Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1997, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 5-S.F.No. 5
An act relating to legislative enactments; providing
for the correction of miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and
technical errors of a noncontroversial nature;
amending Minnesota Statutes 1996, sections 62J.54, as
amended; 69.021, subdivision 10, as amended; 119A.04,
subdivision 6, as amended; 119B.05, subdivision 1, as
amended; 119B.13, subdivision 6, as added; 124.239,
subdivision 5, as amended, and subdivision 5a, as
added, and by adding; 124.2601, subdivision 5, as
amended; 254B.03, subdivision 1, as amended; 256.045,
subdivision 1, as amended; 256.98, subdivision 1, as
amended, and by adding a subdivision; 268.121, as
amended; 270.60, subdivision 4, as added; 273.126,
subdivision 2, as added; 273.1382, subdivision 1, as
amended; 297A.25, subdivision 71, as added; 326.71,
subdivision 4, as amended; 518.6111, subdivision 13,
as added; Laws 1995, chapter 248, article 13, section
4, subdivision 2; Laws 1997, chapter 84, article 3,
section 9; chapter 85, article 1, section 62; chapter
106, article 1, section 19; chapter 113, section 6,
subdivision 5; chapter 162, article 2, section 31,
subdivision 9, and article 4, section 63, subdivision
5; chapter 200, article 1, sections 5, subdivision 4
and 75; chapter 202, article 1, section 13; chapter
203, article 1, section 2, subdivision 8, and by
adding sections, and section 3, subdivision 2; article
6, section 94; chapter 231, article 1, section 16;
article 1, section 19;, subdivision 1; article 2,
section 65; article 3, sections 3, subdivision 5, 4,
subdivisions 2 and 3; 5, subdivision 2; article 7,
section 47; article 8, section 16; article 16, section
31; chapter 239, article 1, section 12, subdivision 4;
article 3, sections 25 and 26; and chapter 248,
section 46; repealing Minnesota Statutes 1996, section
256.73, subdivisions 1 and 1b; Laws 1997, chapter 231,
article 1, section 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 326.71,
subdivision 4, as amended by Laws 1997, chapter 205, section 32,
is amended to read:
Subd. 4. [ASBESTOS-RELATED WORK.] "Asbestos-related work"
means the enclosure, removal, or encapsulation of
asbestos-containing material in a quantity that meets or exceeds
260 lineal linear feet of friable asbestos-containing material
on pipes, 160 square feet of friable asbestos-containing
material on other facility components, or, if linear feet or
square feet cannot be measured, a total of 35 cubic feet of
friable asbestos-containing material on or off all facility
components in one facility. In the case of single or
multifamily residences, "asbestos-related work" also means the
enclosure, removal, or encapsulation of greater than ten but
less than 260 linear feet of friable asbestos-containing
material on pipes, greater than six but less than 160 square
feet of friable asbestos-containing material on other facility
components, or, if linear feet or square feet cannot be
measured, greater than one cubic foot but less than 35 cubic
feet of friable asbestos-containing material on or off all
facility components in one facility. This provision excludes
asbestos-containing floor tiles and sheeting, roofing materials,
siding, and all ceilings with asbestos-containing material in
single family residences and buildings with no more than four
dwelling units. Asbestos-related work includes asbestos
abatement area preparation; enclosure, removal, or encapsulation
operations; and an air quality monitoring specified in rule to
assure that the abatement and adjacent areas are not
contaminated with asbestos fibers during the project and after
completion.
For purposes of this subdivision, the quantity of asbestos
containing material applies separately for every project.
Sec. 2. Laws 1997, chapter 113, section 6, subdivision 5,
is amended to read:
Subd. 5. [LICENSE FEES.] The license fees for assisted
living home care providers shall be as follows:
(1) $125 annually for those providers serving a monthly
average of 15 or fewer clients, and for assisted living
providers of all sizes during the first year of operation;
(2) $200 annually for those providers serving a monthly
average of 16 to 30 clients;
(3) $375 annually for those providers serving a monthly
average of 31 to 50 clients; and
(4) $625 annually for those providers serving a monthly
average of 50 51 or more clients.
Sec. 3. Laws 1997, chapter 202, article 1, section 13, is
amended to read:
Sec. 13. OFFICE OF TECHNOLOGY 5,161,000 2,777,000
$2,326,000 the first year and
$2,377,000 the second year are for the
administrative operations of the office
of technology.
$935,000 the first year is for the
North Star online information service
under new Minnesota Statutes, section
16E.07. Any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year of the biennium.
$500,000 the first year is to develop
an electronic system to allow the
public to retrieve by computer business
license information prepared by the
commissioner of trade and economic
development, as required by new
Minnesota Statutes, section 16E.08.
Any unencumbered balance remaining in
the first year does not cancel and is
available for the second year of the
biennium. The executive director shall
report to the legislature by January
15, 1998, on progress of the project.
$400,000 the first year and $400,000
the second year are to develop a United
Nations trade point in the state under
new Minnesota Statutes, section
16E.11. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
$500,000 the first year is to support
activities associated with a
plenipotentiary conference of the
International Telecommunications Union.
$500,000 the first year is to operate
the Internet Center under new Minnesota
Statutes, section 16E.12, and to
develop community technology resources
under new Minnesota Statutes, section
16E.13. Any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year of the biennium.
Sec. 4. Laws 1997, chapter 203, article 1, section 3,
subdivision 2, is amended to read:
Subd. 2. Health Systems
and Special Populations 48,517,000 48,233,000
Summary by Fund
General 39,295,000 38,998,000
State Government
Special Revenue 9,222,000 9,235,000
[FEES; DRUG AND ALCOHOL COUNSELOR
LICENSE.] When setting fees for the
drug and alcohol counselor license, the
department is exempt from Minnesota
Statutes, section 16A.1285, subdivision
2.
[STATE VITAL STATISTICS REDESIGN
PROJECT ACCOUNT.] The amount
appropriated from the state government
special revenue fund for the vital
records redesign project shall be
available until expended for
development and implementation.
[WIC PROGRAM.] Of this appropriation,
$650,000 in 1998 is provided to
maintain services of the program,
$700,000 in 1998 and $700,000 in 1999
is added to the base level funding for
the WIC food program in order to
maintain the existing level of the
program, and $100,000 in 1998 is for
the commissioner to develop and
implement an outreach program to
apprise potential recipients of the WIC
food program of the importance of good
nutrition and the availability of the
program.
[WIC TRANSFERS.] General fund
appropriations for the women, infants,
and children (WIC) food supplement
program are available for either year
of the biennium. Transfers of
appropriations between fiscal years
must be for the purpose of maximizing
federal funds or minimizing
fluctuations in the number of
participants.
[LOCAL PUBLIC HEALTH FINANCING.] Of the
general fund appropriation, $5,000,000
each year shall be disbursed for local
public health financing and shall be
distributed according to the community
health service subsidy formula in
Minnesota Statutes, section 145A.13.
[MINNESOTA CHILDREN WITH SPECIAL HEALTH
NEEDS CARRYOVER.] General fund
appropriations for treatment services
in the services for children with
special health care needs program are
available for either year of the
biennium.
[HEALTH CARE ASSISTANCE FOR DISABLED
CHILDREN INELIGIBLE FOR SSI.]
Notwithstanding the requirements of
Minnesota Rules, part 4705.0100,
subpart 14, children who: (a) are
eligible for medical assistance as of
June 30, 1997, and become ineligible
for medical assistance due to changes
in supplemental security income
disability standards for children
enacted in (PRWORA) Public Law Number
104-193; and (b) are not eligible for
MinnesotaCare, are eligible for health
care services through Minnesota
services for children with special
health care needs under Minnesota
Rules, parts 4705.0100 to 4705.1600 for
the fiscal year ending June 30, 1998,
until eligibility for medical
assistance is reestablished. The
commissioner of health shall report to
the legislature by March 1, 1998, on
the number of children eligible under
this provision, their health care
needs, family income as a percentage of
the federal poverty level, the extent
to which families have employer-based
health coverage, and recommendations on
how to meet the future needs of
children eligible under this provision.
[AMERICAN INDIAN DIABETES.] Of this
appropriation, $90,000 each year shall
be disbursed for a comprehensive
school-based intervention program
designed to reduce the risk factors
associated with diabetes among American
Indian school children in grades 1
through 4. The appropriation for 1998
may be carried forward to 1999. The
appropriation for fiscal year 1999 is
available only if matched by $1 of
nonstate money for each $1 of the
appropriation and may be expended in
either year of the biennium. The
commissioner shall convene an American
Indian diabetes prevention advisory
task force. The task force must
include representatives from the
American Indian tribes located in the
state and urban American Indian
representatives. The task force shall
advise the commissioner on the
adaptation of curricula and the
dissemination of information designed
to reduce the risk factors associated
with diabetes among American Indian
school children in grades 1 through 4.
The curricula and information must be
sensitive to traditional American
Indian values and culture and must
encourage full participation by the
American Indian community.
[HOME VISITING PROGRAMS.] (a) Of this
appropriation, $140,000 in 1998 and
$870,000 in 1999 is for the home
visiting programs for infant care under
Minnesota Statutes, section 145A.16.
These amounts are available until June
30, 1999.
(b) Of this appropriation, $225,000 in
1998 and $180,000 in 1999 is to
continue funding the home visiting
programs that received one-year funding
under Laws 1995 1996, chapter 480 408,
article 1, section 9. This amount is
available until expended.
[FETAL ALCOHOL SYNDROME.] Of the
general fund appropriation, $625,000
each year of the biennium shall be
disbursed to prevent and reduce harm
from fetal alcohol syndrome and fetal
alcohol effect.
[COMPLAINT INVESTIGATIONS.] Of the
appropriation, $127,000 each year from
the state government special revenue
fund, and $75,000 each year from the
general fund, is for the commissioner
to conduct complaint investigations of
nursing facilities, hospitals and home
health care providers.
[COMPLEMENTARY MEDICINE STUDY.] (a) Of
the general fund appropriation, $20,000
in fiscal year 1998 shall be disbursed
for the commissioner of health, in
consultation with the commissioner of
commerce, to conduct a study based on
existing literature, information, and
data on the scope of complementary
medicine offered in this state. The
commissioner shall:
(1) include the types of complementary
medicine therapies available in this
state;
(2) contact national and state
complementary medicine associations for
literature, information, and data;
(3) conduct a general literary review
for information and data on
complementary medicine;
(4) contact the departments of commerce
and human services for information on
existing registrations, licenses,
certificates, credentials, policies,
and regulations; and
(5) determine by sample, if
complementary medicine is currently
covered by health plan companies and
the extent of the coverage.
In conducting this review, the
commissioner shall consult with the
office of alternative medicine through
the National Institute of Health.
(b) The commissioner shall, in
consultation with the advisory
committee, report the study findings to
the legislature by January 15, 1998.
As part of the report, the commissioner
shall make recommendations on whether
the state should credential or regulate
any of the complementary medicine
providers.
(c) The commissioner shall appoint an
advisory committee to provide expertise
and advice on the study. The committee
must include representation from the
following groups: health care
providers, including providers of
complementary medicine; health plan
companies; and consumers. The advisory
committee is governed by Minnesota
Statutes, section 15.059, for
membership terms and removal of members.
(d) For purposes of this study, the
term "complementary medicine" includes,
but is not limited to, acupuncture,
homeopathy, manual healing,
macrobiotics, naturopathy, biofeedback,
mind/body control therapies,
traditional and ethnomedicine
therapies, structural manipulations and
energetic therapies, bioelectromagnetic
therapies, and herbal medicine.
[DOWN'S SYNDROME.] Of the general fund
appropriation, $15,000 in fiscal year
1998 shall be disbursed for a grant to
a nonprofit organization that provides
support to individuals with Down's
Syndrome and their families, for the
purpose of providing all obstetricians,
certified nurse-midwives, and family
physicians licensed to practice in this
state with informational packets on
Down's Syndrome. The packets must
include, at a minimum, a fact sheet on
Down's Syndrome, a list of counseling
and support groups for families with
children with Down's Syndrome, and a
list of special needs adoption
resources. The informational packets
must be made available to any pregnant
patient who has tested positive for
Down's Syndrome, either through a
screening test or amniocentesis.
[NEWBORN SCREENING FOR HEARING LOSS
PROGRAM IMPLEMENTATION PLAN.] (a) Of
the general fund appropriation, $18,000
in fiscal year 1998 shall be disbursed
to pay the costs of coordinating with
hospitals, the medical community,
audiologists, insurance companies,
parents, and deaf and hard-of-hearing
citizens to establish and implement a
voluntary plan for hospitals and other
health care facilities to screen all
infants for hearing loss.
(b) The plan to achieve universal
screening of infants for hearing loss
on a voluntary basis shall be
formulated by a department work group,
including the following representatives:
(1) a representative of the health
insurance industry designated by the
health insurance industry;
(2) a representative of the Minnesota
Hospital and Healthcare Partnership;
(3) a total of two representatives from
the following physician groups
designated by the Minnesota Medical
Association: pediatrics, family
practice, and ENT;
(4) two audiologists designated by the
Minnesota Speech-Language-Hearing
Association and the Minnesota Academy
of Audiology;
(5) a representative of hospital
neonatal nurseries;
(6) a representative of part H (IDEA)
early childhood special education;
(7) the commissioner of health or a
designee;
(8) a representative of the department
of human services;
(9) a public health nurse;
(10) a parent of a deaf or
hard-of-hearing child;
(11) a deaf or hard-of-hearing person;
and
(12) a representative of the Minnesota
commission serving deaf and
hard-of-hearing people.
Members of the work group shall not
collect a per diem or compensation as
provided in Minnesota Statutes, section
15.0575.
(c) The plan shall include measurable
goals and timetables for the
achievement of universal screening of
infants for hearing loss throughout the
state and shall include the design and
implementation of needed training to
assist hospitals and other health care
facilities screen infants for hearing
loss according to recognized standards
of care.
(d) The work group shall report to the
legislature by January 15, 1998,
concerning progress toward the
achievement of universal screening of
infants in Minnesota for the purpose of
assisting the legislature to determine
whether this goal can be accomplished
on a voluntary basis.
[INFANT HEARING SCREENING PROGRAM.] Of
the general fund appropriation, $25,000
in fiscal year 1998 shall be disbursed
for a grant to a hospital in Staples,
Minnesota, for the infant hearing
screening program.
[NURSING HOMES DAMAGED BY FLOODS.] The
commissioner shall conduct an expedited
process under Minnesota Statutes,
section 144A.073, solely to review
nursing home moratorium exceptions
necessary to repair or replace nursing
facilities damaged by spring flooding
in 1997. The commissioner may not
issue a request for proposals for
moratorium projects not related to
spring flooding until this expedited
process is completed. For facilities
that require total replacement and the
relocation of residents to other
facilities during construction, the
operating cost payment rates for the
new facility shall be determined using
the interim and settle-up payment
provisions of Minnesota Rules, part
9549.0057, and the reimbursement
provisions of Minnesota Statutes,
section 256B.431, except that
subdivision 25, paragraphs (b), clause
(3), and (d), shall not apply until the
second rate year after the settle-up
cost report is filed. Property-related
reimbursement rates shall be determined
under Minnesota Rules, chapter 9549,
taking into account any federal or
state flood-related loans or grants
provided to a facility. The medical
assistance costs of this paragraph
shall be paid from the amount made
available in section 2 of this article
for moratorium exceptions. This
paragraph is effective the day
following final enactment and is not
subject to section 13 of this article.
Sec. 5. [CORRECTION 30.] Laws 1997, chapter 239, article
3, section 25, is amended to read:
Sec. 25. [REPEALER.]
(a) Minnesota Statutes 1996, sections 119A.30; 145.406;
244.09, subdivision 11a; and 609.684, subdivision 2, are
repealed.
(b) Minnesota Statutes 1996, section 244.09, subdivision
11a, is repealed.
Sec. 6. [CORRECTION 30A.] Laws 1997, chapter 239, article
3, section 26, is amended to read:
Sec. 26. [EFFECTIVE DATE.]
Sections 1 to 20, and 25, paragraph (a), are effective
August 1, 1997, and apply to crimes committed on or after that
date. Sections 21 to 23 are effective August 1, 1997, and apply
to proceedings conducted on or after that date. Section 25,
paragraph (b), is effective August 1, 1997. Section 24 is
effective July 1, 1997.
Sec. 7. [CORRECTION 36.] Minnesota Statutes 1996, section
268.121, as amended by Laws 1997, chapter 74, section 1, is
amended to read:
268.121 [WAGE REPORTING.]
(a) Each employer shall provide the commissioner with a
quarterly wage detail report that shall include for each
employee the employee's name, social security number, the total
wages paid to the employee, and total number of paid hours
worked. For employees exempt from the definition of employee in
section 177.23, subdivision 7, clause (6), the employer shall
report 40 hours worked for each week any duties were performed
by a full-time employee and shall report a reasonable estimate
of the hours worked for each week duties were performed by a
part-time employee. The report is due and must be filed on or
before the last day of the month following the end of the
calendar quarter.
(b) An employer need not include the name of the employee
or other required information on the wage detail report if
disclosure is specifically exempted by federal law.
Sec. 8. [CORRECTION 37.] Minnesota Statutes 1996, section
69.021, subdivision 10, as amended by Laws 1997, chapter 233,
article 1, section 11, and Laws 1997, chapter 241, article 1,
section 7, is amended to read:
Subd. 10. [REDUCTION IN POLICE STATE AID APPORTIONMENT.]
(a) The commissioner of revenue shall reduce the apportionment
of police state aid under subdivisions 5, paragraph (b), 6, and
7a, for eligible employer units by any excess police state aid.
(b) "Excess police state aid" is:
(1) for counties and for municipalities in which police
retirement coverage is provided wholly by the public employees
police and fire fund and all police officers are members of the
plan governed by sections 353.63 to 353.657, the amount in
excess of the employer's total prior calendar year obligation as
defined in paragraph (c), as certified by the executive director
of the public employees retirement association;
(2) for municipalities in which police retirement coverage
is provided in part by the public employees police and fire fund
governed by sections 353.63 to 353.657 and in part by a local
police consolidation account governed by chapter 353A, the
amount in excess of the employer's total prior calendar year
obligation as defined in paragraph (c), plus the amount of the
employer's total prior calendar year obligation under section
353A.09, subdivision 5, paragraphs (a) and (b), as certified by
the executive director of the public employees retirement
association;
(3) for municipalities in which police retirement coverage
is provided in part by the public employees police and fire fund
governed by sections 353.63 to 353.657 and in part by a local
police relief association governed by sections 69.77 and
423A.01, the amount in excess of the employer's total prior
calendar year obligation as defined in paragraph (c), as
certified by the executive director of the public employees
retirement association, plus the amount of the financial
requirements of the relief association certified to the
applicable municipality during the prior calendar year under
section 69.77, subdivisions 2b and 2c, reduced by the amount of
member contributions deducted from the covered salary of the
relief association during the prior calendar year under section
69.77, subdivision 2a, as certified by the chief administrative
officer of the applicable municipality;
(4) for the metropolitan airports commission, if there are
police officers hired before July 1, 1978, with retirement
coverage by the Minneapolis employees retirement fund remaining,
the amount in excess of the commission's total prior calendar
year obligation as defined in paragraph (c), as certified by the
executive director of the public employees retirement
association, plus the amount determined by expressing the
commission's total prior calendar year contribution to the
Minneapolis employees retirement fund under section 422A.101,
subdivisions 2 and 2a, as a percentage of the commission's total
prior calendar year covered payroll for commission employees
covered by the Minneapolis employees retirement fund and
applying that percentage to the commission's total prior
calendar year covered payroll for commission police officers
covered by the Minneapolis employees retirement fund, as
certified by the chief administrative officer of the
metropolitan airports commission; and
(5) for the department of natural resources and for the
department of public safety, the amount in excess of the
employer's total prior calendar year obligation under section
352B.02, subdivision 1c, for plan members who are peace officers
under section 69.011, subdivision 1, clause (g), as certified by
the executive director of the Minnesota state retirement system.
(c) The employer's total prior calendar year obligation
with respect to the public employees police and fire plan is the
total prior calendar year obligation under section 353.65,
subdivision 3, for police officers as defined in section 353.64,
subdivision 2, and the actual total prior calendar year
obligation under section 353.65, subdivision 3, for
firefighters, as defined in section 353.64, subdivision 3, but
not to exceed for those firefighters the applicable following
amount:
municipality maximum amount
Albert Lea $54,157.01
Anoka 10,399.31
Apple Valley 5,442.44
Austin 49,864.73
Bemidji 27,671.38
Brooklyn Center 6,605.92
Brooklyn Park 24,002.26
Burnsville 15,956.00
Cloquet 4,260.49
Coon Rapids 39,920.00
Cottage Grove 8,588.48
Crystal 5,855.00
East Grand Forks 51,009.88
Edina 32,251.00
Elk River 5,216.55
Ely 13,584.16
Eveleth 16,288.27
Fergus Falls 6,742.00
Fridley 33,420.64
Golden Valley 11,744.61
Hastings 16,561.00
Hopkins 4,324.23
International Falls 14,400.69
Lakeville 782.35
Lino Lakes 5,324.00
Little Falls 7,889.41
Maple Grove 6,707.54
Maplewood 8,476.69
Minnetonka 10,403.00
Montevideo 1,307.66
Moorhead 68,069.26
New Hope 6,739.72
North St. Paul 4,241.14
Northfield 770.63
Owatonna 37,292.67
Plymouth 6,754.71
Red Wing 3,504.01
Richfield 53,757.96
Rosemount 1,712.55
Roseville 9,854.51
St. Anthony 33,055.00
St. Louis Park 53,643.11
Thief River Falls 28,365.04
Virginia 31,164.46
Waseca 11,135.17
West St. Paul 15,707.20
White Bear Lake 6,521.04
Woodbury 3,613.00
any other municipality 0.00
(d) The total amount of excess police state aid must be
deposited in the excess police state-aid account in the general
fund, administered and distributed as provided in subdivision 11.
Sec. 9. [CORRECTION 38.] Laws 1997, chapter 200, article
1, section 75, is amended to read:
Sec. 75. [EFFECTIVE DATE.]
Section Sections 35 is and 70 are effective the day
following final enactment.
Sec. 10. [CORRECTION 39.] Laws 1997, chapter 248, section
46, is amended to read:
Sec. 46. [UNLICENSED CHILD CARE PROVIDERS; INTERIM
EXPANSION.]
(a) Notwithstanding Minnesota Statutes, section 245A.03,
subdivision 2, clause (2), until June 30, 1999, nonresidential
child care programs or services that are provided by an
unrelated individual to persons from two or three other
unrelated families are excluded from the licensure provisions of
Minnesota Statutes, chapter 245A, provided that:
(1) the individual provides services at any one time to no
more than four children who are unrelated to the individual;
(2) no more than two of the children are under two years of
age; and
(3) the total number of children being cared for at any one
time does not exceed five.
(b) Paragraph (a), clauses (1) and (2) to (3), do not apply
to nonresidential programs that are provided by an unrelated
individual to persons from a single related family.
Sec. 11. [CORRECTION 40.] Laws 1997, chapter 85, article
1, section 62, is amended to read:
Sec. 62. [DISCONTINUATION OF WAIVERS.]
If the federal government refuses to continue waivers
granted on or before August 11 22, 1996, or if the federal
government refuses to modify such waivers as requested by the
department of human services, then the department of human
services may implement the MFIP-S program in compliance with the
federal mandate until the end of the next legislative session.
The department of human services shall publish its decision to
implement the federal mandate in the State Register and propose
legislation to address the conflict in the next legislative
session.
Sec. 12. [CORRECTION 41.] [REPEALER.]
Minnesota Statutes 1996, section 256.73, subdivisions 1 and
1b, are repealed effective July 1, 1997.
Sec. 13. [CORRECTION 42.] Minnesota Statutes 1996, section
256.045, subdivision 1, as amended by Laws 1997, chapter 85,
article 5, section 6, is amended to read:
Subdivision 1. [HEARING AUTHORITY.] A local agency shall
initiate an administrative fraud disqualification hearing for
individuals accused of wrongfully obtaining assistance or
intentional program violations, in lieu of a criminal
action when it has not been pursued, in the aid to families with
dependent children, MFIP-S, child care, general assistance,
family general assistance, Minnesota supplemental aid, medical
care, or food stamp programs. The hearing is subject to the
requirements of section 256.045 and the requirements in Code of
Federal Regulations, title 7, section 273.16, for the food stamp
program and title 45, section 235.112, as of September 30, 1995,
for the cash grant and medical care programs.
Sec. 14. [CORRECTION 42A.] Minnesota Statutes 1996,
section 256.98, subdivision 1, as amended by Laws 1997, chapter
85, article 5, section 8, is amended to read:
Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person
who commits any of the following acts or omissions with intent
to defeat the purposes of sections 145.891 to 145.897, 256.12,
256.031 to 256.361, 256.72 to 256.871, 256.9351 to 256.966,
child care, MFIP-S, chapter 256B, 256D, 256J, or 256K, or all of
these sections, is guilty of theft and shall be sentenced under
section 609.52, subdivision 3, clauses (1) to (5):
(1) obtains or attempts to obtain, or aids or abets any
person to obtain by means of a willfully false statement or
representation, by intentional concealment of any material fact,
or by impersonation or other fraudulent device, assistance or
the continued receipt of assistance, to include child care or
vouchers produced according to sections 145.891 to 145.897 and
MinnesotaCare services according to sections 256.9351 to
256.966, to which the person is not entitled or assistance
greater than that to which the person is entitled;
(2) knowingly aids or abets in buying or in any way
disposing of the property of a recipient or applicant of
assistance without the consent of the county agency with intent
to defeat the purposes of sections 145.891 to 145.897, 256.12,
256.031 to 256.0361, 256.72 to 256.871, 256.9351 to 256.966,
child care, the MFIP-S, chapter 256B, 256D, 256J, or 256K, or
all of these sections.
The continued receipt of assistance to which the person is
not entitled or greater than that to which the person is
entitled as a result of any of the acts, failure to act, or
concealment described in this subdivision shall be deemed to be
continuing offenses from the date that the first act or failure
to act occurred.
Sec. 15. [CORRECTION 42B.] Minnesota Statutes 1996,
section 256.98, is amended by adding a subdivision to read:
Subd. 9. [WELFARE REFORM COVERAGE.] All references to
MFIP-S or Minnesota family investment program-statewide
contained in sections 256.017, 256.019, 256.045, 256.046, and
256.98 to 256.9866 shall be construed to include all variations
of the Minnesota family investment program including, but not
limited to, chapter 256J, MFIP-S, MFIP-R, and chapter 256K.
Sec. 16. [CORRECTION 50.] Minnesota Statutes 1996, section
62J.54, as amended by Laws 1997, chapter 228, section 2, is
amended to read:
62J.54 [IDENTIFICATION AND IMPLEMENTATION OF UNIQUE
IDENTIFIERS.]
Subdivision 1. [UNIQUE IDENTIFICATION NUMBER FOR HEALTH
CARE PROVIDER ORGANIZATIONS.] (a) Not later than 24 months after
the date on which a unique health identifier for health care
providers is adopted or established under sections 1171 to 1179
of Public Law Number 104-191, 110 Statutes at Large 1936 United
States Code, title 42, sections 1320d to 1320d-8 (1996 and
subsequent amendments), all group purchasers and health care
providers in Minnesota shall use a unique identification number
to identify health care provider organizations, except as
provided in paragraph (b).
(b) Small health plans, as defined by the federal Secretary
of Health and Human Services under section 1175 of Public Law
Number 104-191, 110 Statutes at Large 1936 United States Code,
title 42, section 1320d-4 (1996 and subsequent amendments),
shall use a unique identification number to identify health
provider organizations no later than 36 months after the date on
which a unique health identifier for health care providers is
adopted or established under sections 1171 to 1179 of Public Law
Number 104-191, 110 Statutes at Large 1936 United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments).
(c) The unique health identifier for health care providers
adopted or established by the federal Secretary of Health and
Human Services under sections 1171 to 1179 of Public Law Number
104-191, 110 Statutes at Large 1936 United States Code, title
42, sections 1320d to 1320d-8 (1996 and subsequent amendments),
shall be used as the unique identification number for health
care provider organizations.
(d) Provider organizations required to have a unique health
identifier are:
(1) hospitals licensed under chapter 144;
(2) nursing homes and hospices licensed under chapter 144A;
(3) subacute care facilities;
(4) individual providers organized as a clinic or group
practice;
(5) independent laboratory, pharmacy, surgery, radiology,
or outpatient facilities;
(6) ambulance services licensed under chapter 144;
(7) special transportation services certified under chapter
174; and
(8) other provider organizations as required by the federal
Secretary of Health and Human Services under sections 1171 to
1179 of Public Law Number 104-191, 110 Statutes at Large
1936 United States Code, title 42, sections 1320d to 1320d-8
(1996 and subsequent amendments).
Provider organizations shall obtain a unique health
identifier from the federal Secretary of Health and Human
Services using the process prescribed by the Secretary.
(e) Only the unique health care provider organization
identifier shall be used for purposes of submitting and
receiving claims, and in conjunction with other data collection
and reporting functions.
(f) The commissioner of health may contract with the
federal Secretary of Health and Human Services or the
Secretary's agent to implement this subdivision.
Subd. 2. [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL
HEALTH CARE PROVIDERS.] (a) Not later than 24 months after the
date on which a unique health identifier for health care
providers is adopted or established under sections 1171 to 1179
of Public Law Number 104-191, 110 Statutes at Large 1936 United
States Code, title 42, sections 1320d to 1320d-8 (1996 and
subsequent amendments), all group purchasers and health care
providers in Minnesota shall use a unique identification number
to identify an individual health care provider, except as
provided in paragraph (b).
(b) Small health plans, as defined by the federal Secretary
of Health and Human Services under section 1175 of Public Law
Number 104-191, 110 Statutes at Large 1936 United States Code,
title 42, section 1320d-4 (1996 and subsequent amendments),
shall use a unique identification number to identify an
individual health care provider no later than 36 months after
the date on which a unique health identifier for health care
providers is adopted or established under sections 1171 to 1179
of Public Law Number 104-191, 110 Statutes at Large 1936 United
States Code, title 42, sections 1320d to 1320d-8 (1996 and
subsequent amendments).
(c) The unique health identifier for health care providers
adopted or established by the federal Secretary of Health and
Human Services under sections 1171 to 1179 of Public Law Number
104-191, 110 Statutes at Large 1936 United States Code, title
42, sections 1320d to 1320d-8 (1996 and subsequent amendments),
shall be used as the unique identification number for individual
health care providers.
(d) Individual providers required to have a unique health
identifier are:
(1) physicians licensed under chapter 147;
(2) dentists licensed under chapter 150A;
(3) chiropractors licensed under chapter 148;
(4) podiatrists licensed under chapter 153;
(5) physician assistants as defined under section 147A.01;
(6) advanced practice nurses as defined under section
62A.15;
(7) doctors of optometry licensed under section 148.57;
(8) pharmacists licensed under chapter 151;
(9) individual providers who may bill Medicare for medical
and other health services as defined in United States Code,
title 42, section 1395x(s);
(10) individual providers who are providers for state and
federal health care programs administered by the commissioner of
human services; and
(11) other individual providers as required by the federal
Secretary of Health and Human Services under sections 1171 to
1179 of Public Law Number 104-191, 110 Statutes at Large
1936 United States Code, title 42, sections 1320d to 1320d-8
(1996 and subsequent amendments).
Providers shall obtain a unique health identifier from the
federal Secretary of Health and Human Services using the process
prescribed by the Secretary.
(e) Only the unique individual health care provider
identifier shall be used for purposes of submitting and
receiving claims, and in conjunction with other data collection
and reporting functions.
(f) The commissioner of health may contract with the
federal Secretary of Health and Human Services or the
Secretary's agent to implement this subdivision.
Subd. 3. [UNIQUE IDENTIFICATION NUMBER FOR GROUP
PURCHASERS.] (a) Not later than 24 months after the date on
which a unique health identifier for employers and health plans
is adopted or established under sections 1171 to 1179 of Public
Law Number 104-191, 110 Statutes at Large 1936 United States
Code, title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments), all group purchasers and health care providers in
Minnesota shall use a unique identification number to identify
group purchasers, except as provided in paragraph (b).
(b) Small health plans, as defined by the federal Secretary
of Health and Human Services under section 1175 of Public Law
Number 104-191, 110 Statutes at Large 1936 United States Code,
title 42, section 1320d-4 (1996 and subsequent amendments),
shall use a unique identification number to identify group
purchasers no later than 36 months after the date on which a
unique health identifier for employers and health plans is
adopted or established under sections 1171 to 1179 of Public Law
Number 104-191, 110 Statutes at Large 1936 United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments).
(c) The unique health identifier for health plans and
employers adopted or established by the federal Secretary of
Health and Human Services under sections 1171 to 1179 of Public
Law Number 104-191, 110 Statutes at Large 1936 United States
Code, title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments), shall be used as the unique identification number
for group purchasers.
(d) Group purchasers shall obtain a unique health
identifier from the federal Secretary of Health and Human
Services using the process prescribed by the Secretary.
(e) The unique group purchaser identifier, as described in
this section, shall be used for purposes of submitting and
receiving claims, and in conjunction with other data collection
and reporting functions.
(f) The commissioner of health may contract with the
federal Secretary of Health and Human Services or the
Secretary's agent to implement this subdivision.
Subd. 4. [UNIQUE PATIENT IDENTIFICATION NUMBER.] (a) Not
later than 24 months after the date on which a unique health
identifier for individuals is adopted or established
under sections 1171 to 1179 of Public Law Number 104-191, 110
Statutes at Large 1936 United States Code, title 42, sections
1320d to 1320d-8 (1996 and subsequent amendments), all group
purchasers and health care providers in Minnesota shall use a
unique identification number to identify each patient who
receives health care services in Minnesota, except as provided
in paragraph (b).
(b) Small health plans, as defined by the federal Secretary
of Health and Human Services under section 1175 of Public Law
Number 104-191, 110 Statutes at Large 1936 United States Code,
title 42, section 1320d-4 (1996 and subsequent amendments),
shall use a unique identification number to identify each
patient who receives health care services in Minnesota no later
than 36 months after the date on which a unique health
identifier for individuals is adopted or established under
sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes
at Large 1936 United States Code, title 42, sections 1320d to
1320d-8 (1996 and subsequent amendments).
(c) The unique health identifier for individuals adopted or
established by the federal Secretary of Health and Human
Services under sections 1171 to 1179 of Public Law Number
104-191, 110 Statutes at Large 1936 United States Code, title
42, sections 1320d to 1320d-8 (1996 and subsequent amendments),
shall be used as the unique patient identification number,
except as provided in paragraphs (e) and (f).
(d) The unique patient identification number shall be used
by group purchasers and health care providers for purposes of
submitting and receiving claims, and in conjunction with other
data collection and reporting functions.
(e) Within the limits of available appropriations, the
commissioner shall develop a proposal for an alternate numbering
system for patients who do not have or refuse to provide their
social security numbers, if:
(1) a unique health identifier for individuals is adopted
or established under sections 1171 to 1179 of Public Law Number
104-191, 110 Statutes at Large 1936 United States Code, title
42, sections 1320d to 1320d-8 (1996 and subsequent amendments);
(2) the unique health identifier is the social security
number of the patient;
(3) there is no federal alternate numbering system for
patients who do not have or refuse to provide their social
security numbers; and
(4) federal law or the federal Secretary of Health and
Human Services explicitly allows a state to develop an alternate
numbering system for patients who do not have or refuse to
provide their social security numbers.
(f) If an alternate numbering system is developed under
paragraph (e), patients who use numbers issued by the alternate
numbering system are not required to provide their social
security numbers and group purchasers or providers may not
demand the social security numbers of patients who provide
numbers issued by the alternate numbering system. If an
alternate numbering system is developed under paragraph (e),
group purchasers and health care providers shall establish
procedures to notify patients that they can elect not to have
their social security number used as the unique patient
identifier.
(g) The commissioner of health may contract with the
federal Secretary of Health and Human Services or the
Secretary's agent to implement this subdivision.
Sec. 17. [CORRECTION 53.] Laws 1997, chapter 239, article
1, section 12, subdivision 4, is amended to read:
Subd. 4. Community Services
80,387,000 84,824,000
$225,000 each year is for school-based
probation pilot programs. Of this
amount, $150,000 each year is for
Dakota county and $75,000 each year is
for Anoka county. This is a one-time
appropriation.
$50,000 each year is for the Ramsey
county enhanced probation pilot
project. The appropriation may not be
used to supplant law enforcement or
county probation officer positions, or
correctional services or programs.
This is a one-time appropriation.
$200,000 the first year is for the gang
intervention pilot project. This is a
one-time appropriation.
$50,000 the first year and $50,000 the
second year are is for grants to local
communities to establish and implement
pilot project restorative justice
programs. This is a one-time
appropriation.
$95,000 the first year is for the
Dakota county family group conferencing
pilot project established in Laws 1996,
chapter 408, article 2, section 9.
This is a one-time appropriation.
All money received by the commissioner
of corrections pursuant to the domestic
abuse investigation fee under Minnesota
Statutes, section 609.2244, is
available for use by the commissioner
and is appropriated annually to the
commissioner of corrections for costs
related to conducting the
investigations.
$750,000 each year is for an increase
in community corrections act subsidy
funding. The funding shall be
distributed according to the community
corrections aid formula in Minnesota
Statutes, section 401.10.
$4,000,000 the second year is for
juvenile residential treatment grants
to counties to defray the cost of
juvenile residential treatment. Eighty
percent of this appropriation must be
distributed to noncommunity corrections
act counties and 20 percent must be
distributed to community corrections
act counties. The commissioner shall
distribute the money according to the
formula contained in Minnesota
Statutes, section 401.10. By January
15, counties must submit a report to
the commissioner describing the
purposes for which the grants were used.
$60,000 the first year and $60,000 the
second year are for the electronic
alcohol monitoring of DWI and domestic
abuse offenders pilot program.
$123,000 each year shall be distributed
to the Dodge-Fillmore-Olmsted community
corrections agency and $124,000 each
year shall be distributed to the
Arrowhead regional corrections agency
for use in a pilot project to expand
the agencies' productive day initiative
programs, as defined in Minnesota
Statutes, section 241.275, to include
juvenile offenders who are 16 years of
age and older. This is a one-time
appropriation.
$2,000,000 the first year and
$2,000,000 the second year are for a
statewide probation and supervised
release caseload and workload reduction
grant program. Counties that deliver
correctional services through Minnesota
Statutes, chapter 260, and that qualify
for new probation officers under this
program shall receive full
reimbursement for the officers'
salaries and reimbursement for the
officers' benefits and support as set
forth in the probations standards task
force report, not to exceed $70,000 per
officer annually. Positions funded by
this appropriation may not supplant
existing services. Position control
numbers for these positions must be
annually reported to the commissioner
of corrections.
The commissioner shall distribute money
appropriated for state and county
probation officer caseload and workload
reduction, increased intensive
supervised release and probation
services, and county probation officer
reimbursement according to the formula
contained in Minnesota Statutes,
section 401.10. These appropriations
may not be used to supplant existing
state or county probation officer
positions or existing correctional
services or programs. The money
appropriated under this provision is
intended to reduce state and county
probation officer caseload and workload
overcrowding and to increase
supervision of individuals sentenced to
probation at the county level. This
increased supervision may be
accomplished through a variety of
methods, including but not limited to:
(1) innovative technology services,
such as automated probation reporting
systems and electronic monitoring; (2)
prevention and diversion programs; (3)
intergovernmental cooperation
agreements between local governments
and appropriate community resources;
and (4) traditional probation program
services.
$700,000 the first year and $700,000
the second year are for grants to
judicial districts for the
implementation of innovative projects
to improve the administration of
justice, including, but not limited to,
drug courts, night courts, community
courts, family courts, and projects
emphasizing early intervention and
coordination of justice system
resources in the resolution of cases.
Of this amount, up to $25,000 may be
used to develop a gun education
curriculum under article 2. This is a
one-time appropriation.
During fiscal year 1998, up to $500,000
of unobligated funds available under
Minnesota Statutes, section 401.10,
subdivision 2, from fiscal year 1997
may be used for a court services
tracking system for the counties.
Notwithstanding Minnesota Statutes,
section 401.10, subdivision 2, these
funds are available for use in any
county using the court services
tracking system.
Before the commissioner uses money that
would otherwise cancel to the general
fund for the court services tracking
system, the proposal for the system
must be reviewed by the criminal and
juvenile justice information policy
group.
$52,500 of the amount appropriated to
the commissioner in Laws 1995, chapter
226, article 1, section 11, subdivision
3, for the criterion-related
cross-validation study is available
until January 1, 1998. The study must
be completed by January 1, 1998.
Sec. 18. [CORRECTION 55.] Minnesota Statutes 1996, section
518.6111, subdivision 13, as added by Laws 1997, chapter 203,
article 6, section 48, is amended to read:
Subd. 13. [ORDER TERMINATING INCOME WITHHOLDING.] (a) An
order terminating income withholding must specify the effective
date of the order and reference the initial order or decree that
establishes the support obligation and shall be entered once the
following conditions have been met:
(1) the obligor serves written notice of the application
for termination of income withholding by mail upon the obligee
at the obligee's last known mailing address, and a duplicate
copy of the application is served on the public authority;
(2) the application for termination of income withholding
specifies the event that terminates the support obligation, the
effective date of the termination of the support obligation, and
the applicable provisions of the order or decree that
established the support obligation; and
(3) the application includes the complete name of the
obligor's payor of funds, the business mailing address, the
court action and court file number, and the support and
collections file number, if known.; and
(b) (4) after receipt of the application for termination of
income withholding, the obligee or the public authority fails
within 20 days to request a contested hearing on the issue of
whether income withholding of support should continue clearly
specifying the basis for the continued support obligation and,
ex parte, to stay the service of the order terminating income
withholding upon the obligor's payor of funds, pending the
outcome of the contest contested hearing.
Sec. 19. [CORRECTION 56.] Laws 1997, chapter 203, article
6, section 94, is amended to read:
Sec. 94. [EFFECTIVE DATES.]
(a) Section 1 is effective the day following final
enactment.
(b) Section 3 is effective July 1, 1998.
(c) Sections 72 to 83 are effective July 1, 1998.
(d) Section 75 applies only to judgments docketed on or
after July 1, 1998 October 1, 1997.
Sec. 20. [CORRECTION 57.] Laws 1997, chapter 203, article
1, section 2, subdivision 8, is amended to read:
Subd. 8. Continuing Care and
Community Support Grants
General 1,097,832,000 1,165,926,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Community Services Block Grants
55,641,000 55,641,000
[CSSA TRADITIONAL APPROPRIATION.]
Notwithstanding Minnesota Statutes,
section 256E.06, subdivisions 1 and 2,
the appropriations available under that
section in fiscal years 1998 and 1999
must be distributed to each county
proportionately to the aid received by
the county in calendar year 1996. The
commissioner, in consultation with
counties, shall study the formula
limitations in subdivision 2 of that
section, and report findings and any
recommendations for revision of the
CSSA formula and its formula limitation
provisions to the legislature by
January 15, 1998.
(b) Consumer Support Grants
1,757,000 1,757,000
(c) Aging Adult Service Grants
7,900,000 7,928,000
[OMBUDSMAN FOR OLDER MINNESOTANS.] Of
this appropriation, $150,000 in fiscal
year 1998 and $175,000 in fiscal year
1999 is for the board on aging's
ombudsman for older Minnesotans to
expand its activities relating to home
care services and other
noninstitutional services, and to
develop and implement a continuing
education program for ombudsman
volunteers. This appropriation shall
become part of base-level funding for
the biennium beginning July 1, 1999.
[HEALTH INSURANCE COUNSELING.] (a) Of
this appropriation, $200,000 each year
is for the board on aging for the
purpose of health insurance counseling
and assistance grants to be awarded to
the area agencies on aging.
(b) Of the amount in paragraph (a),
$100,000 per year is for the area
agencies in regions participating in
the current health insurance counseling
pilot program. The remaining funding
shall be distributed on a competitive
basis to area agencies on aging in
other regions based on criteria
developed jointly by the board on aging
and the area agencies on aging.
(c) The board shall explore
opportunities for obtaining alternative
funding from nonstate sources,
including contributions from
individuals seeking health insurance
counseling services.
[LIVING-AT-HOME/BLOCK NURSE PROGRAMS.]
Of this appropriation, $240,000 each
fiscal year is for the commissioner to
provide funding to 12 additional
living-at-home/block nurse programs;
$70,000 for the biennium is for the
commissioner to increase funding for
certain living-at-home/block nurse
programs so that funding for all
programs is at the same level for each
fiscal year; and $50,000 each fiscal
year is for the commissioner to provide
additional contract funding for the
organization awarded the contract for
the living-at-home/block nurse program.
[CONGREGATE AND HOME-DELIVERED MEALS.]
The supplemental funding for nutrition
programs serving counties where
congregate and home-delivered meals
were locally financed prior to
participation in the nutrition program
of the Older Americans Act shall be
awarded at no less than the same levels
as in fiscal year 1997.
[EPILEPSY LIVING SKILLS.] Of this
appropriation, $30,000 each year is for
the purposes of providing increased
funding for the living skills training
program for persons with intractable
epilepsy who need assistance in the
transition to independent living. This
amount must be included in the base
amount for this program.
(d) Deaf and Hard-of-Hearing
Services Grants
1,524,000 1,424,000
[ASSISTANCE DOGS.] Of this
appropriation, $50,000 for the biennium
is for the commissioner to provide
grants to Minnesota nonprofit
organizations that train or provide
assistance dogs for persons with
disabilities. This appropriation shall
not become part of the base for the
biennium beginning July 1, 1999.
[GRANT FOR SERVICES TO DEAF-BLIND
CHILDREN AND PERSONS.] Of this
appropriation, $150,000 for the
biennium is for a grant to an
organization that provides services to
deaf-blind persons. The grant must be
used to provide additional services to
deaf-blind children and their
families. Such services may include
providing intervenors to assist
deaf-blind children in participating in
their communities, and family education
specialists to teach siblings and
parents skills to support the
deaf-blind child in the family. The
commissioner shall use a
request-for-proposal process to award
the grants in this paragraph.
Of this appropriation, $150,000 for the
biennium is for a grant to an
organization that provides services to
deaf-blind persons. The grant must be
used to provide assistance to
deaf-blind persons who are working
towards establishing and maintaining
independence. The commissioner shall
use a request-for-proposal process to
award the grants in this paragraph.
An organization that receives a grant
under this provision may expend the
grant for any purpose authorized by
this provision, and in either year of
the biennium.
[GRANT FOR SERVICES TO DEAF PERSONS
WITH MENTAL ILLNESS.] Of this
appropriation, $100,000 the first year
and $50,000 the second year is for a
grant to a nonprofit agency that
currently serves deaf and
hard-of-hearing adults with mental
illness through residential programs
and supported housing outreach
activities. The grant must be used to
continue or maintain 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.
[ASSESSMENTS FOR DEAF, HARD-OF-HEARING
AND DEAF-BLIND CHILDREN.] Of this
appropriation, $150,000 each year is
for the commissioner to establish a
grant program for deaf, hard-of-hearing
and deaf-blind children in the state.
The grant program shall be used to
provide specialized statewide
psychological and social assessments,
family assessments, and school and
family consultation and training.
Services provided through this program
must be provided in cooperation with
the Minnesota resource center; the
department of children, families, and
learning; the St. Paul-Ramsey health
and wellness program serving deaf and
hard-of-hearing people; and greater
Minnesota community mental health
centers.
(e) Mental Health Grants
48,796,000 49,896,000
[ADOLESCENT COMPULSIVE GAMBLING GRANT.]
$125,000 for fiscal year 1998 and
$125,000 for fiscal year 1999 shall be
transferred by the director of the
lottery from the lottery prize fund
created under Minnesota Statutes,
section 349A.10, subdivision 2, to the
general fund. $125,000 for fiscal year
1998 and $125,000 for fiscal year 1999
is appropriated from the general fund
to the commissioner for the purposes of
a grant to a compulsive gambling
council located in St. Louis county for
a statewide compulsive gambling
prevention and education project for
adolescents.
[CAMP.] Of this appropriation, $30,000
for the biennium is from the mental
health special projects account, for
adults and children with mental illness
from across the state for a camping
program which utilizes the Boundary
Waters Canoe Area and is cooperatively
sponsored by client advocacy, mental
health treatment, and outdoor
recreation agencies.
(f) Developmental Disabilities
Support Grants
6,448,000 6,398,000
(g) Medical Assistance Long-Term
Care Waivers and Home Care
249,512,000 299,186,000
[COUNTY WAIVERED SERVICES RESERVE.]
Notwithstanding the provisions of
Minnesota Statutes, section 256B.092,
subdivision 4, and Minnesota Rules,
part 9525.1830, subpart 2, the
commissioner may approve written
procedures and criteria for the
allocation of home- and community-based
waivered services funding for persons
with mental retardation or related
conditions which enables a county to
maintain a reserve resource account.
The reserve resource account may not
exceed five percent of the county
agency's total annual allocation of
home- and community-based waivered
services funds. The reserve may be
utilized to ensure the county's ability
to meet the changing needs of current
recipients, to ensure the health and
safety needs of current recipients, or
to provide short-term emergency
intervention care to eligible waiver
recipients.
[REIMBURSEMENT INCREASES.] (a)
Effective for services rendered on or
after July 1, 1997, the commissioner
shall increase reimbursement or
allocation rates by five percent, and
county boards shall adjust provider
contracts as needed, for home and
community-based waiver services for
persons with mental retardation or
related conditions under Minnesota
Statutes, section 256B.501; home and
community-based waiver services for the
elderly under Minnesota Statutes,
section 256B.0915; community
alternatives for disabled individuals
waiver services under Minnesota
Statutes, section 256B.49; community
alternative care waiver services under
Minnesota Statutes, section 256B.49;
traumatic brain injury waiver services
under Minnesota Statutes, section
256B.49; nursing services and home
health services under Minnesota
Statutes, section 256B.0625,
subdivision 6a; personal care services
and nursing supervision of personal
care services under Minnesota Statutes,
section 256B.0625, subdivision 19a;
private duty nursing services under
Minnesota Statutes, section 256B.0625,
subdivision 7; day training and
habilitation services for adults with
mental retardation or related
conditions under Minnesota Statutes,
sections 252.40 to 252.47; physical
therapy services under Minnesota
Statutes, sections 256B.0625,
subdivision 8, and 256D.03, subdivision
4; occupational therapy services under
Minnesota Statutes, sections 256B.0625,
subdivision 8a, and 256D.03,
subdivision 4; speech-language therapy
services under Minnesota Statutes,
section 256D.03, subdivision 4, and
Minnesota Rules, part 9505.0390;
respiratory therapy services provided
in an outpatient or clinic setting
under Minnesota Statutes, section
sections 256B.0625, subdivision 4, and
256D.03, subdivision 4, and Minnesota
Rules, part 9505.0295; dental services
under Minnesota Statutes, sections
256B.0625, subdivision 9, and 256D.03,
subdivision 4, except that this
increase does not apply to dental
services provided under the
MinnesotaCare program and the
provisions of Minnesota Statutes,
section 256.9362, subdivision 1, do not
apply; alternative care services under
Minnesota Statutes, section 256B.0913;
adult residential program grants under
Minnesota Rules, parts 9535.2000 to
9535.3000; adult and family community
support grants under Minnesota Rules,
parts 9535.1700 to 9535.1760; and
semi-independent living services under
Minnesota Statutes, section 252.275,
including SILS funding under county
social services grants formerly funded
under Minnesota Statutes, chapter
256I. The commissioner shall also
increase prepaid medical assistance
program capitation rates as appropriate
to reflect the rate increases in this
paragraph. Section 13, sunset of
uncodified language, does not apply to
this paragraph.
(b) It is the intention of the
legislature that the compensation
packages of staff within each service
be increased by five percent.
(h) Medical Assistance Long-Term
Care Facilities
570,291,000 598,115,000
[ICF/MR AND NURSING FACILITY
INFLATION.] The commissioner shall
grant inflation adjustments for nursing
facilities with rate years beginning
during the biennium according to
Minnesota Statutes, section 256B.431,
and shall grant inflation adjustments
for intermediate care facilities for
persons with mental retardation or
related conditions with rate years
beginning during the biennium according
to Minnesota Statutes, section 256B.501.
[MORATORIUM EXCEPTIONS.] Of this
appropriation, $500,000 each year shall
be disbursed for the medical assistance
costs of moratorium exceptions approved
by the commissioner of health under
Minnesota Statutes, section 144A.073.
Unexpended money appropriated for
fiscal year 1998 does not cancel but is
available for fiscal year 1999.
(i) Alternative Care Grants
General 48,355,000 32,278,000
[PREADMISSION SCREENING TRANSFER.]
Effective the day following final
enactment, up to $40,000 of the
appropriation for preadmission
screening and alternative care for
fiscal year 1997 may be transferred to
the health care administration account
to pay the state's share of county
claims for conducting nursing home
assessments for persons with mental
illness or mental retardation as
required by Public Law Number 100-203.
[ALTERNATIVE CARE TRANSFER.] Any money
allocated to the alternative care
program that is not spent for the
purposes indicated does not cancel but
shall be transferred to the medical
assistance account.
[PREADMISSION SCREENING AMOUNT.] The
preadmission screening payment to all
counties shall continue at the payment
amount in effect for fiscal year 1997.
[PAS/AC APPROPRIATION.] The
commissioner may expend the money
appropriated for preadmission screening
and the alternative care program for
these purposes in either year of the
biennium.
(j) Group Residential Housing
General 65,974,000 69,562,000
(k) Chemical Dependency
Entitlement Grants
General 36,634,000 38,741,000
[CHEMICAL DEPENDENCY FUNDS TRANSFER.]
$11,340,000 from the consolidated
chemical dependency general reserve
fund available in fiscal year 1998 is
transferred to the general fund.
(l) Chemical Dependency
Nonentitlement Grants
General 5,000,000 5,000,000
Sec. 21. [CORRECTION 58.] Minnesota Statutes 1996, section
254B.03, subdivision 1, as amended by Laws 1997, chapter 203,
article 7, section 17, is amended to read:
Subdivision 1. [LOCAL AGENCY DUTIES.] (a) Every local
agency shall provide chemical dependency services to persons
residing within its jurisdiction who meet criteria established
by the commissioner for placement in a chemical dependency
residential or nonresidential treatment service. Chemical
dependency money must be administered by the local agencies
according to law and rules adopted by the commissioner under
sections 14.001 to 14.69.
(b) In order to contain costs, the county board shall, with
the approval of the commissioner of human services, select
eligible vendors of chemical dependency services who can provide
economical and appropriate treatment. Unless the local agency
is a social services department directly administered by a
county or human services board, the local agency shall not be an
eligible vendor under section 254B.05. The commissioner may
approve proposals from county boards to provide services in an
economical manner or to control utilization, with safeguards to
ensure that necessary services are provided. If a county
implements a demonstration or experimental medical services
funding plan, the commissioner shall transfer the money as
appropriate. If a county selects a vendor located in another
state, the county shall ensure that the vendor is in compliance
with the rules governing licensure of programs located in the
state.
(c) For the biennium ending June 30, 1999, The calendar
year 1998 rate for vendors may not increase more than three
percent above the rate approved on in effect on January 1,
1997. The calendar year 1999 rate for vendors may not increase
more than three percent above the rate in effect on January 1,
1998.
(d) A culturally specific vendor that provides assessments
under a variance under Minnesota Rules, part 9530.6610, shall be
allowed to provide assessment services to persons not covered by
the variance.
Sec. 22. [CORRECTION 65.] Laws 1997, chapter 200, article
1, section 5, subdivision 4, is amended to read:
Subd. 4. Workforce Preparation
16,922,000 9,079,000
Summary by Fund
General 16,147,000 8,304,000
Special Revenue 775,000 775,000
$775,000 the first year and $775,000
the second year is for job training
programs under Minnesota Statutes,
sections 268.60 to 268.64.
Notwithstanding Minnesota Statutes,
section 268.022, this appropriation is
from the workforce investment fund. Of
this amount, $250,000 each year is for
grants to the Ramsey county
opportunities industrialization
center. The grants are to be used to
(1) offer prevocational training
programs and specific vocational
training programs involving intensive
English as a second language in
instruction, and (2) train for and
locate entry level jobs including,
without limitation, clerical, building
maintenance, manufacturing, home
maintenance and repair, and certified
nursing assistance.
$1,815,000 the first year and
$1,817,000 the second year is for
displaced homemaker programs under
Minnesota Statutes, section 268.96.
$1,050,000 the first year and
$1,050,000 the second year is for youth
intervention programs under Minnesota
Statutes, section 268.30. Funding from
this appropriation may be used to
expand existing programs to serve unmet
needs and to create new programs in
underserved areas. This appropriation
is available until spent.
$1,500,000 the first year and
$1,500,000 the second year is to
supplement the activities of the Job
Training Partnership Act Title II-A
program as described in United States
Code, title 29, sections 1501 to 1792.
The commissioner may use up to five
percent of this amount of state
operations. The balance of the amount
is for services to temporary assistance
for needy families (TANF) recipients.
This is a one-time appropriation and
may not be included in the budget base
for the biennium ending June 30, 2001.
$75,000 the first year is for the PLATO
education partnership pilot program.
If the commissioner favorably evaluates
the demonstration implementation of
PLATO in Fairmont and Owatonna, the
commissioner shall select two other
communities in which PLATO will be
implemented. Of this amount, not more
than $10 is for the demonstration
implementations. This appropriation is
available until June 30, 1999. This is
a one-time appropriation and may not be
included in the agency's budget base
for the biennium ending June 30, 2001.
$250,000 the first year and $250,000
the second year is for the learn to
earn summer youth employment program
established under Laws 1995, chapter
224, sections 5 and 39. This
appropriation is available until spent.
$10,000 the first year and $10,000 the
second year are for one-time grants to
independent school district No. 2752,
Fairmont, for community initiatives.
Of the money appropriated for the
summer youth program for the first
year, $750,000 is immediately
available. Any remaining balance of
the immediately available money is
available for the year in which it is
appropriated. In addition to the base
appropriation, $6,000,000 the first
year is for the summer youth program.
If the appropriation in either year is
insufficient, the appropriation for the
other year is available.
$700,000 the first year and $700,000
the second year is for the Youthbuild
program under Minnesota Statutes,
sections 268.361 to 268.366. A
Minnesota YOUTHBUILD program funded
under this section as authorized in
Minnesota Statutes, sections 268.361 to
268.367, qualifies as an approved
training program under Minnesota Rules,
part 5200.0930, subpart 1.
$250,000 the first year is for a
one-time grant to the displaced
homemaker program in the department of
economic security and $125,000 the
first year and $125,000 the second year
are for one-time grants to the St. Paul
district 5 planning council. These
grants are to operate a community work
empowerment support group demonstration
project. A project consists of
empowerment groups of individuals that
are in the process of obtaining or have
obtained jobs, including those in the
welfare-to-work programs, or are
working out problems of attaining
self-sufficiency. The groups must
separately meet at least monthly for at
least two hours. Each group meeting
must include empower mentors whose
responsibility will be to conduct the
meeting. Group members must be paid at
least $20 for each meeting attended.
The sites will report to the
commissioner on a semiannual basis
regarding the progress achieved at the
meetings. The purpose of the group is
to:
(1) share information among group
members as to the successes and
problems encountered in the
individual's employment goals;
(2) provide a forum for individuals
involved in moving to self-sufficiency
to share their experiences and
strategies and to support and empower
each other; and
(3) to provide feedback to the
commissioner concerning the best
strategies to achieve the empowerment
support group's objectives.
Notwithstanding Minnesota Statutes,
section 268.022, subdivision 2, the
commissioner of finance shall transfer
to the general fund from the dedicated
fund $3,500,000 in the first year and
$3,500,000 in the second year of the
money collected through the special
assessment established in Minnesota
Statutes, section 268.022, subdivision
1.
$30,000 $15,000 the first year and
$15,000 the second year is for a grant
to the city of Champlin for creating
and expanding curfew enforcement. The
program must have clearly established
neighborhood, community, and family
measures of success and must report to
the commissioner of economic security
on the achievement of these outcomes on
or before June 30, 1998.
$250,000 the first year is for a
one-time grant to Ramsey county to
expand the sister-to-sister mentoring,
support, and training network program
countywide. This appropriation is in
addition to money appropriated under
Minnesota Statutes, sections 256J.62
and 256J.76.
$500,000 is for a grant to the center
for victims of torture to design and
develop training to educate health care
and human service workers on levels of
sensitive care and how to make
referrals and to establish a network of
care providers to do pro bono care for
torture survivors so as to enable a
rapid integration into communities and
labor markets by torture victims. This
is a one-time appropriation requiring a
one-to-one nonstate, in-kind match, and
is available until expended.
Sec. 23. [CORRECTION 68.] Laws 1995, chapter 248, article
13, section 4, subdivision 2, is amended to read:
Subd. 2. [PILOT PROJECT.] Notwithstanding any law to the
contrary, the governor shall designate an executive agency that,
during the biennium ending department of transportation, until
June 30, 1997 1998, is exempt from any law, rule, or
administrative procedure that requires approval of the
commissioner of administration before an agency enters into a
contract. The agency selected in this subdivision must
establish a process for obtaining goods and services that
complies with the policies in subdivision 1. The process must
include guidelines to prevent conflicts of interest for agency
employees involved in developing bid specifications or
proposals, evaluating bids or proposals, entering into
contracts, or evaluating the performance of a contractor. The
guidelines must attempt to ensure that such an employee:
(1) does not have any financial interest in and does not
personally benefit from the contract;
(2) does not accept from a contractor or bidder any
promise, obligation, contract for future reward, or gift, other
than an item of nominal value; and
(3) does not appear to have a conflict of interest because
of a family or close personal relationship to a contractor or
bidder, or because of a past employment or business relationship
with a contractor or bidder.
Upon request of the agency, the department of
administration shall provide the agency technical assistance in
designing such a process.
Sec. 24. [CORRECTION 33.] Laws 1997, chapter 231, article
3, section 3, 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) for unreimbursed expenses related to flooding that
occurred during the first half of calendar year 1997, as allowed
by the commissioner of revenue under section 275.74, paragraph
(b);
(6) for local units of government located in an area
designated by the Federal Emergency Management Agency pursuant
to a major disaster declaration issued for Minnesota by
President Clinton after April 1, 1997, and before April 21 June
11, 1997, for the amount of tax dollars lost due to abatements
authorized under section 273.123, subdivision 7, and Laws 1997,
chapter 231, article 2, section 64, to the extent that they are
related to the major disaster and to the extent that neither the
state or federal government reimburses the local government for
the amount lost;
(7) property taxes approved by voters which are levied
against the referendum market value as provided under section
275.61;
(8) 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 1997, or (ii) it is a new matching requirement
that didn't exist prior to 1998; and
(9) 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, paragraph (b).
Sec. 25. [CORRECTION 34.] Laws 1997, chapter 231, article
3, section 4, subdivision 2, is amended to read:
Subd. 2. [LEVY LIMIT BASE.] (a) The levy limit base for a
local governmental unit for taxes levied in 1997 shall be equal
to the sum of:
(1) the amount the local governmental unit levied in 1996,
less any amount levied for debt, as reported to the department
of revenue under section 275.62, subdivision 1, clause (1), and
less any tax levied in 1996 against market value as provided for
in section 275.61;
(2) the amount of aids the local governmental unit was
certified to receive in calendar year 1997 under sections
477A.011 to 477A.03 before any reductions for state tax
increment financing aid under section 273.1399, subdivision 5;
(3) the amount of homestead and agricultural credit aid the
local governmental unit was certified to receive under section
273.1398 in calendar year 1997 before any reductions for tax
increment financing aid under section 273.1399, subdivision 5;
(4) the amount of local performance aid the local
governmental unit was certified to receive in calendar year 1997
under section 477A.05; and
(5) the amount of any payments certified to the local
government unit in 1997 under sections 298.28 and 298.282; and.
(6) the amount of any adjustments authorized under section
275.72.
If a governmental unit was not required to report under
section 275.62 for taxes levied in 1997, the commissioner shall
request information on levies used for debt from the local
governmental unit and adjust its levy limit base accordingly.
(b) The levy limit base for a local governmental unit for
taxes levied in 1998 is limited to its adjusted levy limit base
in the previous year, subject to any adjustments under section
275.72.
Sec. 26. [CORRECTION 34A.] Laws 1997, chapter 231, article
3, section 4, subdivision 3, is amended to read:
Subd. 3. [ADJUSTED LEVY LIMIT BASE.] For taxes levied in
1997 and 1998, the adjusted levy limit is equal to the levy
limit base computed under subdivision 2 or section 275.72,
multiplied by:
(1) one plus a percentage equal to the percentage growth in
the implicit price deflator; and
(2) for all cities and for counties outside of the
seven-county metropolitan area, one plus a percentage equal to
the percentage increase in number of households, if any, for the
most recent 12-month period for which data is available; and
(3) for counties located in the seven-county metropolitan
area, one plus a percentage equal to the greater of the
percentage increase in the number of households in the county or
the percentage increase in the number of households in the
entire seven-county metropolitan area for the most recent
12-month period for which data is available.
Sec. 27. [CORRECTION 34B.] Laws 1997, chapter 231, article
3, section 5, subdivision 2, is amended to read:
Subd. 2. [ADJUSTMENTS FOR ANNEXATION.] If a local
governmental unit increases its tax base through annexation of
an area which is not the area of an entire local governmental
unit, the levy limit base of the local governmental unit in the
first year in which the annexation is effective shall be equal
to its adjusted levy limit base from the previous established
before the adjustment under section 275.71, subdivision 3, for
the current levy year multiplied by the ratio of the net tax
capacity in the local governmental unit after the annexation
compared to its net tax capacity before the annexation.
Sec. 28. [CORRECTION 35.] Laws 1997, chapter 231, article
8, section 16, is amended to read:
Sec. 16. [USE OF PRODUCTION TAX PROCEEDS.]
The amount distributed to the iron range resources and
rehabilitation board under Minnesota Statutes, section 298.28,
subdivision 7, that is attributable to the tax increase due to
the implicit price deflator increase as provided in Minnesota
Statutes, section 298.24, subdivision 1, paragraph (c), for
concentrates produced in 1997 shall be distributed to the iron
range resources and rehabilitation board and used by the board
to make a grant to the city of Hoyt Lakes to be used for the
establishment of an industrial park in the city.
Sec. 29. [CORRECTION 45.] Laws 1997, chapter 162, article
2, section 31, subdivision 9, is amended to read:
Subd. 9. [DRUG POLICY AND VIOLENCE PREVENTION PROGRAMS.]
For drug policy, violence prevention, and family visitation
programs:
$3,000,000 ..... 1998
$3,000,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
$197,000 is appropriated from the state government special
revenue fund to the commissioner of children, families, and
learning for visitation facilities under Minnesota Statutes,
sections 256F.09 and 517.08, subdivision 1c. $96,000 is
available for the fiscal year beginning July 1, 1997, and
$96,000 is available for the fiscal year beginning July 1, 1998.
Any balance in the first year does not cancel, but is
available in the second year.
Up to $400,000 each year is for grants for mentoring
at-risk youth. Of the fiscal year 1998 appropriation, up to
$138,000 and of the fiscal year 1999 appropriation up to
$100,000 is for grants under Laws 1995, chapter 226, article 3,
section 62.
Up to $75,000 each year is for grants to community-based
violence prevention councils.
Sec. 30. [CORRECTION 51.] Minnesota Statutes 1996, section
119A.04, subdivision 6, as amended by Laws 1997, chapter 162,
article 3, section 2, is amended to read:
Subd. 6. [FUNDING FOR TRANSFERRED PROGRAMS.] State
appropriations for programs transferred under this section may
not be used to replace appropriations for K-12 programs. State
and federal appropriations for programs under section 119A.15,
subdivision 5a, transferred from the department of economic
security, may not be used to replace, supplement, or supplant
federal or state appropriations for any other program in the
department.
Sec. 31. [CORRECTION 59A.] Laws 1997, chapter 84, article
3, section 9, is amended to read:
Sec. 9. [EFFECTIVE DATE.]
Section 1 is effective for refund claims filed for bad
debts recognized for federal income tax purposes after June 30,
1997.
Section 2 is effective for returns filed after January 1,
1998.
Sections 3 to 4, 5, and 8 are effective July 1, 1997.
Section 3 is effective for sales made or leases entered
into after June 30, 1997.
Sections 6 and 7 are effective for sales and purchases
occurring after June 30, 1997.
Sec. 32. [CORRECTION 59B.] Laws 1997, chapter 106, article
1, section 19, is amended to read:
Sec. 19. [297F.19] [CIVIL PENALTIES.]
Subdivision 1. [CIVIL ACTION; GENERAL RULE.] The
commissioner may recover the amount of any tax due and unpaid
under this chapter, as well as interest, and any penalty in a
civil action. The collection of the tax, interest, or penalty
is not a bar to any prosecution under this chapter.
Subd. 2. [PENALTY FOR FAILURE TO PAY TAX.] If a tax
imposed by this chapter is not paid within the time specified
for payment, a penalty is added to the amount required to be
shown as tax. The penalty is five percent of the tax not paid
on or before the date specified for payment of the tax if the
failure is for not more than 30 days, with an additional penalty
of five percent of the amount of tax remaining unpaid during
each additional 30 days or fraction of 30 days during which the
failure continues, not exceeding 15 percent in the aggregate.
Subd. 3. [PENALTY FOR FAILURE TO MAKE AND FILE RETURN.] If
a taxpayer fails to make and file a return within the time
prescribed, including an extension, a penalty of five percent of
the amount of tax not timely paid is added to the tax.
Subd. 4. [COMBINED PENALTIES.] When penalties are imposed
under subdivisions 2 and 3, the penalties imposed under both
subdivisions combined must not exceed 38 20 percent in the
aggregate.
Subd. 5. [PENALTY FOR INTENTIONAL DISREGARD OF LAW OR
RULES.] If part of an additional assessment is due to negligence
or intentional disregard of the provisions of the applicable tax
laws or rules of the commissioner, but without intent to
defraud, there must be added to the tax an amount equal to ten
percent of the additional assessment.
Subd. 6. [PENALTY FOR REPEATED FAILURES TO FILE RETURNS OR
PAY TAXES.] If there is a pattern by a person of repeated
failures to timely file returns or timely pay taxes, and written
notice is given that a penalty will be imposed if such failures
continue, a penalty of 25 percent of the amount of the tax not
timely paid as a result of each such subsequent failure is added
to the tax. The penalty can be abated under the abatement
authority in section 270.07, subdivisions 1, paragraph (e), and
6.
Subd. 7. [PENALTY FOR FALSE OR FRAUDULENT RETURN;
EVASION.] If a person files a false or fraudulent return, or
attempts in any manner to evade or defeat a tax or payment of
tax, there is imposed on the person a penalty equal to 50
percent of the tax due for the period to which the return
related, less amounts paid by the person on the basis of the
false or fraudulent return.
Subd. 8. [PAYMENT OF PENALTIES.] The penalties imposed by
this section are collected and paid in the same manner as taxes.
Subd. 9. [PENALTIES ARE ADDITIONAL.] The civil penalties
imposed by this section are in addition to the criminal
penalties imposed by this chapter.
Sec. 33. [CORRECTION 59C.] Laws 1997, chapter 231, article
7, section 47, is amended to read:
Sec. 47. [EFFECTIVE DATES.]
Section 1 is effective for refund claims filed after June
30, 1997.
Sections 2, 6, 7, 9, 13, 15, 16, 17, 18, 20, 21, 25, 31,
and 32 are effective for purchases, sales, storage, use, or
consumption occurring after June 30, 1997.
Section 3 is effective on July 1, 1997, or upon adoption of
the corresponding rules, whichever occurs earlier with the
applicable refunds being retroactive to July 1, 1997.
Section 4, paragraph (i), clause (iv), is effective for
purchases and sales occurring after September 30, 1987; the
remainder of section 4 is effective for purchases and sales
occurring after June 30, 1997.
Section 5, paragraph (h), is effective for purchases and
sales occurring after June 30, 1997, and paragraph (i) is
effective for purchases and sales occurring after December 31,
1992.
Sections 8 and 46 are effective July 1, 1998.
Sections 10 and 22 are effective for purchases, sales,
storage, use, or consumption occurring after August 31, 1996.
Sections 11, 12, 33, 34, and 35 are effective July 1, 1997.
Sections 14 and 19 are effective for purchases and sales
after June 30, 1999.
Section 23 is effective January 1, 1997.
Section 24 is effective for purchases, sales, storage, use,
or consumption occurring after April 30, 1997.
Sections 26 and 45 are effective for purchases, sales,
storage, use, or consumption occurring after July 31, 1997, and
before August 1, 2003.
Section 27 is effective for purchases, sales, storage, use,
or consumption occurring after May 31, 1997.
Section 28 is effective for sales made after December 31,
1989, and before January 1, 1997. The provisions of Minnesota
Statutes, section 289A.50, apply to refunds claimed under
section 28. Refunds claimed under section 28 must be filed by
the later of December 31, 1997, or the time limit under
Minnesota Statutes, section 289A.40, subdivision 1.
Section 29 is effective for sales or first use after May
31, 1997, and before June 1, 1998.
Sections 30, 42, and 43 are effective the day following
final enactment.
Sections 36 to 39 are effective the day after compliance by
the governing body of Cook county with Minnesota Statutes,
section 645.021, subdivision 3.
Section 40 is effective for STAR funds collected after June
30, 1997.
Sec. 34. [CORRECTION 59D.] Minnesota Statutes 1996,
section 273.126, subdivision 2, as added by Laws 1997, chapter
231, article 1, section 4, is amended to read:
Subd. 2. [INCOME LIMITS.] (a) In order to qualify under
class 4d, a unit must be occupied by an individual or
individuals whose income is at or below 60 percent of the median
area gross income. If the resident's income met the requirement
when the resident first occupied the unit, the income of the
resident continues to qualify. If an individual first occupied
a unit before January 1, 1998, the individual's income for
purposes of the preceding sentence is the income for calendar
year 1996.
(b) For purposes of this section, "median area gross income"
means the greater of (1) the median gross income for the area
determined under section 42 of the Internal Revenue Code of
1986, as amended through December 31, 1996, or (2) the median
gross income for the state.
(c) The median gross income must be adjusted for family
size.
(d) Vacant units qualify as meeting the requirements of
this subdivision in the same proportion that total units in the
building are subject to rent restriction agreements under
subdivision 3 and meet minimum housing standards under
subdivision 4. This paragraph applies only to the extent that
units subject to a rent restriction agreement and meeting the
minimum housing quality standards are vacant.
(e) The owner or manager of the property may comply with
this subdivision by obtaining written statements from the
residents that their incomes are at or below the limit.
Sec. 35. [CORRECTION 59E.] Laws 1997, chapter 231, article
1, section 16, is amended to read:
Sec. 16. [PROPERTY TAX REBATE.]
(a) A credit is allowed against the tax imposed on an
individual under Minnesota Statutes, chapter 290 equal to 20
percent of the qualified property tax paid in calendar year 1997
for taxes assessed in 1996. The credit is allowed only to the
individual and spouse, if any, who paid the tax, whether
directly, through an escrow arrangement, or under a contractual
agreement for the purchase or sale of the property, and without
regard to whether the individual qualifies as a claimant under
Minnesota Statutes, chapter 290A.
(b) For property owned and occupied by the taxpayer,
qualified tax means property taxes payable as defined in
Minnesota Statutes, section 290A.03, subdivision 13, assessed in
1996 and payable in 1997.
(c) For a renter, the qualified property tax means the
amount of rent constituting property taxes under Minnesota
Statutes, section 290A.03, subdivision 11, based on rent paid in
1997. If two or more renters could be claimants under Minnesota
Statutes, chapter 290A with regard to the rent constituting
property taxes, the rules under Minnesota Statutes, section
290A.03, subdivision 8, paragraph (f), applies to determine the
amount of the credit for the individual.
(d) For an individual who both owned and rented principal
residences in calendar year 1997, qualified taxes are the sum of
the amounts under paragraphs (a) and (b).
(e) If the amount of the credit under this subdivision
exceeds the taxpayer's tax liability under this chapter, the
commissioner shall refund the excess.
(f) To claim a credit under this subdivision, the taxpayer
must attach a copy of the property tax statement and certificate
of rent paid, as applicable, and provide any additional
information the commissioner requires.
(g) An amount sufficient to pay refunds under this
subdivision is appropriated to the commissioner from the general
fund.
(h) This credit applies to taxable years beginning after
December 31, 1996, and before January 1, 1998.
(i) Payment of the credit under this section is subject to
Minnesota Statutes, chapter 270A, and any other provision
applicable to refunds under Minnesota Statutes, chapter 290.
Sec. 36. [CORRECTION 59F.] Laws 1997, chapter 231, article
1, section 19, subdivision 1, is amended to read:
Subdivision 1. [TIF GRANTS.] (a) The commissioner of
revenue shall pay grants to municipalities for deficits in tax
increment financing districts caused by the changes in class
rates under this act. Municipalities must submit applications
for the grants in a form prescribed by the commissioner by no
later than March 1 for grants payable during the calendar year.
The maximum grant equals the lesser of:
(1) for taxes payable in the year before the grant is paid,
the reduction in the tax increment financing district's revenues
derived from increment resulting from the class rate changes in
this article; or
(2) the municipality's total tax increments, including
unspent increments from previous years, less the amount due
during the calendar year to pay (i) bonds issued and sold before
the day following final enactment of this act and (ii) binding
contracts entered into before the day following final enactment
of this act, less the municipality's total tax increments,
including unspent increments from previous years.
(b) The commissioner of revenue may require applicants for
grants or pooling authority under this section to provide any
information the commissioner deems appropriate. The
commissioner shall calculate the amount under paragraph (a),
clause (2), based on the reports for the tax increment financing
district or districts filed with the state auditor on or before
July 1 of the year before the year in which the grant is to be
paid.
(c) This subdivision applies only to deficits in tax
increment financing districts for which:
(1) the request for certification was made before the
enactment date of this act; and
(2) all timely reports have been filed with the state
auditor, as required by Minnesota Statutes, section 469.175.
(d) The commissioner shall pay the grants under this
subdivision by December 26 of the year.
(e) $2,000,000 is appropriated to the commissioner of
revenue to make grants under this section. This appropriation
is available until expended or this section expires under
subdivision 3, whichever is earlier. If the amount of grant
entitlements for a year exceed the appropriation, the
commissioner shall reduce each grant proportionately so the
total equals the amount available.
Sec. 37. [CORRECTION 59G.] Minnesota Statutes 1996,
section 270.60, subdivision 4, as added by Laws 1997, chapter
231, article 16, section 6, is amended to read:
Subd. 4. [PAYMENTS TO COUNTIES.] (a) The commissioner
shall pay to a qualified county in which an Indian gaming casino
is located ten percent of the state share of all taxes generated
from activities on reservations and collected under a tax
agreement under this section with the tribal government for the
reservation located in the county. If the tribe has casinos
located in more than one county, the payment must be divided
equally among the counties in which the casinos are located.
(b) A county qualifies for payments under this subdivision
only if one of the following conditions is met:
(1) the county's per capita income is less than 80 percent
of the state per capita personal income, based on the most
recent estimates made by the United States Bureau of Economic
Analysis; or
(2) 30 percent or more of the total market value of real
property in the county is exempt from ad valorem taxation.
(c) The commissioner shall make the payments required under
this subdivision by February 28 of the year following the year
the taxes are collected.
(d) An amount sufficient to make the payments authorized by
this subdivision, not to exceed $1,100,000 in any fiscal year,
is annually appropriated from the general fund to the
commissioner. If the authorized payments exceed the amount of
the appropriation, the commissioner shall proportionately reduce
the rate so that the total amount equals the appropriation.
Sec. 38. [CORRECTION 59I.] Minnesota Statutes 1996,
section 124.239, subdivision 5, as amended by Laws 1997, chapter
231, article 1, section 2, is amended to read:
Subd. 5. [LEVY AUTHORIZED.] A district, after local board
approval, may levy for costs related to an approved facility
plan as follows:
(a) if the district has indicated to the commissioner that
bonds will be issued, the district may levy for the principal
and interest payments on outstanding bonds issued according to
subdivision 3 after reduction for any alternative facilities aid
received receivable under subdivision 5 5a; or
(b) if the district has indicated to the commissioner that
the plan will be funded through levy, the district may levy
according to the schedule approved in the plan.
Sec. 39. Minnesota Statutes 1996, section 124.239,
subdivision 5a, as added by Laws 1997, chapter 231, article 1,
section 3, is amended to read:
Subd. 5a. [ALTERNATIVE FACILITIES AID.] A district's
alternative facilities aid is the amount equal to the district's
annual debt service costs qualifying for aid under subdivision
3a, provided that the amount does not exceed the amount
certified to be levied for those purposes for taxes payable in
1997.
Sec. 40. Minnesota Statutes 1996, section 124.239, is
amended by adding a subdivision to read:
Subd. 5b. [ALTERNATIVE FACILITIES APPROPRIATION.] (a) An
amount not to exceed $17,000,000 is appropriated from the
general fund to the commissioner of children, families, and
learning for fiscal year 2000 and each year thereafter for
payment of alternative facilities aid under subdivision 5a. The
2000 appropriation includes $1,700,000 for 1999 and $15,300,000
for 2000.
(b) The appropriation 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. 41. [REPEALER.]
Laws 1997, chapter 231, article 1, section 1, is repealed.
Sec. 42. [CORRECTION 59J.] Minnesota Statutes 1996,
section 297A.25, subdivision 71, as added by Laws 1997, chapter
231, article 7, section 28, is amended to read:
Subd. 71. [FIREWOOD.] The gross receipts from the sale of
and the storage, use, or consumption of wood used for fires for
heating, cooking, or any other purpose, except for the
generation of electricity, steam, or heat to be sold at retail,
are exempt.
Sec. 43. [CORRECTION 59K.] Laws 1997, chapter 231, article
2, section 65, is amended to read:
Sec. 65. [DISASTER AREA; DUE DATE EXTENDED FOR BUSINESS
PROPERTY TAXES.]
(a) Notwithstanding Minnesota Statutes, section 279.01,
subdivision 1, a penalty shall not accrue if (1) because of a
natural disaster, a taxpayer is unable to pay the first half of
the payable 1997 property taxes on class 3a or 3b property,
classified under Minnesota Statutes, section 273.13, subdivision
24, located in an area designated by the Federal Emergency
Management Agency pursuant to a major disaster declaration
issued for Minnesota by President Clinton between April 1, 1997,
and April 14, 1997, and (2) the taxpayer pays the first half of
the payable 1997 taxes by October 15, 1997.
(b) If the first one half payment is paid after October 15,
1997, then all penalties that would have occurred on after the
due date under Minnesota Statutes, section 279.01, subdivision
1, shall be charged on the amount of the unpaid tax.
(c) The property taxpayer shall attach to the payment a
statement that the property is located in a disaster area and
qualified for an extension under this section.
Sec. 44. [CORRECTION 59L.] Laws 1997, chapter 231, article
16, section 31, is amended to read:
Sec. 31. [EFFECTIVE DATE.]
Section 9 is effective for decrees of marriage dissolution,
deeds, or other instruments executed and delivered after July 1,
1997.
Section 10 is effective for assessments made on or after
the effective date of Laws 1996, chapter 471, article 2 3,
section 32.
Section 19 is effective the day following final enactment.
Sec. 45. [CORRECTION 59M.] Minnesota Statutes 1996,
section 273.1382, subdivision 1, as added by Laws 1997, chapter
231, article 1, section 12, subdivision 1, as amended by Laws
1997, chapter 251, section 20, subdivision 1, is amended to read:
Subdivision 1. [EDUCATION HOMESTEAD CREDIT.] Each year,
beginning with property taxes payable in 1998, the respective
county auditors shall determine the local initial tax rate for
each school district for the general education levy certified
under section 124A.23, subdivision 2 or 3. That rate plus the
school district's education homestead credit tax rate adjustment
under section 275.08, subdivision 1e, shall be the general
education homestead credit local tax rate for the district. The
auditor shall then determine a general education homestead
credit for each homestead within the county equal to 32 percent
of the general education homestead credit local tax rate times
the net tax capacity of the homestead for the taxes payable
year. The amount of general education homestead credit for a
homestead may not exceed $225. In the case of an agricultural
homestead, only the net tax capacity of the house, garage, and
surrounding one acre of land shall be used in determining the
property's education homestead credit.
Subd. 2. Subdivision 1 is effective for taxes levied in
1997, payable in 1998, and thereafter.
Sec. 46. [CORRECTION 64.] Laws 1997, chapter 203, article
1, is amended by adding sections to read:
Sec. 15. [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER
PERIODS.]
The commissioner of children, families, and learning may
waive requirements under Minnesota Statutes, chapter 119B, for
up to nine months in areas where a federal disaster has been
declared under United States Code, title 42, section 5121, et
seq., or the governor has exercised authority under chapter 12.
Sec. 16. [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER
PERIODS.]
The commissioner of children, families, and learning may
waive requirements under Minnesota Statutes, section 268.38 for
up to nine months for grantees in areas where a federal disaster
has been declared under United States Code, title 42, section
5121, et seq., or the governor has exercised authority under
chapter 12.
Sec. 17. [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER
PERIODS.]
The commissioner of children, families, and learning may
waive requirements under Minnesota Statutes, sections 268.912 to
268.916, for up to nine months for Head Start grantees in areas
where a federal disaster has been declared under United States
Code, title 42, section 5121, et seq., or the governor has
exercised authority under chapter 12.
Sec. 18. [WAIVER OF LIMITATION FOR FACILITY CHANGES.]
The limitation under Minnesota Statutes 1996, section
268.362, subdivision 1, paragraph (a), on the type of facilities
which may be rehabilitated, improved, or constructed as part of
a work experience component to provide education and work
experience to targeted youth is waived and shall include
low-income private residences, private businesses, municipal
parks, and other land areas impacted by the major natural
disaster (flood) declared by President Clinton in the spring of
1997.
Sec. 19. [WAIVER ON DEFINITION OF AT-RISK YOUTH.]
The limitation on the definition of an at-risk youth under
the Minnesota youth program, in Minnesota Statutes 1996, section
268.56, subdivision 3, is waived to include a youth affected by
the major natural disaster (flood) declared by President Clinton
in the spring of 1997. The waiver is effective until May 30,
1998.
Sec. 20. [NOTIFICATION.]
The commissioner shall notify the chairs of the senate
health and family security committee, health and family security
budget division, human resources finance committee, the house
health and human services committee, health and human services
finance division, and ways and means committee ten days prior to
the effective date of any waiver or variance granted under
sections 15, 16, and 17.
Sec. 47. [CORRECTION 44.] Minnesota Statutes 1996, section
124.2601, subdivision 5, as amended by Laws 1997, chapter 162,
article 2, section 19, is amended to read:
Subd. 5. [AID.] Adult basic education aid is equal to the
difference between an approved program's adult basic education
revenue and its adult basic education levy. Beginning with
levies payable in 1998, if the district does not levy the full
amount permitted, the adult education aid must be reduced in
proportion to the actual amount levied.
Sec. 48. [CORRECTION 46.] Minnesota Statutes 1996, section
119B.13, subdivision 6, as added by Laws 1997, chapter 162,
article 4, section 4, is amended to read:
Subd. 6. [PROVIDER PAYMENTS.] Counties shall make vendor
payments to the child care provider or pay the parent directly
for eligible child care expenses. If payments for child care
assistance are made to providers, the provider shall bill the
county for services provided within ten days of the end of the
month of service. If bills are submitted in accordance with the
provisions of this subdivision 6, a county shall issue payment
to the provider of child care under the child care fund within
30 days of receiving an invoice from the provider. Counties may
establish policies that make payments on a more frequent basis.
A county's payment policies must be included in the county's
child care plan under section 119B.08, subdivision 3.
Sec. 49. [CORRECTION 47.] Minnesota Statutes 1996, section
119B.05, subdivision 1, as amended by Laws 1997, chapter 162,
article 4, section 19, is amended to read:
Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible
for child care assistance under the AFDC child care program are:
(1) persons receiving services under sections 256.031
to 256.04 256.0361 and 256.047 to 256.048;
(2) AFDC recipients who are employed or in job search and
meet the requirements of section 119B.10;
(3) persons who are members of transition year families
under section 119B.01, subdivision 16;
(4) members of the control group for the STRIDE evaluation
conducted by the Manpower Demonstration Research Corporation;
(5) AFDC caretakers who are participating in the STRIDE and
non-STRIDE AFDC child care program;
(6) families who are participating in employment
orientation or job search, or other employment or training
activities that are included in an approved employability
development plan under chapter 256K; and
(7) MFIP-S families who are participating in work
activities as required in their job search support or employment
plan, or in appeals, hearings, assessments, or orientations
according to chapter 256J. Child care assistance to support
work activities as described in section 256J.49 must be
available according to sections 119B.01, subdivision 8, 121.882,
256E.08, 268.916, and 611A.32 and titles IVA, IVB, IVE, and XX
of the Social Security Act.
Sec. 50. [CORRECTION 48.] Laws 1997, chapter 162, article
4, section 63, subdivision 5, is amended to read:
Subd. 5. [CHILD CARE DEVELOPMENT.] For child care
development grants according to Minnesota Statutes, section
119B.21:
$5,865,000 ..... 1998
$1,865,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Of the fiscal year 1998 appropriation, up to $2,000,000 is
for the following grants:
(1) a grant to the Minnesota licensed family child care
association for statewide implementation of the family child
care mentorship model developed by the association;
(2) a grant to the Minnesota child care apprentice/mentor
program to modify the apprentice/mentor program for statewide
implementation through the child care careers program of the
community/technical college system;
(3) a grant to expand project impact, which prepares child
care providers and staff who are members of a community of
color, as that term is defined in Minnesota Statutes, section
257.076, subdivision 3, to meet or exceed the education and
experience requirements of assistant teachers, teachers, and
family day care providers in licensed child care programs;
(4) expansion of the Minnesota child care apprentice/mentor
program, which prepares child care center staff to meet or
exceed the education and experience requirements of teachers in
licensed child care centers;
(5) grants to the regional child care resource and referral
programs under Minnesota Statutes, section 119B.18, and
education and training loans made by the regional child care
resource and referral programs under the loan program
established in section 119B.18. No more than 2.5 percent of
this appropriation may be used for administration of the loan
program; and
(6) a grant to a nonprofit corporation under Minnesota
Statutes, section 119B.25. Up to five percent of the grant may
be used by the department and the nonprofit corporation to
administer the loan program including costs associated with
setting up an information system to administer child care and
early childhood education facility loans.
Sec. 51. [EFFECTIVE DATE.]
Unless provided otherwise, each section of this act takes
effect at the time that the section of law enacted in 1997 that
it amends or cites takes effect. Section 23 (Correction 68) is
effective July 1, 1997.
Presented to the governor June 27, 1997
Signed by the governor June 30, 1997, 9:48 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes