 the first year and
$300,000 the second year from the general fund are for prevailing wage
enforcement of which $60,000 in the first year is for outreach and survey
participation improvements, and is available until expended.
Sec. 28. Laws 2007,
First Special Session chapter 2, article 1, section 8, subdivision 2, is
amended to read:
Subd. 2. Minnesota Investment Fund 35,000,000
For transfer to the
Minnesota investment fund for grants to local units of government for locally
administered grants or loan programs for businesses and nonprofit organizations
directly and adversely affected by the flood, including those that provide
residential, health care, child care, social, or other services on behalf of
the Department of Human Services to residents of the area included in DR-1717. Assistance under this subdivision is not
limited to businesses.
Payments may be made for
property damage and cleanup, and to reimburse parties under contract, provider
agreement, or other arrangement with the commissioner of human services as of August
18, 2007, for residential, health care, child care, social, or other services
provided on behalf of the Department of Human Services to a resident of the
area included in DR-1717, notwithstanding that:
(1) the resident has been
compelled by the floods of August 2007 to relocate outside the party's service
area; or
(2) the party is unable to
provide services to the resident due to flood damage to the party's place of
business.
Criteria and requirements
must be locally established with the approval of the commissioner. For the purposes of this appropriation,
Minnesota Statutes, sections 116J.8731, subdivisions 3, 4, 5, and 7; 116J.993;
116J.994; and 116J.995, are waived.
Businesses that receive grants or loans from this appropriation must set
goals for jobs retained and wages paid within the area included in DR-1717.
Before any grants under this
subdivision are awarded to a local unit of government, the commissioner of
employment and economic development shall report to the chairs of the senate
finance and house of representatives ways and means committees the criteria and
requirements to be used by local units of government in the grant or loan
programs they will administer. This
appropriation is from the general fund.
Any money transferred to the
commissioner of natural resources to provide high-resolution digital elevation
maps using Light Detection and Ranging (LiDAR) technology to be used for flood
management is available until June 30, 2009.
Sec. 29. BIOMASS
HEATING GRANTS AND LOANS PILOT PROJECT.
Within the limits of
appropriations, the commissioner of the Department of Employment and Economic
Development shall make grants and loans for costs related to the installation
of an approved biomass heating project in a publicly owned facility, including
K-12 public schools, higher education buildings, and buildings owned by a local
unit of government. The commissioner
must approve biomass heating projects that produce energy for heating air or
water using organic matter available on a renewable basis, including but not
limited to agricultural crops, grasses and trees, or wood production or other
waste. Applications for a grant or loan
under this section must be made to the commissioner on the forms and according
to the timeline prescribed by the commissioner. At a minimum, the commissioner must require sufficient
information on the applications to determine that the physical condition of the
publicly owned facility is sufficient to support the efficient operation of the
biomass heating project and that the projected cumulative energy cost savings
are adequate relative to the costs of the investment. The grant and loan may each provide up to 50 percent of the total
installed costs of the biomass heating projects.
Sec. 30. HARDSHIP
PAYMENTS.
Subdivision 1. Payments; availability. Hardship payments are available to an
applicant if the applicant suffered economic hardship due to delays in
receiving unemployment benefits resulting from the new unemployment insurance
application and filing system implemented by the Department of Employment and
Economic Development on October 15, 2007.
Subd. 2. Economic hardship. "Economic hardship" means
financial losses to an applicant resulting from: checks returned for insufficient funds; account overdraft
charges; installment credit penalties, interest, and other fees resulting from
missed or late payments; mortgage loan late fees, interest charges, or other
penalties; charges for force-placed automobile or homeowner's insurance;
penalties for late payment of income or property taxes; and any penalties or
adverse consequences, including the suspension of an applicant's driver's
license due to nonpayment of child support.
Subd. 3. Payment from
administration account. Hardship
payments are payable from the unemployment insurance administration account
under Minnesota Statutes, section 268.196.
Subd. 4. Eligibility conditions. An applicant is eligible to receive
hardship payments under this section if the applicant's unemployment benefit
payments due and payable after October 15, 2007, were delayed at least four
weeks.
Subd. 5. Amount of hardship
payments. The amount of
hardship payments available to an applicant is equal to the amount of economic
hardship experienced by an applicant due to the delay in receiving unemployment
benefits. An applicant must provide
documentation of the amount of financial hardship claimed using financial
institution records, consumer or business credit records, child support records,
or other commonly recognized methods of documenting financial transactions.
Subd. 6. Notice. The commissioner must notify applicants
of the availability of hardship payments by posting a notice on the
department's official Web site, by notifying applicants by individual mailing
where department records show the applicant may be eligible under subdivision
4, and by any other appropriate announcement.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 31. LUMBER
COMPANY EXTRA BENEFITS.
Subdivision 1. Extra benefits;
availability. Extra
unemployment benefits are available to an applicant who was laid off due to
lack of work from the Ainsworth Lumber Company plant in Cook, Minnesota.
Subd. 2. Payment from fund;
effect on employer. Extra
unemployment benefits are payable from the unemployment insurance trust
fund. Extra unemployment benefits paid
will not be used in computing the experience rating of Ainsworth Lumber Company
under Minnesota Statutes, sections 268.047 and 268.051, subdivision 3.
Subd. 3. Eligibility conditions. An applicant is eligible to receive extra
unemployment benefits under this section for any week through December 27,
2008, if:
(1) the applicant
established a benefit account under Minnesota Statutes, section 268.07, with a
majority of the wage credits from Ainsworth Lumber Company, and exhausted
entitlement to those regular unemployment benefits after January 1, 2008;
(2) the applicant meets the
same eligibility requirements that are required for regular unemployment
benefits under Minnesota Statutes, section 268.069;
(3) the applicant is not
entitled to any other unemployment benefits and is not entitled to receive
unemployment benefits under any other state or federal law for that week,
including any other extended unemployment benefits; and
(4) if an applicant
qualifies for any type of unemployment benefits available under Minnesota law,
or under any federal law, or the law of another state, the applicant must apply
for and exhaust entitlement to those unemployment benefits.
Subd. 4. Weekly amount of extra
benefits. The weekly extra
unemployment benefits amount available to an applicant is the same as the
applicant's weekly regular unemployment benefit amount on the benefit account
established in subdivision 3, clause (1).
Subd. 5. Maximum amount of extra
unemployment benefits. The
maximum amount of extra unemployment benefits available is equal to 13 times
the applicant's weekly benefit amount.
Subd. 6. Program expiration. This extra unemployment benefit program
expires on December 27, 2008. No extra
unemployment benefits may be paid for any week after the expiration of this
program.
Subd. 7. Notice. The commissioner must notify applicants
of the availability of extra unemployment benefits by posting a notice on the
department's official Web site, by notifying applicants by individual mailing
where department records show the applicant may qualify for these extra
unemployment benefits, and by any other appropriate announcement.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies retroactively from January 1, 2008.
Sec. 32. UNEMPLOYMENT
BENEFITS; CONTINUED REQUEST TIME PERIOD WAIVER.
Notwithstanding any other
law to the contrary, the commissioner must accept initial and continued
requests for unemployment benefits and pay unemployment benefits to an
applicant who currently resides in Hubbard County and applied for unemployment
benefits on September 15, 2006, and had an account dated September 10, 2006:
(1) was employed as a
technician or inspector for Northwest Airlines, Inc., prior to August 20, 2005;
(2) stopped working on or
about August 20, 2005, because of a labor dispute between the Aircraft
Mechanics Fraternal Association (AMFA) and Northwest Airlines, Inc.;
(3) did not file an initial
or continued requests for unemployment benefits within the time periods
required under Minnesota Statutes, chapter 268; and
(4) meets all the other
requirements for the payment of unemployment benefits under Minnesota Statutes,
section 268.069, subdivision 2.
Any unemployment benefits
paid under the account established September 10, 2006, shall be deducted from
the total benefits authorized under this section.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies retroactively from August 21, 2005.
Sec. 33. OFFICE
OF SCIENCE AND TECHNOLOGY.
Subdivision 1. Establishment. An Office of Science and Technology is
established in the Department of Employment and Economic Development to do the
following:
(1) coordinate public and
private efforts to procure federal funding for collaborative research and
development projects of primary benefit to small and medium-sized businesses;
(2) promote contractual
relationships between Minnesota businesses that are recipients of federal
grants and prime contractors, and Minnesota-based subcontractors;
(3) work with Minnesota
nonprofit institutions including the University of Minnesota, Minnesota State
Colleges and Universities, and the Mayo Clinic in promoting collaborative
efforts to respond to federal funding opportunities;
(4)
develop a framework for Minnesota companies to establish sole-source
relationships with federal agencies; and
(5) coordinate workshops,
assistance with business proposals, licensing, intellectual property
protection, commercialization, and government auditing with the University of
Minnesota and Minnesota State Colleges and Universities.
For the purposes of this
section, "office" means the Office of Science and Technology
established in this subdivision.
Subd. 2. Technology partnering
with a prime contractor. The
office must develop a program to assist small businesses competing for a small
business innovation research award by matching the applicant with a larger
company. Prime contractors are matched
to small businesses through a prescreening process that may result in a letter
of support for the applicant designed to increase the chance of receiving a
Small Business Innovation Research (SBIR) award.
Subd. 3. Collaborate to commercialize. The office must develop a program to use
the federal high-risk research and development investment program to encourage
the development of new technologies, products, and business development and to
reduce development risks by encouraging alliances between medium-sized
companies and innovative small businesses.
Subd. 4. Technology matchmaking. The office must assist businesses in
identifying qualified suppliers and vendors through a program to serve as a
conduit for Minnesota-based companies to network with firms able to support
their success. Firms outside Minnesota
can participate in the technology matchmaking network if one of the
participating companies is located in Minnesota.
Subd. 5. Commercialization
assistance. The office must
provide commercialization assistance to Minnesota firms that have received a
Phase I Small Business Innovation Research (SBIR) or a Phase I Small Business
Technology Transfer (STTR) award and are submitting a Phase II proposal. Local service providers must assist the
applicant with developing and reviewing the required commercialization plan
prior to Phase II submission. The
office may provide SBIR Phase I proposal technical review.
Subd. 6. Report. The commissioner of employment and
economic development must report to the committees in the house of
representatives and senate having jurisdiction over bioscience and technology
issues on the activities of the Office of Science and Technology by June 30,
2009.
Sec. 34. 2008
DISTRIBUTIONS ONLY.
For distribution in 2008
only, a special fund is established to receive 9.65 cents per ton that
otherwise would be allocated under Minnesota Statutes, section 298.28,
subdivision 6. If sufficient funds are
not available under Minnesota Statutes, section 298.28, subdivision 6, to make
the payments required under this section and under Minnesota Statutes, section
298.28, subdivision 6, the remaining amount needed to total 9.65 cents per ton
may be taken from funds available under Minnesota Statutes, section 298.28, subdivision
9. The following amounts are allocated
to St. Louis County acting as the fiscal agent for the recipients for the
following specified purposes:
(1) two cents per ton must
be paid to the Hibbing Economic Development Authority to retire bonds and for
economic development purposes;
(2) 0.25 cent per ton must
be paid to the St. Louis County School Board to study the potential for and
impact of consolidation and streamlining the operations of the St. Louis County
School District No. 2142;
(3) 0.25 cent per ton must
be paid to the city of Grand Rapids, for industrial park work;
(4) 0.65 cent per ton must
be paid to the city of Aitkin, for sewer and water for housing projects;
(5) 0.5 cent per ton must be
paid to the city of Crosby, for well and water tower infrastructure;
(6) 0.25 cent per ton must
be paid to the Mountain Iron-Buhl School Board to study the potential for and
impact of consolidation or streamlining the operations of the Mountain
Iron-Buhl School District No. 712;
(7) 0.25 cent per ton must
be paid to the Virginia School Board to study the potential for an impact of
consolidation or streamlining the operations of the Virginia Public School
District No. 706;
(8) 1.5 cents per ton must
be paid to the city of Silver Bay to pay for health and safety and maintenance
improvements at a former elementary school building that is currently owned by
the city, to be used for economic development purposes;
(9) 1.5 cents per ton must
be paid to St. Louis County to extend water and sewer lines from the city of
Chisholm to the St. Louis County fairgrounds;
(10) 1.5 cents per ton must
be paid to the White Community Hospital for debt restructuring;
(11) 0.5 cent per ton must
be paid to the city of Keewatin for street, sewer, and water improvements; and
(12) 0.5 cent per ton must
be paid to the city of Calumet for street, sewer, and water improvements.
Sec. 35. REPEALER.
Minnesota Statutes 2006,
section 341.31, and Laws 2004, chapter 188, section 2, are repealed.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE 11
TRANSPORTATION
Section 1. SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this article.
2008 2009 Total
General $-0- $(255,000) $(255,000)
Trunk Highway 6,850,000 -0- 6,850,000
State Airports -0- (15,000,000) (15,000,000)
Total $6,850,000 $(15,255,000) $(8,405,000)
Sec.
2. APPROPRIATIONS.
The
sums shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, subtracted from the appropriations under Laws 2007,
chapter 143, article 1; Laws 2007, First Special Session chapter 2, article 2,
section 2; and Laws 2008, chapter 152, article 1, to the agencies and for the
purposes specified in this article. The
appropriations are from the trunk highway fund or another named fund and are
available for the fiscal years indicated for each purpose. The figures "2008" and "2009"
used in this article mean that the addition to or subtraction from the
appropriation listed under them is available for the fiscal year ending June
30, 2008, or June 30, 2009, respectively.
Supplemental appropriations and reductions to appropriations for the
fiscal year ending June 30, 2008, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. TRANSPORTATION
Subdivision 1. Total Appropriation $6,850,000 $(34,000)
Appropriations by Fund
2008 2009
General -0- (34,000)
Trunk Highway 6,850,000 -0-
The amounts that may be
spent or must be reduced for each purpose are specified in the following
subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 2. Transit -0- (32,000)
This reduction is from the
appropriation from the general fund for transit in Laws 2007, chapter 143,
article 1, section 3, subdivision 2, paragraph (b).
Subd. 3. Freight -0- (2,000)
This reduction is from the
appropriation from the general fund for freight in Laws 2007, chapter 143,
article 1, section 3, subdivision 2, paragraph (c).
Subd. 4. State Roads 6,850,000 -0-
This appropriation is
spending authority for additional federal bridge funding authorized and
appropriated by Congress in 2008, and is for the actual construction,
reconstruction, and improvement of trunk highways, including design-build
contracts and consultant usage to support these activities. This includes the cost of actual payments to
landowners for lands acquired for highway rights-of-way, payments to lessees,
interest subsidies, and relocation expenses.
This is a onetime appropriation.
Subd. 5. Transfers In
By June 30, 2008, the
commissioner of finance shall transfer $15,000,000 from the state airports fund
established in Minnesota Statutes, section 360.017, to the general fund.
Notwithstanding Minnesota
Statutes, section 222.49, before June 30, 2008, the commissioner of finance
shall transfer $3,000,000 from the rail service improvement account in the
special revenue fund to the general fund.
Notwithstanding Minnesota
Statutes, section 222.49, after July 1, 2008, and before June 30, 2009, the
commissioner of finance shall transfer $3,000,000 from the rail service
improvement account in the special revenue fund to the general fund.
Sec. 4. METROPOLITAN COUNCIL $-0- $(136,000)
This reduction is from the
appropriation from the general fund for bus system operations in Laws 2007,
chapter 143, article 1, section 4, subdivision 2, and Hiawatha light rail
transit in Laws 2007, chapter 143, article 1, section 4, subdivision 3.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 5. PUBLIC SAFETY
Subdivision 1. Total Appropriation $-0- $(60,000)
The amounts that may be
spent or must be reduced for each purpose are specified in the following
subdivisions.
Subd. 2. Public Safety Support -0- (45,000)
Of this reduction, $28,000
is from the appropriation from the general fund for a security coordinator to
coordinate planning efforts for the Republican National Convention in Laws
2007, chapter 143, article 1, section 5, subdivision 2, paragraph (b).
Of this reduction, $17,000
is from the appropriation from the general fund in Laws 2007, chapter 143,
article 1, section 5, subdivision 2, paragraph (b).
The base appropriation for
fiscal years 2010 and 2011 is $3,296,000 per year.
Subd. 3. Capitol Security -0- (15,000)
This reduction is from the
appropriation from the general fund in Laws 2007, chapter 143, article 1,
section 5, subdivision 3, paragraph (c).
Sec. 6. Minnesota Statutes 2006, section 168.013, is
amended by adding a subdivision to read:
Subd. 21. Technology surcharge. For every vehicle registration renewal
required under this chapter, the commissioner shall collect a surcharge of
$1.75. Surcharges collected under this
subdivision must be credited to the driver and vehicle services technology
account in the special revenue fund under section 299A.705.
EFFECTIVE DATE. This section is effective July 1, 2008, and expires June 30,
2012.
Sec. 7. Minnesota Statutes 2006, section 168A.29, as
amended by Laws 2007, chapter 143, article 3, section 2, is amended to read:
168A.29 FEES.
Subdivision 1. Amounts. (a) The department must be paid the
following fees:
(1) for filing an
application for and the issuance of an original certificate of title, the sum
of $6.25 of which $3.25 must be paid into the vehicle services operating
account of the special revenue fund under section 299A.705; until June 30,
2012, a surcharge of $1.75 must be added to the fee and credited to the driver
and vehicle services technology account;
(2) for each security
interest when first noted upon a certificate of title, including the concurrent
notation of any assignment thereof and its subsequent release or satisfaction,
the sum of $2, except that no fee is due for a security interest filed by a
public authority under section 168A.05, subdivision 8;
(3) for the transfer of the
interest of an owner and the issuance of a new certificate of title, the sum of
$5.50 of which $2.50 must be paid into the vehicle services operating account
of the special revenue fund under section 299A.705; until June 30, 2012, a
surcharge of $1.75 must be added to the fee and credited to the driver and
vehicle services technology account;
(4) for each assignment of a
security interest when first noted on a certificate of title, unless noted
concurrently with the security interest, the sum of $1;
(5) for issuing a duplicate
certificate of title, the sum of $7.25 of which $3.25 must be paid into the vehicle
services operating account of the special revenue fund under section 299A.705;
until June 30, 2012, a surcharge of $1.75 must be added to the fee and credited
to the driver and vehicle services technology account.
(b) After June 30, 1994, in
addition to each of the fees required under paragraph (a), clauses (1) and (3),
the department must be paid $3.50. The
additional $3.50 fee collected under this paragraph must be deposited in the
special revenue fund and credited to the public safety motor vehicle account
established in section 299A.70.
Subd. 2. Fee
in lieu of other fee. If a person
applies for an original or a new certificate of title to a vehicle,
concurrently with an application, as transferee, of registration of the
vehicle, the fee prescribed in subdivision 1 must be in lieu of the fee
fees prescribed by section sections 168.013, subdivision 21, and
168.54, with respect to any transfer of ownership or registration of the
vehicle to the applicant.
Subd. 3. No
certificate issued until fees paid.
Subject to subdivision 2, the department shall not issue a certificate
of title to a vehicle until all fees prescribed by sections section 168.54
and 168A.10, subdivision 6, with respect to any prior transfer of
ownership or registration of the vehicle have been paid.
Sec. 8. Minnesota Statutes 2007 Supplement, section
171.06, subdivision 2, is amended to read:
Subd. 2. Fees. (a) The fees for a license and Minnesota
identification card are as follows:
Classified Driver's License D-$22.25 C-$26.25 B-$33.25 A-$41.25
Classified Under-21 D.L. D-$22.25 C-$26.25 B-$33.25 A-$21.25
Instruction Permit $10.25
Provisional License $13.25
Duplicate License or
duplicate
identification card $11.75
Minnesota identification
card or
Under-21 Minnesota
identification
card, other than duplicate,
except as
otherwise provided in
section 171.07,
subdivisions 3 and 3a $16.25
In addition to each fee required in this
paragraph, the commissioner shall collect a surcharge of $1.75 until
June 30, 2012. Surcharges
collected under this paragraph must be credited to the driver and vehicle
services technology account in the special revenue fund under section 299A.705.
(b) Notwithstanding paragraph (a), an
individual who holds a provisional license and has a driving record free of (1)
convictions for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) convictions for
crash-related moving violations, and (3) convictions for moving violations that
are not crash related, shall have a $3.50 credit toward the fee for any
classified under-21 driver's license. "Moving violation" has the
meaning given it in section 171.04, subdivision 1.
(c) In addition to the driver's license fee
required under paragraph (a), the commissioner shall collect an additional $4
processing fee from each new applicant or individual renewing a license with a
school bus endorsement to cover the costs for processing an applicant's initial
and biennial physical examination certificate.
The department shall not charge these applicants any other fee to
receive or renew the endorsement.
Sec. 9.
Minnesota Statutes 2006, section 299A.705, is amended by adding a
subdivision to read:
Subd. 3. Driver and vehicle services technology
account. (a) The driver and
vehicle services technology account is created in the special revenue fund,
consisting of the technology surcharge collected as specified in chapters 168,
168A, and 171, and any other money otherwise donated, allotted, appropriated,
or legislated to this account.
(b) Money in the account is annually
appropriated to the commissioner of public safety to support the research,
development, deployment, and maintenance of a driver and vehicle services
information system.
EFFECTIVE
DATE. This section is effective July 1, 2008,
and expires June 30, 2012.
Sec. 10.
Laws 2007, chapter 143, article 1, section 3, subdivision 2, is amended
to read:
Subd. 2. Multimodal
Systems
(a) Aeronautics
(1) Airport Development and Assistance 20,298,000 20,298,000 5,298,000
This appropriation is from
the state airports fund and must be spent according to Minnesota Statutes,
section 360.305, subdivision 4.
$6,000,000 the first year and
$6,000,000 the second year are is a onetime appropriations
appropriation and do does not add to the base
appropriations. The base for this
appropriation for fiscal year 2010 is $14,298,000.
Of this appropriation
$200,000 the first year is to the Legislative Coordinating Commission for the
administrative expenses of the Airport Funding Advisory Task Force and for
other costs relating to the preparation of the task force report, including the
costs of hiring a consultant, if needed.
Any remaining amount of this appropriation shall revert to the state airports
fund.
Notwithstanding Minnesota Statutes,
section 16A.28, subdivision 6, this appropriation is available for five years
after appropriation.
If the appropriation for
either year is insufficient, the appropriation for the other year is available
for it.
(2) Aviation Support and Services
Appropriations by Fund
Airports 5,184,000 5,286,000
Trunk Highway 852,000 866,000
$65,000 the first year and
$65,000 the second year from the state airports fund are for the Civil Air
Patrol.
(b) Transit
Appropriations by Fund
General 18,813,000 18,816,000
Trunk Highway 740,000 761,000
(c) Freight
Appropriations by Fund
General 357,000 367,000
Trunk Highway 5,028,000 5,158,000
Sec. 11. Laws 2008,
chapter 152, article 1, section 6, subdivision 2, is amended to read:
Subd. 2. Appropriation; study. $325,000
$300,000 is appropriated from the general fund to the Board of Regents of
the University of Minnesota for the Center for Transportation Studies to
complete a study to assess the public policy implications of financing new and
improved transportation infrastructure in Minnesota through capturing the value
of the benefits created, to prepare a report on its findings, and to conduct a
series of workshops. This is a onetime
appropriation and is available in fiscal years 2008 and 2009.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE 12
PUBLIC SAFETY
Section 1. SUMMARY OF APPROPRIATIONS.
The
amounts shown in this section summarize the direct appropriations, by fund,
made in this article.
2008 2009 Total
General $268,000 $(10,490,000) $(10,222,000)
Special Revenue (25,000) 50,000 25,000
Total $243,000 $(10,440,000) $(10,197,000)
Sec.
2. PUBLIC
SAFETY APPROPRIATIONS.
The
sums shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2007, chapter
54, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from
the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures
"2008" and "2009" used in this article mean that the
addition to or subtraction from the appropriations listed under them are
available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. Supplemental
appropriations and reductions to appropriations for the fiscal year ending June
30, 2008, are effective the day following final enactment. "The first year" is fiscal year
2008. "The second year" is
fiscal year 2009. "The biennium"
is fiscal years 2008 and 2009.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. SUPREME COURT $-0- $(951,000)
The appropriation additions
or reductions for each purpose are as follows:
(a) Supreme
Court Operations -0- (831,000)
(b) Civil
Legal Services -0- (120,000)
Sec. 4. COURT OF APPEALS $-0- $(250,000)
Sec. 5. DISTRICT COURTS $-0- $(2,800,000)
This reduction may be
applied to any appropriation contained in Laws 2007, chapter 54, article 1,
section 5.
Sec. 6. BOARD OF PUBLIC DEFENSE $-0- $(1,491,000)
Sec. 7. PUBLIC SAFETY
Subdivision 1. Total Appropriation $360,000 $(2,057,000)
The appropriation additions
or reductions for each purpose are shown in the following subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 2. Emergency Management
(a) State Match 360,000 -0-
This appropriation is to
provide a match for FEMA money received for natural disaster assistance
payments and is added to appropriations in Laws 2007, chapter 54, article 1,
section 10, subdivision 2. It is
available until June 30, 2010, and is a onetime appropriation.
(b) Chemical Assessment/HazMat Teams -0- (40,000)
The appropriation from the
general fund in the second year to reimburse local chemical assessment and
hazardous materials teams when they respond to incidents is reduced by
$40,000. Reimbursements up to $40,000
per year are to be made from revenues in the special revenue fund from billings
to responsible companies.
Subd. 3. Criminal Apprehension
(a) CriMNet -0- (1,265,000)
(b) Agencywide Cut, Except for Office of Justice Programs -0- (250,000)
This reduction may be
applied to any program funded under Laws 2007, chapter 54, article 1, section
10, with the exception of the Office of Justice programs. Reductions to the Office of Justice programs
are specified in subdivision 4. No
other reductions may be made from that office.
Subd. 4. Office of Justice Programs
(a) Financial Crimes Task Force -0- (450,000)
(b) Squad Car Cameras -0- (52,000)
The base for these grants in
fiscal year 2010 is $0.
Sec. 8. HUMAN RIGHTS $-0- $(149,000)
Sec. 9. CORRECTIONS $(92,000) $(2,792,000)
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
The appropriation additions
or reductions for each purpose are as follows:
(a) Short-Term Offenders -0- (2,100,000)
(b) Sentencing to Service -0- (600,000)
(c) 8-Day Holds (92,000) (92,000)
Sec. 10. Minnesota Statutes 2007 Supplement, section
297I.06, subdivision 3, is amended to read:
Subd. 3. Fire
safety account, annual transfers, allocation. A special account, to be known as the fire safety account, is
created in the state treasury. The
account consists of the proceeds under subdivisions 1 and 2. $468,000 in fiscal
year 2008 and $2,268,000, $4,268,000 in fiscal year 2009, and
$2,268,000 in each year thereafter is transferred from the fire safety
account in the special revenue fund to the general fund to offset the loss of
revenue caused by the repeal of the one-half of one percent tax on fire
insurance premiums.
Sec. 11. Minnesota Statutes 2006, section 357.021,
subdivision 6, is amended to read:
Subd. 6. Surcharges
on criminal and traffic offenders.
(a) Except as provided in this paragraph, the court shall impose and the
court administrator shall collect a $72 $75 surcharge on every
person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, other than a violation of a law or ordinance relating to
vehicle parking, for which there shall be a $4 surcharge. In the Second Judicial District, the court
shall impose, and the court administrator shall collect, an additional $1
surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or
ordinance relating to vehicle parking, if the Ramsey County Board of
Commissioners authorizes the $1 surcharge.
The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed.
The surcharge shall not be imposed when a person is convicted of a petty
misdemeanor for which no fine is imposed.
(b) If the court fails to
impose a surcharge as required by this subdivision, the court administrator
shall show the imposition of the surcharge, collect the surcharge, and correct
the record.
(c) The court may not waive
payment of the surcharge required under this subdivision. Upon a showing of indigency or undue
hardship upon the convicted person or the convicted person's immediate family,
the sentencing court may authorize payment of the surcharge in installments.
(d) The court administrator
or other entity collecting a surcharge shall forward it to the commissioner of
finance.
(e) If the convicted person
is sentenced to imprisonment and has not paid the surcharge before the term of
imprisonment begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the surcharge from
any earnings the inmate accrues from work performed in the facility or while on
conditional release. The chief
executive officer shall forward the amount collected to the commissioner of
finance.
Sec. 12. Minnesota Statutes 2006, section 357.021,
subdivision 7, is amended to read:
Subd. 7. Disbursement
of surcharges by commissioner of finance.
(a) Except as provided in paragraphs (b), (c), and (d), the commissioner
of finance shall disburse surcharges received under subdivision 6 and section
97A.065, subdivision 2, as follows:
(1) one percent shall be
credited to the game and fish fund to provide peace officer training for
employees of the Department of Natural Resources who are licensed under
sections 626.84 to 626.863, and who possess peace officer authority for the
purpose of enforcing game and fish laws;
(2) 39 percent shall be
credited to the peace officers training account in the special revenue fund;
and
(3) 60 percent shall be
credited to the general fund.
(b) The commissioner of
finance shall credit $3 of each surcharge received under subdivision 6 and
section 97A.065, subdivision 2, to the general fund.
(c) In addition to any
amounts credited under paragraph (a), the commissioner of finance shall credit $44
$47 of each surcharge received under subdivision 6 and section 97A.065,
subdivision 2, and the $4 parking surcharge, to the general fund.
(d) If the Ramsey County
Board of Commissioners authorizes imposition of the additional $1 surcharge
provided for in subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall transmit the surcharge to the commissioner of
finance. The $1 special surcharge is
deposited in a Ramsey County surcharge account in the special revenue fund and
amounts in the account are appropriated to the trial courts for the
administration of the petty misdemeanor diversion program operated by the
Second Judicial District Ramsey County Violations Bureau.
Sec. 13. Laws 2007,
chapter 54, article 1, section 11, is amended to read:
Sec. 11. PEACE OFFICER STANDARDS AND TRAINING (POST)
BOARD $ 4,296,000
4,271,000 $ 4,278,000 4,328,000
Excess Amounts
Transferred. This appropriation is from
the peace officer training account in the special revenue fund. Any new receipts credited to that account in
the first year in excess of $4,296,000 $4,271,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in the second year in excess
of $4,278,000 $4,328,000 must be transferred and credited to the
general fund.
Peace Officer
Training Reimbursements. $3,159,000 the first year
and $3,159,000 the second year are for reimbursements to local governments for
peace officer training costs.
No Contact
Orders. The board shall: (1) revise and update preservice courses and
develop in-service training courses related to no contact orders in domestic
violence cases and domestic violence dynamics; and (2) reimburse peace officers
who have taken training courses described in clause (1). At a minimum, the training must include
instruction in the laws relating to no contact
orders and address how to
best coordinate law enforcement resources relating to no contact orders. In addition, the training must include a
component to instruct peace officers on doing risk assessments of the
escalating factors of lethality in domestic violence cases. The board must consult with a statewide
domestic violence organization in developing training courses. The board shall utilize a request for
proposal process in awarding training contracts. The recipient of the training contract must conduct these
trainings with advocates or instructors from a statewide domestic violence
organization.
Beginning on January 1,
2008, the board may not approve an in-service training course relating to
domestic abuse that does not comply with this section.
ARTICLE 13
STATE GOVERNMENT
Section 1. SUMMARY OF APPROPRIATIONS.
The amounts shown in this
section summarize direct appropriations, by fund, made in this article.
2008 2009 Total
General $-0- $(1,104,000) $(1,104,000)
Sec.
2. APPROPRIATIONS.
The
sums shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2007, chapter
148, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from
the general fund or another named fund and are available for the fiscal years
indicated for each purpose. The figures
"2008" and "2009" used in this article mean that the addition
to or subtraction from the appropriation listed under them is available for the
fiscal year ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and reductions
to appropriations for the fiscal year ending June 30, 2008, are effective the
day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. LEGISLATURE
Subdivision 1. Total Reduction $-0- $(1,821,000)
The appropriation additions
or reductions for each purpose are shown in the following subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 2. Senate -0- (710,000)
The base budget for the
senate shall be $22,958,000 in fiscal year 2010 and $22,958,000 in fiscal year
2011.
Subd. 3. House of Representatives -0- (952,000)
The base budget for the
house of representatives shall be $30,866,000 in fiscal year 2010 and
$30,866,000 in fiscal year 2011.
Subd. 4. Legislative Coordinating Commission
-0- (159,000)
The base budget for the
Legislative Coordinating Commission shall be $15,734,000 in fiscal year 2010
and $15,734,000 in fiscal year 2011.
Sec. 4. GOVERNOR $-0- $(113,000)
The base budget for the
office of the governor shall be $3,701,000 in fiscal year 2010 and $3,701,000
in fiscal year 2011.
Sec. 5. STATE AUDITOR $-0- $(42,000)
Sec. 6. ATTORNEY GENERAL $-0- $(749,000)
Sec. 7. SECRETARY OF STATE $-0- $(195,000)
The base budget for the
secretary of state shall be $6,134,000 in fiscal year 2010 and $6,301,000 in
fiscal year 2011.
Sec. 8. OFFICE OF ENTERPRISE TECHNOLOGY $-0- $(313,000)
The base budget for the
Office of Enterprise Technology shall be $6,076,000 in fiscal year 2010 and
$6,076,000 in fiscal year 2011.
Sec. 9. ADMINISTRATION $-0- $(1,274,000)
$885,000 of the reduction is
from the appropriation for Department of Public Safety relocation expenses.
By June 30, 2009, the
commissioner of finance shall transfer $1,000,000 of the balance in the
facilities repair and replacement account in the special revenue fund to the
general fund. This amount is in
addition to amounts transferred under Minnesota Statutes, section 16B.24,
subdivision 5, paragraph (d).
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$40,000 is to design and
construct a workers memorial on the Capitol grounds in St. Paul. This appropriation is added to the
appropriation in Laws 2006, chapter 258, section 12, subdivision 4.
$40,000 is for a grant to
the Capitol Area Architectural and Planning Board to design and construct a
memorial to Hubert H. Humphrey in the
Capitol area. This appropriation is
added to the appropriations for the same purpose in Laws 1993, chapter 192,
section 16; and Laws 1999, chapter 250, article 1, section 13, and is available
until expended.
Sec. 10. FINANCE $-0- $(624,000)
After the Departments of
Finance and Employee Relations merge as directed in Laws 2007, chapter 148,
article 2, section 80, the commissioner of finance may reallocate fiscal year
2009 general fund appropriation reductions among programs within the merged
agency. Any reallocation of funds shall
be shown in the program appropriations base for fiscal years 2010 and 2011
according to Minnesota Statutes, section 16A.11, subdivision 3, paragraph (b).
Sec. 11. EMPLOYEE RELATIONS $-0- $(218,000)
The base budget for employee
relations shall be $5,241,000 in fiscal year 2010 and $5,241,000 in fiscal year
2011 to reflect the reduction and a transfer to the Department of Health for
the merger in Laws 2007, chapter 148, article 2, section 80.
Sec. 12. REVENUE $-0- $
6,120,000
$7,000,000 is for additional
activities to identify and collect tax liabilities from individuals and
businesses that currently do not pay all taxes owed. This initiative is expected to result in new general fund
revenues of $21,000,000 for fiscal year 2009.
The department must report
to the chairs of the house of representatives Ways and Means Committee and
senate Finance Committee by March 1, 2009, and January 15, 2010, on the
following performance indicators:
(1) the number of
corporations noncompliant with the corporate tax system each year and the
percentage and dollar amounts of valid tax liabilities collected;
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(2) the number of businesses
noncompliant with the sales and use tax system and the percentage and dollar
amounts of the valid tax liabilities collected; and
(3) the number of individual
noncompliant cases resolved and the percentage and dollar amounts of valid tax
liabilities collected.
The reports must also
identify base-level expenditures and staff positions related to compliance and
audit activities, including baseline information as of January 1, 2006. The information must be provided at the
budget activity level.
$1,240,000 is a reduction
from the appropriation for the tax system management program.
$360,000 is for the costs of
administering the data match program under new Minnesota Statutes, section
13B.07, including payments to financial institutions in exchange for performing
data matches under that section.
Sec. 13. [5.33]
RETURNING COMBAT VETERANS.
If any Minnesota business or
nonprofit corporation, limited liability company, cooperative, limited partnership,
or limited liability partnership has been administratively or statutorily
dissolved, revoked, or terminated after December 31, 2006, for failure to file
an annual or periodic report with the Office of the Secretary of State during a
calendar year when an individual with substantial responsibility for the
operation of the dissolved, revoked, or terminated business or nonprofit
corporation, limited liability company, cooperative, limited partnership, or
limited liability partnership was serving in active military service in the
armed forces of the United States, including the reserves or National Guard, as
defined in section 190.05, subdivision 5b or 5c, or was engaged in employment
outside of the United States essential to the prosecution of a war or to the
national defense, as designated by the United States Congress or the United
States Department of Defense, the secretary of state shall waive any
reinstatement fee otherwise required by law.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 14. [13B.07]
TAX DEBTOR DATA MATCHES.
Subdivision 1. Definitions. The definitions in this subdivision apply
to this section.
(a) "Account"
means demand deposit account, checking account, negotiable order of withdrawal
account, savings account, time deposit account, money market mutual fund
account, or certificate of deposit account located in Minnesota.
(b) "Account
information" means the type of account, the account number, and whether
the account is singly or jointly owned.
(c) "Commissioner"
means the commissioner of revenue.
(d) "Debtor" means
a person for whom a notice of lien has been filed by the commissioner as
provided by section 270C.63, subdivision 2.
(e) "Financial
institution" means any of the following that do business in this state:
(1) federal or state
commercial banks and federal or state savings banks, including savings and loan
associations and cooperative banks;
(2) federal and state
chartered credit unions;
(3) safe deposit companies;
or
(4) money market mutual
funds.
(f) "Person" means
a person as defined in section 270C.01, subdivision 6.
(g) "Service level
agreement" means an agreement entered into between the commissioner and a
financial institution that defines terms and conditions by which the financial
institution will provide data matches to the commissioner.
Subd. 2. Data match system
established. The
commissioner shall establish a process for the comparison of account
information data held by financial institutions with the Department of
Revenue's database of debtors. The
commissioner, in consultation with representatives from financial institutions,
shall develop an implementation and administration plan for the data match
system that attempts to minimize financial burdens on financial institutions
for start-up and compliance costs and takes into consideration the financial
institutions' existing data match systems.
The commissioner shall inform the financial industry of the requirements
of this section and the means by which financial institutions can comply no
later than October 1, 2008, with the financial institutions receiving the first
match requests no earlier than January 1, 2009. The commissioner may enter into service-level agreements with
financial institutions.
Subd. 3. Duty to provide data. Within 30 days of a request by the
commissioner, a financial institution shall provide to the commissioner the
name, address, personal identifying information, and account information for
each debtor or account holder, in accordance with the method chosen in
subdivision 4, who maintains an account at the financial institution. The commissioner may request from a
financial institution the data concerning any debtor not more than once every
three months.
Subd. 4. Method to provide data. To comply with the requirements of this
section, a financial institution must elect, in a manner authorized by the
commissioner, to either:
(1) provide to the
commissioner a list containing only the names and other necessary personal
identifying information, including the debtor's address, Social Security number
if an individual, and tax identification number if known, of all account
holders for the commissioner to compare against its list of debtors for the
purpose of identifying which debtors maintain an account at the financial
institution; the names of the debtors who maintain an account at the
institution shall then be transmitted to the financial institution which shall
provide the commissioner with account information on those debtors; or
(2) obtain an electronic
list of debtors from the commissioner that includes each debtor's name,
address, Social Security number if an individual, and tax identification number
if known, and compare that data to the data maintained at the financial
institution to identify which of the identified debtors maintains an account at
the financial institution.
Subd. 5. Means to provide data. A financial institution must provide the
required data in encrypted form by secure electronic means or other means
authorized by the commissioner.
Subd. 6. Access to data. (a) With regard to account information on
all account holders provided by a financial institution under subdivision 4,
clause (1), the commissioner shall retain the reported information only until
the account information is compared against the commissioner's debtor
database. Notwithstanding section
138.17, all account information that does not pertain to a debtor listed in the
commissioner's database must be immediately destroyed and no retention or
publication of that data shall be made by the commissioner. All account information that pertains to a
debtor listed in the commissioner's database must be incorporated into the
commissioner's database. Access to that
data is governed by chapters 13 and 270B.
Notwithstanding section 16D.06, data collected pursuant to this section
is available for the collection of delinquent taxes only and is not available
for other debt collection activities undertaken by the state.
(b) With regard to data on
debtors provided by the commissioner to a financial institution under
subdivision 4, clause (2), the financial institution shall retain the reported
information only until the financial institution's database is compared against
the commissioner's database. Data that
does not pertain to an account holder at the financial institution must be
immediately destroyed and no retention, publication, or any other use of that
data shall be made by the financial institution.
Subd. 7. Fees. A financial institution may charge and
collect a fee from the commissioner for providing account information to the
commissioner. The commissioner may pay
a financial institution up to $150 each quarter. The commissioner shall develop procedures for the financial
institutions to charge and collect the fee.
Payment of the fee is limited by the amount of the appropriation for
this purpose. If the appropriation is
insufficient, or if fund availability in the fourth quarter would allow
payments for actual costs in excess of $150, the commissioner shall prorate the
available funds among the financial institutions that have submitted a claim
for the fee. No financial institution
shall charge or collect a fee that exceeds its actual costs of complying with
this section. The commissioner,
together with an advisory group consisting of representatives of the financial
institutions in the state, shall evaluate whether the fees paid to financial
institutions compensate them for their actual costs, including start-up costs,
of complying with this section, and shall evaluate whether the amount
appropriated to the commissioner for the costs of administering the data match
system compensates the commissioner for the costs incurred by the
department. The advisory group shall
submit a report to the legislature by February 1, 2009, with a recommendation
for retaining or modifying the fee.
Subd. 8. Failure to respond to
request for information. The
commissioner shall send a written notice of noncompliance to a financial
institution that fails to respond to a first written request for information
under this section. The notice must be
sent by certified mail and must explain the requirements of this section and
advise the financial institution of the penalty for noncompliance. A financial institution that receives a
second notice of noncompliance is subject to a civil penalty of $1,000 for its
failure to comply. A financial
institution that continues to fail to comply with this section is subject to a
civil penalty of $5,000 for the third and each subsequent failure to
comply. The penalties imposed under
this subdivision are collected in the same manner as taxes. A financial institution that has been served
with a notice of noncompliance and incurs a second or subsequent notice of
noncompliance has the right to a contested case hearing under chapter 14. A financial institution has 20 days from the
date of the service of the notice of noncompliance to file a request for a
contested case hearing with the commissioner.
The order of the administrative law judge constitutes the final decision
in this case. A financial institution
is considered to be in compliance with this section if it demonstrates that it
is working in good faith to implement the data match program.
Subd. 9. Confidentiality. A financial institution furnishing a
report to the commissioner under this section is prohibited from disclosing to
a debtor that the name of the debtor has been received from or furnished to the
commissioner.
Subd. 10. Immunity. A financial institution that provides or
reasonably attempts to provide information to the commissioner in compliance
with this section is not liable to any person for disclosing the information or
for taking any other action in good faith as authorized by this section.
EFFECTIVE DATE. This section is effective July 1, 2008, except that
subdivision 8 is effective July 1, 2009.
Sec. 15. Minnesota Statutes 2006, section 15A.0815,
subdivision 2, as amended by Laws 2008, chapter 204, section 3, is amended to
read:
Subd. 2. Group
I salary limits. The salaries for
positions in this subdivision may not exceed 95 percent of the salary of the
governor:
Commissioner of
administration;
Commissioner of agriculture;
Commissioner of education;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of finance;
Commissioner of health;
Executive director,
Minnesota Office of Higher Education;
Commissioner, Housing
Finance Agency;
Commissioner of human
rights;
Commissioner of human
services;
Commissioner of labor and
industry;
Commissioner of natural
resources;
Director of Office of
Strategic and Long-Range Planning;
Commissioner, Pollution
Control Agency;
Executive director, Public
Employees Retirement Association;
Commissioner of public
safety;
Commissioner of revenue;
Executive director, State
Retirement System;
Executive director, Teachers
Retirement Association;
Commissioner of employment
and economic development;
Commissioner of
transportation; and
Commissioner of veterans
affairs.
Sec. 16. Minnesota Statutes 2006, section 15A.0815,
subdivision 3, is amended to read:
Subd. 3. Group
II salary limits. The salaries for
positions in this subdivision may not exceed 85 percent of the salary of the
governor:
Executive director of
Gambling Control Board;
Commissioner, Iron Range
Resources and Rehabilitation Board;
Commissioner, Bureau of
Mediation Services;
Ombudsman for Mental Health
and Developmental Disabilities;
Chair, Metropolitan Council;
Executive director of
pari-mutuel racing; and
Executive director, Public
Employees Retirement Association;
Commissioner, Public
Utilities Commission;.
Executive director, State
Retirement System; and
Executive director, Teachers
Retirement Association.
Sec. 17. Minnesota Statutes 2006, section 270B.085,
is amended by adding a subdivision to read:
Subd. 4. Data matching program
for collection of tax debts. The
commissioner may disclose the name, last known address, and Social Security
number of taxpayers who owe delinquent state taxes for the purpose of administering
the tax debt data matching program with financial institutions under section
13B.07.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 18. Laws 2005, chapter 156, article 1, section
11, subdivision 2, is amended to read:
Subd. 2. State Facilities Services 16,070,000 10,946,000
$5,124,000 the first year is
for onetime funding of agency relocation expenses. This amount is available until June 30, 2009. The Department of Human Services will
obtain federal reimbursement for associated relocation expenses. This amount, estimated to be $1,870,000,
will be deposited in the general fund.
$7,888,000 the first year
and $7,888,000 the second year are for office space costs of the legislature
and veterans organizations, for ceremonial space, and for statutorily free
space.
$2,000,000 of the balance in
the state building code account in the state government special revenue fund is
canceled to the general fund.
$1,950,000 the first year
and $1,950,000 the second year of the balance in the facilities repair and
replacement account in the special revenue fund is canceled to the general
fund. This is a onetime cancellation.
Sec. 19. Laws 2006,
chapter 282, article 2, section 27, subdivision 4, is amended to read:
Subd. 4. Expiration. The commission expires December 31, 2008 June 30, 2009.
Sec. 20. Laws 2007,
chapter 148, article 1, section 12, subdivision 4, is amended to read:
Subd. 4. Administrative Management Services 5,672,000 5,218,000
(a) $125,000 the first year
is to create an Office of Grants Management to standardize state grants
management policies and procedures. For
the fiscal year beginning July 1, 2008, the commissioner must may
deduct up to $125,000 from state grants that are subject to Minnesota
Statutes, section 16B.97, to nongovernmental nonstate
entities, as necessary to fund the commissioner's duties under new Minnesota
Statutes, sections 16B.97 and 16B.98.
The amount deducted from appropriations for these grants is transferred to
the commissioner for purposes of administering these sections.
(b) $250,000 the first year
and $250,000 the second year are to establish a small agency resource team to
consolidate and streamline the human resources and financial management
activities for small state agencies, boards, and councils.
(c) $500,000 the first year
is a onetime appropriation for a targeted group business disparity study. The commissioner must cooperate with units
of local government conducting similar studies. The commissioner shall ensure that the results of the study are
kept current and that any new or upgraded accounting or procurement systems
properly record purchases from minority and female-owned businesses through the
use of state contracts, and the availability of bids from those businesses.
(d) $74,000 the first year
and $74,000 the second year are for the Council on Developmental Disabilities.
(e) $140,000 in fiscal year
2008 and $140,000 in fiscal year 2009 are for a grant to the Council on
Developmental Disabilities for the purpose of establishing a statewide
self-advocacy network for persons with intellectual and developmental
disabilities (ID/DD). The self-advocacy
network shall:
(1) ensure that persons with
ID/DD are informed of their rights in employment, housing, transportation,
voting, government policy, and other issues pertinent to the ID/DD community;
(2) provide public education
and awareness of the civil and human rights issues persons with ID/DD face;
(3) provide funds, technical
assistance, and other resources for self-advocacy groups across the state; and
(4) organize systems of
communications to facilitate an exchange of information between self-advocacy
groups.
This appropriation is in
addition to any other appropriations and must be added to the base
appropriation beginning in fiscal year 2010.
Sec. 21. PROFESSIONAL
AND TECHNICAL CONTRACTS.
By July 1, 2008, the
commissioner of finance shall allocate a reduction of $1,875,000 among the
general fund appropriations for fiscal year 2009 to executive branch state
agencies, as defined in Minnesota Statutes, section 16A.011, subdivision
12a. To the extent possible, this
reduction must be achieved through reductions in expenditures for professional and technical contracts, as defined in
Minnesota Statutes, section 16C.08, subdivision 1. Executive branch state agencies shall
cooperate with the commissioner of finance in developing and
implementing the reductions. Any
reductions that cannot be achieved through savings in professional and
technical contracts must be allocated proportionally across executive branch
state agency operating budgets. For the
purposes of defining the base under Minnesota Statutes, section 16A.11,
subdivision 3, paragraph (b), $575,000 each year must be allocated as a
permanent reduction to state agency base appropriations for fiscal years 2010
and 2011. The reductions must be
allocated in proportion to the fiscal year 2009 reduction. For purposes of this subdivision,
"executive branch state agency" does not include the Minnesota State
Colleges and Universities. By January
15, 2009, the commissioner of finance shall report to the chairs and ranking
minority members of the legislative committees with jurisdiction over finance
regarding the amount of the reductions in professional and technical contract
spending by each agency.
Sec. 22. LEGISLATORS'
FORUM.
During the biennium ending
June 30, 2009, the Legislative Coordinating Commission must pay expenses
associated with Minnesota legislators' participation in a legislators' forum,
through which Minnesota legislators meet with counterparts from South Dakota,
North Dakota, and Manitoba to discuss issues of mutual concern.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE 14
RESERVES AND TRANSFERS
Section 1. BUDGET
RESERVE REDUCTION.
On July 1, 2008, the
commissioner of finance shall cancel $500,000,000 of the balance in the budget
reserve account in Minnesota Statutes, section 16A.152, to the general fund.
Sec. 2. DUPLICATE
APPROPRIATIONS.
Unless another act
explicitly provides otherwise, appropriations and transfers made in this act
and other acts must be implemented only once even if the provision or a similar
provision with the same fiscal effect in the same fiscal year is included in
another act. This section applies to
laws enacted in the 2008 regular session.
Sec. 3. SEVERABLE
PROVISIONS.
If any provision of this act
is found to be unconstitutional, the remaining provisions of this act remain
valid.
ARTICLE 15
CONTINUING CARE
Section 1. Minnesota Statutes 2006, 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
sections 256B.0651 to 256B.0656:
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
developmental disabilities;
(4) "relocation
targeted case management" 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 lesser of:
(i) the last 180 consecutive
days of an eligible recipient's institutional stay; or
(ii) the limits and
conditions which apply to federal Medicaid funding for this service; 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. 2. Minnesota Statutes 2006, 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) 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. 3. Minnesota Statutes 2006, section 256B.0621,
subdivision 10, is amended to read:
Subd. 10. Payment
rates. The commissioner shall set
payment rates for targeted case management under this subdivision. Case managers may bill according to the
following criteria:
(1) for relocation targeted
case management, case managers may bill for direct case management activities,
including face-to-face and telephone contacts, in the lesser of:
(i) 180 days preceding an
eligible recipient's discharge from an institution; or
(ii) the limits and
conditions which apply to federal Medicaid funding for this service;
(2) for home care targeted
case management, case managers may bill for direct case management activities,
including face-to-face and telephone contacts; and
(3) billings for targeted
case management services under this subdivision shall not duplicate payments
made under other program authorities for the same purpose.
Sec. 4. Minnesota Statutes 2007 Supplement, section
256B.0625, subdivision 20, is amended to read:
Subd. 20. Mental
health case management. (a) To the
extent authorized by rule of the state agency, medical assistance covers case
management services to persons with serious and persistent mental illness and
children with severe emotional disturbance.
Services provided under this section must meet the relevant standards in
sections 245.461 to 245.4887, the Comprehensive Adult and Children's Mental Health
Acts, Minnesota Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding
subpart 10.
(b) Entities meeting program
standards set out in rules governing family community support services as
defined in section 245.4871, subdivision 17, are eligible for medical
assistance reimbursement for case management services for children with severe
emotional disturbance when these services meet the program standards in
Minnesota Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts
6 and 10.
(c) Medical assistance and
MinnesotaCare payment for mental health case management shall be made on a
monthly basis. In order to receive
payment for an eligible child, the provider must document at least a face-to-face
contact with the child, the child's parents, or the child's legal
representative. To receive payment for
an eligible adult, the provider must document:
(1) at least a face-to-face
contact with the adult or the adult's legal representative; or
(2) at least a telephone
contact with the adult or the adult's legal representative and document a
face-to-face contact with the adult or the adult's legal representative within
the preceding two months.
(d) Payment for mental
health case management provided by county or state staff shall be based on the
monthly rate methodology under section 256B.094, subdivision 6, paragraph (b),
with separate rates calculated for child welfare and mental health, and within
mental health, separate rates for children and adults.
(e) Payment for mental
health case management provided by Indian health services or by agencies
operated by Indian tribes may be made according to this section or other
relevant federally approved rate setting methodology.
(f) Payment for mental
health case management provided by vendors who contract with a county or Indian
tribe shall be based on a monthly rate negotiated by the host county or
tribe. The negotiated rate must not
exceed the rate charged by the vendor for the same service to other payers. If the service is provided by a team of
contracted vendors, the county or tribe may negotiate a team rate with a vendor
who is a member of the team. The team
shall determine how to distribute the rate among its members. No reimbursement received by contracted
vendors shall be returned to the county or tribe, except to reimburse the
county or tribe for advance funding provided by the county or tribe to the
vendor.
(g) If the service is
provided by a team which includes contracted vendors, tribal staff, and county
or state staff, the costs for county or state staff participation in the team
shall be included in the rate for county-provided services. In this case, the contracted vendor, the
tribal agency, and the county may each receive separate payment for services
provided by each entity in the same month.
In order to prevent duplication of services, each entity must document,
in the recipient's file, the need for team case management and a description of
the roles of the team members.
(h) Notwithstanding section
256B.19, subdivision 1, the nonfederal share of costs for mental health case
management shall be provided by the recipient's county of responsibility, as
defined in sections 256G.01 to 256G.12, from sources other than federal funds
or funds used to match other federal funds.
If the service is provided by a tribal agency, the nonfederal share, if
any, shall be provided by the recipient's tribe. When this service is paid by the state without a federal share
through fee-for-service, 50 percent of the cost shall be provided by the recipient's
county of responsibility.
(i) Notwithstanding any
administrative rule to the contrary, prepaid medical assistance, general
assistance medical care, and MinnesotaCare include mental health case
management. When the service is
provided through prepaid capitation, the nonfederal share is paid by the state
and the county pays no share.
(j) The commissioner may
suspend, reduce, or terminate the reimbursement to a provider that does not
meet the reporting or other requirements of this section. The county of responsibility, as defined in
sections 256G.01 to 256G.12, or, if applicable, the tribal agency, is
responsible for any federal disallowances.
The county or tribe may share this responsibility with its contracted
vendors.
(k) The commissioner shall
set aside a portion of the federal funds earned for county expenditures under
this section to repay the special revenue maximization account under section
256.01, subdivision 2, clause (15). The
repayment is limited to:
(1) the costs of developing
and implementing this section; and
(2) programming the
information systems.
(l) Payments to counties and
tribal agencies for case management expenditures under this section shall only
be made from federal earnings from services provided under this section. When this service is paid by the state
without a federal share through fee-for-service, 50 percent of the cost shall
be provided by the state. Payments to
county-contracted vendors shall include the federal earnings, the state share,
and the county share.
(m) Case management services
under this subdivision do not include therapy, treatment, legal, or outreach
services.
(n) If the recipient is a
resident of a nursing facility, intermediate care facility, or hospital, and
the recipient's institutional care is paid by medical assistance, payment for
case management services under this subdivision is limited to the lesser of:
(1) the last 180 days of the
recipient's residency in that facility and may not exceed more than six months
in a calendar year; or
(2) the limits and
conditions which apply to federal Medicaid funding for this service.
(o) Payment for case
management services under this subdivision shall not duplicate payments made
under other program authorities for the same purpose.
Sec. 5. [256B.0658]
HOUSING ACCESS GRANTS.
The commissioner of human
services shall award through a competitive process contracts for grants to
public and private agencies to support and assist individuals eligible for
publicly funded home and community-based services, including state plan home
care, to access housing. Grants may be
awarded to agencies that may include, but are not limited to, the following
supports: assessment to assure
suitability of housing, accompanying an individual to look at housing, filling
out applications and rental agreements, meeting with landlords, helping with
Section 8 or other program applications, helping to develop a budget, obtaining
furniture and household goods, if necessary, and assisting with any problems
that may arise with housing.
Sec. 6. Minnesota Statutes 2006, section 256B.0924,
subdivision 4, is amended to read:
Subd. 4. Targeted
case management service activities.
(a) For persons with developmental disabilities, targeted case
management services must meet the provisions of section 256B.092.
(b) For persons not eligible
as a person with a developmental disability, targeted case management service
activities include:
(1) an assessment of the
person's need for targeted case management services;
(2) the development of a
written personal service plan;
(3) a regular review and
revision of the written personal service plan with the recipient and the
recipient's legal representative, and others as identified by the recipient, to
ensure access to necessary services and supports identified in the plan;
(4) effective communication
with the recipient and the recipient's legal representative and others
identified by the recipient;
(5) coordination of
referrals for needed services with qualified providers;
(6) coordination and
monitoring of the overall service delivery to ensure the quality and
effectiveness of services;
(7) assistance to the
recipient and the recipient's legal representative to help make an informed
choice of services;
(8) advocating on behalf of
the recipient when service barriers are encountered or referring the recipient
and the recipient's legal representative to an independent advocate;
(9) monitoring and
evaluating services identified in the personal service plan to ensure personal
outcomes are met and to ensure satisfaction with services and service delivery;
(10) conducting face-to-face
monitoring with the recipient at least twice a year;
(11) completing and
maintaining necessary documentation that supports and verifies the activities
in this section;
(12) coordinating with the
medical assistance facility discharge planner in the 180-day period
prior to the recipient's discharge into the community; and
(13) a personal service plan
developed and reviewed at least annually with the recipient and the recipient's
legal representative. The personal
service plan must be revised when there is a change in the recipient's
status. The personal service plan must
identify:
(i) the desired personal
short and long-term outcomes;
(ii) the recipient's preferences
for services and supports, including development of a person-centered plan if
requested; and
(iii) formal and informal
services and supports based on areas of assessment, such as: social, health, mental health, residence,
family, educational and vocational, safety, legal, self-determination,
financial, and chemical health as determined by the recipient and the
recipient's legal representative and the recipient's support network.
Sec. 7. Minnesota Statutes 2006, section 256B.0924,
subdivision 6, is amended to read:
Subd. 6. Payment
for targeted case management. (a)
Medical assistance and MinnesotaCare payment for targeted case management shall
be made on a monthly basis. In order to
receive payment for an eligible adult, the provider must document at least one
contact per month and not more than two consecutive months without a
face-to-face contact with the adult or the adult's legal representative,
family, primary caregiver, or other relevant persons identified as necessary to
the development or implementation of the goals of the personal service plan.
(b) Payment for targeted
case management provided by county staff under this subdivision shall be based
on the monthly rate methodology under section 256B.094, subdivision 6,
paragraph (b), calculated as one combined average rate together with adult
mental health case management under section 256B.0625, subdivision 20, except
for calendar year 2002. In calendar
year 2002, the rate for case management under this section shall be the same as
the rate for adult mental health case management in effect as of December 31,
2001. Billing and payment must identify
the recipient's primary population group to allow tracking of revenues.
(c) Payment for targeted
case management provided by county-contracted vendors shall be based on a
monthly rate negotiated by the host county.
The negotiated rate must not exceed the rate charged by the vendor for
the same service to other payers. If
the service is provided by a team of contracted vendors, the county may negotiate
a team rate with a vendor who is a member of the team. The team shall determine how to distribute
the rate among its members. No
reimbursement received by contracted vendors shall be returned to the county,
except to reimburse the county for advance funding provided by the county to
the vendor.
(d) If the service is
provided by a team that includes contracted vendors and county staff, the costs
for county staff participation on the team shall be included in the rate for
county-provided services. In this case,
the contracted vendor and the county may each receive separate payment for
services provided by each entity in the same month. In order to prevent duplication of services, the county must
document, in the recipient's file, the need for team targeted case management
and a description of the different roles of the team members.
(e) Notwithstanding section
256B.19, subdivision 1, the nonfederal share of costs for targeted case
management shall be provided by the recipient's county of responsibility, as
defined in sections 256G.01 to 256G.12, from sources other than federal funds
or funds used to match other federal funds.
(f) The commissioner may
suspend, reduce, or terminate reimbursement to a provider that does not meet
the reporting or other requirements of this section. The county of responsibility, as defined in sections 256G.01 to
256G.12, is responsible for any federal disallowances. The county may share this responsibility
with its contracted vendors.
(g) The commissioner shall set
aside five percent of the federal funds received under this section for use in
reimbursing the state for costs of developing and implementing this section.
(h) Payments to counties for
targeted case management expenditures under this section shall only be made
from federal earnings from services provided under this section. Payments to contracted vendors shall include
both the federal earnings and the county share.
(i) Notwithstanding section
256B.041, county payments for the cost of case management services provided by
county staff shall not be made to the commissioner of finance. For the purposes of targeted case management
services provided by county staff under this section, the centralized
disbursement of payments to counties under section 256B.041 consists only of
federal earnings from services provided under this section.
(j) If the recipient is a
resident of a nursing facility, intermediate care facility, or hospital, and
the recipient's institutional care is paid by medical assistance, payment for
targeted case management services under this subdivision is limited to the
lesser of:
(1) the last 180 days of the
recipient's residency in that facility and may not exceed more than six
months in a calendar year; or
(2) the limits and
conditions which apply to federal Medicaid funding for this service.
(k) Payment for targeted
case management services under this subdivision shall not duplicate payments
made under other program authorities for the same purpose.
(l) Any growth in targeted
case management services and cost increases under this section shall be the
responsibility of the counties.
Sec. 8. Minnesota Statutes 2006, section 256B.19,
subdivision 1d, is amended to read:
Subd. 1d. Portion
of nonfederal share to be paid by certain counties. (a) In addition to the percentage
contribution paid by a county under subdivision 1, the governmental units
designated in this subdivision shall be responsible for an additional portion
of the nonfederal share of medical assistance cost. For purposes of this subdivision, "designated governmental
unit" means the counties of Becker, Beltrami, Clearwater, Cook, Dodge,
Hubbard, Itasca, Lake, Pennington, Pipestone, Ramsey, St. Louis, Steele, Todd,
Traverse, and Wadena.
(b) Beginning in 1994, each
of the governmental units designated in this subdivision shall transfer before
noon on May 31 to the state Medicaid agency an amount equal to the number of
licensed beds in any nursing home owned and operated by the county on that
date, with the county named as licensee, multiplied by $5,723. If two or more counties own and operate a
nursing home, the payment shall be prorated.
These sums shall be part of the designated governmental unit's portion
of the nonfederal share of medical assistance costs.
(c) Beginning in 2002, in
addition to any transfer under paragraph (b), each of the governmental units
designated in this subdivision shall transfer before noon on May 31 to the
state Medicaid agency an amount equal to the number of licensed beds in any
nursing home owned and operated by the county on that date, with the county
named as licensee, multiplied by $10,784.
The provisions of paragraph (b) apply to transfers under this paragraph.
(d) Beginning in 2003, in
addition to any transfer under paragraphs (b) and (c), each of the governmental
units designated in this subdivision shall transfer before noon on May 31 to
the state Medicaid agency an amount equal to the number of licensed beds in any
nursing home owned and operated by the county on that date, with the county
named as licensee, multiplied by $2,230.
The provisions of paragraph (b) apply to transfers under this paragraph.
(e) (d) The commissioner may reduce
the intergovernmental transfers under paragraphs paragraph (c) and
(d) based on the commissioner's determination of the payment rate in
section 256B.431, subdivision 23, paragraphs (c), and (d), and
(e). Any adjustments must be made
on a per-bed basis and must result in an amount equivalent to the total amount
resulting from the rate adjustment in section 256B.431, subdivision 23,
paragraphs (c), and (d), and (e).
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2006, section 256B.431,
subdivision 23, is amended to read:
Subd. 23. County
nursing home payment adjustments.
(a) Beginning in 1994, the commissioner shall pay a nursing home payment
adjustment on May 31 after noon to a county in which is located a nursing home
that, on that date, was county-owned and operated, with the county named as
licensee by the commissioner of health, and had
over 40 beds and medical
assistance occupancy in excess of 50 percent during the reporting year ending
September 30, 1991. The adjustment
shall be an amount equal to $16 per calendar day multiplied by the number of
beds licensed in the facility on that date.
(b) Payments under paragraph
(a) are excluded from medical assistance per diem rate calculations. These payments are required notwithstanding
any rule prohibiting medical assistance payments from exceeding payments from
private pay residents. A facility
receiving a payment under paragraph (a) may not increase charges to private pay
residents by an amount equivalent to the per diem amount payments under paragraph
(a) would equal if converted to a per diem.
(c) Beginning in 2002, in
addition to any payment under paragraph (a), the commissioner shall pay to a
nursing facility described in paragraph (a) an adjustment in an amount equal to
$29.55 per calendar day multiplied by the number of beds licensed in the
facility on that date. The provisions
of paragraphs (a) and (b) apply to payments under this paragraph.
(d) Beginning in 2003, in
addition to any payment under paragraphs (a) and (c), the commissioner shall
pay to a nursing facility described in paragraph (a) an adjustment in an amount
equal to $6.11 per calendar day multiplied by the number of beds licensed in
the facility on that date. The
provisions of paragraphs (a) and (b) apply to payments under this paragraph.
(e) (d) The commissioner may reduce
payments under paragraphs paragraph (c) and (d) based on
the commissioner's determination of Medicare upper payment limits. Any adjustments must be proportional to
adjustments made under section 256B.19, subdivision 1d, paragraph (e)
(d).
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2007 Supplement, section
256B.441, subdivision 1, is amended to read:
Subdivision 1. Rebasing
of nursing facility operating cost payment rates. (a) The commissioner shall rebase nursing
facility operating cost payment rates to align payments to facilities
with the cost of providing care. The
rebased operating cost payment rates shall be calculated using the
statistical and cost report filed by each nursing facility for the report
period ending one year prior to the rate year.
(b) The new operating cost
payment rates based on this section shall take effect beginning with the rate
year beginning October 1, 2008, and shall be phased in over eight rate years
through October 1, 2015. For each
year of the phase-in, the operating payment rates shall be calculated using the
statistical and cost report filed by each nursing facility for the report
period ending one year prior to the rate year.
(c) Operating cost
payment rates shall be rebased on October 1, 2016, and every two years after
that date.
(d) 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.
(e) Effective October 1,
2014, property rates shall be rebased in accordance with section 256B.431 and
Minnesota Rules, chapter 9549. The
commissioner shall determine what the property payment rate for a nursing
facility would be had the facility not had its property rate determined under
section 256B.434. The commissioner
shall allow nursing facilities to provide information affecting this rate
determination that would have been filed annually under Minnesota Rules,
chapter 9549, and nursing facilities shall report information necessary to
determine allowable debt. The commissioner
shall use this information to determine the property payment rate.
Sec. 11. Minnesota Statutes 2007 Supplement, section
256B.441, subdivision 55, is amended to read:
Subd. 55. Phase-in
of rebased operating cost payment rates. (a) For the rate years beginning October 1, 2008, to October 1, 2012
2015, the operating cost payment rate calculated under this section
shall be phased in by blending the operating cost rate with the
operating cost payment rate determined under section 256B.434. For purposes of this subdivision, the
rate to be used that is determined under section 256B.434 shall not include the
portion of the operating payment rate related to performance-based incentive
payments under section 256B.434, subdivision 4, paragraph (d). For the rate year beginning October 1,
2008, the operating cost payment rate for each facility shall be 13
percent of the operating cost payment rate from this section, and 87
percent of the operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2009,
the operating cost payment rate for each facility shall be 14 percent of
the operating cost payment rate from this section, and 86 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2010,
the operating cost payment rate for each facility shall be 14 percent of
the operating cost payment rate from this section, and 86 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2011,
the operating cost payment rate for each facility shall be 31 percent of
the operating cost payment rate from this section, and 69 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2012,
the operating cost payment rate for each facility shall be 48 percent of
the operating cost payment rate from this section, and 52 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2013,
the operating cost payment rate for each facility shall be 65 percent of
the operating cost payment rate from this section, and 35 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2014,
the operating cost payment rate for each facility shall be 82 percent of
the operating cost payment rate from this section, and 18 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2015,
the operating cost payment rate for each facility shall be the operating
cost payment rate determined under this section. The blending of operating cost
payment rates under this section shall be performed separately for each RUG's
class.
(b) For the rate year
beginning October 1, 2008, the commissioner shall apply limits to the operating
payment rate increases under paragraph (a) by creating a minimum percentage
increase and a maximum percentage increase.
(1) Each nursing facility
that receives a blended October 1, 2008, operating payment rate increase under
paragraph (a) of less than one percent, when compared to its operating payment
rate on September 30, 2008, computed using rates with RUG's weight of 1.00,
shall receive a rate adjustment of one percent.
(2) The commissioner shall
determine a maximum percentage increase that will result in savings equal to
the cost of allowing the minimum increase in clause (1). Nursing facilities with a blended October 1,
2008, operating payment rate increase under paragraph (a) greater than the
maximum percentage increase determined by the commissioner, when compared to
its operating payment rate on September 30, 2008, computed using rates with a
RUG's weight of 1.00, shall receive the maximum percentage increase.
(3) Nursing facilities with
a blended October 1, 2008, operating payment rate increase under paragraph (a)
greater than one percent and less than the maximum percentage increase
determined by the commissioner, when compared to its operating payment rate on
September 30, 2008, computed using rates with a RUG's weight of 1.00, shall
receive the blended October 1, 2008, operating payment rate increase determined
under paragraph (a).
(4) The October 1, 2009,
through October 1, 2015, operating payment rate for facilities receiving the
maximum percentage increase determined in clause (2) shall be the amount
determined under paragraph (a) less the difference between the amount
determined under paragraph (a) for October 1, 2008, and the amount allowed
under clause (2). This rate restriction
does not apply to rate increases provided in any other section.
(b) (c) A portion of the funds
received under this subdivision that are in excess of operating cost
payment rates that a facility would have received under section 256B.434, as
determined in accordance with clauses (1) to (3), shall be subject to the requirements
in section 256B.434, subdivision 19, paragraphs (b) to (h).
(1) Determine the amount of
additional funding available to a facility, which shall be equal to total
medical assistance resident days from the most recent reporting year times the
difference between the blended rate determined in paragraph (a) for the rate
year being computed and the blended rate for the prior year.
(2) Determine the portion of
all operating costs, for the most recent reporting year, that are compensation
related. If this value exceeds 75
percent, use 75 percent.
(3) Subtract the amount
determined in clause (2) from 75 percent.
(4) The portion of the fund
received under this subdivision that shall be subject to the requirements in
section 256B.434, subdivision 19, paragraphs (b) to (h), shall equal the amount
determined in clause (1) times the amount determined in clause (3).
Sec. 12. Minnesota Statutes 2007 Supplement, section
256B.441, subdivision 56, is amended to read:
Subd. 56. Hold
harmless. For the rate years
beginning October 1, 2008, to October 1, 2016, no nursing facility shall
receive an operating cost payment rate less than its operating cost payment
rate under section 256B.434. For
rate years beginning between October 1, 2009, and October 1, 2015, no nursing
facility shall receive an operating payment rate less than its operating
payment rate in effect on September 30, 2009.
The comparison of operating cost payment rates under this
section shall be made for a RUG's rate with a weight of 1.00.
Sec. 13. Minnesota Statutes 2007 Supplement, section
256B.5012, subdivision 7, is amended to read:
Subd. 7. ICF/MR
rate increases effective October 1, 2007, and October 1, 2008. (a) For the rate year beginning October 1,
2007, the commissioner shall make available to each facility reimbursed under
this section operating payment rate adjustments equal to 2.0 percent of the
operating payment rates in effect on September 30, 2007. For the rate year beginning July
October 1, 2008, the commissioner shall make available to each facility
reimbursed under this section operating payment rate adjustments equal to 2.0
percent of the operating payment rates in effect on June September
30, 2008. For each facility, the
commissioner shall make available an adjustment, based on occupied beds, using
the percentage specified in this paragraph multiplied by the total payment
rate, including the variable rate but excluding the property-related payment
rate, in effect on the preceding day.
The total payment rate shall include the adjustment provided in section
256B.501, subdivision 12. A facility
whose payment rates are governed by closure agreements, receivership
agreements, or Minnesota Rules, part 9553.0075, is not eligible for an adjustment
otherwise granted under this subdivision.
(b) Seventy-five percent of
the money resulting from the rate adjustments under paragraph (a) must be used
for increases in compensation-related costs for employees directly employed by
the facility on or after the effective date of the rate adjustments, except:
(1) the administrator;
(2) persons employed in the
central office of a corporation that has an ownership interest in the facility
or exercises control over the facility; and
(3) persons paid by the
facility under a management contract.
(c) Two-thirds of the money
available under paragraph (b) must be used for wage increases for all employees
directly employed by the facility on or after the effective date of the rate
adjustments, except those listed in paragraph (b), clauses (1) to (3). The wage adjustment that employees receive
under this paragraph must be paid as an equal hourly percentage wage increase
for all eligible employees. All wage
increases under this paragraph must be effective on the same date. Only costs associated with the portion of
the equal hourly percentage wage increase that goes to all employees shall
qualify under this paragraph. Costs
associated with wage increases in excess of the amount of the equal hourly
percentage wage increase provided to all employees shall be allowed only for
meeting the requirements in paragraph (b).
This paragraph shall not apply to employees covered by a collective
bargaining agreement.
(d) The commissioner shall
allow as compensation-related costs all costs for:
(1) wages and salaries;
(2) FICA taxes, Medicare
taxes, state and federal unemployment taxes, and workers' compensation;
(3) the employer's share of
health and dental insurance, life insurance, disability insurance, long-term
care insurance, uniform allowance, and pensions; and
(4) other benefits provided,
subject to the approval of the commissioner.
(e) The portion of the rate
adjustments under paragraph (a) that is not subject to the requirements in
paragraphs (b) and (c) shall be provided to facilities effective October 1 of
each year.
(f) Facilities may apply for
the portion of the rate adjustments under paragraph (a) that is subject to the
requirements in paragraphs (b) and (c).
The application must be submitted to the commissioner within six months
of the effective date of the rate adjustments, and the facility must provide
additional information required by the commissioner within nine months of the
effective date of the rate adjustments.
The commissioner must respond to all applications within three weeks of
receipt. The commissioner may waive the
deadlines in this paragraph under extraordinary circumstances, to be determined
at the sole discretion of the commissioner.
The application must contain:
(1) an estimate of the
amounts of money that must be used as specified in paragraphs (b) and (c);
(2) a detailed distribution
plan specifying the allowable compensation-related and wage increases the
facility will implement to use the funds available in clause (1);
(3) a description of how the
facility will notify eligible employees of the contents of the approved
application, which must provide for giving each eligible employee a copy of the
approved application, excluding the information required in clause (1), or
posting a copy of the approved application, excluding the information required
in clause (1), for a period of at least six weeks in an area of the facility to
which all eligible employees have access; and
(4) instructions for
employees who believe they have not received the compensation-related or wage
increases specified in clause (2), as approved by the commissioner, and which
must include a mailing address, e-mail address, and the telephone number that
may be used by the employee to contact the commissioner or the commissioner's
representative.
(g) The commissioner shall
ensure that cost increases in distribution plans under paragraph (f), clause
(2), that may be included in approved applications, comply with requirements in
clauses (1) to (4):
(1) costs to be incurred
during the applicable rate year resulting from wage and salary increases
effective after October 1, 2006, and prior to the first day of the facility's
payroll period that includes October 1 of each year shall be allowed if they
were not used in the prior year's application and they meet the requirements of
paragraphs (b) and (c);
(2) a portion of the costs
resulting from tenure-related wage or salary increases may be considered to be
allowable wage increases, according to formulas that the commissioner shall
provide, where employee retention is above the average statewide rate of
retention of direct care employees;
(3) the annualized amount of
increases in costs for the employer's share of health and dental insurance,
life insurance, disability insurance, and workers' compensation shall be allowable
compensation-related increases if they are effective on or after April 1 of the
year in which the rate adjustments are effective and prior to April 1 of the
following year; and
(4) for facilities in which
employees are represented by an exclusive bargaining representative, the
commissioner shall approve the application only upon receipt of a letter of
acceptance of the distribution plan, as regards members of the bargaining unit,
signed by the exclusive bargaining agent and dated after May 25, 2007. Upon receipt of the letter of acceptance,
the commissioner shall deem all requirements of this section as having been met
in regard to the members of the bargaining unit.
(h) The commissioner shall
review applications received under paragraph (f) and shall provide the portion
of the rate adjustments under paragraphs (b) and (c) if the requirements of
this subdivision have been met. The
rate adjustments shall be effective October 1 of each year. Notwithstanding paragraph (a), if the
approved application distributes less money than is available, the amount of
the rate adjustment shall be reduced so that the amount of money made available
is equal to the amount to be distributed.
Sec. 14. Minnesota Statutes 2006, section 256B.69,
subdivision 6, is amended to read:
Subd. 6. Service
delivery. (a) Each demonstration
provider shall be responsible for the health care coordination for eligible
individuals. Demonstration providers:
(1) shall authorize and
arrange for the provision of all needed health services including but not
limited to the full range of services listed in sections 256B.02, subdivision
8, and 256B.0625 in order to ensure appropriate health care is delivered to
enrollees. Notwithstanding section
256B.0621, demonstration providers that provide nursing home and
community-based services under this section shall provide relocation service
coordination to enrolled persons age 65 and over;
(2) shall accept the
prospective, per capita payment from the commissioner in return for the
provision of comprehensive and coordinated health care services for eligible
individuals enrolled in the program;
(3) may contract with other
health care and social service practitioners to provide services to enrollees;
and
(4) shall institute
recipient grievance procedures according to the method established by the
project, utilizing applicable requirements of chapter 62D. Disputes not resolved through this process
shall be appealable to the commissioner as provided in subdivision 11.
(b) Demonstration providers
must comply with the standards for claims settlement under section 72A.201,
subdivisions 4, 5, 7, and 8, when contracting with other health care and social
service practitioners to provide services to enrollees. A demonstration provider must pay a clean
claim, as defined in Code of Federal Regulations, title 42, section 447.45(b),
within 30 business days of the date of acceptance of the claim.
Sec. 15. Minnesota Statutes 2006, section 256D.44,
subdivision 2, is amended to read:
Subd. 2. Standard
of assistance for persons eligible for medical assistance waivers or at risk of
placement in a group residential housing facility. The state standard of assistance for a
person who: (1) is eligible for
a medical assistance home and community-based services waiver or a person
who; (2) has been determined by the local agency to meet the plan
requirements for placement in a group residential housing facility under
section 256I.04, subdivision 1a,; or (3) is eligible for a shelter
needy payment under subdivision 5, paragraph (f), is the standard
established in subdivision 3, paragraph (a) or (b).
EFFECTIVE DATE. This section is effective January 1, 2009.
Sec. 16. Minnesota Statutes 2006, section 256D.44,
subdivision 5, is amended to read:
Subd. 5. Special
needs. In addition to the state
standards of assistance established in subdivisions 1 to 4, payments are
allowed for the following special needs of recipients of Minnesota supplemental
aid who are not residents of a nursing home, a regional treatment center, or a
group residential housing facility.
(a) The county agency shall
pay a monthly allowance for medically prescribed diets if the cost of those
additional dietary needs cannot be met through some other maintenance
benefit. The need for special diets or
dietary items must be prescribed by a licensed physician. Costs for special diets shall be determined
as percentages of the allotment for a one-person household under the thrifty
food plan as defined by the United States Department of Agriculture. The types of diets and the percentages of
the thrifty food plan that are covered are as follows:
(1) high protein diet, at
least 80 grams daily, 25 percent of thrifty food plan;
(2) controlled protein diet,
40 to 60 grams and requires special products, 100 percent of thrifty food plan;
(3) controlled protein diet,
less than 40 grams and requires special products, 125 percent of thrifty food
plan;
(4) low cholesterol diet, 25
percent of thrifty food plan;
(5) high residue diet, 20
percent of thrifty food plan;
(6) pregnancy and lactation
diet, 35 percent of thrifty food plan;
(7) gluten-free diet, 25
percent of thrifty food plan;
(8) lactose-free diet, 25
percent of thrifty food plan;
(9) antidumping diet, 15
percent of thrifty food plan;
(10) hypoglycemic diet, 15
percent of thrifty food plan; or
(11) ketogenic diet, 25
percent of thrifty food plan.
(b) Payment for nonrecurring
special needs must be allowed for necessary home repairs or necessary repairs
or replacement of household furniture and appliances using the payment standard
of the AFDC program in effect on July 16, 1996, for these expenses, as long as
other funding sources are not available.
(c) A fee for guardian or
conservator service is allowed at a reasonable rate negotiated by the county or
approved by the court. This rate shall
not exceed five percent of the assistance unit's gross monthly income up to a
maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is
allowed.
(d) The county agency shall
continue to pay a monthly allowance of $68 for restaurant meals for a person
who was receiving a restaurant meal allowance on June 1, 1990, and who eats two
or more meals in a restaurant daily.
The allowance must continue until the person has not received Minnesota
supplemental aid for one full calendar month or until the person's living
arrangement changes and the person no longer meets the criteria for the
restaurant meal allowance, whichever occurs first.
(e) A fee of ten percent of
the recipient's gross income or $25, whichever is less, is allowed for
representative payee services provided by an agency that meets the requirements
under SSI regulations to charge a fee for representative payee services. This special need is available to all
recipients of Minnesota supplemental aid regardless of their living
arrangement.
(f) (1) Notwithstanding
the language in this subdivision, an amount equal to the maximum allotment
authorized by the federal Food Stamp Program for a single individual which is
in effect on the first day of January July of the previous
each year will be added to the standards of assistance established in
subdivisions 1 to 4 for individuals adults under the age of 65
who qualify as shelter needy and are: (i) relocating from an institution, or an adult mental health
residential treatment program under section 256B.0622, and who are shelter
needy; (ii) eligible for the self-directed supports option as defined
under section 256B.0657, subdivision 2; or (iii) home and community-based
waiver recipients living in their own home or rented or leased apartment which
is not owned, operated, or controlled by a provider of service not related by
blood or marriage.
(2) Notwithstanding
subdivision 3, paragraph (c), an individual eligible for the shelter needy
benefit under this paragraph is considered a household of one. An eligible individual who receives this benefit
prior to age 65 may continue to receive the benefit after the age of 65.
(3) "Shelter needy"
means that the assistance unit incurs monthly shelter costs that exceed 40
percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this
section is the applicant's or recipient's income as defined in section 256D.35,
subdivision 10, or the standard specified in subdivision 3, paragraph (a) or
(b), whichever is greater. A
recipient of a federal or state housing subsidy, that limits shelter costs to a
percentage of gross income, shall not be considered shelter needy for purposes
of this paragraph.
EFFECTIVE DATE. This section is effective January 1, 2009.
Sec. 17. Laws 2007, chapter 147, article 7, section
71, is amended to read:
Sec. 71. PROVIDER
RATE INCREASES.
(a) The commissioner of
human services shall increase allocations, reimbursement rates, or rate limits,
as applicable, by 2.0 percent beginning October 1, 2007, and by 2.0 percent
beginning July October 1, 2008, effective for services rendered
on or after those dates. County
contracts for services specified in this section must be amended to pass
through these rate adjustments within 60 days of the effective date of the
increase and must be retroactive from the effective date of the rate
adjustment.
(b) The annual rate
increases described in this section must be provided to:
(1) home and community-based
waivered services for persons with developmental disabilities or related
conditions, including consumer-directed community supports, under Minnesota
Statutes, section 256B.501;
(2) home and community-based
waivered services for the elderly, including consumer-directed community
supports, under Minnesota Statutes, section 256B.0915;
(3) waivered services under
community alternatives for disabled individuals, including consumer-directed community
supports, under Minnesota Statutes, section 256B.49;
(4) community alternative
care waivered services, including consumer-directed community supports, under
Minnesota Statutes, section 256B.49;
(5) traumatic brain injury
waivered services, including consumer-directed community supports, under
Minnesota Statutes, section 256B.49;
(6) nursing services and
home health services under Minnesota Statutes, section 256B.0625, subdivision
6a;
(7) personal care services
and qualified professional supervision of personal care services under
Minnesota Statutes, section 256B.0625, subdivision 19a;
(8) private duty nursing
services under Minnesota Statutes, section 256B.0625, subdivision 7;
(9) day training and
habilitation services for adults with developmental disabilities or related
conditions under Minnesota Statutes, sections 252.40 to 252.46, including the
additional cost of rate adjustments on day training and habilitation services,
provided as a social service under Minnesota Statutes, section 256M.60;
(10) alternative care
services under Minnesota Statutes, section 256B.0913;
(11) adult residential
program grants under Minnesota Statutes, section 245.73;
(12) children's
community-based mental health services grants and adult community support and
case management services grants under Minnesota Rules, parts 9535.1700 to
9535.1760;
(13) the group residential
housing supplementary service rate under Minnesota Statutes, section 256I.05,
subdivision 1a;
(14) adult mental health
integrated fund grants under Minnesota Statutes, section 245.4661;
(15) semi-independent living
services (SILS) under Minnesota Statutes, section 252.275, including SILS
funding under county social services grants formerly funded under Minnesota
Statutes, chapter 256I;
(16) 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 under
Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing
grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985,
chapter 9, article 1; and Laws 1997, First Special Session chapter 5, section
20;
(17) living skills training
programs for persons with intractable epilepsy who need assistance in the
transition to independent living under Laws 1988, chapter 689;
(18) physical therapy
services under sections 256B.0625, subdivision 8, and 256D.03, subdivision 4;
(19) occupational therapy
services under sections 256B.0625, subdivision 8a, and 256D.03, subdivision 4;
(20) speech-language therapy
services under section 256D.03, subdivision 4, and Minnesota Rules, part
9505.0390;
(21) respiratory therapy
services under section 256D.03, subdivision 4, and Minnesota Rules, part
9505.0295;
(22) adult rehabilitative
mental health services under section 256B.0623;
(23) children's therapeutic
services and support services under section 256B.0943;
(24) tier I chemical health
services under Minnesota Statutes, chapter 254B;
(25) consumer support grants
under Minnesota Statutes, section 256.476;
(26) family support grants
under Minnesota Statutes, section 252.32;
(27) grants for case
management services to persons with HIV or AIDS under Minnesota Statutes,
section 256.01, subdivision 19; and
(28) aging grants under
Minnesota Statutes, sections 256.975 to 256.977, 256B.0917, and 256B.0928.
(c) For services funded
through Minnesota disability health options, the rate increases under this
section apply to all medical assistance payments, including former group
residential housing supplementary rates under Minnesota Statutes, chapter 256I.
(d) The commissioner may
recoup payments made under this section from a provider that does not comply
with paragraphs (f) and (g).
(e) A managed care plan receiving
state payments for the services in this section must include these increases in
their payments to providers on a prospective basis, effective on January 1
following the effective date of the rate increase.
(f) Providers that receive a
rate increase under this section shall use 75 percent of the additional revenue
to increase compensation-related costs for employees directly employed by the
program on or after the effective date of the rate adjustments, except:
(1) the administrator;
(2) persons employed in the
central office of a corporation or entity that has an ownership interest in the
provider or exercises control over the provider; and
(3) persons paid by the
provider under a management contract.
Compensation-related costs
include: wages and salaries; FICA
taxes, Medicare taxes, state and federal unemployment taxes, and workers'
compensation; and the employer's share of health and dental insurance, life
insurance, disability insurance, long-term care insurance, uniform allowance,
and pensions.
(g) Two-thirds of the money
available under paragraph (f) must be used for wage increases for all employees
directly employed by the provider on or after the effective date of the rate
adjustments, except those listed in paragraph (f), clauses (1) to (3). The wage adjustment that employees receive
under this paragraph must be paid as an equal hourly percentage wage increase
for all eligible employees. All wage
increases under this paragraph must be effective on the same date. This paragraph shall not apply to employees
covered by a collective bargaining agreement.
(h) For public employees,
the increase for wages and benefits for certain staff is available and pay
rates must be increased only to the extent that they comply with laws governing
public employees collective bargaining.
Money received by a provider for pay increases under this section may be
used only for increases implemented on or after the first day of the rate
period in which the increase is available and must not be used for increases
implemented prior to that date.
(i) The commissioner shall
amend state grant contracts that include direct personnel-related grant
expenditures to include the allocation for the portion of the contract that is
employee compensation related. Grant
contracts for compensation-related services must be amended to pass through
these adjustments within 60 days of the effective date of the increase and must
be retroactive to the effective date of the rate adjustment.
(j) The Board on Aging and
its Area Agencies on Aging shall amend their grants that include direct
personnel-related grant expenditures to include the rate adjustment for the
portion of the grant that is employee compensation related. Grants for compensation-related services
must be amended to pass through these adjustments within 60 days of the
effective date of the increase and must be retroactive to the effective date of
the rate adjustment.
(k) The calendar year 2008
rate for vendors reimbursed under Minnesota Statutes, chapter 254B, shall be at
least 2.0 percent above the rate in effect on January 1, 2007. The calendar year 2009 rate shall be at
least 2.0 percent above the rate in effect on January 1, 2008.
(l) Providers that receive a
rate adjustment under paragraph (a) that is subject to paragraphs (f) and (g)
shall provide to the commissioner, and those counties with whom they have a
contract, within six months after the effective date of each rate adjustment, a
letter, in a format specified by the commissioner, that provides assurances
that the provider has developed and implemented a compensation plan and
complied with paragraphs (f) and (g).
The provider shall keep on file, and produce for the commissioner or
county upon request, its plan, which must specify:
(1) an estimate of the
amounts of money that must be used as specified in paragraphs (f) and (g); and
(2) a detailed distribution
plan specifying the allowable compensation-related and wage increases the
provider will implement to use the funds available in clause (1).
(m) Within six months after
the effective date of each rate adjustment, the provider shall post this plan,
excluding the information required in paragraph (l), clause (1), for a period
of at least six weeks in an area of the provider's operation to which all
eligible employees have access and provide instructions for employees who
believe they have not received the wage and other compensation-related
increases specified in paragraph (l), clause (2). Instructions must include a mailing address, e-mail address, and
the telephone number that may be used by the employee to contact the
commissioner or the commissioner's representative. Providers shall also make assurances to the commissioner and
counties with whom they have a contract that they have complied with the
requirement in this paragraph.
Sec. 18. MORATORIUM
EXCEPTION PROPOSAL; WAIVER.
The commissioner of health
may waive the six-mile limit in Minnesota Statutes, section 144A.073,
subdivision 5, paragraph (e), when considering a moratorium exception proposal
submitted under Minnesota Statutes, section 144A.073, to allow a nursing
facility providing specialty care in Minneapolis to close and relocate beds to
a new facility in Robbinsdale under common ownership.
ARTICLE 16
CHILDREN AND FAMILY SERVICES
Section 1. Minnesota Statutes 2007 Supplement, section
256.741, subdivision 1, is amended to read:
Subdivision 1. Public
assistance Definitions.
(a) The term "direct support" as used in this chapter and
chapters 257, 518, 518A, and 518C refers to an assigned support payment from an
obligor which is paid directly to a recipient of TANF or MFIP public
assistance.
(b) The term "public
assistance" as used in this chapter and chapters 257, 518, 518A, and 518C,
includes any form of assistance provided under the AFDC program formerly
codified in sections 256.72 to 256.87, MFIP and MFIP-R formerly codified under
chapter 256, MFIP under chapter 256J, work first program formerly codified under
chapter 256K; child care assistance provided through the child care fund under
chapter 119B; any form of medical assistance under chapter 256B; MinnesotaCare
under chapter 256L; and foster care as provided under title IV-E of the Social
Security Act.
(c) The term "child
support agency" as used in this section refers to the public authority
responsible for child support enforcement.
(d) The term "public
assistance agency" as used in this section refers to a public authority
providing public assistance to an individual.
(e) The terms "child
support" and "arrears" as used in this section have the meanings
provided in section 518A.26.
(f) The term
"maintenance" as used in this section has the meaning provided in
section 518.003.
Sec. 2. Minnesota Statutes 2006, section 256.741,
subdivision 2, is amended to read:
Subd. 2. Assignment
of support and maintenance rights.
(a) An individual receiving public assistance in the form of assistance
under any of the following programs:
the AFDC program formerly codified in sections 256.72 to 256.87, MFIP
under chapter 256J, MFIP-R and MFIP formerly codified under chapter 256, or
work first program formerly codified under chapter 256K is considered to
have assigned to the state at the time of application all rights to child
support and maintenance from any other person the applicant or recipient may
have in the individual's own behalf or in the behalf of any other family member
for whom application for public assistance is made. An assistance unit is ineligible for the Minnesota family investment
program unless the caregiver assigns all rights to child support and spousal
maintenance benefits according to this section.
(1) An The assignment
made according to this section is effective as to:
(i) any current child support
and current spousal maintenance; and.
(ii) any accrued child
support and spousal maintenance arrears.
(2) An assignment made after
September 30, 1997, is effective as to:
(i) any current child
support and current spousal maintenance;
(ii) any accrued child
support and spousal maintenance arrears collected before October 1, 2000, or
the date the individual terminates assistance, whichever is later; and
(iii) any accrued child
support and spousal maintenance arrears collected under federal tax intercept.
(2) Any child support or
maintenance arrears that accrue while an individual is receiving public
assistance in the form of assistance under any of the programs listed in this
paragraph are permanently assigned to the state.
(3) The assignment of
current child support and current maintenance ends on the date the individual
ceases to receive or is no longer eligible to receive public assistance under
any of the programs listed in this paragraph.
(b) An individual receiving
public assistance in the form of medical assistance, including MinnesotaCare,
is considered to have assigned to the state at the time of application all
rights to medical support from any other person the individual may have in the
individual's own behalf or in the behalf of any other family member for whom
medical assistance is provided.
(1) An assignment made after
September 30, 1997, is effective as to any medical support accruing after the
date of medical assistance or MinnesotaCare eligibility.
(2) Any medical support
arrears that accrue while an individual is receiving public assistance in the
form of medical assistance, including MinnesotaCare, are permanently assigned
to the state.
(3) The assignment of
current medical support ends on the date the individual ceases to receive or is
no longer eligible to receive public assistance in the form of medical
assistance or MinnesotaCare.
(c) An individual receiving
public assistance in the form of child care assistance under the child care
fund pursuant to chapter 119B is considered to have assigned to the state at
the time of application all rights to child care support from any other person
the individual may have in the individual's own behalf or in the behalf of any
other family member for whom child care assistance is provided.
An (1) The assignment made
according to this paragraph is effective as to:
(1) any current child care
support and any child care support arrears assigned and accruing after July
1, 1997, that are collected before October 1, 2000; and.
(2) any accrued child
care support arrears collected under federal tax intercept. Any child
care support arrears that accrue while an individual is receiving public
assistance in the form of child care assistance under the child care fund in
chapter 119B are permanently assigned to the state.
(3) The assignment of
current child care support ends on the date the individual ceases to receive or
is no longer eligible to receive public assistance in the form of child care
assistance under the child care fund under chapter 119B.
Sec. 3. Minnesota Statutes 2006, section 256.741,
subdivision 2a, is amended to read:
Subd. 2a. Families-first
Distribution of child support arrearages. (a) The state shall distribute current child support and
maintenance received by the state to an individual who assigns the right to
that support under subdivision 2, paragraph (a).
(b) When the public authority
collects child support arrearages on behalf of an individual who is
receiving public assistance provided under MFIP or MFIP-R under this
chapter, MFIP under chapter 256J, or work first under chapter 256K, and the
public authority has the option of applying the collection to arrears
permanently assigned to the state or to arrears temporarily assigned to the
state, the public authority shall first apply the collection to satisfy
those arrears that are permanently assigned to the state.
(c) When the public
authority collects child support arrearages on behalf of an individual who is
not receiving public assistance, the public authority shall first apply the
collection to satisfy those arrears that are not permanently assigned to the
state.
(d) When the public
authority collects child support arrearages certified under the federal tax
offset, the public authority shall first apply the collection to satisfy those
arrears that are permanently assigned to the state.
Sec. 4. Minnesota Statutes 2006, section 256.741,
subdivision 3, is amended to read:
Subd.
3. Existing
assignments. Assignments based on
the receipt of public assistance in existence prior to July 1, 1997, are permanently
assigned to the state. Arrears that
accrued prior to the receipt of assistance that were assigned to the state
between July 1, 1997, and October 1, 2009, must no longer be assigned as of
October 1, 2009.
EFFECTIVE DATE. This section is effective October 1, 2009.
Sec. 5. Minnesota Statutes 2007 Supplement, section
256J.621, is amended to read:
256J.621 WORK PARTICIPATION BONUS CASH BENEFITS.
(a) Effective October 1,
2009, upon exiting the diversionary work program (DWP) or upon terminating MFIP
cash assistance the Minnesota family investment program with
earnings, a participant who is employed may be eligible for transitional
assistance work participation cash benefits of $75 per month to
assist in meeting the family's basic needs as the participant continues to move
toward self-sufficiency.
(b) To be eligible for a
transitional assistance payment work participation cash benefits,
the participant shall not receive MFIP cash assistance or diversionary
work program assistance during the month and the participant or participants
must meet the following work requirements:
(1) if the participant is a
single caregiver and has a child under six years of age, the participant must
be employed at least 87 hours per month;
(2) if the participant is a
single caregiver and does not have a child under six years of age, the
participant must be employed at least 130 hours per month; or
(3) if the household is a
two-parent family, at least one of the parents must be employed an average of
at least 130 hours per month.
Whenever a participant exits
the diversionary work program or is terminated from MFIP cash assistance
and meets the other criteria in this section, transitional assistance is
work participation cash benefits are available for up to 24 consecutive
months.
(c) Expenditures on the
program are maintenance of effort state funds for participants under paragraph
(b), clauses (1) and (2). Expenditures
for participants under paragraph (b), clause (3), are nonmaintenance of effort
funds. Months in which a participant
receives transitional assistance work participation cash benefits under
this section do not count toward the participant's MFIP 60-month time limit.
Sec. 6. Minnesota Statutes 2006, section 518A.50, is
amended to read:
518A.50 PAYMENT TO PUBLIC AGENCY.
(a) This section applies to
all proceedings involving a support order, including, but not limited to, a
support order establishing an order for past support or reimbursement of public
assistance.
(b) The court shall direct
that all payments ordered for maintenance or support be made to the public
authority responsible for child support enforcement so long as the obligee is
receiving or has applied for public assistance, or has applied for child
support or maintenance collection services.
Public authorities responsible for child support enforcement may act on
behalf of other public authorities responsible for child support enforcement,
including the authority to represent the legal interests of or execute
documents on behalf of the other public authority in connection with the
establishment, enforcement, and collection of child support, maintenance, or
medical support, and collection on judgments.
(c) Payments made to the
public authority other than payments under section 518A.53 must be
credited as of the date the payment is received by the central collections unit.,
except that payments made under section 518A.53 may be considered to have been
paid as of the date the obligor received the remainder of the income.
(d) Monthly amounts received
by the public agency responsible for child support enforcement from the obligor
that are greater than the monthly amount of public assistance granted to the
obligee must be remitted to the obligee.
EFFECTIVE DATE. This section is effective October 1, 2009.
Sec. 7. Minnesota Statutes 2006, section 518A.53,
subdivision 5, is amended to read:
Subd. 5. Payor
of funds responsibilities. (a) An
order for or notice of withholding is binding on a payor of funds upon
receipt. Withholding must begin no
later than the first pay period that occurs after 14 days following the date of
receipt of the order for or notice of withholding. In the case of a financial institution, preauthorized transfers
must occur in accordance with a court-ordered payment schedule.
(b) A payor of funds shall
withhold from the income payable to the obligor the amount specified in the
order or notice of withholding and amounts specified under subdivisions 6 and 9
and shall remit the amounts withheld to the public authority within seven
business days of the date the obligor is paid the remainder of the income. The payor of funds shall include with the
remittance the Social Security number of the obligor, the case type indicator
as provided by the public authority and the date the obligor is paid the
remainder of the income. The obligor
is considered to have paid the amount withheld as of the date the obligor
received the remainder of the income. A
payor of funds may combine all amounts withheld from one pay period into one
payment to each public authority, but shall separately identify each obligor
making payment.
(c) A payor of funds shall
not discharge, or refuse to hire, or otherwise discipline an employee as a
result of wage or salary withholding authorized by this section. A payor of funds shall be liable to the
obligee for any amounts required to be withheld. A payor of funds that fails to withhold or transfer funds in
accordance with this section is also liable to the obligee for interest on the
funds at the rate applicable to judgments under section 549.09, computed from
the date the funds were required to be withheld or transferred. A payor of funds is liable for reasonable
attorney fees of the obligee or public authority incurred in enforcing the
liability under this paragraph. A payor
of funds that has failed to comply with the requirements of this section is
subject to contempt sanctions under section 518A.73. If the payor of funds is an employer or independent contractor
and violates this subdivision, a court may award the obligor twice the wages lost
as a result of this violation. If a
court finds a payor of funds violated this subdivision, the court shall impose
a civil fine of not less than $500. The
liabilities in this paragraph apply to intentional noncompliance with this
section.
(d) If a single employee is
subject to multiple withholding orders or multiple notices of withholding for
the support of more than one child, the payor of funds shall comply with all of
the orders or notices to the extent that the total amount withheld from the obligor's
income does not exceed the limits imposed under the Consumer Credit Protection
Act, United States Code, title 15, section 1673(b), giving priority to amounts
designated in each order or notice as current support as follows:
(1) if the total of the amounts
designated in the orders for or notices of withholding as current support
exceeds the amount available for income withholding, the payor of funds shall
allocate to each order or notice an amount for current support equal to the
amount designated in that order or notice as current support, divided by the
total of the amounts designated in the orders or notices as current support,
multiplied by the amount of the income available for income withholding; and
(2) if the total of the
amounts designated in the orders for or notices of withholding as current
support does not exceed the amount available for income withholding, the payor
of funds shall pay the amounts designated as current support, and shall
allocate to each order or notice an amount for past due support, equal to the
amount designated in that order or notice as past due support, divided by the
total of the amounts designated in the orders or notices as past due support,
multiplied by the amount of income remaining available for income withholding
after the payment of current support.
(e) When an order for or
notice of withholding is in effect and the obligor's employment is terminated,
the obligor and the payor of funds shall notify the public authority of the
termination within ten days of the termination date. The termination notice shall include the obligor's home address
and the name and address of the obligor's new payor of funds, if known.
(f) A payor of funds may
deduct one dollar from the obligor's remaining salary for each payment made
pursuant to an order for or notice of withholding under this section to cover
the expenses of withholding.
EFFECTIVE DATE. This section is effective October 1, 2009.
Sec. 8. REPEALER.
Minnesota Statutes 2006,
section 256.741, subdivision 15, is repealed.
ARTICLE 17
HEALTH CARE
Section 1. [62U.10]
HEALTH CARE TRANSFER, SAVINGS, AND REPAYMENT.
Subdivision 1. Health Care Access Fund
Transfer. On June 30, 2009,
the commissioner of finance shall transfer $50,000,000 from the health care
access fund to the general fund.
Subd. 2. Projected spending
baseline. (a) By June 1,
2009, the commissioner of health shall calculate the annual projected total
private and public health care spending for residents of this state and
establish a health care spending baseline, beginning for calendar year 2008 and
for the next ten years based on the annual projected growth in spending.
(b) In establishing the
health care spending baseline, the commissioner shall use the Centers for
Medicare and Medicaid Services forecast for total growth in national health
care expenditures and adjust this forecast to reflect the demographics, health
status, and other factors deemed necessary by the commissioner. The commissioner shall contract with an
actuarial consultant to make recommendations for the adjustments needed to
specifically reflect projected spending for residents of this state.
(c) The commissioner may
adjust the projected baseline as necessary to reflect any updated federal
projections or account for unanticipated changes in federal policy.
(d) Medicare and long-term
care spending must not be included in the calculations required under this
section.
Subd. 3. Actual spending and
savings determination. By
June 1, 2010, and each June 1 thereafter until June 1, 2020, the
commissioner of health shall determine the actual total private and public
health care spending for residents of this state for the calendar year two
years before the current calendar year, based on data collected under chapter
62J, and shall determine the difference between the projected spending, as
determined under subdivision 2, and the actual spending for that year. The actual spending must be certified by an
independent actuarial consultant. If
the actual spending is less than the projected spending, the commissioner shall
determine, based on the proportion of spending for state-administered health
care programs to total private and public health care spending for the calendar
year two years before the current calendar year, the percentage of the
calculated aggregate savings amount accruing to state-administered health care
programs.
Subd. 4. Repayment of transfer. When accumulated savings accruing to
state-administered health care programs, as calculated under subdivision 3,
meet or exceed $50,000,000, the commissioner of health shall certify that event
to the commissioner of finance. In the
next fiscal year following the certification, the commissioner of finance shall
transfer $50,000,000 from the general fund to the health care access fund. The amount necessary to make the transfer is
appropriated from the general fund to the commissioner of finance.
Subd. 5. Definitions. (a) For purposes of this section, the
following definitions apply.
(b) "Public health care
spending" means spending for a state-administered health care program.
(c) "State-administered
health care program" means medical assistance, MinnesotaCare, general
assistance medical care, and the state employee group insurance program.
Sec. 2. [144.058]
INTERPRETER SERVICES QUALITY INITIATIVE.
(a) The commissioner of
health shall establish a voluntary statewide roster, and develop a plan for a
registry and certification process for interpreters who provide high quality,
spoken language health care interpreter services. The roster, registry, and certification process shall be based on
the findings and recommendations set forth by the Interpreter Services Work
Group required under Laws 2007, chapter 147, article 12, section 13.
(b) By January 1, 2009, the
commissioner shall establish a roster of all available interpreters to address
access concerns, particularly in rural areas.
(c) By January 15, 2010, the
commissioner shall:
(1) develop a plan for a
registry of spoken language health care interpreters, including:
(i) development of standards
for registration that set forth educational requirements, training
requirements, demonstration of language proficiency and interpreting skills,
agreement to abide by a code of ethics, and a criminal background check;
(ii) recommendations for
appropriate alternate requirements in languages for which testing and training
programs do not exist;
(iii) recommendations for
appropriate fees; and
(iv) recommendations for
establishing and maintaining the standards for inclusion in the registry; and
(2) develop a plan for
implementing a certification process based on national testing and
certification processes for spoken language interpreters 12 months after the
establishment of a national certification process.
(d) The commissioner shall
consult with the Interpreter Stakeholder Group of the Upper Midwest Translators
and Interpreters Association for advice on the standards required to plan for
the development of a registry and certification process.
(e) The commissioner shall
charge an annual fee of $50 to include an interpreter in the roster. Fee revenue shall be deposited in the state
government special revenue fund.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2007 Supplement, section
144E.45, subdivision 2, is amended to read:
Subd. 2. Potential
allocations. (a) On November 1,
annually, the board or the board's designee under section 144E.40, subdivision
2, shall determine the amount of the allocation of the prior year's
accumulation to each qualified ambulance service person. The prior year's net investment gain or loss
under paragraph (b) must be allocated and that year's general fund
appropriation, plus any transfer from the Cooper/Sams volunteer ambulance account
under section 144E.42, subdivision 2, and after deduction of administrative
expenses, also must be allocated.
(b) The difference in the
market value of the assets of the Cooper/Sams volunteer ambulance trust account
as of the immediately previous June 30 and the June 30 occurring 12 months
earlier must be reported on or before August 15 by the State Board of
Investment. The market value gain or
loss must be expressed as a percentage of the total potential award
accumulations as of the immediately previous June 30, and that positive or
negative percentage must be applied to increase or decrease the recorded
potential award accumulation of each qualified ambulance service person.
(c) The appropriation for
this purpose, after deduction of administrative expenses, must be divided by
the total number of additional ambulance service personnel years of service
recognized since the last allocation or 1,000 years of service, whichever is
greater. If the allocation is based on
the 1,000 years of service, any allocation not made for a qualified ambulance
service person must be credited to the Cooper/Sams volunteer ambulance account
under section 144E.42, subdivision 2. A
qualified ambulance service person must be credited with a year of service if
the person is certified by the chief administrative officer of the ambulance
service as having rendered active ambulance service during the 12 months ending
as of the immediately previous June 30.
If the person has rendered prior active ambulance service, the person must
be additionally credited with one-fifth of a year of service for each year of
active ambulance service rendered before June 30, 1993, but not to exceed in
any year one additional year of service or to exceed in total five years of
prior service. Prior active ambulance
service means employment by or the provision of service to a licensed ambulance
service before June 30, 1993, as determined by the person's current ambulance
service based on records provided by the person that were contemporaneous to the
service. The prior ambulance service
must be reported on or before August 1 to the board in an affidavit from the
chief administrative officer of the ambulance service.
(d) Effective July 1, 2008,
notwithstanding paragraphs (a) to (c), the value of each service credit shall
be $447.19.
Sec. 4. Minnesota Statutes 2006, section 145.9255,
subdivision 1, is amended to read:
Subdivision 1. Establishment. To the extent funds are available for the
purposes of this subdivision, the commissioner of health, in consultation
with a representative from Minnesota planning, the commissioner of human
services, and the commissioner of education, shall develop and implement the
Minnesota education now and babies later (MN ENABL) program, targeted to
adolescents ages 12 to 14, with the goal of reducing the incidence of
adolescent pregnancy in the state and promoting abstinence until marriage. The program must provide a multifaceted,
primary prevention, community health promotion approach to educating and
supporting adolescents in the decision to postpone sexual involvement modeled
after the ENABL program in California.
The commissioner of health shall consult with the chief of the health
education section of the California Department of Health Services for general
guidance in developing and implementing the program.
Sec. 5. Minnesota Statutes 2006, section 256.969,
subdivision 2b, is amended to read:
Subd. 2b. Operating
payment rates. In determining
operating payment rates for admissions occurring on or after the rate year
beginning January 1, 1991, and every two years after, or more frequently as
determined by the commissioner, the commissioner shall obtain operating data
from an updated base year and establish operating payment rates per admission
for each hospital based on the cost-finding methods and allowable costs of the
Medicare program in effect during the base year. Rates under the general assistance medical care, medical
assistance, and MinnesotaCare programs shall not be rebased to more current
data on January 1, 1997, and January 1, 2005, and for the first 24
months of the rebased period beginning January 1, 2009. The base year operating payment rate per
admission is standardized by the case mix index and adjusted by the hospital
cost index, relative values, and disproportionate population adjustment. The cost and charge data used to establish
operating rates shall only reflect inpatient services covered by medical
assistance and shall not include property cost information and costs recognized
in outlier payments.
Sec. 6. Minnesota Statutes 2006, 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), 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 6.0 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. Notwithstanding section 256.9686,
subdivision 7, for purposes of this paragraph, medical assistance does not
include general assistance medical care.
Payments made to managed care plans shall be reduced for services
provided on or after January 1, 2006, to reflect this reduction.
(e) In addition to the
reductions in paragraphs (b), (c), and (d), the total payment for
fee-for-service admissions occurring on or after July 1, 2008, through June 30,
2009, made to hospitals for inpatient services before third-party liability and
spenddown, is reduced 3.46 percent from the current statutory rates. Mental health services with diagnosis
related groups 424 to 432 and facilities defined under subdivision 16 are
excluded from this paragraph. Payments
made to managed care plans shall be reduced for services provided on or after
January 1, 2009, through June 30, 2009, to reflect this reduction.
(f) In addition to the
reductions in paragraphs (b), (c), and (d), the total payment for
fee-for-service admissions occurring on or after July 1, 2009, through June 30,
2010, made to hospitals for inpatient services before third-party liability and
spenddown, is reduced 1.9 percent from the current statutory rates. Mental health services with diagnosis
related groups 424 to 432 and facilities defined under subdivision 16 are
excluded from this paragraph. Payments
made to managed care plans shall be reduced for services provided on or after
July 1, 2009, through June 30, 2010, to reflect this reduction.
(g) In addition to the
reductions in paragraphs (b), (c), and (d), the total payment for
fee-for-service admissions occurring on or after July 1, 2010, made to
hospitals for inpatient services before third-party liability and spenddown, is
reduced 1.79 percent from the current statutory rates. Mental health services with diagnosis
related groups 424 to 432 and facilities defined under subdivision 16 are
excluded from this paragraph. Payments
made to managed care plans shall be reduced for services provided on or after
July 1, 2010, to reflect this reduction.
Sec. 7. Minnesota Statutes 2006, section 256B.0571,
subdivision 8, is amended to read:
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
at the time coverage first became effective under the partnership policy;
and
(2) be a beneficiary of a
partnership policy that (i) is issued on or after the effective date of the
state plan amendment implementing the partnership program in Minnesota, or (ii)
qualifies as a partnership policy under the provisions of subdivision 8a;
and.
(3) have exhausted all of
the benefits under the partnership policy as described in this section. Benefits received under a long-term care
insurance policy before July 1, 2006, do not count toward the exhaustion of
benefits required in this subdivision.
Sec. 8. Minnesota Statutes 2006, section 256B.0571,
subdivision 9, is amended to read:
Subd. 9. Medical
assistance eligibility. (a) Upon
application for medical assistance program payment of long-term care services
by 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) to (i).
(b) After determining assets
subject to the asset limit under section 256B.056, subdivision 3 or 3c, or
256B.057, subdivision 9 or 10, the commissioner shall allow the individual to
designate assets to be protected from recovery under subdivisions 13 and 15 up
to the dollar amount of the benefits utilized under the partnership policy
as of the effective date of eligibility for medical assistance program payment
of long-term care services. Benefits
utilized under a long-term care insurance policy before July 1, 2006, do not
count for the purpose of determining the amount of assets that can be
designated. Designated assets shall
be disregarded for purposes of determining eligibility for payment of long-term
care services. The dollar amount of
benefits utilized must be equal to the amount of claims paid by the issuer
under the policy as verified by the issuer.
(c) The individual shall
identify the designated assets and the full fair market value of those assets
and designate them as assets to be protected at the time of initial
application for medical assistance payment of long-term care services. The full fair market value of real property
or interests in real property shall be based on the most recent full assessed
value for property tax purposes for the real property, unless the individual
provides a complete professional appraisal by a licensed appraiser to establish
the full fair market value. The extent
of a life estate in real property shall be determined using the life estate
table in the health care program's manual.
Ownership of any asset in joint tenancy shall be treated as ownership as
tenants in common for purposes of its designation as a disregarded asset. The unprotected value of any protected asset
is subject to estate recovery according to subdivisions 13 and 15.
(d) The right to designate
assets to be protected is personal to the individual and ends when the
individual dies, except as otherwise provided in subdivisions 13 and 15. It does not include the increase in the
value of the protected asset and the income, dividends, or profits from the
asset. It may be exercised by the
individual or by anyone with the legal authority to do so on the individual's
behalf. It shall not be sold, assigned,
transferred, or given away.
(e) If the dollar amount
of the benefits utilized under a partnership policy is greater than the full
fair market value of all assets protected at the time of the application for
medical assistance long-term care services, As the individual continues
to utilize benefits under a partnership policy after eligibility for medical
assistance payment of long-term care services begins, the individual may
designate, for additional protection, an increase in the value of protected
assets and additional assets that become available during the individual's
lifetime for protection under this section up to the amount of
additional benefits utilized. The
individual must make the designation in writing to the county agency no later
than the last date on which the individual must report a change in
circumstances to the county agency, as provided for under the medical
assistance program. Any excess used
for this purpose shall not be available to the individual's estate to protect
assets in the estate from recovery under section 256B.15 or 524.3-1202, or
otherwise. The amount used for this purpose must reduce the unused
amount of asset protection available to protect assets in the individual's
estate from recovery under section 256B.15 or 524.3-1202, or otherwise.
(f) This section applies
only to estate recovery under United States Code, title 42, section 1396p,
subsections (a) and (b), and does not apply to recovery authorized by other
provisions of federal law, including, but not limited to, recovery from trusts
under United States Code, title 42, section 1396p, subsection (d)(4)(A) and
(C), or to recovery from annuities, or similar legal instruments, subject to
section 6012, subsections (a) and (b), of the Deficit Reduction Act of 2005,
Public Law 109-171.
(g) An individual's
protected assets owned by the individual's spouse who applies for payment of
medical assistance long-term care services shall not be protected assets or
disregarded for purposes of eligibility of the individual's spouse solely
because they were protected assets of the individual.
(h) Assets designated under
this subdivision shall not be subject to penalty under section 256B.0595.
(i) The commissioner shall
otherwise determine the individual's eligibility for payment of long-term care
services according to medical assistance eligibility requirements.
Sec. 9. Minnesota Statutes 2006, 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. Effective July 1, 2008, the
actual acquisition cost of a drug shall be estimated by the commissioner, at
average wholesale price minus 12 14 percent. The actual acquisition cost of
antihemophilic factor drugs shall be estimated at the average wholesale price
minus 30 percent. 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 or the amount established for Medicare by the United States Department
of Health and Human Services pursuant to title XVIII, section 1847a of the
federal Social Security Act.
(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 these 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 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. In consulting with the
formulary committee in developing this list, the commissioner shall take into
consideration the population served by specialty pharmacy products, the current
delivery system and standard of care in the state, and access to care
issues. The commissioner shall have the
discretion to adjust the reimbursement rate to prevent access to care issues.
EFFECTIVE DATE. This section is effective July 1, 2008.
Sec. 10. Minnesota Statutes 2007 Supplement, section
256B.0631, subdivision 1, is amended to read:
Subdivision 1. Co-payments. (a) Except as provided in subdivision 2, the
medical assistance benefit plan shall include the following co-payments for all
recipients, effective for services provided on or after October 1, 2003, and
before January 1, 2009:
(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) $3 for eyeglasses;
(3) $6 for nonemergency
visits to a hospital-based emergency room; and
(4) $3 per brand-name drug
prescription and $1 per generic drug prescription, subject to a $12 per month
maximum for prescription drug co-payments.
No co-payments shall apply to antipsychotic drugs when used for the
treatment of mental illness.
(b) Except as provided in
subdivision 2, the medical assistance benefit plan shall include the following
co-payments for all recipients, effective for services provided on or after
January 1, 2009:
(1) $6 for nonemergency
visits to a hospital-based emergency room; and
(2) $3 per brand-name drug
prescription and $1 per generic drug prescription, subject to a $7 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
(3) for individuals
identified by the commissioner with income at or below 100 percent of the
federal poverty guidelines, total monthly co-payments must not exceed five
percent of family income. For purposes
of this paragraph, family income is the total earned and unearned income of the
individual and the individual's spouse, if the spouse is enrolled in medical
assistance and also subject to the five percent limit on co-payments.
(c) Recipients of medical
assistance are responsible for all co-payments in this subdivision.
Sec. 11. Minnesota Statutes 2007 Supplement, section
256B.0631, subdivision 3, is amended to read:
Subd. 3. Collection. (a) The medical assistance reimbursement to
the provider shall be reduced by the amount of the co-payment, except that reimbursement
for prescription drugs reimbursements shall not be reduced:
(1) once a recipient has
reached the $12 per month maximum or the $7 per month maximum effective January
1, 2009, for prescription drug co-payments; or
(2) for a recipient
identified by the commissioner under 100 percent of the federal poverty
guidelines who has met their monthly five percent co-payment limit.
(b) The provider collects
the co-payment from the recipient.
Providers may not deny services to recipients who are unable to pay the
co-payment.
(c) Medical assistance
reimbursement to fee-for-service providers and payments to managed care plans
shall not be increased as a result of the removal of the co-payments effective
January 1, 2009.
Sec. 12. [256B.194]
FEDERAL PAYMENTS.
The commissioner may require
medical assistance and MinnesotaCare providers to provide any information
necessary to determine Medicaid-related costs, and require the cooperation of
providers in any audit or review necessary to ensure payments are limited to
cost. This section does not apply to
providers who are exempt from the provisions of the CMS final rule, published
May 29, 2007, at Federal Register, Vol. 72, No. 100, governing payments to
providers that are units of government.
This section becomes effective when the CMS final rule goes into effect
at the end of the moratorium imposed by Congress.
Sec. 13. Minnesota Statutes 2006, section 256B.32,
subdivision 1, is amended to read:
Subdivision 1. Facility
fee for hospital emergency room and clinic visit. (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
reductions in paragraphs (b) and (c), the total payment for fee-for-service services
provided on or after July 1, 2008, made to hospitals for outpatient hospital
facility services before third-party liability and spenddown, is reduced three
percent from the current statutory rates.
Mental health services and facilities defined under section 256.969,
subdivision 16, are excluded from this paragraph.
Sec. 14. Minnesota Statutes 2006, section 256B.69,
subdivision 5a, is amended to read:
Subd. 5a. Managed
care contracts. (a) Managed care
contracts under this section and sections 256L.12 and 256D.03, shall be entered
into or renewed on a calendar year basis beginning January 1, 1996. Managed care contracts which were in effect
on June 30, 1995, and set to renew on July 1, 1995, shall be renewed for the
period July 1, 1995 through December 31, 1995 at the same terms that were in
effect on June 30, 1995. The
commissioner may issue separate contracts with requirements specific to
services to medical assistance recipients age 65 and older.
(b) A prepaid health plan
providing covered health services for eligible persons pursuant to chapters
256B, 256D, and 256L, is responsible for complying with the terms of its
contract with the commissioner.
Requirements applicable to managed care programs under chapters 256B,
256D, and 256L, established after the effective date of a contract with the
commissioner take effect when the contract is next issued or renewed.
(c) Effective for services
rendered on or after January 1, 2003, the commissioner shall withhold five
percent of managed care plan payments under this section for the prepaid
medical assistance and general assistance medical care programs pending
completion of performance targets. Each
performance target must be quantifiable, objective, measurable, and reasonably
attainable, except in the case of a performance target based on a federal or
state law or rule. Criteria for
assessment of each performance target must be outlined in writing prior to the
contract effective date. The withheld
funds must be returned no sooner than July of the following year if performance
targets in the contract are achieved.
The commissioner may exclude special demonstration projects under
subdivision 23. A managed care plan or
a county-based purchasing plan under section 256B.692 may include as admitted
assets under section 62D.044 any amount withheld under this paragraph that is
reasonably expected to be returned.
(d)(1) Effective for
services rendered on or after January 1, 2009, the commissioner shall withhold
three percent of managed care plan payments under this section for the prepaid
medical assistance and general assistance medical care programs. The withheld funds must be returned no
sooner than July 1 and no later than July 31 of the following year. The commissioner may exclude special
demonstration projects under subdivision 23.
(2) A managed care plan or a
county-based purchasing plan under section 256B.692 may include as admitted
assets under section 62D.044 any amount withheld under this paragraph. The return of the withhold under this paragraph
is not subject to the requirements of paragraph (c).
Sec. 15. Minnesota Statutes 2006, 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 (10), 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
reductions in paragraphs (d) and (e), the total payment for fee-for-service
services provided on or after July 1, 2008, made to hospitals for outpatient
hospital facility services before third-party liability and spenddown, is
reduced three percent from the current statutory rates. Mental health services and facilities
defined under section 256.969, subdivision 16, are excluded from this paragraph.
ARTICLE 18
HEALTH AND HUMAN SERVICES
APPROPRIATIONS
Section 1. SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations by fund made in this article.
2008 2009 Total
General $(46,789,000) $(124,196,000) $(170,985,000)
State Government Special
Revenue 114,000 667,000 781,000
Health Care Access -0- (770,000) (770,000)
Federal TANF 29,919,000 56,356,000 86,275,000
Total $(16,756,000) $(67,943,000) $(84,699,000)
Sec. 2. APPROPRIATIONS.
The sums shown in the
columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2007, chapter 147, or
other law to the agencies and for the purposes specified in this article. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures
"2008" and "2009" used in this article mean that the
addition or subtraction from appropriations listed under them are available for
the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The
first year" is fiscal year 2008. "The second year" is fiscal
year 2009. "The biennium" is fiscal years 2008 and 2009. Supplemental appropriations and reductions
for the fiscal year ending June 30, 2008, are effective the day following final
enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. HUMAN SERVICES
Subdivision 1. Total Appropriation $(16,870,000) $(64,480,000)
Appropriations by Fund
2008 2009
General (46,789,000) (120,066,000)
Health Care Access -0- (770,000)
Federal TANF 29,919,000 56,356,000
The appropriation additions
or reductions for each purpose are shown in the following subdivisions.
Additional
Working Family Credit Expenditures to be Claimed for TANF/MOE. In addition to the transfer under prior law, the commissioner
may count the following amounts of working family credit expenditure as
TANF/MOE:
(1) $21,085,000 in fiscal
year 2008;
(2) $48,408,000 in fiscal
year 2009;
(3) ($468,000) in fiscal year
2010; and
(4) ($19,000) in fiscal year
2011.
Notwithstanding any contrary
provision in this article, this rider expires June 30, 2011.
Subd. 2. Agency Management
Financial Operations -0- (5,867,000)
Transfer
from Special Revenue Fund. $1,098,000 of the amount transferred into the special revenue fund from
nongrant operating balances of general fund appropriations carried forward
under Laws 2007, chapter 147, article 19, section 20, must be transferred to
the general fund by June 30, 2009.
Base
Adjustment. The general fund base is
increased $23,000 in fiscal year 2010 and $26,000 in fiscal year 2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 3. Revenue and Pass-Through Revenue
Expenditures
Federal TANF -0- 950,000
TANF
Transfer to Federal Child Care and Development Fund. The following TANF fund amounts are appropriated to the
commissioner for the purposes of MFIP and transition year child care under
Minnesota Statutes, section 119B.05:
(1) fiscal year 2009,
$950,000; and
(2) fiscal year 2010,
$1,085,000.
The commissioner shall
authorize the 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 federal child care and development
fund regulations.
Subd. 4. Children and Economic Assistance Grants
(a) MFIP/DWP Grants
Appropriations by Fund
General (29,919,000) (50,060,000)
Federal TANF 29,919,000 47,946,000
These appropriation
adjustments replace the appropriation adjustments in Laws 2008, chapter 232.
(b) Support Services Grants; TANF -0- 7,100,000
Supported
Work. (1) Of the TANF appropriation, $7,100,000 in fiscal year 2009 is for
supported work for MFIP participants, to be allocated to counties and tribes
based on the criteria under clauses (1) and (2) and is available until
expended. This appropriation shall
become part of base level funding to the commissioner for the biennium
beginning July 1, 2009. Paid transitional
work experience and other supported employment under this clause shall provide
a continuum of employment assistance, including outreach and recruitment,
program orientation and intake, testing and assessment, job development and
marketing, preworksite training, supported worksite experience, job coaching,
and postplacement follow-up, in addition to extensive case management and
referral services. The base for this
program shall be $7,100,000 in fiscal year 2010 and zero in fiscal year 2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(2) A county or tribe is
eligible to receive an allocation under clause (1) if:
(i) the county or tribe is
not meeting the federal work participation rate;
(ii) the county or tribe has
participants who are required to perform work activities under Minnesota
Statutes, chapter 256J, but are not meeting hourly work requirements; and
(iii) the county or tribe
has assessed participants who have completed six weeks of job search or are
required to perform work activities and are not meeting the hourly
requirements, and the county or tribe has determined that the participant would
benefit from working in a supported work environment.
(3) A county or tribe may
also be eligible for funds in order to contract for supplemental hours of paid
work at the participant's child's place of education, child care location, or
the child's physical or mental health treatment facility or office. Grants to counties and tribes under this
clause are specifically for MFIP participants who need to work up to five hours
more per week in order to meet the hourly work requirement, and the
participant's employer cannot or will not offer more hours to the participant.
(c) Basic Sliding Fee Child Care Assistance Grants -0- (9,227,000)
Child Care
and Development Fund Unexpended Balance. In addition to the amount provided in this section,
the commissioner shall expend $9,227,000 in fiscal year 2009 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. The general fund base is increased by $9,444,000 in fiscal year 2010
and $9,227,000 in fiscal year 2011.
(d) Child Care Development Grants -0- (360,000)
Grants
Reduction. Effective July 1, 2008, base level funding for nonforecast, general
fund child care development grants issued under this paragraph shall be reduced
by 1.8 percent at the allotment level.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Prekindergarten
Exploratory Projects. Of this appropriation reduction, $250,000 in fiscal year 2009 is from
the general fund appropriation for prekindergarten exploratory projects in Laws
2007, chapter 147, article 19, section 3, subdivision 4, paragraph (e).
Base
Adjustment. Of the general fund reduction, $328,000 is onetime.
(e) Children's Services Grants (311,000) (1,898,000)
Base
Adjustment. The general fund base is increased by $1,688,000 in each year of the
fiscal year 2010 and 2011 biennium.
Funding
Usage. Up to 75 percent of the fiscal year 2010 appropriation for children's mental
health screening grants may be used to fund calendar year 2009 allocations for
these programs, with the resulting calendar year funding pattern continuing
into the future.
Grants
Reduction. Effective July 1, 2008, base level
funding for nonforecast, general fund children's services grants issued under
this paragraph, excluding children's mental health grants, adoption assistance
grants, and relative custody assistance grants, shall be reduced by 1.8 percent
at the allotment level.
(f) Children and Community Services Grants -0- (1,345,000)
Base
Adjustment. The general fund base is decreased by $98,000 in each year of the
fiscal year 2010 and 2011 biennium.
Grants
Reduction. Effective July 1, 2008, base level
funding for nonforecast, general fund children and community services grants
issued under this paragraph shall be reduced by 1.8 percent at the allotment
level.
(g) Minnesota Supplemental Aid Grants -0- 201,000
(h) Group Residential Housing Grants -0- (133,000)
(i) Other Children's and Economic Assistance Grants
Appropriations by Fund
General -0- 352,000
Federal TANF -0- 360,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Grants
Reduction. Effective July 1, 2008, base level
funding for nonforecast, general fund other children's and economic assistance
grants issued under this paragraph shall be reduced by 1.8 percent at the
allotment level.
The base for grants impacted
by this reduction shall increase by $4,000 in fiscal year 2010 and $14,000 in
fiscal year 2011.
Foodshelf
Programs. Of the general fund appropriation, $500,000 in fiscal year 2009 is for
foodshelf programs under Minnesota Statutes, section 256E.34. This is a onetime appropriation and is
available until expended.
Long-Term
Homeless Supportive Services. $145,000 from the general fund and $360,000 from
TANF in fiscal year 2009 is for the long-term homeless supportive services fund
under Minnesota Statutes, section 256K.26.
This is a onetime appropriation and is available until expended.
Subd. 5. Basic Health Care Grants
(a) MinnesotaCare Grants
Health Care Access -0- (770,000)
Incentive
Program and Outreach Grants. Of the
appropriation for the Minnesota health care outreach program in Laws 2007,
chapter 147, article 19, section 3, subdivision 7, paragraph (b):
(1) $400,000 in fiscal year
2009 from the general fund and $200,000 in fiscal year 2009 from the health
care access fund are for the incentive program under Minnesota Statutes,
section 256.962, subdivision 5. For the
biennium beginning July 1, 2009, base level funding for this activity shall be
$360,000 from the general fund and $160,000 from the health care access fund;
and
(2) $100,000 in fiscal year
2009 from the general fund and $50,000 in fiscal year 2009 from the health care
access fund are for the outreach grants under Minnesota Statutes, section
256.962, subdivision 2. For the
biennium beginning July 1, 2009, base level funding for this activity shall be
$90,000 from the general fund and $40,000 from the health care access fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(b) MA Basic Health Care Grants - Families and Children -0- (17,280,000)
Third-Party
Liability. (a) During fiscal year 2009, the
commissioner shall employ a contractor paid on a percentage basis to improve
third-party collections. Improvement
initiatives may include, but not be limited to, efforts to improve postpayment
collection from nonresponsive claims and efforts to uncover third-party payers
the commissioner has been unable to identify.
(b) In fiscal year 2009, the
first $1,098,000 of recoveries, after contract payments and federal repayments,
is appropriated to the commissioner for technology-related expenses.
Administrative
Costs. (a) For contracts effective on or after
January 1, 2009, the commissioner shall limit aggregate administrative costs
paid to managed care plans under Minnesota Statutes, section 256B.69, and to
county-based purchasing plans under Minnesota Statutes, section 256B.692, to an
overall average of 6.6 percent of total contract payments under Minnesota
Statutes, sections 256B.69 and 256B.692, for each calendar year. For purposes of this paragraph,
administrative costs do not include premium taxes paid under Minnesota
Statutes, section 297I.05, subdivision 5, and provider surcharges paid under
Minnesota Statutes, section 256.9657, subdivision 3.
(b) Notwithstanding any law
to the contrary, the commissioner may reduce or eliminate administrative
requirements to meet the administrative target under paragraph (a).
(c) Notwithstanding any
contrary provision of this article, this rider shall not expire.
Hospital
Payment Delay. Notwithstanding Laws 2005, First Special Session chapter 4, article 9,
section 2, subdivision 6, payments from the Medicaid Management Information
System that would otherwise have been made for inpatient hospital services for
medical assistance enrollees are delayed as follows: (1) for fiscal year 2008, June payments must be included in the
first payments in fiscal year 2009; and (2) for fiscal year 2009, June payments
must be included in the first payment of fiscal year 2010. The provisions of Minnesota Statutes,
section 16A.124, do not apply to these delayed payments. Notwithstanding any contrary provision in
this article, this paragraph expires on June 30, 2010.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(c) MA Basic Health Care Grants - Elderly and Disabled (14,028,000) (9,368,000)
Minnesota
Disability Health Options Rate Setting Methodology. The commissioner shall
develop and implement a methodology for risk adjusting payments for community
alternatives for disabled individuals (CADI) and traumatic brain injury (TBI)
home and community-based waiver services delivered under the Minnesota
disability health options program (MnDHO) effective January 1, 2009. The commissioner shall take into account the
weighting system used to determine county waiver allocations in developing the
new payment methodology. Growth in the
number of enrollees receiving CADI or TBI waiver payments through MnDHO is
limited to an increase of 200 enrollees in each calendar year from January 2009
through December 2011. If those limits
are reached, additional members may be enrolled in MnDHO for basic care services
only as defined under Minnesota Statutes, section 256B.69, subdivision 28, and
the commissioner may establish a waiting list for future access of MnDHO
members to those waiver services.
MA Basic
Elderly and Disabled Adjustments. For the fiscal year ending June 30, 2009, the
commissioner may adjust the rates for each service affected by rate changes
under this section in such a manner across the fiscal year to achieve the
necessary cost savings and minimize disruption to service providers, notwithstanding
the requirements of Laws 2007, chapter 147, article 7, section 71.
(d) General Assistance Medical Care Grants -0- (6,971,000)
(e) Other Health Care Grants -0- (17,000)
MinnesotaCare
Outreach Grants Special Revenue Account. The balance in the MinnesotaCare outreach grants
special revenue account on July 1, 2009, estimated to be $900,000, must be
transferred to the general fund.
Grants
Reduction. Effective July 1, 2008, base level
funding for nonforecast, general fund health care grants issued under this
paragraph shall be reduced by 1.8 percent at the allotment level.
Subd. 6. Continuing Care Grants
(a) Aging and Adult Services Grants -0- (337,000)
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Base
Adjustment. The general fund base is increased by $71,000 in fiscal year 2010 and
$70,000 in fiscal year 2011.
Grants
Reduction. Effective July 1, 2008, base level
funding for nonforecast, general fund aging and adult services state grants
issued under this paragraph shall be reduced by 1.8 percent at the allotment
level.
Aging and
Adult Services Adjustments. For the
fiscal year ending June 30, 2009, the commissioner may allocate each grant
affected by rate changes under this section in such a manner across the fiscal
year to achieve the necessary cost savings and minimize disruption to
grantees. To implement this paragraph,
the commissioner may waive the requirements of Laws 2007, chapter 147, article
7, section 71, including the employee compensation-related cost requirements.
Living-At-Home/Block Nurse Program Funding. Notwithstanding
the provisions of Minnesota Statutes, section 256B.0917,
subdivision 8, for the fiscal year beginning July 1, 2008, the commissioner of
human services shall transfer $240,000 from the community service grant program
under Minnesota Statutes, section 256B.0917, subdivision 13, to the
living-at-home/block nurse program under Minnesota Statutes, section 256B.0917,
subdivision 8, to provide $20,000 each for 12 living-at-home/block nurse programs
currently operating without base funding.
This is onetime funding.
(b) Alternative Care Grants -0- (198,000)
This reduction is onetime.
(c) MA Long-Term Care Facilities Grants (2,306,000) 3,045,000
Nursing
Facility Rate Increase. (a) For the rate year beginning October 1, 2008, the commissioner shall
make available to each nursing facility reimbursed under Minnesota Statutes,
section 256B.434, operating payment rate adjustments equal to 1.00 percent of
the operating payment rates determined by the blending in Minnesota Statutes,
section 256B.441, subdivision 55, paragraph (a).
(b) Seventy-five percent of
the money resulting from the rate adjustment under paragraph (a) must be used
for increases in compensation-related costs for employees directly employed by
the nursing facility on or after the effective date of the rate adjustment,
except:
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(1) the administrator;
(2) persons employed in the
central office of a corporation that has an ownership interest in the nursing
facility or exercises control over the nursing facility; and
(3) persons paid by the
nursing facility under a management contract.
(c) Two-thirds of the money
available under paragraph (b) must be used for wage increases for all employees
directly employed by the nursing facility on or after the effective date of the
rate adjustment, except those listed in paragraph (b), clauses (1) to (3). The wage adjustment that employees receive
under this paragraph must be paid as an equal hourly percentage wage increase
for all eligible employees. All wage
increases under this paragraph must be effective on the same date. Only costs associated with the portion of
the equal hourly percentage wage increase that goes to all employees shall
qualify under this paragraph. Costs
associated with wage increases in excess of the amount of the equal hourly
percentage wage increase provided to all employees shall be allowed only for
meeting the requirements in paragraph (b).
This paragraph shall not apply to employees covered by a collective
bargaining agreement.
(d) The commissioner shall
allow as compensation-related costs all costs for:
(1) wages and salaries;
(2) FICA taxes, Medicare
taxes, state and federal unemployment taxes, and workers' compensation;
(3) the employer's share of
health and dental insurance, life insurance, disability insurance, long-term
care insurance, uniform allowance, and pensions; and
(4) other benefits provided,
subject to the approval of the commissioner.
(e) The portion of the rate
adjustment under paragraph (a) that is not subject to the requirements in
paragraphs (b) and (c) shall be provided to nursing facilities effective
October 1, 2008.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(f) Nursing facilities may
apply for the portion of the rate adjustment under paragraph (a) that is
subject to the requirements in paragraphs (b) and (c). The application must be submitted to the
commissioner within six months of the effective date of the rate adjustment,
and the nursing facility must provide additional information required by the
commissioner within nine months of the effective date of the rate
adjustment. The commissioner must
respond to all applications within three weeks of receipt. The commissioner may waive the deadlines in
this paragraph under extraordinary circumstances, to be determined at the sole
discretion of the commissioner. The
application must contain:
(1) an estimate of the
amounts of money that must be used as specified in paragraphs (b) and (c);
(2) a detailed distribution
plan specifying the allowable compensation-related and wage increases the
nursing facility will implement to use the funds available in clause (1);
(3) a description of how the
nursing facility will notify eligible employees of the contents of the approved
application, which must provide for giving each eligible employee a copy of the
approved application, excluding the information required in clause (1), or
posting a copy of the approved application, excluding the information required
in clause (1), for a period of at least six weeks in an area of the nursing
facility to which all eligible employees have access; and
(4) instructions for
employees who believe they have not received the compensation-related or wage
increases specified in clause (2), as approved by the commissioner, and which
must include a mailing address, e-mail address, and the telephone number that
may be used by the employee to contact the commissioner or the commissioner's
representative.
(g) The commissioner shall
ensure that cost increases in distribution plans under paragraph (f), clause
(2), that may be included in approved applications, comply with the following
requirements:
(1) costs to be incurred
during the applicable rate year resulting from wage and salary increases
effective after October 1, 2007, and prior to the first day of the nursing
facility's payroll period that includes October 1, 2008, shall be allowed if
they were not used in the prior year's application;
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(2) a portion of the costs
resulting from tenure-related wage or salary increases may be considered to be
allowable wage increases, according to formulas that the commissioner shall
provide, where employee retention is above the average statewide rate of
retention of direct care employees;
(3) the annualized amount of
increases in costs for the employer's share of health and dental insurance,
life insurance, disability insurance, and workers' compensation shall be
allowable compensation-related increases if they are effective on or after
April 1, 2008, and prior to April 1, 2009; and
(4) for nursing facilities
in which employees are represented by an exclusive bargaining representative,
the commissioner shall approve the application only upon receipt of a letter of
acceptance of the distribution plan, in regard to members of the bargaining
unit, signed by the exclusive bargaining agent and dated after May 25, 2008. Upon receipt of the letter of acceptance,
the commissioner shall deem all requirements of this rider as having been met
in regard to the members of the bargaining unit.
(h) The commissioner shall
review applications received under paragraph (f) and shall provide the portion
of the rate adjustment under paragraphs (b) and (c) if the requirements of this
rider have been met. The rate
adjustment shall be effective October 1, 2008.
Notwithstanding paragraph (a), if the approved application distributes less
money than is available, the amount of the rate adjustment shall be reduced so
that the amount of money made available is equal to the amount to be
distributed.
(i) Of the general fund
appropriation, $2,877,000 in fiscal year 2009 is for the purposes of paragraphs
(a) to (h).
(j) Notwithstanding any
contrary provision of this article, this rider shall not expire.
Nursing
Facility Temporary Rate Adjustment. (a) Of
the general fund appropriation, $2,877,000 for fiscal year 2009 is to make
available to nursing facilities reimbursed under Minnesota Statutes, section
256B.434, for the rate year beginning October 1, 2008, a temporary rate
adjustment equal to 1.0 percent of the operating payment rates determined by
the blending in Minnesota Statutes, section 256B.441, subdivision 55, paragraph
(a). This rate adjustment shall be
removed from the facility's operating payment rate for the rate year beginning
October 1, 2009.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(b) Seventy-five percent of
the money resulting from the rate adjustment under paragraph (a) must be used
to provide quarterly bonus payments, and to pay for associated employer costs
and other benefits as specified in Minnesota Statutes, section 256B.434,
subdivision 19, paragraph (d), clauses (2) to (4), for all employees directly
employed by the nursing facility on December 31,
2008; March 31, 2009; June 30, 2009; and September 30, 2009, except:
(1) the administrator;
(2) persons employed in the
central office of a corporation that has an ownership interest in the nursing
facility or exercises control over the nursing facility; and
(3) persons paid by the
nursing facility under a management contract.
(c) Two-thirds of the money
available under paragraph (b) must be used for an equal hourly percentage wage
bonus for all eligible employees.
(d) Nursing facilities may
apply for the portion of the rate adjustment subject to paragraphs (b) and (c),
and the commissioner shall review and act on applications, according to the
procedures specified in Minnesota Statutes, section 256B.434, subdivision
19. The portion of the rate adjustment
under paragraph (a) that is not subject to the requirements in paragraphs (b)
and (c) shall be provided to nursing facilities effective October 1, 2008.
(e) Notwithstanding any
contrary provision in this article, this rider expires December 31, 2009.
(d) MA Long-Term Care Waivers and Home Care Grants -0- (10,643,000)
Manage
Growth in TBI and CADI Waiver. During the fiscal years beginning on July 1, 2008,
July 1, 2009, and July 1, 2010, the commissioner shall allocate money for home
and community-based programs covered under Minnesota Statutes, section 256B.49,
to ensure a reduction in state spending that is equivalent to limiting the caseload
growth of the traumatic brain injury (TBI) waiver to 200 allocations in each
year of the biennium and the community alternatives for disabled individuals
(CADI) waiver to 1,500 allocations each year of the biennium. Priorities for the allocation of funds must
be for individuals anticipated to be discharged from institutional settings or
who are at imminent risk of a placement in an institutional setting. Notwithstanding any contrary section in this
article, this provision expires June 30, 2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(e) Mental Health Grants -0- (4,823,000)
Base
Adjustment. This reduction is onetime.
Funding
Usage. Up to 75 percent of the fiscal year 2010 appropriation for adult mental
health grants may be used to fund calendar year 2009 allocations for these
programs, with the resulting calendar year funding pattern continuing into the
future.
(f) Chemical Dependency Entitlement Grants -0- (2,069,000)
Payments
for Substance Abuse Treatment. For services provided in fiscal year 2009,
county-negotiated rates and provider claims to the consolidated chemical
dependency fund must not exceed rates charged for services in excess of those
in effect on May 31, 2008. If statutes
authorize a cost-of-living adjustment during fiscal year 2009, then
notwithstanding any law to the contrary, fiscal year 2009 rates may not exceed
those in effect on May 31, 2008, plus any authorized cost-of-living
adjustments.
Chemical
Dependency Treatment Fund Special Revenue Account. The lesser of the balance of
the consolidated chemical dependency treatment fund at the close of the fiscal
year 2008, or $2,784,000 must be transferred and deposited into the general
fund by September 1, 2008. The lesser
of the balance of the consolidated chemical dependency treatment fund at the
close of the fiscal year 2009, or $2,009,000 must be transferred and deposited
into the general fund by September 1, 2009.
(g) Chemical Dependency Nonentitlement Grants -0- 1,967,000
Base Level
Adjustment. The general fund base for chemical dependency nonentitlement treatment
grants must be reduced by $1,686,000 for fiscal year 2010 and by $1,686,000 for
fiscal year 2011.
White Earth
treatment facility. $2,000,000 is appropriated from the general fund to the commissioner of
human services for a grant to the White Earth tribe to purchase or develop one
or more culturally specific treatment programs or capital facilities, or both,
designed to serve youth from native cultures.
This appropriation is onetime and is available until spent.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Grants
Reduction. Effective July 1, 2008, base level
funding for nonforecast, general fund chemical dependency nonentitlement grants
issued under this paragraph shall be reduced by 1.8 percent at the allotment
level.
(h) Other Continuing Care Grants -0- (4,729,000)
Base Level
Adjustment. The general fund base is increased by $7,283,000 in fiscal year 2010
and $4,921,000 in fiscal year 2011.
Housing
Access Grants. Of the general fund appropriation, $250,000 is appropriated in fiscal
year 2009 for housing access grants under Minnesota Statutes, section
256B.0658.
Funding
Usage. Up to 75 percent of the fiscal year 2010 appropriation for semi-independent
living services grants and family support grants may be used to fund calendar
year 2009 allocations for these programs, with the resulting calendar year
funding pattern continuing into the future.
Grants
Reduction. Effective July 1, 2008, base level
funding for nonforecast, general fund other continuing care grants issued under
this paragraph, except for HIV grants, shall be reduced by 1.8 percent at the
allotment level. HIV grants shall be
reduced by 1.7 percent at the allotment level effective July 1, 2009.
Other
Continuing Care Grant Adjustments. For the
fiscal year ending June 30, 2009, the commissioner may allocate each grant
affected by rate changes under this section in such a manner across the fiscal
year to achieve the necessary cost savings and minimize disruption to
grantees. To implement this paragraph,
the commissioner may waive the requirements of Laws 2007, chapter 147, article
7, section 71, including the employee compensation-related cost requirements.
Subd. 7. State-Operated Services
County Past
Due Receivables. The commissioner is
authorized to withhold county federal administrative reimbursement when the
county of financial responsibility for cost-of-care payments due to the state
under Minnesota Statutes, section 246.54 or 253B.045, is 90 days past due. The commissioner shall deposit the withheld
federal administrative earnings for the county into the general fund to settle
the claims with the county of financial responsibility. The process for withholding funds is governed
by Minnesota Statutes, section 256.017.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Internet-Based
Resource. Notwithstanding Laws 2005, First Special Session chapter 4,
article 9, section 2, subdivision 10, base level funding for the fiscal year
beginning July 1, 2008, is zero for the evidence-based practice for the
treatment of methamphetamine abuse at the state-operated services chemical
dependency program at Willmar. The Internet-based
resource developed as part of the evidence-based practice must be maintained by
the commissioner.
Community
Behavioral Health Hospitals. Under Minnesota Statutes, section 246.51, subdivision 1, a
determination order for clients in the community behavioral hospital operated
by the commissioner is only required when a client's third-party mental health
coverage has been exhausted.
(a) Mental Health Services (225,000) (300,000)
(b) Minnesota Sex Offender Services -0- -0-
Sex
Offender Program. Base level funding for the
Minnesota sex offender program under Minnesota Statutes, chapter 246B, is
reduced by $2,329,000 for fiscal years beginning on or after July 1, 2009. This reduction does not apply to the portion
of the per diem related to professional treatment service costs.
Sec. 4. COMMISSIONER OF HEALTH
Subdivision 1. Total Appropriation $-0- $(3,663,000)
Appropriations by Fund
2008 2009
General -0- (4,130,000)
State Government
Special Revenue -0- 467,000
The appropriation additions
or reductions for each purpose are shown in the following subdivisions.
Subd. 2. Community and Family Health Promotion
-0- (843,000)
Minnesota
ENABL Program. Notwithstanding Laws 2007, chapter 147, article 19, section 4,
subdivision 2, base level funding for the Minnesota ENABL program under
Minnesota Statutes, section 145.9255, for the fiscal year beginning July 1,
2008, is zero.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Grants
Reduction. Effective July 1, 2008, base level
funding for general fund community and family health grants issued under this
paragraph shall be reduced by 1.8 percent at the allotment level.
Subd. 3. Policy, Quality, and Compliance
Appropriations by Fund
General -0- (2,070,000)
State Government
Special Revenue -0- 32,000
Grants
Reduction. Effective July 1, 2008, base level
funding for general fund policy, quality, and compliance grants issued under
this paragraph, excluding medical education and research costs transition
funding grants to the Mayo Clinic, shall be reduced by 1.8 percent at the
allotment level.
Interpreter
Services Quality Initiative. Of the state government special revenue fund appropriation, $32,000 in
fiscal year 2009 is for the interpreter services quality initiative under
Minnesota Statutes, section 144.058.
MERC
Federal Compliance. Notwithstanding Laws 2007, chapter 147, article 19, section 4,
subdivision 3, the general fund appropriation in fiscal year 2009 for the
commissioner to distribute to the Mayo Clinic for the purpose of providing
transition funding while federal compliance changes are made to the medical
education and research cost funding distribution formula in Minnesota Statutes,
section 62J.692, shall be $4,250,000.
Base level funding for this activity for fiscal years 2010 and 2011
shall be $1,000,000 each year. This
funding shall not become part of the base in 2012 and 2013. Notwithstanding any contrary provision of
this article, this rider expires on June 30, 2012.
Base
Adjustment. The state government special revenue base is decreased by $11,000 in
both fiscal years 2010 and 2011.
Subd. 4. Health Protection
Appropriations by Fund
General -0- (40,000)
State Government
Special Revenue -0- 435,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Grants
Reduction. Effective July 1, 2008, base level
funding for general fund health protection grants issued under this paragraph
shall be reduced by 1.8 percent at the allotment level.
Inspection
Delegation. $435,000 from the state government special revenue fund in fiscal year
2009 is for the St. Louis County inspection delegation. The base funding for this appropriation
shall increase by $89,000 in each of fiscal years 2010 and 2011.
Subd. 5. Minority and Multicultural Health
-0- (77,000)
Grants
Reduction. Effective July 1, 2008, base level
funding for general fund minority and multicultural health grants issued under
this paragraph shall be reduced by 1.8 percent at the allotment level.
Subd. 6. Administrative Support Services 0 (1,100,000)
Base
Adjustment. The general fund base is
increased $46,000 in fiscal years 2010 and 2011.
Sec. 5. HEALTH RELATED BOARDS
Subdivision 1. Total Appropriation $114,000 $200,000
Appropriations by Fund
2008 2009
General -0- -0-
State Government
Special Revenue 114,000 200,000
Transfer
from Special Revenue Fund. During
the fiscal year beginning July 1, 2008, the commissioner of finance shall
transfer $3,219,000 from the state government special revenue fund to the
general fund.
Subd. 2. Board of Nursing Home Administrators
State Government Special
Revenue 100,000 200,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Administrative
Services Unit. The amounts appropriated
are for the administrative services unit to pay for costs of contested case
hearings and other unanticipated costs of legal proceedings involving
health-related boards funded under Laws 2007, chapter 147, article 19, section
6. Upon certification of a
health-related board to the administrative services unit that the costs will be
incurred and that there is insufficient money available to pay for the costs
out of money currently available to that board, the administrative services
unit is authorized to transfer money from this appropriation to the board for
payment of those costs with the approval of the commissioner of finance. This appropriation does not cancel. Any unencumbered and unspent balances remain
available for these expenditures in subsequent fiscal years.
Subd. 3. Board of Marriage and Family Therapy
State Government Special
Revenue 14,000 -0-
Sec. 6. EMERGENCY MEDICAL SERVICES BOARD
Longevity
Award and Incentive Program. For the fiscal year beginning July 1, 2008, $6,200,000 must be
transferred from the ambulance service personnel longevity award and incentive
trust to the general fund.
Sec. 7. Laws 2007,
chapter 147, article 19, section 3, subdivision 4, is amended to read:
Subd. 4. Children and Economic Assistance Grants
The amounts that may be
spent from this appropriation for each purpose are as follows:
(a) MFIP/DWP Grants
Appropriations by Fund
General 62,069,000 62,405,000
Federal TANF 75,904,000 80,841,000
(b) Support Services Grants
Appropriations by Fund
General 8,715,000 8,715,000
Federal TANF 113,429,000 115,902,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
TANF Prior
Appropriation Cancellation. Notwithstanding Laws 2001,
First Special Session chapter 9, article 17, section 2, subdivision 11,
paragraph (b), any unexpended TANF funds appropriated to the commissioner to
contract with the Board of Trustees of Minnesota State Colleges and
Universities, to provide tuition waivers to employees of health care and human
service providers that are members of qualifying consortia operating under
Minnesota Statutes, sections 116L.10 to 116L.15, must cancel at the end of
fiscal year 2007.
MFIP Pilot
Program. Of the TANF appropriation,
$100,000 in fiscal year 2008 and $750,000 in fiscal year 2009 are for a grant
to the Stearns-Benton Employment and Training Council for the Workforce U pilot
program. Base level funding for this
program shall be $750,000 in 2010 and $0 in 2011.
Supported
Work. (1) Of the TANF
appropriation, $5,468,000 in fiscal year 2008 and $7,291,000 in fiscal year
2009 are is for supported work for MFIP participants, to be
allocated to counties and tribes based on the criteria under clauses (2) and
(3), and is available until expended.
Paid transitional work experience and other supported employment under
this rider provides a continuum of employment assistance, including outreach
and recruitment, program orientation and intake, testing and assessment, job
development and marketing, preworksite training, supported worksite experience,
job coaching, and postplacement follow-up, in addition to extensive case
management and referral services.
* (The preceding text "and $7,291,000 in fiscal year
2009" was indicated as vetoed by the governor.)
(2) A county or tribe is
eligible to receive an allocation under this rider if:
(i) the county or tribe is
not meeting the federal work participation rate;
(ii) the county or tribe has
participants who are required to perform work activities under Minnesota
Statutes, chapter 256J, but are not meeting hourly work requirements; and
(iii) the county or tribe
has assessed participants who have completed six weeks of job search or are
required to perform work activities and are not meeting the hourly
requirements, and the county or tribe has determined that the participant would
benefit from working in a supported work environment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(3) A county or tribe may
also be eligible for funds in order to contract for supplemental hours of paid
work at the participant's child's place of education, child care location, or
the child's physical or mental health treatment facility or office. This grant to counties and tribes is
specifically for MFIP participants who need to work up to five hours more per
week in order to meet the hourly work requirement, and the participant's
employer cannot or will not offer more hours to the participant.
Work
Study. Of the TANF appropriation,
$750,000 each year are to the commissioner to contract with the Minnesota
Office of Higher Education for the biennium beginning July 1, 2007, for work
study grants under Minnesota Statutes, section 136A.233, specifically for
low-income individuals who receive assistance under Minnesota Statutes, chapter
256J, and for grants to opportunities industrialization centers. * (The preceding text beginning "Work
Study. Of the TANF appropriation,"
was indicated as vetoed by the governor.)
Integrated
Service Projects. $2,500,000 in fiscal year
2008 and $2,500,000 in fiscal year 2009 are appropriated from the TANF fund to
the commissioner to continue to fund the existing integrated services projects
for MFIP families, and if funding allows, additional similar projects.
Base
Adjustment. The TANF base for fiscal
year 2010 is $115,902,000 and for fiscal year 2011 is $115,152,000.
(c) MFIP Child Care Assistance Grants
General 74,654,000 71,951,000
(d) Basic Sliding Fee Child Care Assistance Grants
General 42,995,000 45,008,000
Base
Adjustment. The general fund base is
$44,881,000 for fiscal year 2010 and $44,852,000 for fiscal year 2011.
At-Home Infant
Care Program. No funding shall be
allocated to or spent on the at-home infant care program under Minnesota
Statutes, section 119B.035.
(e) Child Care Development Grants
General 4,390,000 6,390,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Prekindergarten
Exploratory Projects. Of the general fund
appropriation, $2,000,000 the first year and $4,000,000 the second year are for
grants to the city of St. Paul, Hennepin County, and Blue Earth County to
establish scholarship demonstration projects to be conducted in partnership
with the Minnesota Early Learning Foundation to promote children's school
readiness. This appropriation is available
until June 30, 2009.
Child Care
Services Grants. Of this appropriation,
$500,000 each year are for the purpose of providing child care services grants
under Minnesota Statutes, section 119B.21, subdivision 5. This appropriation is for the 2008-2009
biennium only, and does not increase the base funding.
Early
Childhood Professional Development System.
Of
this appropriation, $500,000 each year are for purposes of the early childhood
professional development system, which increases the quality and continuum of
professional development opportunities for child care practitioners. This appropriation is for the 2008-2009
biennium only, and does not increase the base funding.
Base
Adjustment. The general fund base is
$1,515,000 for each of fiscal years 2010 and 2011.
(f) Child Support Enforcement Grants
General 11,038,000 3,705,000
Child Support
Enforcement. $7,333,000 for fiscal year
2008 is to make grants to counties for child support enforcement programs to
make up for the loss under the 2005 federal Deficit Reduction Act of federal
matching funds for federal incentive funds passed on to the counties by the
state.
This appropriation is
available until June 30, 2009.
(g) Children's Services Grants
Appropriations by Fund
General 63,647,000 71,147,000
Health Care Access 250,000 -0-
TANF 240,000 340,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Grants for
Programs Serving Young Parents. Of the TANF fund
appropriation, $140,000 each year is for a grant to a program or programs that
provide comprehensive services through a private, nonprofit agency to young
parents in Hennepin County who have dropped out of school and are receiving
public assistance. The program administrator
shall report annually to the commissioner on skills development, education, job
training, and job placement outcomes for program participants.
County
Allocations for Rate Increases. County Children and
Community Services Act allocations shall be increased by $197,000 effective
October 1, 2007, and $696,000 effective October 1, 2008, to help counties pay
for the rate adjustments to day training and habilitation providers for
participants paid by county social service funds. Notwithstanding the provisions of Minnesota Statutes, section
256M.40, the allocation to a county shall be based on the county's proportion
of social services spending for day training and habilitation services as
determined in the most recent social services expenditure and grant
reconciliation report.
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.
Adoption
Assistance Incentive Grants. Federal funds available
during fiscal year 2008 and fiscal year 2009 for the adoption incentive grants
are appropriated to the commissioner for these purposes.
Adoption
Assistance and Relative Custody Assistance.
The
commissioner may transfer unencumbered appropriation balances for adoption
assistance and relative custody assistance between fiscal years and between
programs.
Children's
Mental Health Grants. Of the general fund
appropriation, $5,913,000 in fiscal year 2008 and $6,825,000 in fiscal year
2009 are for children's mental health grants.
The purpose of these grants is to increase and maintain the state's
children's mental health service capacity, especially for school-based mental
health services. The commissioner shall
require grantees to utilize all available third party reimbursement sources as
a condition of using state grant funds.
At least 15 percent of these funds shall be used to encourage
efficiencies through early intervention services. At least another 15 percent shall be used to provide respite care
services for children with severe emotional disturbance at risk of out-of-home
placement.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Mental Health
Crisis Services. Of the general fund appropriation,
$2,528,000 in fiscal year 2008 and $2,850,000 in fiscal year 2009 are for
statewide funding of children's mental health crisis services. Providers must utilize all available funding
streams.
Children's
Mental Health Evidence-Based and Best Practices. Of
the general fund appropriation, $375,000 in fiscal year 2008 and $750,000 in
fiscal year 2009 are for children's mental health evidence-based and best
practices including, but not limited to:
Adolescent Integrated Dual Diagnosis Treatment services; school-based
mental health services; co-location of mental health and physical health care,
and; the use of technological resources to better inform diagnosis and
development of treatment plan development by mental health professionals. The commissioner shall require grantees to
utilize all available third-party reimbursement sources as a condition of using
state grant funds.
Culturally
Specific Mental Health Treatment Grants.
Of
the general fund appropriation, $75,000 in fiscal year 2008 and $300,000 in
fiscal year 2009 are for children's mental health grants to support increased
availability of mental health services for persons from cultural and ethnic
minorities within the state. The
commissioner shall use at least 20 percent of these funds to help members of
cultural and ethnic minority communities to become qualified mental health
professionals and practitioners. The
commissioner shall assist grantees to meet third-party credentialing
requirements and require them to utilize all available third-party
reimbursement sources as a condition of using state grant funds.
Mental Health
Services for Children with Special Treatment Needs. Of
the general fund appropriation, $50,000 in fiscal year 2008 and $200,000 in
fiscal year 2009 are for children's mental health grants to support increased
availability of mental health services for children with special treatment
needs. These shall include, but not be
limited to: victims of trauma,
including children subjected to abuse or neglect, veterans and their families,
and refugee populations; persons with complex treatment needs, such as eating
disorders; and those with low incidence disorders.
MFIP and
Children's Mental Health Pilot Project.
Of
the TANF appropriation, $100,000 in fiscal year 2008 and $200,000 in fiscal
year 2009 are to fund the MFIP and children's mental health pilot project. Of these amounts, up to $100,000 may be
expended on evaluation of this pilot.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Prenatal Alcohol or Drug Use. Of the
general fund appropriation, $75,000 each year is to award grants beginning July
1, 2007, to
programs that provide services under Minnesota Statutes, section 254A.171, in
Pine, Kanabec, and Carlton Counties.
This appropriation shall become part of the base appropriation.
Base
Adjustment. The general fund base is
$62,572,000 in fiscal year 2010 and $62,575,000 in fiscal year 2011.
(h) Children and Community Services Grants
General 101,369,000 69,208,000
Base
Adjustment. The general fund base is
$69,274,000 in each of fiscal years 2010 and 2011.
Targeted Case
Management Temporary Funding. (a) Of the general fund
appropriation, $32,667,000 in fiscal year 2008 is transferred to the targeted
case management contingency reserve account in the general fund to be allocated
to counties and tribes affected by reductions in targeted case management
federal Medicaid revenue as a result of the provisions in the federal Deficit
Reduction Act of 2005, Public Law 109-171.
(b) Contingent upon (1)
publication by the federal Centers for Medicare and Medicaid Services of final
regulations implementing the targeted case management provisions of the federal
Deficit Reduction Act of 2005, Public Law 109-171, or (2) the issuance of a
finding by the Centers for Medicare and Medicaid Services of federal Medicaid
overpayments for targeted case management expenditures, up to $32,667,000 is
appropriated to the commissioner of human services. Prior to distribution of funds, the commissioner shall estimate
and certify the amount by which the federal regulations or federal disallowance
will reduce targeted case management Medicaid revenue over the 2008-2009
biennium.
(c) Within 60 days of a
contingency described in paragraph (b), the commissioner shall distribute the
grants proportionate to each affected county or tribe's targeted case
management federal earnings for calendar year 2005, not to exceed the lower of
(1) the amount of the estimated reduction in federal revenue or (2)
$32,667,000.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(d) These funds are
available in either year of the biennium.
Counties and tribes shall use these funds to pay for social
service-related costs, but the funds are not subject to provisions of the
Children and Community Services Act grant under Minnesota Statutes, chapter
256M.
(e) This appropriation shall
be available to pay counties and tribes for expenses incurred on or after July
1, 2007. The appropriation shall be
available until expended.
(i) General Assistance Grants
General 37,876,000 38,253,000
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 2008 and $7,889,812 in fiscal year 2009. Funds to counties must be allocated by the commissioner using the
allocation method specified in Minnesota Statutes, section 256D.06.
(j) Minnesota Supplemental Aid Grants
General 30,505,000 30,812,000
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 2008 and $1,100,000 in fiscal year 2009. Funds to counties must be allocated by the
commissioner using the allocation method specified in Minnesota Statutes,
section 256D.46.
(k) Group Residential Housing Grants
General 91,069,000 98,671,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
People
Incorporated. Of the general fund
appropriation, $460,000 each year is to augment community support and mental
health services provided to individuals residing in facilities under Minnesota
Statutes, section 256I.05, subdivision 1m.
(l) Other Children and Economic Assistance Grants
General 20,183,000 16,333,000
Federal TANF 1,500,000 1,500,000
Base
Adjustment. The general fund base shall
be $16,033,000 in fiscal year 2010 and $15,533,000 in fiscal year 2011. The TANF base shall be $1,500,000 in fiscal
year 2010 and $1,181,000 in fiscal year 2011.
Homeless and
Runaway Youth. Of the general fund
appropriation, $500,000 each year are for the Runaway and Homeless Youth Act
under Minnesota Statutes, section 256K.45.
Funds shall be spent in each area of the continuum of care to ensure
that programs are meeting the greatest need.
This is a onetime appropriation.
Long-Term
Homelessness. Of the general fund
appropriation, $1,500,000 each year are $2,000,000 in fiscal year 2008
is for implementation of programs to address long-term homelessness and
is available in either year of the biennium. This is a onetime appropriation.
Minnesota
Community Action Grants. (a) Of the general fund appropriation, $250,000 each year is for the
purposes of Minnesota community action grants under Minnesota Statutes,
sections 256E.30 to 256E.32. This is a
onetime appropriation.
(b) Of the TANF
appropriation, $1,500,000 each year is for community action agencies for auto
repairs, auto loans, and auto purchase grants to individuals who are eligible
to receive benefits under Minnesota Statutes, chapter 256J, or who have lost
eligibility for benefits under Minnesota Statutes, chapter 256J, due to
earnings in the prior 12 months. Base
level funding for this activity shall be $1,500,000 in fiscal year 2010 and
$1,181,000 in fiscal year 2011. * (The
preceding text beginning "(b) Of the TANF appropriation," was
indicated as vetoed by the governor.)
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(c) Money appropriated under
paragraphs (a) and (b) that is not spent in the first year does not cancel but
is available for the second year.
Sec. 8. SUNSET OF UNCODIFIED LANGUAGE.
All uncodified language contained in this article expires on June 30,
2009, unless a different expiration date is specified.
ARTICLE 19
HEALTH AND HUMAN SERVICES FORECAST ADJUSTMENTS
Section 1. SUMMARY OF APPROPRIATIONS; DEPARTMENT OF
HUMAN SERVICES FORECAST ADJUSTMENT.
The
dollar amounts shown are added to or, if shown in parentheses, are subtracted
from the appropriations in Laws 2007, chapter 147, 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
"2008" used in this article means that the appropriation or
appropriations listed are available for the fiscal year ending June 30, 2008. The figure "2009" used in this
article means that the appropriation or appropriations listed are available for
the fiscal year ending June 30, 2009.
Supplemental appropriations and reductions to appropriations for the
fiscal year ending June 30, 2008, are effective the day following final
enactment.
2008 2009
General $6,739,000 $52,350,000
Health Care Access (84,156,000) (96,019,000)
Federal TANF (28,427,000) (7,441,000)
Total $(105,844,000) $(51,110,000)
Sec. 2. COMMISSIONER OF HUMAN SERVICES
Subdivision 1. Total Appropriation $(105,844,000) $(51,110,000)
Appropriations by Fund
2008 2009
General 6,739,000 52,350,000
Health Care Access (84,156,000) (96,019,000)
Federal TANF (28,427,000) (7,441,000)
Subd. 2. Revenue and Pass-Through
Federal TANF 1,187,000 1,507,000
Subd. 3. Children and Economic Assistance Grants
General (4,960,000) 5,925,000
Federal TANF (29,614,000) (8,948,000)
The amounts that may be
spent from this appropriation for each purpose are as follows:
(a) MFIP/DWP Grants
General 25,139,000 11,665,000
Federal TANF (29,614,000) (8,948,000)
(b) MFIP Child Care Assistance Grants (26,141,000) (10,710,000)
(c) General Assistance Grants 2,529,000 6,033,000
(d) Minnesota Supplemental Aid Grants 299,000 500,000
(e) Group Residential Housing Grants (6,786,000) (1,563,000)
Subd. 4. Basic Health Care Grants
General 30,075,000 48,389,000
Health Care Access (84,156,000) (96,019,000)
The amounts that may be
spent from this appropriation for each purpose are as follows:
(a) MinnesotaCare
Health Care Access (84,156,000) (96,019,000)
(b) MA Basic Health Care - Families and Children 13,525,000 7,005,000
(c) MA Basic Health Care - Elderly and Disabled (2,292,000) 5,479,000
(d) General Assistance Medical Care 18,842,000 35,905,000
Subd. 5. Continuing Care Grants (18,376,000) (1,964,000)
The amounts that may be
spent from this appropriation for each purpose are as follows:
(a) MA Long-Term Care Facilities (10,986,000) (2,148,000)
(b) MA Long-Term Care Waivers (18,484,000) (13,598,000)
(c) Chemical Dependency Entitlement Grants 11,094,000 13,782,000"
Delete the title and insert:
"A bill for an act
relating to the financing of state government; making supplemental
appropriations and reductions in appropriations for early childhood through
grade 12 education, higher education, environment and natural resources,
energy, agriculture, veterans affairs, military affairs, economic development,
transportation, public safety, judiciary, state government, and health and
human services; modifying certain statutory provisions and laws; providing for
certain programs; fixing and limiting fees; authorizing rulemaking; requiring
reports; appropriating money; amending Minnesota Statutes 2006, sections
15A.0815, subdivisions 2, as amended, 3; 17.4988, subdivisions 2, 3; 41A.09,
subdivision 3a; 93.481, by adding a subdivision; 97A.475, subdivision 29;
103A.204; 103A.43; 103B.151, subdivision 1; 103G.271, subdivision 6; 103G.291,
by adding a subdivision; 103G.615, subdivision 2; 116.07, subdivision 4; 116L.04,
subdivision 1; 116L.05, subdivisions 3, 5; 116L.16; 116L.20, subdivision 2;
116U.26; 121A.19; 122A.21; 123B.59, subdivision 1; 123B.62; 124D.04,
subdivisions 3, 6, 8, 9; 124D.05, by adding a subdivision; 124D.118,
subdivision 4; 124D.55; 125A.65, subdivision 4, by adding a subdivision;
125A.76, by adding a subdivision; 126C.10, subdivision 31, by adding a
subdivision; 126C.17, subdivision 9; 126C.40, subdivision 1; 126C.45; 126C.51;
126C.52, subdivision 2, by adding a subdivision; 126C.53; 126C.55; 127A.45,
subdivision 16; 136A.101, subdivision 8; 136G.11, subdivision 1; 145.9255,
subdivision 1; 168.013, by adding a subdivision; 168.1255, by adding a
subdivision; 168A.29, as amended; 190.19, subdivision 1, by adding a
subdivision; 190.25, subdivision 3, by adding a subdivision; 192.501, by adding
subdivisions; 216C.41, subdivision 4; 256.741, subdivisions 2, 2a, 3; 256.969,
subdivisions 2b, 3a; 256B.0571, subdivisions 8, 9; 256B.0621, subdivisions 2,
6, 10; 256B.0625, subdivision 13e; 256B.0924, subdivisions 4, 6; 256B.19,
subdivision 1d; 256B.32, subdivision 1; 256B.431, subdivision 23; 256B.69,
subdivisions 5a, 6; 256B.75; 256D.44, subdivisions 2, 5; 270B.085, by adding a
subdivision; 298.223, subdivision 2; 298.28, subdivision 9d, as added; 298.292,
subdivision 2, as amended; 298.2961, subdivision 2; 299A.45, subdivision 1;
299A.705, by adding a subdivision; 325E.313; 325E.314; 357.021, subdivisions 6,
7; 446A.12, subdivision 1; 462A.22, subdivision 1; 473.1565, subdivision 3;
518A.50; 518A.53, subdivision 5; 609.531, subdivision 1; Minnesota Statutes
2007 Supplement, sections 80A.65, subdivision 1; 103G.291, subdivision 3;
116L.17, subdivision 1; 123B.54; 124D.531, subdivision 1; 125A.76, subdivision
2; 126C.44; 127A.49, subdivisions 2, 3; 136A.121, subdivision 7a; 144E.45,
subdivision 2; 171.06, subdivision 2; 190.19, subdivision 2; 216C.41,
subdivision 3; 256.741, subdivision 1; 256B.0625, subdivision 20; 256B.0631,
subdivisions 1, 3; 256B.441, subdivisions 1, 55, 56; 256B.5012, subdivision 7;
256J.621; 297I.06, subdivision 3; Laws 1999, chapter 223, article 2, section
72; Laws 2005, chapter 156, article 1, section 11, subdivision 2; Laws 2006,
chapter 282, article 2, section 27, subdivision 4; Laws 2007, chapter 45,
article 1, section 3, subdivision 4; Laws 2007, chapter 54, article 1, section
11; Laws 2007, chapter 57, article 1, section 4, subdivisions 4, 6; Laws 2007,
chapter 135, article 1, sections 3, subdivisions 2, 3; 6, subdivision 4; Laws
2007, chapter 143, article 1, section 3, subdivision 2; Laws 2007, chapter 144,
article 1, sections 3, subdivision 2; 5, subdivision 5; 7; Laws 2007, chapter
146, article 1, section 24, subdivisions 2, 3, 4, 5, 6, 7, 8; article 2,
section 46, subdivisions 2, 3, 4, 6, 9, 13, 14, 20; article 3, sections 23,
subdivision 2; 24, subdivisions 3, 4, 9; article 4, section 16, subdivisions 2,
3, 6, 8; article 5, sections 11, subdivision 1; 13, subdivisions 2, 3, 4;
article 7, section 4; article 9, section 17, subdivisions 2, 3, 4, 8, 9, 13;
Laws 2007, chapter 147, article 7, section 71; article 19, section 3,
subdivision 4; Laws 2007, chapter 148, article 1, section 12, subdivision 4;
Laws 2007, First Special Session chapter 2, article 1, sections 8, subdivision
2; 11, subdivisions 1, 2, 6; Laws 2008, chapter 152, article 1, section 6,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 5;
13B; 85; 94; 103B; 114D; 116J; 124D; 129D; 136F; 144; 173; 192; 256B; proposing
coding for new law as Minnesota Statutes, chapter 62U; repealing Minnesota
Statutes 2006, sections 126C.21, subdivision 1; 127A.45, subdivision 7a;
256.741, subdivision 15; 341.31; Laws 2004, chapter 188, section 2; Laws 2007,
First Special Session chapter 2, article 1, section 11, subdivisions 3,
4."
We request the adoption of this report and repassage of the
bill.
House Conferees: Lyndon Carlson, Mary Murphy, Jean Wagenius,
Tom Rukavina and Dennis Ozment.
Senate Conferees: Richard
J. Cohen, David J. Tomassoni, Dennis R. Frederickson, Don Betzold and Linda
Higgins.
Carlson moved that the report of the Conference Committee on
H. F. No. 1812 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
H. F. No. 1812, A bill for an act relating to the financing,
organization, and operation of state government; providing for programs in
education, early childhood education, higher education, environment and natural
resources, energy, agriculture, veterans affairs, military affairs, jobs and
economic development activities or programs, transportation, public safety,
courts, human rights, judiciary, housing, public health, health department, and
human services; modifying certain statutory provisions and laws; providing for
certain programs for economic and state affairs; regulating certain activities
and practices; regulating abortion funding; fixing and limiting fees; providing
for the taxation of certain corporations; authorizing rulemaking, requiring
studies and reports; providing civil penalties; making technical corrections;
providing for fund transfers; appropriating money or reducing appropriations;
amending Minnesota Statutes 2006, sections 3.30, subdivision 1; 3.855,
subdivision 3; 3.971, subdivision 2; 10A.071, subdivision 3; 13.32, subdivision
3, by adding a subdivision; 13.461, by adding a subdivision; 13.465,
subdivision 8; 13.851, by adding a subdivision; 15A.081, subdivision 8;
15A.0815; 16A.133, subdivision 1; 16B.281, subdivision 3; 16B.282; 16B.283;
16B.284; 16B.287, subdivision 2; 16C.16, subdivision 5; 16E.01, subdivision 3; 16E.03,
subdivision 1; 16E.04, subdivision 2; 17.4988, subdivisions 2, 3; 43A.01,
subdivision 3; 43A.17, subdivision 9; 84.788, subdivision 3; 84.82, subdivision
2, by adding a subdivision; 84.922, subdivision 2; 84.9256, subdivision 1;
85.011; 85.012, subdivisions 28, 49a; 85.013, subdivision 1; 85.054,
subdivision 3, by adding a subdivision; 86B.401, subdivision 2; 88.15,
subdivision 2; 89.715; 93.481, by adding a subdivision; 97A.055, subdivision
4b; 97A.141, subdivision 1; 103A.204; 103A.43; 103B.151, subdivision 1;
103G.291, by adding a subdivision; 103G.615, subdivision 2; 116J.423, by adding
a subdivision; 116J.8731, subdivision 4; 116L.17, by adding a subdivision;
116U.26; 119A.03, subdivision 1; 120B.131, subdivision 2; 120B.31, as amended;
120B.35, as amended; 120B.36, as amended; 120B.362; 122A.21; 123B.02,
subdivision 21; 123B.59, subdivision 1; 123B.62; 124D.04, subdivisions 3, 6, 8,
9; 124D.05, by adding a subdivision; 124D.10, subdivision 20; 124D.385,
subdivision 4; 124D.55; 125A.65, by adding a subdivision; 125A.76, by adding a
subdivision; 126C.10, subdivision 31, by adding a subdivision; 126C.17,
subdivision 9; 126C.21, subdivision 1; 126C.51; 126C.52, subdivision 2, by
adding a subdivision; 126C.53; 126C.55; 127A.45, subdivision 16; 136A.101,
subdivision 8; 136A.121, subdivision 5; 136F.90, subdivision 1; 141.25, by
adding a subdivision; 144.1222, subdivision 1a, by adding subdivisions;
144.1501, subdivision 2; 144.218, subdivision 1; 144.225, subdivision 2;
144.2252; 144.226, subdivision 1; 157.16, as amended; 168.1255, by adding a
subdivision; 171.29, subdivision 1; 190.19, subdivision 1, by adding a
subdivision; 192.501, by adding subdivisions; 197.585, subdivision 5; 216C.41,
subdivision 4; 253B.045, subdivisions 1, 2, by adding a subdivision; 253B.185,
subdivision 5; 256.01, by adding a subdivision; 256.741, subdivisions 2, 2a, 3;
256.969, subdivisions 2b, 20; 256B.0571, subdivisions 8, 9; 256B.0621,
subdivisions 2, 6, 10; 256B.0917, subdivision 8; 256B.0924, subdivisions 4, 6;
256B.19, subdivision 1d; 256B.431, subdivision 23; 256B.69, subdivisions 5a, 6,
by adding subdivisions; 256B.692, by adding a subdivision; 256D.44,
subdivisions 2, 5; 256L.12, subdivision 9; 259.89, subdivision 1; 260C.317,
subdivision 4; 268.125, subdivisions 1, 2, by adding a subdivision; 290.01,
subdivisions 5, 19c, as amended, 19d, as amended, by adding a subdivision;
290.17, subdivision 4; 298.2214, subdivisions 1, 2, as amended; 298.223,
subdivision 2; 298.28, subdivisions 9b, 9d, as added; 298.292, subdivision 2,
as amended; 298.2961, subdivision 2; 341.21, as amended; 341.23; 341.26;
341.28, as amended; 341.29; 341.30; 341.32, as amended; 341.33; 341.34,
subdivision 1; 341.35; 341.37; 349A.02, subdivision 1; 446A.12, subdivision 1;
462A.22, subdivision 1; 473.1565, subdivision 3; 518A.50; 518A.53,
subdivision 5; 609.531,
subdivision 1; Minnesota Statutes 2007 Supplement, sections 3.922, by adding a
subdivision; 10A.01, subdivision 35; 16B.328, by adding a subdivision; 80A.28,
subdivision 1; 84.8205, subdivision 1; 103G.291, subdivision 3; 116J.575,
subdivision 1a; 116L.17, subdivision 1; 120B.021, subdivision 1; 120B.024;
120B.30; 123B.143, subdivision 1; 124D.531, subdivision 1; 126C.21, subdivision
3; 126C.44; 136A.121, subdivision 7a; 136A.126; 136A.127; 136A.128, by adding a
subdivision; 136A.65, subdivisions 1, 3, 5, 6, 7; 136A.66; 136A.67; 136A.69;
136F.02, subdivision 1; 136F.03, subdivision 4; 141.25, subdivision 5; 141.28,
subdivision 1; 141.35; 144.4167, by adding a subdivision; 190.19, subdivision
2; 214.04, subdivision 3; 216C.052, subdivision 2; 216C.41, subdivision 3;
253B.185, subdivision 1b; 256.741, subdivision 1; 256B.0625, subdivision 20;
256B.0631, subdivisions 1, 3; 256B.199; 256B.434, subdivision 19; 256B.441,
subdivisions 1, 55, 56; 256J.621; 268.047, subdivisions 1, 2; 268.085,
subdivisions 3, 9, 16; 268.125, subdivision 3; 298.227; 341.22; 341.25; 341.27;
341.321; 446A.072, subdivisions 3, 5a; 446A.086; Laws 1999, chapter 223,
article 2, section 72; Laws 2006, chapter 282, article 2, section 27,
subdivision 4; Laws 2007, chapter 45, article 2, section 1; Laws 2007, chapter
54, article 1, section 11; Laws 2007, chapter 57, article 1, section 4,
subdivisions 3, 4, 6; Laws 2007, chapter 135, article 1, section 3,
subdivisions 2, 3; Laws 2007, chapter 144, article 1, sections 3, subdivisions
2, 18; 5, subdivisions 2, 5; Laws 2007, chapter 146, article 1, section 24,
subdivisions 2, 3, 4, 5, 6, 7, 8; article 2, section 46, subdivisions 2, 3, 4,
6, 9, 13; article 3, sections 23, subdivision 2; 24, subdivisions 3, 4, 9;
article 4, section 16, subdivisions 2, 3, 6, 8; article 5, section 13,
subdivisions 2, 3, 4, 5; article 7, section 4; article 9, section 17,
subdivisions 2, 3, 4, 8, 9, 13; Laws 2007, chapter 147, article 2, section 21;
article 19, section 3, subdivisions 1, 4; Laws 2007, chapter 148, article 1,
sections 7; 12, subdivision 4; Laws 2007, First Special Session chapter 2,
article 1, section 11, subdivisions 1, 2, 6; Laws 2008, chapter 152, article 1,
section 6, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 5; 13B; 16A; 43A; 115A; 116J; 120B; 121A; 124D; 127A; 136F; 144; 192;
256B; 268; 325F; 341; 446A; repealing Minnesota Statutes 2006, sections
16B.281, subdivisions 2, 4, 5; 16B.285; 84.961, subdivision 4; 85.013,
subdivision 21b; 97A.141, subdivision 2; 121A.67; 125A.16; 125A.19; 125A.20;
125A.57; 168.123, subdivision 2a; 256.741, subdivision 15; 256J.24, subdivision
6; 259.83, subdivision 3; 259.89, subdivisions 2, 3, 4, 5; 290.01, subdivision
6b; 298.28, subdivision 9a; 341.31; 645.44, subdivision 19; Minnesota Statutes
2007 Supplement, section 256.969, subdivision 27; Laws 1989, chapter 335,
article 1, section 21, subdivision 8, as amended; Laws 2004, chapter 188,
section 2; Laws 2006, chapter 263, article 3, section 16; Laws 2007, First
Special Session chapter 2, article 1, section 11, subdivisions 3, 4.
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 115 yeas
and 19 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Beard
Berns
Brod
Buesgens
Dean
DeLaForest
Emmer
Finstad
Garofalo
Hackbarth
Holberg
Hoppe
Juhnke
Kohls
Liebling
Olson
Pelowski
Peppin
The bill was repassed, as amended by Conference, and its title
agreed to.
Simon moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by Speaker pro
tempore Paulsen.
The following Conference Committee Report was received:
CONFERENCE COMMITTEE REPORT
ON H. F. NO. 3149
A bill for an act relating to the financing and operation of
state and local government; making policy, technical, administrative,
enforcement, collection, refund, clarifying, and other changes to income,
franchise, property, sales and use, minerals, wheelage, mortgage, deed, and
estate taxes, and other taxes and tax-related provisions; providing for
homestead credit state refund; providing for aids to local governments;
providing city foreclosure and deed grants; changing and providing property tax
exemptions and credits; modifying job opportunity building zone program;
modifying green acre eligibility requirements; providing aggregate resource
preservation property tax law; providing seasonal recreational property tax deferral
program; modifying eligibility for senior citizen tax deferral program;
modifying transit taxing district; modifying levies, property valuation
procedures, homestead provisions, property tax classes, and class rates;
requiring levy limits under certain contingencies; providing for and modifying
sales tax exemptions; exempting two-wheel, motorized vehicles from wheelage
tax; abolishing the political contribution refund; providing exclusion from
income for certain veterans' retirement benefits; providing credits; providing
for additional financing of metropolitan area transit and paratransit capital
expenditures; authorizing issuance of certain obligations; modifying provision
governing bonding for county libraries; changing and authorizing powers, duties,
and requirements of local governments and authorities and state departments or
agencies; modifying, extending, and authorizing certain tax increment financing
districts; authorizing and modifying local sales taxes; prohibiting the
imposition of new local sales taxes; providing federal updates; changing
accelerated sales tax; creating Surplus Lines Association of Minnesota;
creating Iron Range revitalization account; changing provisions related to data
practices and debt collection; requiring studies; providing appointments;
appropriating money; amending Minnesota Statutes 2006, sections 13.51,
subdivision 3; 13.585, subdivision 5; 16D.02, subdivisions 3, 6; 16D.04,
subdivision 2, as amended; 60A.196; 163.051, subdivision 1; 168.012,
subdivision 1, by adding a subdivision; 168.013, subdivision 1f; 168A.03,
subdivision 1; 169.01, by adding a subdivision; 169.781, subdivision 1;
216B.1612, by adding a subdivision; 216B.1646; 270A.03, subdivision 7; 270A.08,
subdivision 1;
270B.15; 270C.33,
subdivision 5; 270C.56, subdivisions 1, as amended, 3; 270C.85, subdivision 2;
272.02, subdivisions 13, 20, 21, 27, 31, 38, 49, by adding subdivisions;
272.03, subdivision 3, by adding a subdivision; 273.11, subdivisions 1, 1a, 8,
14a, 14b, by adding subdivisions; 273.111, subdivisions 3, as amended, 4, 8, 9,
11, 11a, by adding a subdivision; 273.121, as amended; 273.124, subdivisions 1,
6, 13, as amended, 21; 273.128, subdivision 1, as amended; 273.13, subdivisions
23, as amended, 24, 25, as amended, 33, 34, as added; 273.1384, subdivisions 1,
2; 274.01, subdivision 3; 274.014, subdivision 3; 274.14; 275.025, subdivisions
1, 2; 275.065, subdivisions 1c, 6, 8, 9, 10, by adding subdivisions; 275.70, by
adding a subdivision; 275.71; 276.04, subdivision 2, as amended; 282.08; 287.20,
subdivisions 3a, 9, by adding a subdivision; 289A.12, by adding a subdivision;
289A.18, subdivision 1, as amended; 289A.19, subdivision 2, by adding a
subdivision; 289A.20, subdivision 4, as amended; 289A.40, subdivision 1;
289A.50, subdivision 1; 289A.55, by adding a subdivision; 289A.60, subdivision
15, as amended, by adding a subdivision; 290.01, subdivisions 6, 6b, 19a, as
amended, 29, by adding a subdivision; 290.06, by adding subdivisions; 290.068,
subdivisions 1, 3, by adding subdivisions; 290.07, subdivision 1; 290.091,
subdivision 2, as amended; 290.21, subdivision 4; 290.92, subdivisions 1, 26,
31, as added; 290A.03, subdivision 13; 290A.04, subdivisions 2h, 3, 4, by
adding subdivisions; 290B.03, subdivision 1; 290B.04, subdivisions 1, 3, 4; 290B.05,
subdivision 1; 290B.07; 291.03, subdivision 1; 295.50, subdivision 4; 295.52,
subdivision 4, as amended; 295.53, subdivision 4a; 296A.07, subdivision 4;
296A.08, subdivision 3; 296A.16, subdivision 2; 297A.61, subdivisions 22, 29;
297A.665, as amended; 297A.67, subdivision 7, as amended; 297A.70, subdivisions
2, 8; 297A.71, subdivision 23, by adding subdivisions; 297A.75; 297A.99,
subdivision 1, as amended; 297A.995, subdivision 10, by adding subdivisions;
297B.01, subdivision 7, by adding a subdivision; 297B.03; 297F.01, subdivision
8; 297F.09, subdivision 10, as amended; 297F.21, subdivision 1; 297G.01,
subdivision 9; 297G.09, subdivision 9, as amended; 297H.09; 297I.05,
subdivision 12; 298.24, subdivision 1, as amended; 298.75, subdivisions 1, 2, 6,
7; 365A.095; 383A.80, subdivision 4; 383A.81, subdivisions 1, 2; 383B.80,
subdivision 4; 383E.20; 429.101, subdivision 1; 469.033, subdivision 6;
469.040, subdivision 4; 469.174, subdivision 10b; 469.177, subdivision 1c, by
adding a subdivision; 469.1813, subdivision 8; 469.312, by adding a
subdivision; 469.319; 469.3201; 473.39, by adding a subdivision; 473.446,
subdivisions 2, 8; 477A.011, subdivisions 34, 36, as amended, by adding
subdivisions; 477A.0124, subdivision 5; 477A.013, subdivisions 1, 8, as
amended, 9, as amended; 477A.03; Minnesota Statutes 2007 Supplement, sections
115A.1314, subdivision 2; 268.19, subdivision 1; 273.1231, subdivision 7, by
adding a subdivision; 273.1232, subdivision 1; 273.1233, subdivisions 1, 3;
273.1234; 273.1235, subdivisions 1, 3; 273.124, subdivision 14; 273.1393;
275.065, subdivisions 1, 1a, 3; 290.01, subdivision 19b, as amended; 298.227;
Laws 1991, chapter 291, article 8, section 27, subdivisions 3, as amended, 4,
as amended; Laws 1995, chapter 264, article 5, section 46, subdivision 2; Laws
2003, chapter 127, article 10, section 31, subdivision 1; Laws 2006, chapter
259, article 10, section 14, subdivision 1; Laws 2008, chapter 154, article 2,
section 11; article 3, section 7; article 9, sections 23; 24; proposing coding
for new law in Minnesota Statutes, chapters 60A; 116J; 169; 216F; 273; 298;
373; 383C; 383D; 383E; 469; proposing coding for new law as Minnesota Statutes,
chapter 290D; repealing Minnesota Statutes 2006, sections 10A.322, subdivision
4; 273.11, subdivision 14; 273.111, subdivision 6; 290.06, subdivision 23;
290.191, subdivision 4; 290A.04, subdivisions 2, 2b; 473.4461; 477A.014,
subdivision 5; Minnesota Statutes 2007 Supplement, section 477A.014,
subdivision 4; Laws 2005, First Special Session chapter 3, article 5, section
24; Minnesota Rules, parts 8031.0100, subpart 3; 8093.2100.
May
18, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 3149 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No.
3149 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
HOMEOWNER PROPERTY TAX
REFUND
Section 1. Minnesota Statutes 2006, section 290A.04,
subdivision 2, is amended to read:
Subd. 2. Homeowners. A claimant whose property taxes payable are
in excess of the percentage of the household income stated below shall pay an
amount equal to the percent of income shown for the appropriate household
income level along with the percent to be paid by the claimant of the remaining
amount of property taxes payable. The
state refund equals the amount of property taxes payable that remain, up to the
state refund amount shown below.
Household
Income Percent of Income Percent Paid by Claimant Maximum State Refund
$0 to 1,189 1.0
percent 15
percent $1,450
$1,850
1,190 to 2,379 1.1
percent 15
percent $1,450
$1,850
2,380 to 3,589 1.2
percent 15
percent $1,410
$1,800
3,590 to 4,789 1.3
percent 20
percent $1,410
$1,800
4,790 to 5,979 1.4
percent 20
percent $1,360
$1,730
5,980 to 8,369 1.5
percent 20
percent $1,360
$1,730
8,370 to 9,559 1.6
percent 25
percent $1,310
$1,670
9,560 to 10,759 1.7
percent 25
percent $1,310
$1,670
10,760 to 11,949 1.8
percent 25
percent $1,260
$1,610
11,950 to 13,139 1.9
percent 30
percent $1,260
$1,610
13,140 to 14,349 2.0
percent 30
percent $1,210
$1,540
14,350 to 16,739 2.1
percent 30
percent $1,210
$1,540
16,740 to 17,929 2.2
percent 35
percent $1,160
$1,480
17,930 to 19,119 2.3
percent 35
percent $1,160
$1,480
19,120 to 20,319 2.4
percent 35
percent $1,110
$1,420
20,320 to 25,099 2.5
percent 40
percent $1,110
$1,420
25,100 to 28,679 2.6
percent 40
percent $1,070
$1,360
28,680 to 35,849 2.7
percent 40
percent $1,070
$1,360
35,850 to 41,819 2.8
percent 45
percent $970
$1,240
41,820 to 47,799 3.0
percent 45
percent $970
$1,240
47,800 to 53,779 3.2
percent 45
percent $870
$1,110
53,780 to 59,749 3.5
percent 50
percent $780
$990
59,750 to 65,729 4.0
3.5 percent 50
percent $680
$870
65,730 to 69,319 4.0
3.5 percent 50
percent $580
$740
69,320 to 71,719 4.0
3.5 percent 50
percent $480
$610
71,720 to 74,619 4.0
3.5 percent 50
percent $390
$500
74,620 to 77,519 4.0
3.5 percent 50
percent $290
$370
The payment made to a claimant shall be the amount of the state
refund calculated under this subdivision.
No payment is allowed if the claimant's household income is $77,520 or
more.
EFFECTIVE DATE. This section is effective beginning with refunds based on
property taxes payable in 2009.
Sec. 2. TAXPAYER ASSISTANCE SERVICES; PROPERTY
TAX REFUND.
(a) $100,000 in fiscal year 2009 is appropriated
from the general fund to the commissioner of revenue to make grants to one or
more nonprofit organizations, qualifying under section 501(c)(3) of the
Internal Revenue Code of 1986, to coordinate, facilitate, encourage, and aid in
the provision of taxpayer assistance services.
The commissioner must award grants under this section so as to increase
the availability of taxpayer assistance services after April 15, to assist
homeowners in filing claims for the property tax refund, and to increase
participation in the program. This
appropriation is onetime and is not added to the agency's base budget.
(b) "Taxpayer assistance services" means
accounting and tax preparation services provided by volunteers to low-income
and disadvantaged Minnesota residents to help them file federal and state
income tax returns, Minnesota property tax refund claims, and may include
provision of personal representation before the Department of Revenue and
Internal Revenue Service.
ARTICLE 2
AIDS TO LOCAL GOVERNMENTS
Section 1.
Minnesota Statutes 2006, section 477A.011, subdivision 34, is amended to
read:
Subd. 34. City revenue need. (a) For a city with a population equal to or
greater than 2,500, "city revenue need" is the sum of (1) 5.0734098
times the pre-1940 housing percentage; plus (2) 19.141678 times the population
decline percentage; plus (3) 2504.06334 times the road accidents factor; plus
(4) 355.0547; minus (5) the metropolitan area factor; minus (6) 49.10638 times
the household size.
(b) For a city with a population less than 2,500,
"city revenue need" is the sum of (1) 2.387 times the pre-1940
housing percentage; plus (2) 2.67591 times the commercial industrial
percentage; plus (3) 3.16042 times the population decline percentage; plus (4)
1.206 times the transformed population; minus (5) 62.772.
(c) For a city with a population of 2,500 or more
and a population in one of the most recently available five years that was less
than 2,500, "city revenue need" is the sum of (1) its city revenue
need calculated under paragraph (a) multiplied by its transition factor; plus
(2) its city revenue need calculated under the formula in paragraph (b)
multiplied by the difference between one and its transition factor. For purposes of this paragraph, a city's
"transition factor" is equal to 0.2 multiplied by the number of years
that the city's population estimate has been 2,500 or more. This provision only applies for aids payable
in calendar years 2006 to 2008 to cities with a 2002 population of less than 2,500. It applies to any city for aids payable in
2009 and thereafter. The city
revenue need under this paragraph may not be less than 285.
(d) The city revenue need cannot be less than zero.
(e) For calendar year 2005 and subsequent years, the
city revenue need for a city, as determined in paragraphs (a) to (d), is
multiplied by the ratio of the annual implicit price deflator for government
consumption expenditures and gross investment for state and local governments
as prepared by the United States Department of Commerce, for the most recently
available year to the 2003 implicit price deflator for state and local
government purchases.
EFFECTIVE DATE. This section is effective for aids payable in calendar year
2009 and thereafter.
Sec. 2.
Minnesota Statutes 2006, section 477A.011, subdivision 36, as amended by
Laws 2008, chapter 154, article 1, section 1, is amended to read:
Subd. 36. City aid base. (a) Except as otherwise provided in this
subdivision, "city aid base" is zero.
(b) The city aid base for any city with a population
less than 500 is increased by $40,000 for aids payable in calendar year 1995
and thereafter, and the maximum amount of total aid it may receive under
section 477A.013, subdivision 9, paragraph (c), is also increased by $40,000
for aids payable in calendar year 1995 only, provided that:
(i) the average total tax capacity rate for taxes
payable in 1995 exceeds 200 percent;
(ii) the city portion of the tax capacity rate
exceeds 100 percent; and
(iii) its city aid base is less than $60 per capita.
(c) The city aid base for a city is increased by
$20,000 in 1998 and thereafter and the maximum amount of total aid it may
receive under section 477A.013, subdivision 9, paragraph (c), is also increased
by $20,000 in calendar year 1998 only, provided that:
(i) the city has a population in 1994 of 2,500 or
more;
(ii) the city is located in a county, outside of the
metropolitan area, which contains a city of the first class;
(iii) the city's net tax capacity used in
calculating its 1996 aid under section 477A.013 is less than $400 per capita;
and
(iv) at least four percent of the total net tax
capacity, for taxes payable in 1996, of property located in the city is
classified as railroad property.
(d) The city aid base for a city is increased by
$200,000 in 1999 and thereafter and the maximum amount of total aid it may
receive under section 477A.013, subdivision 9, paragraph (c), is also increased
by $200,000 in calendar year 1999 only, provided that:
(i) the city was incorporated as a statutory city
after December 1, 1993;
(ii) its city aid base does not exceed $5,600; and
(iii) the city had a population in 1996 of 5,000 or
more.
(e) The city aid base for a city is increased by
$450,000 in 1999 to 2008 and the maximum amount of total aid it may receive under
section 477A.013, subdivision 9, paragraph (c), is also increased by $450,000
in calendar year 1999 only, provided that:
(i) the city had a population in 1996 of at least
50,000;
(ii) its population had increased by at least 40
percent in the ten-year period ending in 1996; and
(iii) its city's net tax capacity for aids payable
in 1998 is less than $700 per capita.
(f) (e) The city aid base for a city is increased by
$150,000 for aids payable in 2000 and thereafter, and the maximum amount of total
aid it may receive under section 477A.013, subdivision 9, paragraph (c), is
also increased by $150,000 in calendar year 2000 only, provided that:
(1) the city has a population that is greater than
1,000 and less than 2,500;
(2) its commercial and industrial percentage for
aids payable in 1999 is greater than 45 percent; and
(3) the total market value of all commercial and
industrial property in the city for assessment year 1999 is at least 15 percent
less than the total market value of all commercial and industrial property in
the city for assessment year 1998.
(g) (f) The city aid base for a city is increased by
$200,000 in 2000 and thereafter, and the maximum amount of total aid it may
receive under section 477A.013, subdivision 9, paragraph (c), is also increased
by $200,000 in calendar year 2000 only, provided that:
(1) the city had a population in 1997 of 2,500 or
more;
(2) the net tax capacity of the city used in
calculating its 1999 aid under section 477A.013 is less than $650 per capita;
(3) the pre-1940 housing percentage of the city used
in calculating 1999 aid under section 477A.013 is greater than 12 percent;
(4) the 1999 local government aid of the city under
section 477A.013 is less than 20 percent of the amount that the formula aid of
the city would have been if the need increase percentage was 100 percent; and
(5) the city aid base of the city used in
calculating aid under section 477A.013 is less than $7 per capita.
(h) (g) The city aid base for a city is increased by $102,000
in 2000 and thereafter, and the maximum amount of total aid it may receive
under section 477A.013, subdivision 9, paragraph (c), is also increased by
$102,000 in calendar year 2000 only, provided that:
(1) the city has a population in 1997 of 2,000 or
more;
(2) the net tax capacity of the city used in
calculating its 1999 aid under section 477A.013 is less than $455 per capita;
(3) the net levy of the city used in calculating
1999 aid under section 477A.013 is greater than $195 per capita; and
(4) the 1999 local government aid of the city under
section 477A.013 is less than 38 percent of the amount that the formula aid of
the city would have been if the need increase percentage was 100 percent.
(i) (h) The city aid base for a city is increased by
$32,000 in 2001 and thereafter, and the maximum amount of total aid it may
receive under section 477A.013, subdivision 9, paragraph (c), is also increased
by $32,000 in calendar year 2001 only, provided that:
(1) the city has a population in 1998 that is
greater than 200 but less than 500;
(2) the city's revenue need used in calculating aids
payable in 2000 was greater than $200 per capita;
(3) the city net tax capacity for the city used in
calculating aids available in 2000 was equal to or less than $200 per capita;
(4) the city aid base of the city used in
calculating aid under section 477A.013 is less than $65 per capita; and
(5) the city's formula aid for aids payable in 2000
was greater than zero.
(j) (i) The city aid base for a city is increased by $7,200
in 2001 and thereafter, and the maximum amount of total aid it may receive
under section 477A.013, subdivision 9, paragraph (c), is also increased by
$7,200 in calendar year 2001 only, provided that:
(1) the city had a population in 1998 that is
greater than 200 but less than 500;
(2) the city's commercial industrial percentage used
in calculating aids payable in 2000 was less than ten percent;
(3) more than 25 percent of the city's population
was 60 years old or older according to the 1990 census;
(4) the city aid base of the city used in
calculating aid under section 477A.013 is less than $15 per capita; and
(5) the city's formula aid for aids payable in 2000
was greater than zero.
(k) (j) The city aid base for a city is increased by
$45,000 in 2001 and thereafter and by an additional $50,000 in calendar years
2002 to 2011, and the maximum amount of total aid it may receive under section
477A.013, subdivision 9, paragraph (c), is also increased by $45,000 in
calendar year 2001 only, and by $50,000 in calendar year 2002 only, provided
that:
(1) the net tax capacity of the city used in
calculating its 2000 aid under section 477A.013 is less than $810 per capita;
(2) the population of the city declined more than
two percent between 1988 and 1998;
(3) the net levy of the city used in calculating
2000 aid under section 477A.013 is greater than $240 per capita; and
(4) the city received less than $36 per capita in
aid under section 477A.013, subdivision 9, for aids payable in 2000.
(l) (k) The city aid base for a city with a population of
10,000 or more which is located outside of the seven-county metropolitan area
is increased in 2002 and thereafter, and the maximum amount of total aid it may
receive under section 477A.013, subdivision 9, paragraph (b) or (c), is also
increased in calendar year 2002 only, by an amount equal to the lesser of:
(1)(i) the total population of the city, as
determined by the United States Bureau of the Census, in the 2000 census, (ii)
minus 5,000, (iii) times 60; or
(2) $2,500,000.
(m) (l) The city aid base is increased by $50,000 in 2002
and thereafter, and the maximum amount of total aid it may receive under
section 477A.013, subdivision 9, paragraph (c), is also increased by $50,000 in
calendar year 2002 only, provided that:
(1) the city is located in the seven-county
metropolitan area;
(2) its population in 2000 is between 10,000 and
20,000; and
(3) its commercial industrial percentage, as
calculated for city aid payable in 2001, was greater than 25 percent.
(n) (m) The city aid base for a city is increased by
$150,000 in calendar years 2002 to 2011 and by an additional $75,000 in
calendar years 2009 to 2014 and the maximum amount of total aid it may receive
under section 477A.013, subdivision 9, paragraph (c), is also increased by
$150,000 in calendar year 2002 only and by $75,000 in calendar year 2009 only,
provided that:
(1) the city had a population of at least 3,000 but
no more than 4,000 in 1999;
(2) its home county is located within the
seven-county metropolitan area;
(3) its pre-1940 housing percentage is less than 15
percent; and
(4) its city net tax capacity per capita for taxes
payable in 2000 is less than $900 per capita.
(o) (n) The city aid base for a city is increased by
$200,000 beginning in calendar year 2003 and the maximum amount of total aid it
may receive under section 477A.013, subdivision 9, paragraph (c), is also
increased by $200,000 in calendar year 2003 only, provided that the city qualified
for an increase in homestead and agricultural credit aid under Laws 1995,
chapter 264, article 8, section 18.
(p) (o) The city aid base for a city is increased by
$200,000 in 2004 only and the maximum amount of total aid it may receive under
section 477A.013, subdivision 9, is also increased by $200,000 in calendar year
2004 only, if the city is the site of a nuclear dry cask storage facility.
(q) (p) The city aid base for a city is increased by
$10,000 in 2004 and thereafter and the maximum total aid it may receive under
section 477A.013, subdivision 9, is also increased by $10,000 in calendar year
2004 only, if the city was included in a federal major disaster designation
issued on April 1, 1998, and its pre-1940 housing stock was decreased by more than
40 percent between 1990 and 2000.
(r) (q) The city aid base for a city is increased by
$30,000 in 2009 and thereafter and the maximum total aid it may receive under
section 477A.013, subdivision 9, is also increased by $25,000 in calendar year
2006 only if the city had a population in 2003 of at least 1,000 and has a
state park for which the city provides rescue services and which comprised at
least 14 percent of the total geographic area included within the city
boundaries in 2000.
(s) The city aid base for a city with a population
less than 5,000 is increased in 2006 and thereafter and the minimum and maximum
amount of total aid it may receive under this section is also increased in
calendar year 2006 only by an amount equal to $6 multiplied by its population.
(t) (r) The city aid base for a city is increased by
$80,000 in 2009 and thereafter and the minimum and maximum amount of total aid
it may receive under section 477A.013, subdivision 9, is also increased by
$80,000 in calendar year 2009 only, if:
(1) as of May 1, 2006, at least 25 percent of the
tax capacity of the city is proposed to be placed in trust status as tax-exempt
Indian land;
(2) the placement of the land is being challenged
administratively or in court; and
(3) due to the challenge, the land proposed to be
placed in trust is still on the tax rolls as of May 1, 2006.
(u) (s) The city aid base for a city is increased by
$100,000 in 2007 and thereafter and the minimum and maximum total amount of aid
it may receive under this section is also increased in calendar year 2007 only,
provided that:
(1) the city has a 2004 estimated population greater
than 200 but less than 2,000;
(2) its city net tax capacity for aids payable in
2006 was less than $300 per capita;
(3) the ratio of its pay 2005 tax levy compared to
its city net tax capacity for aids payable in 2006 was greater than 110
percent; and
(4) it is located in a county where at least 15,000
acres of land are classified as tax-exempt Indian reservations according to the
2004 abstract of tax-exempt property.
(v) (t) The city aid base for a city is increased by
$30,000 in 2009 only, and the maximum total aid it may receive under section
477A.013, subdivision 9, is also increased by $30,000 in calendar year 2009,
only if the city had a population in 2005 of less than 3,000 and the city's
boundaries as of 2007 were formed by the consolidation of two cities and one
township in 2002.
(u) The city aid base for a city is increased by
$100,000 in 2009 and thereafter, and the maximum total aid it may receive under
section 477A.013, subdivision 9, is also increased by $100,000 in calendar year
2009 only, if the city had a city net tax capacity for aids payable in 2007 of
less than $150 per capita and the city experienced flooding on March 14, 2007,
that resulted in evacuation of at least 40 homes.
(v) The city aid base for a city is increased by
$100,000 in 2009 to 2013, and the maximum total aid it may receive under
section 477A.013, subdivision 9, is also increased by $100,000 in calendar year
2009 only, if the city:
(1) is located outside of the Minneapolis-St. Paul
standard metropolitan statistical area;
(2) has a 2005 population greater than 7,000 but
less than 8,000; and
(3) has a 2005 net tax capacity per capita of less
than $500.
(w) The city aid base is increased by $25,000 in
calendar years 2009 to 2013 and the maximum amount of total aid it may receive
under section 477A.013, subdivision 9, is increased by $25,000 in calendar year
2009 only, provided that:
(1) the city is located in the seven-county
metropolitan area;
(2) its population in 2006 is less than 200; and
(3) the percentage of its housing stock built before
1940, according to the 2000 United States Census, is greater than 40 percent.
(x) The city aid base is increased by $90,000 in
calendar year 2009 only and the minimum and maximum total amount of aid it may
receive under section 477A.013, subdivision 9, is also increased by $90,000 in
calendar year 2009 only, provided that the city is located in the seven-county
metropolitan area, has a 2006 population between 5,000 and 7,000 and has a 1997
population of over 7,000.
EFFECTIVE DATE. This section is effective for aids payable in calendar year
2009 and thereafter.
Sec. 3.
Minnesota Statutes 2006, section 477A.011, is amended by adding a
subdivision to read:
Subd. 41. Small city aid base. (a) "Small city aid base" for a
city with a population less than 5,000 is equal to $8.50 multiplied by its
population. The small city aid base for
all other cities is equal to zero.
(b) For calendar year 2010 and subsequent years, the
small city aid base for a city, as determined in paragraph (a), is multiplied
by the ratio of the appropriation under section 477A.03, subdivision 2a, for
the year in which the aid is paid to the appropriation under that section for
aids payable in 2009.
EFFECTIVE DATE. This section is effective for aids payable in calendar year
2009 and thereafter.
Sec. 4.
Minnesota Statutes 2006, section 477A.011, is amended by adding a
subdivision to read:
Subd. 42. City jobs base. (a) "City jobs base" for a city
with a population of 5,000 or more is equal to the product of (1) $25.20, (2)
the number of jobs per capita in the city, and (3) its population. For cities with a population less than
5,000, the city jobs base is equal to zero.
For a city receiving aid under section 477A.011, subdivision 36,
paragraph (l), its city jobs base is reduced by the lesser of 36 percent of the
amount of aid received under that paragraph or $1,000,000. No city's city jobs base may exceed
$4,725,000 under this paragraph.
(b) For calendar year 2010 and subsequent years, the
city jobs base for a city, as determined in paragraph (a), is multiplied by the
ratio of the appropriation under section 477A.03, subdivision 2a, for the year
in which the aid is paid to the appropriation under that section for aids
payable in 2009.
(c) For purposes of this subdivision, "jobs per
capita in the city" means (1) the average annual number of employees in
the city based on the data from the Quarterly Census of Employment and Wages,
as reported by the Department of Employment and Economic Development, for the
most recent calendar year available as of May 1, 2008, divided by (2) the
city's population for the same calendar year as the employment data. The commissioner of the Department of
Employment and Economic Development shall certify to the city the average
annual number of employees for each city by June 1, 2008. A city may challenge an estimate under this
paragraph by filing its specific objection, including the names of employers
that it feels may have misreported data, in writing with the commissioner by
June 20, 2008. The commissioner shall
make every reasonable effort to address the specific objection and adjust the
data as necessary. The commissioner
shall certify the estimates of the annual employment to the commissioner of
revenue by July 15, 2008, including any estimates still under objection.
EFFECTIVE DATE. This section is effective for aids payable in calendar year
2009 and thereafter.
Sec. 5.
Minnesota Statutes 2006, section 477A.011, is amended by adding a
subdivision to read:
Subd. 43. Unmet need. "Unmet need" for a city is
equal to the difference between (1) its city revenue need multiplied by its
population, and (2) its city net tax capacity multiplied by the tax effort
rate.
EFFECTIVE DATE. This section is effective for aids payable in calendar year
2009 and thereafter.
Sec. 6.
Minnesota Statutes 2006, section 477A.0124, subdivision 5, is amended to
read:
Subd. 5. County transition aid. (a) For 2005, a county is eligible for
transition aid equal to the amount, if any, by which:
(1) the difference between:
(i) the aid the county received under subdivision 1
in 2004, divided by the total aid paid to all counties under subdivision 1,
multiplied by $205,000,000; and
(ii) the amount of aid the county is certified to
receive in 2005 under subdivisions 3 and 4;
exceeds:
(2) three percent of the county's adjusted net tax
capacity.
A county's aid under this
paragraph may not be less than zero.
(b) In 2006, a county is eligible to receive
two-thirds of the transition aid it received in 2005.
(c) In 2007, For 2009 and each year thereafter, a county
is eligible to receive one-third of the transition aid it received in 2005
2007.
(d) No county shall receive aid under this
subdivision after 2007.
(b) In 2009 only, a county with (1) a 2006
population less than 30,000, and (2) an average Part I crimes per capita
greater than 3.9 percent based on factors used in determining county program
aid payable in 2008, shall receive $100,000.
EFFECTIVE DATE. This section is effective for aids payable in 2009 and
thereafter.
Sec. 7.
Minnesota Statutes 2006, section 477A.013, subdivision 8, as amended by
Laws 2008, chapter 154, article 1, section 2, is amended to read:
Subd. 8. City formula aid. (a) In calendar year 2009, the formula
aid for a city is equal to the sum of (1) its city jobs base, (2) its small
city aid base, and (3) the need increase percentage multiplied by its unmet
need.
(b) In calendar year 2004 2010 and
subsequent years, the formula aid for a city is equal to the need increase
percentage multiplied by the difference between (1) the city's revenue need
multiplied by its population, and (2) the sum of the city's net tax capacity
multiplied by the tax effort rate. the sum of (1) its city jobs base,
(2) its small city aid base, and (3) the need increase percentage multiplied by
the average of its unmet need for the most recently available two years.
No city may have a formula
aid amount less than zero. The need
increase percentage must be the same for all cities.
The applicable need increase percentage must be
calculated by the Department of Revenue so that the total of the aid under
subdivision 9 equals the total amount available for aid under section 477A.03 after
the subtraction under section 477A.014, subdivisions 4 and 5. For aids payable in 2009 only, all data
used in calculating aid to cities under sections 477A.011 to 477A.013 will be
based on the data available for calculating aid to cities for aids payable in
2008. For aids payable in 2010 and
thereafter, data used in calculating aids to cities under sections 477A.011 to
477A.013 shall be the most recently available data as of January 1 in the year
in which the aid is calculated.
EFFECTIVE DATE. This section is effective for aids payable in calendar year
2009 and thereafter, provided that the appropriation increase for aids payable
in 2009 under section 477A.03, subdivision 2a, goes into effect.
Sec. 8.
Minnesota Statutes 2006, section 477A.013, subdivision 9, as amended by
Laws 2008, chapter 154, article 1, section 3, is amended to read:
Subd. 9. City aid distribution. (a) In calendar year 2009 and thereafter,
each city shall receive an aid distribution equal to the sum of (1) the city
formula aid under subdivision 8, and (2) its city aid base, and (3)
one-half of the difference between its total aid in the previous year under
this subdivision and its city aid base in the previous year.
(b) For aids payable in 2010 and thereafter, each
city shall receive an aid distribution equal to (1) the city aid formula under
subdivision 8, (2) its city aid base, and (3) its formula aid under subdivision
8 in the previous year, prior to any adjustments under this subdivision
2009 only, the total aid for any city shall not exceed the sum of (1) 35
percent of the city's net levy for the year prior to the aid distribution, plus
(2) its total aid in the previous year.
(c) For aids payable in 2009 2010 and
thereafter, the total aid for any city shall not exceed the sum of (1) ten
percent of the city's net levy for the year prior to the aid distribution plus
(2) its total aid in the previous year.
For aids payable in 2009 and thereafter, the total aid for any city with
a population of 2,500 or more may not be less than its total aid under this
section in the previous year minus the lesser of $15 $10
multiplied by its population, or ten percent of its net levy in the year prior
to the aid distribution.
(d) For aids payable in 2009 2010 and
thereafter, the total aid for a city with a population less than 2,500 must not
be less than the amount it was certified to receive in the previous year minus
the lesser of $15 $10 multiplied by its population, or five
percent of its 2003 certified aid amount.
For aids payable in 2009 only, the total aid for a city with a
population less than 2,500 must not be less than what it received under this
section in the previous year unless its total aid in calendar year 2008 was aid
under section 477A.011, subdivision 36, paragraph (s), in which case its
minimum aid is zero.
(e) A city's aid loss under this section may not
exceed $300,000 in any year in which the total city aid appropriation under
section 477A.03, subdivision 2a, is equal or greater than the appropriation
under that subdivision in the previous year, unless the city has an adjustment
in its city net tax capacity under the process described in section 469.174,
subdivision 28.
(f) If a city's net tax capacity used in calculating aid
under this section has decreased in any year by more than 25 percent from its
net tax capacity in the previous year due to property becoming tax-exempt
Indian land, the city's maximum allowed aid increase under paragraph (c) shall
be increased by an amount equal to (1) the city's tax rate in the year of the
aid calculation, multiplied by (2) the amount of its net tax capacity decrease
resulting from the property becoming tax exempt.
EFFECTIVE DATE. This section is effective for aids payable in calendar year
2009 and thereafter, provided that the appropriation increase for aids payable
in 2009 under section 477A.03, subdivision 2a, goes into effect.
Sec. 9.
Minnesota Statutes 2006, section 477A.03, is amended to read:
477A.03 APPROPRIATION.
Subd. 2. Annual appropriation. A sum sufficient to discharge the duties
imposed by sections 477A.011 to 477A.014 is annually appropriated from the
general fund to the commissioner of revenue.
Subd. 2a. Cities. For aids payable in 2004 2009 and thereafter, the
total aids aid paid under section 477A.013, subdivision 9, are
limited to $429,000,000 is $526,148,487, subject to adjustment in
subdivision 5. For aids payable
in 2005, the total aids paid under section 477A.013, subdivision 9, are limited
to $437,052,000. For aids payable in
2006 and thereafter, the total aids paid under section 477A.013, subdivision 9,
is limited to $485,052,000.
Subd. 2b. Counties. (a) For aids payable in calendar year 2005 and thereafter, the
total aids paid to counties under section 477A.0124, subdivision 3, are limited
to $100,500,000. For aids
payable in 2009 and thereafter, the total aid payable under section 477A.0124,
subdivision 3, is $111,500,000 minus one-half of the total aid amount
determined under section 477A.0124, subdivision 5, paragraph (b), subject to
adjustment in subdivision 5. Each
calendar year, $500,000 shall be retained by the commissioner of revenue to
make reimbursements to the commissioner of finance for payments made under section
611.27. For calendar year 2004, the
amount shall be in addition to the payments authorized under section 477A.0124,
subdivision 1. For calendar year 2005
and
subsequent years, the amount shall be deducted from
the appropriation under this paragraph. The reimbursements shall be to defray the additional costs
associated with court-ordered counsel under section 611.27. Any retained amounts not used for
reimbursement in a year shall be included in the next distribution of county
need aid that is certified to the county auditors for the purpose of property
tax reduction for the next taxes payable year.
(b) For aids payable in 2005 2009 and
thereafter, the total aids aid under section 477A.0124,
subdivision 4, are limited to $105,000,000 is $116,132,923 minus
one-half of the total aid amount determined under section 477A.0124,
subdivision 5, paragraph (b), subject to adjustment in subdivision 5. For aids payable in 2006 and thereafter,
the total aid under section 477A.0124, subdivision 4, is limited to $105,132,923. The commissioner of finance shall bill
the commissioner of revenue for the cost of preparation of local impact notes
as required by section 3.987, not to exceed $207,000 in fiscal year 2004 and
thereafter. The commissioner of
education shall bill the commissioner of revenue for the cost of preparation of
local impact notes for school districts as required by section 3.987, not to
exceed $7,000 in fiscal year 2004 and thereafter. The commissioner of revenue shall deduct the amounts billed under
this paragraph from the appropriation under this paragraph. The amounts deducted are appropriated to the
commissioner of finance and the commissioner of education for the preparation
of local impact notes.
Subd. 5. Aid adjustments. For aids payable in 2010, the aid amounts
contained in subdivisions 2a and 2b are increased by two percent. For aids payable in 2011 and thereafter, the
aids amounts contained in subdivisions 2a and 2b are equal to 104 percent of the
amounts for aids payable in 2010 under this section.
EFFECTIVE DATE. This section is effective for aids payable in calendar year
2009 and thereafter.
Sec. 10. [477A.16] UTILITY VALUATION TRANSITION
AID.
Subdivision 1. Definitions. (a) When used in this section, the
following terms have the meanings indicated in this subdivision.
(b) "Local unit" means a home rule charter
or statutory city, or a town.
(c) "Old rule utility net tax capacity"
means the net tax capacity of all public utility property within the local
unit's taxing jurisdiction for assessment year 2007, calculated as if the
property were valued under valuation rules in effect prior to assessment year
2007.
(d) "New rule utility net tax capacity"
means the net tax capacity of all public utility property within the local unit's
taxing jurisdiction for assessment year 2007, calculated as if the property
were valued under valuation rules in effect for assessment year 2007, but
without the phase-in provisions of Minnesota Rules, part 8100.0800.
(e) "Modified net tax capacity" means the
local unit's net tax capacity for taxes payable in 2008, modified by
substituting the old rule utility net tax capacity for the actual net tax
capacity of utility property. Modified
net tax capacity must be determined by the commissioner of revenue based on
information and data available to the commissioner as of July 1, 2008.
(f) "Net tax capacity differential" means
the positive difference, if any, by which the local unit's old rule utility net
tax capacity exceeds its new rule utility net tax capacity.
(g) "Current year net tax capacity
differential" means the positive difference, if any, by which the local
unit's old rule utility net tax capacity exceeds its total tax capacity of
utility property for taxes payable in the current year.
Subd. 2. Aid eligibility; payment. (a) If the net tax capacity differential
of the local unit exceeds four percent of its modified net tax capacity, the
local unit is eligible for transition aid computed under paragraphs (b) and
(c).
(b) For aids payable in 2009, transition aid under
this section for an eligible local unit equals 50 percent of (1) the net
tax capacity differential, times (2) the jurisdiction's tax rate for taxes
payable in 2008.
(c) For aids payable in 2010 and thereafter,
transition aid under this section for an eligible local unit equals
(1) the current year net tax capacity differential for taxes payable in
the year preceding the aid distribution year, times (2) the jurisdiction's tax
rate for taxes payable in 2008.
(c) The commissioner of revenue shall compute the
amount of transition aid payable to each local unit under this section. On or before August 1 of each year, the
commissioner shall certify the amount of transition aid computed for aids payable
in the following year for each recipient local unit. The commissioner shall pay transition aid to local units annually
at the times provided in section 477A.015.
Subd. 3. Appropriation. An amount sufficient to pay transition
aid under this section is annually appropriated to the commissioner of revenue
from the general fund.
EFFECTIVE DATE. This section is effective for aids payable in 2009 and
thereafter.
Sec. 11. STATE PARKS LOCATED ON LAKE VERMILION;
DISTRIBUTION OF PAYMENTS IN LIEU OF TAXES.
(a) Notwithstanding Minnesota Statutes, section
477A.14, payments in lieu of taxation under Minnesota Statutes, sections
477A.11 to 477A.145, for the land included in any state park located in whole
or in part on the shores of Lake Vermilion must be distributed to the taxing
jurisdictions containing the property as follows: one-third to the school district, one-third to the township, and
one-third to the county. Each of those
taxing jurisdictions may use the payments for their general purposes.
(b) Notwithstanding Minnesota Statutes, section
477A.11, the payments for all lands described in paragraph (a) must be made at
the rate set for acquired natural resources land.
Sec. 12. STUDY OF AIDS TO LOCAL GOVERNMENTS.
The chairs of the senate and house of
representatives committees with jurisdiction over taxes shall each appoint five
members to a study group of the tax committees to examine the current system of
aids to local governments and make recommendations on improvements to the
system. Of the five members appointed
by each chair, two must be members of the tax committee, one of whom is a
majority party member and one of whom is a minority party member. The remaining members must represent local
units of government. The chairs of the
divisions of the tax committees having jurisdiction over property taxes shall
also be members and shall serve as cochairs of the study group. The study shall include, but not be limited
to, consideration of existing disparities in the distribution of local government
aid, an analysis of current law need and capacity factors as well as
alternative need factors, alternative analytical methods for determining
correlations between factors and need, the formula used to calculate aid for
small cities, and volatility in the local government aid distribution. The group must report on its specific
recommendations to the legislature by December 15, 2010.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 13. OUT-OF-HOME PLACEMENT AID.
In calendar year 2009 only, $500,000 shall be
distributed to any county in which (1) the 2006 estimated population exceeds
30,000, and (2) the 2006 percentage of households receiving food stamps exceeds
15 percent, based on data used in computing county program aids for aids
payable in 2008 and the 2006 estimated household
count according to the state demographer. The aid must be used to meet the county's
cost of out-of-home placement programs. $500,000 is appropriated to the
commissioner of revenue from the general fund to make the payment authorized
under this section. The payment must be
made prior to June 30, 2009.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 14. REPEALER.
Minnesota Statutes 2006, section 477A.014,
subdivision 5, and Minnesota Statutes 2007 Supplement, section 477A.014,
subdivision 4, are repealed.
EFFECTIVE DATE. This section is effective for aid payable in 2009 and
thereafter.
ARTICLE 3
LEVY LIMITS
Section 1.
Minnesota Statutes 2006, section 275.70, subdivision 5, is amended to
read:
Subd. 5. Special levies. "Special levies" means those
portions of ad valorem taxes levied by a local governmental unit for the
following purposes or in the following manner:
(1) to pay the costs of the principal and interest
on bonded indebtedness or to reimburse for the amount of liquor store revenues
used to pay the principal and interest due on municipal liquor store bonds in
the year preceding the year for which the levy limit is calculated;
(2) to pay the costs of principal and interest on certificates
of indebtedness issued for any corporate purpose except for the following:
(i) tax anticipation or aid anticipation
certificates of indebtedness;
(ii) certificates of indebtedness issued under
sections 298.28 and 298.282;
(iii) certificates of indebtedness used to fund
current expenses or to pay the costs of extraordinary expenditures that result
from a public emergency; or
(iv) certificates of indebtedness used to fund an
insufficiency in tax receipts or an insufficiency in other revenue sources;
(3) to provide for the bonded indebtedness portion
of payments made to another political subdivision of the state of Minnesota;
(4) to fund payments made to the Minnesota State
Armory Building Commission under section 193.145, subdivision 2, to retire the
principal and interest on armory construction bonds;
(5) property taxes approved by voters which are
levied against the referendum market value as provided under section 275.61;
(6) to fund matching requirements needed to qualify
for federal or state grants or programs to the extent that either (i) the
matching requirement exceeds the matching requirement in calendar year 2001, or
(ii) it is a new matching requirement that did not exist prior to 2002;
(7) to pay the expenses reasonably and necessarily
incurred in preparing for or repairing the effects of natural disaster
including the occurrence or threat of widespread or severe damage, injury, or
loss of life or property resulting from natural causes, in accordance with
standards formulated by the Emergency Services Division of the state Department
of Public Safety, as allowed by the commissioner of revenue under section
275.74, subdivision 2;
(8) pay amounts required to correct an error in the
levy certified to the county auditor by a city or county in a levy year, but
only to the extent that when added to the preceding year's levy it is not in
excess of an applicable statutory, special law or charter limitation, or the
limitation imposed on the governmental subdivision by sections 275.70 to 275.74
in the preceding levy year;
(9) to pay an abatement under section 469.1815;
(10) to pay any costs attributable to increases in
the employer contribution rates under chapter 353, or locally administered
pension plans, that are effective after June 30, 2001;
(11) to pay the operating or maintenance costs of a
county jail as authorized in section 641.01 or 641.262, or of a correctional
facility as defined in section 241.021, subdivision 1, paragraph (f), to the
extent that the county can demonstrate to the commissioner of revenue that the
amount has been included in the county budget as a direct result of a rule,
minimum requirement, minimum standard, or directive of the Department of
Corrections, or to pay the operating or maintenance costs of a regional jail as
authorized in section 641.262. For
purposes of this clause, a district court order is not a rule, minimum
requirement, minimum standard, or directive of the Department of Corrections. If the county utilizes this special levy,
except to pay operating or maintenance costs of a new regional jail facility
under sections 641.262 to 641.264 which will not replace an existing jail
facility, any amount levied by the county in the previous levy year for the
purposes specified under this clause and included in the county's previous
year's levy limitation computed under section 275.71, shall be deducted from
the levy limit base under section 275.71, subdivision 2, when determining the
county's current year levy limitation.
The county shall provide the necessary information to the commissioner
of revenue for making this determination;
(12) to pay for operation of a lake improvement
district, as authorized under section 103B.555. If the county utilizes this special levy, any amount levied by
the county in the previous levy year for the purposes specified under this
clause and included in the county's previous year's levy limitation computed
under section 275.71 shall be deducted from the levy limit base under section
275.71, subdivision 2, when determining the county's current year levy
limitation. The county shall provide
the necessary information to the commissioner of revenue for making this
determination;
(13) to repay a state or federal loan used to fund
the direct or indirect required spending by the local government due to a state
or federal transportation project or other state or federal capital
project. This authority may only be
used if the project is not a local government initiative;
(14) to pay for court administration costs as
required under section 273.1398, subdivision 4b, less the (i) county's share of
transferred fines and fees collected by the district courts in the county for
calendar year 2001 and (ii) the aid amount certified to be paid to the county
in 2004 under section 273.1398, subdivision 4c; however, for taxes levied to
pay for these costs in the year in which the court financing is transferred to
the state, the amount under this clause is limited to the amount of aid the
county is certified to receive under section 273.1398, subdivision 4a;
(15) to fund a police or firefighters relief
association as required under section 69.77 to the extent that the required
amount exceeds the amount levied for this purpose in 2001;
(16) for purposes of a storm sewer improvement
district under section 444.20; and
(17) to pay for the maintenance and support of a
city or county society for the prevention of cruelty to animals under section
343.11. If the city or county uses this
special levy, any amount levied by the city or county in the previous levy year
for the purposes specified in this clause and included in the city's or
county's previous year's levy limit computed under section 275.71, must be
deducted from the levy limit base under section 275.71, subdivision 2, in
determining the city's or county's current year levy limit.;
(18) for counties, to pay for the increase in their
share of health and human service costs caused by reductions in federal health
and human services grants effective after September 30, 2007;
(19) for a city, for the costs reasonably and
necessarily incurred for securing, maintaining, or demolishing foreclosed or
abandoned residential properties, as allowed by the commissioner of revenue
under section 275.74, subdivision 2. A
city must have either (i) a foreclosure rate of at least 1.4 percent in 2007,
or (ii) a foreclosure rate in 2007 in the city or in a zip code area of the
city that is at least 50 percent higher than the average foreclosure rate in
the metropolitan area, as defined in Minnesota Statutes section 473.121,
subdivision 2, to use this special levy.
For purposes of this paragraph, "foreclosure rate" means the
number of foreclosures, as indicated by sheriff sales records, divided by the
number of households in the city in 2007;
(20) for a city, for the unreimbursed costs of
redeployed traffic control agents and lost traffic citation revenue due to the
collapse of the Interstate 35W bridge, as certified to the Federal Highway
Administration;
(21) to pay costs attributable to wages and benefits
for sheriff, police, and fire personnel.
If a local governmental unit did not use this special levy in the
previous year its levy limit base under section 275.71 shall be reduced by the
amount equal to the amount it levied for the purposes specified in this clause
in the previous year; and
(22) an amount equal to any reductions in the
certified aids or credits payable under sections 477A.011 to 477A.014, and
section 273.1384, due to unallotment under section 16A.152. The amount of the levy allowed under this clause
is equal to the amount unallotted in the calendar year in which the tax is
levied unless the unallotment amount is not known by September 1 of the levy
year, in which case the unallotment amount may be levied in the following year.
EFFECTIVE DATE. This section is effective for taxes levied in calendar year
2008 and thereafter, payable in 2009 and thereafter.
Sec. 2.
Minnesota Statutes 2006, section 275.70, is amended by adding a
subdivision to read:
Subd. 6. Levy aid base. "Levy aid base" for a local
governmental unit for a levy year means its total levy spread on net tax
capacity, minus any amounts that would qualify as a special levy under section
275.70, plus the sum of (1) the total amount of aids and reimbursements that
the local governmental unit is certified to receive under sections 477A.011 to
477A.014 in the same year, (2) taconite aids under sections 298.28 and 298.282
in the same year, including any aid which was required to be placed in a
special fund for expenditure in the next succeeding year, and (3) payments to
the local governmental unit under section 272.029 in the same year, adjusted
for any error in estimation in the preceding year.
EFFECTIVE DATE. This section is effective for levies certified in calendar
year 2008, payable in calendar year 2009 and thereafter.
Sec. 3.
Minnesota Statutes 2006, section 275.71, is amended to read:
275.71 LEVY LIMITS.
Subdivision 1.
Limit on levies. Notwithstanding any other provision of law
or municipal charter to the contrary which authorize ad valorem taxes in excess
of the limits established by sections 275.70 to 275.74, the provisions of this
section apply to local governmental units for all purposes other than those for
which special levies and special assessments are made.
Subd. 2. Levy limit base. (a) The levy limit base for a local
governmental unit for taxes levied in 2003 is equal to its adjusted levy
limit base in the previous year, subject to any adjustments under section
275.72, plus any aid amounts received in 2003 under section 273.138 or 273.166,
minus the difference between its levy limit under subdivision 5 for taxes
levied in 2002 and the amount it actually levied under that subdivision in that
year, and certified property tax replacement aid payable in 2003 under section
174.242. 2008 is its levy aid base from the previous year, subject to
any adjustments under section 275.72.
For taxes levied in 2009 and 2010, the levy limit base for a local
governmental unit is its adjusted levy limit base in the previous year, subject
to any adjustments under section 275.72.
Subd. 3. Adjustments for state takeovers. (a) The levy limit base for each local
unit of government shall be adjusted to reflect the assumption by the state of
financing for certain government functions as indicated in this subdivision.
(b) For a county in a judicial district for which
financing has not been transferred to the state by January 1, 2001, the levy
limit base for 2001 is permanently reduced by the amount of the county's 2001
budget for court administration costs, as certified under section 273.1398,
subdivision 4b, paragraph (b), net of the county's share of transferred fines
and fees collected by the district courts in the county for the same budget
period.
(c) For a governmental unit which levied a tax in
2000 under section 473.388, subdivision 7, the levy limit base for 2001 is
permanently reduced by an amount equal to the sum of the governmental unit's
taxes payable 2001 nondebt transit services levy plus the portion of its 2001
homestead and agricultural credit aid under section 273.1398, subdivision 2,
attributable to nondebt transit services.
(d) For counties in a judicial district in which the
state assumed financing of mandated services costs as defined in section
480.181, subdivision 4, on July 1, 2001, the levy limit base for taxes levied
in 2001 is permanently reduced by an amount equal to one-half of the aid
reduction under section 273.1398, subdivision 4a, paragraph (g).
Subd. 4. Adjusted levy limit base. (a) For taxes levied in 2003
2008 through 2010, the adjusted levy limit base is equal to the levy limit
base computed under subdivisions 2 and 3 subdivision 2 or section
275.72, reduced by 40 percent of the difference between (1) the sum of 2003
certified aid payments, under sections 273.138, 273.1398 except for amounts
certified under subdivision 4a, paragraph (b), 273.166, 477A.011 to 477A.03,
477A.06, and 477A.07, before any reduction under Laws 2003, First Special
Session chapter 21, articles 5 and 6, and (2) the sum of the aids paid in 2004
under those same sections, after any reductions in 2004 under Laws 2003, First
Special Session chapter 21, articles 5 and 6. multiplied by:
(1) one plus the lessor of 3.9 percent or the
percentage growth in the implicit price deflator;
(2) one plus a percentage equal to 50 percent of the
percentage increase in the number of households, if any, for the most recent
12-month period for which data is available; and
(3) one plus a percentage equal to 50 percent of the
percentage increase in the taxable market value of the jurisdiction due to new
construction of class 3 property, as defined in section 273.13, subdivision 4,
except for state-assessed utility and railroad property, for the most recent
year for which data is available.
(b) For taxes levied in 2003 only, the adjusted levy
limit base is increased by 60 percent of the difference between a
jurisdiction's market value credit in 2003 before any reductions under Laws
2003, First Special Session chapter 21, articles 5 and 6, and its market value
credit in 2004 after reductions in Laws 2003, First Special Session chapter 21,
articles 5 and 6.
Subd. 5. Property tax levy limit. For taxes levied in 2003 2008
through 2010, the property tax levy limit for a local governmental unit is
equal to its adjusted levy limit base determined under subdivision 4 plus any
additional levy authorized under section 275.73, which is levied against net
tax capacity, reduced by the sum of (i) the total amount of aids and
reimbursements that the local governmental unit is certified to receive under
sections 477A.011 to 477A.014, except for the increases in city aid bases in
calendar year 2002 under section 477A.011, subdivision 36, paragraphs (l), (n),
and (o), (ii) homestead and agricultural aids it is certified to receive under
section 273.1398, (iii) (ii) taconite aids under sections 298.28 and
298.282 including any aid which was required to be placed in a special fund for
expenditure in the next succeeding year, (iv) temporary court aid under
section 273.1398, subdivision 4a, and (v) (iii) estimated payments
to the local governmental unit under section 272.029, adjusted for any error in
estimation in the preceding year, and (iv) aids under section 477A.16.
Subd. 6. Levies in excess of levy limits. If the levy made by a city or county exceeds
the levy limit provided in sections 275.70 to 275.74, except when the excess
levy is due to the rounding of the rate in accordance with section 275.28, the
county auditor shall only extend the amount of taxes permitted under sections
275.70 to 275.74, as provided for in section 275.16.
EFFECTIVE DATE. This section is effective for levies certified in calendar
years 2008 through 2010, payable in 2009 through 2011.
Sec. 4.
Minnesota Statutes 2006, section 275.74, subdivision 2, is amended to
read:
Subd. 2. Authorization for special levies. (a) A local governmental unit may
request authorization to levy for unreimbursed costs for natural disasters
under section 275.70, subdivision 5, clause (7). The local governmental unit shall submit a request to levy under
section 275.70, subdivision 5, clause (7), to the commissioner of revenue by
September 30 of the levy year and the request must include information
documenting the estimated unreimbursed costs.
The commissioner of revenue may grant levy authority, up to the amount
requested based on the documentation submitted. All decisions of the commissioner are final.
(b) A city may request authorization to levy for
reasonable and necessary costs for securing, maintaining, or demolishing
foreclosed or abandoned residential properties under section 275.70,
subdivision 5, clause (19). The local
governmental unit shall submit a request to levy under section 275.70,
subdivision 5, clause (19), to the commissioner of revenue by September 30 of
the levy year and the request must include information documenting the
estimated costs. For taxes payable in
2009, the amount may include unanticipated costs incurred above the amount
budgeted for these purposes in 2008.
Costs of securing foreclosed or abandoned residential properties include
payment for police and fire department services. The commissioner of revenue may grant levy authority, up to the
lesser of (1) the amount requested based on the documentation submitted, or (2)
$3,000 multiplied by the number of foreclosed residential properties, as
defined by sheriff sales records, in calendar year 2007. All decisions of the commissioner are final.
EFFECTIVE DATE. This section is effective for levies certified in 2008 through
2010, payable in 2009 through 2011.
Sec. 5. [275.76] MAINTENANCE OF EFFORT AND
MATCHING REQUIREMENTS SUSPENDED.
Notwithstanding any law to the contrary, all
maintenance of effort and matching fund requirements for counties, including,
but not limited to, those under sections 116L.872, 119B.11, 134.34, 145A.131,
145.882, 242.39, 245.4835, 245.714, 254B.02, 254B.03, 256B.0625, 256F.10, and
256F.13, are suspended for the taxes payable years that levy limits are in
effect.
ARTICLE 4
INCOME AND ESTATE TAXES
Section 1.
Minnesota Statutes 2006, section 289A.19, subdivision 2, is amended to
read:
Subd. 2. Corporate franchise and mining company
taxes. Corporations or mining
companies shall receive an extension of seven months or the amount of time
granted by the Internal Revenue Service, whichever is longer, for filing
the return of a corporation subject to tax under chapter 290 or for filing the
return of a mining company subject to tax under sections 298.01 and
298.015. Interest on any balance of tax
not paid when the regularly required return is due must be paid at the rate
specified in section 270C.40, from the date such payment should have been made
if no extension was granted, until the date of payment of such tax.
If a corporation or mining company does not:
(1) pay at least 90 percent of the amount of tax
shown on the return on or before the regular due date of the return, the
penalty prescribed by section 289A.60, subdivision 1, shall be imposed on the
unpaid balance of tax; or
(2) pay the balance due shown on the regularly
required return on or before the extended due date of the return, the penalty
prescribed by section 289A.60, subdivision 1, shall be imposed on the unpaid
balance of tax from the original due date of the return.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to any federal extension that allows filing after that date.
Sec. 2.
Minnesota Statutes 2006, section 289A.19, is amended by adding a
subdivision to read:
Subd. 7. Federal extensions. When an extension of time to file a
partnership or S corporation tax return is granted by the Internal Revenue
Service, the commissioner shall grant an automatic extension to file the
comparable Minnesota return for that period.
An extension granted under this subdivision does not affect the due date
for making payments of tax.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to any federal extension that allows filing after that date.
Sec. 3.
Minnesota Statutes 2006, section 290.01, subdivision 6b, is amended to
read:
Subd. 6b. Foreign operating corporation. The term "foreign operating
corporation," when applied to a corporation, means a domestic corporation
with the following characteristics:
(1) it is part of a unitary business at least one
member of which is taxable in this state;
(2) it is not a foreign sales corporation under
section 922 of the Internal Revenue Code, as amended through December 31, 1999,
for the taxable year;
(3) it is not an interest charge domestic
international sales corporation under sections 992, 993, 994, and 995 of the
Internal Revenue Code;
(4) either (i) the average of the percentages of its
property and payrolls, including the pro rata share of its unitary
partnerships' property and payrolls, assigned to locations outside the United
States, where the United States includes the District of Columbia and excludes
the commonwealth of Puerto Rico and possessions of the United States, as
determined under section 290.191 or 290.20, is 80 percent or more; or (ii)
it has in effect a valid election under section 936 of the Internal Revenue
Code; or (ii) at least 80 percent of the gross income from all sources of
the corporation in the tax year is active foreign business income; and
(4) it has $1,000,000 of payroll and $2,000,000 of
property, as determined under section 290.191 or 290.20, that are located
outside the United States. If the
domestic corporation does not have payroll as determined under section 290.191
or 290.20, but it or its partnerships have paid $1,000,000 for work, performed
directly for the domestic corporation or the partnerships, outside the United
States, then paragraph (3)(i) shall not require payrolls to be included in the
average calculation
(5) for purposes of this subdivision, active foreign
business income means gross income that is (i) derived from sources without the
United States, as defined in subtitle A, chapter 1, subchapter N, part 1, of
the Internal Revenue Code; and (ii) attributable to the active conduct of a
trade or business in a foreign country.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007.
Sec. 4.
Minnesota Statutes 2007 Supplement, section 290.01, subdivision 19b, as
amended by Laws 2008, chapter 154, article 3, section 3, is amended to read:
Subd. 19b. Subtractions from federal taxable income. For individuals, estates, and trusts, there
shall be subtracted from federal taxable income:
(1) net interest income on obligations of any authority,
commission, or instrumentality of the United States to the extent includable in
taxable income for federal income tax purposes but exempt from state income tax
under the laws of the United States;
(2) if included in federal taxable income, the amount
of any overpayment of income tax to Minnesota or to any other state, for any
previous taxable year, whether the amount is received as a refund or as a
credit to another taxable year's income tax liability;
(3) the amount paid to others, less the amount used
to claim the credit allowed under section 290.0674, not to exceed $1,625 for
each qualifying child in grades kindergarten to 6 and $2,500 for each
qualifying child in grades 7 to 12, for tuition, textbooks, and transportation
of each qualifying child in attending an elementary or secondary school
situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein
a resident of this state may legally fulfill the state's compulsory attendance
laws, which is not operated for profit, and which adheres to the provisions of
the Civil Rights Act of 1964 and chapter 363A.
For the purposes of this clause, "tuition" includes fees or
tuition as defined in section 290.0674, subdivision 1, clause (1). As used in this clause,
"textbooks" includes books and other instructional materials and
equipment purchased or leased for use in elementary and secondary schools in
teaching only those subjects legally and commonly taught in public elementary
and secondary schools in this state.
Equipment expenses qualifying for deduction includes expenses as defined
and limited in section 290.0674, subdivision 1, clause (3).
"Textbooks" does not include instructional books and materials used
in the teaching of religious tenets, doctrines, or worship, the purpose of
which is to instill such tenets, doctrines, or worship, nor does it include
books or materials for, or transportation to, extracurricular activities
including sporting events, musical or dramatic events, speech activities,
driver's education, or similar programs.
For purposes of the subtraction provided by this clause,
"qualifying child" has the meaning given in section 32(c)(3) of the
Internal Revenue Code;
(4) income as provided under section 290.0802;
(5) to the extent included in federal adjusted gross
income, income realized on disposition of property exempt from tax under
section 290.491;
(6) to the extent not deducted or not deductible
pursuant to section 408(d)(8)(E) of the Internal Revenue Code in determining
federal taxable income by an individual who does not itemize deductions for
federal income tax purposes for the taxable year, an amount equal to 50 percent
of the excess of charitable contributions over $500 allowable as a deduction
for the taxable year under section 170(a) of the Internal Revenue Code and
under the provisions of Public Law 109-1;
(7) for taxable years beginning before January 1,
2008, the amount of the federal small ethanol producer credit allowed under
section 40(a)(3) of the Internal Revenue Code which is included in gross income
under section 87 of the Internal Revenue Code;
(8) for individuals who are allowed a federal
foreign tax credit for taxes that do not qualify for a credit under section
290.06, subdivision 22, an amount equal to the carryover of subnational foreign
taxes for the taxable year, but not to exceed the total subnational foreign
taxes reported in claiming the foreign tax credit. For purposes of this clause, "federal foreign tax
credit" means the credit allowed under section 27 of the Internal Revenue
Code, and "carryover of subnational foreign taxes" equals the
carryover allowed under section 904(c) of the Internal Revenue Code minus
national level foreign taxes to the extent they exceed the federal foreign tax
credit;
(9) in each of the five tax years immediately
following the tax year in which an addition is required under subdivision 19a,
clause (7), or 19c, clause (15), in the case of a shareholder of a corporation
that is an S corporation, an amount equal to one-fifth of the delayed
depreciation. For purposes of this
clause, "delayed depreciation" means the amount of the addition made
by the taxpayer under subdivision 19a, clause (7), or subdivision 19c, clause
(15), in the case of a shareholder of an S corporation, minus the positive value
of any net operating loss under section 172 of the Internal Revenue Code
generated for the tax year of the addition.
The resulting delayed depreciation cannot be less than zero;
(10) job opportunity building zone income as
provided under section 469.316;
(11) to the extent included in federal taxable
income, the amount of compensation paid to members of the Minnesota National
Guard or other reserve components of the United States military for active
service performed in Minnesota, excluding compensation for services performed
under the Active Guard Reserve (AGR) program.
For purposes of this clause, "active service" means (i) state
active service as defined in section 190.05, subdivision 5a, clause (1); (ii) federally
funded state active service as defined in section 190.05, subdivision 5b; or
(iii) federal active service as defined in section 190.05, subdivision 5c, but
"active service" excludes services performed exclusively for
purposes of basic combat training, advanced individual training, annual
training, and periodic inactive duty training; special training periodically
made available to reserve members; and service performed in accordance with
section 190.08, subdivision 3;
(12) to the extent included in federal taxable
income, the amount of compensation paid to Minnesota residents who are members
of the armed forces of the United States or United Nations for active duty
performed outside Minnesota under United States Code, title 10, section 101(d);
United States Code, title 32, section 101(12); or the authority of the United
Nations;
(13) an amount, not to exceed $10,000, equal to
qualified expenses related to a qualified donor's donation, while living, of
one or more of the qualified donor's organs to another person for human organ
transplantation. For purposes of this
clause, "organ" means all or part of an individual's liver, pancreas,
kidney, intestine, lung, or bone marrow; "human organ
transplantation" means the medical procedure by which transfer of a human
organ is made
from the body of one person to the body of another
person; "qualified expenses" means unreimbursed expenses for both the
individual and the qualified donor for (i) travel, (ii) lodging, and (iii) lost
wages net of sick pay, except that such expenses may be subtracted under this
clause only once; and "qualified donor" means the individual or the
individual's dependent, as defined in section 152 of the Internal Revenue
Code. An individual may claim the
subtraction in this clause for each instance of organ donation for transplantation
during the taxable year in which the qualified expenses occur;
(14) in each of the five tax years immediately
following the tax year in which an addition is required under subdivision 19a,
clause (8), or 19c, clause (16), in the case of a shareholder of a corporation
that is an S corporation, an amount equal to one-fifth of the addition made by
the taxpayer under subdivision 19a, clause (8), or 19c, clause (16), in the
case of a shareholder of a corporation that is an S corporation, minus the
positive value of any net operating loss under section 172 of the Internal
Revenue Code generated for the tax year of the addition. If the net operating loss exceeds the
addition for the tax year, a subtraction is not allowed under this clause;
(15) to the extent included in federal taxable
income, compensation paid to a nonresident who is a service member as
defined in United States Code, title 10, section 101(a)(5), for military
service as defined in the Service Member Civil Relief Act, Public Law 108-189,
section 101(2); and
(16) international economic development zone income
as provided under section 469.325; and
(17) to the extent included in federal taxable
income, the amount of national service educational awards received from the
National Service Trust under United States Code, title 42, sections 12601 to
12604, for service in an approved Americorps National Service program.
EFFECTIVE DATE. This section is effective for tax years beginning after
December 31, 2008, except clause (17) is effective for tax years beginning
after December 31, 2007.
Sec. 5.
Minnesota Statutes 2006, section 290.01, subdivision 19c, as amended by
Laws 2008, chapter 154, article 3, section 4, is amended to read:
Subd. 19c. Corporations; additions to federal taxable
income. For corporations, there
shall be added to federal taxable income:
(1) the amount of any deduction taken for federal
income tax purposes for income, excise, or franchise taxes based on net income
or related minimum taxes, including but not limited to the tax imposed under
section 290.0922, paid by the corporation to Minnesota, another state, a
political subdivision of another state, the District of Columbia, or any
foreign country or possession of the United States;
(2) interest not subject to federal tax upon
obligations of: the United States, its
possessions, its agencies, or its instrumentalities; the state of Minnesota or
any other state, any of its political or governmental subdivisions, any of its
municipalities, or any of its governmental agencies or instrumentalities; the
District of Columbia; or Indian tribal governments;
(3) exempt-interest dividends received as defined in
section 852(b)(5) of the Internal Revenue Code;
(4) the amount of any net operating loss deduction
taken for federal income tax purposes under section 172 or 832(c)(10) of the
Internal Revenue Code or operations loss deduction under section 810 of the
Internal Revenue Code;
(5) the amount of any special deductions taken for
federal income tax purposes under sections 241 to 247 and 965 of the Internal
Revenue Code;
(6) losses from the business of mining, as defined
in section 290.05, subdivision 1, clause (a), that are not subject to Minnesota
income tax;
(7) the amount of any capital losses deducted for
federal income tax purposes under sections 1211 and 1212 of the Internal
Revenue Code;
(8) the exempt foreign trade income of a foreign
sales corporation under sections 921(a) and 291 of the Internal Revenue Code;
(9) the amount of percentage depletion deducted under
sections 611 through 614 and 291 of the Internal Revenue Code;
(10) for certified pollution control facilities
placed in service in a taxable year beginning before December 31, 1986, and for
which amortization deductions were elected under section 169 of the Internal
Revenue Code of 1954, as amended through December 31, 1985, the amount of the
amortization deduction allowed in computing federal taxable income for those
facilities;
(11) the amount of any deemed dividend from a
foreign operating corporation determined pursuant to section 290.17,
subdivision 4, paragraph (g). The
deemed dividend shall be reduced by the amount of the addition to income
required by clauses (20), (21), (22), and (23);
(12) the amount of a partner's pro rata share of net
income which does not flow through to the partner because the partnership
elected to pay the tax on the income under section 6242(a)(2) of the Internal
Revenue Code;
(13) the amount of net income excluded under section
114 of the Internal Revenue Code;
(14) any increase in subpart F income, as defined in
section 952(a) of the Internal Revenue Code, for the taxable year when subpart
F income is calculated without regard to the provisions of section 103 of
Public Law 109-222;
(15) 80 percent of the depreciation deduction
allowed under section 168(k)(1)(A) and (k)(4)(A) of the Internal Revenue
Code. For purposes of this clause, if
the taxpayer has an activity that in the taxable year generates a deduction for
depreciation under section 168(k)(1)(A) and (k)(4)(A) and the activity
generates a loss for the taxable year that the taxpayer is not allowed to claim
for the taxable year, "the depreciation allowed under section 168(k)(1)(A)
and (k)(4)(A)" for the taxable year is limited to excess of the depreciation
claimed by the activity under section 168(k)(1)(A) and (k)(4)(A) over the
amount of the loss from the activity that is not allowed in the taxable
year. In succeeding taxable years when
the losses not allowed in the taxable year are allowed, the depreciation under
section 168(k)(1)(A) and (k)(4)(A) is allowed;
(16) 80 percent of the amount by which the deduction
allowed by section 179 of the Internal Revenue Code exceeds the deduction
allowable by section 179 of the Internal Revenue Code of 1986, as amended
through December 31, 2003;
(17) to the extent deducted in computing federal
taxable income, the amount of the deduction allowable under section 199 of the
Internal Revenue Code;
(18) the exclusion allowed under section 139A of the
Internal Revenue Code for federal subsidies for prescription drug plans; and
(19) the amount of expenses disallowed under section
290.10, subdivision 2;
(20) an amount equal to the interest and intangible
expenses, losses, and costs paid, accrued, or incurred by any member of the
taxpayer's unitary group to or for the benefit of a corporation that is a
member of the taxpayer's unitary business group that qualifies as a foreign
operating corporation. For purposes of
this clause, intangible expenses and costs include:
(i) expenses, losses, and costs for, or related to,
the direct or indirect acquisition, use, maintenance or management, ownership,
sale, exchange, or any other disposition of intangible property;
(ii) losses incurred, directly or indirectly, from
factoring transactions or discounting transactions;
(iii) royalty, patent, technical, and copyright
fees;
(iv) licensing fees; and
(v) other similar expenses and costs.
For purposes of this clause,
"intangible property" includes stocks, bonds, patents, patent applications,
trade names, trademarks, service marks, copyrights, mask works, trade secrets,
and similar types of intangible assets.
This clause does not apply
to any item of interest or intangible expenses or costs paid, accrued, or
incurred, directly or indirectly, to a foreign operating corporation with
respect to such item of income to the extent that the income to the foreign
operating corporation is income from sources without the United States as
defined in subtitle A, chapter 1, subchapter N, part 1, of the Internal Revenue
Code;
(21) except as already included in the taxpayer's
taxable income pursuant to clause (20), any interest income and income
generated from intangible property received or accrued by a foreign operating
corporation that is a member of the taxpayer's unitary group. For purposes of this clause, income
generated from intangible property includes:
(i) income related to the direct or indirect
acquisition, use, maintenance or management, ownership, sale, exchange, or any
other disposition of intangible property;
(ii) income from factoring transactions or
discounting transactions;
(iii) royalty, patent, technical, and copyright
fees;
(iv) licensing fees; and
(v) other similar income.
For purposes of this clause,
"intangible property" includes stocks, bonds, patents, patent
applications, trade names, trademarks, service marks, copyrights, mask works,
trade secrets, and similar types of intangible assets.
This clause does not apply
to any item of interest or intangible income received or accrued by a foreign
operating corporation with respect to such item of income to the extent that
the income is income from sources without the United States as defined in
subtitle A, chapter 1, subchapter N, part 1, of the Internal Revenue Code;
(22) the dividends attributable to the income of a
foreign operating corporation that is a member of the taxpayer's unitary group
in an amount that is equal to the dividends paid deduction of a real estate
investment trust under section 561(a) of the Internal Revenue Code for amounts
paid or accrued by the real estate investment trust to the foreign operating
corporation; and
(23) the income of a foreign operating corporation
that is a member of the taxpayer's unitary group in an amount that is equal to
gains derived from the sale of real or personal property located in the United
States.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007.
Sec. 6.
Minnesota Statutes 2006, section 290.01, subdivision 19d, as amended by
Laws 2008, chapter 154, article 11, section 12, is amended to read:
Subd. 19d. Corporations; modifications decreasing
federal taxable income. For
corporations, there shall be subtracted from federal taxable income after the
increases provided in subdivision 19c:
(1) the amount of foreign dividend gross-up added to
gross income for federal income tax purposes under section 78 of the Internal
Revenue Code;
(2) the amount of salary expense not allowed for
federal income tax purposes due to claiming the work opportunity credit under
section 51 of the Internal Revenue Code;
(3) any dividend (not including any distribution in
liquidation) paid within the taxable year by a national or state bank to the
United States, or to any instrumentality of the United States exempt from
federal income taxes, on the preferred stock of the bank owned by the United
States or the instrumentality;
(4) amounts disallowed for intangible drilling costs
due to differences between this chapter and the Internal Revenue Code in
taxable years beginning before January 1, 1987, as follows:
(i) to the extent the disallowed costs are
represented by physical property, an amount equal to the allowance for
depreciation under Minnesota Statutes 1986, section 290.09, subdivision 7,
subject to the modifications contained in subdivision 19e; and
(ii) to the extent the disallowed costs are not
represented by physical property, an amount equal to the allowance for cost
depletion under Minnesota Statutes 1986, section 290.09, subdivision 8;
(5) the deduction for capital losses pursuant to
sections 1211 and 1212 of the Internal Revenue Code, except that:
(i) for capital losses incurred in taxable years
beginning after December 31, 1986, capital loss carrybacks shall not be allowed;
(ii) for capital losses incurred in taxable years
beginning after December 31, 1986, a capital loss carryover to each of the 15
taxable years succeeding the loss year shall be allowed;
(iii) for capital losses incurred in taxable years
beginning before January 1, 1987, a capital loss carryback to each of the three
taxable years preceding the loss year, subject to the provisions of Minnesota
Statutes 1986, section 290.16, shall be allowed; and
(iv) for capital losses incurred in taxable years
beginning before January 1, 1987, a capital loss carryover to each of the five
taxable years succeeding the loss year to the extent such loss was not used in
a prior taxable year and subject to the provisions of Minnesota Statutes 1986,
section 290.16, shall be allowed;
(6) an amount for interest and expenses relating to
income not taxable for federal income tax purposes, if (i) the income is
taxable under this chapter and (ii) the interest and expenses were disallowed
as deductions under the provisions of section 171(a)(2), 265 or 291 of the
Internal Revenue Code in computing federal taxable income;
(7) in the case of mines, oil and gas wells, other
natural deposits, and timber for which percentage depletion was disallowed
pursuant to subdivision 19c, clause (9), a reasonable allowance for depletion
based on actual cost. In the case of
leases the deduction must be apportioned between the lessor and lessee in
accordance with rules prescribed by the commissioner. In the case of property held in trust, the allowable deduction
must be apportioned between the income beneficiaries and the trustee in
accordance with the pertinent provisions of the trust, or if there is no
provision in the instrument, on the basis of the trust's income allocable to
each;
(8) for certified pollution control facilities
placed in service in a taxable year beginning before December 31, 1986, and for
which amortization deductions were elected under section 169 of the Internal
Revenue Code of 1954, as amended through December 31, 1985, an amount equal to
the allowance for depreciation under Minnesota Statutes 1986, section 290.09,
subdivision 7;
(9) amounts included in federal taxable income that
are due to refunds of income, excise, or franchise taxes based on net income or
related minimum taxes paid by the corporation to Minnesota, another state, a
political subdivision of another state, the District of Columbia, or a foreign
country or possession of the United States to the extent that the taxes were
added to federal taxable income under section 290.01, subdivision 19c, clause
(1), in a prior taxable year;
(10) 80 percent of royalties, fees, or other like
income accrued or received from a foreign operating corporation or a foreign
corporation which is part of the same unitary business as the receiving
corporation, unless the income resulting from such payments or accruals is
income from sources within the United States as defined in subtitle A, chapter
1, subchapter N, part 1, of the Internal Revenue Code;
(11) income or gains from the business of mining as
defined in section 290.05, subdivision 1, clause (a), that are not subject to
Minnesota franchise tax;
(12) the amount of disability access expenditures in
the taxable year which are not allowed to be deducted or capitalized under
section 44(d)(7) of the Internal Revenue Code;
(13) the amount of qualified research expenses not
allowed for federal income tax purposes under section 280C(c) of the Internal
Revenue Code, but only to the extent that the amount exceeds the amount of the
credit allowed under section 290.068;
(14) the amount of salary expenses not allowed for
federal income tax purposes due to claiming the Indian employment credit under
section 45A(a) of the Internal Revenue Code;
(15) for taxable years beginning before January 1,
2008, the amount of the federal small ethanol producer credit allowed under
section 40(a)(3) of the Internal Revenue Code which is included in gross income
under section 87 of the Internal Revenue Code;
(16) for a corporation whose foreign sales
corporation, as defined in section 922 of the Internal Revenue Code,
constituted a foreign operating corporation during any taxable year ending
before January 1, 1995, and a return was filed by August 15, 1996, claiming the
deduction under section 290.21, subdivision 4, for income received from the
foreign operating corporation, an amount equal to 1.23 multiplied by the amount
of income excluded under section 114 of the Internal Revenue Code, provided the
income is not income of a foreign operating company;
(17) any decrease in subpart F income, as defined in
section 952(a) of the Internal Revenue Code, for the taxable year when subpart
F income is calculated without regard to the provisions of section 103 of
Public Law 109-222;
(16) (18) in each of the five tax years immediately following
the tax year in which an addition is required under subdivision 19c, clause
(15), an amount equal to one-fifth of the delayed depreciation. For purposes of this clause, "delayed
depreciation" means the amount of the addition made by the taxpayer under
subdivision 19c, clause (15). The
resulting delayed depreciation cannot be less than zero; and
(17) (19) in each of the five tax years immediately following
the tax year in which an addition is required under subdivision 19c, clause
(16), an amount equal to one-fifth of the amount of the addition.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007.
Sec. 7.
Minnesota Statutes 2006, section 290.06, subdivision 33, as amended by
Laws 2008, chapter 154, article 11, section 13, is amended to read:
Subd. 33. Bovine testing credit. (a) An owner of cattle in Minnesota may take
a credit against the tax due under this chapter for an amount equal to: (1) for corporate filers, including
shareholders of an "S" corporation under section 290.9725, 25 percent
of the expenses incurred during the taxable year to conduct tuberculosis
testing on those cattle; and (2) for all other filers, one-half the
expenses incurred during the taxable year to conduct tuberculosis testing on
those cattle.
(b) If the amount of credit which the taxpayer is
eligible to receive under this subdivision exceeds the taxpayer's tax liability
under this chapter, the commissioner of revenue shall refund the excess to the
taxpayer.
(c) The amount necessary to pay claims for the
refund provided in this subdivision is appropriated from the general fund to
the commissioner of revenue.
(d) Expenses incurred in a calendar year in which
tuberculosis testing of cattle in Minnesota is not federally required are not
allowed in claiming the credit under paragraph (a).
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2008.
Sec. 8.
Minnesota Statutes 2006, section 290.0677, subdivision 1, as amended by
Laws 2008, chapter 154, article 3, section 5, is amended to read:
Subdivision 1.
Credit allowed; current
military service. (a) An
individual is allowed a credit against the tax due under this chapter equal to
$59 for each month or portion thereof that the individual was in active
military service in a designated area after September 11, 2001, and before
January 1, 2009, while a Minnesota domiciliary.
(b) An individual is allowed a credit against the
tax due under this chapter equal to $120 for each month or portion thereof that
the individual was in active military service in a designated area after
December 31, 2008, while a Minnesota domiciliary.
(c) For active service performed after September 11,
2001, and before December 31, 2006, the individual may claim the credit in the
taxable year beginning after December 31, 2005, and before January 1, 2007.
(c) (d) For active service performed after
December 31, 2006, the individual may claim the credit for the taxable year in
which the active service was performed.
(d) (e) If an individual entitled to the credit
died prior to January 1, 2006, the individual's estate or heirs at law, if the
individual's probate estate has closed or the estate was not probated, may
claim the credit.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2008.
Sec. 9.
Minnesota Statutes 2006, section 290.0677, is amended by adding a
subdivision to read:
Subd. 1a. Credit allowed; past military service. (a) A qualified individual is allowed a
credit against the tax imposed under this chapter for past military
service. The credit equals $750. The credit allowed under this subdivision is
reduced by 10 percent of adjusted gross income in excess of $30,000, but in no
case is the credit less than zero.
(b) For a nonresident or a part-year resident, the
credit under this subdivision must be allocated based on the percentage
calculated under section 290.06, subdivision 2c, paragraph (e).
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2008.
Sec. 10.
Minnesota Statutes 2006, section 290.0677, subdivision 2, is amended to
read:
Subd. 2. Definitions. (a) For purposes of this section the following terms have the
meanings given.
(b) "Designated area" means a:
(1) combat zone designated by Executive Order from
the President of the United States;
(2) qualified hazardous duty area, designated in
Public Law; or
(3) location certified by the U.S. Department of
Defense as eligible for combat zone tax benefits due to the location's direct
support of military operations.
(c) "Active military service" means active
duty service in any of the United States Armed Forces, the National Guard, or
reserves.
(d) "Qualified individual" means an
individual who has
(1) either (i) served at least 20 years in the
military or (ii) has a service-connected disability rating of 100 percent for a
total and permanent disability; and
(2) separated from military service before the end
of the taxable year.
(e) "Adjusted gross income" has the
meaning given in section 61 of the Internal Revenue Code.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2008.
Sec. 11.
Minnesota Statutes 2006, section 290.0677, subdivision 3, is amended to
read:
Subd. 3. Credit refundable. If the amount of credit which the individual
is eligible to receive under this section subdivision 1 exceeds
the individual's tax liability under this chapter, the commissioner shall refund
the excess to the individual.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2008.
Sec. 12.
Minnesota Statutes 2006, section 290.091, subdivision 2, as amended by
Laws 2008, chapter 154, article 4, section 7, is amended to read:
Subd. 2. Definitions. For purposes of the tax imposed by this section, the following
terms have the meanings given:
(a) "Alternative minimum taxable income"
means the sum of the following for the taxable year:
(1) the taxpayer's federal alternative minimum
taxable income as defined in section 55(b)(2) of the Internal Revenue Code;
(2) the taxpayer's itemized deductions allowed in
computing federal alternative minimum taxable income, but excluding:
(i) the charitable contribution deduction under
section 170 of the Internal Revenue Code:;
(A) for taxable years beginning before January 1,
2006, to the extent that the deduction exceeds 1.0 percent of adjusted gross
income;
(B) for taxable years beginning after December 31, 2005,
to the full extent of the deduction.
For purposes of this clause, "adjusted gross
income" has the meaning given in section 62 of the Internal Revenue Code;
(ii) the medical expense deduction;
(iii) the casualty, theft, and disaster loss
deduction; and
(iv) the impairment-related work expenses of a
disabled person;
(3) for depletion allowances computed under section
613A(c) of the Internal Revenue Code, with respect to each property (as defined
in section 614 of the Internal Revenue Code), to the extent not included in
federal alternative minimum taxable income, the excess of the deduction for
depletion allowable under section 611 of the Internal Revenue Code for the
taxable year over the adjusted basis of the property at the end of the taxable year
(determined without regard to the depletion deduction for the taxable year);
(4) to the extent not included in federal
alternative minimum taxable income, the amount of the tax preference for
intangible drilling cost under section 57(a)(2) of the Internal Revenue Code
determined without regard to subparagraph (E);
(5) to the extent not included in federal
alternative minimum taxable income, the amount of interest income as provided
by section 290.01, subdivision 19a, clause (1); and
(6) the amount of addition required by section
290.01, subdivision 19a, clauses (7) to (9), (11), and (12);
less the sum of the amounts determined under the
following:
(1) interest income as defined in section 290.01,
subdivision 19b, clause (1);
(2) an overpayment of state income tax as provided
by section 290.01, subdivision 19b, clause (2), to the extent included in
federal alternative minimum taxable income;
(3) the amount of investment interest paid or
accrued within the taxable year on indebtedness to the extent that the amount
does not exceed net investment income, as defined in section 163(d)(4) of the
Internal Revenue Code. Interest does
not include amounts deducted in computing federal adjusted gross income; and
(4) amounts subtracted from federal taxable income
as provided by section 290.01, subdivision 19b, clauses (6) and (9) to
(16).
In the case of an estate or trust, alternative
minimum taxable income must be computed as provided in section 59(c) of the
Internal Revenue Code.
(b) "Investment interest" means investment
interest as defined in section 163(d)(3) of the Internal Revenue Code.
(c) "Tentative minimum tax" equals 6.4
percent of alternative minimum taxable income after subtracting the exemption
amount determined under subdivision 3.
(d) "Regular tax" means the tax that would
be imposed under this chapter (without regard to this section and section
290.032), reduced by the sum of the nonrefundable credits allowed under this
chapter.
(e) "Net minimum tax" means the minimum
tax imposed by this section.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007.
Sec. 13.
Minnesota Statutes 2006, section 290.191, subdivision 5, is amended to
read:
Subd. 5. Determination of sales factor. For purposes of this section, the following
rules apply in determining the sales factor.
(a) The sales factor includes all sales, gross
earnings, or receipts received in the ordinary course of the business, except
that the following types of income are not included in the sales factor:
(1) interest;
(2) dividends;
(3) sales of capital assets as defined in section
1221 of the Internal Revenue Code;
(4) sales of property used in the trade or business,
except sales of leased property of a type which is regularly sold as well as
leased;
(5) sales of debt instruments as defined in section
1275(a)(1) of the Internal Revenue Code or sales of stock; and
(6) royalties, fees, or other like income of a type
which qualify for a subtraction from federal taxable income under section
290.01, subdivision 19d(10).
(b) Sales of tangible personal property are made
within this state if the property is received by a purchaser at a point within
this state, and the taxpayer is taxable in this state, regardless of the f.o.b.
point, other conditions of the sale, or the ultimate destination of the
property.
(c) Tangible personal property delivered to a common
or contract carrier or foreign vessel for delivery to a purchaser in another
state or nation is a sale in that state or nation, regardless of f.o.b. point
or other conditions of the sale.
(d) Notwithstanding paragraphs (b) and (c), when
intoxicating liquor, wine, fermented malt beverages, cigarettes, or tobacco
products are sold to a purchaser who is licensed by a state or political
subdivision to resell this property only within the state of ultimate
destination, the sale is made in that state.
(e) Sales made by or through a corporation that is
qualified as a domestic international sales corporation under section 992 of
the Internal Revenue Code are not considered to have been made within this
state.
(f) Sales, rents, royalties, and other income in
connection with real property is attributed to the state in which the property
is located.
(g) Receipts from the lease or rental of tangible
personal property, including finance leases and true leases, must be attributed
to this state if the property is located in this state and to other states if
the property is not located in this state.
Receipts from the lease or rental of moving property including, but not
limited to, motor vehicles, rolling stock, aircraft, vessels, or mobile
equipment are included in the numerator of the receipts factor to the extent
that the property is used in this state.
The extent of the use of moving property is determined as follows:
(1) A motor vehicle is used wholly in the state in
which it is registered.
(2) The extent that rolling stock is used in this
state is determined by multiplying the receipts from the lease or rental of the
rolling stock by a fraction, the numerator of which is the miles traveled
within this state by the leased or rented rolling stock and the denominator of
which is the total miles traveled by the leased or rented rolling stock.
(3) The extent that an aircraft is used in this
state is determined by multiplying the receipts from the lease or rental of the
aircraft by a fraction, the numerator of which is the number of landings of the
aircraft in this state and the denominator of which is the total number of
landings of the aircraft.
(4) The extent that a vessel, mobile equipment, or
other mobile property is used in the state is determined by multiplying the
receipts from the lease or rental of the property by a fraction, the numerator
of which is the number of days during the taxable year the property was in this
state and the denominator of which is the total days in the taxable year.
(h) Royalties and other income not described in
paragraph (a), clause (6), received for the use of or for the privilege of
using intangible property, including patents, know-how, formulas, designs,
processes, patterns, copyrights, trade names, service names, franchises,
licenses, contracts, customer lists, or similar items, must be attributed to
the state in which the property is used by the purchaser. If the property is used in more than one
state, the royalties or other income must be apportioned to this state pro rata
according to the portion of use in this state.
If the portion of use in this state cannot be determined, the royalties
or other income must be excluded from both the numerator and the
denominator. Intangible property is
used in this state if the purchaser uses the intangible property or the rights
therein in the regular course of its business operations in this state,
regardless of the location of the purchaser's customers.
(i) Sales of intangible property are made within the
state in which the property is used by the purchaser. If the property is used in more than one state, the sales must be
apportioned to this state pro rata according to the portion of use in this
state. If the portion of use in this
state cannot be determined, the sale must be excluded from both the numerator
and the denominator of the sales factor.
Intangible property is used in this state if the purchaser used the
intangible property in the regular course of its business operations in this
state.
(j) Receipts from the performance of services must
be attributed to the state where the services are received. For the purposes of this section, receipts
from the performance of services provided to a corporation, partnership, or
trust may only be attributed to a state where it has a fixed place of doing
business. If the state where the
services are received is not readily determinable or is a state where the corporation,
partnership, or trust receiving the service
does not have a fixed place of doing business, the
services shall be deemed to be received at the location of the office of the
customer from which the services were ordered in the regular course of the
customer's trade or business. If the
ordering office cannot be determined, the services shall be deemed to be
received at the office of the customer to which the services are billed.
(k) For the purposes of this subdivision and
subdivision 6, paragraph (l), receipts from management, distribution, or
administrative services performed by a corporation or trust for a fund of a
corporation or trust regulated under United States Code, title 15, sections
80a-1 through 80a-64, must be attributed to the state where the shareholder of
the fund resides. Under this paragraph,
receipts for services attributed to shareholders are determined on the basis of
the ratio of: (1) the average of the
outstanding shares in the fund owned by shareholders residing within Minnesota
at the beginning and end of each year; and (2) the average of the total number
of outstanding shares in the fund at the beginning and end of each year. Residence of the shareholder, in the case of
an individual, is determined by the mailing address furnished by the
shareholder to the fund. Residence of
the shareholder, when the shares are held by an insurance company as a
depositor for the insurance company policyholders, is the mailing address of
the policyholders. In the case of an
insurance company holding the shares as a depositor for the insurance company
policyholders, if the mailing address of the policyholders cannot be determined
by the taxpayer, the receipts must be excluded from both the numerator and
denominator. Residence of other shareholders
is the mailing address of the shareholder.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2009.
Sec. 14.
Minnesota Statutes 2006, section 290.191, subdivision 6, is amended to
read:
Subd. 6. Determination of receipts factor for
financial institutions. (a) For
purposes of this section, the rules in this subdivision and subdivision subdivisions
5, paragraph (k), and 8 apply in determining the receipts factor for
financial institutions.
(b) "Receipts" for this purpose means
gross income, including net taxable gain on disposition of assets, including
securities and money market instruments, when derived from transactions and
activities in the regular course of the taxpayer's trade or business.
(c) "Money market instruments" means
federal funds sold and securities purchased under agreements to resell,
commercial paper, banker's acceptances, and purchased certificates of deposit
and similar instruments to the extent that the instruments are reflected as assets
under generally accepted accounting principles.
(d) "Securities" means United States
Treasury securities, obligations of United States government agencies and
corporations, obligations of state and political subdivisions, corporate stock,
bonds, and other securities, participations in securities backed by mortgages
held by United States or state government agencies, loan-backed securities and
similar investments to the extent the investments are reflected as assets under
generally accepted accounting principles.
(e) Receipts from the lease or rental of real or
tangible personal property, including both finance leases and true leases, must
be attributed to this state if the property is located in this state. Receipts from the lease or rental of tangible
personal property that is characteristically moving property, including, but
not limited to, motor vehicles, rolling stock, aircraft, vessels, or mobile
equipment are included in the numerator of the receipts factor to the extent
that the property is used in this state.
The extent of the use of moving property is determined as follows:
(1) A motor vehicle is used wholly in the state in
which it is registered.
(2) The extent that rolling stock is used in this
state is determined by multiplying the receipts from the lease or rental of the
rolling stock by a fraction, the numerator of which is the miles traveled
within this state by the leased or rented rolling stock and the denominator of
which is the total miles traveled by the leased or rented rolling stock.
(3) The extent that an aircraft is used in this
state is determined by multiplying the receipts from the lease or rental of the
aircraft by a fraction, the numerator of which is the number of landings of the
aircraft in this state and the denominator of which is the total number of
landings of the aircraft.
(4) The extent that a vessel, mobile equipment, or
other mobile property is used in the state is determined by multiplying the
receipts from the lease or rental of property by a fraction, the numerator of
which is the number of days during the taxable year the property was in this
state and the denominator of which is the total days in the taxable year.
(f) Interest income and other receipts from assets
in the nature of loans that are secured primarily by real estate or tangible
personal property must be attributed to this state if the security property is
located in this state under the principles stated in paragraph (e).
(g) Interest income and other receipts from consumer
loans not secured by real or tangible personal property that are made to
residents of this state, whether at a place of business, by traveling loan
officer, by mail, by telephone or other electronic means, must be attributed to
this state.
(h) Interest income and other receipts from
commercial loans and installment obligations that are unsecured by real or
tangible personal property or secured by intangible property must be attributed
to this state if the proceeds of the loan are to be applied in this state. If it cannot be determined where the funds
are to be applied, the income and receipts are attributed to the state in which
the office of the borrower from which the application would be made in the
regular course of business is located.
If this cannot be determined, the transaction is disregarded in the
apportionment formula.
(i) Interest income and other receipts from a
participating financial institution's portion of participation and syndication
loans must be attributed under paragraphs (e) to (h). A participation loan is an arrangement in which a lender makes a
loan to a borrower and then sells, assigns, or otherwise transfers all or a
part of the loan to a purchasing financial institution. A syndication loan is a loan transaction
involving multiple financial institutions in which all the lenders are named as
parties to the loan documentation, are known to the borrower, and have privity
of contract with the borrower.
(j) Interest income and other receipts including
service charges from financial institution credit card and travel and
entertainment credit card receivables and credit card holders' fees must be
attributed to the state to which the card charges and fees are regularly
billed.
(k) Merchant discount income derived from financial
institution credit card holder transactions with a merchant must be attributed
to the state in which the merchant is located.
In the case of merchants located within and outside the state, only
receipts from merchant discounts attributable to sales made from locations
within the state are attributed to this state.
It is presumed, subject to rebuttal, that the location of a merchant is
the address shown on the invoice submitted by the merchant to the taxpayer.
(l) Receipts from the performance of fiduciary and
other services must be attributed to the state in which the services are
received. For the purposes of this
section, services provided to a corporation, partnership, or trust must be
attributed to a state where it has a fixed place of doing business. If the state where the services are received
is not readily determinable or is a state where the corporation, partnership,
or trust does not have a fixed place of doing business, the services shall be
deemed to be received at the location of the office of the customer from which
the services were ordered in the regular course of the customer's trade or
business. If the ordering office cannot
be determined, the services shall be deemed to be received at the office of the
customer to which the services are billed.
(m) Receipts from the issuance of travelers checks
and money orders must be attributed to the state in which the checks and money
orders are purchased.
(n) Receipts from investments of a financial
institution in securities and from money market instruments must be apportioned
to this state based on the ratio that total deposits from this state, its
residents, including any business with an office or other place of business in
this state, its political subdivisions, agencies, and instrumentalities bear to
the total deposits from all states, their residents, their political
subdivisions, agencies, and instrumentalities.
In the case of an unregulated financial institution subject to this
section, these receipts are apportioned to this state based on the ratio that
its gross business income, excluding such receipts, earned from sources within
this state bears to gross business income, excluding such receipts, earned from
sources within all states. For purposes
of this subdivision, deposits made by this state, its residents, its political
subdivisions, agencies, and instrumentalities must be attributed to this state,
whether or not the deposits are accepted or maintained by the taxpayer at
locations within this state.
(o) A financial institution's interest in property
described in section 290.015, subdivision 3, paragraph (b), is included in the
receipts factor in the same manner as assets in the nature of securities or
money market instruments are included in paragraph (n).
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2009.
Sec. 15.
Minnesota Statutes 2006, section 291.03, subdivision 1, is amended to
read:
Subdivision 1.
Tax amount. (a) The tax imposed shall be an
amount equal to the proportion of the maximum credit for state death taxes
computed under section 2011 of the Internal Revenue Code, as amended through
December 31, 2000, but using Minnesota adjusted taxable estate instead of
federal adjusted taxable estate, as the Minnesota gross estate bears to the
value of the federal gross estate. The
tax determined under this paragraph shall not be greater than the amount
computed by applying the rates and brackets under section 2001(c) of the
Internal Revenue Code to the Minnesota adjusted gross estate and subtracting
the federal credit allowed under section 2010 of the Internal Revenue Code of
1986, as amended through December 31, 2000.
For the purposes of this section, expenses which are deducted for
federal income tax purposes under section 642(g) of the Internal Revenue Code as
amended through December 31, 2002, are not allowable in computing the tax under
this chapter.
(b) The tax determined under this subdivision must
not be greater than the sum of the following amounts multiplied by a fraction,
the numerator of which is the Minnesota gross estate and the denominator of
which is the federal gross estate:
(1) the rates and brackets under section 2001(c) of
the Internal Revenue Code multiplied by the sum of:
(A) the taxable estate, as defined under section
2051 of the Internal Revenue Code; plus
(B) adjusted taxable gifts, as defined in section
2001(b) of the Internal Revenue Code; less
(2) the amount of tax allowed under section
2001(b)(2) of the Internal Revenue Code; and less
(3) the federal credit allowed under section 2010 of
the Internal Revenue Code.
(c) For purposes of this subdivision, "Internal
Revenue Code" means the Internal Revenue Code of 1986, as amended through
December 31, 2000.
EFFECTIVE DATE. This section is effective for estates of decedents dying after
December 31, 2005.
Sec. 16.
Minnesota Statutes 2006, section 291.03, is amended by adding a
subdivision to read:
Subd. 1a. Expenses disallowed. For the purposes of this section,
expenses which are deducted for federal income tax purposes under section
642(g) of the Internal Revenue Code are not allowable in computing the tax
under this chapter.
EFFECTIVE DATE. This section is effective for estates of decedents dying after
December 31, 2005.
Sec. 17.
Laws 2008, chapter 154, article 3, section 3, the effective date, is
amended to read:
EFFECTIVE DATE. This section is effective for tax years beginning after December
31, 2007, except that clause (11) and the phrase "to the extent
included in federal taxable income," added in clause (12) are effective
retroactively for taxable years beginning after December 31, 2004.
ARTICLE 5
LOCAL DEVELOPMENT
Section 1. [116J.8732] SEED CAPITAL INVESTMENT
CREDIT; COMMISSIONER'S RESPONSIBILITIES.
Subdivision 1. Scope. This section establishes rules that businesses must satisfy to
qualify for the seed capital investment credit under section 290.06,
subdivision 34, and the commissioner's responsibility for certifying the
qualifying businesses.
Subd. 2. Definitions. (a) For purposes of this section and
section 290.06, subdivision 34, the following terms have the meanings given.
(b) "Border city" means a city qualifying
to designate a border city development zone under section 469.1731.
(c) "Pass-through entity" means a
corporation that for the applicable tax year is treated as an S corporation or
a general partnership, limited partnership, limited liability partnership,
trust, or limited liability company and which for the applicable taxable year
is not taxed as a corporation under chapter 290.
(d) "Primary sector business" means a
qualified business that through the employment of knowledge or labor adds value
to a product, process, or service and increases revenues to a Minnesota
business generated by sales of products or services to customers outside of the
state or increases revenues to a qualified business the customers of which
previously were unable to acquire, or had limited availability of the product
or service from a Minnesota provider.
(e) "Qualified business" means a business
certified by the commissioner as meeting the requirements of subdivision 3.
Subd. 3. Qualified business. (a) The commissioner shall certify
whether a business that has requested to become a qualified business meets the
requirements of paragraph (b).
(b) For purposes of this section, a qualified
business must be a primary sector business, other than a real estate investment
trust, that:
(1) is incorporated or its satellite operation is
incorporated as a for-profit corporation or is a partnership, limited
partnership, limited liability company, limited liability partnership, or joint
venture;
(2) is in compliance with the requirements for
filings with the commissioner of commerce under the securities laws of this
state;
(3) has Minnesota residents as a majority of its
employees in its principal office or the satellite operation, which is located
in a border city;
(4) has its principal office in a border city and
has the majority of its business activity performed in a border city, except
sales activity, or has a significant operation in a border city that has or is
projected to have more than ten employees or $150,000 of sales annually; and
(5) relies on innovation, research, or the
development of new products and processes in its plans for growth and
profitability.
(c) The commissioner shall establish the necessary
forms and procedures for certifying qualified businesses.
(d) A qualified business may apply to the
commissioner for a recertification.
Only one recertification is available to a qualified business. The application for recertification must be
filed with the commissioner within 90 days before the original certification
expiration date. The recertification
issued by the director must comply with the provisions of paragraph (e).
(e) The commissioner shall issue a certification
letter to a business the commissioner determines is a qualified business. The certification letter must include:
(1) the certification effective date; and
(2) the certification expiration date, which may not
be more than four years from the certification effective date.
Subd. 4. Seed capital investment credit
reporting. Within 30 days
after the date that an investment in a qualified business is purchased, the
qualified business shall file with the commissioner and the commissioner of revenue
and provide to the investor completed forms prescribed by the commissioner of
revenue that show as to each investment in the qualified business the
following:
(1) the name, address, and Social Security number of
the taxpayer who made the investment; and
(2) the dollar amount paid for the investment by the
taxpayer.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 2.
Minnesota Statutes 2006, section 116J.993, subdivision 3, is amended to
read:
Subd. 3. Business subsidy. "Business subsidy" or
"subsidy" means a state or local government agency grant,
contribution of personal property, real property, infrastructure, the principal
amount of a loan at rates below those commercially available to the recipient,
any reduction or deferral of any tax or any fee, any guarantee of any payment
under any loan, lease, or other obligation, or any preferential use of
government facilities given to a business.
The following forms of financial assistance are not
a business subsidy:
(1) a business subsidy of less than $25,000
$150,000;
(2) assistance that is generally available to all
businesses or to a general class of similar businesses, such as a line of
business, size, location, or similar general criteria;
(3) public improvements to buildings or lands owned
by the state or local government that serve a public purpose and do not
principally benefit a single business or defined group of businesses at the
time the improvements are made;
(4) redevelopment property polluted by contaminants
as defined in section 116J.552, subdivision 3;
(5) assistance provided for the sole purpose of
renovating old or decaying building stock or bringing it up to code and
assistance provided for designated historic preservation districts, provided
that the assistance is equal to or less than 50 percent of the total cost;
(6) assistance to provide job readiness and training
services if the sole purpose of the assistance is to provide those services;
(7) assistance for housing;
(8) assistance for pollution control or abatement,
including assistance for a tax increment financing hazardous substance
subdistrict as defined under section 469.174, subdivision 23;
(9) assistance for energy conservation;
(10) tax reductions resulting from conformity with
federal tax law;
(11) workers' compensation and unemployment
insurance;
(12) benefits derived from regulation;
(13) indirect benefits derived from assistance to
educational institutions;
(14) funds from bonds allocated under chapter 474A,
bonds issued to refund outstanding bonds, and bonds issued for the benefit of
an organization described in section 501(c)(3) of the Internal Revenue Code of
1986, as amended through December 31, 1999;
(15) assistance for a collaboration between a
Minnesota higher education institution and a business;
(16) assistance for a tax increment financing soils
condition district as defined under section 469.174, subdivision 19;
(17) redevelopment when the recipient's investment
in the purchase of the site and in site preparation is 70 percent or more of
the assessor's current year's estimated market value;
(18) general changes in tax increment financing law
and other general tax law changes of a principally technical nature;
(19) federal assistance until the assistance has
been repaid to, and reinvested by, the state or local government agency;
(20) funds from dock and wharf bonds issued by a
seaway port authority;
(21) business loans and loan guarantees of $75,000
$150,000 or less;
(22) federal loan funds provided through the United
States Department of Commerce, Economic Development Administration; and
(23) property tax abatements granted under section
469.1813 to property that is subject to valuation under Minnesota Rules,
chapter 8100.
Sec. 3.
Minnesota Statutes 2006, section 116J.994, subdivision 2, is amended to
read:
Subd. 2. Developing a set of criteria. A business subsidy may not be granted until
the grantor has adopted criteria after a public hearing for awarding business
subsidies that comply with this section.
The criteria may not be adopted on a case-by-case basis. The criteria must set specific minimum
requirements that recipients must meet in order to be eligible to receive
business subsidies. The criteria must
include a specific wage floor for the wages to be paid for the jobs
created. The wage floor may be stated
as a specific dollar amount or may be stated as a formula that will generate a
specific dollar amount. A grantor may
deviate from its criteria by documenting in writing the reason for the
deviation and attaching a copy of the document to its next annual report to the
department. The commissioner of
employment and economic development may assist local government agencies in
developing criteria. A copy of the
criteria must be submitted to the Department of Employment and Economic
Development along with the first annual report following the enactment of this
section or with the first annual report after it has adopted criteria,
whichever is earlier. Notwithstanding
section 116J.993, subdivision 3, clauses (1) and (21), for the purpose of this
subdivision, "business subsidies" as defined under section 116J.993
includes the following forms of financial assistance:
(1) a business subsidy of $25,000 or more; and
(2) business loans and guarantees of $75,000 or
more.
Sec. 4.
Minnesota Statutes 2006, section 116J.994, subdivision 5, is amended to
read:
Subd. 5. Public notice and hearing. (a) Before granting a business subsidy that
exceeds $500,000 for a state government grantor and $100,000 $150,000
for a local government grantor, the grantor must provide public notice and
a hearing on the subsidy. A public
hearing and notice under this subdivision is not required if a hearing and
notice on the subsidy is otherwise required by law.
(b) Public notice of a proposed business subsidy
under this subdivision by a state government grantor, other than the Iron Range
Resources and Rehabilitation Board, must be published in the State
Register. Public notice of a proposed
business subsidy under this subdivision by a local government grantor or the
Iron Range Resources and Rehabilitation Board must be published in a local
newspaper of general circulation. The
public notice must identify the location at which information about the
business subsidy, including a summary of the terms of the subsidy, is
available. Published notice should be
sufficiently conspicuous in size and placement to distinguish the notice from
the surrounding text. The grantor must
make the information available in printed paper copies and, if possible, on the
Internet. The government agency must
provide at least a ten-day notice for the public hearing.
(c) The public notice must include the date, time,
and place of the hearing.
(d) The public hearing by a state government grantor
other than the Iron Range Resources and Rehabilitation Board must be held in
St. Paul.
(e) If more than one nonstate grantor provides a
business subsidy to the same recipient, the nonstate grantors may designate one
nonstate grantor to hold a single public hearing regarding the business
subsidies provided by all nonstate grantors.
For the purposes of this paragraph, "nonstate grantor"
includes the iron range resources and rehabilitation board.
(f) The public notice of any public meeting about a
business subsidy agreement, including those required by this subdivision and by
subdivision 4, must include notice that a person with residence in or the owner
of taxable property in the granting jurisdiction may file a written complaint
with the grantor if the grantor fails to comply with sections 116J.993 to
116J.995, and that no action may be filed against the grantor for the failure
to comply unless a written complaint is filed.
Sec. 5.
Minnesota Statutes 2006, section 116J.994, subdivision 8, is amended to read:
Subd. 8. Reports by grantors. (a) Local government agencies of a local
government with a population of more than 2,500 and state government agencies,
regardless of whether or not they have awarded any business subsidies, must
file a report by April 1 of each year with the commissioner. Local government agencies of a local
government with a population of 2,500 or less are exempt from filing this
report if they have not awarded a business subsidy in the past five years. The report must include a list of recipients
that did not complete the recipient report required under subdivision 7 and a
list of recipients that have not met their job and wage goals within two years
and the steps being taken to bring them into compliance or to recoup the
subsidy.
If the commissioner has not received the report by
April 1 from an entity required to report, the commissioner shall issue a
warning to the government agency. If
the commissioner has still not received the report by June 1 of that same year
from an entity required to report, then that government agency may not award
any business subsidies until the report has been filed.
(b) The report required under paragraph (a) is
also required for financial assistance of $25,000 and greater that is excluded
from the definition of "business subsidy" by section 116J.993,
subdivision 3, clause (1), and of $75,000 and greater that is excluded from the
definition of "business subsidy" by section 116J.993, subdivision 3,
clause (21). The report for the
financial assistance under this paragraph must be completed within one year of
the granting of the financial assistance.
The report required for financial assistance under this paragraph must
include:
(1) the name of the recipient, its organizational
structure, its address and contact information, and its industry sector;
(2) a description of the amount and use of the
financial assistance and the total project budget, including a list of all
financial assistance by all grantors for the project and the private sources of
financial assistance;
(3) the public purpose of the financial assistance,
the job goals associated with both the financial assistance and the total
project in which the financial assistance is included, the hourly wage of each
job created, and the cost of health insurance provided by the employer;
(4) the date the project will be completed;
(5) the name and address of the parent corporation
of the recipient, if any; and
(6) any other information the commissioner may
request.
(c) Within one year of completing a report under
paragraph (b), the local government agency must report to the commissioner on
progress in achieving the purposes and goals under clause (3).
(d) The commissioner of employment and economic
development must provide information on reporting requirements to state and
local government agencies.
Sec. 6.
Minnesota Statutes 2007 Supplement, section 268.19, subdivision 1, as
amended by Laws 2008, chapter 315, section 16, is amended to read:
Subdivision 1.
Use of data. (a) Except as provided by this section, data
gathered from any person under 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 according to a district court order or section 13.05. A subpoena is not considered a district
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) the public authority responsible for child
support in Minnesota or any other state in accordance with section 256.978;
(5) human rights agencies within Minnesota that have
enforcement powers;
(6) the Department of Revenue to the extent
necessary for its duties under Minnesota laws;
(7) public and private agencies responsible for
administering publicly financed assistance programs for the purpose of
monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the
Division of Insurance Fraud Prevention in the Department of Commerce for uses
consistent with the administration of their duties under Minnesota law;
(9) 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;
(10) 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;
(11) local, state, and federal law enforcement
agencies for the purpose of ascertaining the last known address and employment
location of an individual who is the subject of a criminal investigation;
(12) the United States Citizenship and Immigration
Services has 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;
(13) the Department of Health for the purposes of
epidemiologic investigations; and
(14) the Department of Corrections for the purpose
of preconfinement and postconfinement employment tracking of committed
offenders for the purpose of case planning.; and
(15) the state auditor to the extent necessary to
conduct audits of job opportunity building zones as required under section
469.3201.
(b) Data on individuals and employers that are
collected, maintained, or used by the department in an investigation under
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 under statute or district 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 in 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.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 7.
Minnesota Statutes 2006, section 270B.15, is amended to read:
270B.15 DISCLOSURE TO
LEGISLATIVE AUDITOR AND STATE AUDITOR.
(a) Returns and return information must be disclosed to
the legislative auditor to the extent necessary for the legislative auditor to
carry out sections 3.97 to 3.979.
(b) The commissioner must disclose return
information, including the report required under section 289A.12, subdivision
15, to the state auditor to the extent necessary to conduct audits of job
opportunity building zones as required under section 469.3201.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 8.
Minnesota Statutes 2006, section 289A.12, is amended by adding a
subdivision to read:
Subd. 15. Report of job opportunity zone benefits;
penalty for failure to file report.
(a) By October 15 of each year, every qualified business, as defined
under section 469.310, subdivision 11, must file with the commissioner, on a
form prescribed by the commissioner, a report listing the tax benefits under
section 469.315 received by the business for the previous year.
(b) The commissioner shall send notice to each
business that fails to timely submit the report required under paragraph
(a). The notice shall demand that the
business submit the report within 60 days.
Where good cause exists, the commissioner may extend the period for
submitting the report as long as a request for extension is filed by the
business before the expiration of the 60-day period. The commissioner shall notify the commissioner of the Department
of Employment and Economic Development and the appropriate job opportunity
subzone administrator whenever notice is sent to a business under this
paragraph.
(c) A business that fails to submit the report as
required under paragraph (b) is no longer a qualified business under section
469.310, subdivision 11, and is subject to the repayment provisions of section
469.319.
EFFECTIVE DATE. This section is effective beginning with reports required to
be filed October 15, 2008.
Sec. 9.
Minnesota Statutes 2006, section 290.06, is amended by adding a
subdivision to read:
Subd. 35. Seed capital investment credit. (a) An individual, estate, or trust is
allowed a credit against the tax imposed by this chapter for investments in a
qualifying business certified under section 116J.8732, subdivision 3. The credit equals 45 percent of the amount
invested by the taxpayer in qualified businesses during the taxable year. The credit must not exceed $112,500 for each
taxable year.
(b) A pass-through entity that invests in a
qualified business must be considered to be the taxpayer for purposes of the
investment limitations in this subdivision and the amount of the credit allowed
with respect to a pass-through entity's investment in a qualified business must
be determined at the pass-through entity level. The amount of the total credit determined at the pass-through
entity level must be allowed to the members in proportion to their respective
interests in the pass-through entity.
(c) An investment made in a qualified business from
the assets of a retirement plan is deemed to be the retirement plan
participant's investment for the purpose of this subdivision if a separate
account is maintained for the plan participant and the participant directly
controls where the account assets are invested.
(d) The investment must be made on or after the certification
effective date and must be at risk in the business to be eligible for the tax
credit under this subdivision. An
investment for which a credit is received under this subdivision must remain in
the qualified business for at least three years. Investments placed in escrow do not qualify for the credit.
(e) The entire amount of an investment for which a
credit is claimed under this subdivision must be expended by the qualified
business for plant, equipment, research and development, marketing and sales
activity, or working capital for the qualified business.
(f) A taxpayer who owns a controlling interest in
the qualified business or who receives more than 50 percent of the taxpayer's
gross annual income from the qualified business is not entitled to a credit
under this subdivision. A member of the
immediate family of a taxpayer disqualified by this subdivision is not entitled
to the credit under this subdivision.
For purposes of this subdivision, "immediate family" means the
taxpayer's spouse, parent, sibling, or child or the spouse of any such person.
(g) The commissioner may disallow any credit
otherwise allowed under this subdivision if any representation by a business in
the application for certification as a qualified business proves to be false or
if the taxpayer or qualified business fails to satisfy any conditions under
this subdivision or section 116J.8732 or any conditions consistent with those
requirements otherwise determined by the commissioner. The commissioner has four years after the
due date of the return or after the return was filed, whichever period expires
later, to audit the credit and assess additional tax that may be found due to
failure to comply with the provisions of this subdivision and section
116J.8732. The amount of any credit
disallowed by the commissioner that reduced the taxpayer's income tax liability
for any or all applicable tax years, plus penalty and interest as provided
under chapter 289A, must be paid by the taxpayer.
(h) If the amount of the credit under this
subdivision for any taxable year exceeds the limitations under paragraph (a),
the excess is a credit carryover to each of the four succeeding taxable
years. The entire amount of the excess
unused credit for the taxable year must be carried first to the earliest of the
taxable years to which the credit may be carried. The amount of the unused credit that may be added under this
paragraph may not exceed the taxpayer's liability for tax, less the credit for
the taxable year. Each year, the
aggregate amount of seed capital investment tax credit allowed for investments
under this subdivision is limited to allocations that a border city has
available for tax reductions in border city enterprise zones under section
469.169. The city must annually notify the
commissioner of the amount of its section 469.169 allocations that it wishes to
use to provide credits under this paragraph and the commissioner, after
verifying the available allocation, shall implement the limit under this
paragraph. If investments in qualified
businesses reported to the commissioner exceed the limit on credits for
investments imposed by this subdivision, the credit must be allowed to
taxpayers in the chronological order of their investments in qualified
businesses as determined from the forms filed under section 116J.8732.
EFFECTIVE DATE. This section is effective July 1, 2008, for taxable years
beginning after December 31, 2007, and only applies to investments made after
the qualified business has been certified by the commissioner of employment and
economic development.
Sec. 10.
Minnesota Statutes 2006, section 383E.20, is amended to read:
383E.20 BONDING FOR COUNTY
LIBRARY BUILDINGS.
The Anoka County Board may, by resolution adopted by
a four-sevenths vote, issue and sell general obligation bonds of the county in
the manner provided in chapter 475 to acquire, better, and construct county
library buildings. The bonds shall not
be subject to the requirements of sections 475.57 to 475.59. The maturity years and amounts and interest
rates of each series of bonds shall be fixed so that the maximum amount of
principal and interest to become due in any year, on the bonds of that series
and of all outstanding series issued by or for the purposes of libraries, shall
not exceed an amount equal to the lesser of (i) .01 percent of the
taxable market value of all taxable property in the county, excluding any
taxable property taxed by any city for the support of any free public library,
or (ii) $1,250,000. When the tax
levy authorized in this section is collected, it shall be appropriated and
credited to a debt service fund for the bonds.
The tax levy for the debt service fund under section 475.61 shall be
reduced by the amount available or reasonably anticipated to be available in
the fund to make payments otherwise payable from the levy pursuant to section
475.61.
EFFECTIVE DATE. This section is effective the day after the governing body of
Anoka County and its chief clerical officer timely complete their compliance
with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
Sec. 11.
Minnesota Statutes 2006, section 469.033, subdivision 6, is amended to
read:
Subd. 6. Operation area as taxing district, special
tax. All of the territory included
within the area of operation of any authority shall constitute a taxing
district for the purpose of levying and collecting special benefit taxes as
provided in this subdivision. All of
the taxable property, both real and personal, within that taxing district shall
be deemed to be benefited by projects to the extent of the special taxes levied
under this subdivision. Subject to the
consent by resolution of the governing body of the city in and for which it was
created, an authority may levy a tax upon all taxable property within that taxing
district. The tax shall be extended,
spread, and included with and as a part of the general taxes for state, county,
and municipal purposes by the county auditor, to be collected and enforced
therewith, together with the penalty, interest, and costs. As the tax, including any penalties,
interest, and costs, is collected by the county treasurer it shall be
accumulated and kept in a separate fund to be known as the "housing and
redevelopment project fund." The money in the fund shall be turned over to
the authority at the same time and in the same manner that the tax collections
for the city are turned over to the city, and shall be expended only for the
purposes of sections 469.001 to 469.047.
It shall be paid out upon vouchers signed by the chair of the authority
or an authorized representative. The
amount of the levy shall be an amount approved by the governing body of the
city, but shall not exceed 0.0144 0.0185 percent of taxable
market value for the current levy year, notwithstanding section 273.032. The authority shall each year formulate and
file a budget in accordance with the budget procedure of the city in the same
manner as required of executive departments of the city or, if no budgets are
required to be filed, by August 1. The
amount of the tax levy for the following year shall be based on that budget.
EFFECTIVE DATE. This section is effective for property taxes payable in 2009.
Sec. 12.
Minnesota Statutes 2006, section 469.177, is amended by adding a
subdivision to read:
Subd. 13. Correction of errors. (a) If the county auditor, as a result of
an error or mistake, decertifies a district, fails to certify a district,
incorrectly certifies a district, or otherwise fails to correctly compute the
amount of increment, the county auditor may undertake one or more of the
following actions to correct the error or mistake:
(1) certify the original tax capacity of the
affected parcels at the appropriate value for a later taxes payable year and
extend the duration of the district, in whole or in part, to compensate;
(2) recertify the affected parcels and extend
duration of the district, in whole or in part, to compensate;
(3) recertify or correct the original tax capacity
rate for the district;
(4) adjust the tax rates of one or more of the taxing
districts imposing taxes in the tax increment financing districts for one or
more years to recoup amounts advanced by the county or other entity to the
authority to replace the reduced increments; or
(5) take other appropriate action so that the amount
of increment compensates for or offsets the error or mistake and correctly
reflects application of the law.
(b) At least 30 days before exercising authority
under this subdivision, the county auditor must notify the authority and the
municipality, in writing, of the intent to do so, including supporting
information to describe reason for the proposed action. The authority and municipality may waive the
time requirement of this paragraph. If
the city or the authority objects before expiration of the 30-day period, the
matter must be submitted to the commissioner of revenue for a decision or
resolution of the dispute. The
commissioner of revenue shall consult with the Office of the State Auditor
before making a decision.
(c) The county auditor must notify the commissioner
of revenue and the Office of the State Auditor of corrections made under this
subdivision. The notification must be
made in the form and manner and at the time prescribed by the commissioner. The commissioner shall incorporate the corrections
in the tax increment financing district tax list supplement, as appropriate.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to all tax increment financing districts, regardless of when the
request for certification was made or when the error occurred.
Sec. 13.
Minnesota Statutes 2006, section 469.319, is amended to read:
469.319 REPAYMENT OF TAX
BENEFITS BY BUSINESSES THAT NO LONGER OPERATE IN A ZONE.
Subdivision 1.
Repayment obligation. A business must repay the amount of the
total tax reduction benefits listed in section 469.315 and any
refund under section 469.318 in excess of tax liability, received during
the two years immediately before it (1) ceased to operate in the
zone, if the business:
(1) received tax reductions authorized by section
469.315; and
(2)(i) did not meet the goals specified in an
agreement entered into with the applicant that states any obligation the
qualified business must fulfill in order to be eligible for tax benefits. The commissioner of employment and economic
development may extend for up to one year the period for meeting any goals
provided in an agreement. The applicant
may extend the period for meeting other goals by documenting in writing the
reason for the extension and attaching a copy of the document to its next
annual report to the commissioner of employment and economic development; or
(ii) ceased to operate its facility located within
the job opportunity building zone perform a substantial level of activities
described in the business subsidy agreement, or (2) otherwise ceases
ceased to be or is not a qualified business, other than those
subject to the provisions of section 469.3191.
Subd. 1a. Repayment obligation of businesses not
operating in zone. Persons
that receive benefits without operating a business in a zone are subject to
repayment under this section if the business for which those benefits relate is
subject to repayment under this section.
Such persons are deemed to have ceased performing in the zone on the
same day that the qualified business for which the benefits relate becomes
subject to repayment under subdivision 1.
Subd. 2. Definitions. (a) For purposes of this section, the following terms have the
meanings given.
(b) "Business" means any person who
that received tax benefits enumerated in section 469.315.
(c) "Commissioner" means the commissioner
of revenue.
(d) "Persons that receive benefits without
operating a business in a zone" means persons that claim benefits under
section 469.316, subdivision 2 or 4, as well as persons that own property
leased by a qualified business and are eligible for benefits under section
272.02, subdivision 64, or 297A.68, subdivision 37, paragraph (b).
Subd. 3. Disposition of repayment. The repayment must be paid to the state to
the extent it represents a state tax reduction and to the county to the extent
it represents a property tax reduction.
Any amount repaid to the state must be deposited in the general
fund. Any amount repaid to the county for
the property tax exemption must be distributed to the local governments taxing
authorities with authority to levy taxes in the zone in the same manner
provided for distribution of payment of delinquent property taxes. Any repayment of local sales taxes must be
repaid to the commissioner for distribution to the city or county
imposing the local sales tax.
Subd. 4. Repayment procedures. (a) For the repayment of taxes imposed under
chapter 290 or 297A or local taxes collected pursuant to section 297A.99, a
business must file an amended return with the commissioner of revenue and pay
any taxes required to be repaid within 30 days after ceasing to do business
in the zone becoming subject to repayment under this section. The amount required to be repaid is
determined by calculating the tax for the period or periods for which repayment
is required without regard to the exemptions and credits allowed under section
469.315.
(b) For the repayment of taxes imposed under chapter
297B, a business must pay any taxes required to be repaid to the motor vehicle
registrar, as agent for the commissioner of revenue, within 30 days after ceasing
to do business in the zone becoming subject to repayment under this
section.
(c) For the repayment of property taxes, the county
auditor shall prepare a tax statement for the business, applying the applicable
tax extension rates for each payable year and provide a copy to the business
and to the taxpayer of record. The
business must pay the taxes to the county treasurer within 30 days after
receipt of the tax statement. The
business or the taxpayer of record may appeal the valuation and
determination of the property tax to the Tax Court within 30 days after receipt
of the tax statement.
(d) The provisions of chapters 270C and 289A
relating to the commissioner's authority to audit, assess, and collect the tax
and to hear appeals are applicable to the repayment required under paragraphs
(a) and (b). The commissioner may
impose civil penalties as provided in chapter 289A, and the additional tax and
penalties are subject to interest at the rate provided in section 270C.40, from
30 days after ceasing to do business in the job opportunity building zone
becoming subject to repayment under this section until the date the tax is
paid.
(e) If a property tax is not repaid under paragraph
(c), the county treasurer shall add the amount required to be repaid to the
property taxes assessed against the property for payment in the year following
the year in which the treasurer discovers that the business ceased to
operate in the job opportunity building zone auditor provided the
statement under paragraph (c).
(f) For determining the tax required to be repaid, a
tax reduction of a state or local sales or use tax is deemed to
have been received on the date that the tax would have been due if the
taxpayer had not been entitled to the exemption or on the date a refund was
issued for a refundable tax credit. good or service was purchased or
first put to a taxable use. In the case
of an income tax or franchise tax, including the credit payable under section
469.318, a reduction of tax is deemed to have been received for the two most
recent tax years that have ended prior to the date that the business became
subject to repayment under this section.
In the case of a property tax, a reduction of tax is deemed to have been
received for the taxes payable in the year that the business became subject to
repayment under this section and for the taxes payable in the prior year.
(g) The commissioner may assess the repayment of
taxes under paragraph (d) any time within two years after the business ceases
to operate in the job opportunity building zone becomes subject to
repayment under subdivision 1, or within any period of limitations for the
assessment of tax under section 289A.38, whichever period is later. The county auditor may send the statement
under paragraph (c) any time within three years after the business becomes
subject to repayment under subdivision 1.
(h) A business is not entitled to any income tax or
franchise tax benefits, including refundable credits, for any part of the year
in which the business becomes subject to repayment under this section nor for
any year thereafter. Property is not
exempt from tax under section 272.02, subdivision 64, for any taxes payable in
the year following the year in which the property became subject to repayment
under this section nor for any year thereafter. A business is not eligible for any sales tax benefits beginning with
goods or services purchased or first put to a taxable use on the day that the
business becomes subject to repayment under this section.
Subd. 5. Waiver authority. (a) The commissioner may waive all or
part of a repayment required under subdivision 1, if the commissioner,
in consultation with the commissioner of employment and economic development
and appropriate officials from the local government units in which the
qualified business is located, determines that requiring repayment of the tax
is not in the best interest of the state or the local government units and the
business ceased operating as a result of circumstances beyond its control
including, but not limited to:
(1) a natural disaster;
(2) unforeseen industry trends; or
(3) loss of a major supplier or customer.
(b)(1) The commissioner shall waive repayment
required under subdivision 1a if the commissioner has waived repayment by the
operating business under subdivision 1, unless the person that received
benefits without having to operate a business in the zone was a contributing
factor in the qualified business becoming subject to repayment under
subdivision 1;
(2) the commissioner shall waive the repayment
required under subdivision 1a, even if the repayment has not been waived for
the operating business if:
(i) the person that received benefits without having
to operate a business in the zone and the business that operated in the zone
are not related parties as defined in section 267(b) of the Internal Revenue
Code of 1986, as amended through December 31, 2007; and
(ii) actions of the person were not a contributing
factor in the qualified business becoming subject to repayment under
subdivision 1.
Subd. 6. Reconciliation. Where this section is inconsistent with
section 116J.994, subdivision 3, paragraph (e), or 6, or any other provisions
of sections 116J.993 to 116J.995, this section prevails.
EFFECTIVE DATE. The amendment to subdivision 4, paragraph (c), of this section
is effective the day following final enactment. The amendment to subdivision 4, paragraph (f), is effective
retroactively from January 1, 2008, and applies to all businesses that become
subject to this section in 2008. The
rest of this section is effective retroactively from January 1, 2004, except
that for violations that occur before the day following final enactment, this
section does not apply if the business has repaid the benefits or the
commissioner has granted a waiver.
Sec. 14. [469.3191] BREACH OF AGREEMENTS BY
BUSINESSES THAT CONTINUE TO OPERATE IN ZONE.
(a) A "business in violation of its business
subsidy agreement but not subject to section 469.319" means a business
that is operating in violation of the business subsidy agreement but maintains
a level of operations in the zone that does not subject it to the repayment
provisions of section 469.319, subdivision 1, clause (1).
(b) A business described in paragraph (a) that does
not sign a new or amended business subsidy agreement, as authorized under
paragraph (h), is subject to repayment of benefits under section 469.319 from
the day that it ceases to perform in the zone a substantial level of activities
described in the business subsidy agreement.
(c) A business described in paragraph (a) ceases
being a qualified business after the last day that it has to meet the goals
stated in the agreement.
(d) A business is not entitled to any income tax or
franchise tax benefits, including refundable credits, for any part of the year
in which the business is no longer a qualified business under paragraph (c),
and thereafter. A business is not eligible
for sales tax benefits beginning with goods or services purchased or put to a
taxable use on the day that it is no longer a qualified business under
paragraph (c). Property is not exempt
from tax under section 272.02, subdivision 64, for any taxes payable in the
year following the year in which the business is no longer a qualified business
under paragraph (c), and thereafter.
(e) A business described in paragraph (a) that wants
to resume eligibility for benefits under section 469.315 must request that the
commissioner of employment and economic development determine the length of
time that the business is ineligible for benefits. The commissioner shall determine the length of ineligibility by
applying the proportionate level of performance under the agreement to the
total duration of the zone as measured from the date that the business subsidy
agreement was executed. The length of
time must not be less than one full year for each tax benefit listed in section
469.315. The commissioner of employment
and economic development and the appropriate local government officials shall
consult with the commissioner of revenue to ensure that the period of
ineligibility includes at least one full year of benefits for each tax.
(f) The length of ineligibility determined under
paragraph (e) must be applied by reducing the zone duration for the property by
the duration of the ineligibility.
(g) The zone duration of property that has been
adjusted under paragraph (f) must not be altered again to permit the business
additional benefits under section 469.315.
(h) A business described in paragraph (a) becomes
eligible for benefits available under section 469.315 by entering into a new or
amended business subsidy agreement with the appropriate local government unit. The new or amended agreement must cover a
period beginning from the date of ineligibility under the original business
subsidy agreement, through the zone duration determined by the commissioner
under paragraph (f). No exemption of
property taxes under section 272.02, subdivision 64, is available under the new
or amended agreement for property taxes due or paid before the date of the
final execution of the new or amended agreement, but unpaid taxes due after
that date need not be paid.
(i) A business that violates the terms of an
agreement authorized under paragraph (h) is permanently barred from seeking
benefits under section 469.315 and is subject to the repayment provisions under
section 469.319 effective from the day that the business ceases to operate as a
qualified business in the zone under the second agreement.
EFFECTIVE DATE. This section is effective retroactively from January 1,
2004. For violations that occur before
the day following final enactment, this section does not apply if the business
has repaid the benefits or the commissioner has granted a waiver.
Sec. 15. [469.3192] PROHIBITION AGAINST
AMENDMENTS TO BUSINESS SUBSIDY AGREEMENT.
Except as authorized under section 469.3191, under
no circumstance shall terms of any agreement required as a condition for
eligibility for benefits listed under section 469.315 be amended to change job
creation, job retention, or wage goals included in the agreement.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to all agreements executed before, on, or after the effective date.
Sec. 16. [469.3193] CERTIFICATION OF CONTINUING
ELIGIBILITY FOR JOBZ BENEFITS.
(a) By December 1 of each year, every qualified
business must certify to the commissioner of revenue, on a form prescribed by
the commissioner of revenue, whether it is in compliance with any agreement
required as a condition for eligibility for benefits listed under section
469.315. A business that fails to submit
the certification, or any business, including those still operating in the
zone, that submits a certification that the commissioner of revenue later
determines materially misrepresents the business's compliance with the
agreement, is subject to the repayment provisions under section 469.319 from
January 1 of the year in which the report is due or the date that the business
became subject to section 469.319, whichever is earlier. Any such business is permanently barred from
obtaining benefits under section 469.315.
For purposes of this section, the bar applies to an entity and also
applies to any individuals or entities that have an ownership interest of at
least 20 percent of the entity.
(b) Before the sanctions under paragraph (a) apply
to a business that fails to submit the certification, the commissioner of
revenue shall send notice to the business, demanding that the certification be
submitted within 30 days and advising the business of the consequences for
failing to do so. The commissioner of
revenue shall notify the commissioner of employment and economic development
and the appropriate job opportunity subzone administrator whenever notice is
sent to a business under this paragraph.
(c) The certification required under this section is
public.
(d) The commissioner of revenue shall promptly
notify the commissioner of employment and economic development of all
businesses that certify that they are not in compliance with the terms of their
business subsidy agreement and all businesses that fail to file the
certification.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 17.
Minnesota Statutes 2006, section 469.3201, is amended to read:
469.3201 JOBZ EXPENDITURE
LIMITATIONS; AUDITS STATE AUDITOR; AUDITS OF JOB OPPORTUNITY BUILDING
ZONES AND BUSINESS SUBSIDY AGREEMENTS.
The Tax Increment Financing, Investment and
Finance Division of the Office of the State Auditor must annually audit the
creation and operation of all job opportunity building zones and business
subsidy agreements entered into under Minnesota Statutes, sections 469.310 to
469.320. To the extent necessary to
perform this audit, the state auditor may request from the commissioner of
revenue tax return information of taxpayers who are eligible to
receive tax benefits authorized under section 469.315. To the extent necessary to perform this
audit, the state auditor may request from the commissioner of employment and
economic development wage detail report information required under section
268.044 of taxpayers eligible to receive tax benefits authorized under section
469.315.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 18.
Minnesota Statutes 2006, section 473.39, is amended by adding a
subdivision to read:
Subd. 1n. Obligations. After July 1, 2008, in addition to other
authority in this section, the council may issue certificates of indebtedness,
bonds, or other obligations under this section in an amount not exceeding
$33,000,000 for capital expenditures as prescribed in the council's regional
transit master plan and transit capital improvement program and for related
costs, including the costs of issuance and sale of the obligations.
EFFECTIVE DATE. This section is effective July 1, 2008, and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 19.
Minnesota Statutes 2006, section 474A.047, subdivision 1, is amended to
read:
Subdivision 1.
Eligibility. (a) An issuer may only use the proceeds from
residential rental bonds if the proposed project meets the following
requirements:
(1) the proposed residential rental project meets
the requirements of section 142(d) of the Internal Revenue Code regarding the
incomes of the occupants of the housing; and
(2) the maximum rent for at least 20 percent of the
units in the proposed residential rental project do not exceed the area fair
market rent or exception fair market rents for existing housing, if applicable,
as established by the federal Department of Housing and Urban Development. The rental rates of units in a
residential rental project for which project-based federal assistance payments
are made are deemed to be within the rent limitations of this clause.
(b) The proceeds from residential rental bonds may
be used for a project for which project-based federal rental assistance
payments are made only if:
(1) the owner of the project enters into a binding
agreement with the Minnesota Housing Finance Agency under which the owner is
obligated to extend any existing low-income affordability restrictions and any
contract or agreement for rental assistance payments for the maximum term
permitted, including any renewals thereof; and
(2) the Minnesota Housing Finance Agency certifies
that project reserves will be maintained at closing of the bond issue and
budgeted in future years at the lesser of:
(i) the level described in Minnesota Rules, part
4900.0010, subpart 7, item A, subitem (2), effective May 1, 1997; or
(ii) the level of project reserves available prior
to the bond issue, provided that additional money is available to accomplish
repairs and replacements needed at the time of bond issue.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 20.
Laws 1995, chapter 264, article 5, section 46, subdivision 2, is amended
to read:
Subd. 2. Limitation on use of tax increments. (a) All revenues derived from tax
increments must be used in accordance with the housing replacement district
plan. The revenues must be used solely
to pay the costs of site acquisition, relocation, demolition of existing
structures, site preparation, and pollution abatement on parcels identified in
the housing replacement district plan, as well as public improvements and
administrative costs directly related to those parcels.
(b) Notwithstanding paragraph (a), the city of
Minneapolis may use revenues derived from tax increments from its housing
replacement district for activities related to parcels not identified in the
housing replacement plan, but which would qualify for inclusion under section
45, subdivision 1, paragraph (b), clauses (1) to (3).
(c) Notwithstanding paragraph (a), or any other
provisions of sections 44 to 47, the Crystal Economic Development Authority may
use revenues derived from tax increments from its housing replacement districts
numbers one and two as if those districts were housing districts under
Minnesota Statutes, section 469.174, subdivision 11, provided that eligible
activities may be located anywhere in the city without regard to the boundaries
of housing replacement district numbers one and two or any project area.
EFFECTIVE DATE. This section applies to revenues from the housing replacement
districts, regardless of when they were received, and is effective the day
following final enactment and for the city of Minneapolis, upon compliance by
the governing body of the city of Minneapolis with Minnesota Statutes, section
645.021, subdivision 3, and, for the city of Crystal, upon compliance by the
governing body of the city of Crystal with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 21.
Laws 2003, chapter 127, article 10, section 31, subdivision 1, is
amended to read:
Subdivision 1.
District extension. (a) The governing body of the city of
Hopkins may elect to extend the duration of its redevelopment tax increment
financing district 2-11 by up to four additional years.
(b) Notwithstanding any law to the contrary,
effective upon approval of this subdivision, no increments may be spent on
activities located outside of the area of the district, other than:
(1) to pay administrative expenses; or
(2) to pay the costs of housing activities, provided
that expenditures under this clause may not exceed 20 percent of the total tax
increments from the district.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 22.
Laws 2006, chapter 259, article 10, section 14, subdivision 1, is
amended to read:
Subdivision 1.
Definitions. (a) "City" means the city of
Minneapolis.
(b) "Homeless assistance tax increment
district" means a contiguous area of the city that:
(1) is no larger than six eight acres;
(2) is located within the boundaries of a city
municipal development district; and
(3) contains at least two shelters for homeless
persons that have been owned or operated by nonprofit corporations that (i) are
qualified charitable organizations under section 501(c)(3) of the United States
Internal Revenue Code, (ii) have operated such homeless facilities within the
district for at least five years, and (iii) have been recipients of emergency
services grants under Minnesota Statutes, section 256E.36.
EFFECTIVE DATE. This section is effective upon compliance by the city of
Minneapolis with Minnesota Statutes, section 645.021.
Sec. 23.
Laws 2008, chapter 154, article 9, section 23, is amended to read:
Sec. 23. CITY OF FRIDLEY; TAX INCREMENT FINANCING
DISTRICT; SPECIAL RULES.
(a) If the city elects upon the adoption of a tax
increment financing plan for a district, the rules under this section apply to
a redevelopment tax increment financing district established by the city of
Fridley or the housing and redevelopment authority of the city. The redevelopment tax increment district
includes city may include one or more of the following parcels and
adjacent railroad property and in the redevelopment tax increment
district, which shall be referred to as the Northstar Transit Station
District: parcel numbers 223024120010,
223024120009, 223024120017, 223024120016, 223024120018, 223024120012,
223024120011, 223024120005, 223024120004, 223024120003, 223024120013,
223024120008, 223024120007, 223024120006, 223024130005, 223024130010,
223024130011, 223024130003, 153024440039, 153024440037, 153024440041,
153024440042, 223024110013, 223024110016, 223024110017, 223024140008,
223024130002, 223024420004, 223024410002, 223024410003, 223024110008,
223024110007, 223024110019, 223024110018, 223024110003, 223024140003,
223024140009, 223024140002, 223024140010, and 223024410007.
(b) The requirements for qualifying a redevelopment
tax increment district under Minnesota Statutes, section 469.174, subdivision
10, do not apply to the parcels located within the Northstar Transit Station
District, which are deemed eligible for inclusion in a redevelopment tax
increment district.
(c) In addition to the costs permitted by Minnesota
Statutes, section 469.176, subdivision 4j, eligible expenditures within the
Northstar Transit Station District include those costs necessary to provide for
the construction and land acquisition for a tunnel under the Burlington Northern
Santa Fe railroad tracks to allow access to the Northstar Commuter Rail.
(d) Notwithstanding the provisions of Minnesota
Statutes, section 469.1763, subdivision 2, the city of Fridley may expend
increments generated from its tax increment financing districts Nos. 11, 12,
and 13 for costs permitted by paragraph (c) and Minnesota Statutes, section
469.176, subdivision 4j, outside the boundaries of tax increment financing
districts Nos. 11, 12, and 13, but only within the Northstar Transit Station
District.
(e) The five-year rule under Minnesota Statutes,
section 469.1763, subdivision 3, does not apply to the Northstar Transit
Station District or to tax increment financing districts Nos. 11, 12, and 13.
(f) The use of revenues for decertification under Minnesota
Statutes, section 469.1763, subdivision 4, does not apply to tax increment
financing districts Nos. 11, 12, and 13.
(g) The city may establish additional tax increment
financing districts consisting of parcels identified in paragraph (a), which it
does not include in the Northstar Transit District, under general law. The provisions of paragraph (c) apply to
these districts and the permitted pooling percentage for the districts under
Minnesota Statutes, section 469.1763, subdivision 2, is increased to 30
percent. The provisions of paragraphs
(b), (d), (e), and (f) do not apply to these districts. The authority to create districts under this
authority expires on December 30, 2017.
EFFECTIVE DATE. This section is effective upon approval by the governing body
of the city of Fridley and upon compliance by the city with Minnesota Statutes,
section 645.021, subdivision 3.
Sec. 24.
Laws 2008, chapter 154, article 9, section 24, is amended to read:
Sec. 24. CITY OF NEW BRIGHTON; TAX INCREMENT FINANCING;
EXPENDITURES OUTSIDE DISTRICT.
Subdivision 1. Expenditures outside district. Notwithstanding the provisions of Minnesota
Statutes, section sections 469.176, subdivision 4d, and 469.1763,
subdivision 2, or any other law to the contrary, the city of New
Brighton may expend increments generated from its tax increment financing district
No. 26 to facilitate eligible activities districts 9, 20, and 26. The increments may be used to pay eligible
expenses as permitted by Minnesota Statutes, section 469.176, subdivision 4e
4j, outside the boundaries of tax increment financing district No. 26
districts 9, 20, and 26, but only within the area described in Laws 1998,
chapter 389, article 11, section 24, subdivision 1, and commonly
referred to as the Northwest Quadrant.
Minnesota Statutes, section 469.1763, subdivisions 3 and 4, do not apply
to expenditures permitted by this section.
Subd. 2. District duration extension. Notwithstanding the provisions of
Minnesota Statutes, section 469.176, subdivision 1b, or any other law to the
contrary, the duration limits that apply to redevelopment tax increment
financing districts numbers 31 and 32 established under Laws 1998, chapter 389,
article 11, section 24, and hazardous substance subdistricts numbers 31A and 32A
established under Minnesota Statutes, sections 469.174 to 469.1799, are
extended by four years.
EFFECTIVE DATE. This section is effective upon approval by the governing body
of the city of New Brighton and upon compliance by the city with Minnesota Statutes,
section 645.021, subdivision 3.
Sec. 25. CITY OF AUSTIN; TAX INCREMENT FINANCING
AUTHORITY.
Notwithstanding the requirements of Minnesota
Statutes, section 469.1763, subdivision 3, that activities must be undertaken
within a five-year period from the date of certification of tax increment
financing district and notwithstanding the provisions of any other law, the
governing body of the city of Austin may use tax increments from its Tax
Increment Financing District No. 9 to reimburse the city's housing and
redevelopment authority for money spent disposing of soils and debris in the
tax increment financing district, as required by the Minnesota Pollution
Control Agency.
EFFECTIVE DATE. This section is effective upon compliance by the governing body
of the city of Austin with the requirements of Minnesota Statutes, section
645.021.
Sec. 26. BLOOMINGTON TAX INCREMENT FINANCING;
FIVE-YEAR RULE.
The requirements of Minnesota Statutes, section
469.1763, subdivision 3, that activities must be undertaken within a five-year
period from the date of certification of a tax increment financing district,
are increased to a ten-year period for the Port Authority of the City of
Bloomington's Tax Increment Financing District No. 1-I, Bloomington Central Station.
EFFECTIVE DATE. This section is effective upon compliance by the governing
body of the Port Authority of the City of Bloomington with the requirements of
Minnesota Statutes, section 645.021.
Sec. 27. CITY OF BLOOMINGTON; TAX INCREMENT
FINANCING DISTRICT; PROJECT REQUIREMENTS.
Subdivision 1. Addition of parcels to Tax Increment
Financing District No. 1-G. Notwithstanding
the provisions of Minnesota Statutes, section 469.175, subdivision 4, or any
other law to the contrary, the governing bodies of the Port Authority of the
city of Bloomington and the city of Bloomington may elect to eliminate certain
real property from Tax Increment Financing District
No. 1-C within Industrial Development District No. 1 Airport South in the city of Bloomington, Minnesota, and
expand the boundaries of Tax Increment Financing District No. 1-G to
include real property, which is described as follows:
(1) PARCEL C:
That part of Lindau Lane lying westerly of 24th Avenue South and lying
easterly of State Highway No. 77; and
(2) PARCEL D:
Lot 1, Block 1, MALL OF AMERICA 3RD ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota, Except that part of said Lot 1
described as commencing at the most easterly corner of Lot 2, said Block 1,
said MALL OF AMERICA 3RD ADDITION; thence on an assumed bearing of South 45
degrees 00 minutes 00 seconds West, along the southeasterly line of said Lot 2,
Block 1, MALL OF AMERICA 3RD ADDITION, a distance of 18.58 feet to the point of
beginning of the land to be described:
thence South 45 degrees 00 minutes 29 seconds East a distance of 30.69
feet; thence South 89 degrees 59 minutes 52 seconds East a distance of 303.62
feet; thence South 0 degrees 00 minutes 08 seconds West a distance of 10.00
feet; thence North 89 degrees 57 minutes 47 seconds East a distance of 55.90
feet; thence North 0 degrees 06 minutes 52 minutes West a distance of 10.01
feet; thence North 89 degrees 59 minutes 04 seconds East a distance of 332.04
feet; thence North 44 degrees 57 minutes 59 seconds East a distance 10.55 feet
to the southwesterly line of Lot 3, Block 1, said MALL OF AMERICA 3RD ADDITION;
thence South 45 degrees 00 minutes 00 seconds East along said southwesterly
line of Lot 3, a distance of 244.08 feet to the most southerly southwest corner
of said Lot 3; thence on a bearing of East along the south line of said Lot 3 a
distance of 1.37 feet; thence South 0 degrees 10 minutes 07 seconds West a
distance of 30.07 feet; thence North 89 degrees 58 minutes 07 seconds East a
distance of 83.84 feet; thence South 0 degrees 00 minutes 40 seconds West a
distance of 540.08 feet; thence North 89 degrees 58 minutes 39 seconds West a
distance of 53.64 feet; thence South 0 degrees 02 minutes 43 seconds West a
distance of 29.71 feet to the north line of Lot 4, Block 1, said MALL OF
AMERICA 3RD ADDITION; thence on a bearing of West along said north line of Lot
4 a distance of 1.13 feet to the most northerly northwest corner of said Lot 4;
thence South 45 degrees 00 minutes 00 seconds West along the northwesterly line
of said Lot 4 a distance of 293.65 feet; thence North 45 degrees 03 minutes 26
seconds West a distance of 59.81 feet; thence North 89 degrees 59 minutes 24
seconds West a distance 277.25 feet; thence North 0 degrees 02 minutes 42
seconds East a distance of 10.21 feet; thence North 89 degrees 59 minutes 24
seconds West a distance of 55.93 feet; thence South 0 degrees 00 minutes 36
seconds West a distance of 10.17 feet; thence South 89 degrees 59 minutes 32
seconds West a distance of 261.98 feet; thence South 45 degrees 07 minutes 13
seconds West a distance of 70.69 feet to the northeasterly line of Lot 5, Block
1, said MALL OF AMERICA 3RD ADDITION; thence North 45 degrees 00 minutes 00
seconds West along said northeasterly line of Lot 5 a distance of 363.21 feet
to the most northerly northeast corner of said Lot 5; thence on a bearing of
West along the north line of said Lot 5 a distance of 1.74 feet; thence North 0
degrees 05 minutes 14 seconds East a distance of 30.30 feet; thence South 89 degrees
56 minutes 58 seconds West a distance of 81.56 feet; thence North 0 degrees 00
minutes 24 seconds East a distance of 497.92 feet; thence South 89 degrees 58
minutes 55 seconds East a distance of 123.79 feet; thence North 0 degrees 01
minutes 54 seconds East a distance of 30.06 feet to the south line of said Lot
2, Block 1, MALL OF AMERICA 3RD ADDITION; thence on a bearing of East along
said south line of Lot 2, Block 1, MALL OF AMERICA 3RD ADDITION; thence on a
bearing of East along said south line of Lot 2, Block 1, MALL OF AMERICA 3RD
ADDITION, a distance of 1.22 feet to the most southerly southeast corner of
said Lot 2, Block 1, MALL OF AMERICA 3RD ADDITION; thence North 45 degrees 00
minutes 00 seconds East along said southeasterly line of Lot 2, Block 1, MALL
OF AMERICA 3RD ADDITION, a distance of 264.05 feet to the point of beginning.
Subd. 2. Original tax capacity of Tax Increment
Financing District No. 1-G. Upon
inclusion of the real property described above in the Tax Increment District
No. 1-G, the Hennepin County auditor must increase the original tax capacity of
Tax Increment District No. 1-G by $208,000.
Subd. 3. Use of increments. Notwithstanding Laws 1996, chapter 464,
article 1, section 8, subdivision 3, paragraph (d), clauses (1) and (2), the
tax increments, assessments, and other revenues derived from any portion of Tax
Increment Financing District No. 1-G may be used:
(1) to pay debt service on revenue bonds issued
under section 29;
(2) to reimburse or otherwise pay the developer for
public improvements because of counted value resulting from investment in
property in Tax Increment Financing District No. 1-G under section 9.2(05) of
the restated contract for purchase and private redevelopment of land, by and
among the city of Bloomington, the Port Authority of the city of Bloomington,
and the Mall of America Company, dated May 31, 1988; and
(3) to pay the principal, premium, and interest on
bonds, notes, or other obligations issued by the city of Bloomington or the
Port Authority of the city of Bloomington to finance capital and related costs
of public improvements in Tax Increment Financing District No. 1-G. In sections 27 to 30, "public
improvements" are limited to public improvements for which tax increments
may be expended under the tax increment financing plan for Tax Increment
Financing District No. 1-G as amended November 15, 2001.
Subd. 4. Public hearing on district modification. When the governing bodies of the port
authority or the city elect to exercise the authority provided in subdivision 1
to modify the districts, they must conduct a public hearing after published
notice on the issue, with the meeting beginning between 6:00 p.m. and 7:00 p.m.
on a weeknight.
Subd. 5. Construction of Mall of America phase
II. (a) The governing bodies
of the city of Bloomington and the Bloomington Port Authority, as a condition
of providing tax increments or other financial assistance for parking
facilities and other public improvements, must enter into an agreement with the
developers of the project that ensures that the facility complies with the
sustainable building guidelines in Minnesota Statutes, section 16B.325, and
that it must be, to the greatest extent practicable, constructed of
American-made steel.
(b) The agreement must prohibit any additional draw
from an aquifer for the purpose of a man-made lake, waterpark, or similar
entertainment venue.
(c) The agreement must also prohibit inclusion of an
auditorium, theater, or similar live entertainment venue. This paragraph does not prohibit inclusion
of multi-screen movie theaters, nightclubs, restaurants, or museums.
Subd. 6. Living wage. Any agreement to provide financial
assistance to phase II of the Mall of America project must include a provision
that requires payment of wages that meet the requirements of Minnesota
Statutes, section 469.310, subdivision 11, paragraph (g), to persons employed
on a full-time basis at the facility.
This subdivision does not apply to seasonal or temporary employees or to
internships or similar positions intended to provide career experience or
training. This subdivision does not
apply to nonprofit organizations, educational institutions, or businesses that
employ fewer than 50 employees.
Subd. 7. Affordable access. To the extent determined by the governing
body of the city or the port authority, any agreement to provide financial
assistance to phase II of the Mall of America project must provide for
affordable access to the amusement areas of the facility.
Subd. 8. Labor peace. As a condition to exercising the
authority provided in subdivision 1, the governing bodies of the city of
Bloomington and the Bloomington Port Authority shall require the developers of
phase II of the Mall of America project to enter into a labor peace agreement
with the labor organization which is most actively engaged in representing and
attempting to represent hotel workers in Hennepin and Ramsey Counties. The labor peace agreement must be an
enforceable agreement and must prohibit the labor organization and its members
from engaging in any boycott or other activity advising customers not to
patronize any hotel that is part of Phase II for at least the first five years
of the hotel's operation, and must cover all operations at the hotel, other
than construction, alteration, or repair of the premises separately owned and
operated, which are conducted by lessees or tenants or under management
agreements, except retail operations, including gift, jewelry, and clothing
shops that have annual gross revenues of less than $250,000.
Subd. 9. Certificate of compliance; affirmative
action. As a condition of
exercising the authority provided in this section and sections 28 and 29, the
governing bodies of the city of Bloomington and the Bloomington Port Authority
must enter into an agreement with the developers of the project that requires
each contractor or subcontractor in connection with construction of the project
to comply with the requirements of Minnesota Statutes, section 363A.36, as if
the contract were with a state agency or department.
EFFECTIVE DATE. This section is effective the day after the governing body of
the city of Bloomington and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivision 3, with
respect to this section and section 30.
Sec. 28. CITY OF BLOOMINGTON; LOCAL TAXING
AUTHORITY.
Subdivision 1. Additional taxes authorized; use of
proceeds. Notwithstanding
Minnesota Statutes, section 477A.016, or any other law, ordinance, or charter
provision to the contrary, the governing body of the city of Bloomington may
impose any or all of the taxes described in this section. The proceeds of any taxes imposed under this
section or section 27, less refunds and the cost of collection, must be used to
provide financing for parking facilities or other public improvements for the
Mall of America phase II. The Port
Authority of the city of Bloomington may, but is not required to, issue or
cause the sale of bonds, a developer's note, or other obligations to finance
the improvements. If a governmental
entity other than the city of Bloomington issues the obligations used to
finance the parking facilities and other public improvements, the city may
transfer the funds available under this section and section 27 for financing
the project to the entity that issued the bonds.
Subd. 2. Sales tax. The city of Bloomington may charter a
special taxing authority, which is a separate political subdivision. The geographic area of the special taxing
authority consists of Tax Increment Financing Districts No. 1-C and No. 1-G in
the city. The city council is the
governing body of the special taxing authority. The special taxing authority may impose, by resolution, a sales
tax of not less than one-half of one percent and not more than one percent
within its boundaries. The provisions
of Minnesota Statutes, section 297A.99, except for subdivisions 2 and 3, govern
the imposition, administration, collection, and enforcement of the tax
authorized in this subdivision.
Subd. 3. Lodging tax. The city may impose, by ordinance, a tax
of up to one percent on the gross receipts subject to the lodging tax under
Minnesota Statutes, section 469.190.
This tax is in addition to any tax imposed under Minnesota Statutes,
section 469.190, and may be imposed within a tax district defined by the city
council, which must include Tax Increment Districts No. 1-C and No. 1-G in the
city of Bloomington and may include additional areas of the city, which are not
required to be contiguous.
Subd. 4. Admissions and recreation tax. The city may impose, by ordinance, a tax
of up to one percent on admissions to entertainment and recreational facilities
and rental of recreation equipment at sites within a tax district defined by
the city council, which must include Tax Increment Financing Districts No. 1-C
and No. 1-G in the city of Bloomington and may include additional areas of the
city, which are not required to be contiguous.
Subd. 5. Food and beverage tax. The city may impose, by ordinance, an
additional sales tax of up to three percent on sales of food and beverages
primarily for consumption on or off the premises by restaurants and places of
refreshment as defined by resolution of the city within Tax Increment Financing
Districts No. 1-C and No. 1-G in the city of Bloomington.
Subd. 6. Lodging taxes. Notwithstanding any law or ordinance, the
city may use the unobligated proceeds of any existing city lodging tax
attributable to imposition of the tax on lodging facilities constructed after
the date of enactment of this act within Tax Increment Financing District No.
1-G. In this subdivision,
"unobligated proceeds of any existing city lodging tax" means the
proceeds of a lodging tax imposed by the city of Bloomington prior to May 1,
2008, to the extent the proceeds of the tax are not contractually pledged to
any other specific uses. Lodging tax
proceeds derived from lodging facilities constructed after the date of
enactment of this act within Tax Increment
Financing District No. 1-G that have been required
by law to be expended for promotion of the metropolitan sports area or for
marketing and promotion of the city by the city convention bureau may be
expended for the purposes described in subdivision 1, notwithstanding the
dedications in those laws.
EFFECTIVE DATE. This section is effective the day after compliance by the
governing body of the city of Bloomington with Minnesota Statutes, section
645.021, subdivision 3, with respect to this section and section 30.
Sec. 29. MALL OF AMERICA PHASE II PARKING
FACILITY REVENUE BONDS.
Subdivision 1. Issuing authority. (a) The city of Bloomington may contract
with any of the following authorities to issue and sell revenue bonds for the
purposes and in the amounts specified in subdivision 2:
(1) the commissioner of finance, exercising the
authority granted under this section and Minnesota Statutes, sections 16A.672
to 16A.675;
(2) the Agricultural and Economic Development Board,
exercising the powers granted under this section and Minnesota Statutes,
chapter 41A; or
(3) the Minnesota Public Facilities Authority,
exercising the powers granted under this section and Minnesota Statutes,
chapter 446A.
(b) The authority granted in this section is in
addition to the statutes in paragraph (a) and notwithstanding any contrary
provisions in them.
(c) The contract must include as a party the
developer of phase II of the Mall of America and may include as a party any
other entity deemed appropriate by the city of Bloomington, the issuing
authority, and the developer.
Subd. 2. Purposes and amounts. (a) The revenue bonds may be issued in a
single or multiple issues and sold for the following purposes:
(1) to pay the costs to design, construct, furnish,
and equip parking facilities and related public improvements for phase II of
the Mall of America;
(2) to pay the costs of issuance, debt service, and
bond insurance or other credit enhancements, and to fund reserves; and
(3) to refund bonds issued under this section.
(b) The amount of bonds that may be issued for the
purposes of paragraph (a), clause (1), may not exceed per issue the estimated
cost from time to time of the parking facilities and other public improvements,
including soft costs; the amount of bonds that may be issued for the purposes
of paragraph (a), clauses (2) and (3), is not limited.
Subd. 3. Revenue sources. The debt service on the bonds is payable
only from the following sources:
(1) the tax revenues referred to in section 28; and
(2) other nonstate revenues pledged to the payment
of the bonds.
Subd. 4. Sale and issuance; proceeds. (a) The issuing authority may sell and
issue the bonds on the terms and conditions the issuing authority determines to
be in the best interests of the state after reviewing an agreement between the
city of Bloomington and the developer of phase II of the Mall of America
setting out the terms upon
which the city of Bloomington will use the proceeds
of the bond sales. The bonds may be
sold at public or private sale at a price or prices the issuing authority finds
appropriate. The issuing authority may
enter any agreements or pledges the issuing authority determines necessary or
useful to sell the bonds that are not inconsistent with this section.
(b) The city may enter into a preliminary agreement
with the issuing authority under which the city agrees, if the revenue bonds
are not issued, to pay or cause to be paid the costs and expenses incurred by
the issuing authority relating to the proposed issuance of the revenue bonds.
(c) The proceeds of the bonds issued under this
section must be credited to a special Mall of America revenue bond proceeds
account with the issuing authority or a trustee and are appropriated to the
issuing authority for payment to the city of Bloomington for the purposes
specified in subdivision 2.
Subd. 5. Security. The issuing authority may irrevocably
pledge and appropriate for payment of the revenue bonds and premium, if any,
and interest thereon the revenues it receives from the city of Bloomington
derived from tax increments and taxes the city is authorized to impose under
section 28. By a resolution of the
issuing authority or by an indenture of trust executed under its authority, the
issuing authority may make any and all covenants with bondholders, or with a trustee
for the bondholders, that are determined by the issuing authority to be
necessary and proper to ensure the marketability of the revenue bonds and the
segregation and application of the revenues pledged to the payment of the
revenue bonds. Any tax revenues
transferred to the issuing authority that are not required by the terms of the
bonds or other obligations issued under this section, or related documents, to
be applied to the payment of the principal, premium, or interest on the bonds
or other obligations, the funding of reserves, or the payment of fees, costs,
or reimbursements, must be transferred to the city of Bloomington. The revenue bonds are not general
obligations of the issuing authority but are payable solely from the revenues
received by the city of Bloomington and the proceeds thereof that are pledged
to the payment of the revenue bonds.
The revenue bonds must not be taken into account for purposes of any
limitation on the principal amount of bonds of the issuing authority under
Minnesota Statutes, section 446A.12, subdivision 1, or other law. The proceeds of the revenue bonds to be
applied to the costs of parking facilities and other public improvements may be
made available by the issuing authority to the city of Bloomington for those
purposes by a loan agreement or other agreement between the issuing authority
and the city. The city may, by
resolution or in a loan agreement or other instrument with the issuing
authority, pledge to the payment of the revenue bonds issued by the authority
all or a portion of the revenues collected from the imposition of the taxes the
city is authorized to impose under section 28 and make any or all covenants
determined by the city and the issuing authority to be necessary and proper for
the security or marketability of the revenue bonds to be issued by the issuing
authority and the payment of the costs and expenses incurred by the issuing
authority relating to the revenue bonds.
Subd. 6. Refunding bonds. The issuing authority may issue bonds to
refund outstanding bonds issued under subdivision 1, including the payment of
any redemption premiums on the bonds and any interest accrued or to accrue to
the first redemption date after delivery of the refunding bonds. The proceeds of the refunding bonds may, in
the discretion of the issuing authority, be applied to the purchases or payment
at maturity of the bonds to be refunded, or the redemption of the outstanding
bonds on the first redemption date after delivery of the refunding bonds and
may, until so used, be placed in escrow to be applied to the purchase,
retirement, or redemption. Refunding
bonds issued under this subdivision must be issued and secured in the manner
provided by the issuing authority.
Subd. 7. Not a general or moral obligation. Bonds issued under this section are not
general or moral obligations of the issuing authority, and the full faith,
credit, and taxing powers of the state are not pledged for their payment. The bonds may not be paid directly, in whole
or in part, from a tax of statewide application on any class of property,
income, transaction, or privilege.
Payment of the bonds is limited to the revenues explicitly authorized to
be pledged under this section. The
state neither makes nor has a moral obligation to pay the bonds if the pledged
revenues and other legal security for them is insufficient.
Subd. 8. Trustee. The issuing authority may contract with
and appoint a trustee for bond holders.
The trustee has the powers and authority vested in it by the issuing
authority under the bond and trust indentures.
Subd. 9. Pledges. Any pledge made of money, property, or
other revenues to the bonds by the issuing authority is valid and binding from
the time the pledge is made. The money
or property pledged and later received by the issuing authority is immediately
subject to the lien of the pledge without any physical delivery of the property
or money or further act, and the lien of any pledge is valid and binding as
against all parties having claims of any kind in tort, contract, or otherwise
against the issuing authority, whether or not those parties have notice of the
lien or pledge. The resolution,
indenture, agreement, or other instrument by which a pledge is created need not
be recorded. Any tax revenues pledged
to the issuing authority that are not required by the terms of the bonds or
other obligations issued under this section, or related documents, to be
applied to the payment of the principal, premium, or interest on the bonds or
other obligations, the funding of reserves, or the payment of fees, costs, or
reimbursements, must be released from the pledge to the bonds and other
obligations in accordance with the terms of the bonds, other obligations, and
related documents.
Subd. 10. Bonds; purchase and cancellation. The issuing authority, subject to
agreements with bondholders that may then exist, may, out of any money
available for the purpose, purchase bonds of the issuing authority at a price
not exceeding (1) if the bonds are then redeemable, the redemption price then
applicable plus accrued interest, or (2) if the bonds are not redeemable, the
redemption price applicable on the first date after the purchase upon which the
bonds become subject to redemption plus accrued interest to that date.
Subd. 11. State pledge against impairment of
contracts. The state pledges
and agrees with the holders of any bonds that the state will not limit or alter
the rights vested in the issuing authority to fulfill the terms of any
agreements made with the bondholders, or in any way impair the rights and
remedies of the holders until the bonds, together with interest on them, with
interest on any unpaid installments of interest, and all costs and expenses in
connection with any action or proceeding by or on behalf of the bondholders,
are fully met and discharged. The
issuing authority may include this pledge and agreement of the state in any
agreement with the holders of bonds issued under this section.
EFFECTIVE DATE. This section is effective the day after the governing body of
the city of Bloomington and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivision 3, with
respect to this section and section 30.
Sec. 30. STATE REVIEW; BUT-FOR DETERMINATION;
DEVELOPMENT AGREEMENT.
Subdivision 1. Required conditions. All of the conditions required under this
section must be satisfied before the city and authority may contract with an
issuing authority as provided in section 29.
This section only applies if the city and authority contract with an
issuing authority under section 29.
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Authority" means the port authority
of the city of Bloomington.
(c) "City" means the city of Bloomington.
(d) "Commissioner" means the commissioner
of finance.
Subd. 3. Required disclosure. The authority, city, and developer shall
provide to the commissioner on a confidential basis all of the materials and
information necessary to carry out the commissioner's responsibilities under
this section. The developer shall
provide information or access to its financial records and books as requested
by the commissioner on a confidential basis.
Subd. 4. But-for determination. The commissioner shall determine, in
writing, whether the assistance to be funded by the provisions of sections 27
to 29 is necessary to make the project financially feasible. The determination must be based on full
disclosure by the developer of all costs and other information on the project
and a determination by the commissioner that the amount of assistance to be
provided is required to permit a competitive market return on the
investment. The commissioner shall
consider an executed letter of intent to issue financing for the project from a
licensed financial institution or institutions that requires the funding
described in this section as a condition of placing the financing to be
evidence of the financial necessity of such assistance and must subsequently
affirm in writing whether assistance is necessary to make the project
financially feasible.
Subd. 5. Development agreement required. The city, authority, developer, and
commissioner must enter into a development agreement that includes, at least,
the following provisions:
(1) the minimum private improvements that must be
undertaken to qualify for assistance;
(2) the developer's contribution to the parking
facility or facilities;
(3) the dates for commencement and completion of the
facility;
(4) a requirement that the assistance will be used
solely for construction of the parking facilities and other public improvements
and to reimburse the costs of the state in evaluation of the development and
negotiation of the development agreement;
(5) the authority is the owner of the parking
facilities;
(6) construction of the parking facilities and all
private improvement construction are subject to payment of prevailing wage as
defined in Minnesota Statutes, section 177.42, subdivision 7, and construction
of the parking facilities is subject to competitive bidding requirements,
unless constructed under Minnesota Statutes, section 469.071;
(7) all costs for operation, maintenance, capital
improvement and repair of the parking facilities must be paid by the developer;
and
(8) the developer shall be allowed to utilize bond
funds based on progress work in place for the construction of the parking
facilities as design and construction progresses based on costs incurred and
certified by the developer, port authority, and independent inspecting
architect or engineer on a monthly basis subject to the provision of a
completion guarantee by the developer or performance bond assuring the
completion of the minimum parking and public improvements. The developer may assign its right to
reimbursement under the development agreement as collateral for any loan to
fund the construction.
Subd. 6. Recovery of state costs. The developer shall advance all of the
costs of the commissioner to evaluate the need for the assistance and negotiate
the development agreement as a condition of commencement of the
negotiation. Notwithstanding the
provisions of Minnesota Statutes, section 16C.095, the commissioner may
contract with outside entities for any assistance needed in developing this development
agreement.
Subd. 7. LCPFP Review. The commissioner shall submit the
completed development agreement to the Legislative Commission on Planning and
Fiscal Policy for approval. The
development agreement is not effective until approved by the commission,
provided that, if the commission has not approved or rejected the development
agreement within 120 days of its submission by the commissioner, it will be
deemed to have been approved.
EFFECTIVE DATE. This section is effective the day after the governing body of
the city of Bloomington and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivision 3, with
respect to this section and section 29.
Sec. 31. CITY OF DULUTH; EXTENSION OF TIME FOR ACTIVITY
IN TAX INCREMENT FINANCING DISTRICTS.
Subdivision 1. District No. 20. The requirements of Minnesota Statutes,
section 469.1763, subdivision 3, that activities must be undertaken within a
five-year period from the date of certification of a tax increment financing
district, must be considered to be met for Duluth Economic Development
Authority Tax Increment Financing District No. 20 if the activities are
undertaken within ten years from the date of certification of the district.
Subd. 2. District No. 21. The requirements of Minnesota Statutes,
section 469.1763, subdivision 3, that activities must be undertaken within a
five-year period from the date of certification of a tax increment financing
district, must be considered to be met for Duluth Economic Development
Authority Tax Increment Financing District No. 21 if the activities are
undertaken within ten years from the date of certification of the district.
EFFECTIVE DATE. This section is effective upon compliance by the governing
body of the city of Duluth with the requirements of Minnesota Statutes, section
645.021, subdivision 3.
Sec. 32. CITY OF WELLS; DISPOSITION OF TAX
INCREMENT FINANCING REVENUES.
Notwithstanding the provisions of Minnesota
Statutes, section 469.174, subdivision 25, the following are deemed not to be
"increments," "tax increments," or "revenues derived
from tax increment" for purposes of the redevelopment district in the city
of Wells, identified as Downtown Development Program 1, for amounts received
after decertification of the district:
(1) rents paid by private tenants for use of a
building acquired in whole or in part with tax increments; and
(2) proceeds from the sale of the building.
EFFECTIVE DATE. This section is effective upon compliance by the governing
body of the city of Wells with the requirements of Minnesota Statutes, section
645.021, subdivision 3.
Sec. 33. MULTICOUNTY HOUSING AND REDEVELOPMENT
AUTHORITY LEVY AUTHORITY.
Notwithstanding Minnesota Statutes, section 469.033,
subdivision 6, or any other law to the contrary, the governing body of the
Northwest Minnesota Multicounty Housing and Redevelopment Authority, upon
approval by a two-thirds majority of all its members, may levy an amount not to
exceed 25 percent of the total levy permitted under Minnesota Statutes, section
469.033, subdivision 6, without approval of that levy by the governing body of
the city or county within which the authority operates. The authority to levy the remainder of the
total levy permitted under that provision remains subject to approval by the
governing body of the city or county.
For purposes of the levy authorized under this section only, the
Northwest Minnesota Multicounty Housing and Redevelopment Authority is considered
a special taxing jurisdiction as provided in Minnesota Statutes, section
275.066.
EFFECTIVE DATE. This section is effective for taxes levied in 2008, payable in
2009, and is repealed effective for taxes levied in 2013, payable in 2014, and
thereafter.
Sec. 34. CITY OF OAKDALE; ORIGINAL TAX
CAPACITY.
(a) The provisions of this section apply to
redevelopment tax increment financing districts created by the Housing and
Redevelopment Authority in and for the city of Oakdale in the areas comprised
of the parcels with the following parcel identification numbers: (1) 3102921320053; 3102921320054;
3102921320055; 3102921320056; 3102921320057; 3102921320058; 3102921320062;
3102921320063; 3102921320059; 3102921320060; and 3102921320061; and (2)
3102921330005 and 3102921330004.
(b) For a district subject to this section, the
Housing and Redevelopment Authority may, when requesting certification of the
original tax capacity of the district under Minnesota Statutes, section
469.177, elect to have the original tax capacity of the district be certified
as the tax capacity of the land.
(c) The authority to request certification of a
district under this section expires on July 1, 2013.
EFFECTIVE DATE; LOCAL
APPROVAL. This section is effective upon approval
by the governing body of the city of Oakdale and compliance with Minnesota
Statutes, section 645.021, subdivision 3.
Sec. 35. DAKOTA COUNTY COMMUNITY DEVELOPMENT
AUTHORITY; PLAN MODIFICATION.
Notwithstanding Minnesota Statutes, section 469.175,
subdivision 4, the Dakota County Community Development Authority may designate
additional property to be acquired by the authority for a tax increment
financing project without meeting the requirements for approval of an original
tax increment financing plan if the property:
(1) consists of one or more parcels under common
ownership;
(2) is acquired from a willing seller;
(3) is acquired for purposes of development as a
housing project as defined in Minnesota Statutes, section 469.174, subdivision
11; and
(4) the acquisition is approved by the governing body
of the authority after holding a public hearing thereon after published notice
in a newspaper of general circulation in the municipality in which the property
is located at least once not less than ten days nor more than 30 days prior to
the date of the hearing. The published
notice must include a map depicting the property and the general area of the
municipality within which the property is located. The hearing may be held before or at the time of authority
approval of the acquisition.
EFFECTIVE DATE. This section is effective upon compliance by the governing
body of the Dakota County Community Development Authority with the requirements
of Minnesota Statutes, section 645.021, subdivision 3.
Sec. 36. CITY OF ST. PAUL; TAX INCREMENT
FINANCING DISTRICT.
Subdivision 1. Authorization. Notwithstanding the provisions of any
other law, upon approval of the governing body of the city of St. Paul, the
Housing and Redevelopment Authority of the city of St. Paul may establish a
redevelopment tax increment financing district comprised of the properties
included in the existing downtown and Seventh Place tax increment district
(County #82). Notwithstanding Minnesota
Statutes, section 469.177, subdivision 6, if certification of the district is
requested by July 31, 2008, the certification will be recognized by the county
auditor in determining local tax rates for taxes payable in 2009 and subsequent
years. The district created under this
section terminates December 31, 2023.
The city may create the district under this section only if it enters
into an agreement with Ramsey County to pay the county annually out of the
increment from this district an amount equal to the tax that would have been
payable to the county on the captured tax capacity of the district had the
district not been created.
Subd. 2. Special rules. The requirements for qualifying a
redevelopment district under Minnesota Statutes, section 469.174, subdivision
10, do not apply to parcels located within the district. Minnesota Statutes, section 469.176,
subdivisions 4j and 4l, do not apply to the district. The original tax capacity of the district is $1,801,052.
Subd. 3. Authorized expenditures. Tax increment from the district may be
expended only to pay principal and interest on bond obligations issued by the
St. Paul Housing and Redevelopment Authority in 1996 for the convention center,
including payment of principal and interest on any bonds issued to repay the
bonds or loans. All such expenditures
are deemed to be activities within the district under Minnesota Statutes,
section 469.1763, subdivisions 2, 3, and 4.
Subd. 4. Adjusted net tax capacity. The captured tax capacity of the district
must be included in the adjusted net tax capacity of the city, county, and
school district for the purposes of determining local government aid, education
aid, and county program aid. The county
auditor shall report to the commissioner of revenue the amount of the captured
tax capacity for the district at the time the assessment abstracts are filed.
EFFECTIVE DATE. This section is effective upon compliance with Minnesota
Statutes, section 645.021, subdivision 3.
Sec. 37. CITY OF MINNEAPOLIS; TAX INCREMENT
FINANCING DISTRICT.
Subdivision 1. Authorization. Notwithstanding the provisions of any
other law, the city of Minneapolis may establish a redevelopment tax increment
financing district comprised of the properties included in the existing tax
increment districts in the city that are exempt under Minnesota Statutes,
section 469.179, subdivision 1, and were not decertified before July 1,
2008. The district created under this
section may be certified after January 1, 2010, and terminates no later than
December 31, 2020. The city may create
the district under this section only if it enters into an agreement with
Hennepin County to pay the county annually out of the increment from this
district an amount equal to the tax that would have been payable to the county
on the captured tax capacity of the district had the district not been created.
Subd. 2. Special rules. The requirements for qualifying a
redevelopment district under Minnesota Statutes, section 469.174, subdivision
10, do not apply to parcels located within the district. Minnesota Statutes, section 469.176,
subdivisions 4j and 4l, do not apply to the district. The original tax capacity of the district is $2,731,854.
Subd. 3. Authorized expenditures. Tax increment from the district may be
expended only to pay principal and interest on bond obligations issued by the
city of Minneapolis or the Minneapolis Community Development Agency for Target
Center, including payment of principal and interest on any bonds issued to
repay bonds or loans and for neighborhood revitalization purposes. All such expenditures are deemed to be
activities within the district under Minnesota Statutes, section 469.1763,
subdivisions 2, 3, and 4.
Subd. 4. Adjusted net tax capacity. The captured tax capacity of the district
must be included in the adjusted net tax capacity of the city, county, and
school district for the purposes of determining local government aid, education
aid, and county program aid. The county
auditor shall report to the commissioner of revenue the amount of the captured
tax capacity for the district at the time the assessment abstracts are filed.
EFFECTIVE DATE. This section is effective upon compliance with Minnesota
Statutes, section 645.021, subdivision 3.
Sec. 38. TEMPORARY INCREASE IN ANNUAL VOLUME CAP.
Subdivision 1. Applicability. This section applies if federal tax law
is amended after April 28, 2008, to provide a temporary increase in the annual
volume cap for private activity bonds for housing purposes for calendar year
2008 or 2009, and applies only to the amount of the annual volume cap
attributable to the temporary increase for those purposes.
Subd. 2. Definitions. As used in this section, "annual
volume cap," "bonding authority," "commissioner,"
"federal tax law," and "housing pool" have the meanings
given in Minnesota Statutes, section 474A.02.
As used in this section, "agency" and "city" have
the meanings given in Minnesota Statutes, section 474A.061, subdivision 2a,
paragraph (c). As used in this section,
"carryforward" means the ability to issue obligations in a year
subsequent to the year in which an allocation of bonding authority was obtained
under this section as provided in section 146(f) of federal tax law.
Subd. 3. Allocations. (a) The commissioner shall determine the
aggregate dollar amount attributable to the temporary increase in the annual volume
cap for housing purposes. Of this
amount, the commissioner shall make the following allocations for 2008:
(1) 43 percent to the housing pool, of which 31
percent of the allocation is reserved for single-family housing programs for a
period ending on the earlier of:
(i) October 31, 2008, or October 31, 2009, if the
increase is made available for calendar year 2009; or
(ii) 180 days after the allocation by the
commissioner of the temporary increase in the volume cap;
(2) 30 percent to the agency;
(3) 12 percent to the city of Minneapolis;
(4) nine percent to the city of St. Paul; and
(5) six percent to the Dakota County Community
Development Agency for the county of Dakota and all political subdivisions
located within the county.
(b) Allocations provided under this subdivision must
be used for mortgage bonds or residential rental project bonds.
(c) Data on the home purchase price amount, mortgage
amount, income, household size, and race of the households served with the
proceeds of mortgage bonds and mortgage credit certificates using an allocation
under this section in a calendar year must be submitted by each issuer to the
agency by December 31 of the following year.
Compliance by the agency with the provisions of Minnesota Statutes,
section 462A.073, subdivision 5, shall be deemed to be in compliance by the
agency with the reporting requirements of this paragraph.
(d) Any amount allocated under paragraph (a), clause
(2), (3), (4), or (5), may be transferred as provided in Minnesota Statutes, section
474A.04, subdivision 6.
Subd. 4. Housing pool. Any amounts allocated to the housing pool
under subdivision 3 that are not reserved for single-family housing programs
must be allocated according to Minnesota Statutes, section 474A.061, subdivisions
2a and 4, subject to the following conditions:
(1) other amounts in the housing pool, if any, must
be allocated from the housing pool before any allocation is made from amounts
attributable to the temporary increase in annual volume cap;
(2) any amount of the temporary increase in the
annual volume cap remaining in the housing pool on the last Monday of July
2008, or on the last Monday of July 2009, if the temporary increase in annual
volume cap is made available for calendar year 2009, or that is allocated to
the housing pool under subdivision 3, thereafter shall remain in the housing
pool for allocation until the last Monday in November 2008, or the last Monday
in November 2009, if the temporary increase in the annual volume is made
available for calendar year 2009;
(3) any allocation of the temporary increase in the
annual volume cap that is canceled under Minnesota Statutes, section 474A.061,
subdivision 4, shall be returned to the housing pool for reallocation, unless
the cancellation occurs after the last Monday in November 2008, or after the
last Monday in November 2009, if the temporary increase in the annual volume is
made available for calendar year 2009, in which case the canceled allocation is
allocated to the agency; and
(4) any bonding authority attributable to the
temporary increase in the annual volume cap that has not been allocated on
December 1, 2008, or on December 1, 2009, if the temporary increase in the
annual volume is made available for calendar year 2009, is allocated to the agency.
Subd. 5. Single-family housing programs. (a) Bonding authority reserved in the
housing pool for single-family housing programs under subdivision 3 is
available for single-family housing programs for cities that applied in January
2008, and received an allocation under Minnesota Statutes, section 474A.061,
subdivision 2a, in 2008. If the
temporary increase in the annual volume is made available for calendar year
2009, the bonding authority reserved in the housing pool for single-family
housing programs under subdivision 3 is available for single-family housing
programs for cities that applied in January 2009, and received an allocation
under Minnesota Statutes, section 474A.061, subdivision 2a, in 2009. The agency shall receive an allocation for
mortgage bonds pursuant to this subdivision.
For a period of time determined by the agency, the agency may accept
applications from the cities for the volume cap.
(b) The agency may issue bonds on behalf of
participating cities. The agency shall
request an allocation from the commissioner for all applicants and the
commissioner shall allocate the requested amount to the agency. Allocations shall be awarded by the
commissioner through the last Monday in November 2008 for applications received
by 4:30 p.m. on the Monday of the week preceding an allocation. If the temporary increase in the annual
volume is made available for calendar year 2009, the commissioner shall award
allocations through the last Monday in November 2009 for applications received
by 4:30 p.m. on the Monday of the week preceding an allocation.
Allocations must be made for each loan on a
first-come, first-served basis among the cities. The agency shall submit an application fee under Minnesota
Statutes, section 474A.03, subdivision 4, and an application deposit equal to
two percent of the requested allocation to the commissioner when requesting an
allocation from the housing pool under this subdivision. After awarding an allocation and receiving a
notice of issuance for mortgage bonds issued on behalf of the participating
cities, the commissioner shall transfer the application deposit to the agency.
(c) Total allocations from the housing pool for
single-family housing programs under this subdivision may not exceed 31 percent
of the allocation to the housing pool under subdivision 3 until November 1,
2008. If the temporary increase in the
annual volume is made available for calendar year 2009, the total allocations
from the housing pool for single-family housing programs under this subdivision
may not exceed 31 percent of the allocation to the housing pool under
subdivision 3 until November 1, 2009.
(d) An allocation awarded to the agency for mortgage
bonds under this subdivision may be carried forward by the agency as provided
in subdivision 6.
Subd. 6. Carryforward. Any issuer that receives an allocation
under this section may carry forward the allocation to the extent permitted by
federal tax law. The provisions of
Minnesota Statutes, section 474A.04, subdivision 1a, do not apply to the
carryforward.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE 6
PROPERTY TAXES
Section 1.
Minnesota Statutes 2006, section 126C.41, subdivision 2, is amended to
read:
Subd. 2. Retired employee health benefits. A district may levy an amount up to the
amount the district is required by the collective bargaining agreement in
effect on March 30, 1992, to pay for health insurance or unreimbursed medical
expenses for licensed and nonlicensed employees who have terminated services in
the employing district and withdrawn from active teaching service or other
active service, as applicable, before July 1, 1992 1998, if a sunset
clause is in effect for the current collective bargaining agreement. The total amount of the levy each year may
not exceed $600,000.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec. 2.
Minnesota Statutes 2006, section 270C.85, subdivision 2, is amended to
read:
Subd. 2. Powers and duties. The commissioner shall have and exercise the
following powers and duties in administering the property tax laws.
(a) Confer with, advise, and give the necessary
instructions and directions to local assessors and local boards of review
throughout the state as to their duties under the laws of the state.
(b) Direct proceedings, actions, and prosecutions to
be instituted to enforce the laws relating to the liability and punishment of
public officers and officers and agents of corporations for failure or
negligence to comply with the provisions of the property tax laws, and cause
complaints to be made against local assessors, members of boards of
equalization, members of boards of review, or any other assessing or taxing
officer, to the proper authority, for their removal from office for misconduct
or negligence of duty.
(c) Require county attorneys to assist in the
commencement of prosecutions in actions or proceedings for removal, forfeiture,
and punishment, for violation of the property tax laws in their respective districts
or counties.
(d) Require town, city, county, and other public
officers to report information as to the assessment of property, and such other
information as may be needful in the work of the commissioner, in such form as
the commissioner may prescribe.
(e) Transmit to the governor, on or before the third
Monday in December of each even-numbered year, and to each member of the
legislature, on or before November 15 of each even-numbered year, the report of
the department for the preceding years, showing all the taxable property
subject to the property tax laws and the value of the same, in tabulated form.
(f) Inquire into the methods of assessment and
taxation and ascertain whether the assessors faithfully discharge their duties.
(g) Assist local assessors in determining the
estimated market value of industrial special-use property. For purposes of this paragraph,
"industrial special-use property" means property that:
(1) is designed and equipped for a particular type
of industry;
(2) is not easily adapted to some other use due to
the unique nature of the facilities;
(3) has facilities totaling at least 75,000 square
feet in size; and
(4) has a total estimated market value of
$10,000,000 or greater based on the assessor's preliminary determination.
EFFECTIVE DATE. This section is effective for assessment year 2009 and
thereafter, for taxes payable in 2010 and thereafter.
Sec. 3.
Minnesota Statutes 2006, section 272.02, subdivision 55, is amended to
read:
Subd. 55. Electric generation facility; personal
property. Notwithstanding
subdivision 9, clause (a), attached machinery and other personal property which
is part of an electric generating facility that meets the requirements of this
subdivision is exempt. At the time of
construction, the facility must (i) be designated as an innovative energy
project as defined in section 216B.1694, (ii) be within a tax relief area as
defined in section 273.134, (iii) have access to existing railroad
infrastructure within less than three miles, (iv) have received by resolution
approval from the governing body of the county and township or city in which
the proposed facility is to be located for the exemption of personal property
under this subdivision, and (v) be designed to host at least 500 megawatts of
electrical generation.
Construction of the first 500 megawatts of the
facility must be commenced after January 1, 2006, and before January 1, 2010
2012. Construction of up to an
additional 750 megawatts of generation must be commenced before January 1,
2015. Property eligible for this
exemption does not include electric transmission lines and interconnections or
gas pipelines and interconnections appurtenant to the property or the facility. To qualify for an exemption under this
subdivision, the owner of the electric generation facility must have an
agreement with the host county, township or city, and school district, for
payment in lieu of personal property taxes to the host county, township or
city, and school district.
Sec. 4.
Minnesota Statutes 2006, section 272.02, subdivision 84, is amended to
read:
Subd. 84. Electric generation facility; personal
property. Notwithstanding
subdivision 9, clause (a), attached machinery and other personal property which
is part of a 10.3 megawatt run-of-the-river hydroelectric generation facility
and that meets the requirements of this subdivision is exempt. At the time of construction, the facility
must:
(1) utilize between 12 and 16 turbine generators at
a dam site existing on March 31, 1994;
(2) be located on land within 3,000 feet of a 13.8
kilovolt distribution substation; and
(3) be eligible to receive a renewable energy
production incentive payment under section 216C.41.
Construction of the facility must be commenced after
April 30, 2006, and before January 1, 2009 2011. Property eligible for this exemption does
not include electric transmission lines and interconnections or gas pipelines
and interconnections appurtenant to the property or the facility.
Sec. 5.
Minnesota Statutes 2006, section 272.02, is amended by adding a
subdivision to read:
Subd. 88. Fergus Falls historical zone. (a) Property located in the area of the
campus of the former state regional treatment center in the city of Fergus
Falls, including the five buildings and associated land that were acquired by
the city prior to January 1, 2007, is exempt from ad valorem taxes levied under
chapter 275.
(b) The exemption applies for 15 calendar years from
the date specified by resolution of the governing body of the city of Fergus
Falls. For the final three assessment
years of the duration limit, the exemption applies to the following percentages
of estimated market value of the property:
(1) for the third to the last assessment year of the
duration, 75 percent;
(2) for the second to the last assessment year of
the duration, 50 percent; and
(3) for the last assessment year of the duration, 25
percent.
EFFECTIVE DATE. This section is effective for property taxes payable in 2009
and thereafter.
Sec. 6.
Minnesota Statutes 2006, section 272.02, is amended by adding a
subdivision to read:
Subd. 89. Electric generation facility; personal
property. (a)
Notwithstanding subdivision 9, paragraph (a), attached machinery and other
personal property which is part of a simple-cycle combustion-turbine electric
generation facility that exceeds 150 megawatts of installed capacity and that
meets the requirements of this subdivision is exempt. At the time of construction, the facility must:
(1) utilize natural gas as a primary fuel;
(2) be owned by an electric generation and
transmission cooperative;
(3) be located within one mile of an existing
16-inch natural gas pipeline and a 69-kilovolt and a 230-kilovolt high-voltage
electric transmission line;
(4) be designed to provide peaking, emergency backup,
or contingency services;
(5) have received a certificate of need under
section 216B.243 demonstrating demand for its capacity; and
(6) have received by resolution the approval from
the governing bodies of the county and the city in which the proposed facility
is to be located for the exemption of personal property under this subdivision.
(b) Construction of the facility must be commenced
after January 1, 2008, and before January 1, 2012. Property eligible for this exemption does not include electric
transmission lines and interconnections or gas pipelines and interconnections
appurtenant to the property or the facility.
EFFECTIVE DATE. This section is effective for the 2008 assessment payable in
2009 and thereafter.
Sec. 7. [272.0213] LEASED SEASONAL-RECREATIONAL
LAND.
A county board may elect, by resolution, to exempt
from taxation, including the tax under section 273.19, qualified lands.
"Qualified lands" for purposes of this section means property that:
(1) is owned by a county, city, town, the state, or
the federal governments;
(2) is rented by the entity for noncommercial
seasonal-recreational or noncommercial seasonal-recreational residential use;
and
(3) was rented for the purposes specified in clause
(2) and was exempt from taxation for property taxes payable in 2008.
EFFECTIVE DATE. This section is effective beginning for taxes payable in 2009.
Sec. 8. [273.0645] COMMISSIONER REVIEW OF LOCAL
ASSESSMENT PRACTICES.
The commissioner of revenue must review the
assessment practices in a taxing jurisdiction if requested in writing by a
qualifying number of property owners in that taxing jurisdiction. The request must be signed by the greater
of:
(1) ten percent of the registered voters who voted
in the last general election; or
(2) five property owners.
The request must identify the city, town, or county
and describe why a review is sought for that taxing jurisdiction. The commissioner must conduct the review in
a reasonable amount of time and report the findings to the county board of the
affected county, to the affected city council or town board, if the review is
for a specific city or town, and to the property owner designated in the
request as the person to receive the report on behalf of all the property
owners who signed the request. The
commissioner must also provide the report electronically to all property owners
who signed the request and provided an e-mail address in order to receive the
report electronically.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 9.
Minnesota Statutes 2006, section 273.11, subdivision 14a, is amended to
read:
Subd. 14a. Vacant land platted on or after August 1,
2001; located in metropolitan counties.
(a) Except as provided in subdivision 14c, all land platted on or
after August 1, 2001, located in a metropolitan county, and not improved with a
permanent structure, shall be assessed as provided in this subdivision. The assessor shall determine the market
value of each individual lot based upon the highest and best use of the
property as unplatted land. In
establishing the market value of the property, the assessor shall consider the
sale price of the unplatted land or comparable sales of unplatted land of
similar use and similar availability of public utilities.
(b) The market value determined in paragraph (a)
shall be increased as follows for each of the three assessment years
immediately following the final approval of the plat: one-third of the difference between the property's unplatted
market value as determined under paragraph (a) and the market value based upon
the highest and best use of the land as platted property shall be added in each
of the three subsequent assessment years.
(c) Any increase in market value after the first
assessment year following the plat's final approval shall be added to the
property's market value in the next assessment year. Notwithstanding paragraph (b), if the property is sold or
transferred, or construction begins before the expiration of the three
years in paragraph (b), that lot shall be eligible for revaluation in the next
assessment year. The market value of a
platted lot determined under this subdivision shall not exceed the value of
that lot based upon the highest and best use of the property as platted land.
(d) For purposes of this section, "metropolitan
county" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
EFFECTIVE DATE. This section is effective for taxes payable in 2010 and
thereafter.
Sec. 10.
Minnesota Statutes 2006, section 273.11, subdivision 14b, is amended to
read:
Subd. 14b. Vacant land platted on or after August 1,
2001; located in nonmetropolitan counties.
(a) All land platted on or after August 1, 2001, located in a
nonmetropolitan county, and not improved with a permanent structure, shall be
assessed as provided in this subdivision.
The assessor shall determine the market value of each individual lot
based upon the highest and best use of the property as unplatted land. In establishing the market value of the
property, the assessor shall consider the sale price of the unplatted land or
comparable sales of unplatted land of similar use and similar availability of
public utilities.
(b) The market value determined in paragraph (a)
shall be increased as follows for each of the seven assessment years
immediately following the final approval of the plat: one-seventh of the difference between the property's unplatted
market value as determined under paragraph (a) and the market value based upon
the highest and best use of the land as platted property shall be added in each
of the seven subsequent assessment years.
(c) Any increase in market value after the first
assessment year following the plat's final approval shall be added to the
property's market value in the next assessment year. Notwithstanding paragraph (b), if the property is sold or
transferred, or construction begins before the expiration of the seven
years in paragraph (b), that lot shall be eligible for revaluation in the next
assessment year. The market value of a
platted lot determined under this subdivision shall not exceed the value of
that lot based upon the highest and best use of the property as platted land.
EFFECTIVE DATE. This section is effective for taxes payable in 2010 and thereafter.
Sec. 11.
Minnesota Statutes 2006, section 273.11, is amended by adding a
subdivision to read:
Subd. 14c. Certain vacant land platted on or after
August 1, 2001; located in metropolitan county. (a) All land platted on or after August
1, 2001, located in a metropolitan county and not improved with a structure
shall be eligible for the phase-in assessment schedule under this subdivision,
provided the property (i) is classified homestead under section 273.13,
subdivision 22 or 23, in the assessment year prior to the year the initial
platting begins on the property; (ii) has been owned or part-owned by the same
person for the ten consecutive years prior to the initial platting; and (iii)
remains under the same ownership in the current assessment year.
(b) Based upon the assessor's records, the assessor
shall obtain the estimated market value of each individual lot based upon the
highest and best use of the property as unplatted land for the assessment year
that the property was platted. In
establishing the market value of the property, the assessor shall have
considered the sale price of the unplatted land or comparable sales of
unplatted land of similar use and similar availability of public utilities.
(c) To the market value determined in paragraph (b)
shall be added one-seventh of the difference between the property's unplatted
market value as determined under paragraph (b) and the market value based upon
the highest and best use of the land as platted property in the current year,
multiplied by the number of assessment years since the property was platted, in
each of the subsequent assessment years.
(d) Notwithstanding paragraph (c), if the property
is sold or transferred, or construction begins before the expiration of the
phase-in in paragraph (c), that lot shall be eligible for revaluation in the
next assessment year. The market value
of a platted lot determined under this subdivision shall not exceed the value
of that lot based upon the highest and best use of the property as platted
land.
(e) Any owner of eligible property platted before
July 1, 2008, must file an application with the assessor in order to receive
the phase-in under this subdivision for the remainder of the seven-year
period. The application must be filed
before July 1 in order for the property to be eligible for the current year's
assessment. The commissioner shall
prescribe a uniform application form and instructions.
(f) For purposes of this section, "metropolitan
county" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter, except that the portion of paragraph (d) referring to a lot that is
sold or transferred is effective for taxes payable in 2010 and thereafter.
Sec. 12.
Minnesota Statutes 2006, section 273.111, subdivision 3, as amended by
Laws 2008, chapter 154, article 13, section 26, is amended to read:
Subd. 3. Requirements. (a) Real estate consisting of ten acres or more or a nursery or
greenhouse, and qualifying for classification as class 1b, 2a, or 2b
under section 273.13, shall be entitled to valuation and tax deferment under
this section only if it is primarily devoted to agricultural use, and
meets the qualifications in subdivision 6, and either:
(1) is the homestead of the owner, or of a surviving
spouse, child, or sibling of the owner or is real estate which is farmed with
the real estate which contains the homestead property; or
(2) has been in possession of the applicant, the applicant's
spouse, parent, or sibling, or any combination thereof, for a period of at
least seven years prior to application for benefits under the provisions of
this section, or is real estate which is farmed with the real estate which
qualifies under this clause and is within four townships or cities or
combination thereof from the qualifying real estate; or
(3) is the homestead of a shareholder in a family
farm corporation as defined in section 500.24, notwithstanding the fact that
legal title to the real estate may be held in the name of the family farm
corporation an individual who is part of an entity described in
paragraph (b), clause (1), (2), or (3); or
(4) is in the possession of a nursery or greenhouse
or an entity owned by a proprietor, partnership, or corporation which also owns
the nursery or greenhouse operations on the parcel or parcels, provided that
only the acres used to produce nursery stock qualify for treatment under this
section.
(b) Valuation of real estate under this section is
limited to parcels the ownership of which is in noncorporate entities
owned by individuals except for:
(1) a family farm corporations organized
pursuant to entity or authorized farm entity regulated under section
500.24; and
(2) a poultry entity other than a limited
liability entity in which the majority of the members, partners, or
shareholders are related and at least one of the members, partners, or
shareholders either resides on the land or actively operates the land; and
(3) corporations that derive 80 percent or more of their
gross receipts from the wholesale or retail sale of horticultural or nursery
stock.
The terms in this paragraph have the meanings given
in section 500.24, where applicable.
(c) Land that previously qualified for tax deferment
under this section and no longer qualifies because it is not primarily used for
agricultural purposes but would otherwise qualify under subdivisions
Minnesota Statutes 2006, section 273.111, subdivision 3 and 6,
for a period of at least three years will not be required to make payment of
the previously deferred taxes, notwithstanding the provisions of subdivision
9. Sale of the land prior to the
expiration of the three-year period requires payment of deferred taxes as
follows: sale in the year the land no
longer qualifies requires payment of the current year's deferred taxes plus
payment of deferred taxes for the two prior years; sale during the second year
the land no longer qualifies requires payment of the current year's deferred
taxes plus payment of the deferred taxes for the prior year; and sale during
the third year the land no longer qualifies requires payment of the current
year's deferred taxes. Deferred taxes
shall be paid even if the land qualifies pursuant to subdivision 11a. When such property is sold or no longer
qualifies under this paragraph, or at the end of the three-year period,
whichever comes first, all deferred special assessments plus interest are
payable in equal installments spread over the time remaining until the last
maturity date of the bonds issued to finance the improvement for which
the assessments were levied. If the bonds have matured, the deferred
special assessments plus interest are payable within 90 days. The provisions of section 429.061, subdivision
2, apply to the collection of these installments. Penalties are not imposed on any such special assessments if
timely paid.
(d) Land that is enrolled in the reinvest in
Minnesota program under sections 103F.501 to 103F.535, the federal Conservation
Reserve Program as contained in Public Law 99-198, or a similar state or
federal conservation program does not qualify for valuation and assessment
deferral under this section. This
paragraph applies to land that has not qualified under this section for taxes
payable in 2009 or previous years.
EFFECTIVE DATE. This section is effective for taxes payable in 2010 and
thereafter.
Sec. 13.
Minnesota Statutes 2006, section 273.111, is amended by adding a
subdivision to read:
Subd. 3a. Property no longer eligible for deferment. (a) Real estate receiving the tax
deferment under this section for assessment year 2008, but that does not
qualify for the 2009 assessment year due to changes in qualification
requirements under this act, shall continue to qualify until any part of the
land is sold, transferred, or subdivided, provided that the property continues
to meet the requirements of Minnesota Statutes 2006, section 273.111,
subdivision 3.
(b) When property assessed under this subdivision is
withdrawn from the program or becomes ineligible, the property shall be subject
to additional taxes, in the amount equal to the average difference between the
taxes determined in accordance with subdivision 4, and the amount determined
under subdivision 5, for the current year and the two preceding years,
multiplied by (1) three, in the case of class 2a property under section 273.13,
subdivision 23, or any property withdrawn before January 2, 2009, or (2) seven,
in the case of property withdrawn after January 2, 2009, that is not class 2a property. The number of years used as the multiplier
must not exceed the number of years during which the property was subject to
this section. The amount determined
under subdivision 5 shall not be greater than it would have been had the actual
bona fide sale price of the real property at an arm's-length transaction been
used in lieu of the market value determined under subdivision 5. The additional taxes shall be extended
against the property on the tax list for the current year, provided that no
interest or penalties shall be levied on the additional taxes if timely paid.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 14.
Minnesota Statutes 2006, section 273.111, subdivision 4, is amended to
read:
Subd. 4. Determination of value. (a) The value of any real estate
described in subdivision 3 shall upon timely application by the owner, in the
manner provided in subdivision 8, be determined solely with reference to its
appropriate agricultural classification and value notwithstanding sections
272.03, subdivision 8, and 273.11. In
determining the value for ad valorem tax purposes, the assessor shall use sales
data for agricultural lands located outside the seven metropolitan counties
having similar soil types, number of degree days, and other similar
agricultural characteristics. Furthermore,
the assessor shall not consider any added values resulting from nonagricultural
factors. In order to account for the
presence of nonagricultural influences that may affect the value of
agricultural land, the commissioner of revenue shall develop a fair and uniform
method of determining agricultural values for each county in the state that are
consistent with this subdivision. The
commissioner shall annually assign the resulting values to each county, and
these values shall be used as the basis for determining the agricultural value
for all properties in the county qualifying for tax deferment under this
section.
(b) In the case of property qualifying for tax
deferment only under subdivision 3a, the value shall be based on the value in
effect for assessment year 2008, multiplied by the ratio of the total taxable
market value of all property in the county for the current assessment year
divided by the total taxable market value of all property in the county for
assessment year 2008.
EFFECTIVE DATE. This section is effective for assessment year 2009 and
thereafter.
Sec. 15.
Minnesota Statutes 2006, section 273.111, subdivision 8, is amended to
read:
Subd. 8. Application. Application for deferment of taxes and assessment under this
section shall be filed by May 1 of the year prior to the year in which the
taxes are payable. Any application
filed hereunder and granted shall continue in effect for subsequent years until
the property no longer qualifies. Such
The application shall must be filed with the assessor of the
taxing district in which the real property is located on such the
form as may be prescribed by the commissioner of revenue. The assessor may require proof by affidavit
or otherwise that the property qualifies under subdivisions
subdivision 3 and 6 and may require the applicant to provide a
copy of the appropriate schedule or form showing farm income that is attested
to by the applicant as having been included in the most recently filed federal
income tax return of the applicant.
EFFECTIVE DATE. This section is effective for applications filed after May 1,
2008.
Sec. 16.
Minnesota Statutes 2006, section 273.111, subdivision 9, is amended to
read:
Subd. 9. Additional taxes. When real property which is being, or has
been valued and assessed under this section no longer qualifies under subdivisions
subdivision 3 and 6, the portion no longer qualifying shall be
subject to additional taxes, in the amount equal to the difference between the
taxes determined in accordance with subdivision 4, and the amount determined
under subdivision 5. Provided, however,
that the amount determined under subdivision 5 shall not be greater than it
would have been had the actual bona fide sale price of the real property at an
arm's-length transaction been used in lieu of the market value determined under
subdivision 5. Such additional taxes
shall be extended against the property on the tax list for the current year,
provided, however, that no interest or penalties shall be levied on such
additional taxes if timely paid, and provided further, that such additional
taxes shall only be levied with respect to the last three years that the said
property has been valued and assessed under this section.
EFFECTIVE DATE. This section is effective for deferred taxes payable in 2009
and thereafter.
Sec. 17.
Minnesota Statutes 2006, section 273.111, subdivision 11, is amended to
read:
Subd. 11. Special local assessments. The payment of special local assessments
levied after June 1, 1967, for improvements made to any real property described
in subdivision 3 together with the interest thereon shall, on timely
application as provided in subdivision 8, be deferred as long as such property
meets the conditions contained in subdivisions subdivision 3 and
6 or 3a or is transferred to an agricultural preserve under sections
473H.02 to 473H.17. If special
assessments against the property have been deferred pursuant to this
subdivision, the governmental unit shall file with the county recorder in the
county in which the property is located a certificate containing the legal
description of the affected property and of the amount deferred. When such property no longer qualifies under
subdivisions subdivision 3 and 6 or 3a, all
deferred special assessments plus interest shall be payable in equal
installments spread over the time remaining until the last maturity date of the
bonds issued to finance the improvement for which the assessments were levied. If the bonds have matured, the deferred
special assessments plus interest shall be payable within 90 days. The provisions of section 429.061,
subdivision 2, apply to the collection of these installments. Penalty shall not be levied on any such
special assessments if timely paid.
EFFECTIVE DATE. This section is effective for deferred taxes payable in 2009
and thereafter.
Sec. 18.
Minnesota Statutes 2006, section 273.111, subdivision 11a, is amended to
read:
Subd. 11a. Continuation of tax treatment upon sale. When real property qualifying under subdivisions
subdivision 3 and 6 is sold, no additional taxes or deferred special
assessments plus interest shall be extended against the property provided the
property continues to qualify pursuant to subdivisions subdivision
3 and 6, and provided the new owner files an application for continued
deferment within 30 days after the sale.
For purposes of meeting the income requirements of
subdivision 6, the property purchased shall be considered in conjunction with
other qualifying property owned by the purchaser.
EFFECTIVE DATE. This section is effective for deferred taxes payable in 2009
and thereafter.
Sec. 19.
Minnesota Statutes 2006, section 273.111, subdivision 14, is amended to
read:
Subd. 14. Applicability of special assessment
provisions. (a) This section
shall apply to special local assessments levied after July 1, 1967, and payable
in the years thereafter, but shall not apply to any special assessments levied
at any time by a county or district court under the provisions of
chapter 116A or by a watershed district under chapter 103D.
(b) For special assessments levied by a watershed
district under chapter 103D before June 1, 2008, this section is effective only
for real property initially qualifying for tax deferment after May 31,
2008. For special assessments by a
watershed district under chapter 103D levied after May 31, 2008, this section
is effective for all real property qualifying for tax deferment under this section.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 20.
Minnesota Statutes 2006, section 273.111, is amended by adding a
subdivision to read:
Subd. 17. Implementation of program. This section must be applied to eligible
properties by all county assessors, beginning no later than assessments for
taxes levied in 2009, payable in 2010, and thereafter, unless the commissioner
of revenue determines that a county is unable to comply with this requirement,
in which case the county must implement it for taxes levied in 2010, payable in
2011, and thereafter.
Sec. 21. [273.1115] AGGREGATE RESOURCE
PRESERVATION PROPERTY TAX LAW.
Subdivision 1. Definitions. For purposes of this section,
"commercial aggregate deposit" and "actively mined" have
the meanings given them in section 273.13, subdivision 23, paragraph (l).
Subd. 2. Requirement. Real estate is entitled to valuation
under this section only if all of the following requirements are met:
(1) the property is classified 1a, 1b, 2a, or 2b
property under section 273.13, subdivisions 22 and 23;
(2) the property is at least ten contiguous acres,
when the application is filed under subdivision 3;
(3) the owner has filed a completed application for
deferment as specified in subdivision 3 with the county assessor in the county
in which the property is located;
(4) there are no delinquent taxes on the property;
and
(5) a covenant on the land restricts its use as
provided in subdivision 3, clause (4).
Subd. 3. Application. Application for valuation deferment under
this section must be filed by May 1 of the assessment year. Any application filed and granted continues
in effect for subsequent years until the property no longer qualifies, provided
that supplemental affidavits under subdivision 8 are timely filed. The application must be filed with the
assessor of the county in which the real property is located on such form as
may be prescribed by the commissioner of revenue. The application must be executed and acknowledged in the manner
required by law to execute and acknowledge a deed and must contain at least the
following information and any other information the commissioner deems
necessary:
(1) the legal description of the area;
(2) the name and address of owner;
(3) a copy of the affidavit filed under section
273.13, subdivision 23, paragraph (l), when property is classified as:
(i) 1b under section 273.13, subdivision 22,
paragraph (b);
(ii) 2a under section 273.13, subdivision 23;
(iii) 2b under section 273.13, subdivision 23; or
(iv) 2e under section 273.13, subdivision 23,
paragraph (l).
The application must include a similar document with
the same information as contained in the affidavit under section 273.13,
subdivision 23, paragraph (l); and
(4) a statement of proof from the owner that the
land contains a restrictive covenant limiting its use for the property's
surface to that which exists on the date of the application and limiting its
future use to the preparation and removal of the commercial aggregate deposit
under its surface. To qualify under
this clause, the covenant must be binding on the owner or the owner's successor
or assignee, and run with the land, except as provided in subdivision 5
allowing for the cancellation of the covenant under certain conditions.
Subd. 4. Determination of value. Upon timely application by the owner as
provided in subdivision 3, notwithstanding sections 272.03, subdivision 8, and
273.11, the value of any qualifying land described in subdivision 3 must be
valued as if it were agricultural property, using a per acre valuation equal to
the current assessment year's average per acre valuation of agricultural land
in the county. The assessor shall not
consider any additional value resulting from potential alternative and future
uses of the property. The buildings
located on the land shall be valued by the assessor in the normal manner.
Subd. 5. Cancellation of covenant. The covenant required under subdivision 3
may be canceled in two ways:
(1) by the owner beginning with the next subsequent
assessment year provided that the additional taxes as determined under
subdivision 7 are paid by the owner at the time of cancellation; or
(2) by the city or town in which the property is
located beginning with the next subsequent assessment year, if the city council
or town board:
(i) changes the conditional use of the property;
(ii) revokes the mining permit; or
(iii) changes the zoning to disallow mining.
No additional taxes are imposed on the property
under this clause.
Subd. 6. County termination. Within two years of the effective date of
this section, a county may, following notice and public hearing, terminate
application of this section in the county.
The termination is effective upon adoption of a resolution of the county
board. A county has 60 days from
receipt of the first application for enrollment under this section to notify
the applicant and any subsequent applicants of the county's intent to begin the
process of terminating application of this section
in the county. The county must act on
the termination within six months. Upon
termination by a vote of the county board, all applications received prior to
and during notification of intent to terminate shall be deemed void. If the county board does not act on the
termination within six months of notification, all applications for valuation
for deferment received shall be deemed eligible for consideration to be
enrolled under this section. Following
this initial 60-day grace period, a termination applies prospectively and does
not affect property enrolled under this section prior to the termination
date. A county may reauthorize
application of this section by a resolution of the county board revoking the
termination.
Subd. 7. Additional taxes. When real property which has been valued
and assessed under this section no longer qualifies, the portion of the land
classified under subdivision 2, clause (1), is subject to additional
taxes. The additional tax amount is
determined by:
(1) computing the difference between (i) the current
year's taxes determined in accordance with subdivision 4, and (ii) an amount as
determined by the assessor based upon the property's current year's estimated
market value of like real estate at its highest and best use and the
appropriate local tax rate; and
(2) multiplying the amount determined in clause (1)
by the number of years the land was in the program under this section. The current year's estimated market value as
determined by the assessor must not exceed the market value that would result
if the property was sold in an arms-length transaction and must not be greater
than it would have been had the actual bona fide sale price of the property
been used in lieu of that market value.
The additional taxes must be extended against the property on the tax
list for the current year, except that interest or penalties must not be levied
on these additional taxes if timely paid.
The additional tax under this subdivision must not be imposed on that
portion of the property which has actively been mined and has been removed from
the program based upon the supplemental affidavits filed under subdivision 8.
Subd. 8. Supplemental affidavits; mining activity
on land. When any portion of
the property begins to be actively mined, the owner must file a supplemental
affidavit within 60 days from the day any aggregate is removed stating the
number of acres of the property that is actively being mined. The acres actively being mined shall be (1) valued and classified under section
273.13, subdivision 24, in the next subsequent assessment year, and (2) removed
from the aggregate resource preservation property tax program under this
section. The additional taxes under
subdivision 7 must not be imposed on the acres that are actively being mined
and have been removed from the program under this section. Copies of the original affidavit and all
supplemental affidavits must be filed with the county assessor, the local
zoning administrator, and the Department of Natural Resources, Division of Land
and Minerals. A supplemental affidavit
must be filed each time a subsequent portion of the property is actively mined,
provided that the minimum acreage change is five acres, even if the actual
mining activity constitutes less than five acres. Failure to file the affidavits timely shall result in the
property losing its valuation deferment under this section, and additional
taxes must be imposed as calculated under subdivision 7.
Subd. 9. Lien. The additional tax imposed by this section is a lien upon the
property assessed to the same extent and for the same duration as other taxes
imposed upon property within this state and, when collected, must be
distributed in the manner provided by law for the collection and distribution
of other property taxes.
Subd. 10. Continuation of tax treatment upon sale. When real property qualifying under
subdivision 2 is sold, additional taxes must not be extended against the
property if the property continues to qualify under subdivision 2, and the new
owner files an application with the assessor for continued deferment within 30
days after the sale.
EFFECTIVE DATE. This section is effective for taxes levied in 2009, payable in
2010, and thereafter, except that for the 2009 assessment year, the application
date under subdivision 5 shall be September 1, 2009, and subdivision 6 is
effective the day following final enactment.
Sec. 22. [273.113] TAX CREDIT FOR PROPERTY IN
PROPOSED BOVINE TUBERCULOSIS MODIFIED ACCREDITED ZONE.
Subdivision 1. Definition. For the purposes of this section, the
following terms have the meanings given to them:
(1) "proposed bovine tuberculosis modified
accredited zone" means the modified accredited zone proposed by the Board
of Animal Health under section 35.244; and
(2) "located within" means that the herd
is kept in the area for at least a part of calendar year 2007.
Subd. 2. Eligibility; amount of credit. Agricultural land classified under
section 273.13, subdivision 23, located within a proposed bovine tuberculosis
modified accredited zone is eligible for a property tax credit equal to the
property tax on the parcel where the herd had been located, excluding any tax
attributable to residential structures.
To begin to qualify for the tax credit, the owner shall file an
application with the county by December 1 of the levy year. The credit must be given for each subsequent
taxes payable year until the credit terminates under subdivision 4. The assessor shall indicate the amount of
the property tax reduction on the property tax statement of each taxpayer
receiving a credit under this section.
The credit paid pursuant to this section shall be deducted from the tax
due on the property as provided in section 273.1393.
Subd. 3. Reimbursement for lost revenue. The county auditor shall certify to the
commissioner of revenue, as part of the abstracts of tax lists required to be
filed with the commissioner under section 275.29, the amount of tax lost to the
county from the property tax credit under subdivision 2. Any prior year adjustments must also be
certified in the abstracts of tax lists.
The commissioner of revenue shall review the certifications to determine
their accuracy. The commissioner may
make the changes in the certification that are considered necessary or return a
certification to the county auditor for corrections. The commissioner shall reimburse each taxing district for the
taxes lost. The payments must be made
at the time provided in section 473H.10 for payment to taxing jurisdictions in
the same proportion that the ad valorem tax is distributed. The amount necessary to make the
reimbursements under this section is annually appropriated from the general
fund to the commissioner of revenue.
Subd. 4. Termination of credit. The credits provided under this section
cease to be available beginning with taxes payable in the year following the
date when the Board of Animal Health has certified that the state is free of
bovine tuberculosis.
Sec. 23.
Minnesota Statutes 2006, section 273.121, as amended by Laws 2008,
chapter 154, article 13, section 28, is amended to read:
273.121 VALUATION OF REAL
PROPERTY, NOTICE.
Subdivision 1. Notice. Any county assessor or city assessor having
the powers of a county assessor, valuing or classifying taxable real property
shall in each year notify those persons whose property is to be included on the
assessment roll that year if the person's address is known to the assessor,
otherwise the occupant of the property.
The notice shall be in writing and shall be sent by ordinary mail at
least ten days before the meeting of the local board of appeal and equalization
under section 274.01 or the review process established under section 274.13,
subdivision 1c. Upon written request by
the owner of the property, the assessor may send the notice in electronic form
or by electronic mail instead of on paper or by ordinary mail. It shall contain: (1) the market value for the current and prior assessment, (2)
the limited market value under section 273.11, subdivision 1a, for the current
and prior assessment, (3) the qualifying amount of any improvements under
section 273.11, subdivision 16, for the current assessment, (4) the market
value subject to taxation after subtracting the amount of any qualifying
improvements for the current assessment, (5) the classification of the property
for the current and prior assessment, (6) a note that if the property is
homestead and at least 45 years old, improvements made to the property may be
eligible for a valuation exclusion under section
273.11, subdivision 16, (7) the assessor's office address, and (8) the dates,
places, and times set for the meetings of the local board of appeal and
equalization, the review process established under section 274.13, subdivision
1c, and the county board of appeal and equalization. The commissioner of revenue shall specify the form of the
notice. The assessor shall attach to
the assessment roll a statement that the notices required by this section have
been mailed. Any assessor who is not
provided sufficient funds from the assessor's governing body to provide such
notices, may make application to the commissioner of revenue to finance such
notices. The commissioner of revenue
shall conduct an investigation and, if satisfied that the assessor does not
have the necessary funds, issue a certification to the commissioner of finance
of the amount necessary to provide such notices. The commissioner of finance shall issue a warrant for such amount
and shall deduct such amount from any state payment to such county or
municipality. The necessary funds to
make such payments are hereby appropriated.
Failure to receive the notice shall in no way affect the validity of the
assessment, the resulting tax, the procedures of any board of review or
equalization, or the enforcement of delinquent taxes by statutory means.
Subd. 2. Availability of data. The notice must state where the
information on the property is available, the times when the information may be
viewed by the public, and the county's Web site address.
EFFECTIVE DATE. This section is effective for notices prepared in 2009 and
thereafter.
Sec. 24.
Minnesota Statutes 2006, section 273.124, subdivision 1, is amended to
read:
Subdivision 1.
General rule. (a) Residential real estate that is occupied
and used for the purposes of a homestead by its owner, who must be a Minnesota
resident, is a residential homestead.
Agricultural land, as defined in section 273.13,
subdivision 23, that is occupied and used as a homestead by its owner, who must
be a Minnesota resident, is an agricultural homestead.
Dates for establishment of a homestead and homestead
treatment provided to particular types of property are as provided in this
section.
Property held by a trustee under a trust is eligible
for homestead classification if the requirements under this chapter are
satisfied.
The assessor shall require proof, as provided in
subdivision 13, of the facts upon which classification as a homestead may be
determined. Notwithstanding any other
law, the assessor may at any time require a homestead application to be filed
in order to verify that any property classified as a homestead continues to be
eligible for homestead status.
Notwithstanding any other law to the contrary, the Department of Revenue
may, upon request from an assessor, verify whether an individual who is
requesting or receiving homestead classification has filed a Minnesota income
tax return as a resident for the most recent taxable year for which the
information is available.
When there is a name change or a transfer of
homestead property, the assessor may reclassify the property in the next
assessment unless a homestead application is filed to verify that the property
continues to qualify for homestead classification.
(b) For purposes of this section, homestead property
shall include property which is used for purposes of the homestead but is
separated from the homestead by a road, street, lot, waterway, or other similar
intervening property. The term
"used for purposes of the homestead" shall include but not be limited
to uses for gardens, garages, or other outbuildings commonly associated with a
homestead, but shall not include vacant land held primarily for future
development. In order to receive
homestead treatment for the noncontiguous property, the owner must use the
property for the purposes of the homestead, and must apply to the assessor,
both by the deadlines given in subdivision 9.
After initial qualification for the homestead treatment, additional
applications for subsequent years are not required.
(c) Residential real estate that is occupied and used
for purposes of a homestead by a relative of the owner is a homestead but only
to the extent of the homestead treatment that would be provided if the related
owner occupied the property. For
purposes of this paragraph and paragraph (g), "relative" means a
parent, stepparent, child, stepchild, grandparent, grandchild, brother, sister,
uncle, aunt, nephew, or niece. This
relationship may be by blood or marriage.
Property that has been classified as seasonal residential recreational
property at any time during which it has been owned by the current owner or
spouse of the current owner will not be reclassified as a homestead unless it
is occupied as a homestead by the owner; this prohibition also applies to
property that, in the absence of this paragraph, would have been classified as
seasonal residential recreational property at the time when the residence was
constructed. Neither the related
occupant nor the owner of the property may claim a property tax refund under
chapter 290A for a homestead occupied by a relative. In the case of a residence located on agricultural land, only the
house, garage, and immediately surrounding one acre of land shall be classified
as a homestead under this paragraph, except as provided in paragraph (d).
(d) Agricultural property that is occupied and used
for purposes of a homestead by a relative of the owner, is a homestead, only to
the extent of the homestead treatment that would be provided if the related
owner occupied the property, and only if all of the following criteria are met:
(1) the relative who is occupying the agricultural
property is a son, daughter, brother, sister, grandson, granddaughter,
father, or mother of the owner of the agricultural property or a son, daughter,
brother, sister, grandson, or granddaughter of the spouse of the owner
of the agricultural property;
(2) the owner of the agricultural property must be a
Minnesota resident;
(3) the owner of the agricultural property must not
receive homestead treatment on any other agricultural property in Minnesota;
and
(4) the owner of the agricultural property is
limited to only one agricultural homestead per family under this paragraph.
Neither the related occupant nor the owner of the
property may claim a property tax refund under chapter 290A for a homestead
occupied by a relative qualifying under this paragraph. For purposes of this paragraph,
"agricultural property" means the house, garage, other farm buildings
and structures, and agricultural land.
Application must be made to the assessor by the owner
of the agricultural property to receive homestead benefits under this
paragraph. The assessor may require the
necessary proof that the requirements under this paragraph have been met.
(e) In the case of property owned by a property
owner who is married, the assessor must not deny homestead treatment in whole
or in part if only one of the spouses occupies the property and the other
spouse is absent due to: (1) marriage
dissolution proceedings, (2) legal separation, (3) employment or
self-employment in another location, or (4) other personal circumstances
causing the spouses to live separately, not including an intent to obtain two
homestead classifications for property tax purposes. To qualify under clause (3), the spouse's place of employment or
self-employment must be at least 50 miles distant from the other spouse's place
of employment, and the homesteads must be at least 50 miles distant from each
other. Homestead treatment, in whole or
in part, shall not be denied to the owner's spouse who previously occupied the
residence with the owner if the absence of the owner is due to one of the
exceptions provided in this paragraph.
(f) The assessor must not deny homestead treatment
in whole or in part if:
(1) in the case of a property owner who is not married,
the owner is absent due to residence in a nursing home, boarding care facility,
or an elderly assisted living facility property as defined in section 273.13,
subdivision 25a, and the property is not otherwise occupied; or
(2) in the case of a property owner who is married,
the owner or the owner's spouse or both are absent due to residence in a
nursing home, boarding care facility, or an elderly assisted living facility
property as defined in section 273.13, subdivision 25a, and the property is not
occupied or is occupied only by the owner's spouse.
(g) If an individual is purchasing property with the
intent of claiming it as a homestead and is required by the terms of the
financing agreement to have a relative shown on the deed as a co-owner, the assessor
shall allow a full homestead classification.
This provision only applies to first-time purchasers, whether married or
single, or to a person who had previously been married and is purchasing as a
single individual for the first time.
The application for homestead benefits must be on a form prescribed by
the commissioner and must contain the data necessary for the assessor to
determine if full homestead benefits are warranted.
(h) If residential or agricultural real estate is
occupied and used for purposes of a homestead by a child of a deceased owner
and the property is subject to jurisdiction of probate court, the child shall
receive relative homestead classification under paragraph (c) or (d) to the
same extent they would be entitled to it if the owner was still living, until
the probate is completed. For purposes
of this paragraph, "child" includes a relationship by blood or by
marriage.
(i) If a single-family home, duplex, or triplex
classified as either residential homestead or agricultural homestead is also
used to provide licensed child care, the portion of the property used for
licensed child care must be classified as a part of the homestead property.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec. 25.
Minnesota Statutes 2007 Supplement, section 273.124, subdivision 14, as
amended by Laws 2008, chapter 154, article 2, section 7, is amended to read:
Subd. 14. Agricultural homesteads; special
provisions. (a) Real estate of less
than ten acres that is the homestead of its owner must be classified as class
2a under section 273.13, subdivision 23, paragraph (a), if:
(1) the parcel on which the house is located is
contiguous on at least two sides to (i) agricultural land, (ii) land owned or
administered by the United States Fish and Wildlife Service, or (iii) land
administered by the Department of Natural Resources on which in lieu taxes are
paid under sections 477A.11 to 477A.14;
(2) its owner also owns a noncontiguous parcel of
agricultural land that is at least 20 acres;
(3) the noncontiguous land is located not farther
than four townships or cities, or a combination of townships or cities from the
homestead; and
(4) the agricultural use value of the noncontiguous
land and farm buildings is equal to at least 50 percent of the market value of
the house, garage, and one acre of land.
Homesteads initially classified as class 2a under
the provisions of this paragraph shall remain classified as class 2a,
irrespective of subsequent changes in the use of adjoining properties, as long
as the homestead remains under the same ownership, the owner owns a
noncontiguous parcel of agricultural land that is at least 20 acres, and the
agricultural use value qualifies under clause (4). Homestead classification under this paragraph is limited to
property that qualified under this paragraph for the 1998 assessment.
(b)(i) Agricultural property shall be classified as
the owner's homestead, to the same extent as other agricultural homestead
property, if all of the following criteria are met:
(1) the property consists of at least 40 acres
including undivided government lots and correctional 40's;
(2) the owner, the owner's spouse, the son or
daughter of the owner or owner's spouse, the brother or sister of the owner
or owner's spouse, or the grandson or granddaughter of the owner or the
owner's spouse, is actively farming the agricultural property, either on the
person's own behalf as an individual or on behalf of a partnership operating a
family farm, family farm corporation, joint family farm venture, or limited
liability company of which the person is a partner, shareholder, or member;
(3) both the owner of the agricultural property and
the person who is actively farming the agricultural property under clause (2),
are Minnesota residents;
(4) neither the owner nor the spouse of the owner
claims another agricultural homestead in Minnesota; and
(5) neither the owner nor the person actively
farming the property lives farther than four townships or cities, or a
combination of four townships or cities, from the agricultural property, except
that if the owner or the owner's spouse is required to live in
employer-provided housing, the owner or owner's spouse, whichever is actively
farming the agricultural property, may live more than four townships or cities,
or combination of four townships or cities from the agricultural property.
The relationship under this paragraph may be either
by blood or marriage.
(ii) Real property held by a trustee under a trust
is eligible for agricultural homestead classification under this paragraph if
the qualifications in clause (i) are met, except that "owner" means
the grantor of the trust.
(iii) Property containing the residence of an owner
who owns qualified property under clause (i) shall be classified as part of the
owner's agricultural homestead, if that property is also used for noncommercial
storage or drying of agricultural crops.
(c) Noncontiguous land shall be included as part of
a homestead under section 273.13, subdivision 23, paragraph (a), only if the
homestead is classified as class 2a and the detached land is located in the
same township or city, or not farther than four townships or cities or
combination thereof from the homestead.
Any taxpayer of these noncontiguous lands must notify the county
assessor that the noncontiguous land is part of the taxpayer's homestead, and,
if the homestead is located in another county, the taxpayer must also notify
the assessor of the other county.
(d) Agricultural land used for purposes of a
homestead and actively farmed by a person holding a vested remainder interest
in it must be classified as a homestead under section 273.13, subdivision 23,
paragraph (a). If agricultural land is
classified class 2a, any other dwellings on the land used for purposes of a
homestead by persons holding vested remainder interests who are actively
engaged in farming the property, and up to one acre of the land surrounding
each homestead and reasonably necessary for the use of the dwelling as a home,
must also be assessed class 2a.
(e) Agricultural land and
buildings that were class 2a homestead property under section 273.13,
subdivision 23, paragraph (a), for the 1997 assessment shall remain
classified as agricultural homesteads for subsequent assessments if:
(1) the property owner abandoned the homestead
dwelling located on the agricultural homestead as a result of the April 1997
floods;
(2) the property is located in the county of Polk,
Clay, Kittson, Marshall, Norman, or Wilkin;
(3) the agricultural land and buildings remain under
the same ownership for the current assessment year as existed for the 1997
assessment year and continue to be used for agricultural purposes;
(4) the dwelling occupied by the owner is located in
Minnesota and is within 30 miles of one of the parcels of agricultural land
that is owned by the taxpayer; and
(5) the owner notifies the county assessor that the
relocation was due to the 1997 floods, and the owner furnishes the assessor any
information deemed necessary by the assessor in verifying the change in
dwelling. Further notifications to the
assessor are not required if the property continues to meet all the
requirements in this paragraph and any dwellings on the agricultural land
remain uninhabited.
(f) Agricultural land and buildings that were class
2a homestead property under section 273.13, subdivision 23, paragraph (a), for
the 1998 assessment shall remain classified agricultural homesteads for
subsequent assessments if:
(1) the property owner abandoned the homestead
dwelling located on the agricultural homestead as a result of damage caused by
a March 29, 1998, tornado;
(2) the property is located in the county of Blue
Earth, Brown, Cottonwood, LeSueur, Nicollet, Nobles, or Rice;
(3) the agricultural land and buildings remain under
the same ownership for the current assessment year as existed for the 1998
assessment year;
(4) the dwelling occupied by the owner is located in
this state and is within 50 miles of one of the parcels of agricultural land
that is owned by the taxpayer; and
(5) the owner notifies the county assessor that the
relocation was due to a March 29, 1998, tornado, and the owner furnishes the
assessor any information deemed necessary by the assessor in verifying the change
in homestead dwelling. For taxes
payable in 1999, the owner must notify the assessor by December 1, 1998. Further notifications to the assessor are
not required if the property continues to meet all the requirements in this
paragraph and any dwellings on the agricultural land remain uninhabited.
(g) Agricultural property of a family farm
corporation, joint family farm venture, family farm limited liability company,
or partnership operating a family farm as described under subdivision 8 shall
be classified homestead, to the same extent as other agricultural homestead
property, if all of the following criteria are met:
(1) the property consists of at least 40 acres
including undivided government lots and correctional 40's;
(2) a shareholder, member, or partner of that entity
is actively farming the agricultural property;
(3) that shareholder, member, or partner who is
actively farming the agricultural property is a Minnesota resident;
(4) neither that shareholder, member, or partner,
nor the spouse of that shareholder, member, or partner claims another
agricultural homestead in Minnesota; and
(5) that shareholder, member, or partner does not
live farther than four townships or cities, or a combination of four townships
or cities, from the agricultural property.
Homestead treatment applies under this paragraph for
property leased to a family farm corporation, joint farm venture, limited
liability company, or partnership operating a family farm if legal title to the
property is in the name of an individual who is a member, shareholder, or
partner in the entity.
(h) To be eligible for the special agricultural
homestead under this subdivision, an initial full application must be submitted
to the county assessor where the property is located. Owners and the persons who are actively farming the property
shall be required to complete only a one-page abbreviated version of the
application in each subsequent year provided that none of the following items
have changed since the initial application:
(1) the day-to-day operation, administration, and
financial risks remain the same;
(2) the owners and the persons actively farming the
property continue to live within the four townships or city criteria and are
Minnesota residents;
(3) the same operator of the agricultural property
is listed with the Farm Service Agency;
(4) a Schedule F or equivalent income tax form was
filed for the most recent year;
(5) the property's acreage is unchanged; and
(6) none of the property's acres have been enrolled
in a federal or state farm program since the initial application.
The owners and any persons who are actively farming
the property must include the appropriate Social Security numbers, and sign and
date the application. If any of the
specified information has changed since the full application was filed, the
owner must notify the assessor, and must complete a new application to
determine if the property continues to qualify for the special agricultural
homestead. The commissioner of revenue
shall prepare a standard reapplication form for use by the assessors.
(i) Agricultural land and buildings that were class
2a homestead property under section 273.13, subdivision 23, paragraph (a), for
the 2007 assessment shall remain classified agricultural homesteads for
subsequent assessments if:
(1) the property owner abandoned the homestead
dwelling located on the agricultural homestead as a result of damage caused by
the August 2007 floods;
(2) the property is located in the county of Dodge,
Fillmore, Houston, Olmsted, Steele, Wabasha, or Winona;
(3) the agricultural land and buildings remain under
the same ownership for the current assessment year as existed for the 2007
assessment year;
(4) the dwelling occupied by the owner is located in
this state and is within 50 miles of one of the parcels of agricultural land
that is owned by the taxpayer; and
(5) the owner notifies the county assessor that the
relocation was due to the August 2007 floods, and the owner furnishes the
assessor any information deemed necessary by the assessor in verifying the
change in homestead dwelling. For taxes
payable in 2009, the owner must notify the assessor by December 1, 2008. Further notifications to the assessor are
not required if the property continues to meet all the requirements in this
paragraph and any dwellings on the agricultural land remain uninhabited.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec. 26.
Minnesota Statutes 2006, section 273.13, subdivision 23, as amended by
Laws 2008, chapter 154, article 2, section 12, is amended to read:
Subd. 23. Class 2. (a) Class 2a property is agricultural land including any
improvements An agricultural homestead consists of class 2a agricultural
land that is homesteaded, along with any class 2b rural vacant land that
is contiguous to the class 2a land under the same ownership. The market value of the house and garage and
immediately surrounding one acre of land has the same class rates as class 1a
or 1b property under subdivision 22.
The value of the remaining land including improvements up to the first
tier valuation limit of agricultural homestead property has a net class rate of
0.55 0.5 percent of market value. The remaining property over the first tier has a class rate of
one percent of market value. For
purposes of this subdivision, the "first tier valuation limit of
agricultural homestead property" and "first tier" means the
limit certified under section 273.11, subdivision 23.
(b) Class 2a agricultural land consists of
parcels of property, or portions thereof, that are agricultural land and
buildings. Class 2a property has a net
class rate of one percent of market value, unless it is part of an agricultural
homestead under paragraph (a). Class 2a
property may contain property that would otherwise be classified as 2b,
including but not limited to sloughs, wooded wind shelters, acreage abutting
ditches, and other similar land impractical for the assessor to value
separately from the rest of the property.
An assessor may classify the part of a parcel
described in this subdivision that is used for agricultural purposes as class
2a and the remainder in the class appropriate to its use.
(c) Class 2b property is (1) rural vacant
land consists of parcels of property, or portions thereof, that are unplatted
real estate, rural in character and not used for agricultural purposes,
including land used exclusively for growing trees for timber,
lumber, and wood and wood products; (2) real estate, that is not
improved with a structure and is used exclusively for growing trees for
timber, lumber, and wood and wood products, if the owner has participated or is
participating in a cost-sharing program for afforestation, reforestation, or
timber stand improvement on that particular property, administered or
coordinated by the commissioner of natural resources; (3) real estate that is
nonhomestead agricultural land; or (4) a landing area or public access area of
a privately owned public use airport.
The presence of a minor, ancillary nonresidential structure as
defined by the commissioner of revenue does not disqualify the property from
classification under this paragraph.
Any parcel of 20 acres or more improved with a structure that is not a
minor, ancillary nonresidential structure must be split-classified, and ten
acres must be assigned to the split parcel containing the structure. Class 2b property has a net class rate
of one percent of market value, except that unplatted property described in
clause (1) or (2) has a net class rate of .65 percent if it consists
unless it is part of an agricultural homestead under paragraph (a), or
qualifies as class 2c under paragraph (d).
(d) Class 2c managed forest land consists of no less than ten
20 and no more than 1,920 acres and statewide per taxpayer that
is being managed under a forest management plan that meets the requirements of
chapter 290C, but is not enrolled in the sustainable forest resource management
incentive program. It has a class
rate of .65 percent, provided that the owner of the property must apply to
the assessor annually to receive the reduced class rate and provide the
information required by the assessor to verify that the property qualifies for
the reduced rate. The commissioner
of natural resources must concur that the land is qualified. The commissioner of natural resources shall
annually provide county assessors verification information on a timely basis.
(c) (e) Agricultural land as used in this section means
contiguous acreage of ten acres or more, used during the preceding year for
agricultural purposes. "Agricultural purposes" as used in this
section means the raising or, cultivation, drying, or storage
of agricultural products for sale, or the storage of machinery or equipment
used in support of agricultural production by the same farm entity. For a property to be classified as
agricultural based only on the drying or storage of agricultural products, the
products being dried or stored must have been produced by the same farm entity
as the entity operating the drying or storage facility. "Agricultural
purposes" also includes enrollment in the Reinvest in Minnesota program
under sections 103F.501 to 103F.535 or the federal Conservation
Reserve Program as contained in Public Law 99-198 or
a similar state or federal conservation program if the property was
classified as agricultural (i) under this subdivision for the assessment year
2002 or (ii) in the year prior to its enrollment. Contiguous acreage on the same parcel, or contiguous acreage
on an immediately adjacent parcel under the same ownership, may also qualify as
agricultural land, but only if it is pasture, timber, waste, unusable wild
land, or land included in state or federal farm programs. Agricultural classification for
property shall be determined excluding the house, garage, and immediately
surrounding one acre of land, and shall not be based upon the market value
of any residential structures on the parcel or contiguous parcels under the
same ownership.
(d) (f) Real estate of less than ten acres, excluding
the house, garage, and immediately surrounding one acre of land, of less than
ten acres which is exclusively and or intensively used for
raising or cultivating agricultural products, shall be considered as
agricultural land. To qualify under
this paragraph, property that includes a residential structure must be used
intensively for one of the following purposes:
(i) for drying or storage of grain or storage of
machinery or equipment used to support agricultural activities on other parcels
of property operated by the same farming entity;
(ii) as a nursery, provided that only those acres
used to produce nursery stock are considered agricultural land;
(iii) for livestock or poultry confinement, provided
that land that is used only for pasturing and grazing does not qualify; or
(iv) for market farming; for purposes of this
paragraph, "market farming" means the cultivation of one or more
fruits or vegetables or production of animal or other agricultural products for
sale to local markets by the farmer or an organization with which the farmer is
affiliated.
(g) Land shall be classified as agricultural even if all
or a portion of the agricultural use of that property is the leasing to, or use
by another person for agricultural purposes.
Classification under this subdivision is not
determinative for qualifying under section 273.111.
(h) The property classification under this section
supersedes, for property tax purposes only, any locally administered
agricultural policies or land use restrictions that define minimum or maximum
farm acreage.
(e) (i) The term "agricultural products" as used
in this subdivision includes production for sale of:
(1) livestock, dairy animals, dairy products,
poultry and poultry products, fur-bearing animals, horticultural and nursery
stock, fruit of all kinds, vegetables, forage, grains, bees, and apiary
products by the owner;
(2) fish bred for sale and consumption if the fish
breeding occurs on land zoned for agricultural use;
(3) the commercial boarding of horses if the
boarding is done in conjunction with raising or cultivating agricultural
products as defined in clause (1);
(4) property which is owned and operated by
nonprofit organizations used for equestrian activities, excluding racing;
(5) game birds and waterfowl bred and raised for use
on a shooting preserve licensed under section 97A.115;
(6) insects primarily bred to be used as food for
animals;
(7) trees, grown for sale as a crop, including
short rotation woody crops, and not sold for timber, lumber, wood, or wood
products; and
(8) maple syrup taken from trees grown by a person
licensed by the Minnesota Department of Agriculture under chapter 28A as a food
processor.
(f) (j) If a parcel used for agricultural purposes is also
used for commercial or industrial purposes, including but not limited to:
(1) wholesale and retail sales;
(2) processing of raw agricultural products or other
goods;
(3) warehousing or storage of processed goods; and
(4) office facilities for the support of the activities
enumerated in clauses (1), (2), and (3),
the assessor shall classify
the part of the parcel used for agricultural purposes as class 1b, 2a, or 2b,
whichever is appropriate, and the remainder in the class appropriate to its
use. The grading, sorting, and
packaging of raw agricultural products for first sale is considered an
agricultural purpose. A greenhouse or
other building where horticultural or nursery products are grown that is also
used for the conduct of retail sales must be classified as agricultural if it
is primarily used for the growing of horticultural or nursery products from
seed, cuttings, or roots and occasionally as a showroom for the retail sale of
those products. Use of a greenhouse or
building only for the display of already grown horticultural or nursery
products does not qualify as an agricultural purpose.
The assessor shall determine and list separately on
the records the market value of the homestead dwelling and the one acre of land
on which that dwelling is located. If
any farm buildings or structures are located on this homesteaded acre of land,
their market value shall not be included in this separate determination.
(g) (k) Class 2d airport landing area consists of a
landing area or public access area of a privately owned public use
airport. It has a class rate of one
percent of market value. To qualify for
classification under this paragraph (b), clause (4), a privately
owned public use airport must be licensed as a public airport under section
360.018. For purposes of this
paragraph (b), clause (4), "landing area" means that part of a
privately owned public use airport properly cleared, regularly maintained, and
made available to the public for use by aircraft and includes runways,
taxiways, aprons, and sites upon which are situated landing or navigational
aids. A landing area also includes land
underlying both the primary surface and the approach surfaces that comply with
all of the following:
(i) the land is properly cleared and regularly
maintained for the primary purposes of the landing, taking off, and taxiing of
aircraft; but that portion of the land that contains facilities for servicing,
repair, or maintenance of aircraft is not included as a landing area;
(ii) the land is part of the airport property; and
(iii) the land is not used for commercial or
residential purposes.
The land contained in a
landing area under this paragraph (b), clause (4), must be
described and certified by the commissioner of transportation. The certification is effective until it is
modified, or until the airport or landing area no longer meets the requirements
of this paragraph (b), clause (4). For purposes of this paragraph (b), clause (4),
"public access area" means property used as an aircraft parking ramp,
apron, or storage hangar, or an arrival and departure building in connection
with the airport.
(l) Class 2e consists of land with a commercial
aggregate deposit that is not actively being mined and is not otherwise
classified as class 2a or 2b. It has a
class rate of one percent of market value.
To qualify for classification under this paragraph, the property must be
at least ten contiguous acres in size and the owner of the property must record
with the county recorder of the county in which the property is located an
affidavit containing:
(1) a legal description of the property;
(2) a disclosure that the property contains a
commercial aggregate deposit that is not actively being mined but is present on
the entire parcel enrolled;
(3) documentation that the conditional use under the
county or local zoning ordinance of this property is for mining; and
(4) documentation that a permit has been issued by
the local unit of government or the mining activity is allowed under local
ordinance. The disclosure must include
a statement from a registered professional geologist, engineer, or soil
scientist delineating the deposit and certifying that it is a commercial
aggregate deposit.
For purposes of this section and section 273.1115,
"commercial aggregate deposit" means a deposit that will yield
crushed stone or sand and gravel that is suitable for use as a construction
aggregate; and "actively mined" means the removal of top soil and
overburden in preparation for excavation or excavation of a commercial deposit.
(m) When any portion of the property under this
subdivision or subdivision 22 begins to be actively mined, the owner must file
a supplemental affidavit within 60 days from the day any aggregate is removed
stating the number of acres of the property that is actively being mined. The acres actively being mined must be (1)
valued and classified under subdivision 24 in the next subsequent assessment
year, and (2) removed from the aggregate resource preservation property tax program
under section 273.1115, if the land was enrolled in that program. Copies of the original affidavit and all
supplemental affidavits must be filed with the county assessor, the local
zoning administrator, and the Department of Natural Resources, Division of Land
and Minerals. A supplemental affidavit
must be filed each time a subsequent portion of the property is actively mined,
provided that the minimum acreage change is five acres, even if the actual
mining activity constitutes less than five acres.
EFFECTIVE DATE. The portions of this section reducing the agricultural class
rate, expanding the definition of "agricultural purposes" in
paragraph (e) and "agricultural products" in paragraph (h), and
relating to managed forest land in paragraph (d), are effective for taxes
payable in 2009 and thereafter. The
remainder of the section is effective for taxes payable in 2010 and thereafter.
Sec. 27.
Minnesota Statutes 2006, section 273.13, subdivision 25, as amended by
Laws 2008, chapter 154, article 2, section 13, is amended to read:
Subd. 25. Class 4. (a) Class 4a is residential real estate containing four or more
units and used or held for use by the owner or by the tenants or lessees of the
owner as a residence for rental periods of 30 days or more, excluding property
qualifying for class 4d. Class 4a also
includes hospitals licensed under sections 144.50 to 144.56, other than
hospitals exempt under section 272.02, and contiguous property used for
hospital purposes, without regard to whether the property has been platted or
subdivided. The market value of class
4a property has a class rate of 1.25 percent.
(b) Class 4b includes:
(1) residential real estate containing less than
four units that does not qualify as class 4bb, other than seasonal residential
recreational property;
(2) manufactured homes not classified under any
other provision;
(3) a dwelling, garage, and surrounding one acre of
property on a nonhomestead farm classified under subdivision 23, paragraph (b)
containing two or three units; and
(4) unimproved property that is classified
residential as determined under subdivision 33.
The market value of class 4b property has a class
rate of 1.25 percent.
(c) Class 4bb includes:
(1) nonhomestead residential real estate containing
one unit, other than seasonal residential recreational property; and
(2) a single family dwelling, garage, and
surrounding one acre of property on a nonhomestead farm classified under
subdivision 23, paragraph (b).
Class 4bb property has the same class rates as class
1a property under subdivision 22.
Property that has been classified as seasonal
residential recreational property at any time during which it has been owned by
the current owner or spouse of the current owner does not qualify for class
4bb.
(d) Class 4c property includes:
(1) except as provided in subdivision 22, paragraph
(c), or subdivision 23, paragraph (b), clause (1), real and personal property
devoted to temporary and seasonal residential occupancy for recreation
purposes, including real and personal property devoted to temporary and
seasonal residential occupancy for recreation purposes and not devoted to
commercial purposes for more than 250 days in the year preceding the year of
assessment. For purposes of this
clause, property is devoted to a commercial purpose on a specific day if any
portion of the property is used for residential occupancy, and a fee is charged
for residential occupancy. Class 4c
property must contain three or more rental units. A "rental unit" is defined as a cabin, condominium,
townhouse, sleeping room, or individual camping site equipped with water and
electrical hookups for recreational vehicles.
Class 4c property must provide recreational activities such as renting
ice fishing houses, boats and motors, snowmobiles, downhill or cross-country
ski equipment; provide marina services, launch services, or guide services; or
sell bait and fishing tackle. A camping
pad offered for rent by a property that otherwise qualifies for class 4c is
also class 4c regardless of the term of the rental agreement, as long as the
use of the camping pad does not exceed 250 days. In order for a property to be classified as class 4c, seasonal
residential recreational for commercial purposes under this clause, at
least 40 percent of the annual gross lodging receipts related to the property
must be from business conducted during 90 consecutive days and either (i) at
least 60 percent of all paid bookings by lodging guests during the year must be
for periods of at least two consecutive nights; or (ii) at least 20 percent of
the annual gross receipts must be from charges for rental of fish houses, boats
and motors, snowmobiles, downhill or cross-country ski equipment, or charges
for marina services, launch services, and guide services, or the sale of bait
and fishing tackle. For purposes of
this determination, a paid booking of five or more nights shall be counted as
two bookings. Class 4c also includes
commercial use real property used exclusively for recreational purposes in
conjunction with class 4c property devoted to temporary and seasonal
residential occupancy for recreational purposes, up to a total of two acres,
provided the property is not devoted to commercial recreational use for more
than 250 days in the year preceding the year of assessment and is located
within two miles of the class 4c property with which it is used. Owners of real and personal property devoted
to temporary and seasonal residential occupancy for recreation purposes and all
or a portion of which was devoted to commercial purposes for not more than 250
days in the year preceding the year of assessment desiring classification as
class 4c, must submit a declaration to the assessor designating the cabins or
units occupied for 250 days or less in the year preceding the year of
assessment by January 15 of the assessment
year. Those
cabins or units and a proportionate share of the land on which they are located
must be designated class 4c as otherwise provided. The remainder of the cabins or units and a proportionate share of
the land on which they are located will be designated as class 3a. The owner of property desiring designation
as class 4c property must provide guest registers or other records
demonstrating that the units for which class 4c designation is sought were not
occupied for more than 250 days in the year preceding the assessment if so
requested. The portion of a property
operated as a (1) restaurant, (2) bar, (3) gift shop, (4) conference center or
meeting room, and (5) other nonresidential facility operated on a commercial basis
not directly related to temporary and seasonal residential occupancy for
recreation purposes does not qualify for class 4c;
(2) qualified property used as a golf course
if:
(i) it is open to the public on a daily fee
basis. It may charge membership fees or
dues, but a membership fee may not be required in order to use the property for
golfing, and its green fees for golfing must be comparable to green fees
typically charged by municipal courses; and
(ii) it meets the requirements of section 273.112,
subdivision 3, paragraph (d).
A structure used as a clubhouse, restaurant, or
place of refreshment in conjunction with the golf course is classified as class
3a property;
(3) real property up to a maximum of three acres of
land owned and used by a nonprofit community service oriented organization and
that is not used for residential purposes on either a temporary or permanent
basis, qualifies for class 4c provided that it meets either of the
following:
(i) the property is not used for a revenue-producing
activity for more than six days in the calendar year preceding the year of
assessment; or
(ii) the organization makes annual charitable
contributions and donations at least equal to the property's previous year's
property taxes and the property is allowed to be used for public and community
meetings or events for no charge, as appropriate to the size of the facility.
For purposes of this clause,
(A) "charitable contributions and
donations" has the same meaning as lawful gambling purposes under section
349.12, subdivision 25, excluding those purposes relating to the payment of
taxes, assessments, fees, auditing costs, and utility payments;
(B) "property taxes" excludes the state
general tax;
(C) a "nonprofit community service oriented organization"
means any corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious, fraternal, civic,
or educational purposes, and which is exempt from federal income taxation
pursuant to section 501(c)(3), (10), or (19) of the Internal Revenue Code of
1986, as amended through December 31, 1990; and
(D) "revenue-producing activities" shall
include but not be limited to property or that portion of the property that is
used as an on-sale intoxicating liquor or 3.2 percent malt liquor establishment
licensed under chapter 340A, a restaurant open to the public, bowling alley, a
retail store, gambling conducted by organizations licensed under chapter 349,
an insurance business, or office or other space leased or rented to a lessee
who conducts a for-profit enterprise on the premises.
Any portion of the property
qualifying under item (i) which is used for revenue-producing activities for
more than six days in the calendar year preceding the year of assessment shall
be assessed as class 3a. The use of the
property for social events open exclusively to members and their guests for
periods of less than 24 hours, when an admission is not charged nor any
revenues are received by the organization shall not be considered a
revenue-producing activity.
The organization shall maintain records of its
charitable contributions and donations and of public meetings and events held
on the property and make them available upon request any time to the assessor
to ensure eligibility. An organization
meeting the requirement under item (ii) must file an application by May 1 with
the assessor for eligibility for the current year's assessment. The commissioner shall prescribe a uniform
application form and instructions;
(4) postsecondary student housing of not more than
one acre of land that is owned by a nonprofit corporation organized under
chapter 317A and is used exclusively by a student cooperative, sorority, or
fraternity for on-campus housing or housing located within two miles of the
border of a college campus;
(5) manufactured home parks as defined in section
327.14, subdivision 3;
(6) real property that is actively and exclusively
devoted to indoor fitness, health, social, recreational, and related uses, is
owned and operated by a not-for-profit corporation, and is located within the
metropolitan area as defined in section 473.121, subdivision 2;
(7) a leased or privately owned noncommercial
aircraft storage hangar not exempt under section 272.01, subdivision 2, and the
land on which it is located, provided that:
(i) the land is on an airport owned or operated by a
city, town, county, Metropolitan Airports Commission, or group thereof; and
(ii) the land lease, or any ordinance or signed
agreement restricting the use of the leased premise, prohibits commercial
activity performed at the hangar.
If a hangar classified under this clause is sold
after June 30, 2000, a bill of sale must be filed by the new owner with the
assessor of the county where the property is located within 60 days of the
sale;
(8) a privately owned noncommercial aircraft storage
hangar not exempt under section 272.01, subdivision 2, and the land on which it
is located, provided that:
(i) the land abuts a public airport; and
(ii) the owner of the aircraft storage hangar
provides the assessor with a signed agreement restricting the use of the
premises, prohibiting commercial use or activity performed at the hangar; and
(9) residential real estate, a portion of which is
used by the owner for homestead purposes, and that is also a place of lodging,
if all of the following criteria are met:
(i) rooms are provided for rent to transient guests
that generally stay for periods of 14 or fewer days;
(ii) meals are provided to persons who rent rooms,
the cost of which is incorporated in the basic room rate;
(iii) meals are not provided to the general public
except for special events on fewer than seven days in the calendar year
preceding the year of the assessment; and
(iv) the owner is the operator of the property.
The market value subject to
the 4c classification under this clause is limited to five rental units. Any rental units on the property in excess
of five, must be valued and assessed as class 3a. The portion of the property used for purposes of a homestead by
the owner must be classified as class 1a property under subdivision 22.;
and
(10) real property up to a maximum of three acres
and operated as a restaurant as defined under section 157.15, subdivision 12, provided it: (A) is located on a lake as defined under
section 103G.005, subdivision 15, paragraph (a), clause (3); and (B) is
either devoted to commercial purposes for not more than 250 consecutive days,
or receives at least 60 percent of its annual gross receipts from business
conducted during four consecutive months.
Gross receipts from the sale of alcoholic beverages must be included in
determining the property's qualification under subitem (B). The property's primary business must be as a
restaurant and not as a bar. Gross
receipts from gift shop sales located on the premises must be excluded. Owners of real property desiring 4c
classification under this clause must submit an annual declaration to the
assessor by February 1 of the current assessment year, based on the property's
relevant information for the preceding assessment year.
Class 4c property has a class rate of 1.5 percent of
market value, except that (i) each parcel of seasonal residential recreational
property not used for commercial purposes has the same class rates as class 4bb
property, (ii) manufactured home parks assessed under clause (5) have the
same class rate as class 4b property, (iii) commercial-use seasonal
residential recreational property has a class rate of one percent for the first
$500,000 of market value, and 1.25 percent for the remaining market value, (iv)
the market value of property described in clause (4) has a class rate of one
percent, (v) the market value of property described in clauses (2) and,
(6), and (10) has a class rate of 1.25 percent, and (vi) that portion of
the market value of property in clause (9) qualifying for class 4c property has
a class rate of 1.25 percent.
(e) Class 4d property is qualifying low-income
rental housing certified to the assessor by the Housing Finance Agency under
section 273.128, subdivision 3. If only
a portion of the units in the building qualify as low-income rental housing
units as certified under section 273.128, subdivision 3, only the proportion of
qualifying units to the total number of units in the building qualify for class
4d. The remaining portion of the
building shall be classified by the assessor based upon its use. Class 4d also includes the same proportion
of land as the qualifying low-income rental housing units are to the total
units in the building. For all
properties qualifying as class 4d, the market value determined by the assessor
must be based on the normal approach to value using normal unrestricted rents.
Class 4d property has a class rate of 0.75 percent.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter, except that for the 2008 assessment year, the declaration to the
assessor shall be September 1, 2008.
Sec. 28.
Minnesota Statutes 2006, section 273.13, subdivision 33, is amended to
read:
Subd. 33. Classification of unimproved property. (a) All real property that is not improved
with a structure must be classified according to its current use.
(b) Except as provided in subdivision 23,
paragraph (c), real property that is not improved with a structure and for
which there is no identifiable current use must be classified according to its
highest and best use permitted under the local zoning ordinance. If the ordinance permits more than one use,
the land must be classified according to the highest and best use permitted
under the ordinance. If no such
ordinance exists, the assessor shall consider the most likely potential use of
the unimproved land based upon the use made of surrounding land or land in
proximity to the unimproved land.
EFFECTIVE DATE. This section is effective for taxes payable in 2010 and
thereafter.
Sec. 29.
Minnesota Statutes 2006, section 273.1384, subdivision 2, is amended to
read:
Subd. 2. Agricultural homestead market value credit. Property classified as class 2a
agricultural homestead under section 273.13, subdivision 23, paragraph (a), is
eligible for an agricultural credit.
The credit is computed using the property's agricultural credit market
value, defined for this purpose as the property's class 2a market value
excluding the market value of the house, garage, and immediately surrounding
one acre of land. The credit is equal
to 0.3 percent of the first $115,000 of the property's agricultural credit
market value minus .05 percent of the property's agricultural credit market
value in excess of $115,000, subject to a maximum reduction of $115. In the case of property that is classified in
as part as class 2a agricultural homestead and in part as
class 2b nonhomestead farm land solely because not all the owners
occupy or farm the property, not all the owners have qualifying relatives
occupying or farming the property, or solely because not all the spouses of
owners occupy the property, the credit must be initially computed as if that
nonhomestead agricultural land was also classified as class 2a
agricultural homestead and then prorated to the owner-occupant's percentage of
ownership.
EFFECTIVE DATE. This section is effective for taxes payable in 2010 and
thereafter.
Sec. 30.
Minnesota Statutes 2007 Supplement, section 273.1393, is amended to
read:
273.1393 COMPUTATION OF NET
PROPERTY TAXES.
Notwithstanding any other provisions to the
contrary, "net" property taxes are determined by subtracting the
credits in the order listed from the gross tax:
(1) disaster credit as provided in sections 273.1231
to 273.1235;
(2) powerline credit as provided in section 273.42;
(3) agricultural preserves credit as provided in
section 473H.10;
(4) enterprise zone credit as provided in section
469.171;
(5) disparity reduction credit;
(6) conservation tax credit as provided in section
273.119;
(7) homestead and agricultural credits as provided
in section 273.1384;
(8) taconite homestead credit as provided in section
273.135; and
(9) supplemental homestead credit as provided in
section 273.1391; and
(10) the bovine tuberculosis zone credit, as
provided in section 273.113.
The combination of all property tax credits must not
exceed the gross tax amount.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec. 31.
Minnesota Statutes 2006, section 273.19, subdivision 1, is amended to
read:
Subdivision 1.
Tax-exempt property; lease. Except as provided in subdivision 3 or 4,
tax-exempt property held under a lease for a term of at least one year, and not
taxable under section 272.01, subdivision 2, or under a contract for the
purchase thereof, shall be considered, for all purposes of taxation, as the
property of the person holding it. In
this subdivision, "tax-exempt property" means property owned by the
United States, the state, a school, or any religious, scientific, or benevolent
society or institution, incorporated or unincorporated, or any corporation
whose property is not taxed in the same manner as other property. This subdivision does not apply to property
exempt from taxation under section 272.01, subdivision 2, paragraph (b),
clauses (2), (3), and (4), or to property exempt from taxation under section
272.0213.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec. 32.
Minnesota Statutes 2006, section 274.14, is amended to read:
274.14 LENGTH OF SESSION;
RECORD.
The board may meet on any ten consecutive meeting
days in June, after the second Friday in June.
The actual meeting dates must be contained on the valuation notices
mailed to each property owner in the county as provided in section
273.121. For this purpose,
"meeting days" is defined as any day of the week excluding Saturday
and Sunday. At the board's discretion,
"meeting days" may include Saturday.
No action taken by the county board of review after June 30 is
valid, except for corrections permitted in sections 273.01 and 274.01. The county auditor shall keep an accurate
record of the proceedings and orders of the board. The record must be published like other proceedings of county
commissioners. A copy of the published
record must be sent to the commissioner of revenue, with the abstract of
assessment required by section 274.16.
For counties that conduct either regular board of
review meetings or open book meetings, at least one of the meeting days must
include a meeting that does not end before 7:00 p.m. For counties that require taxpayer appointments for the board of
review, appointments must include some available times that extend until at
least 7:00 p.m. The county may have a
Saturday meeting in lieu of, or in addition to, the extended meeting times
under this paragraph.
EFFECTIVE DATE. This section is effective for assessment year 2009 and thereafter.
Sec. 33.
Minnesota Statutes 2006, section 275.065, is amended by adding a
subdivision to read:
Subd. 1d. Failure to certify proposed levy. If a taxing authority fails to certify
its proposed levy by the due dates specified under subdivisions 1, 1a, and 1c,
the county auditor shall use the authority's previous year's final levy under
section 275.07, subdivision 1, for purposes of determining its proposed
property tax notices and public advertisements under this section.
EFFECTIVE DATE. This section is effective for notices prepared in 2008, for
property taxes payable in 2009 and thereafter.
Sec. 34.
Minnesota Statutes 2006, section 275.065, subdivision 8, is amended to
read:
Subd. 8. Hearing. Notwithstanding any other provision of law, Ramsey County, the
city of St. Paul, and Independent School District No. 625 are authorized to and
shall hold their initial public hearing jointly. The hearing must be held on during the week of the
second Tuesday of December each year.
The advertisement required in subdivision 5a may be a joint
advertisement. The hearing is otherwise
subject to the requirements of this section.
Ramsey County is authorized to hold an additional
initial hearing or hearings as provided under this section, provided that any
additional hearings must not conflict with the initial or continuation hearing
dates of the other taxing districts.
However, if Ramsey County elects not to hold such additional initial
hearing or hearings, the joint initial hearing required by this subdivision
must be held in a St. Paul location convenient to residents of Ramsey County.
EFFECTIVE DATE. This section is effective for proposed notices and hearings
held in 2008 and thereafter.
Sec. 35.
Minnesota Statutes 2006, 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 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 appropriate governmental authority must be
apportioned to the municipal governmental subdivision entitled to
it;
(2) 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;
(3) 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 governmental subdivision entitled to
it; and
(4) 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 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 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.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 36.
Minnesota Statutes 2006, section 298.75, subdivision 1, as amended by
Laws 2008, chapter 154, article 8, section 15, is amended to read:
Subdivision 1.
Definitions. Except as may otherwise be provided, the
following words, when used in this section, shall have the meanings herein
ascribed to them.
(a) "Aggregate material" means:
(1) nonmetallic natural mineral aggregate including,
but not limited to sand, silica sand, gravel, crushed rock, limestone, granite,
and borrow, but only if the borrow is transported on a public road, street, or
highway, provided that nonmetallic aggregate material does not include
dimension stone and dimension granite; and
(2) taconite tailings, crushed rock, and
architectural or dimension stone and dimension granite removed from a taconite
mine or the site of a previously operated taconite mine.
Aggregate material must be measured or weighed after
it has been extracted from the pit, quarry, or deposit.
(b) "Person" means any individual, firm,
partnership, corporation, organization, trustee, association, or other entity.
(c) "Operator" means any person engaged in
the business of removing aggregate material from the surface or subsurface of
the soil, for the purpose of sale, either directly or indirectly, through the
use of the aggregate material in a marketable product or service.
(d) "Extraction site" means a pit, quarry,
or deposit containing aggregate material and any contiguous property to the
pit, quarry, or deposit which is used by the operator for stockpiling the
aggregate material.
(e) "Importer" means any person who buys
aggregate material produced excavated from a county not listed in
paragraph (f) or another state and causes the aggregate material to be imported
into a county in this state which imposes a tax on aggregate material.
(f) "County" means the counties of Pope,
Stearns, Benton, Sherburne, Carver, Scott, Dakota, Le Sueur, Kittson, Marshall,
Pennington, Red Lake, Polk, Norman, Mahnomen, Clay, Becker, Carlton, St. Louis,
Rock, Murray, Wilkin, Big Stone, Sibley, Hennepin, Washington, Chisago, and
Ramsey. County also means any other
county whose board has voted after a public hearing to impose the tax under
this section and has notified the commissioner of revenue of the imposition of
the tax.
(g) "Borrow" means granular borrow,
consisting of durable particles of gravel and sand, crushed quarry or mine
rock, crushed gravel or stone, or any combination thereof, the ratio of the
portion passing the (#200) sieve divided by the portion passing the (1 inch)
sieve may not exceed 20 percent by mass.
EFFECTIVE DATE. This section is effective January 1, 2009.
Sec. 37.
Minnesota Statutes 2006, section 298.75, subdivision 2, is amended to
read:
Subd. 2. Tax imposed. (a) A county that imposes the aggregate production tax shall
impose upon every importer and operator a production tax up to ten
cents of 21.5 cents per cubic yard or up to seven 15 cents
per ton of aggregate material removed excavated in the county except
that the county board may decide not to impose this tax if it determines that
in the previous year operators removed less than 20,000 tons or 14,000 cubic
yards of aggregate material from that county.
The tax shall not be imposed on aggregate material produced
excavated in the county when until the aggregate material is
transported from the extraction site or sold, whichever occurs first. When
aggregate material is stored in a stockpile within
the state of Minnesota and a public highway, road or street is not used for
transporting the aggregate material, the tax shall not be imposed until
either when the aggregate material is sold, or when it is transported from
the stockpile site, or when it is used from the stockpile, whichever occurs
first.
(b) A county that imposes the aggregate production
tax under paragraph (a) shall impose upon every importer a production tax of
21.5 cents per cubic yard or 15 cents per ton of aggregate material imported
into the county. The tax shall be
imposed when the aggregate material is imported from the extraction site or
sold. When imported aggregate material
is stored in a stockpile within the state of Minnesota and a public highway,
road, or street is not used for transporting the aggregate material, the tax
shall be imposed either when the aggregate material is sold, when it is transported
from the stockpile site, or when it is used from the stockpile, whichever
occurs first. The tax shall be imposed on
an importer when the aggregate material is imported into the county that
imposes the tax.
(c) If the aggregate material is transported directly
from the extraction site to a waterway, railway, or another mode of
transportation other than a highway, road or street, the tax imposed by this
section shall be apportioned equally between the county where the aggregate
material is extracted and the county to which the aggregate material is
originally transported. If that
destination is not located in Minnesota, then the county where the aggregate
material was extracted shall receive all of the proceeds of the tax.
(d) A county, city, or town that receives revenue
under this section is prohibited from imposing any additional host community
fees on aggregate production within that county, city, or town.
EFFECTIVE DATE. This section is effective January 1, 2009.
Sec. 38.
Minnesota Statutes 2006, section 298.75, subdivision 6, is amended to
read:
Subd. 6. Penalties; removal of aggregate if previous
tax not paid; false report. It is a
misdemeanor for any operator or importer to remove aggregate material from a
pit, quarry, or deposit or for any importer to import aggregate material unless
all taxes due under this section for the all previous reporting period
periods have been paid or objections thereto have been filed pursuant to
subdivision 4.
It is a misdemeanor for the operator or importer who
is required to file a report to file a false report with intent to evade the
tax.
EFFECTIVE DATE. This section is effective January 1, 2009.
Sec. 39.
Minnesota Statutes 2006, section 298.75, subdivision 7, as amended by
Laws 2008, chapter 154, article 8, section 17, is amended to read:
Subd. 7. Proceeds of taxes. (a) All money collected as taxes
under this section on aggregate material as defined in subdivision 1, paragraph
(a), clause (1), shall be deposited in the county treasury and credited as
follows, for expenditure by the county board:
according to this subdivision.
(b) The county auditor may retain an annual
administrative fee of up to five percent of the total taxes collected in any
year.
(c) The balance of the taxes, after any deduction
under paragraph (b), shall be credited as follows:
(a) Sixty (1) 42.5 percent to the county road and bridge fund for
expenditure for the maintenance, construction and reconstruction of roads,
highways and bridges;
(b) Thirty (2) 42.5 percent to the road and bridge fund of those
towns as determined by the county board and to the general fund or other
designated fund of those cities as determined by the county board of the
city or town in which the mine is located, or to the county, if the mine is
located in an unorganized town, to be expended for maintenance,
construction and reconstruction of roads, highways and bridges; and
(c) Ten (3) 15 percent to a special reserve fund which is hereby
established, for expenditure for the restoration of abandoned pits, quarries,
or deposits located upon public and tax forfeited lands within the
county.
If there are no abandoned pits, quarries or deposits
located upon public or tax forfeited lands within the county, this
portion of the tax shall be deposited in the county road and bridge fund for
expenditure for the maintenance, construction and reconstruction of roads,
highways and bridges used for any other unmet reclamation need or for
conservation or other environmental needs.
EFFECTIVE DATE. This section is effective January 1, 2009.
Sec. 40.
Minnesota Statutes 2006, section 365.243, is amended by adding a
subdivision to read:
Subd. 3. Levy for first responder association. A county board may annually levy taxes on
property located within the area of unorganized territory to which a first
responder or fire protection association provides first responder
services. By July 1 of the levy year,
the association must certify to the county board the area of the unorganized
township to which the association will provide first responder services during
the following calendar year. The
proceeds of the levy must be distributed to the association.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec. 41.
Minnesota Statutes 2006, section 365A.095, as amended by Laws 2008,
chapter 154, article 10, section 8, is amended to read:
365A.095 PETITION FOR
REMOVAL OF DISTRICT; PROCEDURE; REFUND OF SURPLUS.
Subdivision 1.
Petition; procedure. A petition signed by at least 75 percent of
the property owners in the territory of the subordinate service district
requesting the removal of the district may be presented to the town board. Within 30 days after the town board receives
the petition, the town clerk shall determine the validity of the signatures on
the petition. If the requisite number
of signatures are certified as valid, the town board must hold a public hearing
on the petitioned matter. Within 30
days after the end of the hearing, the town board must decide whether to
discontinue the subordinate service district, continue as it is, or take some
other action with respect to it.
Subd. 2. Bonds Option to refund surplus. If obligations have been issued for the
benefit of the subordinate service district, the rates, charges, and tax
levies, if any, continue until the obligations and any obligations issued to
refund them have been paid in full.
If the district is removed under subdivision 1, after all outstanding
obligations of the district have been paid in full, the town board may vote to
refund any surplus tax revenue or service charge, or any part of it, collected
from the district under section 365A.08.
The refund must be distributed equally to the owners of any property
within the discontinued district that were charged the extra tax or service fee
during the most recent tax year for which the tax or service fee was
imposed. Any surplus not refunded under
this section must be transferred to the town's general fund.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 42.
Minnesota Statutes 2006, section 429.101, subdivision 1, is amended to
read:
Subdivision 1.
Ordinances. (a) In addition to any other method
authorized by law or charter, the governing body of any municipality may provide
for the collection of unpaid special charges as a special assessment against
the property benefited for all or any part of the cost of:
(1) snow, ice, or rubbish removal from sidewalks;
(2) weed elimination from streets or private
property;
(3) removal or elimination of public health or
safety hazards from private property, excluding any structure included under
the provisions of sections 463.15 to 463.26;
(4) installation or repair of water service lines,
street sprinkling or other dust treatment of streets;
(5) the trimming and care of trees and the removal
of unsound trees from any street;
(6) the treatment and removal of insect infested or
diseased trees on private property, the repair of sidewalks and alleys;
(7) the operation of a street lighting system;
(8) the operation and maintenance of a fire
protection or a pedestrian skyway system;
(9) reinspections which find noncompliance after
the due date for compliance with an order to correct inspections
relating to a municipal housing maintenance code violation;
(10) the recovery of any disbursements under section
504B.445, subdivision 4, clause (5), including disbursements for payment of
utility bills and other services, even if provided by a third party, necessary
to remedy violations as described in section 504B.445, subdivision 4, clause
(2); or
(11) [Repealed, 2004 c 275 s 5]
as a special assessment
against the property benefited.
(12) the recovery of delinquent vacant building
registration fees under a municipal program designed to identify and register
vacant buildings.
(b) The council may by ordinance adopt regulations
consistent with this section to make this authority effective, including, at
the option of the council, provisions for placing primary responsibility upon
the property owner or occupant to do the work personally (except in the case of
street sprinkling or other dust treatment, alley repair, tree trimming, care,
and removal or the operation of a street lighting system) upon notice before
the work is undertaken, and for collection from the property owner or other
person served of the charges when due before unpaid charges are made a special
assessment.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 43.
Minnesota Statutes 2006, section 469.1813, subdivision 8, is amended to
read:
Subd. 8. Limitation on abatements. In any year, the total amount of property
taxes abated by a political subdivision under this section may not exceed (1)
ten percent of the current levy net tax capacity of the political
subdivision for the taxes payable year to which the abatement applies, or
(2) $200,000, whichever is greater. The
limit under this subdivision does not apply to:
(i) an uncollected abatement from a prior year that
is added to the abatement levy; or
(ii) a taxpayer whose real and personal property is
subject to valuation under Minnesota Rules, chapter 8100.
EFFECTIVE DATE. This section is effective for abatement resolutions approved
after the day following final enactment.
Sec. 44. Laws
2008, chapter 154, article 2, section 11, the effective date, is amended to
read:
EFFECTIVE DATE. The amendments of this section to paragraph (b) and to the
class rate decrease and the market value increase of the first tier of class 1c
homestead resorts are effective for taxes payable in 2009 and
thereafter. The rest of this section is
effective for taxes payable in 2010 and thereafter.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 45.
Laws 2008, chapter 154, article 2, section 27, is amended to read:
[360.0427] TAX LEVY MAY BE
CERTIFIED BY AN AIRPORT AUTHORITY.
In any year in which it imposes Imposition of a property tax levy under
sections 275.065 to 275.07, which requires an affirmative vote of at
least two-thirds of the members of the authority, an airport authority must
submit its proposed levy to the governing body of the municipality that
contains the airport. The municipal
governing body may approve or modify the amount of the levy, and, when it has
determined the amount, the authority must certify to the auditor of the county
where the airport is located the amount to be levied on all taxable property
within the boundaries of the airport authority.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec. 46. WHITE COMMUNITY HOSPITAL DISTRICT.
Subdivision 1. Authorized. Notwithstanding the contiguity
requirement in Minnesota Statutes, section 447.31, subdivision 2, any two or
more of the following cities and towns in St. Louis County may establish by
resolution of their respective governing bodies the White Community Hospital
District: the cities of Aurora,
Biwabik, and Hoyt Lakes, and the towns of Biwabik, White, and Colvin. The proposed resolution to establish the
hospital district must be published and is subject to referendum as provided in
section 447.31, subdivision 2.
Subd. 2. Powers; may make grants. (a) Except as otherwise provided in this
section, the White Community Hospital District shall be organized and have the
powers and duties provided in Minnesota Statutes, sections 447.31, except
subdivisions 2, 5, and 6; 447.32, subdivisions 5, 7, and 9; 447.345; 447.37;
and 447.38.
(b) The hospital district may levy taxes as provided
in this section to provide funding to make grants to the White Community
Hospital and any affiliated health care facility or provider for any purpose
authorized for hospital districts in Minnesota Statutes, sections 447.31 to
447.38, except 447.331. A grant must
not be made under this section until the governing body of the White Community
Hospital, and any of its affiliated health care facilities or providers
receiving a grant, have entered into a written agreement with the hospital
district board stating that the governing body will comply with and is subject
to all provisions of the Minnesota open meeting law in Minnesota Statutes,
chapter 13D.
Subd. 3. Annexation; detachment. Once the hospital district is
established, any other city, town, or unorganized area in St. Louis County may
join the hospital district in the same manner provided in subdivision 1 for
establishment of the hospital district.
A city, town, or unorganized area that is a member of the hospital
district may
detach from the district in the same manner as it
may join. An annexation to or
detachment from the hospital district is effective for taxes payable in the
following calendar year if the resolution is adopted, or in the case of an
unorganized area the petition submitted to the county auditor, before July 1 of
the levy year. A resolution adopted or
petition submitted after July 1 of any year is effective for the taxes payable
the year following the next levy year.
Subd. 4. Unorganized areas. An unorganized area in St. Louis County
shall become a member of the hospital district if at least 51 percent of the
residents of the unorganized area signed a petition submitted to the hospital
district board and the county auditor requesting to participate in the hospital
district.
Subd. 5. Hospital district board. The hospital district shall be governed
by a hospital board composed of one member of each participating city and
town's governing body, appointed by the governing body. If the hospital district only has two members,
each member city or town shall appoint two board members. The hospital district board must appoint
from among its members a chair, clerk, treasurer, and any other officers the
board deems necessary or useful. The
St. Louis County Board of Commissioners shall appoint a resident of any
unorganized area that is participating in the hospital district. All board members serve at the pleasure of
the respective appointing authorities.
Subd. 6. No compensation; expenses. Board members shall serve without
compensation but shall be eligible for per diem and expenses provided by, and
at the discretion of, their respective appointing authorities.
Subd. 7. Operating tax levy. The hospital district board may levy a
tax as provided in Minnesota Statutes, section 447.34, except as provided in
this subdivision. If the hospital
district board levies it must be a uniform tax rate levied against the net tax
capacity of all taxable properties located within each participating city,
town, or unorganized area. The maximum
amount that may be levied in the hospital district must not exceed 0.066088
percent of the fully taxable market value of all taxable properties located
within each participating city, town, or unorganized area.
Any tax levied by the hospital district is in
addition to all other taxes levied on the property, including taxes levied for
any other hospital purpose by a participating city or town. The levy must be disregarded in the
calculation of all other rate or per capita levy limitations imposed by law.
EFFECTIVE DATE; NO LOCAL APPROVAL. This section is effective the day following final enactment
without local approval under Minnesota Statutes, section 645.023, subdivision
1, paragraph (a), for taxes levied in 2008, payable in 2009, and thereafter.
Sec. 47. VADNAIS LAKE AREA WATER MANAGEMENT
ORGANIZATION; STORM SEWER UTILITY FEES.
Notwithstanding any other law to the contrary and
pursuant to joint powers agreements authorized under Minnesota Statutes,
sections 103B.211 and 471.59, the Vadnais Lake Area Water Management Organization
may certify to the county auditor any fees or charges imposed by the
organization under Minnesota Statutes, section 103B.211 or 444.075, and the
parcels on which the charges are imposed.
The county auditor shall extend the charges on the property tax
statements. The amounts must be
certified by November 30 to appear on statements for taxes payable in the
following year. The charges, if not
paid, become delinquent and are subject to the same penalties, the same rate of
interest, and become a lien upon the property in the same manner, as real
property taxes. The charges shall be
paid to the Vadnais Lake Area Water Management Organization by the county
auditor in the same manner and at the same time as property taxes. The county auditor may charge the Vadnais
Lake Area Water Management Organization a fee in the amount necessary to
recover the costs of administering the charges.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 48. CITY OF BROOKLYN CENTER; PARTICIPATION
IN CRIME-FREE MULTIHOUSING PROGRAM.
(a) In addition to the requirements of Minnesota
Statutes, section 273.128, if property located in the city of Brooklyn Center
qualifies under paragraph (b), the owners or managers must complete the three
phases of the city's crime-free multihousing program and the qualifying
property must be annually certified by the police as participating in the
program. If a qualifying property is
not certified within one year after it is first determined to be a qualifying property
under paragraph (b), or does not annually maintain its certification in the
program, the city shall notify the property owner that the qualifying property
must comply with the requirements of this section to maintain its
classification as class 4d property. If
a qualifying property is not in compliance within one year after receiving the
notice from the city, the city shall issue a second notice and require the
owners to enter into a plan to achieve compliance within one year. If, upon expiration of the one-year time
period, the qualifying property has not been certified by the police as
completing the program, the city shall notify the commissioner of the Housing
Finance Agency and the commissioner shall remove the property from the list of
class 4d properties certified to the assessor under Minnesota Statutes, section
273.128, subdivision 3. Once removed
from the list, the property is not eligible for class 4d classification until
it complies with this section and its compliance has been certified to the
Housing Finance Agency by the city.
Certification to the Housing Finance Agency must be made by May 15 to be
effective for taxes payable in the following year.
(b) A property is a qualifying property for purposes
of this section's requirements if it satisfies each of the following
requirements:
(1) the city offers a crime-free multihousing
program through its city police;
(2) over the preceding three-year period, the number
of police calls to the property exceeded the city's average number of calls for
multiunit rental properties for the period by at least 25 percent, adjusted for
the number of rental units;
(3) the police department has requested, in writing,
the owners or managers of the property to enroll in the crime-free multihousing
program and the owners or managers refused or failed to enroll within 60 days
after the request, or failed to complete phases one and three within 90 days
and all three phases of the program within a one-year time period; and
(4) the governing body of the city, by resolution,
determines the property is a qualifying property under clauses (1) to (3).
(c) Calls for police or emergency assistance in
response to domestic abuse or medical assistance shall not be counted toward
the number of calls in paragraph (b), clause (2). For purposes of this section, "domestic abuse" has the
meaning given in Minnesota Statutes, section 518B.01, subdivision 2.
(d) Low-income qualifying rental housing property
classified as class 4d property for taxes payable in 2008 must meet the
requirements of this section by May 15, 2011, in order to retain the
classification for taxes payable in 2012.
(e) Provided that the city utilizes the crime-free
multihousing program under this section, on or before January 1, 2017, the city
shall make a report to the chairs of the house of representatives and senate
tax committees describing the effectiveness of the program.
EFFECTIVE DATE; LOCAL
APPROVAL. This section is effective the day after
compliance by the governing body of the city of Brooklyn Center and its chief
clerical officer with Minnesota Statutes, section 645.021, subdivisions 2 and
3. This section expires after taxes
payable in 2017.
Sec. 49. ASSESSMENT OF PROPERTIES OF PURELY
PUBLIC CHARITIES.
Subdivision 1. Application. (a) To facilitate a review by the 2009
legislature of the property tax exemption for property of nonprofit
organizations as purely public charities and the development of standards and
criteria for the tax status of these facilities, this section:
(1) requires the commissioner of revenue to conduct
an analysis of standards applied to determine the tax status of these
organizations; and
(2) prohibits changes in assessment practices and
policies regarding the property of these organizations.
(b) The purpose of this study is to allow the
legislature to evaluate whether the judicially established rules and the
assessment practices and policies in applying those rules to determine the tax
status of these properties ensure that public benefits are, at least, commensurate
with the costs of the exemption. The
legislature does not intend, in requiring this study, to indicate an intention
to expand or to narrow the existing rules for exempting institutions of purely
public charity.
Subd. 2. Report by commissioner of revenue. (a) The commissioner of revenue shall
survey all county assessors on:
(1) the tax status of property of institutions of
purely public charity located in the state, including detail on the type of
organization and the use of the property; and
(2) their practices and policies in determining the
tax status of property of institutions of purely public charity, including the
extent to which the assessment practices and policies require the institutions
to provide goods or services at free or below market prices and on the
treatment of government payments.
(b) The commissioner shall report the findings to
the chairs of the house and senate committees with jurisdiction over taxation
by February 1, 2009.
Subd. 3. Moratorium on changes in assessment
practices. (a) An assessor
may not change the current practices or policies used generally in assessing
property of institutions of purely public charities.
(b) An assessor may not change the assessment of the
taxable status of an existing property of an organization of purely public
charity, unless the change is made as a result of a change in ownership,
occupancy or use of the facility, or to correct an error. For currently taxable properties, the
assessor may change the estimated market value of the property.
(c) This subdivision expires on the earlier of:
(1) the enactment of legislation establishing
criteria for the property taxation of purely public charities; or
(2) adjournment of the 2009 regular legislative
session to a date in calendar year 2010.
EFFECTIVE DATE. This section is effective for the 2008 assessment, taxes
payable in 2009.
Sec. 50. FEDERAL AUDIT; SCHOOL DISTRICT LEVY.
Subdivision 1. Calculation. The commissioner of education must
calculate the total amount of revenue that each school district and
intermediate school district needs to replace federal funds that have been
disallowed resulting from the settlement of an audit by the federal Office of
Inspector General of Local Collaborative Time Study school-based services claimed
in Minnesota.
Subd. 2. Levy. A school district may levy a property tax for taxes payable in
2009, 2010, and 2011 only, not to exceed one-third of the amount calculated in
subdivision 1 in each year. A school
district that is a member of an intermediate school district may include in its
levy authority under this subdivision the proportionate share of the
intermediate school district's loss calculated under subdivision. One-half of the levy for taxes payable in
2009 shall be recognized in fiscal year 2009.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec. 51. COMFORT LAKE-FOREST LAKE WATERSHED
DISTRICT.
Notwithstanding any law to the contrary, the Comfort
Lake-Forest Lake Watershed District established under Minnesota Statutes,
chapter 103D, shall be considered a watershed management organization as
defined in Minnesota Statutes, section 103B.205, subdivision 13. The Comfort Lake-Forest Lake Watershed
District shall manage or plan for the management of surface water within the
watershed district boundary in Chisago and Washington Counties as it existed on
April 1, 2008, through the authorities contained in Minnesota Statutes,
sections 103B.205 to 103B.255 and chapter 103D.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 52. REPEALER.
(a) Minnesota Statutes 2006, section 272.027,
subdivision 3, is repealed.
(b) Minnesota Statutes 2006, section 273.11,
subdivision 14, is repealed.
(c) Minnesota Statutes 2006, section 273.111,
subdivision 6, is repealed.
EFFECTIVE DATE. Paragraphs (a) and (b) are effective for taxes payable in 2009
and thereafter. Paragraph (c) is
effective for taxes payable in 2010 and thereafter.
ARTICLE 7
SALES AND USE TAXES
Section 1.
Minnesota Statutes 2006, section 297A.67, subdivision 28, is amended to
read:
Subd. 28. Ambulance supplies, parts, and equipment. The following sales to or use by an
ambulance service licensed under section 144E.10 are exempt:
(1) supplies and equipment used to provide medical
care; and
(2) repair and replacement parts for ambulances
and vehicles equipped and specifically intended for emergency response.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 30, 2008.
Sec. 2. Minnesota Statutes 2007 Supplement, section 297A.70, subdivision
3, is amended to read:
Subd. 3. Sales of certain goods and services to
government. (a) The following sales
to or use by the specified governments and political subdivisions of the state
are exempt:
(1) repair and replacement parts for emergency
rescue vehicles, fire trucks, and fire apparatus to a political subdivision;
(2) machinery and equipment, except for motor
vehicles, used directly for mixed municipal solid waste management services at
a solid waste disposal facility as defined in section 115A.03, subdivision 10;
(3) chore and homemaking services to a political
subdivision of the state to be provided to elderly or disabled individuals;
(4) telephone services to the Office of Enterprise
Technology that are used to provide telecommunications services through the
enterprise technology revolving fund;
(5) firefighter personal protective equipment as
defined in paragraph (b), if purchased or authorized by and for the use of an
organized fire department, fire protection district, or fire company regularly
charged with the responsibility of providing fire protection to the state or a
political subdivision;
(6) bullet-resistant body armor that provides the
wearer with ballistic and trauma protection, if purchased by a law enforcement
agency of the state or a political subdivision of the state, or a licensed
peace officer, as defined in section 626.84, subdivision 1;
(7) motor vehicles purchased or leased by political
subdivisions of the state if the vehicles are exempt from registration under
section 168.012, subdivision 1, paragraph (b), exempt from taxation under
section 473.448, or exempt from the motor vehicle sales tax under section
297B.03, clause (12);
(8) equipment designed to process, dewater, and
recycle biosolids for wastewater treatment facilities of political
subdivisions, and materials incidental to installation of that equipment;
(9) sales to a town of gravel and of machinery,
equipment, and accessories, except motor vehicles, used exclusively for road
and bridge maintenance, and leases by a town of motor vehicles exempt from tax
under section 297B.03, clause (10); and
(10) the removal of trees, bushes, or shrubs for the
construction and maintenance of roads, trails, or firebreaks when purchased by
an agency of the state or a political subdivision of the state; and
(11) purchases by the Metropolitan Council or the
Department of Transportation of vehicles and repair parts to equip operations
provided for in section 174.90, including, but not limited to, the Northstar
Corridor Rail project.
(b) For purposes of this subdivision,
"firefighters personal protective equipment" means helmets, including
face shields, chin straps, and neck liners; bunker coats and pants, including
pant suspenders; boots; gloves; head covers or hoods; wildfire jackets;
protective coveralls; goggles; self-contained breathing apparatus; canister
filter masks; personal alert safety systems; spanner belts; optical or thermal
imaging search devices; and all safety equipment required by the Occupational
Safety and Health Administration.
(c) For purchases of items listed in paragraph (a),
clause (11), the tax must be imposed and collected as if the rate under section
297A.62, subdivision 1, applied and then refunded in the manner provided in
section 297A.75.
EFFECTIVE DATE. This section is effective retroactively for sales and
purchases made after December 31, 2006.
Sec. 3.
Minnesota Statutes 2006, section 297A.70, subdivision 8, is amended to
read:
Subd. 8. Regionwide public safety radio
communication system; products and services. Products and services including, but not limited to, end user
equipment used for construction, ownership, operation, maintenance, and
enhancement of the backbone system of the regionwide public safety radio
communication system established under sections 403.21 to 403.34
403.40, are exempt. For purposes of
this subdivision, backbone system is defined in section 403.21, subdivision
9. This subdivision is effective for
purchases, sales, storage, use, or consumption for use in the first and second
phases of the system, as defined in section 403.21, subdivisions 3, 10, and 11,
and that portion of the third phase of the system that is located in the
southeast district of the State Patrol and the counties of Benton, Sherburne,
Stearns, and Wright, and that portion of the system that is located in
Itasca County.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 30, 2008.
Sec. 4.
Minnesota Statutes 2006, section 297A.71, subdivision 23, is amended to
read:
Subd. 23. Construction materials for qualified
low-income housing projects. (a)
Purchases of materials and supplies used or consumed in and equipment
incorporated into the construction, improvement, or expansion of qualified
low-income housing projects are exempt from the tax imposed under this chapter
if the owner of the qualified low-income housing project is:
(1) the public housing agency or housing and
redevelopment authority of a political subdivision;
(2) an entity exercising the powers of a housing and
redevelopment authority within a political subdivision;
(3) a limited partnership in which the sole or
managing general partner is an authority under clause (1) or an entity
under clause (2) or (4);
(4) a nonprofit corporation subject to the
provisions of chapter 317A, and qualifying under section 501(c)(3) or 501(c)(4)
of the Internal Revenue Code of 1986, as amended; or
(5) an owner entity, as defined in Code of Federal
Regulations, title 24, part 941.604, for a qualified low-income housing project
described in paragraph (b), clause (5).
This exemption applies regardless of whether the
purchases are made by the owner of the facility or a contractor.
(b) For purposes of this exemption, "qualified
low-income housing project" means:
(1) a housing or mixed use project in which at least
20 percent of the residential units are qualifying low-income rental housing
units as defined in section 273.126;
(2) a federally assisted low-income housing project
financed by a mortgage insured or held by the United States Department of
Housing and Urban Development under United States Code, title 12, section
1701s, 1715l(d)(3), 1715l(d)(4), or 1715z-1; United States Code, title 42,
section 1437f; the Native American Housing Assistance and Self-Determination
Act, United States Code, title 25, section 4101 et seq.; or any similar
successor federal low-income housing program;
(3) a qualified low-income housing project as
defined in United States Code, title 26, section 42(g), meeting all of the
requirements for a low-income housing credit under section 42 of the Internal
Revenue Code regardless of whether the project actually applies for or receives
a low-income housing credit;
(4) a project that will be operated in compliance
with Internal Revenue Service revenue procedure 96-32; or
(5) a housing or mixed use project in which all or a
portion of the residential units are subject to the requirements of section 5
of the United States Housing Act of 1937.
(c) For a project, a portion of which is not used
for low-income housing units, the amount of purchases that are exempt under
this subdivision must be determined by multiplying the total purchases, as
specified in paragraph (a), by the ratio of:
(1) the total gross square footage of units subject
to the income limits under section 273.126, the financing for the project, the
federal low-income housing tax credit, revenue procedure 96-32, or section 5 of
the United States Housing Act of 1937, as applicable to the project; and
(2) the total gross square footage of all units in
the project.
(d) The tax must be imposed and collected as if the
rate under section 297A.62, subdivision 1, applied, and then refunded in the
manner provided in section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 30, 2009.
Sec. 5.
Minnesota Statutes 2006, section 297A.71, is amended by adding a
subdivision to read:
Subd. 40. Construction materials; Central Corridor
light rail transit. Materials
and supplies used or consumed in, and equipment incorporated into, the
construction or improvement of the Central Corridor light rail transit line and
associated facilities including, but not limited to, stations, park-and-ride
facilities, and maintenance facilities, are exempt. The tax must be imposed and collected as if the rate under
section 297A.62, subdivision 1, applied and then refunded in the manner
provided in section 297A.75. Refunds
must not be applied for or issued until after July 1, 2009.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 30, 2008.
Sec. 6.
Minnesota Statutes 2006, section 297A.75, is amended to read:
297A.75 REFUND;
APPROPRIATION.
Subdivision 1.
Tax collected. The tax on the gross receipts from the sale
of the following exempt items must be imposed and collected as if the sale were
taxable and the rate under section 297A.62, subdivision 1, applied. The exempt items include:
(1) capital equipment exempt under section 297A.68,
subdivision 5;
(2) building materials for an agricultural
processing facility exempt under section 297A.71, subdivision 13;
(3) building materials for mineral production
facilities exempt under section 297A.71, subdivision 14;
(4) building materials for correctional facilities
under section 297A.71, subdivision 3;
(5) building materials used in a residence for
disabled veterans exempt under section 297A.71, subdivision 11;
(6) elevators and building materials exempt under
section 297A.71, subdivision 12;
(7) building materials for the Long Lake
Conservation Center exempt under section 297A.71, subdivision 17;
(8) materials, supplies, fixtures, furnishings, and
equipment for a county law enforcement and family service center under section
297A.71, subdivision 26;
(9) materials and supplies for qualified low-income
housing under section 297A.71, subdivision 23;
(10) materials, supplies, and equipment for
municipal electric utility facilities under section 297A.71, subdivision 35;
(11) equipment and materials used for the
generation, transmission, and distribution of electrical energy and an aerial
camera package exempt under section 297A.68, subdivision 37; and
(12) tangible personal property and taxable services
and construction materials, supplies, and equipment exempt under section
297A.68, subdivision 41;
(13) commuter rail vehicle and repair parts under
section 297A.70, subdivision 3, clause (11); and
(14) materials, supplies, and equipment for
construction or improvement of projects and facilities under section 297A.71,
subdivision 40.
Subd. 2. Refund; eligible persons. Upon application on forms prescribed by the
commissioner, a refund equal to the tax paid on the gross receipts of the
exempt items must be paid to the applicant.
Only the following persons may apply for the refund:
(1) for subdivision 1, clauses (1) to (3), the
applicant must be the purchaser;
(2) for subdivision 1, clauses (4), (7), and (8),
the applicant must be the governmental subdivision;
(3) for subdivision 1, clause (5), the applicant
must be the recipient of the benefits provided in United States Code, title 38,
chapter 21;
(4) for subdivision 1, clause (6), the applicant
must be the owner of the homestead property;
(5) for subdivision 1, clause (9), the owner of the
qualified low-income housing project;
(6) for subdivision 1, clause (10), the applicant
must be a municipal electric utility or a joint venture of municipal electric
utilities; and
(7) for subdivision 1, clauses (11) and (12), the
owner of the qualifying business; and
(8) for subdivision 1, clauses (13) and (14), the
applicant must be the governmental entity that owns or contracts for the
project or facility.
Subd. 3. Application. (a) The application must include sufficient information to permit
the commissioner to verify the tax paid.
If the tax was paid by a contractor, subcontractor, or builder, under
subdivision 1, clause (4), (5), (6), (7), (8), (9), (10), (11), or (12),
(13), or (14), the contractor, subcontractor, or builder must furnish to
the refund applicant a statement including the cost of the exempt items and the
taxes paid on the items unless otherwise specifically provided by this
subdivision. The provisions of sections
289A.40 and 289A.50 apply to refunds under this section.
(b) An applicant may not file more than two
applications per calendar year for refunds for taxes paid on capital equipment
exempt under section 297A.68, subdivision 5.
(c) Total refunds for purchases of items in section
297A.71, subdivision 40, must not exceed $5,000,000 in fiscal years 2010 and
2011. Applications for refunds for
purchases of items in sections 297A.70, subdivision 3, paragraph (a), clause
(11), and 297A.71, subdivision 40, must not be filed until after June 30, 2009.
Subd. 4. Interest. Interest must be paid on the refund at the rate in section
270C.405 from 90 days after the refund claim is filed with the commissioner for
taxes paid under subdivision 1.
Subd. 5. Appropriation. The amount required to make the refunds is
annually appropriated to the commissioner.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 7.
Minnesota Statutes 2006, section 297A.99, subdivision 1, as amended by
Laws 2008, chapter 152, article 4, section 1, is amended to read:
Subdivision 1.
Authorization; scope. (a) A political subdivision of this state
may impose a general sales tax (1) under section 297A.992, (2) under
section 297A.993, (3) if permitted by special law enacted prior to May 20,
2008, or (4) if the political subdivision enacted and imposed the tax
before the effective date of section 477A.016 and its predecessor provision.
(b) This section governs the imposition of a general
sales tax by the political subdivision.
The provisions of this section preempt the provisions of any special
law:
(1) enacted before June 2, 1997, or
(2) enacted on or after June 2, 1997, that does not
explicitly exempt the special law provision from this section's rules by
reference.
(c) This section does not apply to or preempt a
sales tax on motor vehicles or a special excise tax on motor vehicles.
(d) Until after May 31, 2010, a political
subdivision may not advertise, promote, expend funds, or hold a referendum to
support imposing a local option sales tax unless it is for extension of an
existing tax or the tax was authorized by a special law enacted prior to May
20, 2008.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 8.
Minnesota Statutes 2006, section 297B.03, is amended to read:
297B.03 EXEMPTIONS.
There is specifically exempted from the provisions
of this chapter and from computation of the amount of tax imposed by it the
following:
(1) purchase or use, including use under a lease
purchase agreement or installment sales contract made pursuant to section
465.71, of any motor vehicle by the United States and its agencies and
instrumentalities and by any person described in and subject to the conditions
provided in section 297A.67, subdivision 11;
(2) purchase or use of any motor vehicle by any
person who was a resident of another state or country at the time of the
purchase and who subsequently becomes a resident of Minnesota, provided the
purchase occurred more than 60 days prior to the date such person began
residing in the state of Minnesota and the motor vehicle was registered in the
person's name in the other state or country;
(3) purchase or use of any motor vehicle by any
person making a valid election to be taxed under the provisions of section
297A.90;
(4) purchase or use of any motor vehicle previously
registered in the state of Minnesota when such transfer constitutes a transfer
within the meaning of section 118, 331, 332, 336, 337, 338, 351, 355, 368, 721,
731, 1031, 1033, or 1563(a) of the Internal Revenue Code of 1986, as amended
through December 31, 1999;
(5) purchase or use of any vehicle owned by a
resident of another state and leased to a Minnesota-based private or for-hire
carrier for regular use in the transportation of persons or property in
interstate commerce provided the vehicle is titled in the state of the owner or
secured party, and that state does not impose a sales tax or sales tax on motor
vehicles used in interstate commerce;
(6) purchase or use of a motor vehicle by a private
nonprofit or public educational institution for use as an instructional aid in
automotive training programs operated by the institution. "Automotive
training programs" includes motor vehicle body and mechanical repair
courses but does not include driver education programs;
(7) purchase of a motor vehicle for use as an
ambulance by an ambulance service licensed under section 144E.10;
(8) purchase of a motor vehicle by or for a public
library, as defined in section 134.001, subdivision 2, as a bookmobile or
library delivery vehicle;
(9) purchase of a ready-mixed concrete truck;
(10) purchase or use of a motor vehicle by a town
for use exclusively for road maintenance, including snowplows and dump trucks,
but not including automobiles, vans, or pickup trucks;
(11) purchase or use of a motor vehicle by a
corporation, society, association, foundation, or institution organized and
operated exclusively for charitable, religious, or educational purposes, except
a public school, university, or library, but only if the vehicle is:
(i) a truck, as defined in section 168.011, a bus,
as defined in section 168.011, or a passenger automobile, as defined in section
168.011, if the automobile is designed and used for carrying more than nine
persons including the driver; and
(ii) intended to be used primarily to transport
tangible personal property or individuals, other than employees, to whom the
organization provides service in performing its charitable, religious, or
educational purpose;
(12) purchase of a motor vehicle for use by a transit
provider exclusively to provide transit service is exempt if the transit
provider is either (i) receiving financial assistance or reimbursement under
section 174.24 or 473.384, or (ii) operating under section 174.29, 473.388, or
473.405;
(13) purchase or use of a motor vehicle by a
qualified business, as defined in section 469.310, located in a job opportunity
building zone, if the motor vehicle is principally garaged in the job
opportunity building zone and is primarily used as part of or in direct support
of the person's operations carried on in the job opportunity building
zone. The exemption under this clause
applies to sales, if the purchase was made and delivery received during the
duration of the job opportunity building zone.
The exemption under this clause also applies to any local sales and use
tax.; and
(14) purchase of a leased vehicle by the lessee who
was a participant in a lease-to-own program from a charitable organization that
is:
(i) described in section 501(c)(3) of the Internal Revenue
Code; and
(ii) licensed as a motor vehicle lessor under
section 168.27, subdivision 4.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 30, 2008.
Sec. 9. Laws
1991, chapter 291, article 8, section 27, subdivision 3, as amended by Laws
1998, chapter 389, article 8, section 28, is amended to read:
Subd. 3. Use of revenues. Revenues received from taxes authorized by
subdivisions 1 and 2 shall be used by the city to pay the cost of collecting
the tax and to pay all or a portion of the expenses of constructing and operating
improving facilities as part of an urban revitalization project in
downtown Mankato known as Riverfront 2000.
Authorized expenses include, but are not limited to, acquiring property
and paying relocation expenses related to the development of Riverfront 2000
and related facilities, and securing or paying debt service on bonds or other
obligations issued to finance the construction of Riverfront 2000 and related
facilities. For purposes of this section,
"Riverfront 2000 and related facilities" means a civic-convention
center, an arena, a riverfront park, a technology center and related
educational facilities, and all publicly owned real or personal property that
the governing body of the city determines will be necessary to facilitate the
use of these facilities, including but not limited to parking, skyways,
pedestrian bridges, lighting, and landscaping.
It also includes the performing arts theatre and the Southern
Minnesota Women's Hockey Exposition Center, attached to the Mankato Civic
Center for use by Minnesota State University, Mankato.
EFFECTIVE DATE. This section is effective the day after the governing body of
the city of Mankato and its chief clerical officer comply with Minnesota Statutes,
section 645.021, subdivisions 2 and 3, and after compliance with section 15.
Sec. 10.
Laws 1991, chapter 291, article 8, section 27, subdivision 4, as amended
by Laws 2005, First Special Session chapter 3, article 5, section 25, is
amended to read:
Subd. 4. Expiration of taxing authority and
expenditure limitation. The
authority granted by subdivisions 1 and 2 to the city to impose a sales tax and
an excise tax shall expire on December 31, 2015, unless sufficient revenues
are not available to defease any bonds or obligations issued to finance
construction of Riverfront 2000 and related facilities. If sufficient funds are not available to
defease the bonds, the tax expires December 31, 2018, but all revenues
from taxes imposed after December 31, 2015, must be used to defease the
bonds. The city may, by ordinance,
terminate the tax at an earlier date 2022.
EFFECTIVE DATE. This section is effective the day after the governing body of
the city of Mankato and its chief clerical officer comply with Minnesota
Statutes, section 645.021, subdivisions 2 and 3, and after compliance with
section 16.
Sec. 11.
Laws 1998, chapter 389, article 8, section 45, subdivision 3, is amended
to read:
Subd. 3. Use of revenues. Revenues received from the taxes authorized
under subdivision 1 must be used for sanitary sewer separation, wastewater
treatment, water system improvements, and harbor refuge development
projects.
EFFECTIVE DATE. This section is effective the day following final enactment,
upon compliance by the city of Two Harbors with Minnesota Statutes, section
645.021, subdivision 3.
Sec. 12.
Laws 1999, chapter 243, article 4, section 18, subdivision 1, is amended
to read:
Subdivision 1.
Sales and use tax. Notwithstanding Minnesota Statutes, section 297A.48,
subdivision 1a, 477A.016, or any other provision of law, ordinance, or city
charter, if approved by the city voters at the first municipal general election
held after the date of final enactment of this act or at a special election
held November 2, 1999, the city of Proctor may impose by ordinance a sales and
use tax of up to one-half of one percent for the purposes specified in
subdivision 3. The provisions of
Minnesota Statutes, section 297A.48 297A.99, govern the
imposition, administration, collection, and enforcement of the tax authorized
under this subdivision.
Sec. 13.
Laws 1999, chapter 243, article 4, section 18, subdivision 3, is amended
to read:
Subd. 3. Use of revenues. (a) Revenues received from taxes
authorized by subdivisions 1 and 2 must be used by the city to pay the cost of
collecting the taxes and to pay for construction and improvement of the
following city facilities:
(1) streets; and
(2) constructing and equipping the Proctor community
activity center.
Authorized expenses include, but are not limited to,
acquiring property, paying construction and operating expenses related to the
development of an authorized facility, and paying debt service on bonds or
other obligations, including lease obligations, issued to finance the
construction, expansion, or improvement of an authorized facility. The capital expenses for all projects
authorized under this paragraph that may be paid with these taxes is limited to
$3,600,000, plus an amount equal to the costs related to issuance of the bonds.
(b) Additional revenues received from taxes
authorized by subdivision 1, may be used by the city to pay for the following
capital improvement projects: public
utilities, including water, sanitary sewer, storm sewer, and electric;
sidewalks; bikeways and trails; and parks and recreation.
EFFECTIVE DATE. This section is effective the day following final enactment,
upon compliance by the city of Proctor with Minnesota Statutes, section
645.021, subdivision 3.
Sec. 14.
Laws 1999, chapter 243, article 4, section 18, subdivision 4, is amended
to read:
Subd. 4. Bonding authority. (a) The city may issue bonds under Minnesota
Statutes, chapter 475, to finance the capital expenditure and improvement
projects described in subdivision 3. An
election to approve the bonds under Minnesota Statutes, section 475.58, is not
required.
(b) The issuance of bonds under this subdivision is
not subject to Minnesota Statutes, sections 275.60 and 279.61 275.61.
(c) The bonds are not included in computing any debt
limitation applicable to the city, and the levy of taxes under Minnesota
Statutes, section 475.61, to pay principal of and interest on the bonds is not
subject to any levy limitation.
(d) For projects described in subdivision 3,
paragraph (a), the aggregate principal amount of bonds, plus the aggregate
of the taxes used directly to pay eligible capital expenditures and
improvements, may not exceed $3,600,000, plus an amount equal to the costs
related to issuance of the bonds, including interest on the bonds. For projects described in subdivision 3,
paragraph (b), the aggregate principal amount of bonds may not exceed
$7,200,000, plus an amount equal to the costs related to issuance of the bonds,
including interest on the bonds.
(e) The sales and use and excise taxes authorized in
this section may be pledged to and used for the payment of the bonds and any
bonds issued to refund them only if the bonds and any refunding bonds are
general obligations of the city.
EFFECTIVE DATE. This section is effective the day following final enactment,
upon compliance by the city of Proctor with Minnesota Statutes, section
645.021, subdivision 3.
Sec. 15. CITY OF MANKATO; REVERSE REFERENDUM
REQUIRED.
If the Mankato city council intends to extend the
local sales tax and modify the use of revenues from the tax, authorized under
sections 9 and 10, it shall pass a resolution stating the intent. The resolution must be published for two
successive weeks in the official newspaper of the city or, if there is no
official newspaper, in a newspaper of general circulation in the city, together
with a notice fixing a date for a public hearing on the matter. The hearing must be held at least two weeks
but not more than four weeks after the first publication of the
resolution. Following the public
hearing, the city may determine to take no further action or adopt a resolution
confirming its intention to exercise the authority. That resolution must also be published in the official newspaper
of the city or, if there is no official newspaper, in a newspaper of general
circulation in the city. If within 30
days after publication of the resolution a petition signed by voters equal in
number to ten percent of the votes cast in the city in the last general
election requesting a vote on the proposed resolution is filed with the county
auditor, the resolution is not effective until it has been submitted to the
voters at a general or special election and a majority of votes cast on the
question of approving the resolution are in the affirmative. The commissioner of revenue shall prepare a
suggested form of question to be presented at the election. This section applies notwithstanding any
city charter provision to the contrary.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 16. CITY OF MANKATO, LOCAL TAXES AUTHORIZED.
Subdivision 1. Food and beverage tax authorized. Notwithstanding Minnesota Statutes,
section 477A.016, or any ordinance, city charter, or other provision of law,
the city of Mankato may, by ordinance, impose a sales tax of up to one percent
on the gross receipts on all sales of food and beverages by a restaurant or
place of refreshment, as defined by resolution of the city, that are located
within the city. For purposes of this
section, "food and beverages" include retail on-sale of intoxicating
liquor and fermented malt beverages.
Subd. 2. Entertainment tax. Notwithstanding Minnesota Statutes,
section 477A.016, or any ordinance, city charter, or other provision of law,
the city of Mankato may, by ordinance, impose a tax of up to one percent on the
gross receipts on admissions to an entertainment event located within the
city. For purposes of this section
"entertainment event" means any event for which persons pay money in
order to be admitted to the premises and to be entertained including, but not
limited to, theaters, concerts, and sporting events.
Subd. 3. Use of proceeds from authorized taxes. The proceeds of any tax imposed under
subdivisions 1 and 2 shall be used by the city to pay all or a portion of the
expenses of operation and maintenance of the Riverfront 2000 and related
facilities, including a performing arts theatre and the Southern Minnesota
Women's Hockey Exposition Center, attached to the Mankato Civic Center for use
by Minnesota State University, Mankato.
Authorized expenses include securing or paying debt service on bonds or
other obligations issued to finance the construction of the facilities.
Subd. 4. Collection, administration, and
enforcement. If the city
desires, it may enter into an agreement with the commissioner of revenue to
administer, collect, and enforce the taxes authorized under subdivisions 1 and
2. If the commissioner agrees to
collect the tax, the provisions of Minnesota Statutes, section 297A.99, related
to collection, administration, and enforcement apply.
EFFECTIVE DATE. This section is effective the day after the governing body of
the city of Mankato and its chief clerical officer comply with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
Sec. 17. COOK COUNTY; LODGING AND ADMISSIONS
TAXES.
Subdivision 1. Lodging tax. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter,
the Board of Commissioners of Cook County may impose, by ordinance, a tax of up
to one percent on the gross receipts subject to the lodging tax under Minnesota
Statutes, section 469.190. This tax is
in addition to any tax imposed under Minnesota Statutes, section 469.190, and
the total tax imposed under that section and this provision must not exceed
four percent.
Subd. 2. Admissions and recreation tax. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter,
the Board of Commissioners of Cook County may impose, by ordinance, a tax of up
to three percent on admissions to entertainment and recreational facilities and
rental of recreation equipment.
Subd. 3. Use of taxes. The taxes imposed in subdivisions 1 and 2
must be used to fund a new Cook County Event and Visitors Bureau as established
by the Board of Commissioners of Cook County.
The Board of Commissioners of Cook County must annually review the
budget of the Cook County Event and Visitors Bureau. The event and visitors bureau may not receive revenues raised
from the taxes imposed in subdivisions 1 and 2 until the board of commissioners
approves the annual budget.
Subd. 4. Termination. The taxes imposed in subdivisions 1 and 2
terminate 15 years after they are first imposed.
EFFECTIVE DATE. This section is effective for sales and purchases after June
30, 2008.
Sec. 18. COOK COUNTY; TAXES AUTHORIZED.
Subdivision 1. Sales and use tax. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter, if
approved by the voters at a general or special election held before December
31, 2009, Cook County may impose by ordinance a sales and use tax of up to one
percent for the purposes specified in subdivision 2. Except as otherwise provided in this section, the provisions of
Minnesota Statutes, section 297A.99, govern the imposition of the tax
authorized under this subdivision.
Subd. 2. Use of revenues. Revenues received from the tax authorized
by subdivision 1 must be used by Cook County to pay the costs of collecting the
tax and to pay for the following projects:
(1) construction and improvements to a county
community center and recreation area, including, but not limited to,
improvements and additions to the skateboard park, hockey rink, ball fields,
community center addition, county parking area, tennis courts, and all
associated improvements; and
(2) construction and improvements to the Grand
Marais Public Library.
Authorized expenses include,
but are not limited to, paying construction expenses related to these
improvements, and paying debt service on bonds or other obligations issued to
finance acquisition and construction of these improvements. The total amount of revenues from the taxes
in subdivision 1 that may be used to fund these projects is $14,000,000 plus
any associated bond costs.
Subd. 3. Bonding authority. Cook County may issue bonds under
Minnesota Statutes, chapter 475, to pay capital and administrative expenses for
the projects authorized in subdivision 2, in an amount that does not exceed
$14,000,000. An election to approve the
bonds under Minnesota Statutes, section 475.58, is not required. The issuance of bonds under this subdivision
is not subject to Minnesota Statutes, sections 275.60 and 275.61. The debt represented by the bonds is not
included in computing any debt limitation applicable to the county, and any
levy of taxes under Minnesota Statutes, section 475.61, to pay principal and
interest on the bonds is not subject to any levy limitation.
Subd. 4. Termination of tax. The tax imposed under subdivision 1
expires at the later of (1) 20 years or (2) when the county board
determines that the amount of revenues received is sufficient to pay for the
principal and interest on any bonds or obligation issued to finance the
projects in subdivision 2. Any funds
remaining after completion of the projects and retirement or redemption of the
bonds may be placed in the general fund of the county. The tax imposed under subdivision 1 may
expire at an earlier time if the county board so determines by ordinance.
EFFECTIVE DATE. This section is effective the day after the governing body of
Cook County and its chief clerical officer timely comply with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
Sec. 19. CITY OF CLEARWATER; TAXES AUTHORIZED.
Subdivision 1. Sales and use tax. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter,
pursuant to the approval of the voters on November 7, 2006, the city of
Clearwater may impose by ordinance a sales and use tax of up to one-half of one
percent for the purposes specified in subdivision 2. Except as otherwise provided in this section, the provisions of
Minnesota Statutes, section 297A.99, govern the imposition, administration,
collection, and enforcement of the tax authorized under this subdivision.
Subd. 2. Excise tax authorized. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter,
the city of Clearwater may impose by ordinance, for the purposes specified in
subdivision 3, an excise tax of up to $20 per motor vehicle, as defined by
ordinance, purchased or acquired from any person engaged within the city in the
business of selling motor vehicles at retail.
Subd. 3. Use of revenues. The proceeds of the tax imposed under
this section shall be used to pay for the costs of acquisition, construction,
improvement, and development of a pedestrian bridge, and land and buildings for
a community and recreation center. The
total amount of revenues from the taxes in subdivisions 1 and 2 that may be
used to fund these projects is $12,000,000 plus any associated bond costs.
Subd. 4. Bonding authority. The city of Clearwater may issue bonds in
an amount not to exceed $12,000,000 under Minnesota Statutes, chapter 475, to
finance the capital expenditures and improvements authorized by the referendum
under subdivision 1. An election to
approve the bonds under Minnesota Statutes, section 475.59, is not
required. The issuance of bonds under
this subdivision is not subject to Minnesota Statutes, section 275.60 or
275.61. The debt represented by the
bonds must not be included in computing any debt limitations applicable to the
city, and the levy of taxes required by Minnesota Statutes, section 475.61, to
pay the principal or any interest on the bonds must not be subject to any levy
limitation.
Subd. 5. Termination of tax. The tax authorized under subdivision 1
terminates at the earlier of (1) 20 years after the date of initial imposition
of the tax, or (2) when the city council determines that sufficient funds have
been raised from the tax to finance the capital and administrative costs of the
improvements described in subdivision 3, plus the additional amount needed to
pay the costs related to issuance of bonds under subdivision 4, including
interest on the bonds. Any funds
remaining after completion of the projects specified in subdivision 3 and
retirement or redemption of the bonds in subdivision 4 may be placed in the
general fund of the city. The tax
imposed under subdivision 1 may expire at an earlier time if the city so
determines by ordinance.
EFFECTIVE DATE. This section is effective the day after compliance by the
governing body of the city of Clearwater with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
Sec. 20. CITY OF NORTH MANKATO; TAXES AUTHORIZED.
Subdivision 1. Sales and use tax authorized. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter,
pursuant to the approval of the voters on November 7, 2006, the city of North
Mankato may impose by ordinance a sales and use tax of one-half of one percent
for the purposes specified in subdivision 2.
The provisions of Minnesota Statutes, section 297A.99, govern the
imposition, administration, collection, and enforcement of the taxes authorized
under this subdivision.
Subd. 2. Use of revenues. Revenues received from the tax authorized
by subdivision 1 must be used to pay all or part of the capital costs of the
following projects:
(1) the local share of the Trunk Highway 14/County
State-Aid Highway 41 interchange project;
(2) development of regional parks and hiking and
biking trails;
(3) expansion of the North Mankato Taylor Library;
(4) riverfront redevelopment; and
(5) lake improvement projects.
The total amount of revenues from the tax in
subdivision 1 that may be used to fund these projects is $6,000,000 plus any
associated bond costs.
Subd. 3. Bonds. (a) The city of North Mankato, pursuant to the approval of the
voters at the November 7, 2006 referendum authorizing the imposition of the
taxes in this section, may issue bonds under Minnesota Statutes, chapter 475,
to pay capital and administrative expenses for the projects described in
subdivision 2, in an amount that does not exceed $6,000,000. A separate election to approve the bonds
under Minnesota Statutes, section 475.58, is not required.
(b) The debt represented by the bonds is not included
in computing any debt limitation applicable to the city, and any levy of taxes
under Minnesota Statutes, section 475.61, to pay principal and interest on the
bonds is not subject to any levy limitation.
Subd. 4. Termination of taxes. The tax imposed under subdivision 1
expires when the city council determines that the amount of revenues received
from the taxes to pay for the projects under subdivision 2 first equals or
exceeds $6,000,000 plus the additional amount needed to pay the costs related
to issuance of bonds under subdivision 3, including interest on the bonds. Any funds remaining after completion of the
projects and retirement or redemption of the bonds shall be placed in a capital
facilities and equipment replacement fund of the city. The tax imposed under subdivision 1 may
expire at an earlier time if the city so determines by ordinance.
EFFECTIVE DATE. This section is effective the day after compliance by the
governing body of the city of North Mankato with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 21. CITY OF WINONA; TAXES AUTHORIZED.
Subdivision 1. Sales and use tax. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter, if
approved by the voters at a general or special election held before December
31, 2009, the city of Winona may impose by ordinance a sales and use tax of up
to one-half of one percent for the purpose specified in subdivision 2. Except as otherwise provided in this
section, the provisions of Minnesota Statutes, section 297A.99, govern the
imposition, administration, collection, and enforcement of the tax authorized
under this subdivision.
Subd. 2. Use of revenues. The proceeds of the tax imposed under
this section shall be used to pay the city-borne costs for the construction of
a street connection from the city of Winona to Minnesota marked State Highways
61 and 43. The construction will
provide access to the city's newly built industrial park and additional access
to a hospital. The total amount of
revenues from the tax in subdivision 1 that may be used to fund this project is
$8,000,000 plus any associated bond costs.
Subd. 3. Bonding authority. The city of Winona may issue bonds in an
amount not to exceed $8,000,000 under Minnesota Statutes, chapter 475, to
finance the capital expenditures under subdivision 2. An election to approve the bonds under Minnesota Statutes,
section 475.58, is not required. The
issuance of bonds under this subdivision is not subject to Minnesota Statutes,
section 275.60 or 275.61. The debt
represented by the bonds must not be included in computing any debt limitations
applicable to the city, and the levy of taxes required by Minnesota Statutes,
section 475.61, to pay the principal or any interest on the bonds must not be
subject to any levy limitation.
Subd. 4. Termination of tax. The tax authorized under subdivision 1
terminates at the earlier of: (1) five
years after the date of initial imposition of the tax; or (2) when the city
council determines that sufficient funds have been raised from the tax to
finance the capital and administrative costs of the project described in
subdivision 2, plus the additional amount needed to pay the costs related to
issuance of bonds under subdivision 3, including interest on the bonds. Any funds remaining after completion of the
project specified in subdivision 2 and retirement or redemption of the bonds in
subdivision 3 may be placed in the general fund of the city. The tax imposed under subdivision 1 may
expire at an earlier time if the city so determines by ordinance.
EFFECTIVE DATE. This section is effective the day after compliance by the
governing body of the city of Winona with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 22. REPEALER.
Laws 2005, First Special Session chapter 3, article
5, section 24, is repealed.
EFFECTIVE DATE. This section is effective upon enactment of section 9.
ARTICLE 8
JUNE ACCELERATED TAX PAYMENTS
Section 1.
Minnesota Statutes 2006, section 289A.20, subdivision 4, as amended by
Laws 2008, chapter 154, article 6, section 1, is amended to read:
Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are
due and payable to the commissioner monthly on or before the 20th day of the
month following the month in which the taxable event occurred, or following
another reporting period as the commissioner prescribes or as allowed under
section 289A.18, subdivision 4, paragraph (f) or (g), except that use taxes due
on an annual use tax return as provided under section 289A.11, subdivision 1,
are payable by April 15 following the close of the calendar year.
(b) A vendor having a liability of $120,000 or more
during a fiscal year ending June 30 must remit the June liability for the next
year in the following manner:
(1) Two business days before June 30 of the year,
the vendor must remit 80 90 percent of the estimated June
liability to the commissioner.
(2) On or before August 20 of the year, the vendor
must pay any additional amount of tax not remitted in June.
(c) A vendor having a liability of:
(1) $20,000 or more in the fiscal year ending June
30, 2005; or
(2) $10,000 or more in the fiscal year ending June
30, 2006, and fiscal years thereafter,
must remit all liabilities
on returns due for periods beginning in the subsequent calendar year by
electronic means on or before the 20th day of the month following the month in
which the taxable event occurred, or on or before the 20th day of the month
following the month in which the sale is reported under section 289A.18,
subdivision 4, except for 80 90 percent of the estimated June
liability, which is due two business days before June 30. The remaining amount of the June liability
is due on August 20.
EFFECTIVE DATE. This section is effective beginning with June 2009 tax
liabilities.
Sec. 2.
Minnesota Statutes 2006, section 289A.60, subdivision 15, as amended by
Laws 2008, chapter 154, article 6, section 2, is amended to read:
Subd. 15. Accelerated payment of June sales tax
liability; penalty for underpayment.
For payments made after December 31, 2006, if a vendor is required by
law to submit an estimation of June sales tax liabilities and 80 90
percent payment by a certain date, the vendor shall pay a penalty equal to ten
percent of the amount of actual June liability required to be paid in June less
the amount remitted in June. The
penalty must not be imposed, however, if the amount remitted in June equals the
lesser of 80 90 percent of the preceding May's liability or 80
90 percent of the average monthly liability for the previous calendar year.
EFFECTIVE DATE. This section is effective beginning with June 2009 tax
liabilities.
Sec. 3.
Minnesota Statutes 2006, section 297F.09, subdivision 10, as amended by
Laws 2008, chapter 154, article 6, section 3, is amended to read:
Subd. 10. Accelerated tax payment; cigarette or
tobacco products distributor. A
cigarette or tobacco products distributor having a liability of $120,000 or
more during a fiscal year ending June 30, shall remit the June liability for
the next year in the following manner:
(a) Two business days before June 30 of the year,
the distributor shall remit the actual May liability and 80 90
percent of the estimated June liability to the commissioner and file the return
in the form and manner prescribed by the commissioner.
(b) On or before August 18 of the year, the
distributor shall submit a return showing the actual June liability and pay any
additional amount of tax not remitted in June.
A penalty is imposed equal to ten percent of the amount of June
liability required to be paid in June, less the amount remitted in June. However, the penalty is not imposed if the
amount remitted in June equals the lesser of:
(1) 80 90 percent of the actual June
liability; or
(2) 80 90 percent of the preceding
May's liability.
EFFECTIVE DATE. This section is effective beginning with June 2009 tax
liabilities.
Sec. 4.
Minnesota Statutes 2006, section 297G.09, subdivision 9, as amended by
Laws 2008, chapter 154, article 6, section 4, is amended to read:
Subd. 9. Accelerated tax payment; penalty. A person liable for tax under this chapter
having a liability of $120,000 or more during a fiscal year ending June 30,
shall remit the June liability for the next year in the following manner:
(a) Two business days before June 30 of the year,
the taxpayer shall remit the actual May liability and 80 90
percent of the estimated June liability to the commissioner and file the return
in the form and manner prescribed by the commissioner.
(b) On or before August 18 of the year, the taxpayer
shall submit a return showing the actual June liability and pay any additional
amount of tax not remitted in June. A
penalty is imposed equal to ten percent of the amount of June liability
required to be paid in June less the amount remitted in June. However, the penalty is not imposed if the
amount remitted in June equals the lesser of:
(1) 80 90 percent of the actual June
liability; or
(2) 80 90 percent of the preceding May
liability.
EFFECTIVE DATE. This section is effective beginning with June 2009 tax
liabilities.
ARTICLE 9
SPECIAL TAXES
Section 1.
Minnesota Statutes 2006, section 163.051, subdivision 1, is amended to
read:
Subdivision 1.
Tax authorized. (a) Except as provided in paragraph (b), the
board of commissioners of each metropolitan county is authorized to levy a
wheelage tax of $5 for the year 1972 and each subsequent year thereafter by
resolution on each motor vehicle, except motorcycles as defined in section
169.01, subdivision 4, which that is kept in such county when not in
operation and which that is subject to annual registration and
taxation under chapter 168. The board
may provide by resolution for collection of the wheelage tax by county
officials or it may request that the tax be collected by the state registrar of
motor vehicles, and the state registrar of motor vehicles shall collect such
tax on behalf of the county if requested, as provided in subdivision 2.
(b) The following vehicles are exempt from the wheelage
tax:
(1) motorcycles, as defined in section 169.01,
subdivision 4;
(2) motorized bicycles, as defined in section
169.01, subdivision 4a;
(3) electric-assisted bicycles, as defined in
section 169.01, subdivision 4b; and
(4) motorized foot scooters, as defined in section
169.01, subdivision 4c.
Sec. 2.
Minnesota Statutes 2006, section 168.012, subdivision 1, is amended to
read:
Subdivision 1.
Vehicles exempt from tax, fees,
or plate display. (a) The following
vehicles are exempt from the provisions of this chapter requiring payment of
tax and registration fees, except as provided in subdivision 1c:
(1) vehicles owned and used solely in the
transaction of official business by the federal government, the state, or any
political subdivision;
(2) vehicles owned and used exclusively by
educational institutions and used solely in the transportation of pupils to and
from those institutions;
(3) vehicles used solely in driver education
programs at nonpublic high schools;
(4) vehicles owned by nonprofit charities and used
exclusively to transport disabled persons for charitable, religious, or
educational purposes;
(5) vehicles owned by nonprofit charities and used
exclusively for disaster response and related activities;
(5) ambulances (6) vehicles owned by ambulance services
licensed under section 144E.10, the general appearance of which is
unmistakable that are equipped and specifically intended for emergency
response or providing ambulance services; and
(6) (7) vehicles owned by a commercial driving
school licensed under section 171.34, or an employee of a commercial driving
school licensed under section 171.34, and the vehicle is used exclusively for
driver education and training.
(b) Vehicles owned by the federal government,
municipal fire apparatuses including fire-suppression support vehicles, police
patrols, and ambulances, the general appearance of which is unmistakable, are
not required to register or display number plates.
(c) Unmarked vehicles used in general police work,
liquor investigations, or arson investigations, and passenger automobiles,
pickup trucks, and buses owned or operated by the Department of Corrections,
must be registered and must display appropriate license number plates,
furnished by the registrar at cost.
Original and renewal applications for these license plates authorized
for use in general police work and for use by the Department of Corrections
must be accompanied by a certification signed by the appropriate chief of
police if issued to a police vehicle, the appropriate sheriff if issued to a
sheriff's vehicle, the commissioner of corrections if issued to a Department of
Corrections vehicle, or the appropriate officer in charge if issued to a
vehicle of any other law enforcement agency.
The certification must be on a form prescribed by the commissioner and
state that the vehicle will be used exclusively for a purpose authorized by
this section.
(d) Unmarked vehicles used by the Departments of
Revenue and Labor and Industry, fraud unit, in conducting seizures or criminal
investigations must be registered and must display passenger vehicle
classification license number plates, furnished at cost by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a certification signed
by the commissioner of revenue or the commissioner of labor and industry. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used
exclusively for the purposes authorized by this section.
(e) Unmarked vehicles used by the Division of
Disease Prevention and Control of the Department of Health must be registered
and must display passenger vehicle classification license number plates. These plates must be furnished at cost by
the registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by
a certification signed by the commissioner of health. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used exclusively for the
official duties of the Division of Disease Prevention and Control.
(f) Unmarked vehicles used by staff of the Gambling
Control Board in gambling investigations and reviews must be registered and
must display passenger vehicle classification license number plates. These plates must be furnished at cost by
the registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by
a certification signed by the board chair.
The certification must be on a form prescribed by the commissioner and
state that the vehicles will be used exclusively for the official duties of the
Gambling Control Board.
(g) All other motor vehicles must be registered and
display tax-exempt number plates, furnished by the registrar at cost, except as
provided in subdivision 1c. All
vehicles required to display tax-exempt number plates must have the name of the
state department or political subdivision, nonpublic high school operating a
driver education program, or licensed commercial driving school, plainly
displayed on both sides of the vehicle; except that each state hospital and
institution for persons who are mentally ill and developmentally disabled may
have one vehicle without the required identification on the sides of the
vehicle, and county social service agencies may have vehicles used for child
and vulnerable adult protective services without the required identification on
the sides of the vehicle. This identification
must be in a color giving contrast with that of the part of the vehicle on
which it is placed and must endure throughout the term of the
registration. The identification must
not be on a removable plate or placard and must be kept clean and visible at
all times; except that a removable plate or placard may be utilized on vehicles
leased or loaned to a political subdivision or to a nonpublic high school
driver education program.
Sec. 3.
Minnesota Statutes 2006, section 168.012, is amended by adding a
subdivision to read:
Subd. 2c. Spotter trucks. Spotter trucks, as defined in section
169.01, subdivision 7a, must not be taxed as motor vehicles using the public
streets and highways, and are exempt from the provisions of this chapter.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec. 4.
Minnesota Statutes 2006, section 168.013, subdivision 1f, is amended to
read:
Subd. 1f. Bus; commuter van. (a) On all intercity buses, the tax during
each the first two years of vehicle life shall be based on the gross weight of
the vehicle and graduated according to the following schedule:
Gross Weight of
Vehicle Tax
Under 6,000 lbs. .......................................................................... $125
6,000 to 8,000 lbs.,
incl. ................................................................ 125
8,001 to 10,000 lbs.,
incl. .............................................................. 125
10,001 to 12,000
lbs., incl. ............................................................ 150
12,001 to 14,000
lbs., incl. ............................................................ 190
14,001 to 16,000
lbs., incl. ............................................................ 210
16,001 to 18,000
lbs., incl. ............................................................ 225
18,001 to 20,000
lbs., incl. ............................................................ 260
20,001 to 22,000
lbs., incl. ............................................................ 300
22,001 to 24,000
lbs., incl. ............................................................ 350
24,001 to 26,000
lbs., incl. ............................................................ 400
26,001 to 28,000
lbs., incl. ............................................................ 450
28,001 to 30,000
lbs., incl. ............................................................ 500
30,001 and over ............................................................................ 550
(b) During each of the third and fourth years
of vehicle life, the tax shall be 75 percent of the foregoing scheduled tax;
during the fifth year of vehicle life, the tax shall be 50 percent of the
foregoing scheduled tax; during the sixth year of vehicle life, the tax shall
be 37-1/2 percent of the foregoing scheduled tax; and during the seventh and
each succeeding year of vehicle life, the tax shall be 25 percent of the
foregoing scheduled tax; provided that the annual tax paid in any year of its
life for an intercity bus shall be not less than $175 for a vehicle of over 25
passenger seating capacity and not less than $125 for a vehicle of 25 passenger
and less seating capacity.
(c)
On all intracity buses operated by an auto transportation company in the
business of transporting persons for compensation as a common carrier and
operating within the limits of cities having populations in excess of
200,000 inhabitants, the tax during each year of the vehicle life of each
such bus shall be $40; on all of such intracity buses operated in cities
having a population of less than 200,000 and more than 70,000 inhabitants, the
tax during each year of vehicle life of each bus shall be $10; and on all of
such intracity buses operating in cities having a population of less than
70,000 inhabitants, the tax during each year of vehicle life of each bus shall
be $2.
(d)
On all other buses and commuter vans, as defined in section 168.126, the tax
during each of the first three years of the vehicle life shall be based on the
gross weight of the vehicle and graduated according to the following
schedule: Where the gross weight of the
vehicle is 6,000 pounds or less, $25.
Where the gross weight of the vehicle is more than 6,000 pounds, and not
more than 8,000 pounds, the tax shall be $25 plus an additional tax of $5 per
ton for the ton or major portion in excess of 6,000 pounds. Where the gross weight of the vehicle is
more than 8,000 pounds, and not more than 20,000 pounds, the tax shall be $30
plus an additional tax of $10 per ton for each ton or major portion in excess
of 8,000 pounds. Where the gross weight
of the vehicle is more than 20,000 pounds and not more than 24,000 pounds, the
tax shall be $90 plus an additional tax of $15 per ton for each ton or major
portion in excess of 20,000 pounds.
Where the gross weight of the vehicle is more than 24,000 pounds and not
more than 28,000 pounds, the tax shall be $120 plus an additional tax of $25
per ton for each ton or major portion in excess of 24,000 pounds. Where the gross weight of the vehicle is
more than 28,000 pounds, the tax shall be $170 plus an additional tax of $30
per ton for each ton or major portion in excess of 28,000 pounds.
(e)
During the fourth and succeeding years of vehicle life, the tax shall be 80
percent of the foregoing scheduled tax but in no event less than $20 per
vehicle.
Sec.
5. Minnesota Statutes 2006, section
168A.03, subdivision 1, is amended to read:
Subdivision
1. No
certificate issued. The registrar
shall not issue a certificate of title for:
(1)
a vehicle owned by the United States;
(2)
a vehicle owned by a nonresident and not required by law to be registered in
this state;
(3)
a vehicle owned by a nonresident and regularly engaged in the interstate
transportation of persons or property for which a currently effective
certificate of title has been issued in another state;
(4)
a vehicle moved solely by animal power;
(5)
an implement of husbandry;
(6)
special mobile equipment;
(7)
a self-propelled wheelchair or invalid tricycle;
(8)
a trailer (i) having a gross weight of 4,000 pounds or less unless a secured
party holds an interest in the trailer or a certificate of title was previously
issued by this state or any other state or (ii) designed primarily for
agricultural purposes except a recreational vehicle or a manufactured home,
both as defined in section 168.011, subdivisions 8 and 25;
(9)
a snowmobile.; and
(10)
a spotter truck, as defined in section 169.01, subdivision 7a.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
6. Minnesota Statutes 2006, section
169.01, is amended by adding a subdivision to read:
Subd.
7a. Spotter
truck. "Spotter
truck" means a truck-tractor with a manufacturer's certificate of origin
"not for on road use" specification, used exclusively for staging or
shuttling trailers in the course of a truck freight operation or freight
shipping operation.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
7. [169.228]
SPOTTER TRUCKS.
Notwithstanding
any other law, a spotter truck may be operated on public streets and highways
if:
(1)
the operator has the appropriate class of driver's license;
(2)
the vehicle complies with the size, weight, and load restrictions under this
chapter;
(3)
the vehicle meets all inspection requirements under section 169.781; and
(4)
the vehicle is operated within (i) a zone of two air miles from the truck
freight operation or freight shipping operation where the vehicle is housed, or
(ii) directly to and from a repair shop, service station, or fueling station
for the purpose of repair, servicing, or refueling.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
8. Minnesota Statutes 2006, section
169.781, subdivision 1, as amended by Laws 2008, chapter 287, article 1,
section 48, is amended to read:
Subdivision
1. Definitions. For purposes of sections 169.781 to
169.783:
(a)
"Commercial motor vehicle":
(1)
means a motor vehicle or combination of motor vehicles used to transport
passengers or property if the motor vehicle:
(i)
has a gross vehicle weight of more than 26,000 pounds;
(ii)
is a vehicle in a combination of more than 26,000 pounds;
(iii)
is a bus; or
(iv)
is of any size and is used in the transportation of hazardous materials that
are required to be placarded under Code of Federal Regulations, title 49, parts
100-185; and
(2)
does not include (i) a school bus or Head Start bus displaying a certificate
under section 169.451, or (ii) a bus operated by the Metropolitan Council or by
a local transit commission created in chapter 458A.; and
(3)
a spotter truck.
(b)
"Commissioner" means the commissioner of public safety.
(c)
"Owner" means a person who owns, or has control, under a lease of
more than 30 days' duration, of one or more commercial motor vehicles.
Sec.
9. Minnesota Statutes 2006, section
169.781, subdivision 2, as amended by Laws 2008, chapter 287, article 1,
section 48, is amended to read:
Subd.
2. Inspection
required. (a) It is unlawful for a
person to operate or permit the operation of:
(1)
a commercial motor vehicle registered in Minnesota or a spotter truck;
or
(2)
special mobile equipment as defined in section 168.011, subdivision 22, and
which is self-propelled, if it is mounted on a commercial motor vehicle
chassis,
in violation of the
requirements of paragraph (b).
(b)
A vehicle described in paragraph (a):
(1)
must display a valid safety inspection decal issued by an inspector certified
by the commissioner; or
(2)
must carry (i) proof that the vehicle complies with federal motor vehicle
inspection requirements for vehicles in interstate commerce, and (ii) a
certificate of compliance with federal requirements issued by the commissioner
under subdivision 9.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
10. Minnesota Statutes 2006, section
383A.80, subdivision 4, is amended to read:
Subd.
4. Expiration. The authority to impose the tax under this
section expires January 1, 2008 2013.
EFFECTIVE DATE. This section is effective the day following final enactment
and the tax may be imposed on or after that date.
Sec.
11. Minnesota Statutes 2006, section
383A.81, subdivision 1, is amended to read:
Subdivision
1. Creation. An environmental response fund is created
for the purposes specified in this section.
The taxes imposed by section 383A.80 must be deposited in the fund. The board of county commissioners shall
administer the fund either as a county board, or a housing and
redevelopment authority, or a regional rail authority.
Sec.
12. Minnesota Statutes 2006, section
383A.81, subdivision 2, is amended to read:
Subd.
2. Uses
of fund. (a) The fund
created in subdivision 1 must be used for the following purposes:
(1)
acquisition through purchase or condemnation of lands or property which are
polluted or contaminated with hazardous substances;
(2)
paying the costs associated with indemnifying or holding harmless the entity
taking title to lands or property from any liability arising out of the
ownership, remediation, or use of the land or property;
(3)
paying for the costs of remediating the acquired land or property; or
(4)
paying the costs associated with remediating lands or property which are
polluted or contaminated with hazardous substances; or
(5)
paying for the costs associated with improving the property for economic
development, recreational, housing, transportation or rail traffic.
(b)
No more than three percent of the fund may be used each year for the costs of
administration.
Sec.
13. Minnesota Statutes 2006, section
383B.80, subdivision 4, is amended to read:
Subd.
4. Expiration. The authority to impose the tax under this
section expires January 1, 2008 2013.
EFFECTIVE DATE. This section is effective the day following final enactment
and the tax may be imposed on or after that date.
Sec.
14. Minnesota Statutes 2006, section
383B.81, subdivision 2, is amended to read:
Subd.
2. Uses
of fund. (a) The fund
created in subdivision 1 must be used for the following purposes:
(1)
acquisition through purchase or condemnation of lands or property which are
polluted or contaminated with hazardous substances;
(2)
paying the costs associated with indemnifying or holding harmless the entity
taking title to lands or property from any liability arising out of the ownership,
remediation, or use of the land or property;
(3)
paying for the costs of remediating the acquired land or property;
(4)
paying the costs associated with remediating lands or property which are
polluted or contaminated with hazardous substances; or
(5)
paying for the costs associated with improving the property for economic
development, recreational, housing, transportation or rail traffic.
(b)
No more than three percent of the fund may be used each year for the costs of
administration.
ARTICLE
10
MINERALS
Section
1. Minnesota Statutes 2006, section
298.01, is amended by adding a subdivision to read:
Subd.
9. Other
iron bearing material. "Other
iron bearing material" means the material described in section 298.405.
Sec.
2. Minnesota Statutes 2006, section
298.22, subdivision 2, is amended to read:
Subd.
2. Iron
Range Resources and Rehabilitation Board.
There is hereby created the Iron Range Resources and Rehabilitation
Board, consisting of 13 members, five of whom are state senators appointed by
the Subcommittee on Committees of the Rules Committee of the senate, and five
of whom are representatives, appointed by the speaker of the house of
representatives. The remaining members
shall be appointed one each by the senate majority leader, the speaker of the
house of representatives, and the governor and must be nonlegislators who
reside in a taconite assistance area as defined in section 273.1341. The members shall be appointed in January of
every odd-numbered year, except that the initial nonlegislator members shall be
appointed by July 1, 1999, and shall serve until January of the next
odd-numbered year. Vacancies on the
board shall be filled in the same manner as the original members were chosen. At least a majority of the legislative members
of the board shall be elected from state senatorial or legislative districts in
which over 50 percent of the residents reside within a taconite assistance area
as defined in section 273.1341. All
expenditures and projects made by the commissioner of Iron Range resources and
rehabilitation shall be consistent with the priorities established in
subdivision 8 and shall first be submitted to the Iron Range Resources and
Rehabilitation Board for approval by a majority of the board of expenditures
and projects for rehabilitation purposes as provided by this section, and the
method, manner, and time of payment of all funds proposed to be disbursed shall
be first approved or disapproved by the board.
The board shall biennially make its report to the governor and the
legislature on or before November 15 of each even-numbered year. The expenses of the board shall be paid by
the state from the funds raised pursuant to this section. Members of the board who are legislators
may be reimbursed for expenses in the manner provided in sections 3.099,
subdivision 1, and 3.101, and may receive per diem payments during the interims
between legislative sessions in the manner provided in section 3.099,
subdivision 1. Members of the board who
are not legislators may receive per diem payments and be reimbursed for
expenses at the lowest rate provided for legislative members.
Sec.
3. Minnesota Statutes 2006, section
298.22, subdivision 5a, as added by Laws 2008, chapter 154, article 8, section
3, is amended to read:
Subd.
5a. Forest trust. The
commissioner, upon the affirmative vote of a majority of the members of the
board, may purchase forest lands in the taconite assistance area defined in
under section 273.1341 with funds specifically authorized for the
purchase. The acquired forest lands
must be held in trust for the benefit of the citizens of the taconite
assistance area as the Iron Range Miners' Memorial Forest. The forest trust lands shall be managed and
developed for recreation and economic development purposes. The commissioner, upon the affirmative
vote of a majority of the members of the board, may sell forest lands purchased
under this subdivision if the board finds that the sale advances the purposes
of the trust. Proceeds derived from
the management or sale of the lands and from the sale of timber or
removal of gravel or other minerals from these forest lands shall be deposited
into an Iron Range Miners' Memorial Forest account that is established within
the state financial accounts. Funds may
be expended from the account upon approval of a majority of the members of the
board to purchase, manage, administer, convey interests in, and improve the
forest lands. By majority vote of the
members of the board, money in the Iron Range Miners' Memorial Forest account
may be transferred into the corpus of the Douglas J. Johnson economic
protection trust fund established under sections 298.291 to 298.294. The property acquired under the authority
granted by this subdivision and income derived from the property or the
operation or management of the property are exempt from taxation by the state
or its political subdivisions while held by the forest trust.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
4. Minnesota Statutes 2006, section
298.22, is amended by adding a subdivision to read:
Subd.
12. Data
classification. Data
collected by the commissioner on any application to determine the eligibility
of an applicant for any loan or equity investment made from funds that are available
to the commissioner under this section or otherwise by law, and to assess or
monitor the applicant's or recipient's default risk or to collect payments owed
are: (1) private data on individuals as
defined in section 13.02, subdivision 12; and (2) nonpublic data as defined in
section 13.02, subdivision 9. The names
of the recipients of the financial assistance and the amounts of financial
assistance are public data.
Sec.
5. Minnesota Statutes 2007 Supplement,
section 298.227, is amended to read:
298.227 TACONITE ECONOMIC
DEVELOPMENT FUND.
(a)
An amount
equal to that distributed pursuant to each taconite producer's taxable
production and qualifying sales under section 298.28, subdivision 9a, shall be
held by the Iron Range Resources and Rehabilitation Board in a separate
taconite economic development fund for each taconite and direct reduced ore
producer. Money from the fund for each
producer shall be released by the commissioner after review by a joint committee
consisting of an equal number of representatives of the salaried employees and
the nonsalaried production and maintenance employees of that producer. The District 11 director of the United
States Steelworkers of America, on advice of each local employee president,
shall select the employee members. In
nonorganized operations, the employee committee shall be elected by the
nonsalaried production and maintenance employees. The review must be completed no later than six months after the
producer presents a proposal for expenditure of the funds to the
committee. The funds held pursuant to
this section may be released only for workforce development and associated
public facility improvement, or for acquisition of plant and stationary
mining equipment and facilities for the producer or for research and
development in Minnesota on new mining, or taconite, iron, or steel production
technology, but only if the producer provides a matching expenditure to be used
for the same purpose of at least 50 percent of the distribution based on 14.7
cents per ton beginning with distributions in 2002. Effective for proposals for expenditures of money from the fund
beginning May 26, 2007, the commissioner may not release the funds before the
next scheduled meeting of the board. If
the board rejects a proposed expenditure, the funds must be deposited in the
Taconite Environmental Protection Fund under sections 298.222 to 298.225. If a producer uses money which has been
released from the fund prior to May 26, 2007 to procure haulage trucks, mobile
equipment, or mining shovels, and the producer removes the piece of equipment
from the taconite tax relief area defined in section 273.134 within ten years
from the date of receipt of the money from the fund, a portion of the money
granted from the fund must be repaid to the taconite economic development
fund. The portion of the money to be
repaid is 100 percent of the grant if the equipment is removed from the
taconite tax relief area within 12 months after receipt of the money from the
fund, declining by ten percent for each of the subsequent nine years during
which the equipment remains within the taconite tax relief area. If a taconite production facility is sold
after operations at the facility had ceased, any money remaining in the fund
for the former producer may be released to the purchaser of the facility on the
terms otherwise applicable to the former producer under this section. If a producer fails to provide matching
funds for a proposed expenditure within six months after the commissioner
approves release of the funds, the funds are available for release to another
producer in proportion to the distribution provided and under the conditions of
this section. Any portion of the fund
which is not released by the commissioner within two years one year
of its deposit in the fund shall be divided between the taconite environmental
protection fund created in section 298.223 and the Douglas J. Johnson economic
protection trust fund created in section 298.292 for placement in their
respective special accounts. Two-thirds
of the unreleased funds shall be distributed to the taconite environmental
protection fund and one-third to the Douglas J. Johnson economic protection
trust fund.
(b)
Notwithstanding the requirements of paragraph (a), setting the amount of distributions
and the review process, an amount equal to ten cents per taxable ton of
production in 2007, for distribution in 2008 only, that would otherwise be
distributed under paragraph (a), may be used for a loan for the cost of
construction of a biomass energy facility.
This amount must be deducted from the distribution under paragraph (a)
for which a matching expenditure
by
the producer is not required. The
granting of the loan is subject to approval by the Iron Range Resources and
Rehabilitation Board; interest must be payable on the loan at the rate
prescribed in section 298.2213, subdivision 3.
Repayments of the loan and interest must be deposited in the northeast
Minnesota economic development fund established in section 298.2213. If a loan is not made under this paragraph
by July 1, 2009, the amount that had been made available for the loan under
this paragraph must be transferred to the northeast Minnesota economic
development fund. Money distributed in
2008 to the fund established under this section that exceeds ten cents per ton
is available to qualifying producers under paragraph (a) on a pro rata basis.
If
2008 H. F. No. 1812 is enacted and includes a provision that amends this
section in a manner that is different from
the amendment in this section, the amendment in this section supersedes the
amendment in 2008 H. F. No. 1812, notwithstanding section 645.26.
EFFECTIVE DATE. The section is effective the day following final enactment.
Sec.
6. Minnesota Statutes 2006, section
298.24, subdivision 1, as amended by Laws 2008, chapter 154, article 8, section
5, is amended to read:
Subdivision
1. Imposed;
calculation. (a) For concentrate
produced in 2001, 2002, and 2003, there is imposed upon taconite and iron
sulphides, and upon the mining and quarrying thereof, and upon the production
of iron ore concentrate therefrom, and upon the concentrate so produced, a tax
of $2.103 per gross ton of merchantable iron ore concentrate produced
therefrom. For concentrates produced in
2005, the tax rate is the same rate imposed for concentrates produced in
2004. For concentrates produced in
2009 and subsequent years, the tax is also imposed upon other iron bearing
material.
(b)
For concentrates produced in 2006 and subsequent years, the tax rate shall be
equal to the preceding year's tax rate plus an amount equal to the preceding
year's tax rate multiplied by the percentage increase in the implicit price
deflator from the fourth quarter of the second preceding year to the fourth
quarter of the preceding year. "Implicit price deflator" means the
implicit price deflator for the gross domestic product prepared by the Bureau
of Economic Analysis of the United States Department of Commerce.
(c)
On concentrates produced in 1997 and thereafter, An additional tax is
imposed equal to three cents per gross ton of merchantable iron ore concentrate
for each one percent that the iron content of the product exceeds 72 percent,
when dried at 212 degrees Fahrenheit.
(d)
The tax on taconite and iron sulphides shall be imposed on the average
of the production for the current year and the previous two years. The rate of the tax imposed will be the
current year's tax rate. This clause
shall not apply in the case of the closing of a taconite facility if the
property taxes on the facility would be higher if this clause and section
298.25 were not applicable. The tax
on other iron bearing material shall be imposed on the current year production.
(e)
If the tax or any part of the tax imposed by this subdivision is held to be
unconstitutional, a tax of $2.103 per gross ton of merchantable iron ore
concentrate produced shall be imposed.
(f)
Consistent with the intent of this subdivision to impose a tax based upon the
weight of merchantable iron ore concentrate, the commissioner of revenue may
indirectly determine the weight of merchantable iron ore concentrate included
in fluxed pellets by subtracting the weight of the limestone, dolomite, or
olivine derivatives or other basic flux additives included in the pellets from
the weight of the pellets. For purposes
of this paragraph, "fluxed pellets" are pellets produced in a process
in which limestone, dolomite, olivine, or other basic flux additives are
combined with merchantable iron ore concentrate. No subtraction from the weight of the pellets shall be allowed
for binders, mineral and chemical additives other than basic flux additives, or
moisture.
(g)(1)
Notwithstanding any other provision of this subdivision, for the first two
years of a plant's commercial production of direct reduced ore from ore
mined in this state, no tax is imposed under this section. As used in this paragraph, "commercial
production" is production of more than 50,000 tons of direct reduced ore
in the current year or in any prior year, "noncommercial production"
is production of 50,000 tons or less of direct reduced ore in any year, and
"direct reduced ore" is ore that results in a product that has an
iron content of at least 75 percent.
For the third year of a plant's commercial production of direct reduced
ore, the rate to be applied to direct reduced ore is 25 percent of the rate
otherwise determined under this subdivision.
For the fourth commercial production year, the rate is 50 percent of the
rate otherwise determined under this subdivision; for the fifth commercial
production year, the rate is 75 percent of the rate otherwise determined under
this subdivision; and for all subsequent commercial production years, the full
rate is imposed.
(2)
Subject to clause (1), production of direct reduced ore in this state is
subject to the tax imposed by this section, but if that production is not
produced by a producer of taconite or, iron sulfides, or other
iron bearing material, the production of taconite or, iron
sulfides, or other iron bearing material, that is consumed in the
production of direct reduced iron in this state is not subject to the tax
imposed by this section on taconite or, iron sulfides, or
other iron bearing material.
(3)
Notwithstanding any other provision of this subdivision, no tax is imposed on
direct reduced ore under this section during the facility's noncommercial
production of direct reduced ore. The
taconite or iron sulphides consumed in the noncommercial production of direct
reduced ore is subject to the tax imposed by this section on taconite and iron
sulphides. Three-year average
production of direct reduced ore does not include production of direct reduced
ore in any noncommercial year.
Three-year average production for a direct reduced ore facility that has
noncommercial production is the average of the commercial production of direct
reduced ore for the current year and the previous two commercial years.
(4)
This paragraph applies only to plants for which all environmental permits have
been obtained and construction has begun before July 1, 2008.
EFFECTIVE DATE. This section is effective for production in 2009 and
thereafter, except that the amendment to paragraph (g) is effective the day
following final enactment.
Sec.
7. Minnesota Statutes 2006, section
298.25, as amended by Laws 2008, chapter 154, article 8, section 6, is amended
to read:
298.25 TAXES ADDITIONAL TO
OCCUPATION TAX; IN LIEU OF OTHER TAXES.
The
taxes imposed under section 298.24 shall be in addition to the occupation tax
imposed upon the business of mining and producing iron ore. Except as herein otherwise provided, such
taxes shall be in lieu of all other taxes upon such taconite, iron
sulphides, and direct reduced ore, and other iron bearing material
or the lands in which they are contained, or upon the mining or quarrying
thereof, or the production of concentrate or direct reduced ore therefrom, or
upon the concentrate or direct reduced ore produced, or upon the machinery,
equipment, tools, supplies and buildings used in such mining, quarrying or
production, or upon the lands occupied by, or used in connection with, such
mining, quarrying or production facilities.
If electric or steam power for the mining, transportation or
concentration of such taconite, concentrates or, direct
reduced ore, or other iron bearing material produced therefrom is
generated in plants principally devoted to the generation of power for such
purposes, the plants in which such power is generated and all machinery,
equipment, tools, supplies, transmission and distribution lines used in the
generation and distribution of such power, shall not be considered to be
machinery, equipment, tools, supplies and buildings used in the mining,
quarrying, or production of taconite, taconite concentrates or direct reduced
ore within the meaning of this section, and shall be subject to general
property taxation. Nothing herein
shall prevent in this section prevents the assessment and taxation under
the general property tax law of:
(1) the surface of reserve land
containing taconite or other iron bearing material and not occupied by
such facilities or used in connection therewith with them at the
value thereof of the land without regard to the taconite or,
iron sulphides therein, nor the assessment and taxation of, or other
iron bearing materials in the land;
(2) merchantable iron ore or
other minerals, or iron-bearing materials other than taconite or iron sulphides
in such the lands in the manner provided by law, nor the
assessment and taxation of;
(3) facilities used in
producing sulphur or sulphur products from iron sulphide concentrates, or in
refining such sulphur products, under the general property tax
laws. Nothing herein shall except from
general taxation or from taxation as provided by other laws; or
(4) any property used for
residential or townsite purposes, including utility services thereto
to that property.
This
section does not provide an exemption from general property taxation for ore
docks even if located at the site of a taconite production facility.
EFFECTIVE DATE. This section is effective for production in 2009 and
thereafter.
Sec.
8. Minnesota Statutes 2006, section
298.28, subdivision 3, is amended to read:
Subd.
3. Cities;
towns. (a) 12.5 cents per taxable
ton, less any amount distributed under subdivision 8, and paragraph (b), must
be allocated to the taconite municipal aid account to be distributed as
provided in section 298.282.
(b)
An amount must be allocated to towns or cities that is annually certified by
the county auditor of a county containing a taconite tax relief area as defined
in section 273.134, paragraph (b), within which there is (1) an organized
township if, as of January 2, 1982, more than 75 percent of the assessed
valuation of the township consists of iron ore or (2) a city if, as of January
2, 1980, more than 75 percent of the assessed valuation of the city consists of
iron ore.
(c)
The amount allocated under paragraph (b) will be the portion of a township's or
city's certified levy equal to the proportion of (1) the difference between 50
percent of January 2, 1982, assessed value in the case of a township and 50
percent of the January 2, 1980, assessed value in the case of a city and its
current assessed value to (2) the sum of its current assessed value plus the
difference determined in (1), provided that the amount distributed shall not
exceed $55 per capita in the case of a township or $75 per capita in the case
of a city. For purposes of this
limitation, population will be determined according to the 1980 decennial
census conducted by the United States Bureau of the Census. If the current assessed value of the
township exceeds 50 percent of the township's January 2, 1982, assessed value,
or if the current assessed value of the city exceeds 50 percent of the city's
January 2, 1980, assessed value, this paragraph shall not apply. For purposes of this paragraph,
"assessed value," when used in reference to years other than 1980 or
1982, means the appropriate net tax capacities multiplied by 10.2.
(d)
In addition to other distributions under this subdivision, three cents per
taxable ton for distributions in 2009 must be allocated for distribution to
towns that are entirely located within the taconite tax relief area defined in
section 273.134, paragraph (b). For
distribution in 2010 and subsequent years, the three-cent amount must be
annually increased in the same proportion as the increase in the implicit price
deflator as provided in section 298.24, subdivision 1. The amount available under this paragraph
will be distributed to eligible towns on a per capita basis, provided that no
town may receive more than $50,000 in any year under this paragraph. Any amount of the distribution that exceeds
the $50,000 limitation for a town under this paragraph must be redistributed on
a per capita basis among the other eligible towns, to whose distributions do
not exceed $50,000.
EFFECTIVE DATE. This section is effective for distributions in 2009 and
thereafter.
Sec.
9. Minnesota Statutes 2006, section
298.28, subdivision 9d, as added by Laws 2008, chapter 154, article 8, section
9, is amended to read:
Subd.
9d. Iron Range higher education account. Two Five cents per taxable ton must be allocated to
the Iron Range Resources and Rehabilitation Board to be deposited in an Iron
Range higher education account that is hereby created, to be used for higher
education programs conducted at educational institutions in the taconite
assistance area defined in section 273.1341.
The Iron Range Higher Education committee under section 298.2214 and the
Iron Range Resources and Rehabilitation Board must approve all expenditures
from the account.
EFFECTIVE DATE. This section is effective for production in 2007,
distributions in 2008, and thereafter.
Sec.
10. Minnesota Statutes 2006, section
298.28, subdivision 12, is amended to read:
Subd.
12. Estimates. On or before
October 10 of each calendar year each producer of taconite or,
iron sulphides, and other iron-bearing material subject to taxation
under section 298.24 (, hereinafter called referred to
as "taxpayer"), shall file with the commissioner of
revenue an estimate of the amount of tax which that would be
payable by such the taxpayer under said the law for
such the calendar year; provided such that the
estimate shall be in an amount not less than the amount due on the mining and
production of concentrates up to September 30 of said the year
plus the amount becoming due because of probable production between September
30 and December 31 of said the year, less any credit allowable as
provided in subdivision 13. The
commissioner of revenue shall annually on or before October 10 report an
estimated distribution amount to each taxing district and the officers with
whom such report is so filed shall use the amount so indicated as being
distributable to each taxing district in computing the permissible tax levy of such
the county or city in the year in which such the estimate is
made, and payable in the next ensuing calendar year, except that one
cent per taxable ton of the amount distributed under subdivision 5, paragraph
(d), shall not be deducted in calculating the permissible levy. In any calendar year in which a general
property tax levy has been made, if the taxes distributable to any such
county or city are greater than the amount estimated by the commissioner to be
paid to any such the county or city in such that
year, the excess of such the distribution shall be held in a
special fund by the county or city and shall not be expended until the
succeeding calendar year, and shall be included in computing the permissible
levies of such the county or city payable in such year. If the amounts distributable to any such
the county or city after final determination by the commissioner of revenue
under this section are less than the amounts by which a taxing district's levies
were reduced pursuant to this section, such the county or city
may issue certificates of indebtedness in the amount of the shortage, and may
include in its next tax levy an amount sufficient to pay such the
certificates of indebtedness and interest thereon, or, if no certificates were
issued, an amount equal to such the shortage.
EFFECTIVE DATE. This section is effective for production in 2009 and
thereafter.
Sec.
11. Minnesota Statutes 2006, section
298.292, subdivision 2, as amended by Laws 2008, chapter 154, article 8,
section 11, is amended to read:
Subd.
2. Use
of money. Money in the Douglas J.
Johnson economic protection trust fund may be used for the following
purposes:
(1)
to provide loans, loan guarantees, interest buy-downs and other forms of
participation with private sources of financing, but a loan to a private
enterprise shall be for a principal amount not to exceed one-half of the cost
of the project for which financing is sought, and the rate of interest on a
loan to a private enterprise shall be no less than the lesser of eight percent
or an interest rate three percentage points less than a full faith and credit
obligation of the United States government of comparable maturity, at the time
that the loan is approved;
(2)
to fund reserve accounts established to secure the payment when due of the
principal of and interest on bonds issued pursuant to section 298.2211;
(3)
to pay in periodic payments or in a lump sum payment any or all of the interest
on bonds issued pursuant to chapter 474 for the purpose of constructing,
converting, or retrofitting heating facilities in connection with district
heating systems or systems utilizing alternative energy sources;
(4)
to invest in a venture capital fund or enterprise that will provide capital to
other entities that are engaging in, or that will engage in, projects or
programs that have the purposes set forth in subdivision 1. No investments may be made in a venture
capital fund or enterprise unless at least two other unrelated investors make
investments of at least $500,000 in the venture capital fund or enterprise, and
the investment by the Douglas J. Johnson economic protection trust fund may not
exceed the amount of the largest investment by an unrelated investor in the
venture capital fund or enterprise. For
purposes of this subdivision, an "unrelated investor" is a person or
entity that is not related to the entity in which the investment is made or to
any individual who owns more than 40 percent of the value of the entity, in any
of the following relationships: spouse,
parent, child, sibling, employee, or owner of an interest in the entity that
exceeds ten percent of the value of all interests in it. For purposes of determining the limitations
under this clause, the amount of investments made by an investor other than the
Douglas J. Johnson economic protection trust fund is the sum of all investments
made in the venture capital fund or enterprise during the period beginning one
year before the date of the investment by the Douglas J. Johnson economic
protection trust fund; and
(5)
to purchase forest land in the taconite assistance area defined in section
273.1341 to be held and managed as a public trust for the benefit of the area
for the purposes authorized in section 298.22, subdivision 5a. Property purchased under this section may
be sold by the commissioner upon approval by a majority vote of the board. The net proceeds must be deposited in the
trust fund for the purposes and uses of this section.
Money
from the trust fund shall be expended only in or for the benefit of the
taconite assistance area defined in section 273.1341.
Sec.
12. Minnesota Statutes 2006, section
298.405, subdivision 1, is amended to read:
Subdivision
1. Imposition
of tax Definition. In
any year in which Iron bearing material other than taconite and
semitaconite as defined by law, having not more than 46.5 percent
natural iron content on the average, is subject to taxation under section
298.24. The tax under that section
applies to material that is:
(1)
produced
from any 40 acre tract or governmental lot, but not from more than three such
tracts or lots by an individual producer, is finer than or is ground to 90 percent
passing 20 mesh and is; and
(2) treated in Minnesota for
the purpose of separating the iron particles from silica, alumina, or other
detrimental compounds or elements unless used in a direct reduction process,
and is treated in Minnesota:
(a) (i) by either
electrostatic separation, roasting and magnetic separation, or flotation or;
(b) (ii) by a direct reduction
process or;
(c) (iii) by any combination of such
processes; or
(d) (iv) by any other process or
method not presently employed in gravity separation plants employing only
crushing, screening, washing, jigging, heavy media separation, spirals,
cyclones, drying or any combination thereof, the production of such ore
shall be taxed in the manner and at the rates provided for the taxation of
semitaconite under section 298.35 provided that the
amount
of concentrates or final product so produced each year from any one 40 acre
tract or governmental lot exceeds 100,000 tons or exceeds 25,000 tons from any one 40
acre tract or governmental lot where the average phosphorus content exceeds
.125 percent dry analysis or .10 percent sulphur dry analysis. Such tax shall be in addition to the
occupation and royalty taxes but shall be in lieu of all other taxes upon the
said 40 acre tract or governmental lot, the iron ore contained therein, the concentrates
produced, and the mining and beneficiating facilities used in such
production. The determination as to
what materials will qualify under this law will be made by the commissioner of
revenue who may use the services of the Ore Estimate Division of the University
of Minnesota, Department of Civil and Mineral Engineering, which is hereby
established as a technical consultant to the commissioner for the purposes of
this section. The tax imposed shall be
collected, paid, and the proceeds thereof distributed in the same manner and at
the same time as the tax imposed upon semitaconite by section 298.35 is
collected, paid, and distributed.
Sec.
13. Laws 2008, chapter 154, article 8,
section 14, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective for distributions made in 2008
2007 and thereafter.
Sec.
14. ELECTRIC GENERATING PLANTS IN TACONITE TAX RELIEF AREAS.
For
purposes of definitions of "taconite tax relief area" and
"taconite assistance area" in Minnesota Statutes, sections 273.134,
273.1341, and related laws, the elimination of the property tax exemption for
certain electric generating plants under Laws 2008, chapter 154, article 8,
section 6, does not change the status of any electric generating plant
qualifying as a taconite facility.
Sec.
15. 2008 DISTRIBUTIONS ONLY.
For
distribution in 2008 only, a special fund is established to receive 11.4 cents
per ton that otherwise would be allocated under Minnesota Statutes, section
298.28, subdivision 6. If sufficient
funds are not available under Minnesota Statutes, section 298.28, subdivision
6, to make the payments required under this section and under Minnesota
Statutes, section 298.28, subdivision 6, the remaining amount needed to total
11.4 cents per ton may be taken from funds available under Minnesota Statutes,
section 298.28, subdivision 9. If 2008
H. F. No. 1812 is enacted and includes a provision that distributes funds that
would otherwise be allocated under Minnesota Statutes, section 298.28, subdivision
6, in a manner different from the distribution required in this section, the
distribution in this section supersedes the distribution set in 2008 H. F. No.
1812 notwithstanding Minnesota Statutes, section 645.26. The following amounts are allocated to St.
Louis County acting as the fiscal agent for the recipients for the following
specified purposes:
(1)
two cents per ton must be paid to the Hibbing Economic Development Authority to
retire bonds and for economic development purposes;
(2)
one cent per ton must be divided among and paid in equal shares to each of the
board of St. Louis County School District No. 2142, the board of Ely School
District No. 696, the board of Mountain Iron-Buhl School District No. 712, and
the board of Virginia School District No. 706 for each to study the potential
for and impact of consolidation and streamlining the operations of their school
districts;
(3)
0.25 cent per ton must be paid to the city of Grand Rapids, for industrial park
work;
(4)
0.65 cent per ton must be paid to the city of Aitkin, for sewer and water for
housing projects;
(5)
0.5 cent per ton must be paid to the city of Crosby, for well and water tower
infrastructure;
(6)
0.5 cent per ton must be paid to the city of Two Harbors, for well and water
tower infrastructure;
(7)
1.5 cents per ton must be paid to the city of Silver Bay to pay for health and
safety and maintenance improvements at a former elementary school building that
is currently owned by the city, to be used for economic development purposes;
(8)
1.5 cents per ton must be paid to St. Louis County to extend water and sewer
lines from the city of Chisholm to the St. Louis County fairgrounds;
(9)
1.5 cents per ton must be paid to the White Community Hospital for debt
restructuring;
(10)
0.5 cent per ton must be paid to the city of Keewatin for street, sewer, and
water improvements;
(11)
0.5 cent per ton must be paid to the city of Calumet for street, sewer, and
water improvements; and
(12)
one cent per ton must be paid to Breitung township for sewer and water
extensions associated with the development of a state park, provided that if a
new state park is not established in Breitung township by July 1, 2009, the
money provided in this clause must be transferred to the northeast Minnesota
economic development fund established in Minnesota Statutes, section 298.2213.
Sec.
16. REPEALER.
Minnesota
Statutes 2006, section 298.405, subdivisions 2, 3, and 4, are repealed.
ARTICLE
11
FEDERAL
UPDATE
Section
1. Minnesota Statutes 2006, section
272.02, subdivision 13, is amended to read:
Subd.
13. Emergency shelters for victims of domestic abuse. Property used in a continuous program to
provide emergency shelter for victims of domestic abuse is exempt, provided the
organization that owns and sponsors the shelter is exempt from federal income
taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986,
as amended through December 31, 1992, notwithstanding the fact that the
sponsoring organization receives funding under Section 8 of the United States
Housing Act of 1937, as amended.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. Minnesota Statutes 2006, section
272.02, subdivision 20, is amended to read:
Subd.
20. Transitional housing facilities.
Transitional housing facilities are exempt. "Transitional housing
facility" means a facility that meets the following requirements. (i) It
provides temporary housing to individuals, couples, or families. (ii) It has
the purpose of reuniting families and enabling parents or individuals to obtain
self-sufficiency, advance their education, get job training, or become employed
in jobs that provide a living wage. (iii) It provides support services such as
child care, work readiness training, and career development counseling; and a
self-sufficiency program with periodic monitoring of each resident's progress
in completing the program's goals. (iv) It provides services to a resident of
the facility for at least three months but no longer than three years, except
residents enrolled in an educational or vocational institution or job training
program. These residents may receive
services during the time they are enrolled but in no event longer than four
years. (v) It is owned and operated or under lease from a unit of government or
governmental agency under a property disposition program and operated by one or
more organizations exempt from federal income tax under section 501(c)(3) of
the Internal Revenue Code of 1986, as amended through December 31, 1992. This exemption applies notwithstanding the
fact that the sponsoring organization receives financing by a direct federal
loan or federally insured loan or a loan made by the Minnesota
Housing
Finance Agency under the provisions of either Title II of the National Housing
Act, as amended, or the Minnesota Housing Finance Agency Law of 1971,
chapter 462A, or rules promulgated by the agency pursuant to it, and
notwithstanding the fact that the sponsoring organization receives funding
under Section 8 of the United States Housing Act of 1937, as amended.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. Minnesota Statutes 2006, section
272.02, subdivision 21, is amended to read:
Subd.
21. Property used to provide computing resources to University of
Minnesota. Real and personal
property, including leasehold or other personal property interests, is exempt
if it is owned and operated by a corporation of which more than 50 percent of
the total voting power of the stock of the corporation is owned collectively
by: (i) the Board of Regents of the
University of Minnesota, (ii) the University of Minnesota Foundation, an
organization exempt from federal income taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, as amended through December 31, 1992, and
(iii) a corporation organized under chapter 317A, which by its articles of
incorporation is prohibited from providing pecuniary gain to any person or
entity other than the regents of the University of Minnesota; which property is
used primarily to manage or provide goods, services, or facilities utilizing or
relating to large-scale advanced scientific computing resources to the regents
of the University of Minnesota and others.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
4. Minnesota Statutes 2006, section
272.02, subdivision 27, is amended to read:
Subd.
27. Superior National Forest; recreational property for use by disabled
veterans. Real and personal
property is exempt if it is located in the Superior National Forest, and owned
or leased and operated by a nonprofit organization that is exempt from federal
income taxation under section 501(c)(3) of the Internal Revenue Code of
1986, as amended through December 31, 1992, and primarily used to provide
recreational opportunities for disabled veterans and their families.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
5. Minnesota Statutes 2006, section
272.02, subdivision 31, is amended to read:
Subd.
31. Business incubator property.
Property owned by a nonprofit charitable organization that qualifies for
tax exemption under section 501(c)(3) of the Internal Revenue Code of 1986,
as amended through December 31, 1997, that is intended to be used as a
business incubator in a high-unemployment county, is exempt. As used in this subdivision, a
"business incubator" is a facility used for the development of
nonretail businesses, offering access to equipment, space, services, and advice
to the tenant businesses, for the purpose of encouraging economic development,
diversification, and job creation in the area served by the organization, and
"high-unemployment county" is a county that had an average annual
unemployment rate of 7.9 percent or greater in 1997. Property that qualifies for the exemption under this subdivision
is limited to no more than two contiguous parcels and structures that do not
exceed in the aggregate 40,000 square feet.
This exemption expires after taxes payable in 2011.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
6. Minnesota Statutes 2006, section
272.02, subdivision 49, is amended to read:
Subd.
49. Agricultural historical society property. Property is exempt from taxation if it is owned by a nonprofit
charitable or educational organization that qualifies for exemption under
section 501(c)(3) of the Internal Revenue Code of 1986, as amended through
December 31, 2000, and meets the following criteria:
(1)
the property is primarily used for storing and exhibiting tools, equipment, and
artifacts useful in providing an understanding of local or regional
agricultural history. Primary use is
determined each year based on the number of days the property is used solely
for storage and exhibition purposes;
(2)
the property is limited to a maximum of 20 acres per owner per county, but
includes the land and any taxable structures, fixtures, and equipment on the
land;
(3)
the property is not used for a revenue-producing activity for more than ten
days in each calendar year; and
(4)
the property is not used for residential purposes on either a temporary or
permanent basis.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
7. Minnesota Statutes 2006, section
272.03, subdivision 3, is amended to read:
Subd.
3. Construction
of terms. For the purposes of
chapters 270 to 284, unless a different meaning is indicated by the context,
the words, phrases, and terms defined in subdivisions 4 to 11 shall
this section have the meanings given them.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
8. Minnesota Statutes 2006, section
272.03, is amended by adding a subdivision to read:
Subd.
13. Internal
Revenue Code. Unless
specifically defined otherwise, "Internal Revenue Code" means the
Internal Revenue Code as defined in section 289A.02, subdivision 7.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
9. [273.105]
INTERNAL REVENUE CODE.
Unless
specifically defined otherwise, for purposes of this chapter, "Internal
Revenue Code" means the Internal Revenue Code as defined in section
289A.02, subdivision 7.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
10. Minnesota Statutes 2006, section
273.11, subdivision 8, is amended to read:
Subd.
8. Limited
equity cooperative apartments. For
the purposes of this subdivision, the terms defined in this subdivision have
the meanings given them.
A
"limited equity cooperative" is a corporation organized under chapter
308A or 308B, which has as its primary purpose the provision of housing and
related services to its members which meets one of the following criteria with
respect to the income of its members:
(1) a minimum of 75 percent of members must have incomes at or less than
90 percent of area median income, (2) a minimum of 40 percent of members must
have incomes at or less than 60 percent of area median income, or (3) a minimum
of 20 percent of members must have incomes at or less than 50 percent of area
median income. For purposes of this
clause, "member income" shall mean the income of a member existing at
the time the member acquires cooperative membership, and median income shall
mean the St. Paul-Minneapolis metropolitan area median income as determined by
the United States Department of Housing and Urban Development. It must also meet the following
requirements:
(a)
The articles of incorporation set the sale price of occupancy entitling
cooperative shares or memberships at no more than a transfer value determined
as provided in the articles. That value
may not exceed the sum of the following:
(1)
the consideration paid for the membership or shares by the first occupant of
the unit, as shown in the records of the corporation;
(2)
the fair market value, as shown in the records of the corporation, of any
improvements to the real property that were installed at the sole expense of
the member with the prior approval of the board of directors;
(3)
accumulated interest, or an inflation allowance not to exceed the greater of a
ten percent annual noncompounded increase on the consideration paid for the
membership or share by the first occupant of the unit, or the amount that would
have been paid on that consideration if interest had been paid on it at the rate
of the percentage increase in the revised Consumer Price Index for All Urban
Consumers for the Minneapolis-St. Paul metropolitan area prepared by the United
States Department of Labor, provided that the amount determined pursuant to
this clause may not exceed $500 for each year or fraction of a year the
membership or share was owned; plus
(4)
real property capital contributions shown in the records of the corporation to
have been paid by the transferor member and previous holders of the same
membership, or of separate memberships that had entitled occupancy to the unit
of the member involved. These
contributions include contributions to a corporate reserve account the use of
which is restricted to real property improvements or acquisitions, contributions
to the corporation which are used for real property improvements or
acquisitions, and the amount of principal amortized by the corporation on its
indebtedness due to the financing of real property acquisition or improvement
or the averaging of principal paid by the corporation over the term of its real
property-related indebtedness.
(b)
The articles of incorporation require that the board of directors limit the
purchase price of stock or membership interests for new member-occupants or
resident shareholders to an amount which does not exceed the transfer value for
the membership or stock as defined in clause (a).
(c)
The articles of incorporation require that the total distribution out of
capital to a member shall not exceed that transfer value.
(d)
The articles of incorporation require that upon liquidation of the corporation
any assets remaining after retirement of corporate debts and distribution to
members will be conveyed to a charitable organization described in section
501(c)(3) of the Internal Revenue Code of 1986, as amended through December
31, 1992, or a public agency.
A
"limited equity cooperative apartment" is a dwelling unit owned by a
limited equity cooperative.
"Occupancy
entitling cooperative share or membership" is the ownership interest in a
cooperative organization which entitles the holder to an exclusive right to
occupy a dwelling unit owned or leased by the cooperative.
For
purposes of taxation, the assessor shall value a unit owned by a limited equity
cooperative at the lesser of its market value or the value determined by
capitalizing the net operating income of a comparable apartment operated on a
rental basis at the capitalization rate used in valuing comparable buildings
that are not limited equity cooperatives.
If a cooperative fails to operate in accordance with the provisions of
clauses (a) to (d), the property shall be subject to additional property taxes
in the amount of the difference between the taxes determined in accordance with
this subdivision for the last ten years that the property had been assessed
pursuant to this subdivision and the amount that would have been paid if the
provisions of this subdivision had not applied to it. The additional taxes, plus interest at the rate specified in
section 549.09, shall be extended against the property on the tax list for the
current year.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
11. Minnesota Statutes 2006, section
273.124, subdivision 6, is amended to read:
Subd.
6. Leasehold
cooperatives. When one or more
dwellings or one or more buildings which each contain several dwelling units is
owned by a nonprofit corporation subject to the provisions of chapter 317A and
qualifying under section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of
1986, as amended through December 31, 1990, or a limited partnership which
corporation or partnership operates the property in conjunction with a
cooperative association, and has received public financing, homestead treatment
may be claimed by the cooperative association on behalf of the members of the
cooperative for each dwelling unit occupied by a member of the
cooperative. The cooperative
association must provide the assessor with the Social Security numbers of those
members. To qualify for the treatment
provided by this subdivision, the following conditions must be met:
(a)
the cooperative association must be organized under chapter 308A or 308B and
all voting members of the board of directors must be resident tenants of the
cooperative and must be elected by the resident tenants of the cooperative;
(b)
the cooperative association must have a lease for occupancy of the property for
a term of at least 20 years, which permits the cooperative association, while
not in default on the lease, to participate materially in the management of the
property, including material participation in establishing budgets, setting
rent levels, and hiring and supervising a management agent;
(c)
to the extent permitted under state or federal law, the cooperative association
must have a right under a written agreement with the owner to purchase the
property if the owner proposes to sell it; if the cooperative association does
not purchase the property it is offered for sale, the owner may not
subsequently sell the property to another purchaser at a price lower than the
price at which it was offered for sale to the cooperative association unless
the cooperative association approves the sale;
(d)
a minimum of 40 percent of the cooperative association's members must have
incomes at or less than 60 percent of area median gross income as determined by
the United States Secretary of Housing and Urban Development under section
142(d)(2)(B) of the Internal Revenue Code of 1986, as amended through
December 31, 1991. For purposes of
this clause, "member income" means the income of a member existing at
the time the member acquires cooperative membership;
(e)
if a limited partnership owns the property, it must include as the managing
general partner a nonprofit organization operating under the provisions of
chapter 317A and qualifying under section 501(c)(3) or 501(c)(4) of the
Internal Revenue Code of 1986, as amended through December 31, 1990, and
the limited partnership agreement must provide that the managing general partner
have sufficient powers so that it materially participates in the management and
control of the limited partnership;
(f)
prior to becoming a member of a leasehold cooperative described in this
subdivision, a person must have received notice that (1) describes leasehold
cooperative property in plain language, including but not limited to the
effects of classification under this subdivision on rents, property taxes and
tax credits or refunds, and operating expenses, and (2) states that copies of
the articles of incorporation and bylaws of the cooperative association, the
lease between the owner and the cooperative association, a sample sublease
between the cooperative association and a tenant, and, if the owner is a
partnership, a copy of the limited partnership agreement, can be obtained upon
written request at no charge from the owner, and the owner must send or deliver
the materials within seven days after receiving any request;
(g)
if a dwelling unit of a building was occupied on the 60th day prior to the date
on which the unit became leasehold cooperative property described in this
subdivision, the notice described in paragraph (f) must have been sent by first
class mail to the occupant of the unit at least 60 days prior to the date on
which the unit became leasehold cooperative property. For purposes of the notice under this paragraph, the copies of
the documents
referred
to in paragraph (f) may be in proposed version, provided that any subsequent
material alteration of those documents made after the occupant has requested a
copy shall be disclosed to any occupant who has requested a copy of the
document. Copies of the articles of
incorporation and certificate of limited partnership shall be filed with the secretary
of state after the expiration of the 60-day period unless the change to
leasehold cooperative status does not proceed;
(h)
the county attorney of the county in which the property is located must certify
to the assessor that the property meets the requirements of this subdivision;
(i)
the public financing received must be from at least one of the following
sources:
(1)
tax increment financing proceeds used for the acquisition or rehabilitation of
the building or interest rate write-downs relating to the acquisition of the
building;
(2)
government issued bonds exempt from taxes under section 103 of the Internal
Revenue Code of 1986, as amended through December 31, 1991, the proceeds
of which are used for the acquisition or rehabilitation of the building;
(3)
programs under section 221(d)(3), 202, or 236, of Title II of the National
Housing Act;
(4)
rental housing program funds under Section 8 of the United States Housing Act
of 1937, as amended, or the market rate family graduated payment
mortgage program funds administered by the Minnesota Housing Finance Agency
that are used for the acquisition or rehabilitation of the building;
(5)
low-income housing credit under section 42 of the Internal Revenue Code of
1986, as amended through December 31, 1991;
(6)
public financing provided by a local government used for the acquisition or
rehabilitation of the building, including grants or loans from (i) federal
community development block grants; (ii) HOME block grants; or
(iii) residential rental bonds issued under chapter 474A; or
(7)
other rental housing program funds provided by the Minnesota Housing Finance
Agency for the acquisition or rehabilitation of the building;
(j)
at the time of the initial request for homestead classification or of any
transfer of ownership of the property, the governing body of the municipality
in which the property is located must hold a public hearing and make the
following findings:
(1)
that the granting of the homestead treatment of the apartment's units will
facilitate safe, clean, affordable housing for the cooperative members that
would otherwise not be available absent the homestead designation;
(2)
that the owner has presented information satisfactory to the governing body
showing that the savings garnered from the homestead designation of the units
will be used to reduce tenant's rents or provide a level of furnishing or
maintenance not possible absent the designation; and
(3)
that the requirements of paragraphs (b), (d), and (i) have been met.
Homestead
treatment must be afforded to units occupied by members of the cooperative
association and the units must be assessed as provided in subdivision 3,
provided that any unit not so occupied shall be classified and assessed
pursuant to the appropriate class. No
more than three acres of land may, for assessment purposes, be included with
each dwelling unit that qualifies for homestead treatment under this
subdivision.
When
dwelling units no longer qualify under this subdivision, the current owner must
notify the assessor within 60 days.
Failure to notify the assessor within 60 days shall result in the loss
of benefits under this subdivision for taxes payable in the year that the
failure is discovered. For these
purposes, "benefits under this subdivision" means the difference in
the net tax capacity of the units which no longer qualify as computed under
this subdivision and as computed under the otherwise applicable law, times the
local tax rate applicable to the building for that taxes payable year. Upon discovery of a failure to notify, the
assessor shall inform the auditor of the difference in net tax capacity for the
building or buildings in which units no longer qualify, and the auditor shall
calculate the benefits under this subdivision.
Such amount, plus a penalty equal to 100 percent of that amount, shall
then be demanded of the building's owner.
The property owner may appeal the county's determination by serving
copies of a petition for review with county officials as provided in section
278.01 and filing a proof of service as provided in section 278.01 with the
Minnesota Tax Court within 60 days of the date of the notice from the
county. The appeal shall be governed by
the Tax Court procedures provided in chapter 271, for cases relating to the tax
laws as defined in section 271.01, subdivision 5; disregarding sections
273.125, subdivision 5, and 278.03, but including section 278.05, subdivision
2. If the amount of the benefits under
this subdivision and penalty are not paid within 60 days, and if no appeal has
been filed, the county auditor shall certify the amount of the benefit and
penalty to the succeeding year's tax list to be collected as part of the
property taxes on the affected buildings.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
12. Minnesota Statutes 2006, section
273.128, subdivision 1, as amended by Laws 2008, chapter 154, article 2,
section 10, is amended to read:
Subdivision
1. Requirement. Low-income rental property classified as
class 4d under section 273.13, subdivision 25, is entitled to valuation under
this section if at least 20 percent of the units in the rental housing property
meet any of the following qualifications:
(1)
the units are subject to a housing assistance payments contract under Section 8
of the United States Housing Act of 1937, as amended;
(2)
the units are rent-restricted and income-restricted units of a qualified
low-income housing project receiving tax credits under section 42(g) of the
Internal Revenue Code of 1986, as amended;
(3)
the units are financed by the Rural Housing Service of the United States
Department of Agriculture and receive payments under the rental assistance
program pursuant to section 521(a) of the Housing Act of 1949, as amended; or
(4)
the units are subject to rent and income restrictions under the terms of
financial assistance provided to the rental housing property by the federal
government or the state of Minnesota, or a local unit of government, as
evidenced by a document recorded against the property.
The
restrictions must require assisted units to be occupied by residents whose
household income at the time of initial occupancy does not exceed 60 percent of
the greater of area or state median income, adjusted for family size, as
determined by the United States Department of Housing and Urban
Development. The restriction must also
require the rents for assisted units to not exceed 30 percent of 60 percent of
the greater of area or state median income, adjusted for family size, as
determined by the United States Department of Housing and Urban Development.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
13. Minnesota Statutes 2006, section
273.13, subdivision 25, as amended by Laws 2008, chapter 154, article 2,
section 13, is amended to read:
Subd.
25. Class 4. (a) Class 4a is
residential real estate containing four or more units and used or held for use
by the owner or by the tenants or lessees of the owner as a residence for
rental periods of 30 days or more, excluding property qualifying for class
4d. Class 4a also includes hospitals
licensed under sections 144.50 to 144.56, other than hospitals exempt under
section 272.02, and contiguous property used for hospital purposes, without
regard to whether the property has been platted or subdivided. The market value of class 4a property has a
class rate of 1.25 percent.
(b)
Class 4b includes:
(1)
residential real estate containing less than four units that does not qualify
as class 4bb, other than seasonal residential recreational property;
(2)
manufactured homes not classified under any other provision;
(3)
a dwelling, garage, and surrounding one acre of property on a nonhomestead farm
classified under subdivision 23, paragraph (b) containing two or three units;
and
(4)
unimproved property that is classified residential as determined under
subdivision 33.
The
market value of class 4b property has a class rate of 1.25 percent.
(c)
Class 4bb includes:
(1)
nonhomestead residential real estate containing one unit, other than seasonal
residential recreational property; and
(2)
a single family dwelling, garage, and surrounding one acre of property on a
nonhomestead farm classified under subdivision 23, paragraph (b).
Class
4bb property has the same class rates as class 1a property under subdivision
22.
Property
that has been classified as seasonal residential recreational property at any
time during which it has been owned by the current owner or spouse of the
current owner does not qualify for class 4bb.
(d)
Class 4c property includes:
(1)
except as provided in subdivision 22, paragraph (c), or subdivision 23,
paragraph (b), clause (1), real and personal property devoted to temporary and
seasonal residential occupancy for recreation purposes, including real and
personal property devoted to temporary and seasonal residential occupancy for
recreation purposes and not devoted to commercial purposes for more than 250
days in the year preceding the year of assessment. For purposes of this clause, property is devoted to a commercial
purpose on a specific day if any portion of the property is used for
residential occupancy, and a fee is charged for residential occupancy. Class 4c property must contain three or more
rental units. A "rental unit"
is defined as a cabin, condominium, townhouse, sleeping room, or individual
camping site equipped with water and electrical hookups for recreational
vehicles. Class 4c property must
provide recreational activities such as renting ice fishing houses, boats and
motors, snowmobiles, downhill or cross-country ski equipment; provide marina
services, launch services, or guide services; or sell bait and fishing
tackle. A camping pad offered for rent
by a property that otherwise qualifies for class 4c is also class 4c regardless
of the term of the rental agreement, as long as the use of the camping pad does
not exceed 250 days. In order for a
property to
be
classified as class 4c, seasonal residential recreational for commercial
purposes, at least 40 percent of the annual gross lodging receipts related to
the property must be from business conducted during 90 consecutive days and
either (i) at least 60 percent of all paid bookings by lodging guests during
the year must be for periods of at least two consecutive nights; or (ii) at
least 20 percent of the annual gross receipts must be from charges for rental
of fish houses, boats and motors, snowmobiles, downhill or cross-country ski
equipment, or charges for marina services, launch services, and guide services,
or the sale of bait and fishing tackle.
For purposes of this determination, a paid booking of five or more
nights shall be counted as two bookings.
Class 4c also includes commercial use real property used exclusively for
recreational purposes in conjunction with class 4c property devoted to temporary
and seasonal residential occupancy for recreational purposes, up to a total of
two acres, provided the property is not devoted to commercial recreational use
for more than 250 days in the year preceding the year of assessment and is
located within two miles of the class 4c property with which it is used. Owners of real and personal property devoted
to temporary and seasonal residential occupancy for recreation purposes and all
or a portion of which was devoted to commercial purposes for not more than 250
days in the year preceding the year of assessment desiring classification as
class 4c, must submit a declaration to the assessor designating the cabins or
units occupied for 250 days or less in the year preceding the year of
assessment by January 15 of the assessment year. Those cabins or units and a proportionate share of the land on
which they are located must be designated class 4c as otherwise provided. The remainder of the cabins or units and a
proportionate share of the land on which they are located will be designated as
class 3a. The owner of property
desiring designation as class 4c property must provide guest registers or other
records demonstrating that the units for which class 4c designation is sought
were not occupied for more than 250 days in the year preceding the assessment
if so requested. The portion of a
property operated as a (1) restaurant, (2) bar, (3) gift shop, (4)
conference center or meeting room, and (5) other nonresidential facility
operated on a commercial basis not directly related to temporary and seasonal
residential occupancy for recreation purposes does not qualify for class 4c;
(2)
qualified property used as a golf course if:
(i)
it is open to the public on a daily fee basis.
It may charge membership fees or dues, but a membership fee may not be
required in order to use the property for golfing, and its green fees for
golfing must be comparable to green fees typically charged by municipal
courses; and
(ii)
it meets the requirements of section 273.112, subdivision 3, paragraph (d).
A
structure used as a clubhouse, restaurant, or place of refreshment in
conjunction with the golf course is classified as class 3a property;
(3)
real property up to a maximum of three acres of land owned and used by a
nonprofit community service oriented organization and that is not used for
residential purposes on either a temporary or permanent basis, qualifies for
class 4c provided that it meets either of the following:
(i)
the property is not used for a revenue-producing activity for more than six
days in the calendar year preceding the year of assessment; or
(ii)
the organization makes annual charitable contributions and donations at least
equal to the property's previous year's property taxes and the property is
allowed to be used for public and community meetings or events for no charge,
as appropriate to the size of the facility.
For
purposes of this clause,
(A)
"charitable contributions and donations" has the same meaning as
lawful gambling purposes under section 349.12, subdivision 25, excluding those
purposes relating to the payment of taxes, assessments, fees, auditing costs,
and utility payments;
(B)
"property taxes" excludes the state general tax;
(C)
a "nonprofit community service oriented organization" means any
corporation, society, association, foundation, or institution organized and
operated exclusively for charitable, religious, fraternal, civic, or
educational purposes, and which is exempt from federal income taxation pursuant
to section 501(c)(3), (10), or (19) of the Internal Revenue Code of 1986, as
amended through December 31, 1990; and
(D)
"revenue-producing activities" shall include but not be limited to
property or that portion of the property that is used as an on-sale
intoxicating liquor or 3.2 percent malt liquor establishment licensed under
chapter 340A, a restaurant open to the public, bowling alley, a retail store,
gambling conducted by organizations licensed under chapter 349, an insurance
business, or office or other space leased or rented to a lessee who conducts a
for-profit enterprise on the premises.
Any portion of the property
qualifying under item (i) which is used for revenue-producing activities for
more than six days in the calendar year preceding the year of assessment shall
be assessed as class 3a. The use of the
property for social events open exclusively to members and their guests for
periods of less than 24 hours, when an admission is not charged nor any
revenues are received by the organization shall not be considered a
revenue-producing activity.
The
organization shall maintain records of its charitable contributions and
donations and of public meetings and events held on the property and make them
available upon request any time to the assessor to ensure eligibility. An organization meeting the requirement
under item (ii) must file an application by May 1 with the assessor for
eligibility for the current year's assessment.
The commissioner shall prescribe a uniform application form and
instructions;
(4)
postsecondary student housing of not more than one acre of land that is owned
by a nonprofit corporation organized under chapter 317A and is used exclusively
by a student cooperative, sorority, or fraternity for on-campus housing or
housing located within two miles of the border of a college campus;
(5)
manufactured home parks as defined in section 327.14, subdivision 3;
(6)
real property that is actively and exclusively devoted to indoor fitness,
health, social, recreational, and related uses, is owned and operated by a
not-for-profit corporation, and is located within the metropolitan area as
defined in section 473.121, subdivision 2;
(7)
a leased or privately owned noncommercial aircraft storage hangar not exempt
under section 272.01, subdivision 2, and the land on which it is located,
provided that:
(i)
the land is on an airport owned or operated by a city, town, county,
Metropolitan Airports Commission, or group thereof; and
(ii)
the land lease, or any ordinance or signed agreement restricting the use of the
leased premise, prohibits commercial activity performed at the hangar.
If
a hangar classified under this clause is sold after June 30, 2000, a bill of
sale must be filed by the new owner with the assessor of the county where the
property is located within 60 days of the sale;
(8)
a privately owned noncommercial aircraft storage hangar not exempt under
section 272.01, subdivision 2, and the land on which it is located, provided
that:
(i)
the land abuts a public airport; and
(ii)
the owner of the aircraft storage hangar provides the assessor with a signed
agreement restricting the use of the premises, prohibiting commercial use or
activity performed at the hangar; and
(9)
residential real estate, a portion of which is used by the owner for homestead
purposes, and that is also a place of lodging, if all of the following criteria
are met:
(i)
rooms are provided for rent to transient guests that generally stay for periods
of 14 or fewer days;
(ii)
meals are provided to persons who rent rooms, the cost of which is incorporated
in the basic room rate;
(iii)
meals are not provided to the general public except for special events on fewer
than seven days in the calendar year preceding the year of the assessment; and
(iv)
the owner is the operator of the property.
The market value subject to
the 4c classification under this clause is limited to five rental units. Any rental units on the property in excess
of five, must be valued and assessed as class 3a. The portion of the property used for purposes of a homestead by
the owner must be classified as class 1a property under subdivision 22.
Class
4c property has a class rate of 1.5 percent of market value, except that (i)
each parcel of seasonal residential recreational property not used for commercial
purposes has the same class rates as class 4bb property, (ii) manufactured
home parks assessed under clause (5) have the same class rate as class 4b
property, (iii) commercial-use seasonal residential recreational property
has a class rate of one percent for the first $500,000 of market value, and
1.25 percent for the remaining market value, (iv) the market value of property
described in clause (4) has a class rate of one percent, (v) the market value
of property described in clauses (2) and (6) has a class rate of 1.25 percent,
and (vi) that portion of the market value of property in clause (9) qualifying
for class 4c property has a class rate of 1.25 percent.
(e)
Class 4d property is qualifying low-income rental housing certified to the
assessor by the Housing Finance Agency under section 273.128, subdivision
3. If only a portion of the units in
the building qualify as low-income rental housing units as certified under
section 273.128, subdivision 3, only the proportion of qualifying units to the
total number of units in the building qualify for class 4d. The remaining portion of the building shall
be classified by the assessor based upon its use. Class 4d also includes the same proportion of land as the
qualifying low-income rental housing units are to the total units in the
building. For all properties qualifying
as class 4d, the market value determined by the assessor must be based on the
normal approach to value using normal unrestricted rents.
Class
4d property has a class rate of 0.75 percent.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
14. Minnesota Statutes 2006, section
287.20, subdivision 3a, is amended to read:
Subd.
3a. Designated transfer.
"Designated transfer" means any of the following:
(1)
a transfer between (i) an entity owned by a sole owner, and (ii) that sole
owner;
(2)
a transfer between (i) an entity in which a husband, a wife, or both are the
sole owners, and (ii) the husband, wife, or both;
(3)
a transfer between (i) an entity with multiple co-owners, and (ii) all of the
co-owners, so long as each of the co-owners maintains the same percentage
ownership interest in the transferred real property, whether directly or
through ownership of a percentage of the entity;
(4)
a transfer between (i) a revocable trust, and (ii) the grantor or grantors of
the revocable trust; or
(5)
a transfer of substantially all of the assets of one or more entities pursuant
to a reorganization, as defined in section 287.20, subdivision 9.
For purposes of this
definition of designated transfer, an interest in an entity that is owned,
directly or indirectly, by or for another entity shall be considered as being
owned proportionately by or for the owners of the other entity under provisions
similar to those of section 267(c)(1) and (5) of the Internal Revenue Code of
1986, as amended through December 31, 2004.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
15. Minnesota Statutes 2006, section
287.20, subdivision 9, is amended to read:
Subd.
9. Reorganization. "Reorganization" means the
transfer of substantially all of the assets of a corporation, a limited
liability company, or a partnership not in the usual or regular course of
business if at the time of the transfer the transfer qualifies as: (i) a corporate reorganization under section
368(a) of the Internal Revenue Code of 1986, as amended through December 31,
2004; or (ii) a transfer from a partnership to another partnership when the
transferee is treated as a continuation of the transferor under section 708 of
the Internal Revenue Code of 1986, as amended through December 31, 2004.
Sec.
16. Minnesota Statutes 2006, section
287.20, is amended by adding a subdivision to read:
Subd.
10. Internal
Revenue Code. Unless
specifically defined otherwise, "Internal Revenue Code" means the
Internal Revenue Code as defined in section 289A.02, subdivision 7.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
17. Minnesota Statutes 2006, section
295.53, subdivision 4a, is amended to read:
Subd.
4a. Credit for research. (a) In
addition to the exemptions allowed under subdivision 1, a hospital or health
care provider may claim an annual credit against the total amount of tax, if
any, the hospital or health care provider owes for that calendar year under
sections 295.50 to 295.57. The credit
shall equal 2.5 percent of revenues for patient services used to fund
expenditures for qualifying research conducted by an allowable research program. The amount of the credit shall not exceed
the tax liability of the hospital or health care provider under sections 295.50
to 295.57.
(b)
For purposes of this subdivision, the following requirements apply:
(1)
expenditures must be for program costs of qualifying research conducted by an
allowable research program;
(2)
an allowable research program must be a formal program of medical and health
care research conducted by an entity which is exempt under section 501(c)(3) of
the Internal Revenue Code of 1986 as defined in section 289A.02,
subdivision 7, or is owned and operated under authority of a governmental
unit;
(3)
qualifying research must:
(A)
be approved in writing by the governing body of the hospital or health care
provider which is taking the deduction under this subdivision;
(B)
have as its purpose the development of new knowledge in basic or applied
science relating to the diagnosis and treatment of conditions affecting the
human body;
(C)
be subject to review by individuals with expertise in the subject matter of the
proposed study but who have no financial interest in the proposed study and are
not involved in the conduct of the proposed study; and
(D)
be subject to review and supervision by an institutional review board operating
in conformity with federal regulations if the research involves human subjects
or an institutional animal care and use committee operating in conformity with
federal regulations if the research involves animal subjects. Research expenses are not exempt if the
study is a routine evaluation of health care methods or products used in a
particular setting conducted for the purpose of making a management
decision. Costs of clinical research
activities paid directly for the benefit of an individual patient are excluded
from this exemption. Basic research in
fields including biochemistry, molecular biology, and physiology are also
included if such programs are subject to a peer review process.
(c)
No credit shall be allowed under this subdivision for any revenue received by
the hospital or health care provider in the form of a grant, gift, or
otherwise, whether from a government or nongovernment source, on which the tax
liability under section 295.52 is not imposed.
(d)
The taxpayer shall apply for the credit under this section on the annual return
under section 295.55, subdivision 5.
(e)
Beginning September 1, 2001, if the actual or estimated amount paid under this
section for the calendar year exceeds $2,500,000, the commissioner of finance
shall determine the rate of the research credit for the following calendar year
to the nearest one-half percent so that refunds paid under this section will
most closely equal $2,500,000. The
commissioner of finance shall publish in the State Register by October 1 of
each year the rate of the credit for the following calendar year. A determination under this section is not
subject to the rulemaking provisions of chapter 14.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
18. Minnesota Statutes 2006, section
296A.16, subdivision 2, is amended to read:
Subd.
2. Fuel
used in other vehicle; claim for refund.
Any person who buys and uses gasoline for a qualifying purpose other
than use in motor vehicles, snowmobiles except as provided in clause (2), or
motorboats, or special fuel for a qualifying purpose other than use in licensed
motor vehicles, and who paid the tax directly or indirectly through the amount
of the tax being included in the price of the gasoline or special fuel, or
otherwise, shall be reimbursed and repaid the amount of the tax paid upon
filing with the commissioner a claim for refund in the form and manner
prescribed by the commissioner, and containing the information the commissioner
shall require. By signing any such claim
which is false or fraudulent, the applicant shall be subject to the penalties
provided in this chapter for knowingly making a false claim. The claim shall set forth the total amount
of the gasoline so purchased and used by the applicant other than in motor
vehicles, or special fuel purchased and used by the applicant other than in
licensed motor vehicles, and shall state when and for what purpose it was
used. When a claim contains an error in
computation or preparation, the commissioner is authorized to adjust the claim
in accordance with the evidence shown on the claim or other information
available to the commissioner. The
commissioner, on being satisfied that the claimant is entitled to the payments,
shall approve the claim and transmit it to the commissioner of finance. The words "gasoline" or
"special fuel" as used in this subdivision do not include aviation
gasoline or special fuel for aircraft.
Gasoline or special fuel bought and used for a "qualifying
purpose" means:
(1)
Gasoline or special fuel used in carrying on a trade or business, used on a
farm situated in Minnesota, and used for a farming purpose. "Farm"
and "farming purpose" have the meanings given them in section
6420(c)(2), (3), and (4) of the Internal Revenue Code of 1986, as amended through
December 31, 1997 as defined in section 289A.02, subdivision 7.
(2)
Gasoline or special fuel used for off-highway business use.
(i)
"Off-highway business use" means any use off the public highway by a
person in that person's trade, business, or activity for the production of
income.
(ii)
Off-highway business use includes use of a passenger snowmobile off the public
highways as part of the operations of a resort as defined in section 157.15,
subdivision 11; and use of gasoline or special fuel to operate a power takeoff
unit on a vehicle, but not including fuel consumed during idling time.
(iii)
Off-highway business use does not include use as a fuel in a motor vehicle
which, at the time of use, is registered or is required to be registered for highway
use under the laws of any state or foreign country; or use of a licensed motor
vehicle fuel tank in lieu of a separate storage tank for storing fuel to be
used for a qualifying purpose, as defined in this section. Fuel purchased to be used for a qualifying
purpose cannot be placed in the fuel tank of a licensed motor vehicle and must
be stored in a separate supply tank.
(3)
Gasoline or special fuel placed in the fuel tanks of new motor vehicles,
manufactured in Minnesota, and shipped by interstate carrier to destinations in
other states or foreign countries.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
19. Minnesota Statutes 2006, section
297A.61, subdivision 22, is amended to read:
Subd.
22. Internal Revenue Code.
Unless specifically provided otherwise, "Internal Revenue
Code" means the Internal Revenue Code of
1986, as amended through December 31, 2000 as defined in section
289A.02, subdivision 7.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
20. Minnesota Statutes 2006, section
297B.01, subdivision 7, is amended to read:
Subd.
7. Sale,
sells, selling, purchase, purchased, or acquired. (a) "Sale," "sells," "selling,"
"purchase," "purchased," or "acquired" means any
transfer of title of any motor vehicle, whether absolutely or conditionally,
for a consideration in money or by exchange or barter for any purpose other
than resale in the regular course of business.
(b)
Any motor vehicle utilized by the owner only by leasing such vehicle to others
or by holding it in an effort to so lease it, and which is put to no other use
by the owner other than resale after such lease or effort to lease, shall be
considered property purchased for resale.
(c)
The terms also shall include any transfer of title or ownership of a motor
vehicle by other means, for or without consideration, except that these terms
shall not include:
(1)
the acquisition of a motor vehicle by inheritance from or by bequest of, a
decedent who owned it;
(2)
the transfer of a motor vehicle which was previously licensed in the names of
two or more joint tenants and subsequently transferred without monetary
consideration to one or more of the joint tenants;
(3)
the transfer of a motor vehicle by way of gift between individuals, or gift
from a limited used vehicle dealer licensed under section 168.27, subdivision
4a, to an individual, when the transfer is with no monetary or other
consideration or expectation of consideration and the parties to the transfer
submit an affidavit to that effect at the time the title transfer is recorded;
(4)
the voluntary or involuntary transfer of a motor vehicle between a husband and
wife in a divorce proceeding; or
(5)
the transfer of a motor vehicle by way of a gift to an organization that is
exempt from federal income taxation under section 501(c)(3) of the Internal
Revenue Code, as amended through December 31, 1996, when the motor
vehicle will be used exclusively for religious, charitable, or educational
purposes.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
21. Minnesota Statutes 2006, section
297B.01, is amended by adding a subdivision to read:
Subd.
10. Internal
Revenue Code. Unless
specifically defined otherwise, "Internal Revenue Code" means the
Internal Revenue Code as defined in section 289A.02, subdivision 7.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
22. Minnesota Statutes 2006, section
297B.03, is amended to read:
297B.03 EXEMPTIONS.
There
is specifically exempted from the provisions of this chapter and from
computation of the amount of tax imposed by it the following:
(1)
purchase or use, including use under a lease purchase agreement or installment
sales contract made pursuant to section 465.71, of any motor vehicle by the
United States and its agencies and instrumentalities and by any person
described in and subject to the conditions provided in section 297A.67,
subdivision 11;
(2)
purchase or use of any motor vehicle by any person who was a resident of
another state or country at the time of the purchase and who subsequently
becomes a resident of Minnesota, provided the purchase occurred more than 60
days prior to the date such person began residing in the state of Minnesota and
the motor vehicle was registered in the person's name in the other state or
country;
(3)
purchase or use of any motor vehicle by any person making a valid election to
be taxed under the provisions of section 297A.90;
(4)
purchase or use of any motor vehicle previously registered in the state of
Minnesota when such transfer constitutes a transfer within the meaning of
section 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or
1563(a) of the Internal Revenue Code of 1986, as amended through December
31, 1999;
(5)
purchase or use of any vehicle owned by a resident of another state and leased
to a Minnesota-based private or for-hire carrier for regular use in the
transportation of persons or property in interstate commerce provided the
vehicle is titled in the state of the owner or secured party, and that state
does not impose a sales tax or sales tax on motor vehicles used in interstate
commerce;
(6)
purchase or use of a motor vehicle by a private nonprofit or public educational
institution for use as an instructional aid in automotive training programs
operated by the institution. "Automotive training programs" includes
motor vehicle body and mechanical repair courses but does not include driver
education programs;
(7)
purchase of a motor vehicle for use as an ambulance by an ambulance service
licensed under section 144E.10;
(8)
purchase of a motor vehicle by or for a public library, as defined in section
134.001, subdivision 2, as a bookmobile or library delivery vehicle;
(9)
purchase of a ready-mixed concrete truck;
(10)
purchase or use of a motor vehicle by a town for use exclusively for road
maintenance, including snowplows and dump trucks, but not including
automobiles, vans, or pickup trucks;
(11)
purchase or use of a motor vehicle by a corporation, society, association,
foundation, or institution organized and operated exclusively for charitable,
religious, or educational purposes, except a public school, university, or
library, but only if the vehicle is:
(i)
a truck, as defined in section 168.011, a bus, as defined in section 168.011,
or a passenger automobile, as defined in section 168.011, if the automobile is
designed and used for carrying more than nine persons including the driver; and
(ii)
intended to be used primarily to transport tangible personal property or
individuals, other than employees, to whom the organization provides service in
performing its charitable, religious, or educational purpose;
(12)
purchase of a motor vehicle for use by a transit provider exclusively to
provide transit service is exempt if the transit provider is either (i)
receiving financial assistance or reimbursement under section 174.24 or
473.384, or (ii) operating under section 174.29, 473.388, or 473.405;
(13)
purchase or use of a motor vehicle by a qualified business, as defined in
section 469.310, located in a job opportunity building zone, if the motor
vehicle is principally garaged in the job opportunity building zone and is
primarily used as part of or in direct support of the person's operations
carried on in the job opportunity building zone. The exemption under this clause applies to sales, if the purchase
was made and delivery received during the duration of the job opportunity
building zone. The exemption under this
clause also applies to any local sales and use tax.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
23. Minnesota Statutes 2006, section
297F.01, subdivision 8, is amended to read:
Subd. 8. Internal Revenue Code. Unless specifically defined otherwise,
"Internal Revenue Code" means the Internal Revenue Code of 1986,
as amended through December 31, 1996 as defined in section 289A.02,
subdivision 7.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
24. Minnesota Statutes 2006, section
297G.01, subdivision 9, is amended to read:
Subd. 9. Internal Revenue Code. Unless specifically defined otherwise,
"Internal Revenue Code" means the Internal Revenue Code of 1986,
as amended through December 31, 1996 as defined in section 289A.02,
subdivision 7.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
25. Minnesota Statutes 2006, section
297H.09, is amended to read:
297H.09 BAD DEBTS.
The
remitter of the solid waste management tax may offset against the tax payable,
with respect to any reporting period, the amount of tax imposed by this chapter
previously remitted to the commissioner of revenue which qualified as a bad
debt under section 166(a) of the Internal Revenue Code, as amended
through December 31, 1993 defined in section 289A.02, subdivision 7,
during such reporting period, but only in proportion to the portion of such
debt which became uncollectable. This
section applies only to accrual basis remitters that remit tax before it is
collected and to the extent they are unable to collect the tax.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE
12
DEPARTMENT
INDIVIDUAL INCOME AND CORPORATE FRANCHISE TAXES
Section
1. Minnesota Statutes 2006, section
289A.18, subdivision 1, as amended by Laws 2008, chapter 154, article 11,
section 5, is amended to read:
Subdivision
1. Individual
income, fiduciary income, corporate franchise, and entertainment taxes;
partnership and S corporation returns; information returns; mining company
returns. The returns required to be
made under sections 289A.08 and 289A.12 must be filed at the following
times:
(1)
returns made on the basis of the calendar year must be filed on April 15 following
the close of the calendar year, except that returns of corporations must be
filed on March 15 following the close of the calendar year;
(2)
returns made on the basis of the fiscal year must be filed on the 15th day of
the fourth month following the close of the fiscal year, except that returns of
corporations must be filed on the 15th day of the third month following the
close of the fiscal year;
(3)
returns for a fractional part of a year must be filed on the 15th day of the
fourth month following the end of the month in which falls the last day of the
period for which the return is made, except that the returns of corporations
must be filed on the 15th day of the third month following the end of the tax
year; or, in the case of a corporation which is a member of a unitary group,
the return of the corporation must be filed on the 15th day of the third month
following the end of the tax year of the unitary group in which falls the
last day of the period for which the return is made;
(4)
in the case of a final return of a decedent for a fractional part of a year,
the return must be filed on the 15th day of the fourth month following the
close of the 12-month period that began with the first day of that fractional
part of a year;
(5)
in the case of the return of a cooperative association, returns must be filed
on or before the 15th day of the ninth month following the close of the taxable
year;
(6)
if a corporation has been divested from a unitary group and files a return for
a fractional part of a year in which it was a member of a unitary business that
files a combined report under section 290.34 290.17, subdivision 2
4, the divested corporation's return must be filed on the 15th day of the
third month following the close of the common accounting period that includes
the fractional year;
(7)
returns of entertainment entities must be filed on April 15 following the close
of the calendar year;
(8)
returns required to be filed under section 289A.08, subdivision 4, must be
filed on the 15th day of the fifth month following the close of the taxable
year;
(9)
returns of mining companies must be filed on May 1 following the close of the
calendar year; and
(10)
returns required to be filed with the commissioner under section 289A.12,
subdivision 2 or 4 to 10, must be filed within 30 days after being demanded by
the commissioner.
EFFECTIVE DATE. This section is effective the day following final enactment
except that the change in clause (6) is effective for taxable years beginning
after December 31, 2007.
Sec.
2. Minnesota Statutes 2006, section
290.01, subdivision 6b, is amended to read:
Subd.
6b. Foreign operating corporation.
The term "foreign operating corporation," when applied to a
corporation, means a domestic corporation with the following characteristics:
(1)
it is part of a unitary business at least one member of which is taxable in
this state;
(2)
it is not a foreign sales corporation under section 922 of the Internal Revenue
Code, as amended through December 31, 1999, for the taxable year;
(3)(i)
the average of the percentages of its property and payrolls, including the pro
rata share of its unitary partnerships' property and payrolls, assigned to
locations outside the United States, where the United States includes the
District of Columbia and excludes the commonwealth of Puerto Rico and
possessions of the United States, as determined under section 290.191 or
290.20, is 80 percent or more; or (ii) it has in effect a valid election under
section 936 of the Internal Revenue Code; and
(4)
it has a minimum of $1,000,000 of payroll and $2,000,000 of property, as
determined under section 290.191 or 290.20, that are located outside the United
States. If the domestic corporation
does not have payroll as determined under section 290.191 or 290.20, but it or
its partnerships have paid $1,000,000 for work, performed directly for the
domestic corporation or the partnerships, outside the United States, then
paragraph (3)(i) shall not require payrolls to be included in the average
calculation.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. Minnesota Statutes 2006, section
290.068, subdivision 3, is amended to read:
Subd.
3. Limitation;
carryover. (a)(1) The credit for
the taxable year shall not exceed the liability for tax. "Liability for
tax" for purposes of this section means the tax imposed under this
chapter section 290.06, subdivision 1, for the taxable year reduced
by the sum of the nonrefundable credits allowed under this chapter.
(2)
In the case of a corporation which is a partner in a partnership, the credit
allowed for the taxable year shall not exceed the lesser of the amount
determined under clause (1) for the taxable year or an amount (separately
computed with respect to the corporation's interest in the trade or business or
entity) equal to the amount of tax attributable to that portion of taxable
income which is allocable or apportionable to the corporation's interest in the
trade or business or entity.
(b)
If the amount of the credit determined under this section for any taxable year
exceeds the limitation under clause (a), the excess shall be a research credit
carryover to each of the 15 succeeding taxable years. The entire amount of the excess unused credit for the taxable
year shall be carried first to the earliest of the taxable years to which the
credit may be carried and then to each successive year to which the credit may
be carried. The amount of the unused
credit which may be added under this clause shall not exceed the taxpayer's
liability for tax less the research credit for the taxable year.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007.
Sec.
4. Minnesota Statutes 2006, section
290.07, subdivision 1, is amended to read:
Subdivision
1. Annual
accounting period. Net income and
taxable net income shall be computed upon the basis of the taxpayer's annual
accounting period. If a taxpayer has no
annual accounting period, or has one other than a fiscal year, as heretofore
defined, the net income and taxable net income shall be computed on the basis
of the calendar year. Taxpayers shall
employ the same accounting period on which they report, or would be required to
report, their net income under the Internal Revenue Code. The commissioner shall provide by rule for
the determination of the accounting period for taxpayers who file a combined
report under section 290.34 290.17, subdivision 2 4,
when members of the group use different accounting periods for federal income
tax purposes. Unless the taxpayer
changes its accounting period for federal purposes, the due date of the return
is not changed.
A
taxpayer may change accounting periods only with the consent of the
commissioner. In case of any such
change, the taxpayer shall pay a tax for the period not included in either the
taxpayer's former or newly adopted taxable year, computed as provided in
section 290.32.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007.
Sec.
5. Minnesota Statutes 2006, section
290.21, subdivision 4, is amended to read:
Subd.
4. Dividends
received from another corporation.
(a)(1) Eighty percent of dividends received by a corporation during the
taxable year from another corporation, in which the recipient owns 20 percent
or more of the stock, by vote and value, not including stock described in
section 1504(a)(4) of the Internal Revenue Code when the corporate stock with
respect to which dividends are paid does not constitute the stock in trade of
the taxpayer or would not be included in the inventory of the taxpayer, or does
not constitute property held by the taxpayer primarily for sale to customers in
the ordinary course of the taxpayer's trade or business, or when the trade or
business of the taxpayer does not consist principally of the holding of the
stocks and the collection of the income and gains therefrom; and
(2)(i)
the remaining 20 percent of dividends if the dividends received are the stock
in an affiliated company transferred in an overall plan of reorganization and
the dividend is eliminated in consolidation under Treasury Department
Regulation 1.1502-14(a), as amended through December 31, 1989;
(ii)
the remaining 20 percent of dividends if the dividends are received from a
corporation which is subject to tax under section 290.36 and which is a member
of an affiliated group of corporations as defined by the Internal Revenue Code
and the dividend is eliminated in consolidation under Treasury Department
Regulation 1.1502-14(a), as amended through December 31, 1989, or is deducted
under an election under section 243(b) of the Internal Revenue Code; or
(iii)
the remaining 20 percent of the dividends if the dividends are received from a
property and casualty insurer as defined under section 60A.60, subdivision 8,
which is a member of an affiliated group of corporations as defined by the
Internal Revenue Code and either: (A)
the dividend is eliminated in consolidation under Treasury Regulation
1.1502-14(a), as amended through December 31, 1989; or (B) the dividend is
deducted under an election under section 243(b) of the Internal Revenue Code.
(b)
Seventy percent of dividends received by a corporation during the taxable year
from another corporation in which the recipient owns less than 20 percent of the
stock, by vote or value, not including stock described in section 1504(a)(4) of
the Internal Revenue Code when the corporate stock with respect to which
dividends are paid does not constitute the stock in trade of the taxpayer, or
does not constitute property held by the taxpayer primarily for sale to
customers in the ordinary course of the taxpayer's trade or business, or when
the trade or business of the taxpayer does not consist principally of the
holding of the stocks and the collection of income and gain therefrom.
(c)
The dividend deduction provided in this subdivision shall be allowed only with
respect to dividends that are included in a corporation's Minnesota taxable net
income for the taxable year.
The
dividend deduction provided in this subdivision does not apply to a dividend
from a corporation which, for the taxable year of the corporation in which the
distribution is made or for the next preceding taxable year of the corporation,
is a corporation exempt from tax under section 501 of the Internal Revenue
Code.
The
dividend deduction provided in this subdivision applies to the amount of
regulated investment company dividends only to the extent determined under
section 854(b) of the Internal Revenue Code.
The
dividend deduction provided in this subdivision shall not be allowed with
respect to any dividend for which a deduction is not allowed under the
provisions of section 246(c) of the Internal Revenue Code.
(d)
If dividends received by a corporation that does not have nexus with Minnesota under
the provisions of Public Law 86-272 are included as income on the return of an
affiliated corporation permitted or required to file a combined report under
section 290.17, subdivision 4 or 290.34, subdivision 2, then for
purposes of this subdivision the determination as to whether the trade or
business of the corporation consists principally of the holding of stocks and
the collection of income and gains therefrom shall be made with reference to
the trade or business of the affiliated corporation having a nexus with
Minnesota.
(e)
The deduction provided by this subdivision does not apply if the dividends are
paid by a FSC as defined in section 922 of the Internal Revenue Code.
(f)
If one or more of the members of the unitary group whose income is included on
the combined report received a dividend, the deduction under this subdivision
for each member of the unitary business required to file a return under this
chapter is the product of: (1) 100
percent of the dividends received by members of the group; (2) the
percentage allowed pursuant to paragraph (a) or (b); and (3) the percentage of
the taxpayer's business income apportionable to this state for the taxable year
under section 290.191 or 290.20.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007.
Sec.
6. Minnesota Statutes 2006, section
290.92, subdivision 26, is amended to read:
Subd.
26. Extension of withholding to certain payments where identifying number
not furnished or inaccurate. (a)
If, in the case of any reportable payment, (1) the payee fails to furnish the
payee's Social Security account number to the payor, or (2) the payee
is subject to federal backup withholding on the reportable payment under
section 3406 of the Internal Revenue Code, or (3) the commissioner notifies
the payor that the Social Security account number furnished by the payee is
incorrect, then the payor shall deduct and withhold from the payment a tax
equal to the amount of the payment multiplied by the highest rate used in
determining the income tax liability of an individual under section 290.06,
subdivision 2c.
(b)(1)
In the case of any failure described in clause (a)(1), clause (a) shall apply
to any reportable payment made by the payor during the period during which the
Social Security account number has not been furnished.
(2)
In any case where there is a notification described in clause (a)(2)(3),
clause (a) shall apply to any reportable payment made by the payor (i) after
the close of the 30th day after the day on which the payor received the
notification, and (ii) before the payee furnishes another Social Security
account number.
(3)(i)
Unless the payor elects not to have this subparagraph apply with respect to the
payee, clause (a) shall also apply to any reportable payment made after the
close of the period described in paragraph (1) or (2) (as the case may be) and
before the 30th day after the close of the period.
(ii)
If the payor elects the application of this subparagraph with respect to the
payee, clause (a) shall also apply to any reportable payment made during the
30-day period described in paragraph (2).
(iii)
The payor may elect a period shorter than the grace period set forth in
subparagraph (i) or (ii) as the case may be.
(c)
The provisions of section 3406 of the Internal Revenue Code shall apply and
shall govern when withholding shall be required and the definition of
terms. The term "reportable
payment" shall include only those payments for personal services. No tax shall be deducted or withheld under
this subdivision with respect to any amount for which withholding is otherwise
required under this section. For
purposes of this section, payments which are subject to withholding under this
subdivision shall be treated as if they were wages paid by an employer to an
employee and amounts deducted and withheld under this subdivision shall be
treated as if deducted and withheld under subdivision 2a.
(d)
Whenever the commissioner notifies a payor under this subdivision that the
Social Security account number furnished by any payee is incorrect, the
commissioner shall at the same time furnish a copy of the notice to the payor,
and the payor shall promptly furnish the copy to the payee. If the commissioner notifies a payor under
this subdivision that the Social Security account number furnished by any payee
is incorrect and the payee subsequently furnishes another Social Security
account number to the payor, the payor shall promptly notify the commissioner
of the other Social Security account number furnished.
EFFECTIVE DATE. This section is effective for payments made after December 31,
2008.
Sec.
7. Minnesota Statutes 2006, section
290.92, subdivision 31, as added by Laws 2008, chapter 154, article 3, section
8, is amended to read:
Subd.
31. Payments to persons who are not employees. (a) For purposes of this subdivision,
"contractor" means a person carrying on a trade or business described
in industry code numbers 23 through 238990 of the North American Industry
Classification System.
(b)
A contractor or a third-party bulk filer acting on behalf of a contractor,
who makes payments to an individual, carrying on a trade or business
described in paragraph (a) as a sole proprietorship, must deduct and
withhold two percent of the payment as Minnesota withholding tax when the
amount the contractor paid to that individual during the calendar year exceeds
$600.
(c)
A payment subject to withholding under this subdivision must be treated as if
the payment were a wage paid by an employer to an employee. The requirements in the definitions of
"employee" and "employer" in subdivision 1 relating to
geographic location apply in determining whether withholding tax applies under
this subdivision, but
without
regard to whether the contractor or the individual otherwise satisfy the
definition of an employer or an employee.
Each recipient of a payment subject to withholding under this
subdivision must furnish the contractor with a statement of the recipient's
name, address, and Social Security account number.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
8. REPEALER.
Minnesota
Rules, part 8031.0100, subpart 3, is repealed effective the day following final
enactment.
Minnesota
Rules, part 8093.2100, is repealed effective the day following final enactment.
ARTICLE
13
DEPARTMENT
SALES AND USE TAXES
Section
1. Minnesota Statutes 2006, section
289A.55, is amended by adding a subdivision to read:
Subd.
10. Relief
for purchasers. A purchaser
that meets the requirements of section 297A.995, subdivision 11, is relieved
from the imposition of interest on tax and penalty.
EFFECTIVE DATE. This section is effective for sales and purchases made after
December 31, 2008.
Sec.
2. Minnesota Statutes 2006, section
289A.60, is amended by adding a subdivision to read:
Subd.
30. Relief
for purchasers. A purchaser
that meets the requirements of section 297A.995, subdivision 11, is relieved
from the imposition of penalty.
EFFECTIVE DATE. This section is effective for sales and purchases made after
December 31, 2008.
Sec.
3. Minnesota Statutes 2006, section
297A.61, subdivision 29, is amended to read:
Subd.
29. State. Unless specifically
provided otherwise, "state" means any state of the United States,
the Commonwealth of Puerto Rico, and the District of Columbia.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
4. Minnesota Statutes 2006, section
297A.665, as amended by Laws 2008, chapter 154, article 12, section 20, is
amended to read:
297A.665 PRESUMPTION OF TAX;
BURDEN OF PROOF.
(a)
For the purpose of the proper administration of this chapter and to prevent
evasion of the tax, until the contrary is established, it is presumed
that:
(1)
all gross receipts are subject to the tax; and
(2)
all retail sales for delivery in Minnesota are for storage, use, or other
consumption in Minnesota.
(b)
The burden of proving that a sale is not a taxable retail sale is on the
seller. However, a seller is relieved
of liability if:
(1)
the seller obtains a fully completed exemption certificate or all the relevant
information required by section 297A.72, subdivision 2, at the time of the sale
or within 90 days after the date of the sale; or
(2)
if the seller has not obtained a fully completed exemption certificate or all
the relevant information required by section 297A.72, subdivision 2, within the
time provided in clause (1), within 120 days after a request for substantiation
by the commissioner, the seller either:
(i)
obtains in good faith a fully completed exemption certificate or all the
relevant information required by section 297A.72, subdivision 2, from the
purchaser; or
(ii)
proves by other means that the transaction was not subject to tax.
(c)
Notwithstanding paragraph (b), relief from liability does not apply to a seller
who:
(1)
fraudulently fails to collect the tax; or
(2)
solicits purchasers to participate in the unlawful claim of an exemption.
(d)
A certified service provider, as defined in section 297A.995, subdivision 2, is
relieved of liability under this section to the extent a seller who is its
client is relieved of liability.
(d) (e) A purchaser of
tangible personal property or any items listed in section 297A.63 that are
shipped or brought to Minnesota by the purchaser has the burden of proving that
the property was not purchased from a retailer for storage, use, or consumption
in Minnesota.
EFFECTIVE DATE. This section is effective retroactively for sales and
purchases made after December 31, 2007.
Sec.
5. Minnesota Statutes 2006, section
297A.67, subdivision 7, as amended by Laws 2008, chapter 154, article 12,
section 26, is amended to read:
Subd.
7. Drugs;
medical devices. (a) Sales of the
following drugs and medical devices for human use are exempt:
(1)
drugs for human use, including over-the-counter drugs;
(2)
single-use finger-pricking devices for the extraction of blood and other
single-use devices and single-use diagnostic agents used in diagnosing,
monitoring, or treating diabetes;
(3)
insulin and medical oxygen for human use, regardless of whether prescribed or
sold over the counter;
(4)
prosthetic devices;
(5)
durable medical equipment for home use only;
(6)
mobility enhancing equipment;
(7)
prescription corrective eyeglasses; and
(8)
kidney dialysis equipment, including repair and replacement parts.
(b)
For purposes of this subdivision:
(1)
"Drug" means a compound, substance, or preparation, and any component
of a compound, substance, or preparation, other than food and food ingredients,
dietary supplements, or alcoholic beverages that is:
(i)
recognized in the official United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, or official National Formulary, and
supplement to any of them;
(ii)
intended for use in the diagnosis, cure, mitigation, treatment, or prevention
of disease; or
(iii)
intended to affect the structure or any function of the body.
(2)
"Durable medical equipment" means equipment, including repair and
replacement parts, but not including mobility enhancing equipment, that:
(i)
can withstand repeated use;
(ii)
is primarily and customarily used to serve a medical purpose;
(iii)
generally is not useful to a person in the absence of illness or injury; and
(iv)
is not worn in or on the body.
For
purposes of this clause, "repair and replacement parts" includes all
components or attachments used in conjunction with the durable medical
equipment, but does not include repair and replacement parts which are for
single patient use only.
(3)
"Mobility enhancing equipment" means equipment, including repair and
replacement parts, but not including durable medical equipment, that:
(i)
is primarily and customarily used to provide or increase the ability to move
from one place to another and that is appropriate for use either in a home or a
motor vehicle;
(ii)
is not generally used by persons with normal mobility; and
(iii)
does not include any motor vehicle or equipment on a motor vehicle normally
provided by a motor vehicle manufacturer.
(4)
"Over-the-counter drug" means a drug that contains a label that
identifies the product as a drug as required by Code of Federal Regulations,
title 21, section 201.66. The label
must include a "drug facts" panel or a statement of the active
ingredients with a list of those ingredients contained in the compound,
substance, or preparation.
Over-the-counter drugs do not include grooming and hygiene products,
regardless of whether they otherwise meet the definition. "Grooming and
hygiene products" are soaps, cleaning solutions, shampoo, toothpaste,
mouthwash, antiperspirants, and suntan lotions and sunscreens.
(5)
"Prescribed" and "prescription" means a direction in the
form of an order, formula, or recipe issued in any form of oral, written,
electronic, or other means of transmission by a duly licensed health care
professional.
(6)
"Prosthetic device" means a replacement, corrective, or supportive
device, including repair and replacement parts, worn on or in the body to:
(i)
artificially replace a missing portion of the body;
(ii)
prevent or correct physical deformity or malfunction; or
(iii)
support a weak or deformed portion of the body.
Prosthetic device does not
include corrective eyeglasses.
(7)
"Kidney dialysis equipment" means equipment that:
(i)
is used to remove waste products that build up in the blood when the kidneys
are not able to do so on their own; and
(ii)
can withstand repeated use, including multiple use by a single patient,
notwithstanding the provisions of clause (2).
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
6. Minnesota Statutes 2006, section
297A.995, subdivision 10, is amended to read:
Subd.
10. Relief from certain liability.
(a) Notwithstanding subdivision 9, sellers and certified service
providers are relieved from liability to the state for having charged and
collected the incorrect amount of sales or use tax resulting from the seller or
certified service provider (1) relying on erroneous data provided by this
state the commissioner in the database files on tax rates,
boundaries, or taxing jurisdiction assignments, or (2) relying on erroneous
data provided by the state in its taxability matrix concerning the taxability
of products and services.
(b)
Notwithstanding subdivision 9, sellers and certified service providers are
relieved from liability to the state for having charged and collected the
incorrect amount of sales or use tax resulting from the seller or certified
service provider relying on the certification by the commissioner as to the
accuracy of a certified automated system as to the taxability of product
categories. The relief from liability
provided by this paragraph does not apply when the sellers or certified service
providers have incorrectly classified an item or transaction into a product
category, unless the item or transaction within a product category was approved
by the commissioner or approved jointly by the states that are signatories to
the agreement. The sellers and
certified service providers must revise a classification within ten days after
receipt of notice from the commissioner that an item or transaction within a
product category is incorrectly classified as to its taxability, or they are
not relieved from liability for the incorrect classification following the
notification.
EFFECTIVE DATE. This section is effective retroactively for sales and
purchases made after December 31, 2007.
Sec.
7. Minnesota Statutes 2006, section
297A.995, is amended by adding a subdivision to read:
Subd.
11. Purchaser
relief from certain liability. (a)
Notwithstanding other provisions in the law, a purchaser is relieved from
liability resulting from having paid the incorrect amount of sales or use tax
if a purchaser, whether or not holding a direct pay permit, or a purchaser's
seller or certified service provider relied on erroneous data provided by this
state in the database files on tax rates, boundaries, taxing jurisdiction
assignments, or in the taxability matrix.
After providing an address-based database for assigning taxing
jurisdictions and their associated rates, no relief for errors resulting from
the purchaser's reliance on a database using zip codes is allowed.
(b)
With respect to reliance on the taxability matrix provided by this state in
paragraph (a), relief is limited to erroneous classifications in the taxability
matrix for items included within the classifications as "taxable,"
"exempt," "included in sales price," "excluded from
sales price," "included in the definition," and "excluded
from the definition."
EFFECTIVE DATE. This section is effective for sales and purchases made after
December 31, 2008.
Sec.
8. Minnesota Statutes 2006, section
297A.995, is amended by adding a subdivision to read:
Subd.
12. Database
files. For purposes of this
section, "database files on tax rates, boundaries, and taxing jurisdiction
assignments" and the "taxability matrix" means those databases
and the taxability matrix required under the agreement.
EFFECTIVE DATE. This section is effective retroactively for sales and
purchases made after December 31, 2007.
ARTICLE
14
DEPARTMENT
SPECIAL TAXES AND FEES
Section
1. Minnesota Statutes 2007 Supplement,
section 115A.1314, subdivision 2, is amended to read:
Subd.
2. Creation
of account; appropriations. (a) The
electronic waste account is established in the environmental fund. The commissioner of revenue must deposit
receipts from the fee established in subdivision 1 in the account. Any interest earned on the account must be
credited to the account. Money from
other sources may be credited to the account.
Beginning in the second program year and continuing each program year
thereafter, as of the last day of each program year, the commissioner of
revenue shall determine the total amount of the variable fees that were
collected. By July 15, 2009, and
each July 15 thereafter, the commissioner of the Pollution Control Agency shall
inform the commissioner of revenue of the amount necessary to operate the
program in the new program year. To
the extent that the total fees collected by the commissioner of revenue in
connection with this section exceeds exceed the amount the
commissioner of the Pollution Control Agency determines necessary to
operate the program for the new program year, the commissioner of revenue shall
refund on a pro rata basis, to all manufacturers who paid any fees for the
previous program year, the amount of fees collected by the commissioner of
revenue in excess of the amount necessary to operate the program for the
new program year. No individual refund
is required of amounts of $100 or less for a fiscal year. Manufacturers who report collections less
than 50 percent of their obligation for the previous program year are not
eligible for a refund. Amounts not
refunded pursuant to this paragraph shall remain in the account. The commissioner of revenue shall issue
refunds by August 10. In lieu of
issuing a refund, the commissioner of revenue may grant credit against a
manufacturer's variable fee due by September 1.
(b)
Until June 30, 2009, money in the account is annually appropriated to the
Pollution Control Agency:
(1)
for the purpose of implementing sections 115A.1312 to 115A.1330, including
transfer to the commissioner of revenue to carry out the department's duties
under section 115A.1320, subdivision 2, and transfer to the commissioner of
administration for responsibilities under section 115A.1324; and
(2)
to the commissioner of the Pollution Control Agency to be distributed on a
competitive basis through contracts with counties outside the 11-county
metropolitan area, as defined in paragraph (c), and with private entities that
collect for recycling covered electronic devices in counties outside the
11-county metropolitan area, where the collection and recycling is consistent
with the respective county's solid waste plan, for the purpose of carrying out
the activities under sections 115A.1312 to 115A.1330. In awarding competitive grants under this clause, the
commissioner must give preference to counties and private entities that are
working cooperatively with manufacturers to help them meet their recycling
obligations under section 115A.1318, subdivision 1.
(c)
The 11-county metropolitan area consists of the counties of Anoka, Carver,
Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and
Wright.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. Minnesota Statutes 2006, section
270C.56, subdivision 1, as amended by Laws 2008, chapter 154, article 15,
section 7, is amended to read:
Subdivision
1. Liability
imposed. A person who, either
singly or jointly with others, has the control of, supervision of, or
responsibility for filing returns or reports, paying taxes, or collecting or
withholding and remitting taxes and who fails to do so, or a person who is
liable under any other law, is liable for the payment of taxes, penalties, and
interest arising under chapters 295, 296A, 297A, 297F, and 297G, or sections 256.9658,
290.92, and 297E.02, and, for the taxes listed in this subdivision,
the applicable penalties for nonpayment under section 289A.60.
EFFECTIVE DATE. This section is effective for fees due after June 30, 2008.
Sec.
3. Minnesota Statutes 2006, section
295.50, subdivision 4, is amended to read:
Subd.
4. Health
care provider. (a) "Health
care provider" means:
(1)
a person whose health care occupation is regulated or required to be regulated
by the state of Minnesota furnishing any or all of the following goods or
services directly to a patient or consumer:
medical, surgical, optical, visual, dental, hearing, nursing services,
drugs, laboratory, diagnostic or therapeutic services;
(2)
a person who provides goods and services not listed in clause (1) that qualify
for reimbursement under the medical assistance program provided under chapter
256B;
(3)
a staff model health plan company;
(4)
an ambulance service required to be licensed; or
(5)
a person who sells or repairs hearing aids and related equipment or
prescription eyewear.
(b)
Health care provider does not include:
(1)
hospitals; medical supplies distributors, except as specified under paragraph
(a), clause (5); nursing homes licensed under chapter 144A or licensed in any
other jurisdiction; wholesale drug distributors; pharmacies; surgical
centers; bus and taxicab transportation, or any other providers of
transportation services other than ambulance services required to be licensed;
supervised living facilities for persons with developmental disabilities,
licensed under Minnesota Rules, parts 4665.0100 to 4665.9900; housing with
services establishments required to be registered under chapter 144D; board and
lodging establishments providing only custodial services that are licensed
under chapter 157 and registered under section 157.17 to provide supportive
services or health supervision services; adult foster homes as defined in
Minnesota Rules, part 9555.5105; day training and habilitation services for
adults with developmental disabilities as defined in section 252.41,
subdivision 3; boarding care homes, as defined in Minnesota Rules, part
4655.0100; and adult day care centers as defined in Minnesota Rules, part
9555.9600;
(2)
home health agencies as defined in Minnesota Rules, part 9505.0175, subpart 15;
a person providing personal care services and supervision of personal care
services as defined in Minnesota Rules, part 9505.0335; a person providing
private duty nursing services as defined in Minnesota Rules, part 9505.0360;
and home care providers required to be licensed under chapter 144A;
(3)
a person who employs health care providers solely for the purpose of providing
patient services to its employees; and
(4)
an educational institution that employs health care providers solely for the
purpose of providing patient services to its students if the institution does
not receive fee for service payments or payments for extended coverage; and
(5)
a person who receives all payments for patient services from health care
providers, surgical centers, or hospitals for goods and services that are
taxable to the paying health care providers, surgical centers, or hospitals, as
provided under section 295.53, subdivision 1, clause (3) or (4), or from a
source of funds that is exempt from tax under this chapter.
EFFECTIVE DATE. Paragraph (b), clause (1), is effective the day following
final enactment. Paragraph (b), clause
(5), is effective for payments received after June 30, 2008.
Sec.
4. Minnesota Statutes 2006, section
295.52, subdivision 4, as amended by Laws 2008, chapter 154, article 14, section
5, is amended to read:
Subd.
4. Use
tax; prescription legend drugs. (a) A person that receives prescription legend
drugs for resale or use in Minnesota, other than from a wholesale drug
distributor that is subject to tax under subdivision 3, is subject to a tax
equal to the price paid to the wholesale drug distributor for the
legend drugs multiplied by the tax percentage specified in this
section. Liability for the tax is
incurred when prescription legend drugs are received or delivered
in Minnesota by the person.
(b)
A tax imposed under this subdivision does not apply to purchases by an
individual for personal consumption.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
5. Minnesota Statutes 2006, section 296A.07,
subdivision 4, is amended to read:
Subd. 4. Exemptions. The provisions of subdivision 1 do not apply to gasoline or
denatured ethanol purchased by:
(1)
a transit system or transit provider receiving financial assistance or
reimbursement under section 174.24, 256B.0625, subdivision 17, or 473.384; or
(2)
an ambulance service licensed under chapter 144E; or
(3)
a licensed distributor to be delivered to a terminal for use in blending.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
6. Minnesota Statutes 2006, section
296A.08, subdivision 3, is amended to read:
Subd.
3. Exemptions. The provisions of subdivisions 1 and 2 do
not apply to special fuel or alternative fuels purchased by:
(1)
a transit system or transit provider receiving financial assistance or
reimbursement under section 174.24, 256B.0625, subdivision 17, or 473.384; or
(2)
an ambulance service licensed under chapter 144E; or
(3)
a licensed distributor to be delivered to a terminal for use in blending.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
7. Minnesota Statutes 2006, section
297F.21, subdivision 1, is amended to read:
Subdivision
1. Contraband
defined. The following are declared
to be contraband and therefore subject to civil and criminal penalties under
this chapter:
(a)
Cigarette packages which do not have stamps affixed to them as provided in this
chapter, including but not limited to (i) packages with illegible stamps and
packages with stamps that are not complete or whole even if the stamps are
legible, and (ii) all devices for the vending of cigarettes in which packages
as defined in item (i) are found, including all contents contained within the
devices.
(b)
A device for the vending of cigarettes and all packages of cigarettes, where
the device does not afford at least partial visibility of contents. Where any package exposed to view does not
carry the stamp required by this chapter, it shall be presumed that all
packages contained in the device are unstamped and contraband.
(c)
A device for the vending of cigarettes to which the commissioner or authorized
agents have been denied access for the inspection of contents. In lieu of seizure, the commissioner or an
agent may seal the device to prevent its use until inspection of contents is
permitted.
(d)
A device for the vending of cigarettes which does not carry the name and
address of the owner, plainly marked and visible from the front of the machine.
(e)
A device including, but not limited to, motor vehicles, trailers, snowmobiles,
airplanes, and boats used with the knowledge of the owner or of a person
operating with the consent of the owner for the storage or transportation of
more than 5,000 cigarettes which are contraband under this subdivision. When cigarettes are being transported in the
course of interstate commerce, or are in movement from either a public
warehouse to a distributor upon orders from a manufacturer or distributor, or
from one distributor to another, the cigarettes are not contraband,
notwithstanding the provisions of clause (a).
(f)
A device including, but not limited to, motor vehicles, trailers, snowmobiles,
airplanes, and boats used with the knowledge of the owner, or of a person
operating with the consent of the owner, for the storage or transportation of
untaxed tobacco products intended for sale in Minnesota other than those in the
possession of a licensed distributor on or before the due date for payment of
the tax under section 297F.09, subdivision 2.
(g)
Cigarette packages or tobacco products obtained from an unlicensed seller.
(h)
Cigarette packages offered for sale or held as inventory in violation of
section 297F.20, subdivision 7.
(i)
Tobacco products on which the tax has not been paid by a licensed distributor.
(j)
Any cigarette packages or tobacco products offered for sale or held as
inventory for which there is not an invoice from a licensed seller as required
under section 297F.13, subdivision 4.
(k)
Cigarette packages which have been imported into the United States in violation
of United States Code, title 26, section 5754.
All cigarettes held in violation of that section shall be presumed to
have entered the United States after December 31, 1999, in the absence of proof
to the contrary.
(l)
Cigarettes subject to forfeiture under section 299F.854, subdivision 5, and
cigarette packaging and markings, including the cigarettes contained therein,
which do not meet the requirements under section 299F.853, paragraph (a).
EFFECTIVE DATE. Property added in paragraph (l) of this section is contraband
effective December 1, 2008.
Sec.
8. Minnesota Statutes 2006, section
297I.05, subdivision 12, is amended to read:
Subd.
12. Other entities. (a) A tax
is imposed equal to two percent of:
(1)
gross premiums less return premiums written for risks resident or located in
Minnesota by a risk retention group;
(2)
gross premiums less return premiums received by an attorney in fact acting in
accordance with chapter 71A;
(3)
gross premiums less return premiums received pursuant to assigned risk policies
and contracts of coverage under chapter 79;
(4)
the direct funded premium received by the reinsurance association under section
79.34 from self-insurers approved under section 176.181 and political subdivisions
that self-insure; and
(5)
gross premiums less return premiums received by a nonprofit health service plan
corporation authorized under chapter 62C; and
(6) gross premiums less return
premiums paid to an insurer other than a licensed insurance company or a
surplus lines licensee for coverage of risks resident or located in Minnesota
by a purchasing group or any members of the purchasing group to a broker or
agent for the purchasing group.
(b)
A tax is imposed on a joint self-insurance plan operating under chapter
60F. The rate of tax is equal to two
percent of the total amount of claims paid during the fund year, with no
deduction for claims wholly or partially reimbursed through stop-loss
insurance.
(c)
A tax is imposed on a joint self-insurance plan operating under chapter
62H. The rate of tax is equal to two
percent of the total amount of claims paid during the fund's fiscal year, with
no deduction for claims wholly or partially reimbursed through stop-loss
insurance.
(d)
A tax is imposed equal to the tax imposed under section 297I.05, subdivision 5,
on the gross premiums less return premiums on all coverages received by an
accountable provider network or agents of an accountable provider network in
Minnesota, in cash or otherwise, during the year.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE
15
DEPARTMENT
PROPERTY TAXES AND AIDS
Section
1. Minnesota Statutes 2006, section
13.51, subdivision 3, is amended to read:
Subd.
3. Data
on income of individuals. Income
information on individuals collected and maintained by political subdivisions
to determine eligibility of property for class 4d under section 273.126
sections 273.128 and 273.13, is private data on individuals as defined in
section 13.02, subdivision 12.
EFFECTIVE DATE. This section is effective for data collected or maintained by
political subdivisions beginning the day following final enactment.
Sec.
2. Minnesota Statutes 2006, section
13.585, subdivision 5, is amended to read:
Subd.
5. Private
data on individuals. Income
information on individuals collected and maintained by a housing agency to
determine eligibility of property for class 4d under sections 273.126
273.128 and 273.13, is private data on individuals as defined in section 13.02,
subdivision 12. The data may be
disclosed to the county and local assessors responsible for determining
eligibility of the property for classification 4d.
EFFECTIVE DATE. This section is effective for data collected or maintained by
a housing agency beginning the day following final enactment.
Sec.
3. Minnesota Statutes 2006, section
272.02, subdivision 38, is amended to read:
Subd.
38. Conversion to exempt or taxable uses. (a) Any property, except property taxed as personal property
under section 273.125, that is exempt from taxation on January 2 of any
year which, due to sale or other reason, loses its exemption prior to July 1 of
any year, shall be placed on the current assessment rolls for that year.
The
valuation shall be determined with respect to its value on January 2 of such
year. The classification shall be based
upon the use to which the property was put by the purchaser, or in the event
the purchaser has not utilized the property by July 1, the intended use of the
property, determined by the county assessor, based upon all relevant facts.
(b)
Property, except property taxed as personal property under section 273.125,
that is subject to tax on January 2 that is acquired before July 1 of the
year is exempt for that assessment year if the property is to be used for an
exempt purpose under subdivisions 2 to 8.
(c)
Property which forfeits to the state for nonpayment of real estate taxes on or
before December 31 in an assessment year, shall be removed from the assessment
rolls for that assessment year.
Forfeited property that is repurchased, or sold at a public or private
sale, on or before December 31 of an assessment year shall be placed on the
assessment rolls for that year's assessment.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 273.1231, subdivision 7, is amended to read:
Subd.
7. Reassessed
market value. "Reassessed
market value" means the taxable market value of the property established
for the January 2 assessment in the year that the disaster or destruction
occurs, as adjusted by the county assessor or the commissioner of revenue to
reflect the loss in market value caused by the damage. As soon as practical, the assessor or
commissioner shall report the reassessed value to the county auditor.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
5. Minnesota Statutes 2007 Supplement,
section 273.1231, is amended by adding a subdivision to read:
Subd.
8. Utility
property. "Utility
property" means property appraised and classified for tax purposes by the
commissioner of revenue under sections 273.33 to 273.3711.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
6. Minnesota Statutes 2007 Supplement,
section 273.1232, subdivision 1, is amended to read:
Subdivision
1. Reassessments
required. For the purposes of
sections 273.1231 to 273.1235, the county assessor must reassess all damaged
property in a disaster or emergency area, and the county assessor or except
that the commissioner of revenue as appropriate shall reassess all
property for which an application is submitted to the commissioner under
section 273.1233 or 273.1235. As
soon as practical, the assessor or commissioner of revenue must report the
reassessed value to the county auditor.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
7. Minnesota Statutes 2007 Supplement,
section 273.1233, subdivision 1, is amended to read:
Subdivision
1. Abatement
authorization. (a) Notwithstanding
section 375.192, a county board may grant an abatement of net tax for homestead
and nonhomestead property under the provisions of this paragraph for taxes
payable in the year in which the destruction occurs if:
(1)
the owner submits a written application to the county assessor as soon as
practical after the damage has occurred;
(2)
the owner submits a written application to the county board as soon as
practical after the damage has occurred; and
(3)
the county assessor determines that 50 percent or more of a homestead dwelling
or other building has been (i) unintentionally
or accidentally destroyed, or (ii) destroyed by arson or vandalism by someone
other than the owner.
Abatements
granted under this paragraph are not subject to approval by the commissioner of
revenue.
(b)
Notwithstanding sections 270C.86 and 375.192, the commissioner of revenue may
grant an abatement of net tax for utility property that the
commissioner is required by law to appraise for taxes payable in the year
in which the destruction occurs if:
(1)
the owner submits a written application to the commissioner as soon as
practical after the damage has occurred;
(2)
the owner forwards a copy of the written application to the county board as
soon as practical after the damage has occurred; and
(3)
the commissioner determines that 50 percent or more of the property has been
(i) unintentionally or accidentally destroyed, or (ii) destroyed by arson or
vandalism by someone other than the owner.
Abatements
granted under this paragraph are not subject to approval by the county board of
the county where the property is located.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
8. Minnesota Statutes 2007 Supplement,
section 273.1233, subdivision 3, is amended to read:
Subd.
3. Reimbursement,
levy, and appropriation. (a) If the
destruction occurs as a result of a disaster or emergency and the property is
located in a disaster or emergency area, the county auditor shall certify the
abatements granted under this section to the commissioner of revenue for
reimbursement to each taxing jurisdiction in which the damaged property is
located. The commissioner shall make
the payments to the taxing jurisdictions
containing
the property, other than school districts and the state, at the time
distributions are made under section 473H.10, subdivision 3. Reimbursements to school districts shall be
made as provided in section 273.1392.
No reimbursement is to be paid to the state treasury.
(b)
Local taxing authorities may levy in the following year the amount of
unreimbursed tax dollars lost as a result of the reductions granted pursuant to
this subdivision section and sections 273.1234 and 273.1235 outside
of any statutory restriction as to levy amount or tax rate.
(c)
There is annually appropriated from the general fund to the commissioner of
revenue an amount necessary to make the payments required by this section.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
9. Minnesota Statutes 2007 Supplement,
section 273.1234, is amended to read:
273.1234 TAX RELIEF FOR
DESTROYED PROPERTY; HOMESTEAD AND DISASTER CREDITS.
Subdivision
1. Credit
provided. The county auditor shall
compute a credit for taxes payable in the year following the year in which the
damage or destruction occurred for each reassessed homestead property within
the county that is located within a disaster or emergency area. The credit is equal to the difference in the
net tax on the property computed using the market value of the property
established for the January 2 assessment in the year in which the damage
occurred and as computed using the reassessed value.
Subd.
2. Credit
reimbursements. The county auditor
shall certify the credits granted under this section to the commissioner of
revenue for reimbursement to each taxing jurisdiction in which the damaged
property is located. The commissioner
shall make the payments to the taxing jurisdictions containing the property,
other than school districts and the state, at the time distributions are made
under section 473H.10, subdivision 3.
Reimbursements to school districts shall be made as provided in section
273.1392. No reimbursement is to be
paid to the state treasury.
Subd.
3. Appropriation. There is annually appropriated from the
general fund to the commissioner of revenue an amount necessary to make the
payments required by this section.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
10. Minnesota Statutes 2007 Supplement,
section 273.1235, subdivision 1, is amended to read:
Subdivision
1. Credit
provided. The county board may
grant a credit for taxes payable in the year following the year in which the
damage or destruction occurred for: (1)
homestead properties property that meets all the requirements under
section 273.1233, subdivision 1, paragraph (a), but that do does
not qualify for a credit under section 273.1234, except that an application
need only be submitted by the end of the year in which the damage occurred;
and (2) nonhomestead and utility property meeting the requirements
that meets all the requirements under section 273.1233, subdivision 1,
paragraph (b), except that an application need only be submitted by the end of
the year in which the damage occurred.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
11. Minnesota Statutes 2007 Supplement,
section 273.1235, subdivision 3, is amended to read:
Subd.
3. Credit
reimbursements. The county auditor
shall certify the credits granted under this section for property within a
disaster or emergency area to the commissioner of revenue for reimbursement to
each taxing jurisdiction in which the damaged property is located. The commissioner shall make the payments to
the taxing
jurisdictions
containing the property, other than school districts and the state, at the time
distributions are made under section 473H.10, subdivision 3. Reimbursements to school districts shall be
made as provided in section 273.1392. No
reimbursement is to be paid to the state treasury. No reimbursement is to be made for credits to property not
located in a disaster or emergency area.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
12. Minnesota Statutes 2006, section
273.124, subdivision 13, as amended by Laws 2008, chapter 154, article 13,
section 29, is amended to read:
Subd.
13. Homestead application. (a)
A person who meets the homestead requirements under subdivision 1 must file a
homestead application with the county assessor to initially obtain homestead
classification.
(b)
The format and contents of a uniform homestead application shall be prescribed
by the commissioner of revenue. The
application must clearly inform the taxpayer that this application must be
signed by all owners who occupy the property or by the qualifying relative and
returned to the county assessor in order for the property to receive homestead
treatment.
(c)
Every property owner applying for homestead classification must furnish to the
county assessor the Social Security number of each occupant who is listed as an
owner of the property on the deed of record, the name and address of each owner
who does not occupy the property, and the name and Social Security number of
each owner's spouse who occupies the property.
The application must be signed by each owner who occupies the property
and by each owner's spouse who occupies the property, or, in the case of
property that qualifies as a homestead under subdivision 1, paragraph (c), by
the qualifying relative.
If
a property owner occupies a homestead, the property owner's spouse may not
claim another property as a homestead unless the property owner and the
property owner's spouse file with the assessor an affidavit or other proof
required by the assessor stating that the property qualifies as a homestead
under subdivision 1, paragraph (e).
Owners
or spouses occupying residences owned by their spouses and previously occupied
with the other spouse, either of whom fail to include the other spouse's name
and Social Security number on the homestead application or provide the
affidavits or other proof requested, will be deemed to have elected to receive
only partial homestead treatment of their residence. The remainder of the residence will be classified as nonhomestead
residential. When an owner or spouse's
name and Social Security number appear on homestead applications for two
separate residences and only one application is signed, the owner or spouse
will be deemed to have elected to homestead the residence for which the
application was signed.
The
Social Security numbers, state or federal tax returns or tax return
information, including the federal income tax schedule F required by this
section, or affidavits or other proofs of the property owners and spouses,
and the federal income tax schedule F required by this section,
submitted under this or another section to support a claim for a property tax
homestead classification are private data on individuals as defined by
section 13.02, subdivision 12, but, notwithstanding that section, the private
data may be disclosed to the commissioner of revenue, or, for purposes of
proceeding under the Revenue Recapture Act to recover personal property taxes
owing, to the county treasurer.
(d)
If residential real estate is occupied and used for purposes of a homestead by
a relative of the owner and qualifies for a homestead under subdivision 1,
paragraph (c), in order for the property to receive homestead status, a
homestead application must be filed with the assessor. The Social Security number of each relative
and spouse of a relative occupying the property shall be required on the
homestead application filed under this subdivision. If a different relative of the owner subsequently occupies the
property, the owner of the property must notify the assessor within 30 days of
the change in occupancy. The Social
Security number of a relative or relative's spouse occupying the property is
private data on individuals as defined by section 13.02, subdivision 12, but
may be disclosed to the commissioner of revenue, or, for the purposes of
proceeding under the Revenue Recapture Act to recover personal property taxes
owing, to the county treasurer.
(e)
The homestead application shall also notify the property owners that the
application filed under this section will not be mailed annually and that if
the property is granted homestead status for any assessment year, that same property
shall remain classified as homestead until the property is sold or transferred
to another person, or the owners, the spouse of the owner, or the relatives no
longer use the property as their homestead.
Upon the sale or transfer of the homestead property, a certificate of
value must be timely filed with the county auditor as provided under section
272.115. Failure to notify the assessor
within 30 days that the property has been sold, transferred, or that the owner,
the spouse of the owner, or the relative is no longer occupying the property as
a homestead, shall result in the penalty provided under this subdivision and
the property will lose its current homestead status.
(f)
If the homestead application is not returned within 30 days, the county will
send a second application to the present owners of record. The notice of proposed property taxes
prepared under section 275.065, subdivision 3, shall reflect the property's classification. If a homestead application has not been filed with the county by
December 15, the assessor shall classify the property as nonhomestead
for the current assessment year for taxes payable in the following year,
provided that the owner may be entitled to receive the homestead classification
by proper application under section 375.192.
(g)
At the request of the commissioner, each county must give the commissioner a
list that includes the name and Social Security number of each occupant of
homestead property who is the property owner, property owner's spouse,
qualifying relative of a property owner, or a spouse of a qualifying
relative. The commissioner shall use
the information provided on the lists as appropriate under the law, including
for the detection of improper claims by owners, or relatives of owners, under
chapter 290A.
(h)
If the commissioner finds that a property owner may be claiming a fraudulent
homestead, the commissioner shall notify the appropriate counties. Within 90 days of the notification, the
county assessor shall investigate to determine if the homestead classification
was properly claimed. If the property
owner does not qualify, the county assessor shall notify the county auditor who
will determine the amount of homestead benefits that had been improperly allowed. For the purpose of this section,
"homestead benefits" means the tax reduction resulting from the
classification as a homestead under section 273.13, the taconite homestead
credit under section 273.135, the residential homestead and agricultural
homestead credits under section 273.1384, and the supplemental homestead credit
under section 273.1391.
The
county auditor shall send a notice to the person who owned the affected
property at the time the homestead application related to the improper
homestead was filed, demanding reimbursement of the homestead benefits plus a
penalty equal to 100 percent of the homestead benefits. The person notified may appeal the county's
determination by serving copies of a petition for review with county officials
as provided in section 278.01 and filing proof of service as provided in
section 278.01 with the Minnesota Tax Court within 60 days of the date of the
notice from the county. Procedurally,
the appeal is governed by the provisions in chapter 271 which apply to the
appeal of a property tax assessment or levy, but without requiring any
prepayment of the amount in controversy.
If the amount of homestead benefits and penalty is not paid within 60
days, and if no appeal has been filed, the county auditor shall certify the
amount of taxes and penalty to the county treasurer. The county treasurer will add interest to the unpaid homestead
benefits and penalty amounts at the rate provided in section 279.03 for real
property taxes becoming delinquent in the calendar year during which the amount
remains unpaid. Interest may be
assessed for the period beginning 60 days after demand for payment was made.
If
the person notified is the current owner of the property, the treasurer may add
the total amount of homestead benefits, penalty, interest, and costs to the ad
valorem taxes otherwise payable on the property by including the amounts on the
property tax statements under section 276.04, subdivision 3. The amounts added under this paragraph to
the ad valorem taxes shall include interest accrued through December 31 of the
year preceding the taxes payable year for which the amounts are first
added. These amounts, when added to the
property tax statement, become subject to all the laws for the enforcement of
real or personal property taxes for that year, and for any subsequent year.
If
the person notified is not the current owner of the property, the treasurer may
collect the amounts due under the Revenue Recapture Act in chapter 270A, or use
any of the powers granted in sections 277.20 and 277.21 without exclusion, to
enforce payment of the homestead benefits, penalty, interest, and costs, as if
those amounts were delinquent tax obligations of the person who owned the
property at the time the application related to the improperly allowed
homestead was filed. The treasurer may
relieve a prior owner of personal liability for the homestead benefits,
penalty, interest, and costs, and instead extend those amounts on the tax lists
against the property as provided in this paragraph to the extent that the
current owner agrees in writing. On all
demands, billings, property tax statements, and related correspondence, the
county must list and state separately the amounts of homestead benefits,
penalty, interest and costs being demanded, billed or assessed.
(i)
Any amount of homestead benefits recovered by the county from the property
owner shall be distributed to the county, city or town, and school district
where the property is located in the same proportion that each taxing
district's levy was to the total of the three taxing districts' levy for the
current year. Any amount recovered
attributable to taconite homestead credit shall be transmitted to the St. Louis
County auditor to be deposited in the taconite property tax relief account. Any amount recovered that is attributable to
supplemental homestead credit is to be transmitted to the commissioner of
revenue for deposit in the general fund of the state treasury. The total amount of penalty collected must
be deposited in the county general fund.
(j)
If a property owner has applied for more than one homestead and the county
assessors cannot determine which property should be classified as homestead,
the county assessors will refer the information to the commissioner. The commissioner shall make the
determination and notify the counties within 60 days.
(k)
In addition to lists of homestead properties, the commissioner may ask the
counties to furnish lists of all properties and the record owners. The Social Security numbers and federal
identification numbers that are maintained by a county or city assessor for
property tax administration purposes, and that may appear on the lists retain
their classification as private or nonpublic data; but may be viewed, accessed,
and used by the county auditor or treasurer of the same county for the limited
purpose of assisting the commissioner in the preparation of microdata samples
under section 270C.12.
(l)
On or before April 30 each year beginning in 2007, each county must provide the
commissioner with the following data for each
parcel of homestead property by electronic means as defined in section 289A.02,
subdivision 8:
(i)
the property identification number assigned to the parcel for purposes of taxes
payable in the current year;
(ii)
the name and Social Security number of each occupant of homestead property who
is the property owner, property owner's spouse, qualifying relative of a
property owner, or spouse of a qualifying relative;
(iii)
the classification of the property under section 273.13 for taxes payable in the
current year and in the prior year;
(iv)
an indication of whether the property was classified as a homestead for taxes
payable in the current year because of occupancy by a relative of the owner or
by a spouse of a relative;
(v)
the property taxes payable as defined in section 290A.03, subdivision 13, for
the current year and the prior year;
(vi)
the market value of improvements to the property first assessed for tax
purposes for taxes payable in the current year;
(vii)
the assessor's estimated market value assigned to the property for taxes
payable in the current year and the prior year;
(viii)
the taxable market value assigned to the property for taxes payable in the
current year and the prior year;
(ix)
whether there are delinquent property taxes owing on the homestead;
(x)
the unique taxing district in which the property is located; and
(xi)
such other information as the commissioner decides is necessary.
The
commissioner shall use the information provided on the lists as appropriate under
the law, including for the detection of improper claims by owners, or relatives
of owners, under chapter 290A.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
13. Minnesota Statutes 2006, section
273.124, subdivision 21, is amended to read:
Subd.
21. Trust property; homestead.
Real property held by a trustee under a trust is eligible for
classification as homestead property if:
(1)
the grantor or surviving spouse of the grantor of the trust occupies and uses the
property as a homestead;
(2)
a relative or surviving relative of the grantor who meets the requirements of
subdivision 1, paragraph (c), in the case of residential real estate; or
subdivision 1, paragraph (d), in the case of agricultural property, occupies
and uses the property as a homestead;
(3)
a family farm corporation, joint farm venture, limited liability company, or
partnership operating a family farm in which the grantor or the grantor's
surviving spouse is a shareholder, member, or partner rents the property held
by a trustee under a trust, and the grantor, the spouse of the grantor,
or the son or daughter of the grantor, who is also a shareholder, member,
or partner of the corporation, joint farm venture, limited liability company,
or partnership occupies and uses the property as a homestead, or is actively
farming at least 40 acres, including undivided government lots and
correctional 40's the property on behalf of the corporation, joint farm
venture, limited liability company, or partnership; or
(4)
a person who has received homestead classification for property taxes payable
in 2000 on the basis of an unqualified legal right under the terms of the trust
agreement to occupy the property as that person's homestead and who continues
to use the property as a homestead or a person who received the homestead
classification for taxes payable in 2005 under clause (3) who does not qualify
under clause (3) for taxes payable in 2006 or thereafter but who continues to
qualify under clause (3) as it existed for taxes payable in 2005.
For
purposes of this subdivision, "grantor" is defined as the person
creating or establishing a testamentary, inter Vivos, revocable or irrevocable
trust by written instrument or through the exercise of a power of appointment.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
14. Minnesota Statutes 2006, section
273.13, subdivision 22, as amended by Laws 2008, chapter 154, article 2,
section 11, is amended to read:
Subd.
22. Class 1. (a) Except as
provided in subdivision 23 and in paragraphs (b) and (c), real estate which is
residential and used for homestead purposes is class 1a. In the case of a duplex or triplex in which
one of the units is used for homestead purposes, the entire property is deemed
to be used for homestead purposes. The
market value of class 1a property must be determined based upon the value of
the house, garage, and land.
The
first $500,000 of market value of class 1a property has a net class rate of one
percent of its market value; and the market value of class 1a property that
exceeds $500,000 has a class rate of 1.25 percent of its market value.
(b)
Class 1b property includes homestead real estate or homestead manufactured
homes used for the purposes of a homestead by
(1)
any person who is blind as defined in section 256D.35, or the blind person and
the blind person's spouse; or
(2)
any person who is permanently and totally disabled or by the disabled person
and the disabled person's spouse.; or
(3)
the surviving spouse of a permanently and totally disabled veteran homesteading
a property classified under this paragraph for taxes payable in 2008.
Property
is classified and assessed under clause (2) only if the government agency or
income-providing source certifies, upon the request of the homestead occupant,
that the homestead occupant satisfies the disability requirements of this
paragraph, and that the property is not eligible for the valuation exclusion
under subdivision 34.
Property
is classified and assessed under paragraph (b) only if the commissioner of
revenue or the county assessor certifies that the homestead occupant satisfies
the requirements of this paragraph.
Permanently
and totally disabled for the purpose of this subdivision means a condition which
is permanent in nature and totally incapacitates the person from working at an
occupation which brings the person an income.
The first $50,000 market value of class 1b property has a net class rate
of .45 percent of its market value. The
remaining market value of class 1b property has a class rate using the rates
for class 1a or class 2a property, whichever is appropriate, of similar market
value.
(c)
Class 1c property is commercial use real and personal property that abuts
public water as defined in section 103G.005, subdivision 15, and is devoted to
temporary and seasonal residential occupancy for recreational purposes but not
devoted to commercial purposes for more than 250 days in the year preceding the
year of assessment, and that includes a portion used as a homestead by the
owner, which includes a dwelling occupied as a homestead by a shareholder of a
corporation that owns the resort, a partner in a partnership that owns the
resort, or a member of a limited liability company that owns the resort even if
the title to the homestead is held by the corporation, partnership, or limited
liability company. For purposes of this
clause, property is devoted to a commercial purpose on a specific day if any
portion of the property, excluding the portion used exclusively as a homestead,
is used for residential occupancy and a fee is charged for residential
occupancy. Class 1c property must
contain three or more rental units. A "rental
unit" is defined as a cabin, condominium, townhouse, sleeping room, or individual
camping site equipped with water and electrical hookups for recreational
vehicles. Class 1c property must
provide recreational activities such as the rental of ice fishing houses, boats
and motors, snowmobiles, downhill or cross-country ski equipment; provide
marina services, launch services, or guide services; or sell bait and fishing
tackle. Any unit in which the right to
use the property is transferred to an individual or entity by deeded interest,
or the sale of shares or stock, no longer qualifies for class 1c even though it
may remain available for rent. A
camping pad offered for rent by a property that otherwise qualifies for class
1c is also class 1c, regardless of the term of the rental agreement, as long as
the use of the camping pad does not exceed 250 days. The portion of the property used as a homestead is class 1a
property under paragraph (a). The
remainder of the property is classified as follows: the first $600,000 of market value is tier I, the next $1,700,000
of market value is tier II, and any remaining market value is
tier
III. The class rates for class 1c
are: tier I, 0.50 percent; tier II, 1.0
percent; and tier III, 1.25 percent.
Owners of real and personal property devoted to temporary and seasonal
residential occupancy for recreation purposes in which all or a portion of the
property was devoted to commercial purposes for not more than 250 days in the
year preceding the year of assessment desiring classification as class 1c, must
submit a declaration to the assessor designating the cabins or units occupied
for 250 days or less in the year preceding the year of assessment by January 15
of the assessment year. Those cabins or
units and a proportionate share of the land on which they are located must be
designated as class 1c as otherwise provided.
The remainder of the cabins or units and a proportionate share of the
land on which they are located must be designated as class 3a commercial. The owner of property desiring designation
as class 1c property must provide guest registers or other records
demonstrating that the units for which class 1c designation is sought were not
occupied for more than 250 days in the year preceding the assessment if so
requested. The portion of a property
operated as a (1) restaurant, (2) bar, (3) gift shop, (4) conference center or
meeting room, and (5) other nonresidential facility operated on a commercial
basis not directly related to temporary and seasonal residential occupancy for
recreation purposes does not qualify for class 1c.
(d)
Class 1d property includes structures that meet all of the following
criteria:
(1) the structure is located on property that is
classified as agricultural property under section 273.13, subdivision 23;
(2)
the structure is occupied exclusively by seasonal farm workers during the time
when they work on that farm, and the occupants are not charged rent for the
privilege of occupying the property, provided that use of the structure for
storage of farm equipment and produce does not disqualify the property from
classification under this paragraph;
(3)
the structure meets all applicable health and safety requirements for the
appropriate season; and
(4)
the structure is not salable as residential property because it does not comply
with local ordinances relating to location in relation to streets or roads.
The
market value of class 1d property has the same class rates as class 1a property
under paragraph (a).
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec.
15. Minnesota Statutes 2006, section
273.13, subdivision 34, as added by Laws 2008, chapter 154, article 2, section
14, is amended to read:
Subd.
34. Homestead of disabled veteran.
(a) All or a portion of the market value of property owned by a
veteran or by the veteran and the veteran's spouse qualifying for homestead
classification under subdivision 22 or 23 is excluded in determining the
property's taxable market value if it serves as the homestead of a military
veteran, as defined in section 197.447, who has a service-connected disability
of 70 percent or more. To qualify for
exclusion under this subdivision, the veteran must have been honorably
discharged from the United States armed forces, as indicated by United States
Government Form DD214 or other official military discharge papers, and must be
certified by the United States Veterans Administration as having a
service-connected disability.
(b)(1)
For a disability rating of 70 percent or more, $150,000 of market value is
excluded, except as provided in clause (2); and
(2)
for a total (100 percent) and permanent disability, $300,000 of market value is
excluded.
(c)
If a disabled veteran qualifying for a valuation exclusion under paragraph (b),
clause (2), predeceases the veteran's spouse, and if upon the death of the
veteran the spouse holds the legal or beneficial title to the homestead and
permanently resides there, the exclusion shall carry over to the benefit of the
veteran's spouse for one additional assessment year or until such time
as the spouse sells, transfers, or otherwise disposes of the property,
whichever comes first.
(d)
In the case of an agricultural homestead, only the portion of the property
consisting of the house and garage and immediately surrounding one acre of land
qualifies for the valuation exclusion under this subdivision.
(e)
A property qualifying for a valuation exclusion under this subdivision is not
eligible for the credit under section 273.1384, subdivision 1, or
classification under subdivision 22, paragraph (b).
(f)
To qualify for a valuation exclusion under this subdivision a property owner
must apply to the assessor by July 1 of each assessment year, except that an
annual reapplication is not required once a property has been accepted for a
valuation exclusion under paragraph (b), clause (2), and the property continues
to qualify until there is a change in ownership.
EFFECTIVE DATE. This section is effective for assessment year 2008 and
thereafter, for taxes payable in 2009 and thereafter, except that the application
date in paragraph (f) for the 2008 assessment year is extended to September 1,
2008.
Sec.
16. Minnesota Statutes 2006, section
274.014, subdivision 3, is amended to read:
Subd.
3. Proof
of compliance; transfer of duties.
(a) Any city or town that conducts local boards of appeal and
equalization meetings must provide proof to the county assessor by December 1,
2006, and each year thereafter, that it is in compliance with the requirements
of subdivision 2. Beginning in 2006,
this notice must also verify that there was a quorum of voting members at each
meeting of the board of appeal and equalization in the current year. A city or town that does not comply with
these requirements is deemed to have transferred its board of appeal and
equalization powers to the county beginning with the following year's
assessment and continuing unless the powers are reinstated under paragraph (c).
(b)
The county shall notify the taxpayers when the board of appeal and equalization
for a city or town has been transferred to the county under this subdivision
and, prior to the meeting time of the county board of equalization, the county
shall make available to those taxpayers a procedure for a review of the
assessments, including, but not limited to, open book meetings. This alternate review process shall take
place in April and May.
(c)
A local board whose powers are transferred to the county under this subdivision
may be reinstated by resolution of the governing body of the city or town and
upon proof of compliance with the requirements of subdivision 2. The resolution and proofs must be provided
to the county assessor by December 1 in order to be effective for the following
year's assessment.
(d)
A local board whose powers are transferred to the county under this subdivision
may continue to employ a local assessor and is not deemed to have transferred
its powers to make assessments.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
17. Minnesota Statutes 2006, section
276.04, subdivision 2, as amended by Laws 2008, chapter 154, article 2, section
19, is amended to read:
Subd.
2. Contents
of tax statements. (a) The
treasurer shall provide for the printing of the tax statements. The commissioner of revenue shall prescribe
the form of the property tax statement and its contents. The statement must contain a tabulated
statement of the dollar amount due to each taxing authority and the amount of
the state tax from the parcel of real property for which a particular tax
statement is prepared. The dollar
amounts attributable to the county, the state tax, the voter approved school
tax, the other local school tax, the township or municipality, and the total of
the metropolitan special taxing districts as defined in section 275.065,
subdivision 3, paragraph (i), must be separately stated. The amounts due all other special taxing
districts, if any, may be aggregated except that any levies made by the
regional rail authorities in the county of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, or
Washington
under chapter 398A shall be listed on a separate line directly under the
appropriate county's levy. If the
county levy under this paragraph includes an amount for a lake improvement
district as defined under sections 103B.501 to 103B.581, the amount
attributable for that purpose must be separately stated from the remaining
county levy amount. In the case of
Ramsey County, if the county levy under this paragraph includes an amount for
public library service under section 134.07, the amount attributable for that
purpose may be separated from the remaining county levy amount. The amount of the tax on homesteads
qualifying under the senior citizens' property tax deferral program under
chapter 290B is the total amount of property tax before subtraction of the
deferred property tax amount. The
amount of the tax on contamination value imposed under sections 270.91 to
270.98, if any, must also be separately stated. The dollar amounts, including the dollar amount of any special
assessments, may be rounded to the nearest even whole dollar. For purposes of this section whole
odd-numbered dollars may be adjusted to the next higher even-numbered
dollar. The amount of market value
excluded under section 273.11, subdivision 16, if any, must also be listed on
the tax statement.
(b)
The property tax statements for manufactured homes and sectional structures
taxed as personal property shall contain the same information that is required
on the tax statements for real property.
(c)
Real and personal property tax statements must contain the following
information in the order given in this paragraph. The information must contain the current year tax information in
the right column with the corresponding information for the previous year in a
column on the left:
(1)
the property's estimated market value under section 273.11, subdivision 1;
(2)
the property's taxable market value after reductions under section 273.11,
subdivisions 1a and 16;
(3)
the property's gross tax, before credits;
(4)
for homestead residential and agricultural properties, the credits under
section 273.1384;
(5)
any credits received under sections 273.119; 273.123 273.1234 or
273.1235; 273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 473H.10,
except that the amount of credit received under section 273.135 must be
separately stated and identified as "taconite tax relief"; and
(6)
the net tax payable in the manner required in paragraph (a).
(d)
If the county uses envelopes for mailing property tax statements and if the county
agrees, a taxing district may include a notice with the property tax statement
notifying taxpayers when the taxing district will begin its budget
deliberations for the current year, and encouraging taxpayers to attend the
hearings. If the county allows notices
to be included in the envelope containing the property tax statement, and if
more than one taxing district relative to a given property decides to include a
notice with the tax statement, the county treasurer or auditor must coordinate
the process and may combine the information on a single announcement.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
18. Minnesota Statutes 2006, section
290B.04, subdivision 1, is amended to read:
Subdivision
1. Initial
application. (a) A taxpayer meeting
the program qualifications under section 290B.03 may apply to the commissioner
of revenue for the deferral of taxes.
Applications are due on or before July 1 for deferral of any of the
following year's property taxes. A taxpayer
may apply in the year in which the taxpayer becomes 65 years old, provided that
no deferral of property taxes will be made until the calendar year after the
taxpayer becomes 65 years old. The
application, which shall be prescribed by the commissioner of revenue, shall
include the following items and any other information which the commissioner
deems necessary:
(1)
the name, address, and Social Security number of the owner or owners;
(2)
a copy of the property tax statement for the current payable year for the
homesteaded property;
(3)
the initial year of ownership and occupancy as a homestead;
(4)
the owner's household income for the previous calendar year; and
(5)
information on any mortgage loans or other amounts secured by mortgages or other
liens against the property, for which purpose the commissioner may require the
applicant to provide a copy of the mortgage note, the mortgage, or a statement
of the balance owing on the mortgage loan provided by the mortgage holder. The commissioner may require the appropriate
documents in connection with obtaining and confirming information on unpaid
amounts secured by other liens.
The
application must state that program participation is voluntary. The application must also state that the
deferred amount depends directly on the applicant's household income, and that
program participation includes authorization for the annual deferred amount,
the cumulative deferral and interest that appear on each year's notice prepared
by the county under subdivision 6, is public data.
The
application must state that program participants may claim the property tax
refund based on the full amount of property taxes eligible for the refund,
including any deferred amounts. The
application must also state that property tax refunds will be used to offset
any deferral and interest under this program, and that any other amounts
subject to revenue recapture under section 270A.03, subdivision 7, will also be
used to offset any deferral and interest under this program.
(b)
As part of the initial application process, the commissioner may require the
applicant to obtain at the applicant's own cost and submit:
(1)
if the property is registered property under chapter 508 or 508A, a copy of the
original certificate of title in the possession of the county registrar of
titles (sometimes referred to as "condition of register"); or
(2)
if the property is abstract property, a report prepared by a licensed
abstracter showing the last deed and any unsatisfied mortgages, liens,
judgments, and state and federal tax lien notices which were recorded on or
after the date of that last deed with respect to the property or to the
applicant.
The
certificate or report under clauses (1) and (2) need not include references to
any documents filed or recorded more than 40 years prior to the date of the
certification or report. The
certification or report must be as of a date not more than 30 days prior to
submission of the application.
The
commissioner may also require the county recorder or county registrar of the
county where the property is located to provide copies of recorded documents
related to the applicant or the property, for which the recorder or registrar
shall not charge a fee. The
commissioner may use any information available to determine or verify
eligibility under this section. The
household income from the application is private data on individuals as defined
in section 13.02, subdivision 12.
EFFECTIVE DATE. This section is effective for data collected or maintained by
the commissioner of revenue beginning the day following final enactment.
Sec.
19. Minnesota Statutes 2006, section
469.040, subdivision 4, is amended to read:
Subd.
4. Facilities
funded from multiple sources. In
the metropolitan area, as defined in section 473.121, subdivision 2, the tax
treatment provided in subdivision 3 applies to that portion of any multifamily
rental housing facility represented by the ratio of (1) the number of units in
the facility that are subject to the requirements of Section 5 of the United
States Housing Act of 1937, as the result of the implementation of a federal
court order or consent decree to (2) the total number of units within the
facility.
The
housing and redevelopment authority for the city in which the facility is
located, any public entity exercising the powers of such housing and
redevelopment authority, or the county housing and redevelopment authority for
the county in which the facility is located, shall annually certify to the
assessor responsible for assessing the facility, at the time and in the manner
required by the assessor, the number of units in the facility that are subject
to the requirements of Section 5 of the United States Housing Act of 1937.
Nothing
in this subdivision shall prevent that portion of the facility not subject to
this subdivision from meeting the requirements of section 273.126
273.128, and for that purpose the total number of units in the facility
must be taken into account.
EFFECTIVE DATE. This section is effective retroactively for taxes payable in
2006 and thereafter.
Sec.
20. Minnesota Statutes 2006, section
469.174, subdivision 10b, is amended to read:
Subd.
10b. Qualified disaster area. A
"qualified disaster area" is an area that meets the following
requirements:
(1)
parcels consisting of 70 percent of the area of the district were occupied by
buildings, streets, utilities, paved or gravel parking lots, or other similar
structures immediately before the disaster or emergency;
(2)
the area of the district was subject to a disaster or emergency, as defined in
section 273.123, subdivision 1 273.1231, subdivision 2, within
the 18-month period ending on the day the request for certification of the
district is made; and
(3)
50 percent or more of the buildings in the area have suffered substantial
damage as a result of the disaster or emergency.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
21. Minnesota Statutes 2006, section
469.177, subdivision 1c, is amended to read:
Subd.
1c. Original net tax capacity adjustments; presidential disaster area. (a) The provisions of this subdivision apply
to a district located in a disaster area, as described in section 273.123,
subdivision 1, paragraph (b) 273.1231, subdivision 3, paragraph (a),
clause (1), and are effective for taxes payable in the first calendar year
beginning at least four months after the date of the determination.
(b)
For a district certified before the date of the disaster area determination as
provided in section 273.123, subdivision 1, paragraph (b) 273.1231,
subdivision 3, paragraph (a), clause (1), upon the request of the
municipality, the county auditor shall reduce the original net tax capacity of
the district by the reduction in the net tax capacity of properties in the
district that is attributable to the physical effects of the disaster, but not
below zero. The assessor shall
determine the amount of the reduction in market value that is attributable to
the physical effects of the disaster to be used by the county auditor in computing
the reduction in net tax capacity.
(c)
For a district that does not qualify under paragraph (b) and for which the
request for certification is made in the same calendar year as the disaster
area determination, upon the request of the municipality, the assessor shall
determine the reduction in market value of properties in the district that is
attributable to the physical effects of the disaster. The county auditor shall use the reduced market value in certifying
the original net tax capacity of the district.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE
16
DEPARTMENT
MISCELLANEOUS
Section
1. Minnesota Statutes 2006, section
16D.02, subdivision 3, is amended to read:
Subd.
3. Debt. "Debt" means an amount owed to the
state directly, or through a state agency, on account of a fee, duty, lease,
direct loan, loan insured or guaranteed by the state, rent, service, sale of
real or personal property, overpayment, fine, assessment, penalty, restitution,
damages, interest, tax, bail bond, forfeiture, reimbursement, liability owed,
an assignment to the state including assignments under section 256.741, the
Social Security Act, or other state or federal law, recovery of costs incurred
by the state, or any other source of indebtedness to the state. Debt also includes amounts owed to
individuals as a result of civil, criminal, or administrative action brought by
the state or a state agency pursuant to its statutory authority or for which
the state or state agency acts in a fiduciary capacity in providing collection
services in accordance with the regulations adopted under the Social Security
Act at Code of Federal Regulations, title 45, section 302.33. When the commissioner provides collection
services pursuant to a debt qualification plan, debt also includes an
amount owed to the courts, local government units, Minnesota state colleges
and universities governed by the Board of Trustees of the Minnesota State
Colleges and Universities, or University of Minnesota for which the
commissioner provides collection services pursuant to contract.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. Minnesota Statutes 2006, section
16D.02, subdivision 6, is amended to read:
Subd.
6. Referring
agency. "Referring
agency" means a state agency, local government unit, Minnesota state
colleges and universities governed by the Board of Trustees of the Minnesota
State Colleges and Universities, University of Minnesota, or a court,
that has entered into a debt qualification plan with the commissioner to refer
debts to the commissioner for collection.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. Minnesota Statutes 2006, section
16D.04, subdivision 2, as amended by Laws 2008, chapter 154, article 15,
section 2, is amended to read:
Subd.
2. Agency
participation. (a) A referring
agency must refer, by electronic means, debts to the commissioner for
collection. Responsibility for the
debt, including the reporting of the debt to the commissioner of finance and
the decision with regard to the continuing collection and uncollectibility of
the debt, remains with the referring agency.
Decisions with regard to continuing collection and the
uncollectibility of referred debts shall be made by the commissioner who shall
then notify the commissioner of finance and the referring agency. A decision by the commissioner that a
referred debt is uncollectible does not prevent the referring agency from
taking additional collection action.
(b)
Before a debt becomes 121 days past due, a referring agency may refer the debt
to the commissioner for collection at any time after a debt becomes delinquent
and uncontested and the debtor has no further administrative appeal of the
amount of the debt. When a debt owed to
a referring agency becomes 121 days past due, the referring agency must refer
the debt to the commissioner for collection.
This requirement does not apply if there is a dispute over the amount or
validity of the debt, if the debt is the subject of legal action or
administrative proceedings, or the agency determines that the debtor is
adhering to acceptable payment arrangements.
The commissioner may provide that certain types of debt need not be
referred to the commissioner for collection under this paragraph. Methods and procedures for referral must
follow internal guidelines prepared by the commissioner.
(c)
If the referring agency is a court, the court must furnish a debtor's Social
Security number to the commissioner when the court refers the debt.
EFFECTIVE DATE. This section is effective for debts referred after December
31, 2008.
Sec.
4. Minnesota Statutes 2006, section
270A.08, subdivision 1, is amended to read:
Subdivision
1. Notice
to debtor. (a) Not later
than five days after the claimant agency has sent notification to the
department pursuant to section 270A.07, subdivision 1, the claimant agency
shall send a written notification to the debtor asserting the right of the
claimant agency to the refund or any part thereof. If the notice is returned to the claimant agency as
undeliverable, or the claimant agency has reason to believe the debtor did not
receive the notice, the claimant agency shall obtain the current last
known address of the debtor from the commissioner and resend the corrected
notice.
(b)
If a debt has been referred to the commissioner for collection under chapter
16D, and the referring agency meets the definition of claimant agency under
this chapter, the commissioner must notify the debtor prior to using revenue
recapture under this chapter for collection of the debt. The notice must be sent by United States
mail or personal delivery to the last known address of the debtor.
EFFECTIVE DATE. This section is effective for debts referred after December
31, 2008.
Sec.
5. Minnesota Statutes 2006, section
270C.33, subdivision 5, is amended to read:
Subd.
5. Prohibition
against collection during appeal period of an order. No collection action can be taken on an
order of assessment, or any other order imposing a liability, including
the filing of liens under section 270C.63, and no late payment penalties may be
imposed when a return has been filed for the tax type and period upon which the
order is based, during the appeal period of an order. The appeal period of an order ends: (1) 60 days after the order has been mailed to the taxpayer by
the commissioner; (2) if an administrative appeal is filed under section
270C.35, 60 days after determination of the administrative appeal; (3) if an appeal
to Tax Court is filed under chapter 271, when the decision of the Tax Court is
made; or (4) if an appeal to Tax Court is filed and the appeal is based upon a
constitutional challenge to the tax, 60 days after final determination of the
appeal. This subdivision does not apply
to a jeopardy assessment under section 270C.36, or a jeopardy collection under
section 270C.36.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE
17
MISCELLANEOUS
Section
1. Minnesota Statutes 2006, section
60A.196, is amended to read:
60A.196 DEFINITIONS.
Unless
the context otherwise requires, the following terms have the meanings given
them for the purposes of sections 60A.195 to 60A.209:
(a)
"Surplus lines insurance" means insurance placed with an insurer
permitted to transact the business of insurance in this state only pursuant to
sections 60A.195 to 60A.209.
(b)
"Eligible surplus lines insurer" means an insurer recognized as
eligible to write insurance business under sections 60A.195 to 60A.209 but not
licensed by any other Minnesota law to transact the business of insurance.
(c)
"Ineligible surplus lines insurer" means an insurer not recognized as
an eligible surplus lines insurer pursuant to sections 60A.195 to 60A.209 and not
licensed by any other Minnesota law to transact the business of insurance.
"Ineligible surplus lines insurer" includes a risk retention group as
defined under the Liability Risk Retention Act, Public Law 99-563.
(d)
"Surplus lines licensee" or "licensee" means a person
licensed under sections 60A.195 to 60A.209 to place insurance with an eligible
or ineligible surplus lines insurer.
(e)
"Association" means an association registered under section 60A.208.
(f)
"Alien insurer" means any insurer which is incorporated or otherwise
organized outside of the United States.
(g)
"Insurance laws" means chapters 60 to 79 inclusive.
(h)
"Stamping" means electronically assigning a unique identifying number
that is specific to a submitted policy, contract, or insurance document.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to policies written or renewed on or after that date.
Sec.
2. [60A.2085]
SURPLUS LINES ASSOCIATION OF MINNESOTA.
Subdivision
1. Association
created; duties. There is
hereby created a nonprofit association to be known as the Surplus Lines
Association of Minnesota. All surplus
lines licensees are members of this association. Section 60A.208, subdivision 5, does not apply to the provisions
of this section. The association shall
perform its functions under the plan of operation established under subdivision
3 and must exercise its powers through a board of directors established under
subdivision 2. The association shall be
authorized and have the duty to:
(1)
receive, record, and stamp all surplus lines insurance documents that surplus
lines licensees are required to file with the association;
(2)
prepare and deliver monthly to the commissioners of revenue and commerce a
report regarding surplus lines business.
The report must include a list of all the business procured during the
preceding month, in the form the commissioners prescribe;
(3)
educate its members regarding the surplus lines law of this state including
insurance tax responsibilities and the rules and regulations of the
commissioners of revenue and commerce relative to surplus lines insurance;
(4)
communicate with organizations of agents, brokers, and admitted insurers with
respect to the proper use of the surplus lines market;
(5)
employ and retain persons necessary to carry out the duties of the association;
(6)
borrow money necessary to effect the purposes of the association;
(7)
enter contracts necessary to effect the purposes of the association;
(8)
provide other services to its members that are incidental or related to the
purposes of the association; and
(9)
take other actions reasonably required to implement the provisions of this
section.
Subd.
2. Board
of directors. (a) The
commissioner shall appoint an interim board of five directors within 30 days of
enactment of this section. The interim
board must:
(1)
establish a plan of operation within 60 days after the appointment of the
interim board;
(2)
create a stamping office that is operational no later than December 31, 2008;
and
(3)
conduct an election for a board of directors by the membership after December
31, 2008, and no later than one year after the appointment of the interim
board.
(b)
Once the responsibilities of the interim board in paragraph (a) are fulfilled,
the association shall function through a board of directors composed of the
following:
(1)
one director appointed by the commissioner of revenue;
(2)
one director appointed by the commissioner of commerce; and
(3)
at least five but no more than seven directors elected by the members. The elected directors must be members of the
association.
Directors
may serve until their successors are appointed or elected and their terms are
completed as outlined in the plan of operation.
Subd.
3. Plan
of operation. (a) The plan
of operation shall provide for the formation, operation, and governance of the
association. The plan of operation must
provide for the election of a board of directors by the members of the
association. The board of directors shall
elect officers as provided for in the plan of operation. The plan of operation shall establish the
manner of voting and may weigh each member's vote to reflect the annual surplus
lines insurance premium written by the member.
Members employed by the same or affiliated employers may consolidate
their premiums written and delegate an individual officer or partner to
represent the member in the exercise of association affairs, including service
on the board of directors.
(b)
The plan of operation shall provide for an independent audit once each year of
all the books and records of the association and a report of such independent
audit shall be made to the board of directors, the commissioner of revenue, and
the commissioner of commerce, with a copy made available to each member to
review at the association office.
(c)
The plan of operation and any amendments to the plan of operation shall be
submitted to the commissioner and shall be effective upon approval in writing
by the commissioner. The association
and all members shall comply with the plan of operation or any amendments to
it. Failure to comply with the plan of
operation or any amendments shall constitute a violation for which the
commissioner may issue an order requiring discontinuance of the violation.
(d)
If the interim board of directors fails to submit a suitable plan of operation
within 60 days following the creation of the interim board, or if at any time
thereafter the association fails to submit required amendments to the plan, the
commissioner may submit to the association a plan of operation or amendments to
the plan, which the association must follow.
The plan of operation or amendments submitted by the commissioner shall
continue in force until amended by the commissioner or superseded by a plan of
operation or amendment submitted by the association and approved by the
commissioner. A plan of operation or an
amendment submitted by the commissioner constitutes an order of the
commissioner.
Subd.
4. Reporting
requirement. The association
shall file with the commissioner:
(1)
a copy of its plan of operation and any amendments to it;
(2)
a current list of its members revised at least annually; and
(3)
the name and address of a member of the board residing in this state upon whom
notices or orders of the commissioner or processes issued at the direction of
the commissioner may be served.
Subd.
5. Examination. The commissioner shall, at such times as
deemed necessary, make or cause to be made an examination of the
association. The officers, managers,
agents, and employees of the association may be examined at any time, under
oath, and shall exhibit all books, records, accounts, documents, or agreements
governing its method of operation. The
commissioner shall furnish a copy of the examination report to the
association. If the commissioner finds
the association to be in violation of this section, the commissioner may issue
an order requiring the discontinuance of the violation.
Subd.
6. Immunity. There shall be no liability on the part
of and no causes of action of any nature shall arise against the association,
its directors, officers, agents, or employees for any action taken or omitted
by them in the performance of their powers and duties under this section,
absent gross negligence or willful misconduct.
Subd.
7. Stamping
fee. The services performed
by the association shall be funded by a stamping fee assessed for each
premium-bearing document submitted to the association. The stamping fee shall be established by the
board of directors of the association from time to time. The stamping fee shall be paid by the
insured to the surplus lines licensee and remitted electronically to the
association by the surplus lines licensee.
Subd.
8. Data
classification. Unless
otherwise classified by statute, a temporary classification under section
13.06, or federal law, information obtained by the commissioner from the
association is public, except that any data identifying
insureds is private data on individuals or nonpublic data as defined in section
13.02, subdivisions 9 and 12.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to policies written or renewed on or after that date.
Sec.
3. [60A.2086]
LICENSEE'S DUTY TO SUBMIT DOCUMENTS; PENALTY.
Subdivision
1. Submission
of documents to the Surplus Lines Association of Minnesota; certification. (a) A surplus lines licensee shall submit
every insurance policy or contract issued under the licensee's license to the
Surplus Lines Association of Minnesota for recording and stamping. The submission and stamping must be effected
through electronic means. The
submission must include:
(1)
the name of the insured;
(2)
a description and location of the insured property or risk;
(3)
the amount insured;
(4)
the gross premiums charged or returned;
(5)
the name of the surplus lines insurer from whom coverage has been procured;
(6)
the kind or kinds of insurance procured; and
(7)
the amount of premium subject to tax.
(b)
The submission of insurance policies or contracts to the Surplus Lines
Association of Minnesota constitutes a certification by the surplus lines
licensee, or by the insurance producer who presented the risk to the surplus
lines licensee for placement as a surplus lines risk, that the insurance
policies or contracts were procured in accordance with sections 60A.195 to
60A.209.
Subd.
2. Stamping
requirement; penalty. (a) It
shall be unlawful for an insurance agent, broker, or surplus lines licensee to
deliver in this state any surplus lines insurance policy or contract unless the
insurance document is stamped by the association. A licensee's failure to comply with the requirements of this
subdivision shall not affect the validity of the coverage.
(b)
Any insurance agent, broker, or surplus lines licensee who delivers in this
state any insurance policy or contract that has not been stamped by the
association shall be subject to a penalty payable to the commissioner as
follows:
(1)
$50 for delivery of the first unstamped policy;
(2)
$250 for delivery of a second unstamped policy; and
(3)
$1,000 per policy for delivery of any additional unstamped policies.
EFFECTIVE DATE. This section is effective January 1, 2009, and applies to
policies written or renewed after December 31, 2008.
Sec.
4. [62U.071]
HEALTH INSURANCE CREDIT.
Subdivision
1. Definitions. (a) For purposes of this section, the
following terms have the meanings given them.
(b)
"Commissioner" means the commissioner of commerce.
(c)
"Employee" means an employee currently on an employer's payroll other
than a retiree or disabled former employee.
(d)
"Employer" means a person, firm, corporation, partnership,
association, business trust, or other entity employing one or more persons,
including a political subdivision of the state, filing payroll tax information
on such employed person or persons.
(e)
"Section 125 plan" means a cafeteria or premium-only plan under
section 125 of the Internal Revenue Code that allows employees to pay for
health insurance premiums with pretax dollars.
(f)
"Small employer" means an employer with two to 50 employees.
Subd.
2. Tax
credits allowed; generally. (a)
Upon application, the commissioner shall allow tax credits to eligible small
employers as incentives for the employers to provide section 125 plans or to
encourage their employees to participate in existing section 125 plans. The applications for the credits must be
made in the form and manner and at the times prescribed by the commissioner.
(b)
The credits allowed under this section must not exceed the liability for tax
paid by the employer. The liability for
tax includes tax paid by the employer under chapter 290, ad valorem property
tax on property used in the conduct of their trade or business, and the
insurance premiums tax under chapter 297I.
The commissioner must verify that the amount of the credit paid under
this section does not exceed the employer's liability for tax paid in the
previous calendar year.
Subd.
3. Establishment
credit. (a) The commissioner
shall pay a tax credit to eligible small employers that establish section 125
plans to the extent that credit authority is available under subdivision 5 for
the fiscal year. An eligible small
employer is eligible for a credit under this subdivision only once.
(b)
To be eligible for a credit, a small employer must:
(1)
not have offered health insurance to employees through a group health insurance
plan, as defined in section 62A.10, or through a self-insured plan, as defined
in section 62E.02, in the 12 months before applying for a tax credit under this
subdivision;
(2)
have established a section 125 plan within 90 days before applying for a tax
credit under this subdivision, and must not have offered a section 125 plan to
employees for at least a nine-month period before the establishment of the
section 125 plan under this subdivision; and
(3)
certify to the commissioner that the employer has established a section 125
plan and meets the requirements of 2008 S.F. 3780, article 4, section 10,
subdivisions 2 and 3, if enacted.
(c)
The amount of the credit under this subdivision equals the lesser of:
(1)
the employer's actual cost to establish the section 125 plan; or
(2)
$350.
Subd.
4. Participation
credit. (a) The commissioner
shall pay a tax credit to eligible small employers with section 125 plans. The amount of the credit equals the least of
the following amounts:
(1)
50 percent of the amount the employer spends during the calendar year for
incentives to encourage participation by the employer's nonparticipating
employees in the employer's section 125 plan;
(2)
$200 for each nonparticipating employee who begins participating in the
employer's section 125 plan; or
(3)
the amount of credit certificates the employer received for the calendar year.
(b)
An eligible employer is a small employer that:
(1)
offers a section 125 plan to its employees;
(2)
has five percent or more of its employees not participating in the section 125
plan during the quarter prior to the application for the tax credit; and
(3)
pays average compensation to its nonparticipating employees of no more than the
maximum annual income of an individual who is eligible to participate in the
MinnesotaCare program under chapter 256L.
(c)
For purposes of this subdivision, "incentives to encourage participation"
includes paying an increased employer share of the premium or other costs of
the insurance, contributing to the employee's health savings account, or taking
other measures that the commissioner considers likely to foster higher rates of
participation; and "nonparticipating employee" means an employee who
is not participating in the section 125 plan, and who is not otherwise covered
by health insurance other than MinnesotaCare.
Subd.
5. Credits
and credit certificates. (a)
The commissioner may transfer all or part of the appropriation provided in 2008
S.F. 3780, article 4, section 10, subdivision 4, if enacted, to provide tax
credits under subdivision 3. The
commissioner shall allow tax credits under subdivision 3 to applicants on a
first-come-first-served basis and the maximum amount of credits allowed for
each fiscal year is limited to the amount transferred from the appropriation
provided in S.F. 3780, article 4, section 10, subdivision 4, if enacted. If applications for credits exceed the allowance
for the fiscal year, the commissioner shall hold the applications and award the
credits from the amount appropriated for that purpose in the next fiscal
year. If the commissioner does not
transfer any of the appropriation provided in 2008 S.F. 3780, article 4,
section 10, subdivision 4, if enacted, no tax credits are allowed under
subdivision 3.
(b)
Upon application, the commissioner shall award credit certificates to eligible
employers for credits under subdivision 4.
The maximum amount of credit certificates is limited to $730,000 per
fiscal year. The commissioner shall
award the certificates to eligible employers on a first-come-first-served
basis, and certificates will apply to the calendar year in which the employer
intends to provide incentives for nonparticipating employees to begin
participating in the employer's section 125 plan. No employer may be awarded more than $5,000 in credit
certificates. Following the close of
the calendar year, employers who have been awarded certificates must report to
the commissioner on the amount spent for incentives to encourage participation
by nonparticipating employees, and the number of nonparticipating employees who
became participating employees, and the commissioner must allow the appropriate
credit amount as provided in subdivision 4, paragraph (a).
(c)
The commissioner may transfer credit authority between the authorizations in
paragraphs (a) and (b) based on the applications for the credits under
subdivisions 3 and 4 or on other factors so that in the commissioner's opinion
the allocation between the two credits will provide a more effective incentive
to expand health care coverage.
Subd.
6. Appropriation. The amount necessary to award credits
under subdivision 5, paragraph (b), is appropriated from the general fund to
the commissioner of commerce in fiscal year 2009.
EFFECTIVE DATE. This section is effective for fiscal year 2009.
Sec.
5. Laws 2006, chapter 269, section 2,
is amended to read:
Sec.
2. DEDICATION
FEE.
The
Minneapolis Park and Recreation Board and the Minneapolis City Council may
jointly exercise the powers conferred under Minnesota Statutes, section
462.358, with respect to requiring that a reasonable portion of land be
dedicated to the public or imposing a dedication fee on new housing units and
new commercial and industrial development in the city, wherever located,
for public parks, playgrounds, recreational facilities, wetlands, trails, or
open space. The dedication of land or
dedication fee must be imposed by an ordinance jointly enacted by the park
board and the city council. The
ordinance may exclude senior housing and affordable housing from paying the fee
or the dedication of land. The
provisions of Minnesota Statutes, section 462.358, subdivisions 2b, paragraph
(b), and 2c, apply to the imposition, application, and use of the dedication of
land or the dedication fee.
EFFECTIVE DATE. This section is effective upon compliance by the Minneapolis
Park and Recreation Board and the Minneapolis City Council with Minnesota
Statutes, section 645.021, subdivision 3.
Sec.
6. DATA
UPDATE.
The
commissioner of revenue must continue to maintain, update, and make available
the information required under Laws 1987, chapter 268, article 7, section 1,
subdivision 6, paragraph (b). The
commissioner must provide the most complete and current data available, when
requested, to the chairs of the senate and house of representatives committees
on taxes.
Sec.
7. APPROPRIATIONS.
Subdivision
1. Department
of Revenue; assessment assistance.
$100,000 is appropriated to the commissioner of revenue from the
general fund for fiscal year 2009 to assist local assessors in valuing
industrial special-use industrial properties.
Subd.
2. Department
of Revenue; onetime appropriations.
(a) $15,000 is appropriated to the commissioner of revenue to
administer the study of the property tax exemption for institutions of purely
public charity.
(b)
$200,000 is appropriated to the commissioner of revenue to prepare the database
required in section 5 matching homeowners' property, property tax, income, and
income tax information.
(c)
The appropriations under this subdivision are onetime appropriations from the
general fund for fiscal year 2009 and are not added to the agency's base
budget.
Subd.
3. Department
of Administration. $60,000
is appropriated from the general fund in fiscal year 2009 to the commissioner
of administration to pay the cost incurred by the Land Management Information
Center to prepare township acreage data. $50,000 of this appropriation is
onetime and is not added to the agency's base budget; $10,000 of this
appropriation is added to the agency's budget."
Delete
the title and insert:
"A
bill for an act relating to the financing and operation of state and local
government; modifying property tax refund; making policy, technical,
administrative, enforcement, collection, refund, clarifying, and other changes
to income, franchise, property, sales and use, minerals, aggregate, motor
vehicle, wheelage, mortgage, deed, cigarette and tobacco, gasoline, and estate
taxes, and other taxes and tax-related provisions; providing for aids to local
governments; changing, eliminating, and providing property tax exemptions and
credits; modifying job opportunity building zone program; modifying green
acres; providing aggregate resource preservation property tax law; modifying
levies, property valuation procedures, homestead provisions, property tax
classes, and class rates; providing for and modifying sales tax exemptions;
exempting two-wheel, motorized vehicles from wheelage tax; providing credits;
providing for additional financing of metropolitan area transit and paratransit
capital expenditures; authorizing issuance of certain obligations; modifying
provision governing bonding for county libraries; changing and authorizing
powers, duties, and requirements of local governments and authorities and state
departments or agencies; modifying, extending, and authorizing certain tax
increment financing districts; authorizing and modifying local sales taxes;
providing federal updates; changing accelerated sales tax; creating Surplus
Lines Association of Minnesota; changing provisions related to data practices
and debt collection; requiring studies; providing appointments; providing levy
limits; modifying taxation of foreign operating corporations; requiring a state
review and approval of a local economic development project; modifying park
board fees; modifying certain tax districts; providing for sale of forest
lands; prohibiting imposition of new local sales tax; providing income tax
credit for military service; providing economic development powers and
incentives; providing health insurance credit; appropriating money; amending
Minnesota Statutes 2006, sections 13.51, subdivision 3; 13.585, subdivision 5;
16D.02, subdivisions 3, 6; 16D.04, subdivision 2, as amended; 60A.196;
116J.993, subdivision 3; 116J.994, subdivisions 2, 5, 8; 126C.41, subdivision
2; 163.051, subdivision 1; 168.012, subdivision 1, by adding a subdivision;
168.013, subdivision 1f; 168A.03, subdivision 1; 169.01, by adding a
subdivision; 169.781,
subdivisions
1, as amended, 2, as amended; 270A.08, subdivision 1; 270B.15; 270C.33,
subdivision 5; 270C.56, subdivision 1, as amended; 270C.85, subdivision 2;
272.02, subdivisions 13, 20, 21, 27, 31, 38, 49, 55, 84, by adding
subdivisions; 272.03, subdivision 3, by adding a subdivision; 273.11,
subdivisions 8, 14a, 14b, by adding a subdivision; 273.111, subdivisions 3, as
amended, 4, 8, 9, 11, 11a, 14, by adding subdivisions; 273.121, as amended;
273.124, subdivisions 1, 6, 13, as amended, 21; 273.128, subdivision 1, as
amended; 273.13, subdivisions 22, as amended, 23, as amended, 25, as amended,
33, 34, as added; 273.1384, subdivision 2; 273.19, subdivision 1; 274.014,
subdivision 3; 274.14; 275.065, subdivision 8, by adding a subdivision; 275.70,
subdivision 5, by adding a subdivision; 275.71; 275.74, subdivision 2; 276.04,
subdivision 2, as amended; 282.08; 287.20, subdivisions 3a, 9, by adding a
subdivision; 289A.12, by adding a subdivision; 289A.18, subdivision 1, as
amended; 289A.19, subdivision 2, by adding a subdivision; 289A.20, subdivision
4, as amended; 289A.55, by adding a subdivision; 289A.60, subdivision 15, as
amended, by adding a subdivision; 290.01, subdivisions 6b, 19c, as amended,
19d, as amended; 290.06, subdivision 33, as amended, by adding a subdivision;
290.0677, subdivisions 1, as amended, 2, 3, by adding a subdivision; 290.068,
subdivision 3; 290.07, subdivision 1; 290.091, subdivision 2, as amended;
290.191, subdivisions 5, 6; 290.21, subdivision 4; 290.92, subdivisions 26, 31,
as added; 290A.04, subdivision 2; 290B.04, subdivision 1; 291.03, subdivision
1, by adding a subdivision; 295.50, subdivision 4; 295.52, subdivision 4, as
amended; 295.53, subdivision 4a; 296A.07, subdivision 4; 296A.08, subdivision
3; 296A.16, subdivision 2; 297A.61, subdivisions 22, 29; 297A.665, as amended;
297A.67, subdivisions 7, as amended, 28; 297A.70, subdivision 8; 297A.71,
subdivision 23, by adding a subdivision; 297A.75; 297A.99, subdivision 1, as
amended; 297A.995, subdivision 10, by adding subdivisions; 297B.01, subdivision
7, by adding a subdivision; 297B.03; 297F.01, subdivision 8; 297F.09,
subdivision 10, as amended; 297F.21, subdivision 1; 297G.01, subdivision 9;
297G.09, subdivision 9, as amended; 297H.09; 297I.05, subdivision 12; 298.01,
by adding a subdivision; 298.22, subdivisions 2, 5a, as added, by adding a
subdivision; 298.24, subdivision 1, as amended; 298.25, as amended; 298.28,
subdivisions 3, 9d, as added, 12; 298.292, subdivision 2, as amended; 298.405,
subdivision 1; 298.75, subdivisions 1, as amended, 2, 6, 7, as amended;
365.243, by adding a subdivision; 365A.095, as amended; 383A.80, subdivision 4;
383A.81, subdivisions 1, 2; 383B.80, subdivision 4; 383B.81, subdivision 2;
383E.20; 429.101, subdivision 1; 469.033, subdivision 6; 469.040, subdivision
4; 469.174, subdivision 10b; 469.177, subdivision 1c, by adding a subdivision;
469.1813, subdivision 8; 469.319; 469.3201; 473.39, by adding a subdivision;
474A.047, subdivision 1; 477A.011, subdivisions 34, 36, as amended, by adding
subdivisions; 477A.0124, subdivision 5; 477A.013, subdivisions 8, as amended,
9, as amended; 477A.03; Minnesota Statutes 2007 Supplement, sections 115A.1314,
subdivision 2; 268.19, subdivision 1, as amended; 273.1231, subdivision 7, by
adding a subdivision; 273.1232, subdivision 1; 273.1233, subdivisions 1, 3;
273.1234; 273.1235, subdivisions 1, 3; 273.124, subdivision 14, as amended;
273.1393; 290.01, subdivision 19b, as amended; 297A.70, subdivision 3; 298.227;
Laws 1991, chapter 291, article 8, section 27, subdivisions 3, as amended, 4,
as amended; Laws 1995, chapter 264, article 5, section 46, subdivision 2; Laws
1998, chapter 389, article 8, section 45, subdivision 3; Laws 1999, chapter 243,
article 4, section 18, subdivisions 1, 3, 4; Laws 2003, chapter 127, article
10, section 31, subdivision 1; Laws 2006, chapter 259, article 10, section 14,
subdivision 1; Laws 2006, chapter 269, section 2; Laws 2008, chapter 154,
article 2, sections 11; 27; article 3, section 3; article 8, section 14;
article 9, sections 23; 24; proposing coding for new law in Minnesota Statutes,
chapters 60A; 116J; 169; 272; 273; 275; 469; 477A; proposing coding for new law
as Minnesota Statutes, chapter 62U; repealing Minnesota Statutes 2006, sections
272.027, subdivision 3; 273.11, subdivision 14; 273.111, subdivision 6;
298.405, subdivisions 2, 3, 4; 477A.014, subdivision 5; Minnesota Statutes 2007
Supplement, section 477A.014, subdivision 4; Laws 2005, First Special Session
chapter 3, article 5, section 24; Minnesota Rules, parts 8031.0100, subpart 3;
8093.2100."
We request the adoption of this report and repassage of the
bill.
House Conferees: Ann Lenczewski, Paul Marquart, Jim Davnie,
Debra Hilstrom and Lyle Koenen.
Senate Conferees: Thomas M. Bakk, Rod Skoe, Dan Larson, D. Scott
Dibble and Mee Moua.
Lenczewski moved that the report of the Conference Committee on
H. F. No. 3149 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
The Speaker resumed the Chair.
H. F. No. 3149, A bill for an act relating to the financing and
operation of state and local government; making policy, technical,
administrative, enforcement, collection, refund, clarifying, and other changes
to income, franchise, property, sales and use, minerals, wheelage, mortgage,
deed, and estate taxes, and other taxes and tax-related provisions; providing
for homestead credit state refund; providing for aids to local governments;
providing city foreclosure and deed grants; changing and providing property tax
exemptions and credits; modifying job opportunity building zone program;
modifying green acre eligibility requirements; providing aggregate resource
preservation property tax law; providing seasonal recreational property tax
deferral program; modifying eligibility for senior citizen tax deferral
program; modifying transit taxing district; modifying levies, property
valuation procedures, homestead provisions, property tax classes, and class rates;
requiring levy limits under certain contingencies; providing for and modifying
sales tax exemptions; exempting two-wheel, motorized vehicles from wheelage
tax; abolishing the political contribution refund; providing exclusion from
income for certain veterans' retirement benefits; providing credits; providing
for additional financing of metropolitan area transit and paratransit capital
expenditures; authorizing issuance of certain obligations; modifying provision
governing bonding for county libraries; changing and authorizing powers,
duties, and requirements of local governments and authorities and state
departments or agencies; modifying, extending, and authorizing certain tax
increment financing districts; authorizing and modifying local sales taxes; prohibiting
the imposition of new local sales taxes; providing federal updates; changing
accelerated sales tax; creating Surplus Lines Association of Minnesota;
creating Iron Range revitalization account; changing provisions related to data
practices and debt collection; requiring studies; providing appointments;
appropriating money; amending Minnesota Statutes 2006, sections 13.51,
subdivision 3; 13.585, subdivision 5; 16D.02, subdivisions 3, 6; 16D.04,
subdivision 2, as amended; 60A.196; 163.051, subdivision 1; 168.012,
subdivision 1, by adding a subdivision; 168.013, subdivision 1f; 168A.03,
subdivision 1; 169.01, by adding a subdivision; 169.781, subdivision 1;
216B.1612, by adding a subdivision; 216B.1646; 270A.03, subdivision 7; 270A.08,
subdivision 1; 270B.15; 270C.33, subdivision 5; 270C.56, subdivisions 1, as
amended, 3; 270C.85, subdivision 2; 272.02, subdivisions 13, 20, 21, 27, 31,
38, 49, by adding subdivisions; 272.03, subdivision 3, by adding a subdivision;
273.11, subdivisions 1, 1a, 8, 14a, 14b, by adding subdivisions; 273.111,
subdivisions 3, as amended, 4, 8, 9, 11, 11a, by adding a subdivision; 273.121,
as amended; 273.124, subdivisions 1, 6, 13, as amended, 21; 273.128,
subdivision 1, as amended; 273.13, subdivisions 23, as amended, 24, 25, as
amended, 33, 34, as added; 273.1384, subdivisions 1, 2; 274.01, subdivision 3;
274.014, subdivision 3; 274.14; 275.025, subdivisions 1, 2; 275.065,
subdivisions 1c, 6, 8, 9, 10, by adding subdivisions; 275.70, by adding a
subdivision; 275.71; 276.04, subdivision 2, as amended; 282.08; 287.20,
subdivisions 3a, 9, by adding a subdivision; 289A.12, by adding a subdivision;
289A.18, subdivision 1, as amended; 289A.19, subdivision 2, by adding a
subdivision; 289A.20, subdivision 4, as amended; 289A.40, subdivision 1;
289A.50, subdivision 1; 289A.55, by adding a subdivision; 289A.60, subdivision
15, as amended, by adding a subdivision; 290.01, subdivisions 6, 6b, 19a, as
amended, 29, by adding a subdivision; 290.06, by adding subdivisions; 290.068,
subdivisions 1, 3, by adding subdivisions; 290.07, subdivision 1; 290.091,
subdivision 2, as amended; 290.21, subdivision 4; 290.92, subdivisions 1, 26,
31, as added; 290A.03, subdivision 13; 290A.04, subdivisions 2h, 3, 4, by
adding subdivisions; 290B.03, subdivision 1; 290B.04, subdivisions 1, 3, 4;
290B.05, subdivision 1; 290B.07; 291.03, subdivision 1; 295.50, subdivision 4;
295.52, subdivision 4, as amended; 295.53, subdivision 4a; 296A.07, subdivision
4; 296A.08, subdivision 3; 296A.16, subdivision 2; 297A.61, subdivisions 22,
29; 297A.665, as amended; 297A.67, subdivision 7, as amended; 297A.70,
subdivisions 2, 8; 297A.71, subdivision 23, by adding subdivisions; 297A.75;
297A.99, subdivision 1, as amended; 297A.995, subdivision 10, by adding
subdivisions; 297B.01, subdivision 7, by adding a subdivision; 297B.03;
297F.01, subdivision 8; 297F.09, subdivision 10, as amended; 297F.21,
subdivision 1; 297G.01, subdivision 9; 297G.09, subdivision 9, as amended;
297H.09; 297I.05, subdivision 12; 298.24, subdivision 1, as amended; 298.75,
subdivisions 1, 2, 6, 7; 365A.095; 383A.80, subdivision 4; 383A.81,
subdivisions 1, 2; 383B.80, subdivision 4; 383E.20; 429.101, subdivision 1;
469.033, subdivision 6; 469.040, subdivision 4; 469.174, subdivision 10b;
469.177, subdivision 1c, by adding a subdivision; 469.1813, subdivision 8;
469.312, by adding a subdivision;
469.319; 469.3201; 473.39,
by adding a subdivision; 473.446, subdivisions 2, 8; 477A.011, subdivisions 34,
36, as amended, by adding subdivisions; 477A.0124, subdivision 5; 477A.013,
subdivisions 1, 8, as amended, 9, as amended; 477A.03; Minnesota Statutes 2007
Supplement, sections 115A.1314, subdivision 2; 268.19, subdivision 1; 273.1231,
subdivision 7, by adding a subdivision; 273.1232, subdivision 1; 273.1233, subdivisions
1, 3; 273.1234; 273.1235, subdivisions 1, 3; 273.124, subdivision 14; 273.1393;
275.065, subdivisions 1, 1a, 3; 290.01, subdivision 19b, as amended; 298.227;
Laws 1991, chapter 291, article 8, section 27, subdivisions 3, as amended, 4,
as amended; Laws 1995, chapter 264, article 5, section 46, subdivision 2; Laws
2003, chapter 127, article 10, section 31, subdivision 1; Laws 2006, chapter
259, article 10, section 14, subdivision 1; Laws 2008, chapter 154, article 2,
section 11; article 3, section 7; article 9, sections 23; 24; proposing coding
for new law in Minnesota Statutes, chapters 60A; 116J; 169; 216F; 273; 298;
373; 383C; 383D; 383E; 469; proposing coding for new law as Minnesota Statutes,
chapter 290D; repealing Minnesota Statutes 2006, sections 10A.322, subdivision
4; 273.11, subdivision 14; 273.111, subdivision 6; 290.06, subdivision 23;
290.191, subdivision 4; 290A.04, subdivisions 2, 2b; 473.4461; 477A.014,
subdivision 5; Minnesota Statutes 2007 Supplement, section 477A.014,
subdivision 4; Laws 2005, First Special Session chapter 3, article 5, section
24; Minnesota Rules, parts 8031.0100, subpart 3; 8093.2100.
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 129 yeas
and 4 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Garofalo
Greiling
Ruud
Slocum
The bill was repassed, as amended by Conference, and its title
agreed to.
REPORT
FROM THE COMMITTEE ON RULES AND
LEGISLATIVE
ADMINISTRATION
Sertich from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bill to be
placed on the Supplemental Calendar for the Day for Sunday, May 18, 2008:
S. F. No. 3322.
CALENDAR FOR THE DAY
S. F. No. 3322, A bill for an act relating to human services;
improving management of state health care programs; modifying managed care
contracting; modifying county-based purchasing; requiring reports; amending
Minnesota Statutes 2006, sections 13.461, by adding a subdivision; 256B.69,
subdivision 5a, by adding subdivisions; 256B.692, subdivision 2, by adding a
subdivision; 256L.12, subdivision 9; Laws 2005, First Special Session chapter
4, article 8, section 84, as amended.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 113 yeas and 21
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Fritz
Gardner
Gottwalt
Greiling
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Berns
Brod
Buesgens
Dean
DeLaForest
Dettmer
Drazkowski
Finstad
Garofalo
Gunther
Hackbarth
Holberg
Hoppe
Kohls
Magnus
Olson
Peppin
Seifert
Simpson
Zellers
The bill was passed and its title agreed to.
There being no objection, the order of business reverted to
Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
H. F. No. 3346, A bill for an act relating to housing;
providing assistance to prevent mortgage foreclosure; increasing the maximum
amount of financial assistance; amending Minnesota Statutes 2006, section
462A.209, subdivision 7.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
H. F. No. 3376, A bill for an act relating to human services;
amending the MFIP work participation program; changing child care assistance
provisions; changing the child care assistance sliding fee scale; establishing
a child care advisory task force; requiring a mandated report; making technical
changes; amending Minnesota Statutes 2006, sections 119B.011, subdivision 17;
119B.03, subdivisions 1, 6; 119B.09, subdivisions 1, 9; 119B.125, by adding a
subdivision; 119B.21, subdivision 10; 256E.30, subdivision 1; 256E.35, subdivision
7; 256J.24, subdivision 5; 256J.39, by adding a subdivision; 256J.425,
subdivision 1; 256J.521, subdivision 4; 256J.54, subdivisions 2, 5; 256J.545;
Minnesota Statutes 2007 Supplement, sections 119B.12; 119B.125, subdivision 2;
119B.13, subdivisions 1, 7; 119B.21, subdivision 5; 119B.231, subdivision 5;
245C.08, subdivision 2; 256E.35, subdivision 2; 256J.20, subdivision 3;
256J.49, subdivision 13; 256J.626, subdivisions 3, 7; 256J.95, subdivision 3;
repealing Minnesota Statutes 2006, section 256K.25.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
H. F. No. 1812, A bill for an act relating to the financing,
organization, and operation of state government; providing for programs in
education, early childhood education, higher education, environment and natural
resources, energy, agriculture, veterans affairs, military affairs, jobs and
economic development activities or programs, transportation, public safety,
courts, human rights, judiciary, housing, public health, health department, and
human services; modifying certain statutory provisions and laws; providing for
certain programs for economic
and state affairs;
regulating certain activities and practices; regulating abortion funding;
fixing and limiting fees; providing for the taxation of certain corporations;
authorizing rulemaking, requiring studies and reports; providing civil
penalties; making technical corrections; providing for fund transfers;
appropriating money or reducing appropriations; amending Minnesota Statutes
2006, sections 3.30, subdivision 1; 3.855, subdivision 3; 3.971, subdivision 2;
10A.071, subdivision 3; 13.32, subdivision 3, by adding a subdivision; 13.461,
by adding a subdivision; 13.465, subdivision 8; 13.851, by adding a subdivision;
15A.081, subdivision 8; 15A.0815; 16A.133, subdivision 1; 16B.281, subdivision
3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 2; 16C.16, subdivision 5;
16E.01, subdivision 3; 16E.03, subdivision 1; 16E.04, subdivision 2; 17.4988,
subdivisions 2, 3; 43A.01, subdivision 3; 43A.17, subdivision 9; 84.788,
subdivision 3; 84.82, subdivision 2, by adding a subdivision; 84.922,
subdivision 2; 84.9256, subdivision 1; 85.011; 85.012, subdivisions 28, 49a;
85.013, subdivision 1; 85.054, subdivision 3, by adding a subdivision; 86B.401,
subdivision 2; 88.15, subdivision 2; 89.715; 93.481, by adding a subdivision;
97A.055, subdivision 4b; 97A.141, subdivision 1; 103A.204; 103A.43; 103B.151,
subdivision 1; 103G.291, by adding a subdivision; 103G.615, subdivision 2;
116J.423, by adding a subdivision; 116J.8731, subdivision 4; 116L.17, by adding
a subdivision; 116U.26; 119A.03, subdivision 1; 120B.131, subdivision 2;
120B.31, as amended; 120B.35, as amended; 120B.36, as amended; 120B.362;
122A.21; 123B.02, subdivision 21; 123B.59, subdivision 1; 123B.62; 124D.04,
subdivisions 3, 6, 8, 9; 124D.05, by adding a subdivision; 124D.10, subdivision
20; 124D.385, subdivision 4; 124D.55; 125A.65, by adding a subdivision;
125A.76, by adding a subdivision; 126C.10, subdivision 31, by adding a
subdivision; 126C.17, subdivision 9; 126C.21, subdivision 1; 126C.51; 126C.52,
subdivision 2, by adding a subdivision; 126C.53; 126C.55; 127A.45, subdivision
16; 136A.101, subdivision 8; 136A.121, subdivision 5; 136F.90, subdivision 1;
141.25, by adding a subdivision; 144.1222, subdivision 1a, by adding
subdivisions; 144.1501, subdivision 2; 144.218, subdivision 1; 144.225,
subdivision 2; 144.2252; 144.226, subdivision 1; 157.16, as amended; 168.1255,
by adding a subdivision; 171.29, subdivision 1; 190.19, subdivision 1, by
adding a subdivision; 192.501, by adding subdivisions; 197.585, subdivision 5;
216C.41, subdivision 4; 253B.045, subdivisions 1, 2, by adding a subdivision;
253B.185, subdivision 5; 256.01, by adding a subdivision; 256.741, subdivisions
2, 2a, 3; 256.969, subdivisions 2b, 20; 256B.0571, subdivisions 8, 9;
256B.0621, subdivisions 2, 6, 10; 256B.0917, subdivision 8; 256B.0924,
subdivisions 4, 6; 256B.19, subdivision 1d; 256B.431, subdivision 23; 256B.69,
subdivisions 5a, 6, by adding subdivisions; 256B.692, by adding a subdivision;
256D.44, subdivisions 2, 5; 256L.12, subdivision 9; 259.89, subdivision 1;
260C.317, subdivision 4; 268.125, subdivisions 1, 2, by adding a subdivision;
290.01, subdivisions 5, 19c, as amended, 19d, as amended, by adding a
subdivision; 290.17, subdivision 4; 298.2214, subdivisions 1, 2, as amended;
298.223, subdivision 2; 298.28, subdivisions 9b, 9d, as added; 298.292,
subdivision 2, as amended; 298.2961, subdivision 2; 341.21, as amended; 341.23;
341.26; 341.28, as amended; 341.29; 341.30; 341.32, as amended; 341.33; 341.34,
subdivision 1; 341.35; 341.37; 349A.02, subdivision 1; 446A.12, subdivision 1;
462A.22, subdivision 1; 473.1565, subdivision 3; 518A.50; 518A.53, subdivision
5; 609.531, subdivision 1; Minnesota Statutes 2007 Supplement, sections 3.922,
by adding a subdivision; 10A.01, subdivision 35; 16B.328, by adding a
subdivision; 80A.28, subdivision 1; 84.8205, subdivision 1; 103G.291,
subdivision 3; 116J.575, subdivision 1a; 116L.17, subdivision 1; 120B.021,
subdivision 1; 120B.024; 120B.30; 123B.143, subdivision 1; 124D.531,
subdivision 1; 126C.21, subdivision 3; 126C.44; 136A.121, subdivision 7a;
136A.126; 136A.127; 136A.128, by adding a subdivision; 136A.65, subdivisions 1,
3, 5, 6, 7; 136A.66; 136A.67; 136A.69; 136F.02, subdivision 1; 136F.03,
subdivision 4; 141.25, subdivision 5; 141.28, subdivision 1; 141.35; 144.4167,
by adding a subdivision; 190.19, subdivision 2; 214.04, subdivision 3;
216C.052, subdivision 2; 216C.41, subdivision 3; 253B.185, subdivision 1b;
256.741, subdivision 1; 256B.0625, subdivision 20; 256B.0631, subdivisions 1,
3; 256B.199; 256B.434, subdivision 19; 256B.441, subdivisions 1, 55, 56;
256J.621; 268.047, subdivisions 1, 2; 268.085, subdivisions 3, 9, 16; 268.125,
subdivision 3; 298.227; 341.22; 341.25; 341.27; 341.321; 446A.072, subdivisions
3, 5a; 446A.086; Laws 1999, chapter 223, article 2, section 72; Laws 2006,
chapter 282, article 2, section 27, subdivision 4; Laws 2007, chapter 45,
article 2, section 1; Laws 2007, chapter 54, article 1, section 11; Laws 2007,
chapter 57, article 1, section 4, subdivisions 3, 4, 6; Laws 2007, chapter 135,
article 1, section 3, subdivisions 2, 3; Laws 2007, chapter 144, article 1,
sections 3, subdivisions 2, 18; 5, subdivisions 2, 5; Laws 2007, chapter 146,
article 1, section 24, subdivisions 2, 3, 4, 5, 6, 7, 8; article 2, section 46,
subdivisions 2, 3, 4, 6, 9, 13; article 3, sections 23, subdivision 2; 24,
subdivisions 3, 4, 9; article 4, section 16, subdivisions 2, 3, 6, 8; article
5, section 13, subdivisions 2, 3, 4, 5; article 7, section 4; article 9,
section 17, subdivisions 2, 3, 4, 8, 9, 13; Laws 2007, chapter 147, article 2,
section 21; article 19, section 3, subdivisions 1, 4; Laws 2007, chapter 148,
article
1, sections 7; 12,
subdivision 4; Laws 2007, First Special Session chapter 2, article 1, section
11, subdivisions 1, 2, 6; Laws 2008, chapter 152, article 1, section 6,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 5;
13B; 16A; 43A; 115A; 116J; 120B; 121A; 124D; 127A; 136F; 144; 192; 256B; 268;
325F; 341; 446A; repealing Minnesota Statutes 2006, sections 16B.281,
subdivisions 2, 4, 5; 16B.285; 84.961, subdivision 4; 85.013, subdivision 21b;
97A.141, subdivision 2; 121A.67; 125A.16; 125A.19; 125A.20; 125A.57; 168.123,
subdivision 2a; 256.741, subdivision 15; 256J.24, subdivision 6; 259.83,
subdivision 3; 259.89, subdivisions 2, 3, 4, 5; 290.01, subdivision 6b; 298.28,
subdivision 9a; 341.31; 645.44, subdivision 19; Minnesota Statutes 2007
Supplement, section 256.969, subdivision 27; Laws 1989, chapter 335, article 1,
section 21, subdivision 8, as amended; Laws 2004, chapter 188, section 2; Laws
2006, chapter 263, article 3, section 16; Laws 2007, First Special Session
chapter 2, article 1, section 11, subdivisions 3, 4.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 4072, A bill for an act relating to capital
improvements; appropriating money for asset preservation at the University of
Minnesota and Minnesota State Colleges and Universities; authorizing the sale
and issuance of state bonds.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Hausman moved that the House concur in the Senate amendments to
H. F. No. 4072 and that the bill be repassed as amended by the
Senate.
Jaros was excused for the remainder of today's session.
MOTION
TO ADJOURN SINE DIE
Buesgens moved that the House adjourn sine die.
A roll call was requested and properly seconded.
The question was taken on the Buesgens motion and the roll was
called. There were 17 yeas and 116 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Brod
Buesgens
Dean
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gottwalt
Hackbarth
Kohls
Peppin
Seifert
Severson
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Garofalo
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail.
The question recurred on the Hausman motion that the House
concur in the Senate amendments to H. F. No. 4072 and that the
bill be repassed as amended by the Senate.
The motion prevailed.
H. F. No. 4072, A bill for an act relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other improvements of a capital nature with certain conditions;
authorizing the sale of state bonds; modifying previous appropriations;
appropriating money; amending Minnesota Statutes 2006, sections 16B.325, as
amended; 16B.335, subdivision 2, as amended; 85.012, by adding a subdivision;
473.4051, as amended; Minnesota Statutes 2007 Supplement, section 16A.531,
subdivision 1a; Laws 2005, chapter 20, article 1, section 23, subdivision 8, as
amended; Laws 2006, chapter 258, sections 16, subdivision 5; 19, subdivision 4;
21, subdivision 15, as amended; Laws 2008, chapter 179, sections 3, subdivision
12; 5, subdivision 5; 11; 15, subdivision 7; 17, subdivision 2; 21, subdivision
15; 26; repealing Laws 2008, chapter 179, section 27, subdivision 2.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 107 yeas
and 26 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dettmer
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Scalze
Sertich
Severson
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Brod
Buesgens
Dean
DeLaForest
Dill
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Hackbarth
Heidgerken
Holberg
Hoppe
Howes
Juhnke
Kohls
Nornes
Olson
Peppin
Sailer
Seifert
Shimanski
Westrom
Zellers
Having received the constitutionally required three-fifths
vote, the bill was repassed, as amended by the Senate, and its title agreed to.
Sertich moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
MESSAGES FROM THE SENATE, Continued
The following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
H. F. No. 3149, A bill for an act relating to the financing and
operation of state and local government; making policy, technical,
administrative, enforcement, collection, refund, clarifying, and other changes
to income, franchise, property, sales and use, minerals, wheelage, mortgage,
deed, and estate taxes, and other taxes and tax-related provisions; providing
for homestead credit state refund; providing for aids to local governments;
providing city foreclosure and deed grants; changing and providing property tax
exemptions and credits; modifying job opportunity building zone program;
modifying green acre eligibility requirements; providing aggregate resource
preservation property tax law; providing seasonal recreational property tax
deferral program; modifying eligibility for senior citizen tax deferral
program; modifying transit taxing district; modifying levies, property
valuation procedures, homestead provisions, property tax classes, and class
rates; providing for and modifying sales tax exemptions; exempting two-wheel,
motorized vehicles from wheelage tax; providing credits; providing for
additional financing
of metropolitan area transit
and paratransit capital expenditures; authorizing issuance of certain
obligations; modifying provision governing bonding for county libraries;
changing and authorizing powers, duties, and requirements of local governments
and authorities and state departments or agencies; modifying, extending, and
authorizing certain tax increment financing districts; authorizing and
modifying local sales taxes; prohibiting the imposition of new local sales
taxes; providing federal updates; changing accelerated sales tax; creating
Surplus Lines Association of Minnesota; creating Iron Range revitalization
account; changing provisions related to data practices and debt collection;
requiring studies; providing appointments; appropriating money; amending
Minnesota Statutes 2006, sections 13.51, subdivision 3; 13.585, subdivision 5;
16D.02, subdivisions 3, 6; 16D.04, subdivision 2, as amended; 60A.196; 163.051,
subdivision 1; 168.012, subdivision 1, by adding a subdivision; 168.013,
subdivision 1f; 168A.03, subdivision 1; 169.01, by adding a subdivision;
169.781, subdivision 1; 216B.1612, by adding a subdivision; 216B.1646; 270A.08,
subdivision 1; 270B.15; 270C.33, subdivision 5; 270C.56, subdivisions 1, as
amended, 3; 270C.85, subdivision 2; 272.02, subdivisions 13, 20, 21, 27, 31,
38, 49, by adding subdivisions; 272.03, subdivision 3, by adding a subdivision;
273.11, subdivisions 1, 1a, 8, 14b, by adding subdivisions; 273.111,
subdivisions 3, as amended, 4, 8, 9, 11, 11a, by adding a subdivision; 273.121,
as amended; 273.124, subdivisions 1, 6, 13, as amended, 21; 273.128,
subdivision 1, as amended; 273.13, subdivisions 23, as amended, 24, 25, as
amended, 33, 34, as added; 273.1384, subdivisions 1, 2; 274.01, subdivision 3;
274.014, subdivision 3; 274.14; 275.025, subdivisions 1, 2; 275.065,
subdivisions 1c, 6, 8, 9, 10, by adding subdivisions; 276.04, subdivision 2, as
amended; 282.08; 287.20, subdivisions 3a, 9, by adding a subdivision; 289A.12,
by adding a subdivision; 289A.18, subdivision 1, as amended; 289A.19,
subdivision 2, by adding a subdivision; 289A.20, subdivision 4, as amended;
289A.40, subdivision 1; 289A.55, by adding a subdivision; 289A.60, subdivision
15, as amended, by adding a subdivision; 290.01, subdivisions 6b, 19a, as
amended, 29, by adding a subdivision; 290.06, by adding subdivisions; 290.068,
subdivisions 1, 3, by adding subdivisions; 290.07, subdivision 1; 290.091, subdivision
2, as amended; 290.21, subdivision 4; 290.92, subdivisions 1, 26, 31, as added;
290A.03, subdivision 13; 290A.04, subdivisions 2h, 3, 4, by adding
subdivisions; 290B.03, subdivision 1; 290B.04, subdivisions 1, 3, 4; 290B.05,
subdivision 1; 290B.07; 291.03, subdivision 1; 295.50, subdivision 4; 295.52,
subdivision 4, as amended; 295.53, subdivision 4a; 296A.07, subdivision 4;
296A.08, subdivision 3; 296A.16, subdivision 2; 297A.61, subdivisions 22, 29;
297A.665, as amended; 297A.67, subdivision 7, as amended; 297A.70, subdivisions
2, 8; 297A.71, subdivision 23, by adding subdivisions; 297A.75; 297A.99,
subdivision 1, as amended; 297A.995, subdivision 10, by adding subdivisions;
297B.01, subdivision 7, by adding a subdivision; 297B.03; 297F.01, subdivision
8; 297F.09, subdivision 10, as amended; 297F.21, subdivision 1; 297G.01,
subdivision 9; 297G.09, subdivision 9, as amended; 297H.09; 297I.05,
subdivision 12; 298.24, subdivision 1, as amended; 298.75, subdivisions 1, 2,
6, 7; 365A.095; 383A.80, subdivision 4; 383A.81, subdivisions 1, 2; 383B.80,
subdivision 4; 383E.20; 429.101, subdivision 1; 469.033, subdivision 6;
469.040, subdivision 4; 469.174, subdivision 10b; 469.177, subdivision 1c, by
adding a subdivision; 469.1813, subdivision 8; 469.312, by adding a
subdivision; 469.319; 469.3201; 473.39, by adding a subdivision; 473.446,
subdivisions 2, 8; 477A.011, subdivisions 34, 36, as amended, by adding
subdivisions; 477A.0124, subdivision 5; 477A.013, subdivisions 1, 8, as
amended, 9, as amended; 477A.03; Minnesota Statutes 2007 Supplement, sections
115A.1314, subdivision 2; 268.19, subdivision 1; 273.1231, subdivision 7, by
adding a subdivision; 273.1232, subdivision 1; 273.1233, subdivisions 1, 3;
273.1234; 273.1235, subdivisions 1, 3; 273.124, subdivision 14; 273.1393;
275.065, subdivisions 1, 1a, 3; 298.227; Laws 1991, chapter 291, article 8,
section 27, subdivisions 3, as amended, 4, as amended; Laws 1995, chapter 264,
article 5, section 46, subdivision 2; Laws 2003, chapter 127, article 10, section
31, subdivision 1; Laws 2006, chapter 259, article 10, section 14, subdivision
1; Laws 2008, chapter 154, article 2, section 11; article 3, section 7; article
9, sections 23; 24; proposing coding for new law in Minnesota Statutes,
chapters 60A; 116J; 169; 216F; 273; 298; 373; 383C; 383D; 383E; 469; proposing
coding for new law as Minnesota Statutes, chapter 290D; repealing Minnesota
Statutes 2006, sections 273.11, subdivisions 14, 14a; 273.111, subdivision 6;
290.191, subdivision 4; 290A.04, subdivisions 2, 2b; 473.4461; 477A.014,
subdivision 5; Minnesota Statutes 2007 Supplement, section 477A.014,
subdivision 4; Laws 2005, First Special Session chapter 3, article 5, section
24; Minnesota Rules, parts 8031.0100, subpart 3; 8093.2100.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 2492.
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.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONFERENCE
COMMITTEE REPORT ON S. F. NO. 2492
A bill for an act relating to state government; appropriating
money for environment and natural resources; providing for repayment of certain
appropriations from the environment and natural resources trust fund; amending
Minnesota Statutes 2006, section 116P.10.
May
18, 2008
The Honorable James P.
Metzen
President of the Senate
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
We, the undersigned conferees for S. F. No. 2492 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.
2492 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. MINNESOTA RESOURCES APPROPRIATION.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this act. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2008" and
"2009" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first year" is fiscal year 2008. "The second
year" is fiscal year 2009. "The biennium" is fiscal years 2008
and 2009. Appropriations for the fiscal
year ending June 30, 2008, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 2. MINNESOTA RESOURCES.
Subdivision 1. Total Appropriation $86,000 $22,866,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Appropriations by Fund
2008 2009
Environment and Natural
Resources Trust -0- 22,866,000
Great Lakes
Protection Account 86,000 -0-
Appropriations are available for two years beginning
July 1, 2008, unless otherwise stated in the appropriation. Any unencumbered balance remaining in the
first year does not cancel and is available for the second year.
Subd. 2. Definitions
(a) "Trust fund" means the Minnesota
environment and natural resources trust fund referred to in Minnesota Statutes,
section 116P.02, subdivision 6.
(b) "Great Lakes protection account" means
the account referred to in Minnesota Statutes, section 116Q.02.
Subd. 3. Land and Habitat -0- 15,817,000
Appropriations by Fund
Trust Fund -0- 15,817,000
(a) Metro Conservation
Corridors (MeCC) - Phase IV
$3,150,000 is from the trust fund to the
commissioner of natural resources for the fourth appropriation for acceleration
of agency programs and cooperative agreements.
Of this appropriation, $1,915,000 is for Department of Natural Resources
agency programs and $1,235,000 is for agreements as follows: $475,000 with the
Trust for Public Land; $92,000 with Friends of the Mississippi River; $111,000
with Great River Greening; $225,000 with Minnesota Land Trust; $225,000 with
Minnesota Valley National Wildlife Refuge Trust, Inc.; and $107,000 with
Friends of the Minnesota Valley for the purposes of planning, restoring, and
protecting important natural areas in the metropolitan area, as defined under
Minnesota Statutes, section 473.121, subdivision 2, and portions of the
surrounding counties, through grants, contracted services, conservation
easements, and fee title
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
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 corridor 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.
All conservation easements must be perpetual and have a natural resource
management plan. Any land acquired in
fee title by the commissioner of natural resources with money from this
appropriation must be designated as an outdoor recreation unit under Minnesota
Statutes, section 86A.07. The
commissioner may similarly designate any lands acquired in less than fee
title. A list of proposed restorations
and fee title and easement acquisitions must be provided as part of the
required work program. All funding for
conservation easements must include a long-term stewardship plan and funding
for monitoring and enforcing the agreement.
(b) Vermillion River
Corridor Acquisition and Restoration in Dakota County
$400,000 is from the trust
fund to the commissioner of natural resources for an agreement with Dakota
County to develop and implement a comprehensive and integrated water quality,
wildlife habitat, and outdoor recreational corridor plan in the Vermillion
River watershed through easement and fee title acquisition and
restoration. At least 90 percent of
this appropriation must be spent on the implementation of the comprehensive
plan. A list of proposed restorations
and fee title and easement acquisitions must be provided as part of the
required work program. All funding for
conservation easements must include a long-term stewardship plan and funding
for monitoring and enforcing the agreement.
This appropriation is available until June 30, 2011, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program. On
January 2, 2009, the unobligated balance of the appropriation for Dakota County
wildlife habitat acquisition and development in Laws 1999, chapter 231, section
16, subdivision 13, paragraph (m), is transferred and added to this
appropriation.
(c) Minnesota Habitat
Conservation Partnership - Phase V
$3,150,000 is from the trust
fund for the fifth appropriation for acceleration of agency programs and
cooperative agreements. Of this
appropriation, $250,000 is to the Board of Water and Soil
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Resources; $733,500 is to
the commissioner of natural resources for agency programs; and $2,166,500 is
for agreements as follows: $420,000 with Pheasants Forever; $30,000 with
Minnesota Deer Hunters Association; $597,500 with Ducks Unlimited, Inc.;
$85,000 with National Wild Turkey Federation; $317,000 with the Nature
Conservancy; $210,000 with Minnesota Land Trust; $350,000 with the Trust for
Public Land; $50,000 with Minnesota Valley National Wildlife Refuge Trust,
Inc.; $30,000 with U.S. Fish and
Wildlife Service; $30,000 with the Leech Lake Band of Chippewa; $27,000 with
the Fond du Lac Band of Chippewa; and $20,000 with Friends of Detroit Lakes
Watershed Management District to plan, restore, and acquire fragmented
landscape corridors that connect areas of quality habitat to sustain fish,
wildlife, and plants. The USDA-Natural
Resources Conservation Service is a cooperating partner in the
appropriation. Expenditures are limited
to the project corridor 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. All conservation
easements must be perpetual and have a natural resource management plan. Any land acquired in fee title by the
commissioner of natural resources with money from this appropriation must be
designated as an outdoor recreation unit under Minnesota Statutes, section
86A.07. The commissioner may similarly
designate any lands acquired in less than fee title. A list of proposed restorations and fee title and easement
acquisitions must be provided as part of the required work program. All funding for conservation easements must
include a long-term stewardship plan and funding for monitoring and enforcing
the agreement.
(d) Preserving the Avon
Hills Landscape
$337,000 is from the trust
fund to the commissioner of natural resources for a grant to Saint John's
Arboretum and University for community outreach, in cooperation with the
Minnesota Land Trust; conservation easements, in cooperation with the Minnesota
Land Trust; and local ordinance reviews and recommendations for the Avon Hills
landscape in Stearns County. A list of
proposed fee title and easement acquisitions must be provided as part of the
required work program. All funding for
conservation easements must include a long-term stewardship plan and appropriate
funding for monitoring. This
appropriation is available until June 30, 2011, 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
2008 2009
(e) Minnesota River Valley
Green Corridor Land Protection
$1,000,000 is from the trust
fund to the commissioner of natural resources for an agreement with the
Southwest Initiative Foundation for planning, acquisition, and easements in the
Minnesota River Valley. The priority
for acquisition must be on lands with native prairies, unique geological
features, fens, and wetlands not currently under a permanent protection
program. A list of proposed
restorations and fee title and easement acquisitions must be provided as part
of the required work program. All
funding for conservation easements must include a long-term stewardship plan
and funding for monitoring and enforcing the agreement. No more than ten percent may be spent on
planning and management.
(f) Scientific and Natural
Area Acquisition
$1,000,000 is from the trust
fund to the commissioner of natural resources for acquisition of scientific and
natural areas in the southern two-thirds of Minnesota. A list of proposed acquisitions must be
provided as part of the required work program.
(g) State Land Acquisition
Consolidation
$500,000 is from the trust
fund to the commissioner of natural resources to consolidate state land
ownership through acquisition and sale to reduce forest fragmentation and
enhance management efficiency. A list
of proposed fee title and easement acquisitions must be provided as part of the
required work program. All funding for
conservation easements must include a long-term stewardship plan and funding
for monitoring and enforcing the agreement.
Minnesota Statutes, sections 94.16 and 94.165, apply to the proceeds
from the sale of land. For this
appropriation, the Department of Natural Resources must establish a separate
revolving account under Minnesota Statutes, section 94.165, for the use and
accounting of trust fund money. This
appropriation is available until June 30, 2011, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(h) State Park and Trail
Land Acquisition
$1,500,000 is from the trust
fund to the commissioner of natural resources to acquire land for designated
state trail alignments and in-holdings for state parks. Land acquired with this appropriation must
be sufficiently improved to meet at least minimum management standards as
determined by the commissioner of natural resources. A list of proposed acquisitions must be provided as part of the
required work program.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(i) Metropolitan Regional
Park System Land Acquisition
$1,500,000 is from the trust
fund to the Metropolitan Council for subgrants for the acquisition of lands
within the approved park unit boundaries of the metropolitan regional park
system. This appropriation may not be
used for the purchase of residential structures. Subdivision 11 applies to grants awarded in the approved work
program. A list of proposed fee title
and easement acquisitions must be provided as part of the required work
program. All funding for conservation
easements must include a long-term stewardship plan and funding for monitoring
and enforcing the agreement. This
appropriation must be matched by at least 40 percent of nonstate money and must
be committed by December 31, 2008, or the appropriation cancels. This appropriation is available until June
30, 2011, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(j) Local Initiative Grants
- Regional Parks and Natural Areas
$1,000,000 is from the trust
fund to the commissioner of natural resources for a grant to Wright County for
land acquisition for a proposed regional park on the Bertram Chain of Lakes in
Wright County. If the acquisition for a
proposed regional park on the Bertram Chain of Lakes is not completed by June
30, 2010, then the appropriation is available for matching grants to other
local governments for acquisition of regional parks and natural and scenic
areas as provided in Minnesota Statutes, section 85.019, subdivisions 2,
paragraph (b), and 4a. This
appropriation is available until June 30, 2011, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(k) Conservation
Partners/Environmental Partnerships Matching Grant Program
$150,000 is from the trust
fund to the commissioner of natural resources to provide matching grants to
local governments and private, nonprofit organizations for projects that
enhance fish, wildlife, and native plant habitat, provide related research or
surveys, and protect and enhance the state's natural environment.
(l) County Trail System
Design
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$175,000 is from the trust
fund to the Board of Regents of the University of Minnesota to design
recreational trail systems for Lyon, Brown, Redwood, and Renville Counties.
(m) Accelerated Prairie
Management, Survey, Acquisition, and Evaluation
$1,250,000 is from the trust
fund to the commissioner of natural resources to provide for a rapid assessment
of remaining native prairie, accelerate the Minnesota county biological survey
in the prairie region, provide technical assistance to private prairie
landowners, accelerate management of public and private prairie lands, evaluate
and monitor prairie conditions and associated wildlife, and acquire prairie
natural areas, prairie bank easements, and buffers. At least $475,000 of this appropriation must be spent on
acquisition. A list of proposed
restorations and fee title and easement acquisitions must be provided as part
of the required work program. All
funding for conservation easements must include a long-term stewardship plan and
funding for monitoring and enforcing the agreement.
(n) Prairie Ecosystem
Restoration
$80,000 is from the trust
fund to the Board of Water and Soil Resources for an agreement with the Martin
County Soil and Water Conservation District to collect and propagate local
ecotype native plant materials from prairie remnants for establishment on lands
with perpetual conservation protection in Martin County. If the Martin County Soil and Water
Conservation District sells seeds or plants that were collected or propagated
using money from this appropriation, the net proceeds of the sale must be
repaid to the trust fund.
(o) Best Practices for
Native Prairie Management
$45,000 is from the trust
fund to the commissioner of natural resources for an agreement with the
Minnesota Recreation and Park Association to provide information on best
practices for native prairie management through field demonstrations, regional
workshops, and the Web.
(p) Impacts of Climate
Change and CO2 on Prairie and Forest Production
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$330,000 is from the trust
fund to the Board of Regents of the University of Minnesota to accelerate
research simulating future changing CO2, rainfall, and temperature
level impacts on biomass production, carbon sequestration, and water quality in
prairie and tree species. This
appropriation is available until June 30, 2011, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(q) Biofuel Production and
Wildlife Conservation in Working Prairies
$250,000
is from the trust fund to the Board of Regents of the University of Minnesota
to research and evaluate methods of managing diverse working prairies for
wildlife and renewable bioenergy production.
On June 1, 2008, the $500,000 appropriation for the Phillips biomass
community energy system under Laws 2006, chapter 243, section 20, subdivision
3, is transferred and added to this appropriation. This appropriation is available until June 30, 2011, at which
time the project must be completed and final products delivered, unless an
earlier date is specified in the work program.
Subd. 4. Water Resources 86,000 3,430,000
Appropriations by Fund
Trust Fund -0- 3,430,000
Great Lakes
Protection Account 86,000 -0-
(a) Future of Energy and
Minnesota Water Resources
$270,000 is from the trust
fund to the Board of Regents of the University of Minnesota to spatially model
water demand in Minnesota under differing energy production scenarios and
develop a Web-based tool for comparing policy scenarios impacts on water
resources in the state.
(b) Accelerating Plans for
Integrated Control of the Common Carp
$550,000 is from the trust
fund to the Board of Regents of the University of Minnesota to accelerate
research on new approaches to control the invasive common carp. This appropriation is available until June
30, 2011, 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
2008 2009
(c) Testing Pesticides and
Degradates in Public Drinking Water
$368,000 is from the trust
fund to the commissioner of agriculture, in cooperation with the commissioner
of health, to purchase equipment and supplies to accelerate the sampling of
public water supplies for the presence and concentration of pesticides and
their degradates for health risk assessments.
(d) Assessment of Riparian
Buffers in the Whitewater River Watershed
$52,000 is from the trust
fund to the Board of Water and Soil Resources for an agreement with the
Whitewater Joint Powers Board to inventory streams and adjacent land use and
survey riparian landowners to assist in the prioritization of restoration
efforts to improve water quality, habitat, and future enforcement of riparian
buffers in the southeast ten-county region of the Southeast Minnesota Water
Resources Board.
(e) Intralake Zoning to
Protect Sensitive Lakeshore Areas
$125,000 is from the trust
fund to the commissioner of natural resources for the second appropriation for
a cooperative effort with Cass County to identify sensitive shorelines for the
highest priority lakes and develop innovative zoning in Cass County to protect
water quality and near-shore habitat.
This appropriation is available until June 30, 2011, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(f) Native Shoreland Buffer
Incentives Program
$225,000 is from the trust
fund to the commissioner of natural resources to accelerate the native
shoreland buffer incentive program through market research, technical
assistance, and competitive grants to local governments for creating and
implementing shoreland buffer incentive programs. Grant recipients must have current shoreline management
requirements and effective enforcement.
This appropriation is available until June 30, 2011, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(g) Southeast Minnesota
Stream Restoration Projects
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$240,000 is from the trust
fund to the commissioner of natural resources for an agreement with Trout
Unlimited to accelerate stream bank stabilization projects on at least six
miles of streams through restoration, providing technical assistance, and
conducting workshops. This
appropriation is available until June 30, 2011, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(h) South-Central Minnesota
Groundwater Monitoring and County Geologic Atlases
$1,600,000 is from the trust
fund for collection and interpretation of subsurface geological information and
acceleration of the county geologic atlas program. $706,000 of this
appropriation is to the Board of Regents of the University of Minnesota for the
Geological Survey to begin county geologic atlases in three counties. $894,000
of this appropriation is to the commissioner of natural resources to
investigate the physical and recharge characteristics of the Mt. Simon
aquifer. This appropriation represents
a continuing effort to complete the county geologic atlases throughout the
state. This appropriation is available
until June 30, 2011, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.
(i) Lake Superior Research
$86,000 is from the Great
Lakes protection account to the Board of Regents of the University of Minnesota
for the Large Lakes Observatory for research on Lake Superior waters. This appropriation is added to Laws 2006,
chapter 243, section 20, subdivision 6, Lake Superior research. This appropriation is effective the day
following final enactment and is available until June 30, 2011, at which time
the project must be completed and final products delivered, unless an earlier
date is specified in the work program.
Subd. 5. Natural Resource Information -0- 2,365,000
Appropriations by Fund
Trust Fund -0- 2,365,000
(a) Updating the National
Wetlands Inventory for Minnesota
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$550,000 is from the trust
fund to the commissioner of natural resources to begin updating the National
Wetlands Inventory through standards development, mapping, training, and
imagery acquisition. This is the first
phase of an overall effort to update the inventory statewide. This appropriation is available until June
30, 2011, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(b) Soil Survey
$400,000 is from the trust
fund to the Board of Water and Soil Resources for soil survey mapping and
interpretation efforts in areas of the state, including Crow Wing, Pine, Cook,
Lake, and Isanti Counties, and to accelerate the delivery of soils data through
the Internet as a Web-based soil survey.
The new soil surveys must be done on a cost-share basis with local and
federal funds.
(c) Updating Precipitation
Intensities for Runoff Estimation and Infrastructure Designs
$100,000 is from the trust
fund to the commissioner of the Pollution Control Agency for a cooperative
agreement with the National Oceanic and Atmospheric Administration to partially
fund a multistate effort to obtain updated climate change related rainfall
frequencies to enhance engineering of storm water conveyance and treatment
systems and roads. The acquired data
shall be distributed free of charge.
This appropriation is available until June 30, 2011, at which time the project
must be completed and final products delivered, unless an earlier date is
specified in the work program.
(d) Minnesota Breeding Bird
Atlas
$270,000 is from the trust
fund to develop a statewide survey of Minnesota breeding bird distribution and
create related publications, including a book and online atlas with
distribution maps and breeding status.
Of this appropriation, $169,000 is to the commissioner of natural
resources for an agreement with Audubon Minnesota and $101,000 is to the Board
of Regents of the University of Minnesota for the Natural Resources Research
Institute. The atlas must be available
for downloading on the Internet free of charge.
(e) Restorable Wetlands
Inventory
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$245,000 is from the trust
fund to the commissioner of natural resources for an agreement with Ducks
Unlimited, Inc., to continue the inventory, mapping, and digitizing of drained
restorable wetlands in the southwest prairie region of Minnesota. This appropriation is available until June
30, 2011, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(f) Wildlife Disease Data
Surveillance and Analysis
$100,000 is from the trust
fund to the Board of Regents of the University of Minnesota for the Raptor
Center to develop a GIS-based database that catalogs symptoms and conditions
observed in injured wildlife.
(g) Conservation Easement
Stewardship, Oversight, and Maintenance
$180,000 is from the trust
fund to the Board of Water and Soil Resources to enhance long-term stewardship,
oversight, and maintenance of conservation easements held by the board and to
update the current easement database.
This effort must be done in cooperation with the Department of Natural
Resources. This appropriation is available
until June 30, 2011, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.
(h) Conservation Easement
Stewardship and Enforcement Program Plan
$520,000 is from the trust fund
to the commissioner of natural resources to inventory and digitize the
department's conservation easements and prepare a plan for monitoring,
stewardship, and enforcement. This
effort must be done in cooperation with the Board of Water and Soil Resources. This appropriation is available until June
30, 2011, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
Subd. 6. Environmental Education -0- 1,099,000
Appropriations by Fund
Trust Fund -0- 1,099,000
(a) Waters of Minnesota
Documentary on Watersheds
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$349,000 is from the trust
fund to the Board of Regents of the University of Minnesota for the Bell Museum
of Natural History to begin the development of an educational documentary
television series on the waters of Minnesota designed to promote watershed
understanding and citizen action in protecting, restoring, and conserving water
resources. This appropriation is
available until June 30, 2011, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.
(b) Global Warming -
Reducing Carbon Footprint of Minnesota Schools
$750,000 is from the trust
fund to the commissioner of the Pollution Control Agency to provide
student-focused grants to high schools, colleges, and universities to identify
their carbon footprints and develop and implement innovative plans to reduce
carbon emissions. This appropriation is
available until June 30, 2011, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.
Subd. 7. Emerging Issues Account -0- 155,000
$155,000 is from the trust
fund for an emerging issues account as authorized under Minnesota Statutes,
section 116P.08, subdivision 4, paragraph (d).
Subd. 8. Availability of Appropriations
Unless otherwise provided,
the amounts in this section are available until June 30, 2010, when projects
must be completed and final products delivered. For acquisition of real property, the amounts in this section are
available until June 30, 2011, if a binding contract is entered into by June
30, 2010, and closed not later than June 30, 2011. The time period for the amounts available in this section may be
extended by up to one year through an approved work program. If a project receives a federal grant, the
time period of the appropriation is extended to equal the federal grant period.
Subd. 9. Data Availability Requirements
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
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
conform to the enterprise
information architecture developed by the Office of Enterprise 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 the Office of Enterprise Technology geographic metadata
standards must be submitted to the Land Management Information Center to be
made available online through the clearinghouse and the data must be accessible
and free to the public unless made private under the Data Practices Act,
Minnesota Statutes, chapter 13.
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.
Subd. 10. Project Requirements
(a) As a condition of
accepting an appropriation in this section, any agency or entity receiving the
appropriation must, for any project funded in whole or in part with funds from
this appropriation:
(1) comply with Minnesota
Statutes, chapter 116P;
(2) plant vegetation only of
native ecotypes to Minnesota and preferably of the local ecotype using a high
diversity of species grown as close to the restoration site as possible;
(3) when restoring prairies:
(i) the seeds and plant
materials must originate in the same county as the restoration site or within
25 miles of the county border, but not across the boundary of an ecotype
region. Ecotype regions are defined by
the Department of Natural Resources map, "Minnesota Ecotype Regions Map -
County Landscape Groupings Based on Ecological Subsections," dated
February 15, 2007;
(ii) if seeds and plant
material described in item (i) are not available, then the restoration must use
seeds and plant materials from within the same ecotype region; or
(iii) if seeds and plant
material described in item (i) or (ii) are not available, then the restoration
must use seeds and plant material from within the same ecotype region or within
25 miles of the ecotype region boundary.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Use of seeds and plant
materials from beyond the geographic areas described in this clause must be
expressly approved in the work program;
(4) provide that all
conservation easements:
(i) are perpetual;
(ii) specify the parties to
an easement in the easement;
(iii) specify all of the
provisions of an agreement that are perpetual;
(iv) are sent to the
commission office in an electronic format; and
(v) include a long-term
stewardship plan and funding for monitoring and enforcing the easement
agreement;
(5) give priority in any
acquisition of land or interest in land to high quality natural resources or
conservation lands that provide natural buffers to water resources; and
(6) provide documentation to
the Legislative-Citizen Commission on Minnesota Resources in order to ensure
public accountability for the use of public funds of the selection process used
to identify parcels acquired and provide documentation of all related
transaction costs, including but not limited to appraisals, legal fees,
recording fees, commissions, other similar costs, and donations. This information must be provided for all
parties involved in the transaction. The recipient shall also report to the
Legislative‑Citizen Commission on Minnesota Resources any difference
between the acquisition amount paid to the seller and the state certified or
state reviewed appraisal. Acquisition
data such as appraisals may remain private during negotiations but
must ultimately be made public according to Minnesota Statutes, chapter
13.
(b) The commission shall
review the requirement in paragraph (a), clause (6), and provide a
recommendation whether or not to continue or modify the requirement in future
years. The commission may waive the
application of the requirement in paragraph (a), clause (6), for specific
projects.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 11. 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, 2008, or the date the work program is approved,
whichever is later, are eligible for reimbursement unless otherwise provided in
this section. Periodic payment must be
made upon receiving documentation that the deliverable items articulated in the
approved work program have been achieved, including partial achievements as evidenced
by approved progress reports. Reasonable
amounts may be advanced to projects to accommodate cash flow needs or match
federal money. 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. 12. 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.
Subd. 13. Energy Conservation and Sustainable
Building Guidelines
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 and
sustainable building guidelines and standards contained in law, including
Minnesota Statutes, sections 16B.325, 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. 14. Accessibility
Structural and nonstructural
facilities must meet the design standards in the Americans with Disability Act
(ADA) accessibility guidelines.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 15. Carryforward
(a) The availability of the
appropriations for the following projects are extended to June 30, 2009:
(1) Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 6, paragraph (h), as
extended by Laws 2007, chapter 57, article 1, section 4, subdivision 6, Paul
Bunyan State Trail connection; and
(2) Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 7, paragraph (j),
improving impaired watersheds conservation drainage research.
(b) The availability of the
appropriations for the following projects are extended to June 30, 2010:
(1) Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 6, paragraph (e),
metropolitan regional parks acquisition, rehabilitation, and development;
(2) Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 6, paragraph (p), land
acquisition, Minnesota Landscape Arboretum;
(3) Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 7, paragraph (i),
improving water quality on the central sands; and
(4) Laws 2003, chapter 128,
article 1, section 9, subdivision 6, paragraph (l), as amended by Laws 2005,
First Special Session chapter 1, article 2, section 150, as extended by Laws
2006, chapter 243, section 16, land acquisition, Minnesota Landscape Arboretum.
Subd. 16. 2009 Recommendations
In 2008, the
Legislative-Citizen Commission on Minnesota Resources shall consider requesting
proposals for biological control or other innovative control methods of aquatic
and terrestrial invasive species.
Sec. 3. Minnesota Statutes 2006, section 116P.10, is
amended to read:
116P.10 ROYALTIES, COPYRIGHTS, PATENTS, AND SALE OF PRODUCTS AND
ASSETS.
(a) 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."
(b) The fund owns and shall take
title to the percentage of a royalty, copyright, or patent resulting from a
project supported by the fund equal to the percentage of the project's total
funding provided by the fund. Cash
receipts resulting from a royalty, copyright, or patent, or the sale of the
fund's rights to a royalty, copyright, or patent, must be credited immediately
to the principal of the fund. Receipts
from Minnesota future resources fund projects must be credited to the trust
fund. Before a project is included
in the budget plan, The commission may vote include in its annual
legislative bill a recommendation to relinquish the ownership or rights to
a royalty, copyright, or patent resulting from a project supported by the fund
to the project's proposer when the amount of the original grant or loan, plus
interest, has been repaid to the fund.
(c) If a project supported
by the fund results in net income from the sale of products or assets developed
or acquired by an appropriation from the fund, the appropriation must be repaid
to the fund in an amount equal to the percentage of the project's total funding
provided by the fund. The commission
may include in its annual legislative bill a recommendation to relinquish the
income if a plan is approved for reinvestment of the income in the project or
when the amount of the original grant or loan, plus interest, has been repaid
to the fund."
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Ellen R. Anderson, Jim Vickerman and Dennis R.
Frederickson.
House Conferees: Jean Wagenius and Kathy Tingelstad.
Wagenius moved that the report of the Conference Committee on
S. F. No. 2492 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
S. F. No. 2492, A bill for an act relating to state government;
appropriating money for environment and natural resources; providing for
repayment of certain appropriations from the environment and natural resources
trust fund; amending Minnesota Statutes 2006, section 116P.10.
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 120 yeas
and 13 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Scalze
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Buesgens
Dean
Drazkowski
Emmer
Erickson
Finstad
Holberg
Juhnke
Olson
Peppin
Rukavina
Seifert
Zellers
The bill was repassed, as amended by Conference, and its title
agreed to.
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 2651.
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.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONFERENCE
COMMITTEE REPORT ON S. F. NO. 2651
A bill for an act relating to natural resources; modifying
provisions for sale of surplus state land; creating a Minnesota forests for the
future program; establishing a revolving account; providing for alternative
recording of state forest roads; providing for certain wetland banking credits;
modifying provisions related to aquatic farms; providing for expedited
exchanges of public land; providing for consultation on certain unallotments;
providing for viral hemorrhagic septicemia and wildlife disease control;
providing for a voluntary walleye stamp; creating the Lessard-Heritage
Enhancement Council; modifying hunting and fishing licensing and taking
provisions; modifying certain fund and account provisions; modifying outdoor
recreation system provisions; adding to and deleting from state parks,
recreation areas, and forests; providing for public and private sales,
conveyances, leases, and exchanges of certain state land; requiring reports and
studies; appropriating money; amending Minnesota Statutes 2006, sections
16B.281, subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 2;
17.4985, subdivisions 2, 3, 5; 17.4986, subdivisions 1, 2, 4; 17.4987; 17.4988,
subdivision 3; 17.4992, subdivision 2; 17.4993; 84.943, subdivision 5; 84D.03,
subdivision 4; 86A.04; 86A.08, subdivision 1; 89.715; 97A.015, subdivisions
32a, 41a, by adding subdivisions; 97A.045, subdivisions 7, 11; 97A.055,
subdivision 4b; 97A.075, subdivisions 4, 5, by adding a subdivision; 97A.311,
subdivision 5; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434,
subdivision 2;
97A.473, subdivision 2;
97A.474, subdivision 2; 97A.475, subdivision 5, by adding a subdivision;
97A.485, subdivision 6; 97A.535, subdivision 1; 97B.015, subdivision 5;
97B.041; 97B.071; 97B.081; 97B.106, subdivision 1; 97B.211, subdivision 1;
97B.301, subdivisions 1, 2, 4, 6; 97B.621, subdivision 3; 97B.721; 97C.203;
97C.205; 97C.341; 97C.355, subdivisions 4, 7a; 97C.401, subdivision 2; 97C.505,
subdivision 1; 97C.515, subdivisions 2, 4, 5; 97C.821; 325D.55, subdivision 1;
Minnesota Statutes 2007 Supplement, sections 17.4984, subdivision 1; 97A.055,
subdivision 4; 97A.405, subdivisions 2, 4; 97A.441, subdivision 7; 97A.451,
subdivision 3; 97A.473, subdivision 5; 97A.475, subdivisions 2, 3; 97B.031,
subdivision 1; 97B.036; 97B.328; 97C.355, subdivision 8; Laws 2005, chapter
161, section 25; Laws 2006, chapter 236, article 1, section 43; proposing
coding for new law in Minnesota Statutes, chapters 84; 94; 97A; 97B; 97C; 103G;
repealing Minnesota Statutes 2006, sections 16B.281, subdivisions 2, 4, 5;
16B.285; 97A.411, subdivision 2; 97C.515, subdivision 3; Minnesota Statutes
2007 Supplement, section 97B.301, subdivision 7; Minnesota Rules, parts
6232.0200, subpart 4; 6232.0300, subpart 4.
May
18, 2008
The Honorable James P.
Metzen
President of the Senate
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
We, the undersigned conferees for S. F. No. 2651 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.
2651 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE
1
STATE
LANDS
Section
1. Minnesota Statutes 2006, section
16B.281, subdivision 3, is amended to read:
Subd.
3. Notice
to agencies; determination of surplus.
On or before October 1 of each year, the commissioner shall review
the certifications of heads of each department or agency provided for in this
section. The commissioner of
administration shall send written notice to all state departments,
agencies, and the University of Minnesota describing any lands or tracts that
may be declared surplus. If a department
or agency or the University of Minnesota desires custody of the lands or
tracts, it shall submit a written request to the commissioner, no later than
four calendar weeks after mailing of the notice, setting forth in detail its
reasons for desiring to acquire and its intended use of the land or tract. The commissioner shall then determine
whether any of the lands described in the certifications of the heads of the
departments or agencies should be declared surplus and offered for sale or
otherwise disposed of by transferring custodial control to other requesting
state departments or agencies or to the Board of Regents of the University of
Minnesota for educational purposes, provided however that transfer to the Board
of Regents shall not be determinative of tax exemption or immunity. If the commissioner determines that any of
the lands are no longer needed for state purposes, the commissioner shall make
findings of fact, describe the lands, declare the lands to be surplus state
land, and state the reasons for the sale or disposition of the lands,
and notify the Executive Council of the determination.
Sec.
2. Minnesota Statutes 2006, section
16B.282, is amended to read:
16B.282 SURVEYS, APPRAISALS, AND SALE.
Subdivision
1. Appraisal;
notice and offer to public bodies.
(a) Before offering any surplus state-owned lands for sale, the
commissioner of administration may survey the lands and, if the value of
the lands is estimated to be $40,000 $50,000 or less, may have
the lands appraised. The commissioner
shall have the lands appraised if the estimated value is in excess of $40,000
$50,000.
(b) The
appraiser shall, before entering upon the duties of the office, take and
subscribe an oath that the appraiser will faithfully and impartially discharge
the duties of appraiser according to the best of the appraiser's ability and
that the appraiser is not interested, directly or indirectly, in any of the
lands to be appraised or the timber or improvements on the lands or in the
purchase of the lands, timber, or improvements and has entered into no
agreement or combination to purchase any of the lands, timber, or
improvements. The oath shall be
attached to the appraisal report. Appraisals must be made by an
appraiser that holds a state appraiser license issued by the Department of
Commerce. The appraisal must be in
conformity with the Uniform Standards of Professional Appraisal Practice of the
Appraisal Foundation.
(c)
Before offering surplus state-owned lands for public sale, the lands shall
first be offered to the city, county, town, school district, or other public
body corporate or politic in which the lands are situated for public purposes
and the lands may be sold for public purposes for not less than the appraised
value of the lands. To determine
whether a public body desires to purchase the surplus land, the commissioner
shall give a written notice to the governing body of each political subdivision
whose jurisdictional boundaries include or are adjacent to the surplus land. If a public body desires to purchase the
surplus land, it shall submit a written offer to the commissioner no later than
two weeks after receipt of notice setting forth in detail its reasons for
desiring to acquire and its intended use of the land. In the event that more than one public body tenders an offer, the
commissioner shall determine which party shall receive the property and shall
submit written findings regarding the decision. If lands are offered for sale for public purposes and if a public
body notifies the commissioner of its desire to acquire the lands, the public
body may have up to two years from the date of the accepted offer to commence
payment for the lands in the manner provided by law.
Subd.
2. Public
sale requirements. (a) Lands
certified as surplus by the head of a department or agency under section
16B.281 shall be offered for public sale by the commissioner as provided in
this subdivision. After complying
with subdivision 1 and, before any public sale of surplus
state-owned land is made, and at least 30 days before the sale, the
commissioner of administration shall publish a notice of the sale at
least once each week for four successive weeks in a legal newspaper and also
in a newspaper of general distribution in the city or county in which the real
property to be sold is situated. The
notice shall specify the time and place at which the sale will commence, a
general description of the lots or tracts to be offered, and a general
statement of the terms of sale. Each
tract or lot shall be sold separately and shall be sold for no less than its
appraised value.
(b)
Surplus state-owned land shall be sold for no less than the estimated or
appraised value. The minimum bid may
include expenses incurred by the commissioner in rendering the property
saleable, including survey, appraisal, legal, advertising, and other expenses.
(c) Parcels remaining unsold
after the offering may be sold to anyone agreeing to pay the appraised
value. The sale shall continue until
all parcels are sold or until the commissioner orders a reappraisal or
withdraws the remaining parcels from sale.
(c)
Except as provided in section 16B.283, the cost of any survey or appraisal as
provided in subdivision 1 shall be added to and made a part of the appraised
value of the lands to be sold, whether to any political subdivision of the
state or to a private purchaser as provided in this subdivision.
Sec.
3. Minnesota Statutes 2006, section
16B.283, is amended to read:
16B.283 TERMS OF PAYMENT.
No
less than ten percent of the purchase price shall be paid at the time of sale
with the balance payable according to this section. If the purchase price of any lot or parcel is $5,000 or less, the
balance shall be paid within 90 days of the date of sale. If the purchase price of any lot or parcel
is in excess of $5,000, the balance shall be paid in equal annual installments
for no more than five years, at the option of the purchaser, with principal and
interest payable annually in advance at a rate equal to the rate in effect at
the time under section 549.09 on the unpaid balance, payable to the state
treasury on or before June 1 each year.
Any installment of principal or interest may be prepaid. The purchaser must pay at
the time of sale ten percent of the total amount bid and the remainder of the
payment is due within 90 days of the sale date. A person who fails to make final payment within 90 days of the
sale date is in default. On default,
all right, title, and interest of the purchaser or heirs, representatives, or
assigns of the purchaser in the premises shall terminate without the state
doing any act or thing. A record of the
default must be made in the state land records of the commissioner.
Sec.
4. Minnesota Statutes 2006, section
16B.284, is amended to read:
16B.284 CONTRACT FOR DEED AND
QUITCLAIM DEED.
In
the event a purchaser elects to purchase surplus real property on an
installment basis, the commissioner shall enter into a contract for deed with
the purchaser, in which shall be set forth the description of the real property
sold and the price of the property, the consideration paid and to be paid for
the property, the rate of interest, and time and terms of payment. The contract for deed shall be made
assignable and shall further set forth that in case of the nonpayment of the annual
principal or interest payment due by the purchaser, or any person claiming
under the purchaser, then the contract for deed, from the time of the failure,
is entirely void and of no effect and the state may be repossessed of the lot
or tract and may resell the lot or tract as provided in sections 16B.281 to
16B.287. In the event the terms and
conditions of a contract for deed are completely fulfilled or if a purchaser
makes a lump-sum payment for the subject property in lieu of entering into a
contract for deed, The commissioner of administration shall sign and cause to be
issued a quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by the attorney
general and shall vest in the purchaser all of the state's interest in the
subject property except as provided in section 16B.285 or 16B.286.
Sec.
5. Minnesota Statutes 2006, section
16B.287, subdivision 2, is amended to read:
Subd.
2. Payment
of expenses. A portion of the
proceeds from the sale equal in amount to the survey, appraisal, legal,
advertising, and other expenses incurred by the commissioner of
administration or other state official in rendering the property salable
shall be remitted to the account from which the expenses were paid and are
appropriated and immediately available for expenditure in the same manner as
other money in the account.
Sec.
6. [84.66]
MINNESOTA FORESTS FOR THE FUTURE PROGRAM.
Subdivision
1. Purpose. The Minnesota forests for the future
program identifies and protects private, working forest lands for their timber,
scenic, recreational, fish and wildlife habitat, threatened and endangered
species, and other cultural and environmental values.
Subd.
2. Definitions. For the purpose of this section, the
following terms have the meanings given:
(1)
"forest land" has the meaning given under section 89.001, subdivision
4;
(2)
"forest resources" has the meaning given under section 89.001,
subdivision 8;
(3)
"guidelines" has the meaning given under section 89A.01, subdivision
8;
(4)
"riparian land" has the meaning given under section 103F.511,
subdivision 8a; and
(5)
"working forest land" means land that provides a broad range of goods
and services, including forest products, recreation, fish and wildlife habitat,
clean air and water, and carbon sequestration.
Subd.
3. Establishment. The commissioner of natural resources
shall establish and administer a Minnesota forests for the future program. Land selected for inclusion in the program
shall be evaluated on the land's potential for:
(1)
producing timber and other forest products;
(2)
maintaining forest landscapes;
(3)
providing public recreation; and
(4)
providing ecological, fish and wildlife habitat, and other cultural and
environmental values and values consistent with working forest lands.
Subd.
4. Land
eligibility. Land may be
placed in the Minnesota forests for the future program if it:
(1)
is:
(i)
forest land;
(ii)
desirable land adjacent to forest land, as determined by the commissioner; or
(iii)
beneficial to forest resource protection;
(2)
is at least five acres in size, except for a riparian area or an area providing
access to state forest land; and
(3)
is not set aside, enrolled, or diverted under another federal or state program,
unless enrollment in the Minnesota forests for the future program would provide
additional conservation benefits or a longer enrollment term than under the
current federal or state program.
Subd.
5. Land
interests. The commissioner
may acquire permanent interests in lands by fee title, easement acquisition,
gift, or donation. An acquired easement
shall require a forestry management plan unless the requirement is waived or
modified by the commissioner. The plan
will guide forest management activities consistent with the purposes and terms
of the easement and shall incorporate guidelines and other forest management
practices as determined by the commissioner to provide perpetuation of the
forest. The plan shall be developed in
accordance with the guidelines.
Subd.
6. Application. The commissioner shall accept
applications from owners of eligible lands at the time, in the form, and
containing the information as the commissioner may prescribe. If the number of applications exceeds the
ability to fund them all, priority shall be given to those applications
covering lands providing the greatest public benefits for timber productivity,
public access, and ecological and wildlife values.
Subd.
7. Landowner
responsibilities. The
commissioner may enroll eligible land in the program by signing an easement in
recordable form with a landowner in which the landowner agrees to:
(1)
convey to the state a permanent easement that is not subject to any prior
title, lien, or encumbrance; and
(2)
manage the land in a manner consistent with the purposes for which the land was
selected for the program and not convert the land to other uses.
Subd.
8. Correction
of easement boundary lines. To
correct errors in legal descriptions for easements that affect the ownership
interests in the state and adjacent landowners, the commissioner may, in the
name of the state, convey without consideration, interests of the state
necessary to correct legal descriptions of boundaries. The conveyance must be by quitclaim deed or
release in a form approved by the attorney general.
Subd.
9. Terminating
or changing an easement. The
commissioner may terminate an easement, with the consent of the property owner,
if the commissioner determines termination to be in the public interest. The commissioner may modify the terms of an
easement if the commissioner determines that modification will help implement
the Minnesota forests for the future program or facilitate the program's
administration.
Subd.
10. Payments. Payments to landowners under the
Minnesota forests for the future program shall be made in accordance with law
and Department of Natural Resources acquisition policies, procedures, and other
funding requirements.
Subd.
11. Monitoring,
enforcement, and damages. (a)
The commissioner shall establish a long-term program for monitoring and
enforcing Minnesota forests for the future easements. The program must require that a financial contribution be made
for each easement to cover the costs of managing, monitoring, and enforcing the
easement.
(b)
A landowner who violates the terms of an easement under this section or
induces, assists, or allows another to do so is liable to the state for damages
due to the loss of timber, scenic, recreational, fish and wildlife habitat,
threatened and endangered species, and other cultural and environmental values.
(c)
Upon request of the commissioner, the attorney general may commence an action
for specific performance, injunctive relief, damages, including attorney's
fees, and any other appropriate relief to enforce this section in district
court in the county where all or part of the violation is alleged to have been
committed or where the landowner resides or has a principal place of business.
Subd.
12. Rulemaking
exemption. Easements agreed
to under this section are not subject to the rulemaking provisions of chapter
14 and section 14.386 does not apply.
Sec.
7. [84.67]
FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
A
forests for the future revolving account is created in the natural resources
fund. Money in the account is
appropriated to the commissioner of natural resources for the acquisition of
forest lands that meet the eligibility criteria in section 84.66, subdivision
4. The commissioner shall sell the
lands acquired under this section, subject to an easement as provided in
section 84.66. Money received from the
sale of forest lands acquired under this section and interest earned on the
account shall be deposited into the account.
The commissioner must file a report to the house Ways and Means and the
senate Finance Committees and the environment and natural resources finance
committees or divisions of the senate and house of representatives by October 1
of each year indicating all purchases of forest land using money from this
account and sales of forest land for which revenue is deposited into this
account.
Sec.
8. Minnesota Statutes 2006, section
84.943, subdivision 5, is amended to read:
Subd.
5. Pledges
and contributions. The commissioner
of natural resources may accept contributions and pledges to the critical
habitat private sector matching account.
A pledge that is made contingent on an appropriation is acceptable and
shall be reported with other pledges as required in this section. The commissioner may agree to
match
a contribution contingent on a future appropriation. In
the budget request for each biennium, the commissioner shall report the balance
of contributions in the account and the amount that has been pledged for
payment in the succeeding two calendar years.
Money
in the account is appropriated to the commissioner of natural resources only
for the direct acquisition or improvement of land or interests in land as
provided in section 84.944. To the
extent of available appropriations other than bond proceeds, the money matched
to the nongame wildlife management account may be used for the management of
nongame wildlife projects as specified in section 290.431. Acquisition includes: (1) purchase of land
or an interest in land by the commissioner; or (2) acceptance by the
commissioner of gifts of land or interests in land as program projects.
Sec.
9. Minnesota Statutes 2006, section
86A.04, is amended to read:
86A.04 COMPOSITION OF SYSTEM.
The
outdoor recreation system shall consist of all state parks; state recreation
areas; state trails established pursuant to sections 84.029, subdivision 2,
85.015, 85.0155, and 85.0156; state scientific and natural areas; state
wilderness areas; state forests; state wildlife management areas; state
aquatic management areas; state water access sites, which include all lands
and facilities established by the commissioner of natural resources or the
commissioner of transportation to provide public access to water; state wild,
scenic, and recreational rivers; state historic sites; state rest areas, which
include all facilities established by the commissioner of transportation for
the safety, rest, comfort and use of the highway traveler, and shall include
all existing facilities designated as rest areas and waysides by the
commissioner of transportation; and any other units not listed in this section
that are classified under section 86A.05.
Each individual state park, state recreation area, and so forth is
called a "unit."
Sec.
10. Minnesota Statutes 2006, section
86A.08, subdivision 1, is amended to read:
Subdivision
1. Secondary
authorization; when permitted. A
unit of the outdoor recreation system may be authorized wholly or partially
within the boundaries of another unit only when the authorization is consistent
with the purposes and objectives of the respective units and only in the
instances permitted below:
(a)
The following units may be authorized wholly or partially within a state park:
historic site, scientific and natural area, wilderness area, wild, scenic, and
recreational river, trail, rest area, aquatic management area, and water
access site.
(b)
The following units may be authorized wholly or partially within a state
recreation area: historic site, scientific and natural area, wild, scenic, and
recreational river, trail, rest area, aquatic management area, wildlife
management area, and water access site.
(c)
The following units may be authorized wholly or partially within a state
forest: state park, state recreation area, historic site, wildlife management
area, scientific and natural area, wilderness area, wild, scenic, and
recreational river, trail, rest area, aquatic management area, and water
access site.
(d)
The following units may be authorized wholly or partially within a state
historic site: wild, scenic, and recreational river, trail, rest area, aquatic
management area, and water access site.
(e)
The following units may be authorized wholly or partially within a state
wildlife management area: state water access site and aquatic management
area.
(f)
The following units may be authorized wholly or partially within a state wild,
scenic, or recreational river: state park, historic site, scientific and
natural area, wilderness area, trail, rest area, aquatic management area, and
water access site.
(g)
The following units may be authorized wholly or partially within a state rest
area: historic site, trail, wild, scenic, and recreational river, aquatic
management area, and water access site.
(h)
The following units may be authorized wholly or partially within an aquatic
management area: historic site, scientific and natural area, wild, scenic, and
recreational river, and water access site.
Sec.
11. Minnesota Statutes 2006, section
89.715, is amended to read:
89.715 ALTERNATIVE RECORDING FOR STATE FOREST
ROAD.
Subdivision
1. Authorization. The commissioner may adopt a recorded
state forest road map under this section to record the department's state
forest road prescriptive easements. For
purposes of this section, "recorded state forest road map"
means the official map of state forest roads adopted by the commissioner.
Subd.
2. Map
requirements. The recorded
state forest road map must:
(1)
show state forest roads at the time the map is adopted;
(2) be
prepared at a scale of at least four inches equals one mile compliant
with standards of the county recorder where the state forest roads are located;
(3)
include section numbers;
(4)
include a north point arrow;
(5)
include the name of the county and state;
(6)
include a blank and a description under the blank for the date of public
hearing and date of adoption;
(7)
include blanks for signatures and dates of signatures for the commissioner; and
(8)
include a list of legal descriptions of all parcels crossed by state forest
road prescriptive easements.
Subd.
3. Procedure
to adopt map. (a) The commissioner
must prepare an official map for each county or smaller geographic area as
determined by the commissioner as provided in subdivision 2, and set a time,
place, and date for a public hearing on adopting a recorded state forest
road map to record roads.
(b)
The hearing notice must state that the roads to be recorded will be to the
width of the actual use including ditches, backslopes, fills, and maintained
rights-of-way, unless otherwise specified in a prior easement of record. The hearing notice must be published once a
week for two successive weeks in a qualified newspaper of general circulation
that serves the county or smaller geographic areas as determined by the
commissioner, the last publication to be made at least ten days before the date
of the public hearing. At least 30 days
before the hearing, the hearing notice must be sent by certified mail to the
property owners directly affected in the county or smaller geographic areas as
determined by the commissioner at the addresses listed on the tax assessment
notices at least seven days before appearing in the qualified newspaper. The hearing notice may be sent with the tax
assessment, but all additional costs incurred shall be billed to the
department.
(c)
After the public hearing is held, the commissioner may amend and adopt the recorded
state forest road map. The recorded
state forest road map must be dated and signed by the commissioner and must be recorded
filed for recording with the county recorder within 90 days after the
map is adopted. The map is effective
when filed with the county recorder.
(d)
The recorded state forest road map that is recorded with the county
recorder must comply with the standards of the county recorder where the state
forest roads are located.
(e) A recorded
state forest road map that was prepared by using aerial photographs to
establish road centerlines and that has been duly recorded with the county
recorder is an adequate description for purposes of recording road easements
and the map is the legally constituted description and prevails when a deed for
a parcel abutting a road contains no reference to a road easement. Nothing prevents the commissioner from
accepting a more definitive metes and bounds or survey description of a road easement
for a road of record if the description of the easement is referenced to equal
distance on both sides of the existing road centerline.
(f)
The commissioner shall consult with representatives of county land
commissioners, county auditors, county recorders, and Torrens examiners in
implementing this subdivision.
Subd.
4. Appeal. (a) Before filing an appeal under
paragraph (b), a person may seek resolution of concerns regarding a decision to
record a road under this section by contacting the commissioner in writing.
(b)
A person may appeal a decision to record or exclude recording a road under this
section to the district court within 120 days after the date the commissioner
adopts the state forest road map. Appeals may be filed only by property owners who
are directly affected by a proposed map designation and only for those portions
of the map designation that directly affect them.
(b)
A property owner may appeal the map designation to the commissioner within 60
days of the map being recorded by filing a written request for review. The commissioner shall review the request
and any supporting evidence and render a decision within 45 days of receipt of
the request for review.
(c)
If a property owner wishes to appeal a decision of the commissioner after
review under paragraph (b), the property owner must file an appeal with the
district court within 60 days of the commissioner's decision.
(d)
If any portion of a map appealed under paragraph (b) is modified or found to be
invalid by a court of competent jurisdiction under paragraph (c), the remainder
of the map shall not be affected and its recording with the county recorder
shall stand.
Subd.
5. Unrecorded
road or trail not affected. This
section does not affect or diminish the legal status or state obligations of
roads and trails not shown on the recorded state forest road map.
Subd.
6. Exemption. Adoption of a recorded state forest
road map under this section is exempt from the rulemaking requirements of
chapter 14 and section 14.386 does not apply.
Sec.
12. Minnesota Statutes 2006, section
90.151, subdivision 1, is amended to read:
Subdivision
1. Issuance;
expiration. (a) Following receipt
of the down payment for state timber required under section 90.14 or 90.191,
the commissioner shall issue a numbered permit to the purchaser, in a form
approved by the attorney general, by the terms of which the purchaser shall be
authorized to enter upon the land, and to cut and remove the timber therein
described as designated for cutting in the report of the state appraiser,
according to the provisions of this chapter.
The permit shall be correctly dated and executed by the commissioner and
signed by the purchaser. If a permit is
not signed by the purchaser within 60 days from the date of purchase, the
permit cancels
and
the down payment for timber required under section 90.14 forfeits to the
state. The commissioner may grant an
additional period for the purchaser to sign the permit, not to exceed five
business days, provided the purchaser pays a $125 penalty fee.
(b)
The permit shall expire no later than five years after the date of sale as the
commissioner shall specify or as specified under section 90.191, and the timber
shall be cut within the time specified therein. All cut timber, equipment, and buildings not removed from the
land within 90 days after expiration of the permit shall become the property of
the state.
(c)
The commissioner may grant an additional period of time not to exceed 120 days
for the removal of cut timber, equipment, and buildings upon receipt of such
request by the permit holder for good and sufficient reasons. The commissioner may grant a second period
of time not to exceed 120 days for the removal of cut timber, equipment, and buildings
upon receipt of a request by the permit holder for hardship reasons only.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies retroactively to permits dated January 1, 2008, and thereafter.
Sec.
13. [94.3495] EXPEDITED EXCHANGES OF LAND INVOLVING THE STATE AND
GOVERNMENTAL SUBDIVISIONS OF THE STATE.
Subdivision
1. Purpose
and scope. (a) The purpose
of this section is to expedite the exchange of public land ownership. Consolidation of public land reduces
management costs and aids in the reduction of forest fragmentation.
(b)
This section applies to exchanges of land between the state and a governmental
subdivision of the state. For land
exchanges under this section, sections 94.342 to 94.347 apply only to the
extent specified in this section.
Subd.
2. Classes
of land; definitions. The
classes of public land that may be involved in an expedited exchange under this
section are:
(1)
Class 1 land, which for the purpose of this section is Class A land as defined
in section 94.342, subdivision 1, except for:
(i)
school trust land as defined in section 92.025; and
(ii)
university land granted to the state by acts of Congress;
(2)
Class 2 land, which for the purpose of this section is Class B land as defined
in section 94.342, subdivision 2; and
(3)
Class 3 land, which for the purpose of this section is all land owned in fee by
a governmental subdivision of the state.
Subd.
3. Valuation
of land. (a) In an exchange
of Class 1 land for Class 2 or 3 land, the value of all the land shall be
determined by the commissioner of natural resources. In an exchange of Class 2 land for Class 3 land, the value of all
the land shall be determined by the county board of the county in which the
land lies. To determine the value of
the land, the parties to the exchange may cause the land to be appraised,
utilize the valuation process provided under section 84.0272, subdivision 3, or
obtain a market analysis from a qualified real estate broker. Merchantable timber value must be determined
and considered in finalizing valuation of the lands.
(b)
All lands exchanged under this section shall be exchanged only for lands of at
least substantially equal value. For
the purposes of this subdivision, "substantially equal value" has the
meaning given under section 94.343, subdivision 3, paragraph (b). No payment is due either party if the lands
are of substantially equal value but are not of the same value.
Subd.
4. Title. Title to the land must be examined to the
extent necessary for the parties to determine that the title is good, with any
encumbrances identified. The parties to
the exchange may utilize title insurance to aid in the determination.
Subd.
5. Approval
by Land Exchange Board. All
expedited land exchanges under this section, and the terms and conditions of
the exchanges, require the unanimous approval of the Land Exchange Board.
Subd.
6. Conveyance. (a) Conveyance of Class 1 land given in
exchange shall be made by deed executed by the commissioner of natural
resources in the name of the state.
Conveyance of Class 2 land given in exchange shall be by a deed executed
by the commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by a
deed executed by the governing body in the name of the governing authority.
(b)
If Class 1 land is given in exchange for Class 2 or 3 land, the deed to the
Class 2 or 3 land shall first be delivered to the commissioner of natural
resources. Following the recording of
the deed, the commissioner of natural resources shall deliver the deed conveying
the Class 1 land.
(c)
If Class 2 land is given in exchange for Class 3 land, the deed to the Class 3
land shall first be delivered to the county auditor. Following the recording of the deed, the commissioner of revenue
shall deliver the deed conveying the Class 2 land.
(d)
All deeds shall be recorded or registered in the county in which the lands lie.
Subd.
7. Reversionary
interest; mineral and water power rights and other reservations. (a) All deeds conveying land given in an
expedited land exchange under this section shall include a reverter that
provides that title to the land automatically reverts to the conveying
governmental unit if:
(1)
the receiving governmental unit sells, exchanges, or otherwise transfers title
of the land within 40 years of the date of the deed conveying ownership; and
(2)
there is no prior written approval for the transfer from the conveying
governmental unit. The authority for
granting approval is the commissioner of natural resources for former Class 1
land, the county board for former Class 2 land, and the governing body for
former Class 3 land.
(b)
Class 1 land given in exchange is subject to the reservation provisions of
section 94.343, subdivision 4. Class 2
land given in exchange is subject to the reservation provisions of section
94.344, subdivision 4. County fee land
given in exchange is subject to the reservation provisions of section 373.01,
subdivision 1, paragraph (g).
Subd.
8. Land
status. Land received in
exchange for Class 1 land is subject to the same trust, if any, and otherwise
has the same status as the land given in exchange. Land received in exchange for Class 2 land is subject to a trust
in favor of the governmental subdivision wherein it lies and all laws relating
to tax-forfeited land. Land received in
exchange for Class 3 land has the same status as the land given in exchange.
Sec.
14. [103G.2251] STATE CONSERVATION EASEMENTS; WETLAND BANK CREDIT.
In
greater than 80 percent areas, preservation of wetlands owned by the state or a
local unit of government, protected by a permanent conservation easement as
defined under section 84C.01 and held by the board, may be eligible for wetland
replacement or mitigation credits, according to rules adopted by the board. To be eligible for credit under this
section, a conservation easement must be established after enactment of this
section and approved by the board.
Sec.
15. Minnesota Statutes 2006, section
282.04, subdivision 4a, is amended to read:
Subd.
4a. Private easements. (a) A
county board may convey a road easement across unsold tax-forfeited land to an
individual or a private entity requesting an easement for access to
private property owned by the individual or private entity if:
(1)
there are no reasonable alternatives to obtain access to the individual's or
private entity's property; and
(2)
exercising the easement will not cause significant adverse environmental or
natural resource management impacts.
(b)
The county auditor shall require an individual or a private entity
applying for an easement under paragraph (a) to pay the appraised value of the
easement. The conveyance must provide
that the easement reverts to the state in trust for the taxing district in the
event of nonuse.
Sec.
16. Minnesota Statutes 2006, section
325D.55, subdivision 1, is amended to read:
Subdivision
1. Labor,
electrical, agricultural, or horticultural organizations. Nothing contained in sections 325D.49 to
325D.66, shall be construed to forbid the existence or operation of labor,
electrical, agricultural, or horticultural organizations, including
organizations that operate aquatic farms, as defined in section 17.47,
subdivision 3, that are instituted for the purpose of mutual help, and not
conducted for profit, or to forbid or restrain individual members of such
organizations from lawfully carrying out the legitimate objects thereof; nor
shall such organizations, or the members thereof, be held or construed to be
illegal combinations or conspiracies in restraint of trade under the provisions
of sections 325D.49 to 325D.66, when lawfully carrying out the legitimate
objects hereof.
Sec.
17. Laws 2005, chapter 161, section 25,
is amended to read:
Sec.
25. EASEMENT ON STATE LAND BORDERING PUBLIC WATER; WASHINGTON COUNTY.
(a)
The commissioner of natural resources shall issue an easement on land bordering
public water that is described in paragraph (c). The easement shall be issued to the current owners of Lots
7 and 8, Block 2 of Demontreville Highlands and Lots 2, 3, 4, and 5, Block 1,
Demontreville Highlands 5th Addition.
The easement is for the purpose of the easement holders jointly erecting
and maintaining one dock from the property described in paragraph (c). The dock may not exceed 30 feet in length
and six feet in width and overnight mooring of watercraft is prohibited.
(b)
The easement must be in a form approved by the attorney general for
consideration of the easement preparation and recording costs. The attorney general may make necessary
changes in the legal description to correct errors and ensure accuracy. The easement will expire as to each owner
when they convey their ownership interest in the property described in
paragraph (a).
(c)
The land upon which an easement is to be issued is located in Washington County
and is described as: Part of Government Lot 6, Section 5, Township 29 North,
Range 21 West, being the South 45 feet lying East of the existing centerline of
Demontreville Trail North subject to easements of record.
Sec.
18. Laws 2006, chapter 236, article 1,
section 43, is amended to read:
Sec.
43. LAND REPLACEMENT TRUST FUND; ITASCA COUNTY.
Notwithstanding
the provisions of Minnesota Statutes, chapter 282, and any other law relating
to the apportionment of proceeds from the sale or lease of tax-forfeited
land, Itasca County must apportion the first $1,000,000 received from the sale or
lease of tax-forfeited lands within Minnesota Steel Industries permit to
mine area near Nashwauk, Minnesota, as provided in Laws 1965, chapter 326,
section 1, as amended. Any remaining
proceeds
received from the sale or lease must be deposited into a tax-forfeited
land replacement trust fund established by Itasca County under this
section. The principal and interest
from this fund may be spent only on the purchase of lands to replace the
tax-forfeited lands sold to Minnesota Steel Industries. Lands purchased with the land replacement
fund must:
(1)
become subject to trust in favor of the governmental subdivision wherein they
lie and all laws related to tax-forfeited lands; and
(2) be
for forest management purposes and dedicated as memorial forest under Minnesota
Statutes, section 459.06, subdivision 2.
EFFECTIVE DATE. This section is effective the day after compliance with
Minnesota Statutes, section 645.021, subdivision 3, by the governing body of
Itasca County.
Sec.
19. FOREST MANAGEMENT INVESTMENT ACCOUNT UNALLOTMENTS; FISCAL YEARS 2008
AND 2009.
In
addition to the requirements under Minnesota Statutes, section 16A.152, for
fiscal years 2008 and 2009, the commissioner of natural resources shall consult
with the chairs and ranking minority members of the house and senate
environment and natural resources finance divisions on proposed allotment
reductions from appropriations from the forest management investment account. The commissioner shall notify the chairs and
ranking minority members of the divisions of the proposed allotment reductions
at least 30 days prior to taking action on the reductions. The commissioner must also provide quarterly
forest management investment account fund statements, including a report on the
methodology used in calculating the revenue forecasts.
Sec.
20. ADDITIONS TO STATE PARKS.
Subdivision
1. [85.012]
[Subd. 9.] Buffalo River State Park, Clay County. The following area is added to Buffalo
River State Park, all in Section 11, Township 139 North, Range 46, Clay County:
That part of the Southeast Quarter of Section 11, described as follows:
Beginning at the southwest corner of the Southeast Quarter of said Section 11;
thence North 00 degrees 13 minutes 06 seconds East (assumed bearing), along the
westerly line of the Southeast Quarter of said Section 11, for a distance of
503.33 feet; thence South 89 degrees 25 minutes 32 seconds East for a distance
of 200.00 feet; thence North 00 degrees 13 minutes 06 seconds East, parallel to
the westerly line of the Southeast Quarter of said Section 11, for a distance
of 457.87 feet; thence South 89 degrees 44 minutes 18 seconds East for a
distance of 323.00 feet; thence South 48 degrees 16 minutes 47 seconds East for
a distance of 89.46 feet; thence South 29 degrees 17 minutes 10 seconds East
for a distance of 1,035.56 feet to a point of intersection with the southerly
line of the Southeast Quarter of said Section 11; thence North 89 degrees 44
minutes 18 seconds West, along the southerly line of the Southeast Quarter of
said Section 11, for a distance of 1,100.00 feet to the point of
beginning. Said tract of land contains
16.133 acres, more or less, and is subject to the following described
ingress-egress easement: A 30.00-foot strip of land for purposes of ingress and
egress centered along the following described line: Commencing at the southwest
corner of the Southeast Quarter of Section 11, Township 139 North, Range 46
West, Fifth Principal Meridian, Clay County, Minnesota; thence North 00 degrees
13 minutes 06 seconds East (assumed bearing), along the westerly line of the
Southeast Quarter of said Section 11, for a distance of 15.00 feet to the true
point of beginning; thence South 89 degrees 44 minutes 18 seconds East,
parallel to and 15.00 feet northerly of the southerly line of the Southeast
Quarter of said Section 11, for a distance of 797.03 feet; thence North 22
degrees 07 minutes 20 seconds East for a distance of 327.76 feet and there
terminating.
Subd.
2. [85.012]
[Subd. 21.] Frontenac State Park, Goodhue County. The following areas are added to
Frontenac State Park, Goodhue County:
(1)
all that part of Government Lot 4, and all that part of the Southwest Quarter
of the Southeast Quarter and of the Southeast Quarter of the Southwest Quarter,
all in Section 2, Township 112 North, Range 13 West, described as follows,
to-wit: Beginning at the point of intersection of the east and west center line
of said Section 2 with the line of the west shore of Lake Pepin, running thence
West 6 chains; thence South 33 degrees 15 minutes West 9.60 chains; thence
South 41 degrees West 5.54 chains; thence South 51 degrees 15 minutes West 4.32
chains; thence South 65 degrees 15 minutes West 4 chains; thence South 70
degrees 45 minutes West 11.27 chains to a rock in Glenway Street in the village
of Frontenac; thence South 48 degrees 30 minutes East 4.72 chains to the north
and south center line of said section; thence South 39 degrees 10 minutes East
11.14 chains; thence South 32 degrees 30 minutes East 8.15 chains to the north
line of Waconia Avenue in said Frontenac; thence North 42 degrees 50 minutes
East 5.15 chains; thence North 23 degrees 50 minutes East 2.75 chains; thence
North 9 degrees 20 minutes East 7.90 chains; thence North 20 degrees 20 minutes
East 4.64 chains; thence North 52 degrees West 3.80 chains; thence North 20
degrees 20 minutes East 18.40 chains to the east line of said Mill Street in
said Frontenac; thence South along the east line of said Mill Street 3.76
chains to the north line of Lot 8 in Block 13 in said Frontenac; thence along
said north line to the shore of Lake Pepin; thence along the shore of said lake
1.50 chains to the point of beginning, containing in all 35.67 acres of land,
more or less. Excepting therefrom all
that part of Government Lot 4, Section 2, Township 112 North, Range 13 West,
described, as follows: Beginning on the shore of Lake Pepin at the northeast
corner of Lot 8 in Block 13 of the town of Frontenac, running thence westerly
along the north line of said lot to the northwest corner thereof; thence
northerly along the easterly line of Mill Street in said town of Frontenac 215
feet, more or less, to its intersection with the north line of said Government
Lot 4; thence East along the north line of said Government Lot 4 to low water
mark on shore of Lake Pepin; thence southerly along the low water mark of Lake
Pepin to the place of beginning. Also
excepting that part of Government Lot 4, Section 2, Township 112 North, Range
12 West, which lies West of Undercliff Street in said village, North of the
southerly line of said Lot 1, Block 14, prolonged westerly, and East of a line
beginning 6 chains West of the intersection of the east and west center line of
said Section 2 with the west shore of Lake Pepin, being the point of
intersection of the west line of said Undercliff Street and said east and west
center line; thence South 33 degrees 15 minutes West 9.60 chains, being a
triangular piece of land; all of Block 14, except Lot 1 of said Block 14; Lots
11, 12, 13, 14, 15, 16, 17, 18, and 19 of Block 15, except so much of Lot 11 in
said Block 15 (in a triangular form) as lies between the west end of Lots 2 and
3 of said Block 15 and the east line of Bluff Street, all in the town of
Frontenac according to the accepted and recorded map of said town of Frontenac
now on file and of record in the Office of the Register of Deeds in and for
said County of Goodhue;
(2)
that part of the West Half of the Northeast Quarter of Section 6, Township 112
North, Range 13 West, Goodhue County, Minnesota, described as follows:
Commencing at the northeast corner of the West Half of the Northeast Quarter of
said Section 6; thence South 01 degree 11 minutes 39 seconds East, assumed
bearing, along the east line of said West Half of the Northeast Quarter of
Section 6, a distance of 1,100.00 feet to the point of beginning of the land to
be described; thence North 01 degree 11 minutes 39 seconds West, along said
east line, a distance of 400.00 feet; thence South 89 degrees 01 minute 10
seconds West, a distance of 442.03 feet; thence southwesterly, a distance of
534.99 feet along a nontangential curve concave to the northwest having a
radius of 954.93 feet, a central angle of 33 degrees 53 minutes 57 seconds, and
a chord that bears South 42 degrees 45 minutes 42 seconds West; thence South 59
degrees 42 minutes 41 seconds West, tangent to said curve, a distance of 380.00
feet to the centerline of State Highway 61, as now located and established;
thence southeasterly, along said centerline of State Highway 61, a distance of
160 feet, more or less, to the intersection with a line bearing South 73
degrees 00 minutes 00 seconds West from the point of beginning; thence North 73
degrees 00 minutes 00 seconds East, to the point of beginning. Together with a 50.00-foot wide driveway and
utility easement, which lies northwesterly and adjoins the northwesterly line
of the above described property; and
(3)
that part of the West Half of the Northeast Quarter of Section 6, Township 112
North, Range 13 West, Goodhue County, described as follows: Commencing at the
northeast corner of the West Half of the Northeast Quarter of said Section 6;
thence South 01 degree 11 minutes 39 seconds East, assumed bearing, along the
east line of said West Half of the Northeast Quarter of Section 6, a distance
of 1,100.00 feet to the point of beginning of the land to be described; thence
South 73 degrees 00 minutes 00 seconds West, to the centerline of State Highway
61, as
now
located and established; thence southeasterly, along said centerline of State
Highway 61, to the south line of said West Half of the Northeast Quarter of
Section 6; thence North 88 degrees 34 minutes 56 seconds East, along said south
line, to the southeast corner of said West Half of the Northeast Quarter of
Section 6; thence North 01 degree 11 minutes 39 seconds West, a distance of
1,902.46 feet to the point of beginning.
Subd.
3. [85.012]
[Subd. 44.] Monson Lake State Park, Swift County. The following area is added to Monson
Lake State Park, Swift County: the Northeast Quarter of Section 1, Township 121
North, Range 37 West.
Subd.
4. [85.012]
[Subd. 51.] Savanna Portage State Park,
Aitkin and St. Louis Counties. The
following areas are added to Savanna Portage State Park: the Southwest Quarter
of the Northeast Quarter, the Southeast Quarter of the Northwest Quarter,
Government Lot 2, and Government Lot 3, all in Section 13, Township 50 North,
Range 23 West, Aitkin County.
Subd.
5. [85.012]
[Subd. 52.] Scenic State Park, Itasca County. The following areas are added to Scenic State Park: Government
Lot 3, Government Lot 4, the Northeast Quarter of the Northwest Quarter, and
the Southeast Quarter of the Northwest Quarter, all in Section 7, Township 60
North, Range 25 West, Itasca County.
Subd.
6. [85.012]
[Subd. 53a.] Soudan Underground Mine
State Park, St. Louis County. The
following area is added to Soudan Underground Mine State Park: the Northeast
Quarter of the Northeast Quarter, Section 29, Township 62 North, Range 15 West,
St. Louis County.
Subd.
7. [85.012]
[Subd. 60.] William O'Brien State Park, Washington County. The following areas are added to William
O'Brien State Park, Washington County:
(1)
Lot 1, Block 1, and Outlots A and B, Spring View Acres according to the plat on
file and of record in the Office of the Recorder for Washington County;
(2)
the South 200.00 feet of the North 1,326.20 feet of the West One-Half of the
Southeast Quarter, Section 36, Township 32 North, Range 20 West; and
(3)
that part of the Northeast Quarter of the Southwest Quarter lying west of
Highway 95 (St. Croix Trail North) in Section 31, Township 32 North, Range 19
West.
Sec.
21. DELETIONS FROM STATE PARKS.
Subdivision
1. [85.012]
[Subd. 21.] Frontenac State Park, Goodhue County. The following areas are deleted from
Frontenac State Park, all in Township 112 North, Range 13 West, Goodhue County:
(1)
that part of the East Half, Section 11, and that part of the Southwest Quarter,
Section 12, being described as BLOCK's O, F, H, G, and L, GARRARD'S SOUTH
EXTENSION TO FRONTENAC according to the plat on file and of record in the
Office of the Recorder for Goodhue County, Minnesota. Including all of those parts of vacated Birch Way and Birch Way
South situated in GARRARD'S SOUTH EXTENSION TO FRONTENAC lying southerly of
vacated Ludlow Avenue and northerly of Winona Avenue;
(2)
that part of the Northeast Quarter, Section 11, being described as BLOCK 70,
WESTERVELT (also known as the town of Frontenac) according to the plat on file
and of record in the Office of the Recorder for Goodhue County, Minnesota;
(3)
that part of the Northeast Quarter, Section 11, being described as Lots 1, 2,
3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16, BLOCK 69, WESTERVELT (aka
town of Frontenac) according to the plat on file and of record in the Office of
the Recorder for Goodhue County, Minnesota;
(4)
that part of the Northeast Quarter, Section 11, being described as BLOCK 67,
WESTERVELT (aka town of Frontenac) according to the plat on file and of record
in the Office of the Recorder for Goodhue County, Minnesota. Including the South 30 feet of Graham Street
lying adjacent to and northerly of Lots 1 and 16, BLOCK 67 of said plat of
WESTERVELT;
(5)
that part of the Northeast Quarter, Section 11, being described as BLOCK 66,
WESTERVELT (aka town of Frontenac) according to the plat on file and of record
in the Office of the Recorder for Goodhue County, Minnesota; and
(6)
that part of the Northeast Quarter, Section 11, being described as those parts
of Lots 1 and 9 in BLOCK 65 of the town of Frontenac lying adjacent to and
northerly of the southerly 50 feet of said Lots 1 and 9 according to the plat
on file and of record in the Office of the Recorder for Goodhue County,
Minnesota.
Subd.
2. [85.012] [Subd.
30.] Jay Cooke State Park, Carlton County. Effective upon the commissioner of natural resources entering
into an agreement with the commissioner of veterans affairs to transfer the
property for use as a veterans cemetery, the following areas are deleted from
Jay Cooke State Park:
(a)
the Northeast Quarter of the Southeast Quarter lying southerly of the railroad
right-of-way, Section 21, Township 48 North, Range 16 West;
(b)
the Northwest Quarter of the Southwest Quarter lying southerly of the railroad
right-of-way, Section 22, Township 48 North, Range 16 West; and
(c)
the East 2 rods of the Southwest Quarter of the Southwest Quarter, Section 22,
Township 48 North, Range 16 West.
Subd.
3. [85.012]
[Subd. 35.] Lake Carlos State Park, Douglas County. The following area is deleted from Lake
Carlos State Park: that part of Government Lot 2, being described as EHLERT'S
ADDITION according to the plat on file and of record in the Office of the
Recorder for Douglas County, Minnesota, Section 10, Township 129 North, Range
37 West, Douglas County.
Subd.
4. [85.012]
[Subd. 38.] Lake Shetek State Park,
Murray County. The following
areas are deleted from Lake Shetek State Park:
(1)
Blocks 3 and 4 of Forman Acres according to the plat on file and of record in
the Office of the Recorder for Murray County;
(2)
the Hudson Acres subdivision according to the plat on file and of record in the
Office of the Recorder for Murray County; and
(3)
that part of Government Lot 6 and that part of Government Lot 7 of Section 6,
Township 107 North, Range 40 West, and that part of Government Lot 1 and that
part of Government Lot 2 of Section 7, Township 107 North, Range 40 West,
Murray County, Minnesota, described as follows:
Commencing
at the East Quarter Corner of said Section 6; thence on a bearing based on the
1983 Murray County Coordinate System (1996 Adjustment), of South 00 degrees 22
minutes 05 seconds East 1405.16 feet along the east line of said Section 6;
thence North 89 degrees 07 minutes 01 second West 1942.39 feet; thence South 03
degrees 33 minutes 00 seconds West 94.92 feet to the northeast corner of Block
5 of FORMAN ACRES, according to the recorded plat thereof on file and of record
in the Murray County Recorder's Office; thence South 14 degrees 34 minutes 00
seconds West 525.30 feet along the easterly line of said Block 5 and along the
easterly line of the Private Roadway of FORMAN ACRES to the southeasterly
corner of said Private Roadway and the POINT OF
BEGINNING;
thence North 82 degrees 15 minutes 00 seconds West 796.30 feet along the
southerly line of said Private Roadway to an angle point on said line and an
existing 1/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds
West 100.06 feet along the southerly line of said Private Roadway to an angle
point on said line and an existing 1/2 inch diameter rebar; thence South 33
degrees 01 minute 32 seconds West 279.60 feet along the southerly line of said
Private Roadway to an angle point on said line; thence South 76 degrees 04
minutes 52 seconds West 766.53 feet along the southerly line of said Private
Roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN DNR LS
17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West
470.40 feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West
262.69 feet to a DNR MON; thence South 08 degrees 07 minutes 09 seconds West
332.26 feet to a DNR MON; thence North 51 degrees 40 minutes 02 seconds West
341.79 feet to the east line of Lot A of Lot 1 of LOT A OF GOV. LOT 8, OF SEC. 6 AND LOT A OF GOV. LOT 1, OF SEC 7 TP. 107 RANGE 40, according
to the recorded plat thereof on file and of record in the Murray County
Recorder's Office and a DNR MON; thence South 14 degrees 28 minutes 55 seconds
West 71.98 feet along the east line of said Lot A to the northerly most corner
of Lot 36 of HUDSON ACRES, according to the record plat thereof on file and of
record in the Murray County Recorder's Office and an existing steel fence post;
thence South 51 degrees 37 minutes 05 seconds East 418.97 feet along the
northeasterly line of said Lot 36 and along the northeasterly line of Lots 35,
34, 33, 32 of HUDSON ACRES to an existing 1 inch inside diameter iron pipe
marking the easterly most corner of Lot 32 and the most northerly corner of Lot
31A of HUDSON ACRES; thence South 48 degrees 33 minutes 10 seconds East 298.26
feet along the northeasterly line of said Lot 31A to an existing 1 1/2 inch
inside diameter iron pipe marking the easterly most corner thereof and the most
northerly corner of Lot 31 of HUDSON ACRES; thence South 33 degrees 53 minutes
30 seconds East 224.96 feet along the northeasterly line of said Lot 31 and
along the northeasterly line of Lots 30 and 29 of HUDSON ACRES to an existing 1
1/2 inch inside diameter iron pipe marking the easterly most corner of said Lot
29 and the most northerly corner of Lot 28 of HUDSONS ACRES; thence South 45
degrees 23 minutes 54 seconds East 375.07 feet along the northeasterly line of
said Lot 28 and along the northeasterly line of Lots 27, 26, 25, 24 of HUDSON
ACRES to an existing 1 1/2 inch inside diameter iron pipe marking the easterly
most corner of said Lot 24 and the most northerly corner of Lot 23 of HUDSON
ACRES; thence South 64 degrees 39 minutes 53 seconds East 226.80 feet along the
northeasterly line of said Lot 23 and along the northeasterly line of Lots 22
and 21 of HUDSON ACRES to an existing 1 1/2 inch inside diameter iron pipe
marking the easterly most corner of said Lot 21 and the most northerly corner
of Lot 20 of HUDSON ACRES; thence South 39 degrees 49 minutes 49 seconds East
524.75 feet along the northeasterly line of said Lot 20 and along the
northeasterly line of Lots 19, 18, 17, 16, 15, 14 of HUDSON ACRES to an
existing 1 1/2 inch inside diameter iron pipe marking the easterly most corner
of said Lot 14 and the most northerly corner of Lot 13 of HUDSON ACRES; thence
South 55 degrees 31 minutes 43 seconds East 225.11 feet along the northeasterly
line of said Lot 13 and along the northeasterly line of Lots 12 and 11 of HUDSON
ACRES to an existing 1 1/2 inch inside diameter iron pipe marking the easterly
most corner of said Lot 11 and the northwest corner of Lot 10 of HUDSON ACRES;
thence South 88 degrees 03 minutes 49 seconds East 224.90 feet along the north
line of said Lot 10 and along the north line of Lots 9 and 8 of HUDSON ACRES to
an existing 1 1/2 inch inside diameter iron pipe marking the northeast corner
of said Lot 8 and the northwest corner of Lot 7 of HUDSON ACRES; thence North
84 degrees 07 minutes 37 seconds East 525.01 feet along the north line of said
Lot 7 and along the north line of Lots 6, 5, 4, 3, 2, 1 of HUDSON ACRES to an
existing 1 1/2 inch inside diameter iron pipe marking the northeast corner of
said Lot 1 of HUDSON ACRES; thence southeasterly, easterly and northerly along
a non-tangential curve concave to the north having a radius of 50.00 feet,
central angle 138 degrees 41 minutes 58 seconds, a distance of 121.04 feet,
chord bears North 63 degrees 30 minutes 12 seconds East; thence continuing
northwesterly and westerly along the previously described curve concave to the
south having a radius of 50.00 feet, central angle 138 degrees 42 minutes 00
seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47
seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West
not tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07
minutes 40 seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32
minutes 12 seconds West 196.66 feet to a DNR MON; thence North 39 degrees 49
minutes 59 seconds West 530.34 feet to a DNR MON; thence North 64 degrees 41
minutes 41 seconds West 230.01 feet to a DNR MON; thence North 45 degrees 23
minutes 00 seconds West 357.33 feet to a DNR MON; thence North 33 degrees 53
minutes 32 seconds West 226.66 feet to a DNR MON; thence North 48 degrees 30
minutes 31 seconds West 341.45 feet to a DNR MON; thence North 08 degrees 07
minutes 09 seconds East 359.28 feet to a DNR MON; thence North 24
degrees
09 minutes 58 seconds East 257.86 feet to a DNR MON; thence North 16 degrees 24
minutes 50 seconds East 483.36 feet to a DNR MON; thence North 76 degrees 04
minutes 53 seconds East 715.53 feet to a DNR MON; thence North 33 degrees 01
minute 32 seconds East 282.54 feet to a DNR MON; thence North 64 degrees 28
minutes 25 seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15
minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees 45
minutes 07 seconds East 26.00 feet to the point of beginning; containing 7.55
acres.
Subd.
5. [85.012]
[Subd. 44a.] Moose Lake State Park, Carlton County. The following areas are deleted from
Moose Lake State Park, all in Township 46 North, Range 19 West, Carlton County:
(1)
Parcel A: the West 660.00 feet of the Southwest Quarter of the Northeast
Quarter of Section 28;
(2)
Parcel B: the West 660.00 feet of the Northwest Quarter of the Southeast
Quarter of Section 28 lying northerly of a line 75.00 feet northerly of and
parallel with the centerline of State Trunk Highway 73, and subject to a taking
for highway purposes of a 100.00-foot wide strip for access and also subject to
highway and road easements;
(3)
Parcel C: the West 660.00 feet of the Southwest Quarter of the Southeast
Quarter of Section 28 lying northerly of a line 75.00 feet northerly of and
parallel with the centerline of State Trunk Highway 73, and subject to taking
for highway purposes of a road access under S.P. 0919 (311-311) 901 from State
Trunk Highway 73 to old County Road 21, said access being 100.00 feet in width
with triangular strips of land adjoining it at the northerly line of State
Trunk Highway 73, and subject to highway and road easements;
(4)
Parcel G: that part of Government Lot 1 of Section 28, which lies northerly of
the westerly extension of the northerly line of the Southwest Quarter of the
Northeast Quarter of said Section 28, and southerly of the westerly extension
of the northerly line of the South 660.00 feet of the Northwest Quarter of the
Northeast Quarter of said Section 28;
(5)
Parcel H: the South 660.00 feet of the Northwest Quarter of the Northeast
Quarter of Section 28;
(6)
Parcel I: the Southwest Quarter of the Northeast Quarter of Section 28, except
the West 660.00 feet of said Southwest Quarter; and
(7)
Parcel J: that part of the North One-Half of the Southeast Quarter of Section
28, described as follows: Commencing at the northwest corner of said North
One-Half of the Southeast Quarter; thence South 89 degrees 57 minutes 36
seconds East along the north line of said North One-Half of the Southeast
Quarter a distance of 660.01 feet to the east line of the West 660.00 feet of
said North One-Half of the Southeast Quarter and the actual point of beginning;
thence continue South 89 degrees 57 minutes 36 seconds East along the north line
of said North One-Half of the Southeast Quarter a distance of 657.40 feet to
the southeast corner of the Southwest Quarter of the Northeast Quarter of said
Section 28; thence South 00 degrees 19 minutes 17 seconds West, parallel to the
west line of said North One-Half of the Southeast Quarter a distance of 715.12
feet to the westerly right-of-way of US Interstate Highway 35; thence along
said westerly right-of-way of US Interstate Highway 35 a distance of 457.86
feet on a nontangential curve, concave to the southeast, having a radius of
1,054.93 feet, a central angle of 24 degrees 52 minutes 03 seconds, and a chord
bearing of South 39 degrees 00 minutes 37 seconds West; thence South 46 degrees
44 minutes 11 seconds West along said westerly right-of-way of US Interstate
Highway 35 a distance of 295.30 feet to the northerly right-of-way of Minnesota
Trunk Highway 73; thence 163.55 feet along said northerly right-of-way of
Minnesota Trunk Highway 73 on a nontangential curve, concave to the south,
having a radius of 1,984.88 feet, a central angle of 4 degrees 43 minutes 16
seconds, and a chord bearing of South 77 degrees 39 minutes 40 seconds West to
the east line of the West 660.00 feet of said North One-Half of the Southeast
Quarter; thence North 00 degrees 19 minutes 17 seconds East a distance of
1,305.90 feet, more or less, to the point of beginning and there terminating.
Sec.
22. ADDITIONS TO STATE RECREATION AREAS.
[85.013] [Subd. 11a.] Garden
Island State Recreation Area, Lake of the Woods County. The following areas are added to Garden
Island State Recreation Area, Lake of the Woods County:
(1)
Bureau of Land Management Island County Control Number 013 (aka Bridges Island)
within Lake of the Woods and located in Section 9, Township 165 North, Range 32
West;
(2)
Bureau of Land Management Island County Control Number 014 (aka Knight Island)
within Lake of the Woods and located in Section 22, Township 165 North, Range
32 West; and
(3)
Bureau of Land Management Island County Control Number 015 (aka Babe Island)
within Lake of the Woods and located in Section 17, Township 166 North, Range
32 West.
Sec.
23. ADDITIONS TO BIRCH LAKES STATE FOREST.
[89.021] [Subd. 7.] Birch
Lakes State Forest. The following area is added
to Birch Lakes State Forest: the East Half of the Northeast Quarter, Section
35, Township 127 North, Range 33 West, Stearns County.
Sec.
24. LEASE OF TAX-FORFEITED AND STATE LANDS.
(a)
Notwithstanding Minnesota Statutes, section 282.04, or other law to the
contrary, St. Louis County may enter a 30-year lease of tax-forfeited land for
a wind energy project.
(b)
The commissioner of natural resources may enter a 30-year lease of land
administered by the commissioner for a wind energy project.
Sec.
25. PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND BORDERING
PUBLIC WATER; AITKIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 92.45, and the classification and
public sale provisions of Minnesota Statutes, chapters 84A and 282, the
commissioner of natural resources may sell by public or private sale the
consolidated conservation land bordering public water that is described in
paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be
for no less than the survey costs and appraised value of the land and
timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
(c)
The land that may be sold is located in Aitkin County and is described as: the
East 132 feet of the West 396 feet, less the North 40 feet of Government Lot 8,
Section 19, Township 50 North, Range 23 West, containing 3.74 acres, more or
less.
(d)
The land borders Aitkin Lake with privately-owned land to the east and
west. The land has been subject to
continued trespasses by adjacent landowners.
The Department of Natural Resources has determined that the land is not
needed for natural resource purposes.
Sec.
26. PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; AITKIN
COUNTY.
(a)
Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, Aitkin County may sell by public or
private sale the consolidated conservation lands that are described in
paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be
for no less than the survey costs and appraised value of the land and
timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
(c)
The lands that may be sold are located in Aitkin County and are described as:
(1)
that part of the Northwest Quarter of the Southeast Quarter, Section 31,
Township 49 North, Range 22 West, lying east of County State-Aid Highway 6,
containing 3 acres, more or less;
(2)
that part of Government Lot 11, Section 3, Township 47 North, Range 26 West,
lying north of County Road 54, containing 2 acres, more or less;
(3)
that part of Government Lot 1, Section 19, Township 51 North, Range 25 West,
lying southwest of the ditch, containing 20 acres, more or less;
(4)
that part of the Southwest Quarter of the Southwest Quarter, Section 13,
Township 51 North, Range 26 West, lying south of the ditch, containing 12
acres, more or less; and
(5)
that part of the South Half of the Southeast Quarter, Section 13, Township 51 North,
Range 26 West, lying south of the ditch, containing 40 acres, more or less.
(d)
The lands are separated from management units by roads or ditches. The Department of Natural Resources has
determined that the lands are not needed for natural resource purposes.
Sec.
27. PRIVATE SALE OF SURPLUS STATE LAND; BELTRAMI COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, and upon
completion of condemnation of the school trust land interest, the commissioner
of natural resources may sell by private sale to Cormant Township the surplus
land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to Cormant
Township for less than the value of the land as determined by the commissioner,
but the conveyance must provide that the land described in paragraph (c) be
used for the public and reverts to the state if Cormant Township fails to
provide for public use or abandons the public use of the land.
(c)
The land that may be sold is located in Beltrami County and is described as:
that part of the Northeast Quarter of the Southeast Quarter, Section 15,
Township 151 North, Range 31 West, Beltrami County, Minnesota, described as
follows: Commencing at the northeast corner of said Northeast Quarter of the
Southeast Quarter; thence West along the north line of said Northeast Quarter
of the Southeast Quarter to the northwest corner of said Northeast Quarter of
the Southeast Quarter and the POINT OF BEGINNING of the property to be
described; thence East a distance of 76 feet, along said north line; thence
South a distance of 235 feet; thence West a distance of 76 feet to the west
line of said Northeast Quarter of the Southeast Quarter; thence North a
distance of 235 feet along said west line to the point of beginning. Containing 0.41 acre, more or less.
(d)
Cormant Cemetery has inadvertently trespassed upon the land. The Department of Natural Resources has
determined that the state's land management interests would best be served if
the land was conveyed to Cormant Township and managed as part of the cemetery. Since the land is currently school trust
land, the Department of Natural Resources shall first condemn the school trust
interest prior to conveyance to Cormant Township.
Sec.
28. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; BELTRAMI
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Beltrami
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Beltrami County and is described as: the
easterly 350 feet of the following described parcel: Northland Addition to
Bemidji Lots E, G, H, I, J, Section 8, Township 146 North, Range 33 West, and
all that part of Unplatted Lot 1, Section 17, Township 146 North, Range 33 West
and the Minneapolis, Red Lake, and Manitoba Railway right-of-way lying West of
Park Avenue and within Lot 1 except that part of the MRL&M RY R/W lying
north of the north boundary line of Lot E, Northland Addition to Bemidji.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
29. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; CARLTON
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Carlton County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Carlton County and is described as: the SE1/4
of the SE1/4 of Section 31, Township 47 North, Range 17 West, Blackhoof
Township.
(d)
The Carlton County Board of Commissioners has classified the parcel as
nonconservation and has determined that the county's land management interests
would best be served if the parcel was returned to private ownership.
Sec.
30. EXCHANGE OF STATE LAND WITHIN CARVER HIGHLANDS WILDLIFE MANAGEMENT
AREA; CARVER COUNTY.
(a)
The commissioner of natural resources may, with the approval of the Land
Exchange Board as required under the Minnesota Constitution, article XI,
section 10, and according to the provisions of Minnesota Statutes, sections
94.343 to 94.347, exchange the lands described in paragraph (b).
(b)
The lands to be exchanged are located in Carver County and are described as:
(1)
that part of the South Half of the Northwest Quarter and that part of the
Northwest Quarter of the Southwest Quarter lying northwesterly of the following
described line: Beginning on the north line of the South Half of the Northwest
Quarter, 1,815 feet East of the northwest corner thereof; thence southwesterly
3,200 feet, more or less, to the southwest corner of the Northwest Quarter of
the Southwest Quarter and there terminating, all in Section 30, Township 115
North, Range 23 West;
(2)
the Southeast Quarter of the Northeast Quarter, the West Half of the Southeast
Quarter of the Southeast Quarter, and that part of the North Half of the
Southeast Quarter lying easterly of County State-Aid Highway 45, all in Section
25, Township 115 North, Range 24 West;
(3)
the Northwest Quarter of the Northeast Quarter of the Northeast Quarter and the
North Half of the Southwest Quarter of the
Northeast Quarter of the Northeast Quarter, all in Section 36, Township 115
North, Range 24 West; and
(4)
the Northwest Quarter of the Northwest Quarter, Section 6, Township 114 North,
Range 23 West.
(c)
The lands were acquired in part with bonding appropriations. The exchange with the United States Fish and
Wildlife Service will consolidate land holdings, facilitate management of the
lands, and provide additional wildlife habitat acres to the state.
Sec.
31. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CHIPPEWA
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Chippewa
County may convey to Chippewa County for no consideration the tax-forfeited
land bordering public water that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the county fails to provide for the
public use described in paragraph (d) or abandons the public use of the
land. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c)
The land that may be conveyed is located in Chippewa County and is described as
follows:
(1)
Tract 1: a tract in Government Lot 2 described as: beginning at the southeast
corner of Lot 6, Block 1, Original Plat Wegdahl; thence West 50 feet South, 50
Feet West on a line 50 feet South of the south line of Block 1 to the river;
thence southeasterly along the river to a point 165 feet South of the south
line of Block 1; thence East on a line
parallel with the south line of Block 1, to the intersection with the
continuation of the east line of Lot 6, Block 1; thence North 165 feet
to the point of beginning, Section 3, Township 116, Range 40;
(2)
Tract 2: a 50 foot strip adjacent to Block 1, Original Plat Wegdahl on South
from Lot 3 to river, in Section 3, Township 116, Range 40; and
(3)
Tract 3: Lot 1, Block 2, Aadlands Subdivision.
(d)
The county will use the land to establish a public park.
Sec.
32. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CLEARWATER
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Clearwater County may sell the tax-forfeited land bordering public water that
is described in paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Clearwater County and is described as: Parcel
11.300.0020.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
33. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER OR WETLANDS;
DAKOTA COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018,
subdivision 1, and the public sale provisions of Minnesota Statutes, chapter
282, Dakota County may convey to Dakota County for no consideration the
tax-forfeited land bordering public water that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if Dakota County stops using the land for
the public purpose described in paragraph (d).
The conveyance is subject to restrictions imposed by the commissioner of
natural resources. The attorney general
may make changes to the land description to correct errors and ensure accuracy.
(c)
The land to be conveyed is located in Dakota County and is described as:
That
part of Government Lots 7 and 8, Section 26, Township 28, Range 22, lying
southeasterly of Lot 2, AUDITORS SUBDIVISION NO. 23, according to the recorded
plat thereof, and lying easterly of the railroad right-of-way and lying northwesterly
of the following described line:
Commencing
at the southwest corner of said Government Lot 7; thence North, assumed
bearing, along the west line of said Government Lot 7, a distance of 178.00
feet; thence northeasterly along a nontangential curve concave to the southeast
a distance of 290.00 feet, said curve having a radius of 764.50 feet, a central
angle of 21 degrees 43 minutes 57 seconds, a chord of 288.24 feet and a chord
bearing of North 24 degrees 29 minutes 20 seconds East; thence continuing
northeasterly along a tangent curve concave to the southeast a distance of
350.00 feet, said curve having a radius of 708.80 feet, a central angle of 28
degrees 17 minutes 32 seconds, a chord of 346.46 feet and a chord bearing of
North 49 degrees 30 minutes 04 seconds East; thence North 63 degrees 38 minutes
50 seconds East tangent to the last described curve a distance of 578.10 feet,
to a point hereinafter referred to as Point B; thence continuing North 63
degrees 38 minutes 50 seconds East a distance of 278.68 feet, more or less, to
the westerly right-of-way line of the Chicago, Rock Island and Pacific
Railroad, said point being the point of beginning of the line to be described;
thence North 63 degrees 38 minutes 50 seconds East a distance of 225.00 feet,
more or less, to the shoreline of the Mississippi River and there terminating.
(Dakota County tax identification number 36-02600-016-32).
(d)
The county has determined that the land is needed as a trail corridor for the
Mississippi River Regional Trail.
Sec.
34. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to the city of Wayzata the
surplus land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to the city of
Wayzata, for less than the value of the land as determined by the commissioner,
but the conveyance must provide that the land described in paragraph (c) be
used for the public and reverts to the state if the city of Wayzata fails to
provide for public use or abandons the public use of the land.
(c)
The land that may be sold is located in Hennepin County and is described as:
Tract F, Registered Land Survey No. 1168.
(d)
The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to the city
of Wayzata.
Sec.
35. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ITASCA
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Itasca
County may sell to Itasca County the tax-forfeited land bordering public water
that is described in paragraph (c), for the appraised value of the land.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is in Itasca County and is described as: the North 1,100
feet of Government Lot 1, Section 26, Township 56 North, Range 26 West.
(d)
The county has determined that the county's land management interests would be
best served if the land was under the direct ownership of Itasca County.
Sec.
36. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; MARSHALL
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Marshall County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Marshall County and is described as: that
part of the westerly ten acres of the North Half of the Northeast Quarter lying
southerly of the following described line: Commencing at the quarter section
corner between Sections 2 and 11; thence South along the quarter section line a
distance of 1,080 feet to the northern edge of County Ditch #25, the point of
beginning; thence upstream along said ditch North 40 degrees East 95 feet;
thence South 41 degrees East 500 feet to the intersection with State Ditch #83;
thence along said state ditch North 52 degrees 50 minutes East 196 feet; thence
East 2,092 feet to the section line between Sections 11 and 12.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
37. EXCHANGE OF STATE LAND WITHIN LAKE LOUISE STATE PARK; MOWER COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 94.342, subdivision 4, the
commissioner of natural resources may, with the approval of the Land Exchange
Board as required under the Minnesota Constitution, article XI, section 10, and
according to the remaining provisions of Minnesota Statutes, sections 94.342 to
94.347, exchange the land located within state park boundaries that is
described in paragraph (c).
(b) The conveyance must be in a form approved by
the attorney general. The attorney
general may make necessary changes to the legal description to correct errors
and ensure accuracy.
(c)
The state land that may be exchanged is located in Mower County and is
described as: that part of the Southeast Quarter of the Southwest Quarter of
the Southeast Quarter of Section 20, Township 101 North, Range 14 West, Mower
County, Minnesota, described as follows: Beginning at a point on the south line
of said Section 20 a distance of 1,039.50 feet (63 rods) East of the south
quarter corner of said Section 20; thence North at right angles to said south
line 462.00 feet (28 rods); thence West parallel to said south line 380.6 feet,
more or less, to the west line of said Southeast Quarter of the Southwest
Quarter of the Southeast Quarter; thence South along said west line 462 feet,
more or less, to the south line of said Section 20; thence East along said
south line 380.6 feet, more or less, to the point of beginning, containing 4.03
acres.
(d) The exchange would resolve an unintentional
trespass by the Department of Natural Resources of a horse trail that is
primarily located within Lake Louise State Park and provide for increased
access to the state park.
Sec.
38. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
19, Township 133, Range 42, River's Bend Reserve, Lot B.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
39. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
24, Township 136, Range 41, Crystal Beach, Lot 56, Block 1.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
40. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 133, Range 43, South 212 feet of Sub Lot 6 and South 212 feet of
Sub Lot 7, except tract and except platted (1.19) acres.
(d)
The Department of Natural Resources has no objection to the sale of this land.
Sec.
41. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
10, Township 134, Range 42, Heilberger Lake Estates, Reserve Lot A.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
42. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
31, Township 137, Range 39, Government Lot 5 (37.20 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
43. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
29, Township 137, Range 40, Freedom Flyer Estates, Lot 26, Block 1.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
44. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Quiet
Waters Development Outlot A.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
45. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 136, Range 38, part of Government Lot 4 North and East of highway
(Book 307, Page 31).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
46. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 136, Range 38, Elm Rest, part of Lots 3, 4, 5, and 6 and of Reserve
A lying North of road (Book 307, Page 31).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
47. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
27, Township 135, Range 39, Government Lot 7 (9.50 acres).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
48. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 135, Range 41, Government Lot 2, except tracts (7.77 acres).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
49. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
38609
County Highway 41, Section 9, Township 135, Range 41, part of Government Lot 2
beginning 275 feet West, 1,021.36 feet southwesterly, 1,179 feet southeasterly,
132 feet South from northeast corner Section 9; East 33 feet, southerly 314
feet, West 33 feet, northerly on lake East 110 feet to beginning.
Sec.
50. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
27, Township 132, Range 41, Stalker View Acres, Lot 6, Block 1.
Sec.
51. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
33, Township 135, Range 36, North Half of Sub Lot 5 of the Southwest Quarter
(7.07 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
52. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
33, Township 135, Range 36, South Half of Sub Lot 5 of the Southwest Quarter
(7.06 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
53. CONVEYANCE OF SURPLUS STATE LAND; RICE COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, the
commissioner of administration may convey to Rice County for no consideration
the surplus land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and provide
that the land revert to the state if Rice County stops using the land for the
public purpose described in paragraph (d).
The attorney general may make changes to the land description to correct
errors and ensure accuracy.
(c)
The land to be sold is located in Rice County and is described as:
(1)
that part of Section 5, Township 109 North, Range 20 West, Rice County,
Minnesota, described as follows:
Commencing
at the northwest corner of the Northwest Quarter of said Section 5; thence
southerly on a Minnesota State Plane Grid Azimuth from North of 180 degrees 23
minutes 50 seconds along the west line of said Northwest Quarter 348.30 feet to
the point of beginning of the parcel to be described; thence easterly on an
azimuth of 93 degrees 18 minutes 54 seconds 279.20 feet; thence southerly on an
azimuth of 183 degrees 10
minutes
40 seconds 144.38 feet; thence southeasterly on an azimuth of 148 degrees 00
minutes 00 seconds 110.00 feet; thence northeasterly on an azimuth of 58
degrees 00 minutes 00 seconds 119.90 feet; thence southeasterly on an azimuth
of 148 degrees 00 minutes 00 seconds 133.00 feet; thence southwesterly on an
azimuth of 238 degrees 00 minutes 00 seconds 199.38 feet; thence westerly on an
azimuth of 268 degrees 00 minutes 00 seconds 180.72 feet; thence northerly on
an azimuth of 358 degrees 00 minutes 00 seconds 55.36 feet; thence westerly on
an azimuth of 268 degrees 00 minutes 00 seconds 152.18 feet; thence northerly
on an azimuth of 00 degrees 23 minutes 50 seconds 364.80 feet to the point of
beginning; and
(2)
that part of Section 5, Township 109 North, Range 20 West, Rice County,
Minnesota, described as follows:
Commencing
at the northwest corner of the Northwest Quarter of said Section 5; thence
southerly on a Minnesota State Plane Grid Azimuth from North of 180 degrees 23
minutes 50 seconds along the west line of said Northwest Quarter 348.30 feet;
thence easterly on an azimuth of 93 degrees 18 minutes 54 seconds 279.20 feet
to the point of beginning of the parcel to be described; thence continuing
easterly on an azimuth of 93 degrees 18 minutes 54 seconds 45.00 feet; thence
southeasterly on an azimuth of 148 degrees 00 minutes 00 seconds 202.00 feet;
thence southwesterly on an azimuth of 238 degrees 00 minutes 00 seconds 119.90
feet; thence northwesterly on an azimuth of 328 degrees 00 minutes 00 seconds
110.00 feet; thence northerly on an azimuth of 3 degrees 10 minutes 40 seconds
144.38 feet to the point of beginning.
(d)
The commissioner has determined that the land is no longer needed for any state
purpose and that the state's land management interests would best be served if
the land was conveyed to and used by Rice County for a jail.
Sec.
54. PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; ROSEAU COUNTY.
(a)
Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, the commissioner of natural resources may sell
by private sale the consolidated conservation land that is described in
paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be
for no less than the survey costs and the appraised value of the land and
timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
(c)
The land that may be sold is located in Roseau County and is described as: the North
75 feet of the East 290.4 feet of the West 489.85 feet of the East 1,321.15
feet of the Northeast Quarter, Section 35, Township 160 North, Range 38 West,
containing 0.5 acres, more or less.
(d)
The land would be sold to the current leaseholder who through an inadvertent
trespass located a cabin, septic system, and personal property on the state
land. The Department of Natural
Resources has determined that the land is not needed for natural resource
purposes.
Sec.
55. PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to St. Louis County the surplus
land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to St. Louis
County for less than the value of the land as determined by the commissioner,
but the conveyance must provide that the land described in paragraph (c) be
used for the public and reverts to the state if St. Louis County fails to
provide for public use or abandons the public use of the land.
(c)
The land that may be sold is located in St. Louis County and is described as:
an undivided 1/12 interest in Government Lot 6, Section 6, Township 62 North,
Range 13 West, containing 35.75 acres, more or less.
(d)
The land was gifted to the state. The
remaining 11/12 undivided interest in the land is owned by the state in trust
for the taxing districts and administered by St. Louis County. The Department of Natural Resources has
determined that the state's land management interests would best be served if
the land was conveyed to St. Louis County.
Sec.
56. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may sell or convey to the state acting by and through its commissioner
of natural resources, the tax-forfeited land bordering public water that is
described in paragraph (c), under the provisions of Minnesota Statutes, section
282.01, subdivision 1a.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c)
The land that may be sold is located in St. Louis County and is described as:
Lot 7, Klimek's Addition to Grand Lake, according to the plat thereof on file
and of record in the Office of the County Recorder, St. Louis County.
(d)
The county has determined that the land is not needed for county management
purposes and the Department of Natural Resources would like to acquire the land
for use as a public water access site to Little Grand Lake.
Sec.
57. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. Prior to the sales, the commissioner of
revenue shall grant permanent conservation easements according to Minnesota
Statutes, section 282.37, to provide riparian protection and public access to
shore fishing. The easements for land
described in paragraph (c), clauses (1) to (3), shall be 450 feet in width from
the centerline of the river. The
easements for land described in paragraph (c), clauses (4) and (5), shall be
300 feet in width from the centerline of the river. The easements must be approved by the St. Louis County Board and
the commissioner of natural resources.
(c)
The land to be sold is located in St. Louis County and is described as:
(1)
Lot 5 except railroad right-of-way 3.15 acres, Section 2, T50N, R18W (23.35
acres) (535-0010-00210);
(2)
Lot 7 except railroad right-of-way 3.9 acres, Section 2, T50N, R18W (30.1
acres) (535-0010-00300);
(3)
Lot 5 except railroad right-of-way 3 acres, Section 12, T50N, R18W (36 acres)
(535-0010-01910);
(4)
Lot 2 except railroad right-of-way, Section 35, T51N, R18W (22.5 acres)
(310-0010-05650); and
(5)
Lot 1 except GN railroad right-of-way, Section 35, T51N, R18W (34 acres)
(110-0040-00160).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
58. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (d) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
Prior to the sales of the land described in paragraph (d), clauses (1), (2),
and (10) to (12), the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37, to
provide riparian protection and public access for angling. The easements must be approved by the St.
Louis County Board and the commissioner of natural resources. The easements shall be for lands described
in paragraph (d):
(1)
clause (1), 75 feet in width on each side of the centerline of the creek;
(2)
clause (2), 200 feet in width on each side of the centerline of the river;
(3)
clause (10), 100 feet in width on each side of the centerline of the river; and
(4)
clauses (11) and (12), 50 feet in width on each side of the centerline of the
stream.
(d)
The land to be sold is located in St. Louis County and is described as:
(1)
N 1/2 of NW 1/4 of NE 1/4 of SE 1/4, Section 22, T51N, R14W (5 acres)
(520-0016-00590);
(2)
SW 1/4 of SW 1/4, Section 8, T50N, R16W (40 acres) (530-0010-01510);
(3)
undivided 1/6 and undivided 1/2 of Lot 9, Thompson Lake Addition, Section 12,
T53N, R14W (375-0120-00091, 375-0120-00094);
(4)
SLY 200 FT OF NLY 1,220 FT OF LOT 4, Section 20, T54N, R18W (9.5 acres)
(405-0010-03394);
(5)
PART OF SW 1/4 OF SE 1/4 LYING N OF SLY 433 FT, Section 36, T57N, R21W (25
acres) (141-0050-07345);
(6)
PART OF SE 1/4 OF SW 1/4 LYING W OF DW & P RY AND N OF PLAT OF HALEY,
Section 23, T63N, R19W (11 acres) (350-0020-03730);
(7)
SE 1/4 of NW 1/4, Section 26, T58N, R19W (40 acres) (385-0010-02610);
(8)
NE 1/4 of SW 1/4, Section 20, T59N, R20W (40 acres) (235-0030-03110);
(9)
LOT 4, Section 2, T61N, R19W (40 acres) (200-0010-00230);
(10)
SW 1/4 of SE 1/4, Section 19, T50N, R16W (40 acres) (530-0010-03570);
(11)
LOTS 15, 16, 17, 18, 19, BLOCK 1, COLMANS 4th ACRE TRACT ADDITION TO DULUTH,
Section 33, T51N, R14W (520-0090-00150, -00160, -00180); and
(12)
BLOCKS 17, 18, and 20, PLAT OF VERMILION TRAIL LODGE, Section 13, T62N, R14W.
(e)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
59. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County may sell by private sale the
tax-forfeited land described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in St. Louis County and is described as:
Lots
20 and 21, Plat of Twin Lakes, Government Lot 3, Section 32, T60N, R19W (1.1
acres) (385-0070-00200).
(d)
This sale resolves an unintentional trespass.
The county has determined that the county's land management interests
would best be served if the lands were returned to private ownership.
Sec.
60. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may convey to the state for no consideration the tax-forfeited land
bordering public water that is described in paragraph (c).
(b)
The conveyance must be according to Minnesota Statutes, section 282.01,
subdivision 2, and in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be conveyed is located in St. Louis County and is described as:
(1)
lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that
part of Government Lot 2 lying southeasterly of the southeasterly right-of-way
of the St. Paul and Duluth and Northern Pacific Railway including riparian
rights.
EXCEPT:
that part of Government Lot 2 beginning at the intersection of the south line
of Lot 2 and the southeasterly right-of-way of the St. Paul and Duluth and
Northern Pacific Railway; thence easterly along the south line of said Lot 2 a
distance of 150 feet to a point; thence deflect to the left and continue in a
straight line to a point on the southeasterly line of said railway right-of-way
said point distant 150 feet northeast of the point of beginning; thence deflect
to the left and continue southwesterly along the southeasterly line of said
railway right-of-way a distance of 150 feet to point of beginning and there
terminating.
EXCEPT
FURTHER: that part of Government Lot 2 commencing at the point of intersection
of the south line of Lot 2 and the southeasterly right-of-way of the St. Paul
and Duluth and Northern Pacific Railway; thence northeasterly along the
southeasterly line of said railway right-of-way a distance of 1,064 feet to
point of beginning; thence deflect 44 degrees, 12 minutes, 27 seconds to the
right a distance of 105.44 feet to a point; thence deflect 85 degrees, 16
minutes, 07 seconds to the left a distance of 111.92 feet more or less to a
point on the southeasterly line of said railway right-of-way; thence deflect to
the left and continue northwesterly along the southeasterly line of said
railway right-of-way a distance of 160 feet more or less to point of beginning
and there terminating (010-2746-00290); and
(2)
lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that
part of Government Lot 1, including riparian rights, lying southerly of the
Northern Pacific Short Line right-of-way except 5 18/100 acres for Northern
Pacific Main Line and except a strip of land 75 feet wide and adjoining the
Northern Pacific Main Line right-of-way and formerly used as right-of-way by
Duluth Transfer Railway 2 67/100 acres, also except that part lying North of
Grand Avenue 72/100 acres and except a strip of land adjacent to the Old
Transfer Railway right-of-way containing 2 13/100 acres. Revised Description #40, Recorder of Deeds,
Book 686, Page 440.
EXCEPT:
that part of Government Lot 1 lying southerly of the Northern Pacific Short
Line right-of-way and northerly of the Old Transfer Railway right-of-way.
EXCEPT
FURTHER: that part of Government Lot 1 lying southerly of the Northern Pacific
Main Line right-of-way and lying northerly of a line parallel to and lying 305
feet southerly of the north line of said Government Lot 1 (010-2746-00245).
Sec.
61. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
St. Louis County may sell by private sale the tax-forfeited land that is
described in paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in St. Louis County and is described as:
(1)
that part of the South 200 feet of the West 900 feet of Government Lot 4 lying
east of State Highway 73, and that part of the North 300 feet of the West 900
feet of Government Lot 5 lying east of State Highway 73, all in Section 6,
Township 52 North, Range 20 West;
(2)
that part of the Southeast Quarter of the Northeast Quarter lying north of
County Road 115 in Section 15, Township 62 North, Range 17 West; and
(3)
that part of the Southwest Quarter of the Northeast Quarter of Section 26,
Township 63 North, Range 12 West, lying west of the west right-of-way boundary
of County Highway 88; EXCEPTING therefrom the following described tract of
land: That part of the Southwest Quarter of the Northeast Quarter of Section
26, Township 63 North, Range 12 West, described as follows: Begin at a point
located at the intersection of the north and south quarter line of said section
and the north boundary line of the right-of-way of County Highway 88, said
point being 494.44 feet North of the center of said section; thence North on
said north and south quarter line a distance of 216.23 feet; thence at an angle
of 90 degrees 0 minutes to the right a distance of 253.073 feet; thence at an
angle of 90 degrees 0 minutes to the right a distance of 472.266 feet to a
point on the north boundary line of the right-of-way of said County Highway 88;
thence in a northwesterly direction along the north boundary line of the
right-of-way of said County Highway 88, a distance of 360 feet to the point of
beginning.
(d)
The sales authorized under this section are needed for public utility
substations.
Sec.
62. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. The conveyance must include a deed
restriction that prohibits excavating, filling, dumping, tree cutting, burning,
structures, and buildings within an area that is 75 feet in width along the
shoreline. A 15-foot strip for
landowner lake access is allowed.
(c)
The land to be sold is located in St. Louis County and is described as: E 1/2
of W 1/2 of E 1/2 of SW 1/4 of NW 1/4, Section 27, T57N, R17W (5 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
63. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. The conveyance must include a deed
restriction on buildings, structures, tree cutting, removal of vegetation, and
shoreland alterations within an area that is 75 feet in width along the river. A 15-foot strip for landowner river access
is allowed.
(c)
The land to be sold is located in St. Louis County and is described as: that
part of Lot 8 beginning at a point 200 feet East of the center of Section 5;
thence South 300 feet; thence East 300 feet; thence North 263 feet to shoreline
of Ash River; thence northwesterly along the river 325 feet; thence southerly
to point of beginning, Section 5, T68N, R19W (2 acres) (731-0010-00845).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
64. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (d) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
Prior to the sales of the land described in paragraph (d), clauses (1) to (4),
the commissioner of revenue shall grant permanent conservation easements
according to Minnesota Statutes, section 282.37. The easements must be approved by the St. Louis County Board and
the commissioner of natural resources.
The easements shall be for lands described in paragraph (d):
(1)
clause (1), 100 feet in width on each side of the centerline of the river. A 15-foot strip for landowner river access
is allowed;
(2)
clause (2), 125 feet in width on each side of the centerline of the river. A 15-foot strip for landowner river access
is allowed;
(3)
clause (3), 100 feet in width on each side of the centerline of the tributary;
and
(4)
clause (4), for access purposes.
(d)
The land to be sold is located in St. Louis County and is described as:
(1)
SW 1/4 of SW 1/4 except W 1/2, Section 14, T62N, R18W (20 acres);
(2)
S 1/2 of SW 1/4 of SW 1/4, Section 16, T62N, R18W (20 acres);
(3)
SW 1/4 of SE 1/4 except 5 acres at NW corner and except S 1/2 and except E 1/2
of NE 1/4, Section 10, T52N, R12W (10 acres);
(4)
NW 1/4 of SE 1/4 except that part of the NE 1/4 lying N of the East Van Road
and except S 1/2 of N 1/2 of S 1/2 and except S 1/2 of S 1/2, Section 5, T52N,
R14W (18.3 acres);
(5)
westerly 416 feet of SW 1/4 of SW 1/4 except westerly 208 feet of southerly 624
feet, Section 21, T56N, R18W (9.63 acres);
(6)
Lot 3, Section 1, T55N, R21W (46.18 acres);
(7)
SW 1/4 of NE 1/4, Section 18, T52N, R15W (40 acres); and
(8)
Lots 23, 73, 95, 118, 119 of NE-NA MIK-KA-TA plat, town of Breitung, located in
Government Lots 1 and 12 of Section 6, T62N, R15W.
(e)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
65. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
St. Louis County may sell by private sale the tax-forfeited land that is
described in paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in St. Louis County and is described as:
Southeast Quarter of Southwest Quarter, Section 24, Township 65 North, Range 20
West.
(d)
The county has determined that the county's land management interests would be
best served if the lands were returned to private ownership.
Sec.
66. PRIVATE SALE OF WILDLIFE MANAGEMENT AREA LAND; WABASHA COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09, 94.10, and 97A.135,
subdivision 2a, the commissioner of natural resources shall sell by private
sale the wildlife management area land described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell the land to
Mazeppa Township for less than the value of the land as determined by the
commissioner.
(c)
The land that may be sold is located in Wabasha County and is described as
follows: all of the following described tract: the southerly 300 feet of the
westerly 350 feet of the Northwest Quarter of the Northwest Quarter of Section
10, Township 109 North, Range 14 West; together with the southerly 300 feet of
the easterly 150 feet of the Northeast Quarter of the Northeast Quarter of
Section 9, Township 109 North, Range 14 West; excepting therefrom the
right-of-way of existing highway; containing 3.23 acres more or less.
(d)
The land is located in Mazeppa Township and is not contiguous to other state
lands. The Department of Natural
Resources has determined that the state's land management interests would best
be served if the lands were conveyed to a local unit of government.
Sec.
67. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; WADENA
COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus lands bordering public water that
are described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c)
The lands that may be sold are located in Wadena County and are described as:
(1)
Government Lot 3, Section 28, Township 135 North, Range 33 West, containing
0.01 acres, more or less;
(2)
Government Lot 2, Section 34, Township 135 North, Range 33 West, containing 1.5
acres, more or less; and
(3)
Government Lot 7, Section 30, Township 135 North, Range 35 West, containing
0.01 acres, more or less.
(d)
The lands border the Leaf River and are not contiguous to other state
lands. The Department of Natural
Resources has determined that the lands are not needed for natural resource
purposes.
Sec.
68. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Washington
County may convey to the Comfort Lake-Forest Lake Watershed District for
no consideration the tax-forfeited land bordering public water that is
described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the Comfort Lake-Forest Lake Watershed
District stops using the land for the public purpose described in paragraph
(d). The attorney general may make
changes to the land description to correct errors and ensure accuracy.
(c)
The land to be conveyed is located in Washington County and is described as:
(1)
Parcel A (PIN 05.032.21.12.0001): all that part of the Northwest Quarter of the
Northeast Quarter, Section 5, Township 32, Range 21, Washington County,
Minnesota, that lies East of Minnesota Highway 61 as relocated and South of
Judicial Ditch No. 1, except the following described tracts:
Beginning
at a point where the easterly right-of-way of Minnesota Highway 61 intersects
the south line of the Northwest Quarter of the Northeast Quarter, Section 5,
Township 32, Range 21, Washington County, Minnesota; thence East along said
south line of the Northwest Quarter of the Northeast Quarter of Section 5 for
194.1 feet; thence North at right angles 435.3 feet; thence South 75 degrees 56
minutes West for 294.4 feet to said easterly right-of-way of Minnesota Highway
61; thence South 14 degrees 04 minutes East along said easterly right-of-way of
Minnesota Highway 61 for 375.0 feet to the point of the beginning; and
That
part of the Northwest Quarter of the Northeast Quarter, Section 5, Township 32
North, Range 21 West, Washington County, Minnesota, described as follows:
commencing at the north quarter corner of Section 5; thence East along the
north line of Section 5, a distance of 538.8 feet to the easterly right-of-way
line of Trunk Highway 61; thence southeasterly deflection to the right 76
degrees 00 minutes 20 seconds, along said highway right-of-way line, 500.4 feet
to the point of beginning; thence continuing southeasterly along said highway
right-of-way line 293.7 feet to the northwest corner of the Philip F. and Maree
la J. Turcott property, as described in Book 261 of Deeds on Page 69;
thence northeasterly at right angles along the northerly line of said Turcott
property in its northeasterly projection thereof, 318.4 feet, more or less, to
the centerline of Sunrise River; thence northwesterly along said Sunrise River
centerline, 358 feet, more or less, to the point of intersection with a line
drawn northeasterly from the point of beginning and perpendicular to the
easterly right-of-way line of Trunk Highway 61; thence southwesterly along said
line, 154.3 feet, more or less, to the point of beginning; and
(2)
Parcel B (PIN 05.032.21.12.0004): that part of the Northwest Quarter of the
Northeast Quarter, Section 5, Township 32, Range 21, lying easterly of Highway
61 and North of Judicial Ditch No. 1.
(d)
The county has determined that the land is needed by the watershed district for
purposes of Minnesota Statutes, chapter 103D.
Sec.
69. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER;
WASHINGTON COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, or other law
to the contrary, Washington County may sell by private sale the tax-forfeited
land that is bordering public water and described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and must
provide that the county or watershed district retains an easement for drainage
purposes. The attorney general may make
changes to the land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Washington County and is described as:
All
that part of the Southwest Quarter of the Southeast Quarter of Section 17,
Township 30 North, Range 21 West, Washington County, Minnesota, that lies south
of the following described parcel:
Commencing
at the northeast corner of the Southwest Quarter of the Southeast Quarter of
Section 17; thence South, assumed bearing, along the east line of said
Southwest Quarter of the Southeast Quarter, 393 feet to the point of beginning;
thence North 88 degrees 30 minutes West, on a line parallel with the north line
of said Southwest Quarter of the Southeast Quarter, 915.7 feet, more or less,
to an iron pipe; thence North 79 degrees 29 minutes West 395.5 feet, more or
less, to a point on the centerline of the county road; thence southerly along
said centerline, 323.4 feet, more or less, to a point; thence South 76 degrees
00 minutes East 251.9 feet, more or less, to an iron pipe; thence South 88
degrees 30 minutes East 1083 feet, more or less, to a point on the east line of
said Southwest Quarter of the Southeast Quarter; thence North, along said east
line, 312 feet, more or less, to the point of beginning.
And,
lies east of the plat of Laurelside which is on file and of record in the
Office of the Washington County Recorder.
And,
lies northerly of the following described parcel:
All
that part of said Southwest Quarter of the Southeast Quarter of said Section
17, and all that part of the Northwest Quarter of the Northeast Quarter of
Section 20, Township 30 North, Range 21 West; which is also part of vacated
Block 146 and adjacent Linden Street (now vacated) of the plat of Wildwood
which is on file and of record in the Office of the Washington County Recorder;
and more specifically described as follows:
Commencing
at the most westerly corner of Block 147, Wildwood; thence on the northwesterly
extension of the southwesterly line of Block 147, a distance of 60 feet to a
point on the southeasterly side of said Block 146, which is also the
northwesterly line of Bryant Avenue; thence northeasterly along said
southeasterly side of Block 146, a distance of 92 feet to the point of
beginning of the parcel to be described; thence continuing northeasterly, along
said southeasterly side of Block 146, a distance of 231 feet, more or less, to
a contour line being at elevation 947 feet above mean sea level; thence in a
northwesterly direction along said contour line for 200 feet, more or less, to
its intersection with a line that is parallel with and 177 feet from said
southeasterly side of Block 146 as measured at right angles; thence
southwesterly along said parallel line, 297 feet, more or less, to a point
drawn at right angles from the point of beginning; thence on a deflection angle
of 90 degrees to the left, 177 feet to the point of beginning.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
70. EASEMENT ON TAX-FORFEITED LAND; ITASCA COUNTY.
Notwithstanding
Minnesota Statutes, section 282.04, or other law to the contrary, Itasca County
may grant a 40-year easement of tax-forfeited land to the Itasca County
Regional Rail Authority for a rail line right-of-way. The easement may be canceled only by resolution of the county
board after reasonable notice for any substantial breach of the terms of the
easement. The land subject to the
easement may not be sold or otherwise conveyed by the county board during the
period of the easement.
Sec.
71. REPORT.
By
January 15, 2009, the Department of Natural Resources, in cooperation with the
attorney general, stakeholders, and a representative from the Voyageurs
National Park, shall report to the house of representatives and senate
committees with jurisdiction over environment and natural resources budget and
policy on any state and federal contractual agreements and the legal
relationship between the state and federal authorities relating to the
navigable waters under the state's jurisdiction as described in Minnesota
Statutes, section 84B.061, within Voyageurs National Park. The department shall make recommendations,
including any draft legislation, on how to appropriately share enforcement
duties between state and federal officials.
Sec.
72. REPEALER.
Minnesota
Statutes 2006, sections 16B.281, subdivisions 2, 4, and 5; and 16B.285, are
repealed.
Sec.
73. EFFECTIVE DATE.
This
article is effective the day following final enactment.
ARTICLE
2
GAME
AND FISH
Section
1. Minnesota Statutes 2007 Supplement,
section 10A.01, subdivision 35, is amended to read:
Subd.
35. Public official.
"Public official" means any:
(1)
member of the legislature;
(2)
individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research
or House Research;
(3)
constitutional officer in the executive branch and the officer's chief
administrative deputy;
(4)
solicitor general or deputy, assistant, or special assistant attorney general;
(5)
commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief
information officer;
(6)
member, chief administrative officer, or deputy chief administrative officer of
a state board or commission that has either the power to adopt, amend, or
repeal rules under chapter 14, or the power to adjudicate contested cases or
appeals under chapter 14;
(7)
individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter
14;
(8)
executive director of the State Board of Investment;
(9)
deputy of any official listed in clauses (7) and (8);
(10)
judge of the Workers' Compensation Court of Appeals;
(11)
administrative law judge or compensation judge in the State Office of
Administrative Hearings or referee in the Department of Employment and Economic
Development;
(12)
member, regional administrator, division director, general counsel, or
operations manager of the Metropolitan Council;
(13)
member or chief administrator of a metropolitan agency;
(14)
director of the Division of Alcohol and Gambling Enforcement in the Department
of Public Safety;
(15)
member or executive director of the Higher Education Facilities Authority;
(16)
member of the board of directors or president of Minnesota Technology, Inc.;
(17)
member of the board of directors or executive director of the Minnesota State
High School League;
(18)
member of the Minnesota Ballpark Authority established in section 473.755;
(19)
citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20)
manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13; or
(21)
supervisor of a soil and water conservation district; or
(22)
citizen member of the Lessard Outdoor Heritage Council established in section
97A.056.
EFFECTIVE DATE. This section is effective November 15, 2008, if the
constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the
voters.
Sec.
2. Minnesota Statutes 2006, section
17.4981, is amended to read:
17.4981 GENERAL CONDITIONS FOR REGULATION OF
AQUATIC FARMS.
(a)
Aquatic
farms are licensed to culture private aquatic life. Cultured aquatic life is not wildlife. Aquatic farms must be licensed and given classifications to
prevent or minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:
(1)
prevent public aquatic life from entering an aquatic farm;
(2) prevent
release of nonindigenous or exotic species into public waters without approval
of the commissioner;
(3)
protect against release of disease pathogens to public waters;
(4)
protect existing natural aquatic habitats and the wildlife dependent on them;
and
(5)
protect private aquatic life from unauthorized taking or harvest.
(b)
Private
aquatic life that is legally acquired and possessed is an article of interstate
commerce and may be restricted only as necessary to protect state fish and
water resources.
(c)
The commissioner of natural resources shall establish license and other fees as
provided in section 16A.1285, subdivision 2, that would make aquaculture
licensing and enforcement self-sustaining.
The commissioner shall develop best management practices for aquaculture
to ensure the long-term sustainability of aquaculture and wetlands used for
aquaculture, including, but not limited to, fish farming in man-made ponds.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 17.4984, subdivision 1, is amended to read:
Subdivision
1. License
required. (a) A person or entity
may not operate an aquatic farm without first obtaining an aquatic farm license
from the commissioner.
(b)
Applications for an aquatic farm license must be made on forms provided by the
commissioner.
(c)
Licenses are valid for five years and are transferable upon notification to the
commissioner.
(d)
The commissioner shall issue an aquatic farm license on payment of the required
license fee under section 17.4988.
(e) A
license issued by the commissioner is not a determination of private property
rights, but is only based on a determination that the licensee does not have a
significant detrimental impact on the public resource.
(f) By
January 15, 2008, the commissioner shall report to the senate and house of
representatives committees on natural resource policy and finance on policy
recommendations regarding aquaculture. The commissioner shall not issue
a new license for aquatic farm purposes on a natural water body that has been
restored or subject to a protective easement or other interest in land that was
at least partially paid for with state or federal money.
(g)
Before a new aquatic farm license is issued for a natural water body, the
applicant must notify all owners of property with direct access to the water
body. The notification must include the
language of this subdivision.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to applications submitted after that date.
Sec.
4. Minnesota Statutes 2006, 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 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 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 issuing fees
and an additional transaction fee not to exceed $3.50;
(4)
charge and permit agents to charge a convenience fee not to exceed three
percent of the cost of the license to individuals who use electronic bank cards
for payment. An electronic licensing
system agent charging a fee of individuals making an electronic bank card
transaction in person must post a sign informing individuals of the fee. The sign must be near the point of payment,
clearly visible, include the amount of the fee, and state: "License agents
are allowed by state law to charge a fee not to exceed three percent of the
cost of state licenses to persons who use electronic bank cards for payment. The fee is not required by state law.";
(5) establish, by written
order, an electronic licensing system commission to be paid by revenues
generated from all sales 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) (6) adopt rules to administer
the provisions of this subdivision.
(b)
The fees established under paragraph (a), clause clauses (3)
and (4), and the commission established under paragraph (a), clause (4)
(5), 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.
Sec.
5. Minnesota Statutes 2006, section
84D.10, subdivision 2, is amended to read:
Subd.
2. Exceptions. Unless otherwise prohibited by law, a person
may place into the waters of the state a watercraft or trailer with aquatic
macrophytes:
(1)
that are duckweeds in the family Lemnaceae;
(2)
for purposes of shooting or observation blinds attached in or on watercraft
in amounts sufficient for that purpose, if the aquatic macrophytes are emergent
and cut above the waterline;
(3)
that are wild rice harvested under section 84.091; or
(4) in
the form of fragments of emergent aquatic macrophytes incidentally transported
in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season.
Sec.
6. Minnesota Statutes 2006, section
84D.13, subdivision 4, is amended to read:
Subd.
4. Warnings;
civil citations. After appropriate
training, conservation officers, other licensed peace officers, and other
department personnel designated by the commissioner may issue warnings or
citations to a person who:
(1)
unlawfully transports prohibited invasive species or aquatic macrophytes;
(2)
unlawfully places or attempts to place into waters of the state a trailer, a
watercraft, or plant harvesting equipment that has aquatic macrophytes or prohibited
invasive species attached;
(3)
intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
by rule, Eurasian water milfoil;
(4)
fails to drain water, as required by rule, from watercraft and equipment before
leaving designated zebra mussel, spiny water flea, or other invasive plankton
infested waters; or
(5)
transports infested water, in violation of rule, off riparian property.
Sec.
7. Minnesota Statutes 2006, section
85.46, subdivision 1, is amended to read:
Subdivision
1. Pass
in possession. (a) Except as
provided in paragraph (b), while riding, leading, or driving a horse on
horse trails and associated day use areas on state trails, in state parks, in
state recreation areas, and in state forests, a person 16 years of age or over
shall carry in immediate possession and visibly display on person or horse
tack, a valid horse trail pass. The
pass must be available for inspection by a peace officer, a conservation
officer, or an employee designated under section 84.0835.
(b)
A valid horse trail pass is not required under this section for a person
riding, leading, or driving a horse only on the portion of a horse trail that
is owned by the person or the person's spouse, child, parent, or guardian.
Sec.
8. Minnesota Statutes 2006, section
97A.015, subdivision 32a, is amended to read:
Subd.
32a. Muzzle-loader Muzzleloader season. "Muzzle-loader Muzzleloader
season" means the firearms deer season option open only for
legal muzzle-loading muzzleloading firearms, as prescribed by the
commissioner.
Sec.
9. Minnesota Statutes 2006, section
97A.015, subdivision 41a, is amended to read:
Subd.
41a. Regular firearms season.
"Regular firearms season" means any of the firearms deer season
options seasons prescribed by the commissioner that begin in
November, exclusive of the muzzle-loader muzzleloader season.
Sec.
10. Minnesota Statutes 2006, section
97A.015, is amended by adding a subdivision to read:
Subd.
44a. Shelter. "Shelter" means any structure,
other than a self-propelled motor vehicle, that is set on the ice of state
waters to provide shelter.
Sec.
11. Minnesota Statutes 2006, section
97A.045, subdivision 7, is amended to read:
Subd. 7. Duty to encourage stamp design and
purchases. (a) The commissioner
shall encourage the purchase of:
(1)
Minnesota migratory waterfowl stamps by nonhunters interested in migratory
waterfowl preservation and habitat development;
(2)
pheasant stamps by persons interested in pheasant habitat improvement;
(3)
trout and salmon stamps by persons interested in trout and salmon stream and
lake improvement; and
(4) turkey stamps by persons interested in wild turkey
management and habitat improvement stamp collecting; and
(5)
walleye stamps by persons interested in walleye stocking and stamp collecting.
(b)
The commissioner shall make rules governing contests for selecting a design for
each stamp, including those stamps not required to be in possession while
taking game or fish. The
commissioner shall ensure that stamp design and characteristics are consistent
with the design and characteristics that are sought by pictorial stamp
collectors.
Sec.
12. Minnesota Statutes 2007 Supplement,
section 97A.055, subdivision 4, is amended to read:
Subd.
4. Game
and fish annual reports. (a) By
December 15 each year, the commissioner shall submit to the legislative
committees having jurisdiction over appropriations and the environment and
natural resources reports on each of the following:
(1)
the amount of revenue from the following and purposes for which expenditures
were made:
(i)
the small game license surcharge under section 97A.475, subdivision 4;
(ii)
the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 5,
clause (1);
(iii)
the trout and salmon stamp under section 97A.475, subdivision 10;
(iv)
the pheasant stamp under section 97A.475, subdivision 5, clause (2);
(v)
the turkey stamp wild turkey management account under section 97A.475,
subdivision 5, clause (3) 97A.075, subdivision 5; and
(vi)
the deer license donations and surcharges under section 97A.475, subdivisions
3, paragraph (b), and 3a; and
(vii)
the walleye stamp under section 97A.475, subdivision 10a;
(2)
the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
(c), and the purposes for which these amounts were spent;
(3)
money credited to the game and fish fund under this section and purposes for
which expenditures were made from the fund;
(4)
outcome goals for the expenditures from the game and fish fund; and
(5)
summary and comments of citizen oversight committee reviews under subdivision
4b.
(b)
The report must include the commissioner's recommendations, if any, for changes
in the laws relating to the stamps and surcharge referenced in paragraph (a).
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
13. Minnesota Statutes 2006, 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 and walleye stamp funding;
(2) a
Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and turkey stamp
wild turkey management 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 wild turkey
management account and address funding issues related to wild turkeys;
and
(10)
a subcommittee to review the walleye stamp and address funding issues related
to walleye stocking.
(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, 2010.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
14. [97A.056] OUTDOOR HERITAGE FUND; LESSARD OUTDOOR HERITAGE COUNCIL.
Subdivision
1. Outdoor
heritage fund. An outdoor
heritage fund, under article XI, section 15, of the Minnesota Constitution, is
established as an account in the state treasury. All money earned by the outdoor heritage fund must be credited to
the fund. At least 99 percent of the
money appropriated from the fund must be expended to restore, protect, and
enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.
Subd.
2. Lessard
Outdoor Heritage Council. (a)
The Lessard Outdoor Heritage Council of 12 members is created in the
legislative branch, consisting of:
(1)
two public members appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration;
(2)
two public members appointed by the speaker of the house;
(3)
four public members appointed by the governor;
(4)
two members of the senate appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration; and
(5)
two members of the house of representatives appointed by the speaker of the
house.
(b)
Members appointed under paragraph (a) must not be registered lobbyists. In making appointments, the governor, senate
Subcommittee on Committees of the Committee on Rules and Administration, and
the speaker of the house shall consider geographic balance, gender, age,
ethnicity, and varying interests including hunting and fishing. The governor's appointments to the council
are subject to the advice and consent of the senate.
(c)
Public members appointed under paragraph (a) shall have practical experience or
expertise or demonstrated knowledge in the science, policy, or practice of
restoring, protecting, and enhancing wetlands, prairies, forests, and habitat
for fish, game, and wildlife.
(d)
Legislative members appointed under paragraph (a) shall include the chairs of
the legislative committees with jurisdiction over environment and natural
resources finance or their designee, one member from the minority party of the
senate, and one member from the minority party of the house of representatives.
(e)
Members serve four-year terms and shall be initially appointed according to the
following schedule of terms:
(1)
two public members appointed by the governor for a term ending the first Monday
in January 2011;
(2)
one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in
January 2011;
(3)
one public member appointed by the speaker of the house for a term ending the
first Monday in January 2011;
(4)
two public members appointed by the governor for a term ending the first Monday
in January 2013;
(5)
one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in
January 2013;
(6)
one public member appointed by the speaker of the house for a term ending the
first Monday in January 2013; and
(7)
two members of the senate appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration for a term ending the first Monday in
January 2013, and two members of the house of representatives appointed by the
speaker of the house for a term ending the first Monday in January 2013.
(f)
Compensation and removal of public members are as provided in section
15.0575. A vacancy on the council may
be filled by the appointing authority for the remainder of the unexpired term.
(g)
The first meeting of the council shall be convened by the chair of the
Legislative Coordinating Commission no later than December 1, 2008. Members shall elect a chair, vice chair,
secretary, and other officers as determined by the council. The chair may convene meetings as necessary
to conduct the duties prescribed by this section.
(h)
The Department of Natural Resources shall provide administrative support for
the council. Up to one percent of the
money appropriated from the fund may be used to cover the staffing and related
administrative expenses of the department and to cover the compensation and
travel expenses of council members.
Subd.
3. Council
recommendations. (a) The
council shall make recommendations to the legislature on appropriations of
money from the outdoor heritage fund that are consistent with the Constitution
and state law and that take into consideration the outcomes of, including, but
not limited to, the Minnesota Conservation and Preservation Plan, that directly
relate to the restoration, protection, and enhancement of wetlands, prairies,
forests, and habitat for fish, game, and wildlife, and that prevent forest
fragmentation, encourage forest consolidation, and expand restored native
prairie. The council shall submit its
initial recommendations to the legislature no later than April 1, 2009. Subsequent recommendations shall be
submitted no later than January 15 each year. The council shall present its recommendations to the senate and
house committees with jurisdiction over the environment and natural resources
budget by February 15 in odd numbered years, and within the first four weeks of
the legislative session in even numbered years. The council's budget recommendations to the legislature shall be
separate from the Department of Natural Resource's budget recommendations.
(b)
To encourage and support local conservation efforts, the council shall
establish a conservation partners program.
Local, regional, state, or national organizations may apply for matching
grants for restoration, protection, and enhancement of wetlands, prairies,
forests, and habitat for fish, game, and wildlife, prevention of forest
fragmentation, encouragement of forest consolidation, and expansion of restored
native prairie.
(c)
The council may work with the Clean Water Council to identify projects that are
consistent with both the purpose of the outdoor heritage fund and the purpose
of the clean water fund.
(d)
The council may make recommendations to the Legislative-Citizen Commission on
Minnesota Resources on scientific research that will assist in restoring,
protecting, and enhancing wetlands, prairies, forests, and habitat for fish,
game, and wildlife, preventing forest fragmentation, encouraging forest
consolidation, and expanding restored native prairie.
(e)
Recommendations of the council, including approval of recommendations for the
outdoor heritage fund, require an affirmative vote of at least nine members of
the council.
Subd.
4. Conflict
of interest. (a) A council
member may not be an advocate for or against a council action or vote on any
action that may be a conflict of interest.
A conflict of interest must be disclosed as soon as it is
discovered. The council shall follow
the policies and requirements related to conflicts of interest developed by the
Office of Grants Management under section 16B.98.
(b)
For the purposes of this section, a "conflict of interest" exists
when a person has an organizational conflict of interest or direct financial
interests and those interests present the appearance that it will be difficult
for the person to impartially fulfill the person's duty. An "organizational conflict of
interest" exists when a person has an affiliation with an organization
that is subject to council activities, which presents the appearance of a
conflict between organizational interests and council member duties. An "organizational conflict of
interest" does not exist if the person's only affiliation with an
organization is being a member of the organization.
Subd.
5. Open
meetings. (a) Meetings of
the council and other groups the council may establish are subject to chapter
13D. Except where prohibited by law,
the council shall establish additional processes to broaden public involvement
in all aspects of its deliberations, including recording meetings, video
conferencing, and publishing minutes.
For the purposes of this subdivision, a meeting occurs when a quorum is
present and the members receive information or take action on any matter
relating to the duties of the council.
The quorum requirement for the council shall be seven members.
(b)
For legislative members of the council, enforcement of this subdivision is governed
by section 3.055, subdivision 2. For
nonlegislative members of the council, enforcement of this subdivision is
governed by section 13D.06, subdivisions 1 and 2.
Subd.
6. Audit. The council shall select an independent
auditor to audit the outdoor heritage fund expenditures every two years to
ensure that the money is spent to restore, protect, and enhance wetlands,
prairies, forests, and habitat for fish, game, and wildlife.
Subd.
7. Legislative
oversight. (a) The senate
and house chairs of the committees with jurisdiction over the environment and
natural resources budget shall convene a joint hearing to review the activities
and evaluate the effectiveness of the council and evaluate the effectiveness
and efficiency of the department's administration and staffing of the council
after five years but no later than June 30, 2014.
(b)
By January 15, 2013, a professional outside review authority shall be chosen by
the chairs of the house of representatives and senate committees with
jurisdiction over environment and natural resources to evaluate the
effectiveness and efficiency of the department's administration and staffing of
the council. A report shall be
submitted to the chairs by January 15, 2014.
EFFECTIVE DATE. This section is effective November 15, 2008, if the
constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the
voters.
Sec.
15. Minnesota Statutes 2006, section
97A.075, subdivision 1, is amended to read:
Subdivision
1. Deer,
bear, and lifetime licenses. (a)
For purposes of this subdivision, "deer license" means a license
issued under section 97A.475, subdivisions 2, clauses (4), (5), (9), (11),
(13), and (14) (5), (6), (7), (11), (13), (15), (16), and (17), and
3, clauses (2), (3), and (7) (2), (3), (4), (9), (11), (12), and (13),
and licenses issued under section 97B.301, subdivision 4.
(b) $2
from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued
under section 97A.473, subdivision 4, shall be credited to the deer management
account and shall be used for deer habitat improvement or deer management
programs.
(c) $1
from each annual deer license and each bear license and $1 annually from the
lifetime fish and wildlife trust fund, established in section 97A.4742, for
each license issued under section 97A.473, subdivision 4, shall be credited to
the deer and bear management account and shall be used for deer and bear
management programs, including a computerized licensing system.
(d)
Fifty cents from each deer license is credited to the emergency deer feeding
and wild cervidae health management account and is appropriated for emergency
deer feeding and wild cervidae health management. Money appropriated for emergency deer feeding and wild cervidae
health management is available until expended.
When the unencumbered balance in the appropriation for emergency deer
feeding and wild cervidae health management at the end of a fiscal year exceeds
$2,500,000 for the first time, $750,000 is canceled to the unappropriated
balance of the game and fish fund. The
commissioner must inform the legislative chairs of the natural resources
finance committees every two years on how the money for emergency deer feeding
and wild cervidae health management has been spent.
Thereafter,
when the unencumbered balance in the appropriation for emergency deer feeding
and wild cervidae health management exceeds $2,500,000 at the end of a fiscal
year, the unencumbered balance in excess of $2,500,000 is canceled and
available for deer and bear management programs and computerized licensing.
Sec.
16. Minnesota Statutes 2006, section
97A.075, subdivision 4, is amended to read:
Subd.
4. Pheasant
stamp. (a) Ninety percent of the
revenue from pheasant stamps must be credited to the pheasant habitat
improvement account. Money in the
account may be used only for:
(1)
the development, restoration, and maintenance of suitable habitat for
ringnecked pheasants on public and private land including the establishment of
nesting cover, winter cover, and reliable food sources;
(2)
reimbursement of landowners for setting aside lands for pheasant habitat;
(3)
reimbursement of expenditures to provide pheasant habitat on public and private
land;
(4)
the promotion of pheasant habitat development and maintenance, including
promotion and evaluation of government farm program benefits for pheasant
habitat; and
(5)
the acquisition of lands suitable for pheasant habitat management and public
hunting.
(b)
Money in the account may not be used for:
(1)
costs unless they are directly related to a specific parcel of land under
paragraph (a), clause (1), (3), or (5), or to specific promotional or
evaluative activities under paragraph (a), clause (4); or
(2)
any personnel costs, except that prior to July 1, 2009 2019,
personnel may be hired to provide technical and promotional assistance for
private landowners to implement conservation provisions of state and federal
programs.
Sec.
17. Minnesota Statutes 2006, section
97A.075, subdivision 5, is amended to read:
Subd.
5. Turkey
stamps account. (a) Ninety
percent of the revenue from turkey stamps $4.50 from each turkey license
sold must be credited to the wild turkey management account. Money in the account may be used only for:
(1)
the development, restoration, and maintenance of suitable habitat for wild
turkeys on public and private land including forest stand improvement and
establishment of nesting cover, winter roost area, and reliable food sources;
(2)
acquisitions of, or easements on, critical wild turkey habitat;
(3)
reimbursement of expenditures to provide wild turkey habitat on public and
private land;
(4)
trapping and transplantation of wild turkeys; and
(5)
the promotion of turkey habitat development and maintenance, population surveys
and monitoring, and research.
(b)
Money in the account may not be used for:
(1)
costs unless they are directly related to a specific parcel of land under
paragraph (a), clauses (1) to (3), a specific trap and transplant project under
paragraph (a), clause (4), or to specific promotional or evaluative activities
under paragraph (a), clause (5); or
(2)
any permanent personnel costs.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
18. Minnesota Statutes 2006, section
97A.075, is amended by adding a subdivision to read:
Subd.
6. Walleye
stamp. (a) Revenue from
walleye stamps must be credited to the walleye stamp account. Money in the account must be used only for
stocking walleye in waters of the state and related activities.
(b)
Money in the account may not be used for costs unless they are directly related
to a specific body of water under paragraph (a), or for costs associated with
supplies and equipment to implement walleye stocking activities under paragraph
(a).
EFFECTIVE DATE. This section is effective on March 1, 2009.
Sec.
19. Minnesota Statutes 2006, section
97A.311, subdivision 5, is amended to read:
Subd.
5. Refunds. (a) The commissioner may issue a refund on a
license, not including any issuing fees paid under section 97A.485, subdivision
6, if:
(1)
the licensee dies before the opening of the licensed season. The original license and a copy of the death
certificate must be provided to the commissioner; or
(2)
the licensee is unable to participate in the licensed activity because the
licensee is called to active military duty or military leave is canceled during
the entire open season of the licensed activity. The original license and a copy of the military orders or notice
of cancellation of leave must be provided to the commissioner; or
(3)
the licensee purchased two licenses for the same license season in error.
(b)
This subdivision does not apply to lifetime licenses.
Sec.
20. Minnesota Statutes 2007 Supplement,
section 97A.405, subdivision 2, is amended to read:
Subd.
2. Personal
possession. (a) A person acting
under a license or traveling from an area where a licensed activity was
performed must have in personal possession either: (1) the proper license, if
the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation, if the license has been sold
to the person by electronic means but the actual license has not been issued
and received.
(b) If
possession of a license or a license identification number is required, a
person must exhibit, as requested by a conservation officer or peace officer,
either: (1) the proper license if the license has been issued to and received
by the person; or (2) the proper license identification number or stamp
validation and a valid state driver's license, state identification card, or
other form of identification provided by the commissioner, if the license has
been sold to the person by electronic means but the actual license has not been
issued and received. A person charged
with violating the license possession requirement shall not be convicted if the
person produces in court or the office of the arresting officer, the actual
license previously issued to that person, which was valid at the time of
arrest, or satisfactory proof that at the time of the arrest the person was
validly licensed. Upon request of a
conservation officer or peace officer, a licensee shall write the licensee's
name in the presence of the officer to determine the identity of the licensee.
(c) If
the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the
license identification number or stamp validation, does not entitle a licensee
to exercise the rights or privileges conferred by a license.
(d) A
license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license. A pictorial turkey, migratory
waterfowl, pheasant, or trout and salmon, or walleye stamp shall
be provided to the licensee after purchase of a stamp validation only if the
licensee pays an additional $2 fee. A
pictorial turkey stamp may be purchased for a $2 fee.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
21. Minnesota Statutes 2006, section
97A.431, subdivision 2, is amended to read:
Subd.
2. Eligibility. Persons eligible for a moose license shall
be determined under this section and commissioner's rule. A person is eligible for a moose license
only if the person:
(1) is
a resident; and
(2)
is at least age 16 before the season opens; and
(3) (2) has not been issued a moose
license for any of the last five seasons or after January 1, 1991.
Sec.
22. Minnesota Statutes 2006, section
97A.433, subdivision 2, is amended to read:
Subd.
2. Eligibility. Persons eligible for an elk license shall be
determined under this section and commissioner's rule. A person is eligible for an elk license only
if the person:
(1) is
a resident; and
(2)
is at least age 16 before the season opens; and
(3) (2) has never been issued an
elk license.
Sec.
23. Minnesota Statutes 2006, section
97A.434, subdivision 2, is amended to read:
Subd.
2. Eligibility. Eligibility for a prairie chicken license
shall be determined by this section and by rule adopted by the
commissioner. A person is eligible for
a prairie chicken license only if the person:
(1) is a resident; and
(2)
was born before January 1, 1980, or possesses a firearms safety certificate.
Sec.
24. Minnesota Statutes 2007 Supplement,
section 97A.441, subdivision 7, is amended to read:
Subd.
7. Owners
or tenants of agricultural land.
(a) The commissioner may issue, without a fee, a license to take an antlerless
deer to a person resident who is an owner or tenant, or a
nonresident who is an owner, of at least 80 acres of agricultural land, as
defined in section 97B.001, in deer permit areas that have deer archery
licenses to take additional deer under section 97B.301, subdivision 4. A person may receive only one license per
year under this subdivision. For
properties with co-owners or cotenants, only one co-owner or cotenant may
receive a license under this subdivision per year. The license issued under this subdivision is restricted to land
leased for agricultural purposes or owned by the holder of the license within
the permit area where the qualifying land is located. The holder of the license may transfer the license to the
holder's spouse or dependent.
Notwithstanding sections 97A.415, subdivision 1, and 97B.301,
subdivision 2, the holder of the license may purchase an additional license for
taking deer and may take an additional deer under that license.
(b) A
person who obtains a license under paragraph (a) must allow public deer hunting
on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license
issued under section 97A.475, subdivision 2, clauses (4) and (13).
Sec.
25. Minnesota Statutes 2007 Supplement,
section 97A.451, subdivision 3, is amended to read:
Subd.
3. Residents
under age 16; small game. (a) A
resident under age 16 may not must obtain a small game license but
may in order to take small game by firearms or bow and arrow without
a license paying the applicable fees under section 97A.475,
subdivisions 2, 4, and 5, if the resident is:
(1)
age 14 or 15 and possesses a firearms safety certificate;
(2)
age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian;
(3)
age 13, 14, or 15, possesses an apprentice hunter validation, and is
accompanied by a parent or guardian who possesses a small game license that was
not obtained using an apprentice hunter validation; or
(4)
age 12 or under and is accompanied by a parent or guardian.
(b) A
resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping
license. A resident under age 13 may
trap without a trapping license, but may not register fisher, otter, bobcat, or
pine marten unless the resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
under age five must be included in the limit of the accompanying parent or
guardian.
(c) A
resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.
(d)
A resident under age 12 may apply for a prairie chicken license and may take a
prairie chicken without a firearms safety certificate if the resident is
accompanied by an adult parent or guardian who has a firearms safety
certificate.
EFFECTIVE DATE. The amendments to paragraph (a) are effective March 1, 2009.
Sec.
26. Minnesota Statutes 2006, section
97A.451, subdivision 4, is amended to read:
Subd.
4. Persons
under age 16; big game. (a) A
person under the age of 16 12, 13, 14, or 15 may not
obtain a license to take big game unless the person possesses a firearms safety
certificate. A person under the
age of 14 12 or 13 must be accompanied by a parent or guardian to
hunt big game.
(b)
A person age 10 or 11 may take big game provided the person is under the direct
supervision of a parent or guardian where the parent or guardian is within
immediate reach. Until March 1, 2009, a
person age 10 or 11 may take big game under a parent or guardian's license. Beginning March 1, 2009, a person age 10 or
11 must obtain a license in order to take big game and may obtain the license
without paying the fee required under section 97A.475, subdivision 2.
Sec.
27. Minnesota Statutes 2006, section
97A.473, subdivision 2, is amended to read:
Subd.
2. Lifetime
angling license; fee. (a) A
resident lifetime angling license authorizes a person to take fish by angling
in the state. The license authorizes
those activities authorized by the annual resident angling license. The license does not include a trout and
salmon stamp validation, a walleye stamp validation, or other stamps
required by law.
(b)
The fees for a resident lifetime angling license are:
(1)
age 3 and under, $227;
(2)
age 4 to age 15, $300;
(3)
age 16 to age 50, $383; and
(4)
age 51 and over, $203.
Sec.
28. Minnesota Statutes 2007 Supplement,
section 97A.473, subdivision 5, is amended to read:
Subd.
5. Lifetime
sporting license; fee. (a) A
resident lifetime sporting license authorizes a person to take fish by angling
and hunt and trap small game in the state.
The license authorizes those activities authorized by the annual
resident angling, resident small game hunting, and resident trapping
licenses. The license does not include
a trout and salmon stamp validation, a turkey stamp validation, a walleye
stamp validation, or any other hunting stamps required by law.
(b)
The fees for a resident lifetime sporting license are:
(1)
age 3 and under, $357;
(2)
age 4 to age 15, $480;
(3)
age 16 to age 50, $613; and
(4)
age 51 and over, $413.
Sec. 29. Minnesota Statutes 2006, section 97A.474,
subdivision 2, is amended to read:
Subd.
2. Nonresident
lifetime angling license; fee. (a)
A nonresident lifetime angling license authorizes a person to take fish by
angling in the state. The license
authorizes those activities authorized by the annual nonresident angling
license. The license does not include a
trout and salmon stamp validation, a walleye stamp validation, or other
stamps required by law.
(b)
The fees for a nonresident lifetime angling license are:
(1)
age 3 and under, $447;
(2)
age 4 to age 15, $600;
(3)
age 16 to age 50, $773; and
(4)
age 51 and over, $513.
Sec.
30. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 2, is amended to read:
Subd.
2. Resident
hunting. Fees for the following
licenses, to be issued to residents only, are:
(1)
for persons age 18 or over and under age 65 to take small game, $12.50;
(2)
for persons ages 16 and 17 and age 65 or over, $6 to take small game;
(3) for
persons age 18 or over to take turkey, $18 $23;
(4)
for persons under age 18 to take turkey, $12;
(4) (5) for persons age 18 or over
to take deer with firearms during the regular firearms season, $26;
(5) (6) for persons age 18 or over
to take deer by archery, $26;
(7)
for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $26;
(6) (8) to take moose, for a party
of not more than six persons, $310;
(7) (9) to take bear, $38;
(8) (10) to take elk, for a party of
not more than two persons, $250;
(9) (11) multizone license to take
antlered deer in more than one zone, $52;
(10) (12) to take Canada geese during
a special season, $4;
(11) (13) all season license to take
three deer throughout the state in any open deer season, except as restricted under
section 97B.305, $78;
(12) (14) to take prairie chickens,
$20;
(13) (15) for persons at least age
12 and under age 18 to take deer with firearms during the regular firearms
season in any open zone or time period, $13; and
(14) (16) for persons at least age
12 and under age 18 to take deer by archery, $13; and
(17)
for persons under age 18 to take deer by muzzleloader during the muzzleloader
season, $13.
EFFECTIVE DATE. The amendments to clauses (3) and (4) are effective March 1,
2009.
Sec.
31. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 3, is amended to read:
Subd.
3. Nonresident
hunting. (a) Fees for the following
licenses, to be issued to nonresidents, are:
(1)
for persons age 18 and older or over to take small game, $73;
(2)
for persons age 18 and older or over to take deer with firearms
during the regular firearms season, $135;
(3)
for persons age 18 and older to take deer by archery, $135;
(4)
for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $135;
(4) (5) to take bear, $195;
(5) (6) for persons age 18 and
older to
take turkey, $73 $78;
(7)
for persons under age 18 to take turkey, $12;
(6) (8) to take raccoon or bobcat,
$155;
(7) (9) multizone license to take
antlered deer in more than one zone, $270;
(8) (10) to take Canada geese during
a special season, $4;
(9) (11) for persons at least age
12 and under age 18 to take deer with firearms during the regular firearms
season in any open zone season option or time period, $13; and
(10) (12) for persons at least age
12 and under age 18 to take deer by archery, $13; and
(13)
for persons under age 18 to take deer during the muzzleloader season, $13.
(b) A
$5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (7) (9). An additional commission may not be assessed on this surcharge.
EFFECTIVE DATE. The amendments to paragraph (a), clauses (6) and (7), are
effective March 1, 2009.
Sec.
32. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 3a, is amended to read:
Subd.
3a. Deer license surcharge. A
person may agree to add a donation of $1, $3, or $5 to the fees for annual
resident and nonresident licenses to take deer by firearms or archery
established under subdivisions 2, clauses (4), (5), (9), and (11)
(5), (6), (7), (11), and (13), and 3, clauses (2), (3), and (7)
(4), and (9). Beginning March 1,
2008, fees for bonus licenses to take deer by firearms or archery established
under section 97B.301, subdivision 4, must be increased by a surcharge of
$1. An additional commission may not be
assessed on the donation or surcharge and the following statement must be
included in the annual deer hunting regulations: "The deer license
donations and surcharges are being paid by hunters for deer management,
including assisting with the costs of processing deer donated for charitable
purposes."
Sec.
33. Minnesota Statutes 2006, section
97A.475, subdivision 5, is amended to read:
Subd.
5. Hunting
stamps. Fees for the following
stamps and stamp validations are:
(1)
migratory waterfowl stamp, $7.50; and
(2)
pheasant stamp, $7.50; and
(3)
turkey stamp validation, $5.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
34. Minnesota Statutes 2006, section 97A.475,
is amended by adding a subdivision to read:
Subd.
10a. Walleye
stamp validation. A person
may agree to purchase a walleye stamp validation for $5.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
35. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 16, is amended to read:
Subd.
16. Resident bear hunting guides outfitters. (a) The fee for a resident bear
hunting outfitter license to guide bear hunters is $82.50 and is
available only to a Minnesota resident individual.
(b)
The fee for a resident master bear hunting outfitter license is $165. The fee to add an additional person under
the license is $82.50 per person.
Sec.
36. Minnesota Statutes 2006, 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 stamp validation that is not issued simultaneously with a license,
an issuing fee of 50 cents may be charged at the discretion of the authorized
seller;
(5)
for stamps stamp validations issued simultaneously with a
license, there is no fee;
(6)
for licenses, seals, tags, or coupons issued without a fee under section 97A.441
or 97A.465, 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.
37. Minnesota Statutes 2006, section
97A.535, subdivision 1, is amended to read:
Subdivision
1. Tags
required. (a) A person may not
possess or transport deer, bear, elk, or moose taken in the state unless a tag
is attached to the carcass in a manner prescribed by the commissioner. The commissioner must prescribe the type of
tag that has the license number of the owner, the year of its issue, and other
information prescribed by the commissioner.
(b)
The tag and the license must be validated at the site of the kill as
prescribed by the commissioner.
(c)
Except as otherwise provided in this section, the tag must be attached to the
deer, bear, elk, or moose at the site of the kill before the animal is removed
from the site of the kill.
(d)
The tag must remain attached to the animal until the animal is processed for
storage.
(e) A
person may move a lawfully taken deer, bear, elk, or moose from the site of the
kill without attaching the validated tag to the animal only while in the act of
manually or mechanically dragging, carrying, or carting the animal across the
ground and while possessing the validated tag on their person. A motor vehicle may be used to drag the
animal across the ground. At all other
times, the validated tag must be attached to the deer, bear, elk, or moose:
(1) as
otherwise provided in this section; and
(2)
prior to the animal being placed onto and transported on a motor vehicle, being
hung from a tree or other structure or device, or being brought into a camp or
yard or other place of habitation.
Sec.
38. Minnesota Statutes 2006, 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 year the person 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 to take big game that will become be valid
when for hunting during the entire regular season for which the
license is valid if the person reaches will reach age 12
during that calendar year. 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.
39. Minnesota Statutes 2007 Supplement,
section 97B.031, subdivision 1, is amended to read:
Subdivision
1. Firearms
and ammunition that may be used to take big game. (a) A person may take big game with a firearm only if:
(1)
the rifle, shotgun, and handgun used is a caliber of at least .23 .22
inches and with centerfire ignition;
(2)
the firearm is loaded only with single projectile ammunition;
(3) a
projectile used is a caliber of at least .23 .22 inches and has a
soft point or is an expanding bullet type;
(4)
the ammunition has a case length of at least 1.285 inches;
(5) (4) the muzzle-loader
muzzleloader used is incapable of being loaded at the breech;
(6) (5) the smooth-bore muzzle-loader
muzzleloader used is a caliber of at least .45 inches; and
(7) (6) the rifled muzzle-loader
muzzleloader used is a caliber of at least .40 inches.
(b)
Notwithstanding paragraph (a), clause (4), a person may take big game with a
ten millimeter cartridge that is at least 0.95 inches in length, a .45
Winchester Magnum cartridge, a .50 A.
E. (Action Express) handgun cartridge, or a 56-46 Spencer, 56-50
Spencer, or 56-56 Spencer cartridge.
Sec.
40. Minnesota Statutes 2007 Supplement,
section 97B.035, subdivision 1a, is amended to read:
Subd.
1a. Minimum draw weight. A bow
used to take big game or turkey must have a pull that meets or exceeds
30 pounds at or before full draw.
Sec.
41. Minnesota Statutes 2007 Supplement,
section 97B.036, is amended to read:
97B.036 CROSSBOW HUNTING DURING FIREARMS DEER
SEASON.
Notwithstanding
section 97B.035, subdivisions 1 and 2, a person may take deer, bear, or
turkey by crossbow during the respective regular firearms deer
season seasons. The
transportation requirements of section 97B.051 apply to crossbows during the
regular firearms deer, bear, or turkey season. Crossbows must meet the requirements of section 97B.106,
subdivision 2. A person taking deer,
bear, or turkey by crossbow under this section must have a valid firearms deer
license to take the respective game.
Sec.
42. Minnesota Statutes 2006, section
97B.041, is amended to read:
97B.041 POSSESSION OF FIREARMS AND AMMUNITION
RESTRICTED IN DEER ZONES.
A
person may not possess a firearm or ammunition outdoors during the period
beginning the fifth day before the open firearms season and ending the second
day after the close of the season within an area where deer may be taken by a
firearm, except:
(1)
during the open season and in an area where big game may be taken, a firearm
and ammunition authorized for taking big game in that area may be used to take
big game in that area if the person has a valid big game license in possession;
(2) an
unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
(3) a
shotgun and shells containing No. 4 buckshot or smaller diameter lead shot or
steel shot;
(4) a
handgun or rifle and only short, long, and long rifle cartridges that are
caliber of .22 inches capable of firing only rimfire cartridges of .17
and .22 caliber, including .22 magnum caliber cartridges;
(5)
handguns possessed by a person authorized to carry a handgun under sections
624.714 and 624.715 for the purpose authorized; and
(6) on
a target range operated under a permit from the commissioner.
This
section does not apply during an open firearms season in an area where deer may
be taken only by muzzleloader, except that muzzleloading firearms lawful for
the taking of deer may be possessed only by persons with a valid license to
take deer by muzzleloader during that season.
EFFECTIVE DATE. This section is effective August 1, 2008.
Sec.
43. Minnesota Statutes 2006, section
97B.071, is amended to read:
97B.071 BLAZE ORANGE REQUIREMENTS.
(a)
Except as provided in rules adopted under paragraph (c), a person may not hunt
or trap during the open season where deer may be taken by firearms under
applicable laws and ordinances, unless the visible portion of the person's cap
and outer clothing above the waist, excluding sleeves and gloves, is blaze
orange. Blaze orange includes a
camouflage pattern of at least 50 percent blaze orange within each foot
square. This section does not apply to
migratory waterfowl hunters on waters of this state or in a stationary shooting
location or to trappers on waters of this state.
(b)
Except as provided in rules adopted under paragraph (c), and in addition to the
requirement in paragraph (a), a person may not take small game other than
turkey, migratory birds, raccoons, and predators, except when hunting with
nontoxic shot or while trapping, unless a visible portion of at least one
article of the person's clothing above the waist is blaze orange. This paragraph does not apply to a person
hunting by falconry.
(c)
The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of
1993, Public Law 103-141.
(d) A
violation of paragraph (b) shall not result in a penalty, but is punishable
only by a safety warning.
Sec.
44. Minnesota Statutes 2006, section
97B.106, subdivision 1, is amended to read:
Subdivision
1. Qualifications
for crossbow permits. (a) The
commissioner may issue a special permit, without a fee, to take big game, small
game, or rough fish with a crossbow to a person that is unable to hunt or take
rough fish by archery because of a permanent or temporary physical
disability. A crossbow permit issued
under this section also allows the permittee to use a bow with a mechanical
device that draws, releases, or holds the bow at full draw as provided in
section 97B.035, subdivision 1, paragraph (a).
(b) To
qualify for a crossbow permit under this section, a temporary disability must
render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made.
The permanent or temporary disability must be established by medical
evidence, and the inability to hunt or fish by archery for the required period
of time must be verified in writing by a licensed physician or
chiropractor. A person who has
received a special permit under this section because of a permanent disability
is eligible for subsequent special permits without providing medical evidence
and verification of the disability.
(c)
The person must obtain the appropriate license.
Sec.
45. Minnesota Statutes 2006, section
97B.211, subdivision 1, is amended to read:
Subdivision
1. Possession
of firearms prohibited. Except
when hunting bear, A person may not take big game deer by
archery while in possession of a firearm.
Sec.
46. Minnesota Statutes 2006, section
97B.301, subdivision 1, is amended to read:
Subdivision
1. Licenses
required. A person may not take
deer without a license. A person must
have a firearms deer license to take deer with firearms during the regular
firearms season, a muzzleloader license to take deer with a muzzleloader during
the muzzleloader season, and an archery deer license to take deer by
archery except as provided in this section.
Sec.
47. Minnesota Statutes 2006, section
97B.301, subdivision 2, is amended to read:
Subd.
2. Limit
of one deer. Except as provided
in subdivisions 3 and 4, A person may obtain one regular firearms
season deer license, one muzzleloader season deer license, and one
archery season deer license in the same license year, but may take
only not tag more than one deer except as provided in
subdivisions 3 and 4.
Sec.
48. Minnesota Statutes 2006, section
97B.301, subdivision 4, is amended to read:
Subd.
4. Taking
more than one deer. (a) The
commissioner may, by rule, allow a person to take more than one deer. The commissioner shall prescribe the
conditions for taking the additional deer including:
(1)
taking by firearm, muzzleloader, or archery;
(2)
obtaining additional licenses; and
(3) payment
of a fee not more than the fee for a firearms deer license; and
(4)
the total number of deer that an individual may take.
(b)
In Kittson, Lake of the Woods, Marshall, Pennington, and Roseau Counties, a
person may obtain one firearms deer license and one archery deer license in the
same license year, and may take one deer under each license. The commissioner may limit the use of this
provision in certain years to protect the deer population in the area.
Sec.
49. Minnesota Statutes 2006, section 97B.301,
subdivision 6, is amended to read:
Subd.
6. Residents
or nonresidents under age 18 may take deer of either sex. A resident or nonresident under the
age of 18 may take a deer of either sex except in those antlerless permit areas
and seasons where no antlerless permits are offered. In antlerless permit areas where no antlerless permits are
offered, the commissioner may provide a limited number of youth either sex
permits to residents or nonresidents under age 18, under the procedures
provided in section 97B.305, and may give preference to residents or
nonresidents under the age of 18 that have not previously been
selected. This subdivision does not
authorize the taking of an antlerless deer by another member of a party under
subdivision 3.
Sec. 50. Minnesota Statutes 2006, section 97B.301, is
amended by adding a subdivision to read:
Subd.
8. Sale
of multiple zone or multiple season licenses. If the commissioner adopts rules on deer zones, or seasons
that eliminate the need for purchasing an all season deer or multizone license,
then the commissioner is not required to offer all season deer or multizone
licenses for sale.
Sec.
51. Minnesota Statutes 2007 Supplement,
section 97B.328, is amended to read:
97B.328 BAITING PROHIBITED.
Subdivision
1. Hunting
with aid of bait or feed prohibited.
(a) A person may not hunt deer:
(1)
with the aid or use of bait or feed; or
(2) in
the vicinity of bait or feed if the person knows or has reason to know
that bait or feed is present; or.
(3)
in the vicinity of where the person has placed bait or caused bait to be placed
within the previous ten days.
(b)
This restriction does not apply to:
Subd.
2. Removal
of bait. An area is
considered baited for ten days after the complete removal of all bait or feed.
Subd.
3. Definition. For purposes of this section, "bait
or feed" includes grains, fruits, vegetables, nuts, hay, or other food
that is capable of attracting or enticing deer and that has been placed by a
person. Liquid scents, salt, minerals,
and bird feeders containing grains or nuts that are at least six feet above the
ground are not bait or feed.
(1) Food resulting from normal
or accepted farming, forest management, wildlife food plantings, orchard
management, or other similar land management activities; or is not
bait or feed.
Subd.
4. Exception
for bait or feed on adjacent land.
(2) A person otherwise in compliance with this section who is
hunting on the person's own private or public property, when
that is adjacent to property where bait or feed is present is not in
violation of this section if the person has not participated in, been
involved with, or agreed to baiting or feeding wildlife on the adjacent
land owned by another person property.
Sec.
52. Minnesota Statutes 2006, section 97B.401,
is amended to read:
97B.401 BEAR LICENSE REQUIRED.
A
person may not take bear without a bear license except as provided in section
97B.415 to protect property. A
person may not place bait for bears on or after the Friday nearest August 14
unless the person has a bear license or is operating under the direction of a
person with a valid bear license.
Sec.
53. Minnesota Statutes 2006, section
97B.405, is amended to read:
97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR
HUNTERS.
(a)
The
commissioner may limit the number of persons that may hunt bear in an area, if
it is necessary to prevent an overharvest or improve the distribution of
hunters. The commissioner may
establish, by rule, a method, including a drawing, to impartially select the
hunters for an area. The commissioner
shall give preference to hunters that have previously applied and have not been
selected.
(b)
In the case of a drawing, the commissioner shall allow a person to apply for a
permit in more than one area at the same time and rank the person's choice of
area.
Sec.
54. Minnesota Statutes 2006, section
97B.425, is amended to read:
97B.425 BAITING BEARS.
Notwithstanding
section 609.68, a person may place bait to take bear and must display a tag at
each site where bait is placed and register the sites. The commissioner shall prescribe the method
of tagging and registering the sites. The
tag displayed at each site where bait is placed must contain identification
information for a licensed bear hunter or a licensed bear outfitter. A person must have the license
identification number of the person with the bear license in their possession
or be a licensed bear outfitter while attending a bear bait station. To attract bear a person may not use a
bait with:
(1) a
carcass from a mammal, if the carcass contains more than 25 percent of the
intact carcass;
(2)
meat from mammals, if the meat contains bones;
(3)
bones of mammals;
(4)
solid waste containing bottles, cans, plastic, paper, or metal;
(5)
materials that are not readily biodegradable; or
(6)
any part of a swine, except cured pork.
Sec.
55. Minnesota Statutes 2006, section
97B.431, is amended to read:
97B.431 BEAR HUNTING GUIDES
OUTFITTERS.
(a)
A person
may not place bait for bear, or guide hunters to take bear, for compensation
without a bear hunting guide outfitter license. A bear hunting guide outfitter
is not required to have a license to take bear unless the guide
outfitter is attempting to shoot a bear.
The commissioner shall adopt rules for qualifications for issuance and
administration of the licenses.
(b)
The commissioner shall establish a resident master bear hunting outfitter
license under which one person serves as the bear hunting outfitter and one
other person is eligible to guide and bait bear. Additional persons may be added to the license and are eligible
to guide and bait bear under the license, provided the additional fee under
section 97A.475, subdivision 16, is paid for each person added. The commissioner shall adopt rules for
qualifications for issuance and administration of the licenses.
Sec.
56. Minnesota Statutes 2006, section
97B.621, subdivision 3, is amended to read:
Subd.
3. Nighttime
hunting restrictions. To take
raccoons between one-half hour after sunset and one-half hour before sunrise,
a person:
(1)
must be on foot;
(2)
may use an artificial light only if hunting with dogs;
(3) may
not use a rifle other than one of a .22 inch caliber with .22 short, long, or
long rifle, rimfire ammunition may use a handgun or rifle capable of
firing only rimfire cartridges of .17 or .22 caliber, including .22 magnum;
and
(4)
may not use shotgun shells with larger diameter of shot than No. 4 shot.
Sec.
57. Minnesota Statutes 2006, section
97B.711, subdivision 1, is amended to read:
Subdivision
1. Seasons
for certain upland game birds. (a)
The commissioner may, by rule, prescribe an open season in designated areas
between September 16 and January 3 for:
(1)
pheasant;
(2)
ruffed grouse;
(3)
sharp tailed grouse;
(4)
Canada spruce grouse;
(5)
prairie chicken;
(6)
gray partridge;
(7)
bob-white quail; and
(8)
turkey.
(b)
The commissioner may by rule prescribe an open season for turkey in the spring.
(c)
The commissioner shall allow a four-week fall season for turkey in the area
designated as turkey permit area 601 as of the 2008 season. All applicable local and state regulations
apply.
Sec.
58. Minnesota Statutes 2006, section
97B.721, is amended to read:
97B.721 LICENSE AND STAMP VALIDATION
REQUIRED TO TAKE TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.
(a)
Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person
may not take a turkey without possessing a turkey license and a turkey stamp
validation.
(b) The
requirement in paragraph (a) to have a turkey stamp validation does not apply
to persons under age 18. An
unlicensed adult age 18 or older may assist a licensed wild turkey hunter. The unlicensed adult may not shoot or
possess a firearm or bow while assisting a hunter under this paragraph and may
not charge a fee for the assistance.
(c)
The commissioner may by rule prescribe requirements for the tagging and
registration of turkeys.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
59. Minnesota Statutes 2006, section
97C.205, is amended to read:
97C.205 TRANSPORTING AND STOCKING FISH.
(a)
Except on the water body where taken, a person may not transport a live fish in
a quantity of water sufficient to keep the fish alive, unless the fish:
(1) is
being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;
(2) is
being transported for a fishing contest weigh-in under section 97C.081;
(3) is
a minnow being transported under section 97C.505 or 97C.515;
(4) is
being transported by a commercial fishing license holder under section 97C.821;
or
(5) is
being transported as otherwise authorized in this section.
(b)
The commissioner may adopt rules to allow and regulate:
(1)
the transportation of fish and fish eggs; and
(2)
the stocking of waters with fish or fish eggs.
(c)
The commissioner must allow the possession of fish on special management or
experimental waters to be prepared as a meal on the ice or on the shore of that
water body if the fish:
(1)
were lawfully taken;
(2)
have been packaged by a licensed fish packer; and
(3)
do not otherwise exceed the statewide possession limits.
(c) (d) The commissioner
shall prescribe rules designed to encourage local sporting organizations to
propagate game fish by using rearing ponds.
The rules must:
(1)
prescribe methods to acquire brood stock for the ponds by seining public
waters;
(2)
allow the sporting organizations to own and use seines and other necessary
equipment; and
(3)
prescribe methods for stocking the fish in public waters that give priority to
the needs of the community where the fish are reared and the desires of the
organization operating the rearing pond.
(d) (e) A person age 16
or under may, for purposes of display in a home aquarium, transport largemouth
bass, smallmouth bass, yellow perch, rock bass, black crappie, white crappie,
bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
and brown bullheads taken by angling.
No more than four of each species may be transported at any one time,
and any individual fish can be no longer than ten inches in total length.
Sec.
60. [97C.303] CONSERVATION ANGLING LICENSE.
Subdivision
1. Availability. The commissioner shall make available a
conservation angling license according to this section. Conservation angling licenses shall be
offered for resident individuals and resident married couples.
Subd.
2. Daily
and possession limits. Daily
and possession limits for fish taken under a conservation angling license are
one-half the daily and possession limits for the corresponding fish taken under
a standard angling license, rounded down to the next whole number if necessary.
Subd.
3. License
fee. The fee for a
conservation angling license issued under this section is two-thirds of the
corresponding standard angling license fee under section 97A.475, subdivision
6, rounded to the nearest whole dollar.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
61. Minnesota Statutes 2007 Supplement,
section 97C.355, subdivision 2, is amended to read:
Subd.
2. License
required. A person may not take
fish from leave a dark house or fish house that is left
unattended on the ice overnight at any time between midnight and one
hour before sunrise unless the house is licensed and has a license tag
attached to the exterior in a readily visible location, except as provided in
this subdivision. The commissioner must
issue a tag with a dark house or fish house license, marked with a number to
correspond with the license and the year of issue. A dark house or fish house license is not required of a resident
on boundary waters where the adjacent state does not charge a fee for the same
activity.
Sec.
62. Minnesota Statutes 2006, section
97C.355, subdivision 4, is amended to read:
Subd.
4. Distance
between houses. A person may not
erect a dark house or, fish house, or shelter within ten
feet of an existing dark house or, fish house, or shelter.
Sec.
63. Minnesota Statutes 2006, section
97C.355, subdivision 7, is amended to read:
Subd.
7. Dates
and times houses may remain on ice.
(a) Except as provided in paragraph (d), A shelter, including a
fish house or dark house, may not be on the ice unattended between 12:00
a.m. midnight and one hour before sunrise after the following
dates:
(1)
the last day of February first Monday in March, for state waters
south of a line starting at the Minnesota-North Dakota border and formed by
rights-of-way of U.S. Route No. 10, then east along U.S. Route No. 10 to Trunk
Highway No. 34, then east along Trunk Highway No. 34 to Trunk Highway No. 200,
then east along Trunk Highway No. 200 to U.S. Route No. 2, then east along U.S.
Route No. 2 to the Minnesota-Wisconsin border; and
(2)
the third Monday in March 15, for other state waters.
A
shelter, including a fish house or dark house, on the ice in violation of this
subdivision is subject to the enforcement provisions of paragraph (b). The commissioner may, by rule, change the
dates in this paragraph for any part of state waters. Copies of the rule must be conspicuously posted on the shores of
the waters as prescribed by the commissioner.
(b) A
conservation officer must confiscate a fish house, dark house, or shelter in
violation of paragraph (a). The officer
may remove, burn, or destroy the house or shelter. The officer shall seize the contents of the house or shelter and
hold them for 60 days. If the seized
articles have not been claimed by the owner, they may be retained for the use
of the division or sold at the highest price obtainable in a manner prescribed
by the commissioner.
(c)
When the last day of February, under paragraph (a), clause (1), or March 15,
under paragraph (a), clause (2), falls on a Saturday, a shelter, including a
fish house or dark house, may be on the ice between 12:00 a.m. and one hour
before sunrise until 12:00 a.m. the following Monday.
(d)
A person may have a shelter, including a fish house or dark house, on the ice
between 12:00 a.m. and one hour before sunrise on waters within the area
prescribed in paragraph (a), clause (2), but the house or shelter may not be
unattended during those hours.
Sec.
64. Minnesota Statutes 2006, section
97C.355, subdivision 7a, is amended to read:
Subd.
7a. Houses left overnight. A
fish house or, dark house, or shelter left on the ice
overnight must be marked with reflective material on each side of the house
structure. The reflective material
must measure a total area of no less than two square inches on each side of the
house structure. Violation
of this subdivision is not subject to subdivision 8 or section 97A.301.
Sec.
65. Minnesota Statutes 2007 Supplement,
section 97C.355, subdivision 8, is amended to read:
Subd.
8. Confiscation
of unlawful structures; civil penalty.
(a) Structures on the ice in violation of this section may be
confiscated and disposed of, retained by the division, or sold at the highest
price obtainable, in a manner prescribed by the commissioner.
(b) In
addition to other penalties provided by law, the owner of a structure left on
the ice in violation of this section is subject to a civil penalty under
section 115A.99.
(c)
This subdivision also applies to structures left on state public access sites
for more than 48 hours past the deadlines specified in subdivision 7.
Sec.
66. Minnesota Statutes 2006, section
97C.371, subdivision 4, is amended to read:
Subd.
4. Open
season. The open season for
spearing through the ice is December 1 November 15 to the last
Sunday in February.
Sec.
67. Minnesota Statutes 2006, 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 last Sunday in February;
(2)
for lake trout, from January 1 to October 31;
(3)
for the winter season for lake trout on all lakes, from January 15 to March 31;
(4) 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
(5)
for the winter season for brown trout, brook trout, rainbow trout, and splake
on all lakes, from January 15 to March 31; and
(4) (6) 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.
68. Minnesota Statutes 2006, section
97C.401, subdivision 2, is amended to read:
Subd.
2. Walleye;
northern pike. (a) Except as
provided in paragraph (b), a person may take have no more than
one walleye larger than 20 inches and one northern pike larger than 30 inches daily
in possession.
(b)
The restrictions in paragraph (a) do not apply to boundary waters.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
69. Minnesota Statutes 2006, section
97C.865, subdivision 2, is amended to read:
Subd.
2. Rules. The commissioner may adopt rules
establishing requirements for labeling and packing fish under a fish packer's
license. The commissioner shall
require only the license number of the fish packer, the name and license number
of the angler or person who lawfully possesses the fish, the name of the lake
on which the fish were caught, the species of fish, and the number of fish to
appear on a label. The commissioner
must not allow sauger to be labeled as walleye.
Sec.
70. Minnesota Statutes 2006, section
624.20, subdivision 1, is amended to read:
Subdivision
1. Regulation. (a) As used in sections 624.20 to 624.25,
the term "fireworks" means any substance or combination of substances
or article prepared for the purpose of producing a visible or an audible effect
by combustion, explosion, deflagration, or detonation, and includes blank
cartridges, toy cannons, and toy canes in which explosives are used, the type
of balloons which require fire underneath to propel them, firecrackers,
torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified
in paragraph (c), or other fireworks of like construction, and any fireworks
containing any explosive or inflammable compound, or any tablets or other
device containing any explosive substance and commonly used as fireworks.
(b)
The term "fireworks" shall not include toy pistols, toy guns, in
which paper caps containing 25/100 grains or less of explosive compound are
used and toy pistol caps which contain less than 20/100 grains of explosive
mixture.
(c)
The term also does not include wire or wood sparklers of not more than 100
grams of mixture per item, other sparkling items which are nonexplosive and
nonaerial and contain 75 grams or less of chemical mixture per tube or a total
of 200 500 grams or less for multiple tubes, snakes and glow
worms, smoke devices, or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, and drop pops, each consisting of not more
than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is
not permitted on public property. This
paragraph does not authorize the purchase of items listed in it by persons
younger than 18 years of age. The age
of a purchaser of items listed in this paragraph must be verified by
photographic identification.
(d) A
local unit of government may impose an annual license fee for the retail sale
of items authorized under paragraph (c).
The annual license fee of each retail seller that is in the business of
selling only the items authorized under paragraph (c) may not exceed $350, and
the annual license of each other retail seller may not exceed $100. A local unit of government may not:
(1)
impose any fee or charge, other than the fee authorized by this paragraph, on
the retail sale of items authorized under paragraph (c);
(2)
prohibit or restrict the display of items for permanent or temporary retail
sale authorized under paragraph (c) that comply with National Fire Protection
Association Standard 1124 (2003 edition); or
(3)
impose on a retail seller any financial guarantee requirements, including
bonding or insurance provisions, containing restrictions or conditions not
imposed on the same basis on all other business licensees.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
71. MASTER ANGLER PROPOSAL; APPROPRIATION.
(a)
By January 15, 2009, the commissioner of natural resources, after consultation
with the director of Explore Minnesota Tourism and interested stakeholders,
shall submit a proposal to improve, expand, and promote the master angler
program.
(b)
$10,000 in fiscal year 2009 from the game and fish fund is appropriated to the
commissioner of natural resources for development of the proposal in paragraph
(a).
Sec.
72. BEAR HUNTING PERMIT DRAWING; RULEMAKING.
The
commissioner of natural resources shall adopt rules to comply with the changes
made to Minnesota Statutes, section 97B.405.
The commissioner may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section 14.386, does not
apply except as provided in Minnesota Statutes, section 14.388.
Sec.
73. WILD TURKEY HUNTING MANAGEMENT RECOMMENDATIONS.
The
commissioner of natural resources, in consultation with the National Wild Turkey
Federation, shall, by January 15, 2009, provide the legislature with
recommendations for future management of hunting wild turkeys in Minnesota.
Sec.
74. RULES.
The
commissioner of natural resources shall adopt rules in compliance with the changes
to Minnesota Statutes, sections 97C.205 and 97C.865, subdivision 2. The rules required by this section are
exempt from the rulemaking provisions of Minnesota Statutes, chapter 14. The rules are subject to Minnesota Statutes,
section 14.386, except that notwithstanding Minnesota Statutes, section 14.386,
paragraph (b), the rules continue in effect until repealed or superseded by
other law or rule. As part of this
rulemaking, the commissioner shall:
(1)
amend Minnesota Rules, part 6262.3250, by deleting item A and amending the part
so that labels required under item D are consistent with the new requirements
in Minnesota Statutes, section 97C.865, subdivision 2; and
(2)
amend Minnesota Rules, part 6262.0100, to allow the possession of fish on
special management or experimental waters for a meal, as provided in Minnesota
Statutes, section 97C.205.
Sec.
75. DISABLED HUNTING REPORT.
By
January 1, 2009, the commissioner of natural resources shall report to the
chairs of the senate and house of representatives committees with jurisdiction
over the environment and natural resources on changes, including any statutory
changes, necessary to simplify the process for obtaining disabled hunting
permits and for landowners to allow hunts on their land for the disabled. The commissioner shall work with nonprofit
groups and other interested parties in simplifying the process.
Sec.
76. MINNESOTA MOOSE MANAGEMENT AND RESEARCH PLAN.
The
commissioner of natural resources shall consult with research scientists, wildlife
managers, tribal interests, other agencies with moose research and management
expertise, and other key stakeholder groups on the development of a moose
management and research plan for Minnesota.
The plan shall address moose populations and habitats, including, but
not limited to, the northwest Minnesota herd; likely causes of observed changes
and trends; moose habitat and hunting management; and monitoring, research, and
evaluation needs. The plan shall establish
future moose management and research goals and strategies within the context of
habitat and climate trends in Minnesota.
By January 15, 2009, the commissioner shall provide a progress report on
the plan to the senate and house of representatives committees with
jurisdiction over natural resource policy.
Sec.
77. WALLEYE STOCKING.
The
commissioner of natural resources shall stock 22,500,000 additional walleye fry
in calendar year 2009 and 22,500,000 additional walleye fry in calendar year
2010. This stocking shall be in a lake
where the commissioner is studying the effects of cormorant control and the
lack of natural reproduction of the walleye.
The commissioner of natural resources may stock the lake at the
commissioner's discretion in calendar year 2011.
Sec.
78. UNCASED FIREARMS REPORT.
(a)
The commissioner of natural resources shall submit a report funded by the game
and fish fund to the legislature by January 1, 2009, on uncased firearms for
the purposes of hunting, predator control, and trapping.
(b)
The report must comply with Minnesota Statutes, sections 3.195 and 3.197, and
be submitted to the chairs of the house and senate committees with jurisdiction
over the environment and natural resources.
The commissioner may include additional information that the
commissioner feels is important to this issue.
Sec.
79. COCK PHEASANT BAG LIMIT; RULEMAKING.
The
commissioner of natural resources shall amend Minnesota Rules, part 6234.0400,
subpart 2, to allow a person to take up to three cock pheasants per day and
nine in possession beginning on December 1, until the end of the pheasant
season. The commissioner may use the
good cause exemption under Minnesota Statutes, section 14.388, subdivision 1,
clause (3), to adopt the rule and Minnesota Statutes, section 14.386, does not
apply, except as provided under Minnesota Statutes, section 14.388.
Sec.
80. OUTDOOR EDUCATION WORKING GROUP.
(a)
The commissioner of natural resources shall coordinate a working group with the
commissioner of education to report recommendations to the legislature on the
teaching of outdoor education in grades 7 through 12.
(b)
Each commissioner shall designate members of the working group and shall
include at least one parent, one representative of higher education, one
outdoor educator, and one representative from a sportsman or wildlife
organization. The appointments and
designations must be completed by August 1, 2008.
(c)
The working group must report recommendations, proposed changes, sources of
funding, and draft legislation to the legislative committees with jurisdiction
over kindergarten through grade 12 education policy and finance, and
environment policy and environment finance by January 15, 2009. The working group expires June 30, 2009.
Sec.
81. APPROPRIATIONS.
(a)
$102,000 in fiscal year 2009 is appropriated from the game and fish fund to the
commissioner of natural resources for the development of aquaculture best
management practices. The base in
fiscal year 2010 is $150,000. The base
for fiscal year 2011 is $0.
(b)
$123,000 in fiscal year 2008 and $246,000 in fiscal year 2009 from the game and
fish fund are appropriated to the commissioner of natural resources to
implement fish virus surveillance, prepare infrastructure to handle possible
outbreaks, and implement control procedures for highest risk waters and fish
production operations. This is a
onetime appropriation. If an
appropriation for the same purpose is enacted in 2008 H. F. No. 1812, or another
bill, the comparable appropriation in that act is void.
(c)
$128,000 is appropriated in fiscal year 2009 from the game and fish fund for
walleye stocking. This is a onetime
appropriation.
Sec.
82. REPEALER.
Minnesota
Statutes 2006, section 97A.411, subdivision 2, and Minnesota Rules, parts
6232.0200, subpart 4; 6232.0300, subpart 4; and 6234.0100, subpart 4, are
repealed.
ARTICLE
3
LAKE
VERMILION STATE PARK
Section
1. Minnesota Statutes 2006, section
85.012, is amended by adding a subdivision to read:
Subd.
38a. Lake Vermilion State Park, St.
Louis County.
Sec.
2. LAKE
VERMILION STATE PARK.
Subdivision
1. Lake
Vermilion State Park. Lake
Vermilion State Park is established in St. Louis County.
Subd.
2. Management. All lands acquired for Lake Vermilion
State Park must be administered in the same manner as provided for other state
parks and must be perpetually dedicated for that use.
Subd.
3. Boundaries. The following described lands are located
within the boundaries of Lake Vermilion State Park:
(1)
Government Lots 4, 5, 6, 7, 8, 9, and the South Half of the Southeast Quarter,
all in Section 13, Township 62 North, Range 15 West;
(2)
Government Lots 6 and 8, Section 14, Township 62 North, Range 15 West;
(3)
Government Lots 1 and 7 and the Northeast Quarter of the Southeast Quarter, all
in Section 22, Township 62 North, Range 15 West;
(4)
Government Lots 1, 2, 3, 4, the Southeast Quarter of the Northeast Quarter, and
the South Half, all in Section 23, Township 62 North, Range 15 West;
(5)
all of Section 24, Township 62 North, Range 15 West;
(6)
all of Section 25, Township 62 North, Range 15 West;
(7)
all of Section 26, Township 62 North, Range 15 West, excepting therefrom all
that part of the Southeast Quarter of the Southwest Quarter lying South of the
south right-of-way line of State Highway 169 and also excepting therefrom the
East 845 feet of the Southwest Quarter of the Southwest Quarter lying South of
the south right-of-way line of State Highway 169;
(8)
the Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the
Southeast Quarter of Section 27, Township 62 North, Range 15 West;
(9)
the Southeast Quarter of the Northeast Quarter of Section 29, Township 62
North, Range 15 West, except that part lying South of the centerline of the
McKinley Park Road; and
(10)
Government Lots 1 and 2 and the East Half of the Northwest Quarter, Section 19,
Township 62 North, Range 14 West.
Subd.
4. Annual
payments. (a) Beginning in
fiscal year 2010, in lieu of the payment amount provided under Minnesota
Statutes, section 477A.12, subdivision 1, clause (1), the county shall receive
an annual payment for land acquired for Lake Vermilion State Park equal to 1.5
percent of the appraised value of the land.
(b)
For the purposes of this subdivision, the appraised value of the land acquired
for Lake Vermilion State Park for the first five years after acquisition shall
be the purchase price of the land, plus the value of any portion of the land
that is acquired by donation. The
appraised value must be redetermined by the county assessor every five years after
the land is acquired.
(c)
The annual payments under this subdivision shall be distributed to the taxing
jurisdictions containing the property as follows: one-third to the school
districts; one-third to the town; and one-third to the county. The payment to school districts is not a
county apportionment under section 127A.34 and is not subject to aid
recapture. Each of those taxing
jurisdictions may use the payments for their general purposes.
(d)
Except as provided in this subdivision, the payments shall be made as provided
in Minnesota Statutes, sections 477A.11 to 477A.13.
(e)
Article 2, section 11, of 2008 H. F. No. 3149, if enacted, is repealed.
Sec.
3. EFFECTIVE DATE.
Sections
1 and 2 are effective upon acquisition by the state by purchase or by gift of
all lands described in section 2, subdivision 3."
Delete
the title and insert:
"A
bill for an act relating to natural resources; modifying provisions for sale of
surplus state land; creating a Minnesota forests for the future program; providing
for alternative recording of state forest roads; providing for certain wetland
banking credits; modifying provisions related to aquatic farms; providing for
expedited exchanges of public land; providing for consultation on certain
unallotments; adding to and deleting from state parks, recreation areas, and
forests; providing for public and private sales, conveyances, leases, and
exchanges of certain state land; modifying Minnesota critical habitat private
sector matching account; modifying timber permit provisions; modifying outdoor
recreation system; modifying authority to convey private easements on
tax-forfeited land; authorizing certain leases of tax-forfeited and other state
lands; modifying invasive species provisions; authorizing certain fees; modifying
horse trail pass requirements; modifying disposition of pheasant habitat
improvement account; modifying wild turkey management account; providing for a
voluntary walleye stamp; modifying hunting and fishing licensing and taking
provisions; modifying fireworks regulation; establishing the Lessard Outdoor
Heritage Council; requiring reports; providing for rulemaking; establishing
Lake Vermilion State Park; appropriating money; amending Minnesota Statutes
2006, sections 16B.281, subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287,
subdivision 2; 17.4981; 84.027, subdivision 15; 84.943, subdivision 5; 84D.10,
subdivision 2; 84D.13, subdivision 4; 85.012, by adding a subdivision; 85.46,
subdivision 1; 86A.04; 86A.08, subdivision 1; 89.715; 90.151, subdivision 1;
97A.015, subdivisions 32a, 41a, by adding a subdivision; 97A.045, subdivision
7; 97A.055, subdivision 4b; 97A.075, subdivisions 1, 4, 5, by adding a
subdivision; 97A.311, subdivision 5; 97A.431, subdivision 2; 97A.433,
subdivision 2; 97A.434, subdivision 2; 97A.451, subdivision 4; 97A.473,
subdivision 2; 97A.474, subdivision 2; 97A.475, subdivision 5, by adding a
subdivision; 97A.485, subdivision 6; 97A.535, subdivision 1; 97B.015,
subdivision 5; 97B.041; 97B.071; 97B.106, subdivision 1; 97B.211, subdivision
1; 97B.301, subdivisions 1, 2, 4, 6, by adding a subdivision; 97B.401; 97B.405;
97B.425; 97B.431; 97B.621, subdivision 3; 97B.711, subdivision 1; 97B.721;
97C.205; 97C.355, subdivisions 4, 7, 7a; 97C.371, subdivision 4; 97C.395,
subdivision 1; 97C.401, subdivision 2; 97C.865, subdivision 2; 282.04,
subdivision 4a; 325D.55, subdivision 1; 624.20, subdivision 1; Minnesota
Statutes 2007 Supplement, sections 10A.01, subdivision 35; 17.4984, subdivision
1; 97A.055, subdivision 4; 97A.405, subdivision 2; 97A.441, subdivision 7;
97A.451,
subdivision
3; 97A.473, subdivision 5; 97A.475, subdivisions 2, 3, 3a, 16; 97B.031,
subdivision 1; 97B.035, subdivision 1a; 97B.036; 97B.328; 97C.355, subdivisions
2, 8; Laws 2005, chapter 161, section 25; Laws 2006, chapter 236, article 1,
section 43; proposing coding for new law in Minnesota Statutes, chapters 84;
94; 97A; 97C; 103G; repealing Minnesota Statutes 2006, sections 16B.281,
subdivisions 2, 4, 5; 16B.285; 97A.411, subdivision 2; Minnesota Rules, parts
6232.0200, subpart 4; 6232.0300, subpart 4; 6234.0100, subpart 4."
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Satveer S. Chaudhary, Ellen R. Anderson, Tom
Saxhaug, Dennis R. Frederickson and Steve Dille.
House Conferees: David Dill, Jean Wagenius, Cy Thao, Frank Moe
and Denny McNamara.
Dill moved that the report of the Conference Committee on
S. F. No. 2651 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
S. F. No. 2651, A bill for an act relating to natural
resources; modifying provisions for sale of surplus state land; creating a
Minnesota forests for the future program; establishing a revolving account;
providing for alternative recording of state forest roads; providing for
certain wetland banking credits; modifying provisions related to aquatic farms;
providing for expedited exchanges of public land; providing for consultation on
certain unallotments; providing for viral hemorrhagic septicemia and wildlife
disease control; providing for a voluntary walleye stamp; creating the
Lessard-Heritage Enhancement Council; modifying hunting and fishing licensing
and taking provisions; modifying certain fund and account provisions; modifying
outdoor recreation system provisions; adding to and deleting from state parks,
recreation areas, and forests; providing for public and private sales,
conveyances, leases, and exchanges of certain state land; requiring reports and
studies; appropriating money; amending Minnesota Statutes 2006, sections
16B.281, subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 2;
17.4985, subdivisions 2, 3, 5; 17.4986, subdivisions 1, 2, 4; 17.4987; 17.4988,
subdivision 3; 17.4992, subdivision 2; 17.4993; 84.943, subdivision 5; 84D.03,
subdivision 4; 86A.04; 86A.08, subdivision 1; 89.715; 97A.015, subdivisions
32a, 41a, by adding subdivisions; 97A.045, subdivisions 7, 11; 97A.055,
subdivision 4b; 97A.075, subdivisions 4, 5, by adding a subdivision; 97A.311,
subdivision 5; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434,
subdivision 2; 97A.473, subdivision 2; 97A.474, subdivision 2; 97A.475,
subdivision 5, by adding a subdivision; 97A.485, subdivision 6; 97A.535,
subdivision 1; 97B.015, subdivision 5; 97B.041; 97B.071; 97B.081; 97B.106,
subdivision 1; 97B.211, subdivision 1; 97B.301, subdivisions 1, 2, 4, 6;
97B.621, subdivision 3; 97B.721; 97C.203; 97C.205; 97C.341; 97C.355,
subdivisions 4, 7a; 97C.401, subdivision 2; 97C.505, subdivision 1; 97C.515,
subdivisions 2, 4, 5; 97C.821; 325D.55, subdivision 1; Minnesota Statutes 2007
Supplement, sections 17.4984, subdivision 1; 97A.055, subdivision 4; 97A.405,
subdivisions 2, 4; 97A.441, subdivision 7; 97A.451, subdivision 3; 97A.473,
subdivision 5; 97A.475, subdivisions 2, 3; 97B.031, subdivision 1; 97B.036;
97B.328; 97C.355, subdivision 8; Laws 2005, chapter 161, section 25; Laws 2006,
chapter 236, article 1, section 43; proposing coding for new law in Minnesota
Statutes, chapters 84; 94; 97A; 97B; 97C; 103G; repealing Minnesota Statutes 2006,
sections 16B.281, subdivisions 2, 4, 5; 16B.285; 97A.411, subdivision 2;
97C.515, subdivision 3; Minnesota Statutes 2007 Supplement, section 97B.301,
subdivision 7; Minnesota Rules, parts 6232.0200, subpart 4; 6232.0300, subpart
4.
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 122 yeas
and 11 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hausman
Haws
Heidgerken
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Johnson
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lesch
Lieder
Lillie
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Bly
Hansen
Hilstrom
Huntley
Juhnke
Kahn
Lenczewski
Liebling
Loeffler
Olson
Rukavina
The bill was repassed, as amended by Conference, and its title
agreed to.
Madam Speaker:
I hereby announce the adoption by the Senate of the following
Senate Concurrent Resolution, herewith transmitted:
Senate Concurrent Resolution No. 11, A Senate concurrent
resolution relating to the delivery of bills to the Governor after final
adjournment.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
SUSPENSION
OF RULES
Sertich moved that the rules be so far suspended that Senate
Concurrent Resolution No. 11 be now considered and be placed upon its
adoption. The motion prevailed.
SENATE
CONCURRENT RESOLUTION NO. 11
A Senate concurrent resolution relating to the delivery of
bills to the Governor after final adjournment.
Whereas, the Minnesota Constitution, Article IV, Section
23, authorizes the presentation to the Governor after sine die adjournment of
bills that passed in the last three days of the Session; Now, Therefore,
Be It Resolved, by the Senate of the State of Minnesota, the House
of Representatives concurring, that upon adjournment sine die of the 85th
regular session of the Legislature, bills must be presented to the Governor as
follows:
(a) The Speaker of the House of Representatives, the Chief
Clerk of the House of Representatives, the President of the Senate, and the
Secretary of the Senate shall certify and sign each bill in the same manner and
upon the same certification as each bill is signed for presentation to the
Governor before adjournment sine die, and each of those officers shall continue
in their designated capacity during the three days following the date of final
adjournment.
(b) The Chief Clerk of the House of Representatives and the
Secretary of the Senate, in accordance with the rules of the respective bodies
and under the supervision and direction of the standing Committee on Rules and
Legislative Administration and the standing Committee on Rules and
Administration, shall carefully enroll each bill and present it to the Governor
in the same manner as each bill is enrolled and presented to the Governor
before adjournment of the Legislature sine die.
(c) The Revisor of Statutes shall continue to assist in all of
the functions relating to enrollment of bills of the House of Representatives
and of the Senate under the supervision of the Chief Clerk of the House of
Representatives and the Secretary of the Senate in the same manner that the
assistance was rendered before adjournment of the Legislature sine die.
Be It Further Resolved that the Secretary of the Senate
is directed to deliver copies of this resolution to the Governor and the
Secretary of State.
Sertich moved that Senate Concurrent Resolution No. 11 be now
adopted. The motion prevailed and
Senate Concurrent Resolution No. 11 was adopted.
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 2597.
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.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONFERENCE
COMMITTEE REPORT ON S. F. NO. 2597
A bill for an act relating to education; requiring school
boards to seek information from prospective teachers and the Board of Teaching
about disciplinary actions against the teachers; amending Minnesota Statutes
2006, section 123B.03, subdivision 2, by adding a subdivision.
May
16, 2008
The Honorable James P.
Metzen
President of the Senate
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
We, the undersigned conferees for S. F. No. 2597 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.
2597 be further amended as follows:
Page
1, after line 6, insert:
"Section
1. Minnesota Statutes 2006, section
123B.03, subdivision 1, as amended by Laws 2008, chapter 275, section 1, is
amended to read:
Subdivision
1. Background
check required. (a) A school hiring
authority shall request a criminal history background check from the
superintendent of the Bureau of Criminal Apprehension on all individuals who
are offered employment in a school and on all individuals, except enrolled
student volunteers, who are offered the opportunity to provide athletic
coaching services or other extracurricular academic coaching services to
a school, regardless of whether any compensation is paid. In order for an individual to be eligible
for employment or to provide the services, the individual must provide an
executed criminal history consent form and a money order or check payable to
either the Bureau of Criminal Apprehension or the school hiring authority, at
the discretion of the school hiring authority, in an amount equal to the actual
cost to the Bureau of Criminal Apprehension and the school district of
conducting the criminal history background check. A school hiring authority deciding to receive payment may, at its
discretion, accept payment in the form of a negotiable instrument other than a
money order or check and shall pay the superintendent of the Bureau of Criminal
Apprehension directly to conduct the background check. The superintendent of the Bureau of Criminal
Apprehension shall conduct the background check by retrieving criminal history
data maintained in the criminal justice information system computers. A school hiring authority, at its discretion,
may decide not to request a criminal history background check on an individual
who holds an initial entrance license issued by the State Board of Teaching or
the commissioner of education within the 12 months preceding an offer of
employment.
(b) A
school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:
(1)
the results of the criminal background check are on file with the other school
hiring authority or otherwise accessible;
(2)
the other school hiring authority conducted a criminal background check within
the previous 12 months;
(3)
the individual who is the subject of the criminal background check executes a
written consent form giving a school hiring authority access to the results of
the check; and
(4)
there is no reason to believe that the individual has committed an act
subsequent to the check that would disqualify the individual for employment.
(c) A
school hiring authority may, at its discretion, request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension
on any individual who seeks to enter a school or its grounds for the purpose of
serving as a school volunteer or working as an independent contractor or
student employee. In order for an
individual to enter a school or its grounds under this paragraph when the
school hiring authority decides to request a criminal history background check
on the individual, the individual first must provide an executed criminal
history consent form and a money order, check, or other negotiable instrument
payable to the school district in an amount equal to the actual cost to the
Bureau of Criminal Apprehension and the school district of conducting the
criminal history background check.
Notwithstanding section 299C.62, subdivision 1, the cost of the criminal
history background check under this paragraph is the responsibility of the
individual.
(d)
For all nonstate residents who are offered employment in a school, a school
hiring authority shall request a criminal history background check on such
individuals from the superintendent of the Bureau of Criminal Apprehension and
from the government agency performing the same function in the resident state
or, if no government entity performs the same function in the resident state,
from the Federal Bureau of Investigation.
Such individuals must provide an executed criminal history consent form
and a money order, check, or other negotiable instrument payable to the school
hiring authority in an amount equal to the actual cost to the government
agencies and the school district of conducting the criminal history background
check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph
is the responsibility of the individual.
(e) At
the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's
policy requiring a criminal history background check on employees and other
individuals who provide services to the school, and identify those positions
subject to a background check and the extent of the hiring authority's
discretion in requiring a background check.
The school hiring authority may include the notice in the student handbook,
a school policy guide, or other similar communication. Nothing in this paragraph affects a school
hiring authority's ability to request a criminal history background check on an
individual under paragraph (c).
EFFECTIVE DATE. This section is effective September 1, 2008."
Page
1, lines 10, 12, and 18, after "school" insert "board
or other"
Page
1, delete line 14 and insert "that sexual misconduct or attempted
sexual misconduct occurred"
Page
1, line 16, delete "conduct" and insert "misconduct"
and after "school" insert "board or other"
Page
1, line 17, delete "sections" and insert "section"
and delete "and 13.43, subdivision 2,"
Page
1, line 21, delete everything after "of" and insert "sexual
misconduct or attempted sexual"
Page
1, line 22, delete "conduct" and insert "misconduct"
Page
2, delete section 2 and insert:
"Sec.
3. Minnesota Statutes 2006, section
123B.03, subdivision 2, as amended by Laws 2008, chapter 275, section 1, and
2008 S. F. 3235, section 12, if enacted, is amended to read:
Subd.
2. Effect
of background check or Board of Teaching action. (a) A school hiring authority may hire or
otherwise allow an individual to provide a service to a school pending
completion of a background check under subdivision 1 or obtaining notice of
a Board of Teaching action under subdivision 1a but shall notify the
individual that the individual's employment or other service may be terminated
based on the result of the background check or Board of Teaching action. A school hiring authority is not liable for
failing to hire or for terminating an individual's employment or other service
based on the result of a background check or Board of Teaching action under
this section.
(b) An
individual must be informed by the For purposes of this paragraph, a
school hiring authority must inform an individual if the individual's
application to be an employee or volunteer in the district has been denied as a
result of a background check conducted under this section. The school hiring authority must also inform
an individual who is a current employee or volunteer if the individual's
employment or volunteer status in the district is being terminated as a result
of a background check conducted under this section subdivision 4."
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 2, delete everything after the semicolon and insert "modifying
school background check provisions;"
Page
1, delete line 3
Page
1, line 4, delete "the teachers;"
Correct
the title numbers accordingly
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Kathy L. Saltzman and Charles W. Wiger.
House Conferees: Karla Bigham, Sandra Peterson and Bud
Heidgerken.
Bigham moved that the report of the Conference Committee on S. F. No. 2597
be adopted and that the bill be repassed as amended by the Conference
Committee. The motion prevailed.
S. F. No. 2597, A bill for an act relating to education;
requiring school boards to seek information from prospective teachers and the
Board of Teaching about disciplinary actions against the teachers; amending
Minnesota Statutes 2006, section 123B.03, subdivision 2, 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 126 yeas
and 7 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Emmer
Olson
Peppin
Rukavina
Shimanski
The bill was repassed, as amended by Conference, and its title
agreed to.
There being no objection, the order of business reverted to
Reports of Standing Committees and Divisions.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Sertich
from the Committee on Rules and Legislative Administration to which was
referred:
H. F.
No. 4166, A bill for an act relating to legislative enactments; correcting
miscellaneous oversights, inconsistencies, ambiguities, unintended results, and
technical errors; amending Minnesota Statutes 2006, section 260C.007,
subdivision 18.
Reported
the same back with the following amendments:
Page
1, after line 21, insert:
"Sec.
2. [CORR08-1] Minnesota Statutes 2006,
section 16B.335, subdivision 2, as amended by Laws 2008, chapter 179, section
31, is amended to read:
Subd.
2. Other
projects. All other capital
projects for which a specific appropriation is made must not proceed until the
recipient undertaking the project has notified the chair of the senate Finance
Committee, the chair of the house Capital Investment Committee, and the chair
of the house Ways and Means Committee that the work is ready to begin. Notice is not required for capital projects
needed to comply with the Americans with Disabilities Act, for asset
preservation projects to which section 16A.307 16B.307 applies,
or for projects funded by an agency's operating budget or by a capital asset
preservation and replacement account under section 16A.632, or a higher
education asset preservation and replacement account under section 135A.046.
Sec.
3. [CORR08-1A] Minnesota Statutes 2007
Supplement, section 16A.531, subdivision 1a, is amended to read:
Subd.
1a. Revenues. The following
revenues must be deposited in the environmental fund:
(1) all revenue from the motor vehicle transfer
fee imposed under as provided in section 115A.908, subdivision
2;
(2)
all fees collected under section 116.07, subdivision 4d;
(3)
all money collected by the Pollution Control Agency in enforcement matters as
provided in section 115.073;
(4)
all revenues from license fees for individual sewage treatment systems under
section 115.56;
(5)
all loan repayments deposited under section 115A.0716;
(6)
all revenue from pollution prevention fees imposed under section 115D.12;
(7)
all loan repayments deposited under section 116.994;
(8)
all fees collected under section 116C.834;
(9)
revenue collected from the solid waste management tax pursuant to chapter 297H;
(10)
fees collected under section 473.844;
(11)
interest accrued on the fund; and
(12)
money received in the form of gifts, grants, reimbursement, or appropriation
from any source for any of the purposes provided in subdivision 2, except
federal grants.
Sec. 4. [CORR08-1B]
Laws 2008, chapter 179, section 11, is amended to read:
Sec. 11. MINNESOTA ZOOLOGICAL GARDEN $2,500,000
To the Minnesota Zoological
Garden for capital asset preservation improvements and betterments, to be spent
in accordance with Minnesota Statutes, section 16B.307.
$1,526,000 is Priority for use of
these funds must be given to design and construct improvements to its water
management system. The project must be
designed to address inflow and infiltration problems associated with the
Minnesota Zoo's water discharge flow to the city of Eagan.
Sec. 5. [CORR08-1C]
Laws 2008, chapter 179, section 3, subdivision 12, is amended to read:
Subd. 12. Metropolitan State University
(a) Smart Classroom Center 4,980,000
To construct, furnish, and
equip renovation of two floors of technology-enhanced classrooms and academic offices
in the power plant building. This
appropriation includes money to demolish the power plant annex to enable the
new construction.
(b) Law Enforcement Training Center 13,900,000
To compete design of and to
construct, furnish, and equip, in cooperation with Minneapolis Community and
Technical College, a colocated Law Enforcement Training Center on the campus of
Hennepin Technical College in Brooklyn Park.
The board may use up to $2,000,000 of college or university money for
this project.
Sec. 6. [CORR08-1D]
Laws 2008, chapter 179, section 21, subdivision 15, is amended to read:
Subd. 15. St. Cloud
State University - National Hockey Center 6,500,000
To the Board of Trustees of
the Minnesota State Colleges and Universities to predesign, design, construct,
furnish, and equip the renovation of and addition to the National Hockey
Center. The board may use university
and nonstate money for the remainder of the cost of the construction.
Sec. 7. [CORR08-1E]
Laws 2008, chapter 179, section 5, subdivision 5, is amended to read:
Subd. 5. Pollard Hall 200,000
To construct, furnish, and
equip the renovation of Pollard Hall to house the Deaf and Hard of Hearing
Children's Residential Day Treatment Center.
Sec. 8. [CORR08-1F]
Laws 2008, chapter 179, section 15, subdivision 7, is amended to read:
Subd. 7. Scott County Public Safety Training Center
1,000,000
Notwithstanding any law to
the contrary, for a grant to Scott County to design, construct, furnish, and
equip a an expansion of its regional public safety training
center in Scott County.
This appropriation is not
available until the commissioner has determined that at least an equal amount
has been committed from nonstate sources.
Sec. 9. [CORR08-2] Minnesota Statutes, section
169.865, as added by Laws 2008, chapter 239, article 1, section 60, is amended
to read:
[169.865] SPECIAL AGRICULTURAL PRODUCTS PERMITS.
Subdivision 1. Six-axle
vehicles. (a) A road authority may
issue an annual permit authorizing a vehicle or combination of vehicles with a
total of six axles to haul raw or unprocessed agricultural products and be
operated with a gross vehicle weight of up to:
(1) 90,000 pounds; and
(2) 99,000 pounds during the
period set by the commissioner under section 169.826, subdivision 1.
(b) Notwithstanding
subdivision 4, paragraph (a), clause (4), a vehicle or combination of vehicles
operated under this subdivision and transporting only sealed intermodal
containers may be operated on an interstate highway if allowed by the United
States Department of Transportation.
(c) The fee for a permit
issued under this subdivision is $300.
Subd. 2. Seven-axle
vehicles. (a) A road authority may
issue an annual permit authorizing a vehicle or combination of vehicles with a
total of seven axles to haul raw or unprocessed agricultural products and be
operated with a gross vehicle weight of up to:
(1) 97,000 pounds; and
(2) 99,000 pounds during the
period set by the commissioner under section 169.826, subdivision 1.
(b) Drivers of vehicles
operating under this subdivision must comply with driver qualification
requirements adopted under section 221.0314, subdivisions 2 to 5, and Code of
Federal Regulations, title 49, parts 40 and 382.
(c) The fee for a permit
issued under this subdivision is $500.
Subd. 3. Requirements;
restrictions. (a) A vehicle or
combination of vehicles operating under this section:
(1) is subject to axle
weight limitations under section 169.824, subdivision 1, or the federal
bridge formula for axle groups not described in that section;
(2) is subject to seasonal
load restrictions under section 169.87;
(3) is subject to bridge
load limits posted under section 169.84;
(4) may only be operated on
trunk highways other than interstate highways, and on local roads designated
under section 169.832, subdivision 11;
(5) may not be operated with
loads that exceed the manufacturer's gross vehicle weight rating as affixed to
the vehicle, or other certification of gross vehicle weight rating complying with
Code of Federal Regulations, title 49, parts 567.4 to 567.7;
(6) must be issued a permit
from each road authority having jurisdiction over a road on which the vehicle
is operated, if required;
(7) must comply with the
requirements of section 169.851, subdivision 4; and
(8) must have brakes on all
wheels.
(b) The percentage
allowances for exceeding gross weights if transporting unfinished forest
products under section 168.013, subdivision 3, paragraph (b), or for the first
haul of unprocessed or raw farm products or unfinished forest products under
section 168.013, subdivision 3, paragraph (d), clause (3), do not apply to a
vehicle or combination of vehicles operated under this section.
Subd. 4. Deposit
of revenues; appropriation. (a)
Revenue from the permits issued under this section must be deposited:
(1) in fiscal years 2008
through 2011, in the bridge inspection and signing account in the special
revenue fund; and
(2) in fiscal year 2012 and
subsequent years, in the trunk highway fund.
(b) The revenue in the
bridge inspection and signing account under this section is annually
appropriated to the commissioner for:
(1) inspection of local
bridges and identification of local bridges to be posted, including contracting
with a consultant for some or all of these functions; and
(2) erection of weight
posting signs on local bridges.
Sec. 10. [CORR08-3] [3.7395] PUBLIC ASSISTANCE.
Subdivision 1. Eligibility. Payments made to survivors under section
3.7393 or from the emergency relief fund shall not be counted as income,
assets, or resources for purposes of eligibility for health care and
maintenance programs under chapters 256B, 256D, 256J, and 256L. Survivors and their families who would
otherwise be eligible for and enrolled in health care programs with federal
funding shall be eligible for and enrolled in health care programs paid with
state funding until and unless federal approval of this exclusion is
granted. The commissioner of human services
shall pursue the federal approval necessary to exclude these payments under
federally funded health care programs.
Subd. 2. Subrogation. For the purpose of medical assistance and
MinnesotaCare, the Department of Human Services shall pay the federal financial
participation for the portion of any payment that is required to be treated as
primary to Medicaid.
EFFECTIVE DATE; APPLICATION. This section is effective retroactive from May 9, 2008, and
prevails over 2008 H. F. No. 3955, section 1, if enacted.
Sec. 11. [CORR08-3A] Minnesota Statutes, section
3.7394, subdivision 3, as added by Laws 2008, chapter 288, section 5, is
amended to read:
Subd. 3. Payments
from other sources. (a) Notwithstanding
any statutory or common law or agreement to the contrary, a person who is
not a third-party tortfeasor and who is required to make payments,
including future payments, to a survivor may not eliminate or reduce
those payments as a result of compensation paid to the survivor under section
3.7393 or from the emergency relief fund or as a result of the survivor's
release of claims against the state, a municipality, or their employees under
section 3.7393 only to the extent those payments represent damages for
future losses for which the survivor received compensation under section 3.7393
or from the emergency relief fund.
The obligation of any person other than the state to make payments to a
survivor is primary as compared to any payment made or to be made under section
3.7393 or from the emergency relief fund.
The persons referenced in and covered by this subdivision and
subdivision 4 include, without limitation:
(1) reparation obligors, as
defined in section 65B.43, subdivision 9, whether they are insurers or
self-insurers;
(2) health plan companies,
as defined in section 62Q.01, subdivision 4, including the Minnesota
Comprehensive Health Association created under section 62E.10;
(3) insurance companies, as
defined in section 60A.02, subdivision 4;
(4) self-insured pools of
political subdivisions organized under section 471.617 or 471.981, including
service cooperatives pools organized under section 123A.21;
(5) risk retention groups,
as defined in section 60E.02, subdivision 12;
(6) joint self-insurance
plans governed by chapter 60F;
(7) workers' compensation
insurers and private self-insurers, as defined in section 79.01;
(8) the Minnesota Life and
Health Insurance Guaranty Association governed by chapter 61B;
(9) the Minnesota Insurance
Guaranty Association governed by chapter 60C;
(10) the Minnesota Joint
Underwriting Association governed by chapter 62I;
(11) all insurers providing
credit life, credit accident and health, and credit involuntary unemployment
insurance under chapter 62B, but also including those coverages written in
connection with real estate mortgage loans and those provided to borrowers at
no additional cost;
(12) the Minnesota
unemployment insurance program provided under chapter 268;
(13) coverage offered by the
state under medical assistance, general assistance medical care, and
MinnesotaCare; and
(14) any other plan
providing health, life, disability income, or long-term care coverage.
(b) A third-party tortfeasor
who is required to make payments, including future payments, to a survivor may
not eliminate or reduce those payments as a result of compensation paid to a
survivor under section 3.7393 or from the emergency relief fund or as a result
of the survivor's release of claims against the state, a municipality, or their
employees under section 3.7393.
EFFECTIVE DATE; APPLICATION. This section is effective retroactive from May 9, 2008, and
prevails over 2008 H. F. No. 3995, section 2, if enacted.
Sec. 12. [CORR08-3B] REVISOR'S INSTRUCTION.
In Laws 2008, chapter 288,
the revisor shall delete the range reference "sections 3.7391 to
3.7394" and insert "sections 3.7391 to 3.7395."
EFFECTIVE DATE. This section is effective retroactive from May 9, 2008.
Sec. 13. [CORR08-4] Minnesota Statutes 2007
Supplement, section 341.25, as amended by Laws 2008, chapter 300, section 23,
is amended to read:
341.25 RULES.
(a) The commission may adopt
rules that include standards for the physical examination and condition of
combatants and referees.
(b) The commission may adopt
other rules necessary to carry out the purposes of this chapter, including, but
not limited to, the conduct of all combative sport contests and their manner,
supervision, time, and place. Notwithstanding
section 14.125, the commission shall publish a notice of intent to adopt rules
or a notice of hearing on or before September 1, 2008.
(c) The commission must
adopt unified rules for mixed martial arts contests.
(d) The commission may adopt
the rules of the Association of Boxing Commissions, with amendments.
Sec. 14. [CORR08-5] Laws 2008, chapter 154, article
3, section 3, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective for
tax years beginning after December 31, 2007, except that clause (11) and the
phrase "to the extent included in federal taxable income," added in
clause (12) are effective retroactively for taxable years beginning after
December 31, 2004.
Sec. 15. [CORR08-6] Minnesota Statutes, section
121A.232, as added by 2008 H. F. No. 615, section 2, if enacted, is amended to
read:
121A.232 INFORMATION ON IMMUNIZATIONS.
(a) If, at any time during a
school year, a public or private school provides information on immunizations,
infectious disease, medications, or other school health issues to parents and
legal guardians of pupils in grade 6, 9, or 12, the school is required to
include with that information the following:
(1) information about
meningococcal meningitis and the vaccine for meningococcal meningitis,
including the causes and symptoms of meningococcal meningitis, how it is
spread, and sources where parents and legal guardians may obtain additional
information about meningococcal meningitis and may obtain vaccination of a
child against meningococcal meningitis; and
(2) information about human
papillomavirus and the vaccine for human papillomavirus, including the risks
associated with human papillomavirus; the availability, effectiveness, and
potential risks of immunization for human papillomavirus; and sources where
parents and legal guardians may obtain additional information about human
papillomavirus and may obtain vaccination of a child against human
papillomavirus.
(b) The Department of Education
Health, in cooperation with the Department of Health Education,
shall develop and make available to school districts, public schools, and
private schools information that meets the requirements of paragraph (a),
clauses (1) and (2). The department
shall do this in the manner the department deems to be the most cost-effective
and programmatically effective, which shall include at the very least, posting
the information on the department's Web site.
Sec. 16. [CORR08-7] 2008 H. F. No. 1724, section 14,
if enacted, is amended to read:
Sec. 14. EFFECTIVE
DATE.
Sections 1 to 11 and 13
are effective July 1, 2009."
Renumber the sections in
sequence
Correct the title numbers
accordingly
With the recommendation that
when so amended the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 4166 was read for the second time.
DECLARATION
OF URGENCY
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Olin moved that the rule therein be suspended and an
urgency be declared so that H. F. No. 4166 be given its third
reading and be placed upon its final passage.
The motion prevailed.
SUSPENSION
OF RULES
Olin moved that the Rules of the House be so far suspended that
H. F. No. 4166 be given its third reading and be placed upon its
final passage. The motion prevailed.
Olin and Berns moved to
amend H. F. No. 4166, the first engrossment, as follows:
Page 9, after line 23, insert:
"Sec. 17. [CORR08-9] Laws 2005, First Special Session
chapter 1, article 4, section 39, as amended by Laws 2008, chapter 287, article
1, section 113, is amended to read:
EFFECTIVE DATE. This section is effective on
the effective date of 2007 2008 House File 1351 3486,
article 1, sections 60 and 61, as amended."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Olin moved to amend H. F. No. 4166, the first engrossment, as
amended, as follows:
Pages 8 and 9, delete section 15
The motion prevailed and the amendment was adopted.
H. F. No 4166, A bill for an act relating to legislative
enactments; correcting miscellaneous oversights, inconsistencies, ambiguities,
unintended results, and technical errors; amending Minnesota Statutes 2006,
sections 3.7394, subdivision 3, as added; 16B.335, subdivision 2, as amended;
169.865, as added; 260C.007, subdivision 18; Minnesota Statutes 2007 Supplement,
sections 16A.531, subdivision 1a; 341.25, as amended; Laws 2005, First Special
Session chapter 1, article 4, section 39, as amended; Laws 2008, chapter 154,
article 3, section 3; Laws 2008, chapter 179, sections 3, subdivision 12; 5,
subdivision 5; 11; 15, subdivision 7; 21, subdivision 15; 2008
H. F. No. 1724, section 14, if enacted; proposing coding for new law
in Minnesota Statutes, chapter 3.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 127 yeas and 6
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Drazkowski
Emmer
Holberg
Olson
The bill was passed, as amended, and its title agreed to.
MOTIONS AND RESOLUTIONS
Hortman moved that her name be stricken as an author on
H. F. No. 482. The
motion prevailed.
Hortman moved that her name be stricken as an author on
H. F. No. 3273. The
motion prevailed.
Tillberry moved that the name of Hortman be added as an author
on H. F. No. 3395. The
motion prevailed.
Huntley moved that the name of Thissen be added as second
author and the names of Fritz; Murphy, E.; Anzelc; Bigham; Bunn; Hortman;
Tillberry; Norton; Dittrich; Olin; Benson; Winkler; Scalze; Hosch; Haws;
Swails; Simon; Welti and Wollschlager be added as authors on
H. F. No. 3924. The
motion prevailed.
Huntley moved that the name of Loeffler be added as an author
on H. F. No. 3924. The motion
prevailed.
Hortman moved that her name be stricken as an author on
H. F. No. 4021. The
motion prevailed.
Abeler moved that the name of Dettmer be added as an author on
H. F. No. 4255. The
motion prevailed.
Otremba moved that the names of Dettmer and Shimanski be added
as authors on H. F. No. 4256.
The motion prevailed.
The following communication from the Governor was reported to
the House:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
16, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Kelliher:
I have vetoed and am returning H. F. No. 3807, Chapter No. 334,
the Noncompliance with REAL I.D. Act.
Three weeks ago, I vetoed H. F. No. 1351, Chapter No. 239,
which contained a similar proposal to prohibit Minnesota from complying with
federal REAL I.D. requirements. At that
time, I outlined the reasons why doing so would be detrimental to our state and
citizens.
Valid concerns have been raised about REAL I.D. including
states rights, funding, personal privacy and others. I am committed to work to ensure those concerns are
addressed. At the same time, I hope
legislators share my interest in protecting Minnesotans, enhancing homeland
security, combating illegal immigration, and reducing identity fraud. Working with the federal government to
resolve these issues would be a better strategy than enacting an outright ban
on Minnesota's participation in this program at this time.
As I have previously noted, REAL I.D. requires inclusion of
minimum security features in state driver's licenses. It was a product of the recommendations of the 9/11
Commission. REAL I.D. was passed by
Congress on a bipartisan basis and signed into law by the President.
If this legislation becomes law, Minnesota driver's licenses
will not be compliant with federal regulations after December 31, 2009, and
Minnesotans will be prohibited from using their driver's license as
identification for air travel or for entering federal buildings.
In addition, this legislation would prevent Minnesota from
accessing federal funding for enhancing the security features of our driver's
licenses.
Working to resolve concerns regarding REAL I.D. is a prudent
next step. If concerns are not
addressed at the federal level, more dramatic steps can be taken at the state
level in the future.
Sincerely,
Tim
Pawlenty
Governor
MOTION TO OVERRIDE VETO
Olson moved that H. F. No. 3807, Chapter No. 334, be now
reconsidered and repassed, the objections of the Governor notwithstanding, pursuant
to Article IV, Section 23, of the Constitution of the State of Minnesota.
LAY ON
THE TABLE
Howes moved that the Olson motion be laid on the table.
A roll call was requested and properly seconded.
The question was taken on the Howes motion and the roll was
called. There were 86 yeas and 46 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Anzelc
Beard
Berns
Brod
Buesgens
Bunn
Carlson
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hausman
Heidgerken
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson
Knuth
Kohls
Laine
Lanning
Lenczewski
Lieder
Lillie
Loeffler
Magnus
Marquart
McFarlane
McNamara
Moe
Morgan
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Ruud
Sailer
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Abeler
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Clark
Davnie
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Haws
Hilstrom
Hornstein
Huntley
Juhnke
Kahn
Kalin
Koenen
Kranz
Lesch
Liebling
Madore
Mahoney
Mariani
Masin
Morrow
Mullery
Olson
Paymar
Peterson, A.
Peterson, S.
Rukavina
Scalze
Slawik
Swails
Tschumper
Wagenius
Walker
The motion prevailed and the Olson motion was laid on the
table.
Sertich moved that the Chief Clerk be and he is hereby
instructed to inform the Senate and the Governor by message that the House of
Representatives is about to adjourn this 85th Session sine die. The motion prevailed.
House Resolution No. 2 was reported to the House.
HOUSE
RESOLUTION NO. 2
A House resolution expressing the sense of the Minnesota House
concerning trade, financial, and travel restrictions to Cuba.
Whereas, the relationship between the United States and Cuba has been marked
by tension and confrontation; and
Whereas, furthering this hostility is the 45-year-old United States trade
embargo against the island nation, the longest standing such embargo in modern
history; and
Whereas, the United States Congress approved the 2000 Trade Sanctions Reform
and Export Enhancement Act, which provides for the limited sale of food,
medicine, medical supplies, and agricultural products from the United States to
Cuba; and
Whereas, recent additional restrictions on specified payment procedures will
substantially curtail existing levels of limited trade; and
Whereas, Cuba has imported over $1 billion of food products and agricultural
commodities from the United States during the past five years to support and
feed its 11 million people; and
Whereas, import volume is expected to grow significantly in coming years as
Cuba continues its economic recovery, following the withdrawal of subsidies
from the former Soviet Union in the last decade; and
Whereas, Minnesota is ideally positioned to benefit from the market
opportunities that free trade with Cuba would provide, as trade restrictions
succeed only in driving sales to competitors in other countries that have no
such restrictions; and
Whereas, agricultural production in Minnesota is valued at more than $9 billion
annually; and
Whereas, Minnesota is a leader in the overall value of agricultural exports at
more than $2.5 billion annually; and
Whereas, under an ideal trade scenario, Minnesota farmers could enjoy at least
$45 million in new exports annually; the state's total economic benefit would
be nearly $92 million, including 900 new jobs; and
Whereas, in recent years, Cuba has developed important pharmaceutical
products, specifically a new meningitis B vaccine that has virtually eliminated
the disease in Cuba; such products have the potential to protect Americans
against diseases that continue to threaten large populations around the world;
and
Whereas, Cuba's potential oil production and reserves have attracted the
interest of numerous other countries who have been helping Cuba develop its
existing wells and search for new reserves; Cuba's oil output has increased
well over 400 percent over the last decade; and
Whereas, the United States' trade, financial, and travel restrictions against Cuba
hinder Minnesota's export of agricultural and food products, its ability to
import essential energy products, its ability to treat Minnesotans' illnesses
and the right of Minnesotans to travel freely; Now, Therefore,
Be It Resolved by the House of Representatives of the State of
Minnesota that it supports national efforts to remove all trade, financial, and
travel restrictions to Cuba. It is the
sense of the House that the Congress of the United States and the President of
the United States should take all necessary steps to see that this end is
accomplished.
Kahn moved that House Resolution No. 2 be now adopted. The motion prevailed and House Resolution
No. 2 was adopted.
MOTION TO ADJOURN SINE DIE
Sertich moved that the House adjourn sine die. The motion prevailed and the Speaker
declared the House adjourned sine die.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives