Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 499-S.F.No. 3819
An act relating to legislative enactments; correcting
miscellaneous oversights, inconsistencies,
ambiguities, unintended results, and technical errors;
amending Minnesota Statutes 1998, sections 161.32,
subdivision 7, as added; 256B.501, subdivision 13, as
added; 268.059; 349.163, subdivision 9, as added;
462A.201, subdivision 2; and 477A.06, subdivision 3,
as amended; Minnesota Statutes 1999 Supplement,
sections 123B.54, as amended; 125A.76, subdivision 1,
as amended; 245.4871, subdivision 4, as amended;
256B.431, subdivision 28, as amended; 290.01,
subdivision 19, as amended; and 477A.06, subdivision
1, as amended; Laws 1999, chapter 241, article 2,
section 60, subdivision 14, as amended; chapter 243,
article 1, section 2, as amended; and chapter 245,
article 1, section 2, subdivision 8, as amended; and
Laws 2000, chapter 296, section 1; chapter 429,
section 1; chapter 444, article 1, section 6; chapter
461, article 17, section 14; chapter 463, section 23,
subdivision 2; chapter 479, articles 1, section 2,
subdivision 12; and 2, section 1; chapter 488,
articles 8, section 2, subdivisions 4 and 6; and 9,
section 37; chapter 489, articles 2, section 34; 5,
section 28, subdivision 4; and 6, section 44,
subdivision 1; and chapter 492, article 1, sections 1;
5, subdivisions 4 and 5; 12, subdivision 10; 22,
subdivision 3; 23; 25; and 26, subdivision 1;
Minnesota Statutes, section 58.135, as added; 2000
H.F. No. 2891, section 1, if enacted; repealing Laws
1999, chapter 241, article 1, section 64; and Laws
2000, chapter 492, article 1, section 7, subdivision
31.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 268.059, is
amended to read:
268.059 [GARNISHMENT FOR DELINQUENT TAXES AND BENEFIT
OVERPAYMENTS.]
(a) The commissioner may give notice to any employer that
an employee owes delinquent taxes, payments in lieu of taxes, or
overpaid benefits, including penalties, interest, and costs, and
that the obligation to the department should be withheld from
the employee's wages. The commissioner may proceed only if the
tax, payment in lieu of taxes, or benefit overpayment is
uncontested or if the time for any appeal has expired. The
commissioner shall not proceed until 30 calendar days after
mailing to the debtor employee, at the debtor's last known
address, a written notice of intent to garnish wages and
exemption notice. That notice shall list:
(1) the amount of taxes, payments in lieu of taxes,
overpaid benefits, interest, penalties, or costs due from the
debtor;
(2) demand for immediate payment; and
(3) the intention to serve a garnishment notice on the
debtor's employer.
The notice shall expire 180 calendar days after it has been
mailed to the debtor provided that the notice may be renewed by
mailing a new notice that is in accordance with this section.
The renewed notice shall have the effect of reinstating the
priority of the original notice. The exemption notice shall be
in substantially the same form as in section 571.72. The notice
shall inform the debtor of the right to claim exemptions
contained in section 550.37, subdivision 14. If no written
claim of exemption is received by the commissioner within 30
calendar days after mailing of the notice, the commissioner may
proceed with the garnishment. The notice to the debtor's
employer may be served by mail and shall be in substantially the
same form as in section 571.75. Upon receipt of the garnishment
notice, the employer shall withhold from the earnings due or to
become due to the employee, the amount shown on the notice plus
accrued interest, subject to section 571.922. The employer
shall continue to withhold each pay period the amount shown on
the notice plus accrued interest until the garnishment notice is
released by the commissioner. Upon receipt of notice by the
employer, the claim of the commissioner shall have priority over
any subsequent garnishments or wage assignments. The
commissioner may arrange between the employer and employee for
withholding a portion of the total amount due the employee each
pay period, until the total amount shown on the notice plus
accrued interest has been withheld.
The "earnings due" any employee is as defined in section
571.921. The maximum garnishment allowed for any one pay period
shall be decreased by any amounts payable pursuant to any other
garnishment action served prior to the garnishment notice, and
any amounts covered by any irrevocable and previously effective
assignment of wages; the employer shall give notice to the
commissioner of the amounts and the facts relating to the
assignment within ten days after the service of the garnishment
notice on the form provided by the commissioner.
(b) If the employee ceases to be employed by the employer
before the full amount set forth on the garnishment notice plus
accrued interest has been withheld, the employer shall
immediately notify the commissioner in writing of the
termination date of the employee and the total amount withheld.
No employer may discharge or discipline any employee because the
commissioner has proceeded under this section. If an employer
discharges an employee in violation of this section, the
employee shall have the same remedy as provided in section
571.927, subdivision 2.
(c) Within ten calendar days after the expiration of the
pay period, the employer shall remit to the commissioner, on a
form and in the manner prescribed by the commissioner, the
amount withheld during each pay period.
(d) Paragraphs (a) to (c) shall apply if the employer is
the state of Minnesota or any political subdivision.
(e) The commissioner shall refund to the employee any
excess amounts withheld from the employee.
(f) An employer that fails or refuses to comply with this
section shall be liable as provided in section 268.058,
subdivision 3 2, paragraph (i) (j).
Sec. 2. [CORRECTION 1.] Minnesota Statutes 1998, section
349.163, subdivision 9, as added by Laws 2000, chapter 300,
section 4, is amended to read:
Sec. 4. Minnesota Statutes 1998, section 349.163, is
amended by adding a subdivision to read:
Subd. 9. [SALES REQUIRED.] No licensed manufacturer may
refuse to sell pull-tab games to a licensed distributor unless:
(1) a specific game sold on an exclusive basis is at issue;
(2) the manufacturer does not sell the pull-tab games to
any distributor in Minnesota;
(3) a Minnesota statute or rule prohibits the sale; or
(4) the distributor is delinquent on any payment owed to
the manufacturer.
Sec. 3. [CORRECTION 2.] Laws 2000, chapter 296, section 1,
is amended to read:
Section 1. [STUDY ON REIMBURSEMENT FOR SPECIAL
TRANSPORTATION PROVIDERS.]
The commissioner of human services, in consultation with
special transportation providers, shall prepare a study on
appropriate reimbursement for special transportation providers.
The study shall include, but not be limited to, an analysis of
the cost characteristics of special transportation services,
including the differences in costs for services provided to:
(1) persons who need a wheelchair lift or ramp van;
(2) persons who need a stretcher-equipped vehicle;
(3) persons who are ambulatory with assistance multiple
door through multiple door doors;
(4) persons who are ambulatory without assistance;
(5) persons residing in rural areas; and
(6) persons residing in urban areas.
The commissioner shall make recommendations for reimbursement
rates for services to persons in clauses (1) to (6), based
primarily on the analysis of service cost characteristics,
capital cost characteristics, and industry growth cost
characteristics. The commissioner shall present the study to
the legislature no later than September 15, 2000.
Sec. 4. [CORRECTION 6.] Laws 2000, chapter 444, article 1,
section 6, is amended to read:
Sec. 6. 518.183 [REPLACING CERTAIN ORDERS.]
Upon request of both parties the court must modify an order
entered under section 518.17 or 518.175 before the effective
date of this act section by entering a parenting plan that
complies with section 518.1705, unless the court makes detailed
findings that entering a parenting plan is not in the best
interests of the child. If only one party makes the request,
the court may modify the order by entering a parenting plan that
complies with section 518.1705. The court must apply the
standards in section 518.18 when considering a motion to enter a
parenting plan that would change the child's primary residence.
The court must apply the standards in section 518.17 when
considering a motion to enter a parenting plan that would:
(1) change decision-making responsibilities of the parents;
or
(2) change the time each parent spends with the child, but
not change the child's primary residence.
Sec. 5. [CORRECTION 7.] 2000 H.F. No. 2891, article 1, section 1,
if
enacted, is amended to read:
Section 1. [APPROPRIATIONS.]
The sums in the column under "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the state agencies or officials indicated, to be spent for the
purposes indicated, for fiscal year 2001. Unless otherwise
specified, the appropriations in this act are available until
spent.
SUMMARY
TRANSPORTATION $566,551,000
METROPOLITAN COUNCIL 20,000,000
PUBLIC SAFETY 119,000
TRADE AND ECONOMIC DEVELOPMENT 750,000
FINANCE 15,100,000
TOTAL $602,520,000
Trunk Highway Bond Proceeds Account 100,100,000
Trunk Highway Fund 102,298,000
General Fund 400,122,000
APPROPRIATIONS
$
Sec. 6. [CORRECTION 9.] Laws 1999, chapter 243, article 1,
section 2, as amended by Laws 2000, chapter 490, article 3,
section 1, is amended to read:
Sec. 2. [SALES TAX REBATE.]
(a) An individual who:
(1) was eligible for a credit under Laws 1997, chapter 231,
article 1, section 16, as amended by Laws 1997, First Special
Session chapter 5, section 35, and Laws 1997, Third Special
Session chapter 3, section 11, and Laws 1998, chapter 304, and
Laws 1998, chapter 389, article 1, section 3, and who filed for
or received that credit on or before June 15, 1999; or
(2) was a resident of Minnesota for any part of 1997, and
filed a 1997 Minnesota income tax return on or before June 15,
1999, and had a tax liability before refundable credits on that
return of at least $1 but did not file the claim for credit
authorized under Laws 1997, chapter 231, article 1, section 16,
as amended, and who was not allowed to be claimed as a dependent
on a 1997 federal income tax return filed by another person; or
(3) had the property taxes payable on his or her homestead
abated to zero under Laws 1997, chapter 231, article 2, section
64,
shall receive a sales tax rebate.
(b) The sales tax rebate for taxpayers who qualify under
paragraph (a) as married filing joint or head of household must
be computed according to the following schedule:
Income Sales Tax Rebate
less than $2,500 $ 358
at least $2,500 but less than $5,000 $ 469
at least $5,000 but less than $10,000 $ 502
at least $10,000 but less than $15,000 $ 549
at least $15,000 but less than $20,000 $ 604
at least $20,000 but less than $25,000 $ 641
at least $25,000 but less than $30,000 $ 690
at least $30,000 but less than $35,000 $ 762
at least $35,000 but less than $40,000 $ 820
at least $40,000 but less than $45,000 $ 874
at least $45,000 but less than $50,000 $ 921
at least $50,000 but less than $60,000 $ 969
at least $60,000 but less than $70,000 $1,071
at least $70,000 but less than $80,000 $1,162
at least $80,000 but less than $90,000 $1,276
at least $90,000 but less than $100,000 $1,417
at least $100,000 but less than $120,000 $1,535
at least $120,000 but less than $140,000 $1,682
at least $140,000 but less than $160,000 $1,818
at least $160,000 but less than $180,000 $1,946
at least $180,000 but less than $200,000 $2,067
at least $200,000 but less than $400,000 $2,644
at least $400,000 but less than $600,000 $3,479
at least $600,000 but less than $800,000 $4,175
at least $800,000 but less than $1,000,000 $4,785
$1,000,000 and over $5,000
(c) The sales tax rebate for individuals who qualify under
paragraph (a) as single or married filing separately must be
computed according to the following schedule:
Income Sales Tax Rebate
less than $2,500 $ 204
at least $2,500 but less than $5,000 $ 249
at least $5,000 but less than $10,000 $ 299
at least $10,000 but less than $15,000 $ 408
at least $15,000 but less than $20,000 $ 464
at least $20,000 but less than $25,000 $ 496
at least $25,000 but less than $30,000 $ 515
at least $30,000 but less than $40,000 $ 570
at least $40,000 but less than $50,000 $ 649
at least $50,000 but less than $70,000 $ 776
at least $70,000 but less than $100,000 $ 958
at least $100,000 but less than $140,000 $1,154
at least $140,000 but less than $200,000 $1,394
at least $200,000 but less than $400,000 $1,889
at least $400,000 but less than $600,000 $2,485
$600,000 and over $2,500
(d) Individuals who were not residents of Minnesota for any
part of 1997 and who paid more than $10 in Minnesota sales tax
on nonbusiness consumer purchases in that year qualify for a
rebate under this paragraph only. Qualifying nonresidents must
file a claim for rebate on a form prescribed by the commissioner
before the later of June 15, 1999, or 30 days after the date of
enactment of this act. The claim must include receipts showing
the Minnesota sales tax paid and the date of the sale. Taxes
paid on purchases allowed in the computation of federal taxable
income or reimbursed by an employer are not eligible for the
rebate. The commissioner shall determine the qualifying taxes
paid and rebate the lesser of:
(1) 69.0 percent of that amount; or
(2) the maximum amount for which the claimant would have
been eligible as determined under paragraph (b) if the taxpayer
filed the 1997 federal income tax return as a married taxpayer
filing jointly or head of household, or as determined under
paragraph (c) for other taxpayers.
(e) "Income," for purposes of this section other than
paragraph (d), is taxable income as defined in section 63 of the
Internal Revenue Code of 1986, as amended through December 31,
1996, plus the sum of any additions to federal taxable income
for the taxpayer under Minnesota Statutes, section 290.01,
subdivision 19a, and reported on the original 1997 income tax
return including subsequent adjustments to that return made
within the time limits specified in paragraph (h). For an
individual who was a resident of Minnesota for less than the
entire year, the sales tax rebate equals the sales tax rebate
calculated under paragraph (b) or (c) multiplied by the
percentage determined pursuant to Minnesota Statutes, section
290.06, subdivision 2c, paragraph (e), as calculated on the
original 1997 income tax return including subsequent adjustments
to that return made within the time limits specified in
paragraph (h). For purposes of paragraph (d), "income" is
taxable income as defined in section 63 of the Internal Revenue
Code of 1986, as amended through December 31, 1996, and reported
on the taxpayer's original federal tax return for the first
taxable year beginning after December 31, 1996.
(f) An individual who would have been eligible for a rebate
under paragraph (a), clause (1) or (2), or (d) had the
individual filed a 1997 Minnesota income tax return or claim
form by June 15, 1999, who files the return or claim form by
June 30, 2000, is eligible for the rebate amount under (i)
paragraph (b) as adjusted by paragraph (h) if the individual is
was a resident of Minnesota for any part of 1997 and filed as
either married filing joint or head of household and the rebate
amount under, (ii) paragraph (c) as adjusted by paragraph (h) if
the individual is was a resident of Minnesota for any part of
1997 and filed as either married filing separately separate or
single, or (iii) paragraph (d) if the individual was a
nonresident in 1997.
(g) For a fiscal year taxpayer, the June 15, 1999, dates in
paragraphs (a) through (d) are extended one month for each month
in calendar year 1997 that occurred prior to the start of the
individual's 1997 fiscal tax year.
(h) Before payment, the commissioner of revenue shall
adjust the rebate as follows:
(1) the rebates calculated in paragraphs (b), (c), and (d)
must be proportionately reduced to account for 1997 income tax
returns that are filed on or after January 1, 1999, but before
July 1, 1999, so that the amount of sales tax rebates payable
under paragraphs (b), (c), and (d) does not exceed
$1,250,000,000; and
(2) the commissioner of finance shall certify by July 15,
1999, preliminary fiscal year 1999 general fund net nondedicated
revenues. The certification shall exclude the impact of any
legislation enacted during the 1999 regular session. If
certified net nondedicated revenues exceed the amount forecast
in February 1999, up to $50,000,000 of the increase shall be
added to the total amount rebated. The commissioner of revenue
shall adjust all rebates proportionally to reflect any
increases. The total amount of the rebate shall not exceed
$1,300,000,000.
The adjustments under this paragraph are not rules subject to
Minnesota Statutes, chapter 14.
(i) The commissioner of revenue may begin making sales tax
rebates by August 1, 1999. Sales tax rebates not paid by
October 1, 1999, bear interest at the rate specified in
Minnesota Statutes, section 270.75. Sales tax rebates paid to
(1) taxpayers who file their original 1997 Minnesota income tax
return after June 15, 1999, and (2) qualifying nonresidents who
file a claim for rebate after June 15, 1999,
bear interest at the rate specified in Minnesota Statutes,
section 270.75, beginning October 1, 2000.
(j) A sales tax rebate shall not be adjusted based on
changes to a 1997 income tax return that are made by order of
assessment after June 15, 1999, or made by the taxpayer that are
filed with the commissioner of revenue after June 15, 1999.
(k) Individuals who filed a joint income tax return for
1997 shall receive a joint sales tax rebate. After the sales
tax rebate has been issued, but before the check has been
cashed, either joint claimant may request a separate check for
one-half of the joint sales tax rebate. Notwithstanding
anything in this section to the contrary, if prior to payment,
the commissioner has been notified that persons who filed a
joint 1997 income tax return are living at separate addresses,
as indicated on their 1998 income tax return or otherwise, the
commissioner may issue separate checks to each person. The
amount payable to each person is one-half of the total joint
rebate. If a rebate is received by the estate of a deceased
individual after the probate estate has been closed, and if the
original rebate check is returned to the commissioner with a
copy of the decree of descent or final account of the estate,
social security numbers, and addresses of the beneficiaries, the
commissioner may issue separate checks in proportion to their
share in the residuary estate in the names of the residuary
beneficiaries of the estate.
(l) The sales tax rebate is a "Minnesota tax law" for
purposes of Minnesota Statutes, section 270B.01, subdivision 8.
(m) The sales tax rebate is "an overpayment of any tax
collected by the commissioner" for purposes of Minnesota
Statutes, section 270.07, subdivision 5. For purposes of this
paragraph, a joint sales tax rebate is payable to each spouse
equally.
(n) If the commissioner of revenue cannot locate an
individual entitled to a sales tax rebate by July 1, 2001, or if
an individual to whom a sales tax rebate was issued has not
cashed the check by July 1, 2001, the right to the sales tax
rebate lapses and the check must be deposited in the general
fund.
(o) Individuals entitled to a sales tax rebate pursuant to
paragraph (a), but who did not receive one, and individuals who
receive a sales tax rebate that was not correctly computed, must
file a claim with the commissioner before July 1, 2000, in a
form prescribed by the commissioner. Taxpayers who file their
original 1997 Minnesota income tax return after June 15, 1999,
and qualifying nonresidents who file a claim for rebate after
June 15, 1999, and who do not receive it or who receive a sales
tax rebate that was not correctly computed, must file a claim
with the commissioner before July 1, 2001, in a form prescribed
by the commissioner. These claims must be treated as if they
are a claim for refund under Minnesota Statutes, section
289A.50, subdivisions 4 and 7.
(p) The sales tax rebate is a refund subject to revenue
recapture under Minnesota Statutes, chapter 270A. The
commissioner of revenue shall remit the entire refund to the
claimant agency, which shall, upon the request of the spouse who
does not owe the debt, refund one-half of the joint sales tax
rebate to the spouse who does not owe the debt.
(q) The rebate is a reduction of fiscal year 1999 sales tax
revenues. The amount necessary to make the sales tax rebates
and interest provided in this section is appropriated from the
general fund to the commissioner of revenue in fiscal year 1999
and is available until June 30, 2001.
(r) If a sales tax rebate check is cashed by someone other
than the payee or payees of the check, and the commissioner of
revenue determines that the check has been forged or improperly
endorsed or the commissioner determines that a rebate was
overstated or erroneously issued, the commissioner may issue an
order of assessment for the amount of the check or the amount
the check is overstated against the person or persons cashing
it. The assessment must be made within two years after the
check is cashed, but if cashing the check constitutes theft
under Minnesota Statutes, section 609.52, or forgery under
Minnesota Statutes, section 609.631, the assessment can be made
at any time. The assessment may be appealed administratively
and judicially. The commissioner may take action to collect the
assessment in the same manner as provided by Minnesota Statutes,
chapter 289A, for any other order of the commissioner assessing
tax.
(s) Notwithstanding Minnesota Statutes, sections 9.031,
16A.40, 16B.49, 16B.50, and any other law to the contrary, the
commissioner of revenue may take whatever actions the
commissioner deems necessary to pay the rebates required by this
section, and may, in consultation with the commissioner of
finance and the state treasurer, contract with a private vendor
or vendors to process, print, and mail the rebate checks or
warrants required under this section and receive and disburse
state funds to pay those checks or warrants.
(t) The commissioner may pay rebates required by this
section by electronic funds transfer to individuals who
requested that their 1998 individual income tax refund be paid
through electronic funds transfer. The commissioner may make
the electronic funds transfer payments to the same financial
institution and into the same account as the 1998 individual
income tax refund.
Sec. 7. [CORRECTION 9A.] Minnesota Statutes 1999
Supplement, section 290.01, subdivision 19, as amended by Laws
2000, chapter 490, article 12, section 2, is amended to read:
Subd. 19. [NET INCOME.] The term "net income" means the
federal taxable income, as defined in section 63 of the Internal
Revenue Code of 1986, as amended through the date named in this
subdivision, incorporating any elections made by the taxpayer in
accordance with the Internal Revenue Code in determining federal
taxable income for federal income tax purposes, and with the
modifications provided in subdivisions 19a to 19f.
In the case of a regulated investment company or a fund
thereof, as defined in section 851(a) or 851(g) of the Internal
Revenue Code, federal taxable income means investment company
taxable income as defined in section 852(b)(2) of the Internal
Revenue Code, except that:
(1) the exclusion of net capital gain provided in section
852(b)(2)(A) of the Internal Revenue Code does not apply;
(2) the deduction for dividends paid under section
852(b)(2)(D) of the Internal Revenue Code must be applied by
allowing a deduction for capital gain dividends and
exempt-interest dividends as defined in sections 852(b)(3)(C)
and 852(b)(5) of the Internal Revenue Code; and
(3) the deduction for dividends paid must also be applied
in the amount of any undistributed capital gains which the
regulated investment company elects to have treated as provided
in section 852(b)(3)(D) of the Internal Revenue Code.
The net income of a real estate investment trust as defined
and limited by section 856(a), (b), and (c) of the Internal
Revenue Code means the real estate investment trust taxable
income as defined in section 857(b)(2) of the Internal Revenue
Code.
The net income of a designated settlement fund as defined
in section 468B(d) of the Internal Revenue Code means the gross
income as defined in section 468B(b) of the Internal Revenue
Code.
The provisions of sections 1113(a), 1117, 1206(a), 1313(a),
1402(a), 1403(a), 1443, 1450, 1501(a), 1605, 1611(a), 1612,
1616, 1617, 1704(l), and 1704(m) of the Small Business Job
Protection Act, Public Law Number 104-188, the provisions of
Public Law Number 104-117, the provisions of sections 313(a) and
(b)(1), 602(a), 913(b), 941, 961, 971, 1001(a) and (b), 1002,
1003, 1012, 1013, 1014, 1061, 1062, 1081, 1084(b), 1086, 1087,
1111(a), 1131(b) and (c), 1211(b), 1213, 1530(c)(2), 1601(f)(5)
and (h), and 1604(d)(1) of the Taxpayer Relief Act of 1997,
Public Law Number 105-34, the provisions of section 6010 of the
Internal Revenue Service Restructuring and Reform Act of 1998,
Public Law Number 105-206, and the provisions of section 4003 of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999, Public Law Number 105-277, shall
become effective at the time they become effective for federal
purposes.
The Internal Revenue Code of 1986, as amended through
December 31, 1996, shall be in effect for taxable years
beginning after December 31, 1996.
The provisions of sections 202(a) and (b), 221(a), 225,
312, 313, 913(a), 934, 962, 1004, 1005, 1052, 1063, 1084(a) and
(c), 1089, 1112, 1171, 1204, 1271(a) and (b), 1305(a), 1306,
1307, 1308, 1309, 1501(b), 1502(b), 1504(a), 1505, 1527, 1528,
1530, 1601(d), (e), (f), and (i) and 1602(a), (b), (c), and (e)
of the Taxpayer Relief Act of 1997, Public Law Number 105-34,
the provisions of sections 6004, 6005, 6012, 6013, 6015, 6016,
7002, and 7003 of the Internal Revenue Service Restructuring and
Reform Act of 1998, Public Law Number 105-206, the provisions of
section 3001 of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999, Public Law Number
105-277, and the provisions of section 3001 of the Miscellaneous
Trade and Technical Corrections Act of 1999, Public Law Number
106-36, shall become effective at the time they become effective
for federal purposes.
The Internal Revenue Code of 1986, as amended through
December 31, 1997, shall be in effect for taxable years
beginning after December 31, 1997.
The provisions of sections 5002, 6009, 6011, and 7001 of
the Internal Revenue Service Restructuring and Reform Act of
1998, Public Law Number 105-206, the provisions of section 9010
of the Transportation Equity Act for the 21st Century, Public
Law Number 105-178, the provisions of sections 1004, 4002, and
5301 of the Omnibus Consolidation and Emergency Supplemental
Appropriations Act, 1999, Public Law Number 105-277, the
provision of section 303 of the Ricky Ray Hemophilia Relief Fund
Act of 1998, Public Law Number 105-369, and the provisions of
sections 532, 534, 536, 537, and 538 of the Ticket to Work and
Work Incentives Improvement Act of 1999, Public Law Number
160-170 106-170, shall become effective at the time they become
effective for federal purposes.
The Internal Revenue Code of 1986, as amended through
December 31, 1998, shall be in effect for taxable years
beginning after December 31, 1998.
The Internal Revenue Code of 1986, as amended through
December 31, 1999, shall be in effect for taxable years
beginning after December 31, 1999.
Except as otherwise provided, references to the Internal
Revenue Code in subdivisions 19a to 19g mean the code in effect
for purposes of determining net income for the applicable year.
Sec. 8. [CORRECTION 9B.] Minnesota Statutes 1999
Supplement, section 477A.06, subdivision 1, as amended by Laws
2000, chapter 490, article 6, section 8, is amended to read:
Subdivision 1. [ELIGIBILITY.] (a) For assessment years
1999, 2000, 2001, and 2002, for all class 4d property on which
construction was begun before January 1, 1999, the assessor
shall determine the difference between the actual net tax
capacity and the net tax capacity that would be determined for
the property if the class rates for assessment year 1997 were in
effect.
(b) In calendar years 2000, 2001, 2002, and 2003, each city
shall be eligible for aid equal to (i) the amount by which the
sum of the differences determined in clause (a) for the
corresponding assessment year exceeds two percent of the city's
total taxable net tax capacity for taxes payable in 1998,
multiplied by (ii) the city government's average local tax rate
for taxes payable in 1998.
Sec. 9. [CORRECTION 9C.] Minnesota Statutes 1998, section
477A.06, subdivision 3, as amended by Laws 2000, chapter 490,
article 6, section 9, is amended to read:
Subd. 3. [APPROPRIATION; PAYMENT.] (a) The commissioner
shall pay each city its qualifying aid amount on or before July
20 of each year. An amount sufficient to pay the aid authorized
under this section is appropriated to the commissioner of
revenue from the property tax reform account in fiscal years
year 2000 and 2001, and from the general fund in fiscal
years 2001, 2002, 2003, and 2004.
(b) For fiscal years 2001 through 2004, the amount of aid
appropriated under this section may not exceed $1,500,000 each
year.
(c) If the total amount of aid that would otherwise be
payable under the formula in this section exceeds the maximum
allowed under paragraph (b), the amount of aid for each city is
reduced proportionately to equal the limit.
Sec. 10. [CORRECTION 10.] Minnesota Statutes, section
58.135, as added by Laws 2000, chapter 427, section 17, is
amended by adding a subdivision to read:
Subd. 3. [APPLICATION.] This section applies to
residential mortgage loans made on or after August 1, 2001.
Sec. 11. [CORRECTION 11.] Laws 2000, chapter 461, article
17, section 14, is amended to read:
Sec. 14. [EFFECTIVE DATE.]
(a) Sections 1 to 5 are effective on the day after the date
on which the Minneapolis city council and the chief clerical
officer of the city of Minneapolis complete, in a timely manner,
their compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
(b) Section 6 is effective on the day after the date on
which the Minneapolis city council and the chief clerical
officer of the city of Minneapolis complete, in a timely manner,
their compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3. Section 5 3, if approved, applies
retroactively to contributions beginning after July 1, 1990.
(c) Sections 7 to 13 are effective on the day after the
date on which the Minneapolis city council and the chief
clerical officer of the city of Minneapolis complete, in a
timely manner, their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3. Section 5 10, if approved,
applies retroactively to contributions beginning after July 1,
1990.
Sec. 12. [CORRECTION 12.] Laws 2000, chapter 492, article
1, section 1, is amended to read:
Section 1. [CAPITAL IMPROVEMENT APPROPRIATIONS.]
The sums in the column under "APPROPRIATIONS" are
appropriated from the bond proceeds fund, or another named fund,
to the state agencies or officials indicated, to be spent for
public purposes including, but not limited to, acquiring and
bettering public land and buildings and other public
improvements of a capital nature, as specified in this article.
Unless otherwise specified, the appropriations in this article
are available until the project is completed or abandoned.
SUMMARY
UNIVERSITY OF MINNESOTA $ 100,213,000
MINNESOTA STATE COLLEGES AND UNIVERSITIES 131,021,000
PERPICH CENTER FOR ARTS EDUCATION 877,000
CHILDREN, FAMILIES, AND LEARNING 80,741,000
MINNESOTA STATE ACADEMIES 3,066,000
NATURAL RESOURCES 73,177,000
OFFICE OF ENVIRONMENTAL ASSISTANCE 2,200,000
BOARD OF WATER AND SOIL RESOURCES 23,800,000
AGRICULTURE 21,700,000
ZOOLOGICAL GARDENS 1,000,000
ADMINISTRATION 81,450,000
AMATEUR SPORTS COMMISSION 1,110,000
ARTS 4,500,000
MILITARY AFFAIRS 3,625,000
VETERANS AFFAIRS 25,000
HUMAN SERVICES 12,471,000
HEALTH 7,135,000
VETERANS HOMES BOARD 11,700,000
PUBLIC SAFETY 2,844,000
CORRECTIONS 18,035,000
TRADE AND ECONOMIC DEVELOPMENT 51,382,000
HOUSING FINANCE AGENCY 2,000,000
MINNESOTA HISTORICAL SOCIETY 5,750,000
BOND SALE EXPENSES 448,000
449,000
CANCELLATIONS (29,913,000)
TOTAL $ 610,357,000
$ 610,358,000
Bond Proceeds Fund
(General Fund Debt Service) 470,900,000
426,871,000
Bond Proceeds Fund Cancellations (20,902,000)
Bond Proceeds Fund
(User Financed Debt Service) 71,359,000
Maximum Effort School Loan Fund 44,030,000
Bond Proceeds Fund Cancellations (20,902,000)
General Fund 98,011,000
General Fund Cancellations (9,011,000)
APPROPRIATIONS
$
Sec. 13. [CORRECTION 12A.] Laws 2000, chapter 492, article
1, section 5, subdivision 4, is amended to read:
Subd. 4. Pine Point School 4,100,000
This appropriation is from the general
fund.
For a grant to independent school
district No. 25, Pine Point, to
construct a new school facility serving
kindergarten through grade 8.
Sec. 14. [CORRECTION 12B.] Laws 2000, chapter 492, article
1, section 5, subdivision 5, is amended to read:
Subd. 5. Maximum Effort Capital
Loans 44,030,000
This appropriation is from the maximum
effort school loan fund.
For capital loans to school districts
as provided in Minnesota Statutes,
sections 126C.60 to 126C.72. Capital
loans to the recipient school districts
are approved in the following amounts:
(a) Independent School District No. 299,
Caledonia 14,134,000
(b) Independent School District No. 306,
La Porte 7,200,000
(c) Independent School District No. 38,
Red Lake 11,166,000
(d) Independent School District No. 115,
Cass Lake 7,505,000
(e) Independent School District No. 914,
Ulen-Hitterdahl 4,025,000
The commissioner shall review the
proposed plan and budget of the project
and may reduce the amount of the loan
to ensure that the project will be
economical. The commissioner may
recover the cost incurred by the
commissioner for any professional
services associated with the final
review and construction by reducing the
proceeds of the loan paid by the
district. The commissioner shall
report to the legislature any
reductions to the appropriations in
this subdivision by January 10, 2001.
The commissioner must study how the
maximum effort loan program should be
restructured to allow more school
districts to qualify for capital
financing under the current debt
service equalization aid program
without needing to turn to the maximum
effort loan program. The commissioner
must report to the capital investment
and K-12 education finance committees
of the house and the education finance
committee and the K-12 education budget
division of the senate. The department
must not accept any applications for
the maximum effort loan program until
after the end of the 2001 legislative
session.
Sec. 15. [CORRECTION 12C.] Laws 2000, chapter 492, article
1, section 22, subdivision 3, is amended to read:
Subd. 3. Wastewater Infrastructure
Funding Program 18,319,000
$10,409,000 $6,309,000 of this
appropriation is from the general fund
of which $319,000 is to administer the
wastewater infrastructure fund program.
To the public facilities authority for
grants to eligible municipalities under
the wastewater infrastructure program
established in Minnesota Statutes,
section 446A.072.
To the greatest extent practical, the
authority should use the grants for
projects on the 2000 intended use plan
in priority order to qualified
applicants that submit plans and
specifications to the pollution control
agency or receive a funding commitment
from USDA rural development before
December 1, 2001. In determining
whether the penalty factor under
Minnesota Rules, part 7077.0196, should
be applied to a project, the pollution
control agency shall, beginning with
the 2001 Intended Use Plan and Project
Priority list, first assess the impact
of the new or expanded discharge
compared to the impact of the
preexisting conditions and to the
impact of alternative discharge
locations. If the agency determines
that the new or expanded discharge is
to a less environmentally sensitive
area or that it is the preferable
location for the discharge compared to
the alternatives, the agency shall not
apply the penalty factor to the project.
The pollution control agency shall
include as a factor in prioritizing
projects whether a project is a
multijurisdictional project connecting
areas with failing onsite treatment
systems with an existing or regional
wastewater treatment system.
The authority shall set aside up to
$400,000 for the Innovative Technology
Grants Program to provide 50 percent
reimbursement for the cost of equipment
and installation into an existing
municipal wastewater treatment system.
The project must be approved by the
pollution control agency and
demonstrate the application of existing
technology that has not been used
before in the treatment of municipal
wastewater, but has the potential to
improve the treatment of wastewater or
make the treatment process more cost
effective.
Beginning with the 2001 intended use
plan, the pollution control agency
shall include whether a community has a
moratorium on development as a factor
in prioritizing projects. The agency
shall adopt rules implementing the
provisions of this paragraph under
Minnesota Statutes, section 14.389.
Sec. 16. [CORRECTION 12D.] Laws 2000, chapter 492, article
1, section 23, is amended to read:
Sec. 23. HOUSING FINANCE AGENCY 2,000,000
This appropriation is from the general
fund.
To the commissioner of the housing
finance agency for transfer to the
housing development fund to make loans
for transitional housing under
Minnesota Statutes, section 462A.202
462A.201, subdivision 2.
Sec. 17. [CORRECTION 12E.] Laws 2000, chapter 492, article
1, section 25, is amended to read:
Sec. 25. BOND SALE EXPENSES 448,000
449,000
To the commissioner of finance for bond
sale expenses under Minnesota Statutes,
section 16A.641, subdivision 8. This
appropriation is from the bond proceeds
fund.
Sec. 18. [CORRECTION 12F.] Laws 2000, chapter 492, article
1, section 26, subdivision 1, is amended to read:
Sec. 26. [BOND SALE AUTHORIZATION.]
Subdivision 1. [BOND PROCEEDS FUND.] To provide the money
appropriated in this act from the bond proceeds fund, the
commissioner of finance shall sell and issue bonds of the state
in an amount up to $426,870,000 $498,230,000 in the manner, upon
the terms, and with the effect prescribed by Minnesota Statutes,
sections 16A.631 to 16A.675, and by the Minnesota Constitution,
article XI, sections 4 to 7.
Sec. 19. [CORRECTION 12G.] Minnesota Statutes 1998,
section 462A.201, subdivision 2, is amended to read:
Subd. 2. [LOW-INCOME HOUSING.] (a) The agency may, in
consultation with the advisory committee, use money from the
housing trust fund account to provide loans or grants for
projects for the development, construction, acquisition,
preservation, and rehabilitation of low-income rental and
limited equity cooperative housing units, including temporary
and transitional housing, and homes for ownership. For purposes
of this section, "transitional housing" means housing that is
provided for a limited duration not exceeding 24 months, except
that up to one-third of the residents may live in the housing
for up to 36 months. Loans or grants for residential housing
for migrant farmworkers may be made under this section. No more
than 20 percent of available funds may be used for home
ownership projects.
(b) A rental or limited equity cooperative permanent
housing project must meet one of the following income tests:
(1) at least 75 percent of the rental and cooperative units
must be rented to or cooperatively owned by persons and families
whose income does not exceed 30 percent of the median family
income for the metropolitan area as defined in section 473.121,
subdivision 2; or
(2) all of the units funded by the housing trust fund
account must be used for the benefit of persons and families
whose income does not exceed 30 percent of the median family
income for the metropolitan area as defined in section 473.121,
subdivision 2.
The median family income may be adjusted for families of
five or more.
(c) Homes for ownership must be owned or purchased by
persons and families whose income does not exceed 50 percent of
the metropolitan area median income, adjusted for family size.
(d) In making the grants, the agency shall determine the
terms and conditions of repayment and the appropriate security,
if any, should repayment be required. To promote the geographic
distribution of grants and loans, the agency may designate a
portion of the grant or loan awards to be set aside for projects
located in specified congressional districts or other
geographical regions specified by the agency. The agency may
adopt rules for awarding grants and loans under this subdivision.
Sec. 20. [CORRECTION 13.] Minnesota Statutes 1998, section
161.32, subdivision 7, as added by Laws 2000, chapter 479,
article 1, section 13, is amended to read:
Subd. 7. [APPROVAL AND PAYMENT OF SUPPLEMENTAL
AGREEMENTS.] Notwithstanding any law to the contrary, when goods
or services are provided to the commissioner under an agreement
supplemental to a contract for work on a trunk highway, the
commissioner or designee may approve the supplemental
agreement work. Payment of valid state obligations must be made
within 30 days of approval of the work or submission by the
contractor of an invoice indicating completion of work,
whichever occurs later.
Sec. 21. [CORRECTION 14.] Laws 2000, chapter 488, article
8, section 2, subdivision 4, is amended to read:
Subd. 4. State-Operated Services
-0- (1,495,000)
[STATE-OPERATED SERVICES BASE
REDUCTION.] The general fund base level
appropriation for state operated
services programs and activities shall
be reduced by $1,495,000 for fiscal
year 2001.
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) RTC Facilities
-0- (1,495,000)
Sec. 22. [CORRECTION 14A.] Laws 2000, chapter 488, article
8, section 2, subdivision 6, is amended to read:
Subd. 6. Economic Support Grants
30,509,000 25,368,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
[ASSISTANCE TO FAMILIES GRANTS TANF
FORECAST ADJUSTMENT.] The federal
Temporary Assistance to Needy Families
(TANF) block grant fund appropriated to
the commissioner of human services in
Laws 1999, chapter 245, article 1,
section 2, subdivision 10, for MFIP
cash grants are reduced by $37,513,000
in fiscal year 2000 and $30,217,000 in
fiscal year 2001.
[FEDERAL TANF FUNDS.] (1) In addition
to the Federal Temporary Assistance for
Needy Families (TANF) block grant funds
appropriated to the commissioner of
human services in Laws 1999, chapter
245, article 1, section 2, subdivision
10, federal TANF funds are appropriated
to the commissioner in amounts up to
$20,000,000 in fiscal year 2000
and $80,440,000 $68,394,000 in fiscal
year 2001. In addition to these funds,
the commissioner may draw or transfer
any other appropriations of federal
TANF funds or transfers of federal TANF
funds that are enacted into state law.
(2) Of the amounts in clause (1),
$19,680,000 in fiscal year 2001 is for
the local intervention grants program
under Minnesota Statutes, section
256J.625 and related grant programs and
shall be expended as follows:
(a) $500,000 in fiscal year 2001 is for
a grant to the Southeast Asian MFIP
services collaborative to replicate in
a second location an existing model of
an intensive intervention transitional
employment training project which
serves TANF-eligible recipients and
which moves refugee and immigrant
welfare recipients unto unsubsidized
employment and leads to economic
self-sufficiency. This is a one-time
appropriation.
(b) $500,000 in fiscal year 2001 is for
nontraditional career assistance and
training programs under Minnesota
Statutes, section 256K.30, subdivision
4. This is a one-time appropriation.
(c) $18,680,000 is for local
intervention grants for
self-sufficiency program under
Minnesota Statutes, section 256J.625.
For fiscal years 2002 and 2003 the
commissioner of finance shall ensure
that the base level funding for the
local intervention grants program is
$27,180,000 each year.
(3) Of the amounts in clause (2),
paragraph (c) for local intervention
grants, $7,000,000 in fiscal year 2001
shall be transferred to the
commissioner of health for distribution
to county boards according to the
formula in Minnesota Statutes, section
256J.625, subdivision 3, to be used by
county public health boards to serve
families with incomes at or below 200
percent of the federal poverty
guidelines, in the manner specified by
Minnesota Statutes, section 145A.16,
subdivision 3, clauses (2) through
(6). Training, evaluation and
technical assistance shall be provided
in accordance with Minnesota Statutes,
section 145A.16, subdivisions 5 to 7.
For fiscal years 2002 and 2003 the
commissioner of finance shall ensure
that the base level funding for this
activity is $7,000,000 each year.
(4) Of the amounts in clause (1),
$250,000 in fiscal year 2001 is
appropriated to the commissioner to
contract with the board of trustees of
the Minnesota state colleges and
universities to provide tuition waivers
to employees of health care and human
services providers located in the state
that are members of qualifying
consortia operating under Minnesota
Statutes, sections 116L.10 to 116L.15.
This is a one-time appropriation.
(5) Of the amounts in clause (1),
$320,000 in fiscal year 2001 is for
training job counselors about the MFIP
program. For fiscal years 2002 and
2003 the commissioner of finance shall
ensure that the base level funding for
employment services includes $320,000
each year for this activity. The
appropriations in this clause shall not
become part of the base for the
2004-2005 biennium.
(6) Of the amounts in clause (1),
$1,000,000 in fiscal year 2001 is for
out-of-wedlock pregnancy prevention
funds to serve children in
TANF-eligible families under Minnesota
Statutes, section 256K.35. For fiscal
years 2002 and 2003 the commissioner of
finance shall ensure that the base
level funding for this program is
$1,000,000 each year. The
appropriations in this clause shall not
become part of the base for the
2004-2005 biennium.
(7) Of the amounts in clause (1),
$1,000,000 in fiscal year 2001 is to
provide services to TANF-eligible
families who are participating in the
supportive housing and managed care
pilot project under Minnesota Statutes,
section 256K.25. For fiscal years 2002
and 2003 the commissioner of finance
shall ensure that the base level
funding for this project is $1,000,000
each year. The appropriations in this
clause shall not become part of the
base for this project for the 2004-2005
biennium.
[TANF TRANSFER TO CHILD CARE BLOCK
GRANT.] $651,000 in fiscal year 2001 is
transferred from the state's federal
TANF block grant to the state's federal
child care development fund block
grant, and is appropriated to the
commissioner of children, families, and
learning for the purposes of Minnesota
Statutes, section 119B.05.
[TANF TRANSFER TO SOCIAL SERVICES.]
$7,500,000 is transferred from the
state's federal TANF block grant is
appropriated to the commissioner of
human services for transfer to the
state's federal Title XX block grant in
fiscal year 2001 and in fiscal year
2002, for purposes of increasing
services for families with children
whose incomes are at or below 200
percent of the federal poverty
guidelines. Notwithstanding section 6,
this paragraph expires June 30, 2002.
[TANF MOE.] (a) In order to meet the
basic maintenance of effort (MOE)
requirements of the TANF block grant
specified under United States Code,
title 42, section 609(a)(7), the
commissioner may only report nonfederal
money expended for allowable activities
listed in the following clauses as TANF
MOE expenditures:
(1) MFIP cash and food assistance
benefits under Minnesota Statutes,
chapter 256J;
(2) the child care assistance programs
under Minnesota Statutes, sections
119B.03 and 119B.05, and county child
care administrative costs under
Minnesota Statutes, section 119B.15;
(3) state and county MFIP
administrative costs under Minnesota
Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP
employment services under Minnesota
Statutes, chapters 256J and 256K; and
(5) expenditures made on behalf of
noncitizen MFIP recipients who qualify
for the medical assistance without
federal financial participation program
under Minnesota Statutes, section
256B.06, subdivision 4, paragraphs (d),
(e), and (j).
(b) The commissioner shall ensure that
sufficient qualified nonfederal
expenditures are made each year to meet
the state's TANF MOE requirements. For
the activities listed in paragraph (a),
clauses (2) to (6), the commissioner
may only report expenditures that are
excluded from the definition of
assistance under Code of Federal
Regulations, title 45, section 260.31.
If nonfederal expenditures for the
programs and purposes listed in
paragraph (a) are insufficient to meet
the state's TANF MOE requirements, the
commissioner shall recommend additional
allowable sources of nonfederal
expenditures to the legislature, if the
legislature is or will be in session to
take action to specify additional
sources of nonfederal expenditures for
TANF MOE before a federal penalty is
imposed. The commissioner shall
otherwise provide notice to the
legislative commission on planning and
fiscal policy under paragraph (d).
(c) If the commissioner uses authority
granted under Laws 1999, chapter 245,
article 1, section 10, or similar
authority granted by a subsequent
legislature, to meet the state's TANF
MOE requirements in a reporting period,
the commissioner shall inform the
chairs of the appropriate legislative
committees about all transfers made
under that authority for this purpose.
(d) If the commissioner determines that
nonfederal expenditures for the
programs under Minnesota Statutes,
section 256J.025, are insufficient to
meet TANF MOE expenditure requirements,
and if the legislature is not or will
not be in session to take timely action
to avoid a federal penalty, the
commissioner may report nonfederal
expenditures from other allowable
sources as TANF MOE expenditures after
the requirements of this paragraph are
met.
The commissioner may report nonfederal
expenditures in addition to those
specified under paragraph (a) as
nonfederal TANF MOE expenditures, but
only ten days after the commissioner of
finance has first submitted the
commissioner's recommendations for
additional allowable sources of
nonfederal TANF MOE expenditures to the
members of the legislative commission
on planning and fiscal policy for their
review.
(e) The commissioner of finance shall
not incorporate any changes in federal
TANF expenditures or nonfederal
expenditures for TANF MOE that may
result from reporting additional
allowable sources of nonfederal TANF
MOE expenditures under the interim
procedures in paragraph (d) into the
February or November forecasts required
under Minnesota Statutes, section
16A.103, unless the commissioner of
finance has approved the additional
sources of expenditures under paragraph
(d).
(f) The provisions of paragraphs (a) to
(e) supersede any contrary provisions
in Laws 1999, chapter 245, article 1,
section 2, subdivision 10.
(g) The provisions of Minnesota
Statutes, section 256.011, subdivision
3, which require that federal grants or
aids secured or obtained under that
subdivision be used to reduce any
direct appropriations provided by law
do not apply if the grants or aids are
federal TANF funds.
(h) Notwithstanding section 6 of this
article, paragraphs (a) to (g) expire
June 30, 2003.
(i) Paragraphs (a) to (h) are effective
the day following final enactment.
(a) Assistance to Families Grants
9,628,000 (2,305,000)
(b) Work Grants
-0- (250,000)
(c) AFDC and Other Assistance
20,000,000 30,734,000
[TRANSFERS TO MINNESOTA HOUSING FINANCE
AGENCY.] (a) By June 30, 2001, the
commissioner shall transfer $50,000,000
of the general funds appropriated under
this paragraph to the Minnesota housing
finance agency for transfer to the
housing development fund. The program
funded by this transfer shall be known
as the "Bruce F. Vento Year 2000
Affordable Housing Program." Up to
$15,000,000 $20,000,000 may be
transferred in fiscal year 2000.
(b) Of the funds transferred in
paragraph (a), $5,000,000 in fiscal
year 2001 and $15,000,000 in fiscal
year 2002 is for a loan to Habitat for
Humanity of Minnesota, Inc. The loan
shall be an interest-free deferred
loan. The loan shall become due and
payable in the event and to the extent
that Habitat for Humanity of Minnesota,
Inc. does not invest repayments and
prepayment of mortgage loans financed
with this appropriation in new
mortgages for additional homebuyers
through Habitat for Humanity of
Minnesota, Inc. To the extent
practicable, funding must be allocated
to Habitat for Humanity chapters on the
basis of the number of MFIP households
residing within a chapter's service
area compared to the statewide total of
MFIP households and on the basis of a
chapter's capacity.
(c) Of the funds transferred in
paragraph (a), $15,000,000 in fiscal
year 2001 and $15,000,000 in fiscal
year 2002 is for the affordable rental
investment fund program under Minnesota
Statutes, section 462A.21, subdivision
8b. To the extent practicable, the
number of units financed with the
appropriation under this paragraph
within a city, county, or region shall
reflect the number of MFIP households
residing within the city, county, or
region compared to the statewide total
of MFIP households. This appropriation
must be used to finance rental housing
units that serve families:
(1) receiving MFIP benefits under
Minnesota Statutes, section 256J.01, or
its successor program; and
(2) who have lost eligibility for MFIP
due to increased income from employment
or due to the collection of child or
spousal support under part D of title
IV of the Social Security Act.
Units produced with this appropriation
must remain affordable for a 30-year
period.
In order to coordinate the availability
of housing developed with the
appropriation under this paragraph with
MFIP families in need of affordable
housing, the commissioner of the
Minnesota housing finance agency, with
the assistance of the commissioner of
human services, shall establish
cooperative relationships with county
agencies as defined in Minnesota
Statutes, section 256J.08, local
employment and training service
providers as defined in Minnesota
Statutes, section 256J.49, local social
service agencies, or other
organizations that provide assistance
to MFIP households.
The commissioner of the Minnesota
housing finance agency shall develop
strategies to promote occupancy of the
units financed by the appropriation
under this paragraph by households most
in need of subsidized housing. The
strategies shall include provisions
that encourage households to move into
homeownership or unsubsidized housing
as the household secures stable
employment and achieves
self-sufficiency. The commissioner of
the Minnesota housing finance agency
shall consult with interested parties
in developing these strategies.
(d) The commissioner of the Minnesota
housing finance agency and the
commissioner of human services shall
jointly prepare and submit a report to
the governor and the legislature on the
results of the funding provided under
this section. The report shall include:
(1) information on the number of units
produced;
(2) the household size and income of
the occupants of the units at initial
occupancy; and
(3) to the extent the information is
available, measures related to the
occupants' attachment to the workforce
and public assistance usage, and number
of occupant moves.
The report must be submitted annually
beginning January 15, 2003.
(e) Section 6, sunset of uncodified
language, does not apply to paragraphs
(a) to (d). Paragraphs (a) to (d) are
effective the day following final
enactment.
[WORKING FAMILY CREDIT.] (a) On a
regular basis, the commissioner of
revenue, with the assistance of the
commissioner of human services, shall
calculate the value of the refundable
portion of the Minnesota working family
credits provided under Minnesota
Statutes, section 290.0671, that
qualifies for federal reimbursement
from the temporary assistance to needy
families block grant. The commissioner
of revenue shall provide the
commissioner of human services with
such expenditure records and
information as are necessary to support
draws of federal funds. The
commissioner of human services shall
reimburse the commissioner of revenue
for the costs of providing the
information required by this paragraph.
(b) Federal TANF funds, as specified in
this paragraph, are appropriated to the
commissioner of human services based on
calculations under paragraph (a) of
working family tax credit expenditures
that qualify for reimbursement from the
TANF block grant for income tax refunds
payable in federal fiscal years
beginning October 1, 1999. The draws
of federal TANF funds shall be made on
a regular basis based on calculations
of credit expenditures by the
commissioner of revenue. Up to the
following amounts of federal TANF draws
are appropriated to the commissioner of
human services to deposit into the
general fund: in fiscal year 2000,
$30,957,000 $20,000,000; and in fiscal
year 2001, $33,895,000 $40,449,000.
(d) General Assistance
557,000 (3,134,000)
(e) Minnesota Supplemental Aid
324,000 323,000
Sec. 23. [CORRECTION 14B.] Minnesota Statutes 1999
Supplement, section 256B.431, subdivision 28, as amended by Laws
2000, chapter 488, article 9, section 19, is amended to read:
Subd. 28. [NURSING FACILITY RATE INCREASES BEGINNING JULY
1, 1999, AND JULY 1, 2000.] (a) For the rate years beginning
July 1, 1999, and July 1, 2000, the commissioner shall make
available to each nursing facility reimbursed under this section
or section 256B.434 an adjustment to the total operating payment
rate. For nursing facilities reimbursed under this section or
section 256B.434, the July 1, 2000, operating payment rate
increases provided in this subdivision shall be applied to each
facility's June 30, 2000, operating payment rate. For each
facility, total operating costs shall be separated into costs
that are compensation related and all other costs.
Compensation-related costs include salaries, payroll taxes, and
fringe benefits for all employees except management fees, the
administrator, and central office staff.
(b) For the rate year beginning July 1, 1999, the
commissioner shall make available a rate increase for
compensation-related costs of 4.843 percent and a rate increase
for all other operating costs of 3.446 percent.
(c) For the rate year beginning July 1, 2000, the
commissioner shall make available:
(1) a rate increase for compensation-related costs of 3.632
percent;
(2) an additional rate increase for each case mix payment
rate which must be used to increase the per-hour pay rate of all
employees except management fees, the administrator, and central
office staff by an equal dollar amount and to pay associated
costs for FICA, the Medicare tax, workers' compensation
premiums, and federal and state unemployment insurance, to be
calculated according to clauses (i) to (iii):
(i) the commissioner shall calculate the arithmetic mean of
the eleven June 30, 2000, operating rates for each facility;
(ii) the commissioner shall construct an array of nursing
facilities from highest to lowest, according to the arithmetic
mean calculated in clause (i). A numerical rank shall be
assigned to each facility in the array. The facility with the
highest mean shall be assigned a numerical rank of one. The
facility with the lowest mean shall be assigned a numerical rank
equal to the total number of nursing facilities in the array.
All other facilities shall be assigned a numerical rank in
accordance with their position in the array;
(iii) the amount of the additional rate increase shall be
$1 plus an amount equal to $3.13 multiplied by the ratio of the
facility's numeric rank divided by the number of facilities in
the array; and
(3) a rate increase for all other operating costs of 2.585
percent.
Money received by a facility as a result of the additional
rate increase provided under clause (2) shall be used only for
wage increases implemented on or after July 1, 2000, and shall
not be used for wage increases implemented prior to that date.
(d) The payment rate adjustment for each nursing facility
must be determined under clause (1) or (2):
(1) for each nursing facility that reports salaries for
registered nurses, licensed practical nurses, aides, orderlies,
and attendants separately, the commissioner shall determine the
payment rate adjustment using the categories specified in
paragraph (a) multiplied by the rate increases specified in
paragraph (b) or (c), and then dividing the resulting amount by
the nursing facility's actual resident days. In determining the
amount of a payment rate adjustment for a nursing facility
reimbursed under section 256B.434, the commissioner shall
determine the proportions of the facility's rates that are
compensation-related costs and all other operating costs based
on the facility's most recent cost report; and
(2) for each nursing facility that does not report salaries
for registered nurses, licensed practical nurses, aides,
orderlies, and attendants separately, the payment rate
adjustment shall be computed using the facility's total
operating costs, separated into the categories specified in
paragraph (a) in proportion to the weighted average of all
facilities determined under clause (1), multiplied by the rate
increases specified in paragraph (b) or (c), and then dividing
the resulting amount by the nursing facility's actual resident
days.
(e) A nursing facility may apply for the
compensation-related payment rate adjustment calculated under
this subdivision. The application must be made to the
commissioner and contain a plan by which the nursing facility
will distribute the compensation-related portion of the payment
rate adjustment to employees of the nursing facility. For
nursing facilities in which the employees are represented by an
exclusive bargaining representative, an agreement negotiated and
agreed to by the employer and the exclusive bargaining
representative constitutes the plan. For the second rate year,
a negotiated agreement constitutes the plan only if the
agreement is finalized after the date of enactment of all rate
increases for the second rate year. The commissioner shall
review the plan to ensure that the payment rate adjustment per
diem is used as provided in paragraphs (a) to (c). To be
eligible, a facility must submit its plan for the compensation
distribution by December 31 each year. A facility may amend its
plan for the second rate year by submitting a revised plan by
December 31, 2000. If a facility's plan for compensation
distribution is effective for its employees after July 1 of the
year that the funds are available, the payment rate adjustment
per diem shall be effective the same date as its plan.
(f) A copy of the approved distribution plan must be made
available to all employees. This must be done by giving each
employee a copy or by posting it in an area of the nursing
facility to which all employees have access. If an employee
does not receive the compensation adjustment described in their
facility's approved plan and is unable to resolve the problem
with the facility's management or through the employee's union
representative, the employee may contact the commissioner at an
address or phone number provided by the commissioner and
included in the approved plan.
(g) If the reimbursement system under section 256B.435 is
not implemented until July 1, 2001, the salary adjustment per
diem authorized in subdivision 2i, paragraph (c), shall continue
until June 30, 2001.
(h) For the rate year beginning July 1, 1999, the following
nursing facilities shall be allowed a rate increase equal to 67
percent of the rate increase that would be allowed if
subdivision 26, paragraph (a), was not applied:
(1) a nursing facility in Carver county licensed for 33
nursing home beds and four boarding care beds;
(2) a nursing facility in Faribault county licensed for 159
nursing home beds on September 30, 1998; and
(3) a nursing facility in Houston county licensed for 68
nursing home beds on September 30, 1998.
(i) For the rate year beginning July 1, 1999, the following
nursing facilities shall be allowed a rate increase equal to 67
percent of the rate increase that would be allowed if
subdivision 26, paragraphs (a) and (b), were not applied:
(1) a nursing facility in Chisago county licensed for 135
nursing home beds on September 30, 1998; and
(2) a nursing facility in Murray county licensed for 62
nursing home beds on September 30, 1998.
(j) For the rate year beginning July 1, 1999, a nursing
facility in Hennepin county licensed for 134 beds on September
30, 1998, shall:
(1) have the prior year's allowable care-related per diem
increased by $3.93 and the prior year's other operating cost per
diem increased by $1.69 before adding the inflation in
subdivision 26, paragraph (d), clause (2); and
(2) be allowed a rate increase equal to 67 percent of the
rate increase that would be allowed if subdivision 26,
paragraphs (a) and (b), were not applied.
The increases provided in paragraphs (h), (i), and (j)
shall be included in the facility's total payment rates for the
purposes of determining future rates under this section or any
other section.
Sec. 24. [CORRECTION 14C.] Minnesota Statutes 1998,
section 256B.501, subdivision 13, as added by Laws 2000, chapter
488, article 9, section 23, is amended to read:
Subd. 13. [ICF/MR RATE INCREASES BEGINNING OCTOBER 1,
1999, AND OCTOBER 1, 2000.] (a) For the rate years beginning
October 1, 1999, and October 1, 2000, the commissioner shall
make available to each facility reimbursed under this section,
section 256B.5011, and Laws 1993, First Special Session chapter
1, article 4, section 11, an adjustment to the total operating
payment rate. For each facility, total operating costs shall be
separated into costs that are compensation related and all other
costs. "Compensation-related costs" means the facility's
allowable program operating cost category employee training
expenses and the facility's allowable salaries, payroll taxes,
and fringe benefits. The term does not include these same
salary-related costs for both administrative or central office
employees.
For the purpose of determining the adjustment to be granted
under this subdivision, the commissioner must use the most
recent cost report that has been subject to desk audit.
(b) For the rate year beginning October 1, 1999, the
commissioner shall make available a rate increase for
compensation-related costs of 4.6 percent and a rate increase
for all other operating costs of 3.2 percent.
(c) For the rate year beginning October 1, 2000, the
commissioner shall make available:
(1) a rate increase for compensation related costs of 6.5
6.6 percent, 45 percent of which shall be used to increase the
per-hour pay rate of all employees except administrative and
central office employees by an equal dollar amount and to pay
associated costs for FICA, the Medicare tax, workers'
compensation premiums, and federal and state unemployment
insurance provided that this portion of the compensation-related
increase shall be used only for wage increases implemented on or
after October 1, 2000, and shall not be used for wage increases
implemented prior to that date; and
(2) a rate increase for all other operating costs of two
percent.
(d) For each facility, the commissioner shall determine the
payment rate adjustment using the categories specified in
paragraph (a) multiplied by the rate increases specified in
paragraph (b) or (c), and then dividing the resulting amount by
the facility's actual resident days.
(e) Any facility whose payment rates are governed by
closure agreements, receivership agreements, or Minnesota Rules,
part 9553.0075, are not eligible for an adjustment otherwise
granted under this subdivision.
(f) A facility may apply for the compensation-related
payment rate adjustment calculated under this subdivision. The
application must be made to the commissioner and contain a plan
by which the facility will distribute the compensation-related
portion of the payment rate adjustment to employees of the
facility. For facilities in which the employees are represented
by an exclusive bargaining representative, an agreement
negotiated and agreed to by the employer and the exclusive
bargaining representative constitutes the plan. For the second
rate year, a negotiated agreement may constitute the plan only
if the agreement is finalized after the date of enactment of all
rate increases for the second rate year. The commissioner shall
review the plan to ensure that the payment rate adjustment per
diem is used as provided in this subdivision. To be eligible, a
facility must submit its plan for the compensation distribution
by December 31 each year. A facility may amend its plan for the
second rate year by submitting a revised plan by December 31,
2000. If a facility's plan for compensation distribution is
effective for its employees after October 1 of the year that the
funds are available, the payment rate adjustment per diem shall
be effective the same date as its plan.
(g) A copy of the approved distribution plan must be made
available to all employees. This must be done by giving each
employee a copy or by posting it in an area of the facility to
which all employees have access. If an employee does not
receive the compensation adjustment described in their
facility's approved plan and is unable to resolve the problem
with the facility's management or through the employee's union
representative, the employee may contact the commissioner at an
address or telephone number provided by the commissioner and
included in the approved plan.
Sec. 25. [CORRECTION 14D.] Laws 1999, chapter 245, article
1, section 2, subdivision 8, as amended by Laws 2000, chapter
488, article 9, section 29, is amended to read:
Subd. 8. Continuing Care and
Community Support Grants
General 1,174,195,000 1,259,767,000
Lottery Prize 1,158,000 1,158,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Community Social Services
Block Grants
42,597,000 43,498,000
[CSSA TRADITIONAL APPROPRIATION.]
Notwithstanding Minnesota Statutes,
section 256E.06, subdivisions 1 and 2,
the appropriations available under that
section in fiscal years 2000 and 2001
must be distributed to each county
proportionately to the aid received by
the county in calendar year 1998. 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, 2000.
(b) Consumer Support Grants
1,123,000 1,123,000
(c) Aging Adult Service Grants
7,965,000 7,765,000
[LIVING-AT-HOME/BLOCK NURSE PROGRAM.]
Of the general fund appropriation,
$120,000 in fiscal year 2000 and
$120,000 in fiscal year 2001 is for the
commissioner to provide funding to six
additional living-at-home/block nurse
programs. This appropriation shall
become part of the base for the
2002-2003 biennium.
[MINNESOTA SENIOR SERVICE CORPS.] Of
this appropriation, $160,000 for the
biennium is from the general fund to
the commissioner for the following
purposes:
(a) $40,000 in fiscal year 2000 and
$40,000 in fiscal year 2001 is to
increase the hourly stipend by ten
cents per hour in the foster
grandparent program, the retired and
senior volunteer program, and the
senior companion program.
(b) $40,000 in fiscal year 2000 and
$40,000 in fiscal year 2001 is for a
grant to the tri-valley opportunity
council in Crookston to expand services
in the ten-county area of northwestern
Minnesota.
(c) This appropriation shall become
part of the base for the 2002-2003
biennium.
[HEALTH INSURANCE COUNSELING.] Of this
appropriation, $100,000 in fiscal year
2000 and $100,000 in fiscal year 2001
is from the general fund to the
commissioner to transfer to the board
on aging for the purpose of awarding
health insurance counseling and
assistance grants to the area agencies
on aging providing state-funded health
insurance counseling services. Access
to health insurance counseling programs
shall be provided by the senior linkage
line service of the board on aging and
the area agencies on aging. The board
on aging shall explore opportunities
for obtaining alternative funding from
nonstate sources, including
contributions from individuals seeking
health insurance counseling services.
This is a one-time appropriation and
shall not become part of base level
funding for this activity for the
2002-2003 biennium.
(d) Deaf and Hard-of-Hearing
Services Grants
1,859,000 1,760,000
[SERVICES TO DEAF PERSONS WITH MENTAL
ILLNESS.] Of this appropriation,
$100,000 each year is to the
commissioner 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. The
grant must be used to operate a
community support program for persons
with mental illness that is
communicatively accessible for persons
who are deaf or hard-of-hearing. This
is a one-time appropriation and shall
not become part of base level funding
for this activity for the 2002-2003
biennium.
[DEAF-BLIND ORIENTATION AND MOBILITY
SERVICES.] Of this appropriation,
$120,000 for the biennium is to the
commissioner for a grant to DeafBlind
Services Minnesota to hire an
orientation, mobility, and deaf-blind
specialist to work with deaf-blind
people and for related costs. The
specialist will provide services to
deaf-blind Minnesotans, and training to
teachers and rehabilitation counselors,
on a statewide basis. This
appropriation shall become part of base
level funding for this activity for the
2002-2003 biennium only and shall not
be part of the base for the 2004-2005
biennium. Notwithstanding section 13,
this paragraph expires on June 30, 2003.
(e) Mental Health Grants
General 45,169,000 46,528,000
Lottery Prize 1,158,000 1,158,000
[CRISIS HOUSING.] Of the general fund
appropriation, $126,000 in fiscal year
2000 and $150,000 in fiscal year 2001
is to the commissioner for the adult
mental illness crisis housing
assistance program under Minnesota
Statutes, section 245.99. This
appropriation shall become part of the
base for the 2002-2003 biennium.
[ADOLESCENT COMPULSIVE GAMBLING GRANT.]
$150,000 in fiscal year 2000 and
$150,000 in fiscal year 2001 is
appropriated from the lottery prize
fund created under Minnesota Statutes,
section 349A.10, subdivision 2, 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.
(f) Developmental Disabilities
Community Support Grants
9,323,000 10,958,000
[CRISIS INTERVENTION PROJECT.] Of this
appropriation, $40,000 in fiscal year
2000 is to the commissioner for the
action, support, and prevention project
of southeastern Minnesota.
[SILS FUNDING.] Of this appropriation,
$1,000,000 each year is for
semi-independent living services under
Minnesota Statutes, section 252.275.
This appropriation must be added to the
base level funding for this activity
for the 2002-2003 biennium. Unexpended
funds for fiscal year 2000 do not
cancel but are available to the
commissioner for this purpose in fiscal
year 2001.
[FAMILY SUPPORT GRANTS.] Of this
appropriation, $1,000,000 in fiscal
year 2000 and $2,500,000 in fiscal year
2001 is to increase the availability of
family support grants under Minnesota
Statutes, section 252.32. This
appropriation must be added to the base
level funding for this activity for the
2002-2003 biennium. Unexpended funds
for fiscal year 2000 do not cancel but
are available to the commissioner for
this purpose in fiscal year 2001.
(g) Medical Assistance Long-Term
Care Waivers and Home Care
349,052,000 414,240,000
[PROVIDER RATE INCREASES.] (a) The
commissioner shall increase
reimbursement rates by four percent the
first year of the biennium and by
5.9 six percent the second year for the
providers listed in paragraph (b). The
increases shall be effective for
services rendered on or after July 1 of
each year.
(b) The rate increases described in
this section shall be provided to home
and community-based waivered services
for persons with mental retardation or
related conditions under Minnesota
Statutes, section 256B.501; home and
community-based waivered services for
the elderly under Minnesota Statutes,
section 256B.0915; waivered services
under community alternatives for
disabled individuals under Minnesota
Statutes, section 256B.49; community
alternative care waivered services
under Minnesota Statutes, section
256B.49; traumatic brain injury
waivered 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 252.46; 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; 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; and community
support services for deaf and
hard-of-hearing adults with mental
illness who use or wish to use sign
language as their primary means of
communication.
(c) The commissioner shall increase
reimbursement rates by two percent for
the group residential housing
supplementary service rate under
Minnesota Statutes, section 256I.05,
subdivision 1a, for services rendered
on or after January 1, 2000.
(d) Providers that receive a rate
increase under this section shall use
at least 80 percent of the additional
revenue the first year to increase the
compensation paid to employees other
than the administrator and central
office staff. In the second year,
providers must use the additional
revenue as follows:
(1) at least 41 40 percent to increase
the compensation paid to employees
other than the administrator and
central office staff;
(2) at least 49 50 percent to increase
the per-hour pay rate of all employees
other than the administrator and
central office staff by an equal dollar
amount and to pay associated costs for
FICA, the Medicare tax, workers'
compensation premiums, and federal and
state unemployment insurance. For
public employees, the portion of this
increase reserved to increase the
per-hour pay rate for certain staff by
an equal dollar amount shall be
available and pay rates shall be
increased only to the extent that they
comply with laws governing public
employees collective bargaining. Money
received by a provider as a result of
the additional rate increase described
in this clause shall be used only for
wage increases implemented on or after
July 1, 2000, and shall not be used for
wage increases implemented prior to
that date; and
(3) up to ten percent for other
purposes.
(e) A copy of the provider's plan for
complying with paragraph (d) must be
made available to all employees. This
must be done by giving each employee a
copy or by posting it in an area of the
provider's operation to which all
employees have access. If an employee
does not receive the salary adjustment
described in the plan and is unable to
resolve the problem with the provider,
the employee may contact the employee's
union representative. If the employee
is not covered by a collective
bargaining agreement, the employee may
contact the commissioner at a phone
number provided by the commissioner and
included in the provider's plan.
(f) Section 13, sunset of uncodified
language, does not apply to this
provision.
[DEVELOPMENTAL DISABILITIES WAIVER
SLOTS.] Of this appropriation,
$1,746,000 in fiscal year 2000 and
$4,683,000 in fiscal year 2001 is to
increase the availability of home and
community-based waiver services for
persons with mental retardation or
related conditions.
(h) Medical Assistance Long-Term
Care Facilities
546,228,000 558,349,000
[MORATORIUM EXCEPTIONS.] Of this
appropriation, $250,000 in fiscal year
2000 and $250,000 in fiscal year 2001
is from the general fund to the
commissioner 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 2000 shall not cancel but
shall be available for fiscal year 2001.
[NURSING FACILITY OPERATED BY THE RED
LAKE BAND OF CHIPPEWA INDIANS.] (1) The
medical assistance payment rates for
the 47-bed nursing facility operated by
the Red Lake Band of Chippewa Indians
must be calculated according to
allowable reimbursement costs under the
medical assistance program, as
specified in Minnesota Statutes,
section 246.50, and are subject to the
facility-specific Medicare upper limits.
(2) In addition, the commissioner shall
make available an operating payment
rate adjustment effective July 1, 1999,
and July 1, 2000, that is equal to the
adjustment provided under Minnesota
Statutes, section 256B.431, subdivision
28. The commissioner must use the
facility's final 1998 and 1999 Medicare
cost reports, respectively, to
calculate the adjustment. The
adjustment shall be available based on
a plan submitted and approved according
to Minnesota Statutes, section
256B.431, subdivision 28. Section 13,
sunset of uncodified language, does not
apply to this paragraph.
[COSTS RELATED TO FACILITY
CERTIFICATION.] Of this appropriation,
$168,000 is for the costs of providing
one-half the state share of medical
assistance reimbursement for
residential and day habilitation
services under article 3, section 39.
This amount is available the day
following final enactment.
(i) Alternative Care Grants
General 60,873,000 59,981,000
[ALTERNATIVE CARE TRANSFER.] Any money
allocated to the alternative care
program that is not spent for the
purposes indicated does not cancel but
shall be transferred to the medical
assistance account.
[PREADMISSION SCREENING AMOUNT.] The
preadmission screening payment to all
counties shall continue at the payment
amount in effect for fiscal year 1999.
[ALTERNATIVE CARE APPROPRIATION.] The
commissioner may expend the money
appropriated for the alternative care
program for that purpose in either year
of the biennium.
(j) Group Residential Housing
General 66,477,000 70,390,000
[GROUP RESIDENTIAL FACILITY FOR WOMEN
IN RAMSEY COUNTY.] (a) Notwithstanding
Minnesota Statutes 1998, section
256I.05, subdivision 1d, the new 23-bed
group residential facility for women in
Ramsey county, with approval by the
county agency, may negotiate a
supplementary service rate in addition
to the board and lodging rate for
facilities licensed and registered by
the Minnesota department of health
under Minnesota Statutes, section
15.17. The supplementary service rate
shall not exceed $564 per person per
month and the total rate may not exceed
$1,177 per person per month.
(b) Of the general fund appropriation,
$19,000 in fiscal year 2000 and $38,000
in fiscal year 2001 is to the
commissioner for the costs associated
with paragraph (a). This appropriation
shall become part of the base for the
2002-2003 biennium.
(k) Chemical Dependency
Entitlement Grants
General 36,751,000 38,847,000
(l) Chemical Dependency
Nonentitlement Grants
General 6,778,000 6,328,000
[CHEMICAL DEPENDENCY SERVICES.] Of this
appropriation, $450,000 in fiscal year
2000 is to the commissioner for
chemical dependency services to persons
who qualify under Minnesota Statutes,
section 254B.04, subdivision 1,
paragraph (b).
Sec. 26. [CORRECTION 14E.] Laws 2000, chapter 488, article
9, section 37, is amended to read:
Sec. 37. [INCONSISTENT AMENDMENTS.]
The amendments to Minnesota Statutes, section 256B.501,
subdivision 13, in section 10 23 prevail over the amendments to
that section in 2000 H.F. No. 3557, if enacted.
Sec. 27. [CORRECTION 15.] Laws 2000, chapter 463, section
23, subdivision 2, is amended to read:
Subd. 2. [GAME AND FISH FUND.] (a) $3,591,000 in fiscal
year 2001 is appropriated from the game and fish fund to the
commissioner of natural resources for fish and wildlife
management. At least 87 percent of this appropriation must be
allocated for field operations.
(b) $825,000 in fiscal year 2001 is appropriated from the
game and fish fund is to the commissioner of natural resources
for enforcement of natural resources laws.
(c) $12,304,000 in fiscal year 2001 is appropriated from
the heritage enhancement account in the game and fish fund to
the commissioner of natural resources for game and fish projects
on public and private lands. This is a one-time appropriation
and is from the revenue deposited to the game and fish fund
under Minnesota Statutes, section 297A.44, subdivision 1,
paragraph (e), clause (1), and is subject to the restrictions
contained in paragraph (e).
Sec. 28. [CORRECTION 16.] Laws 2000, chapter 489, article
2, section 34, is amended to read:
Sec. 34. [TRAINING AND EXPERIENCE REPLACEMENT REVENUE.]
(a) For fiscal year 2001 only, a school district's training
and experience replacement revenue equals the sum of the
following:
(1) the ratio of the amount of training and experience
revenue the district would have received for fiscal year 1999
calculated using the training and experience index in Minnesota
Statutes 1996, section 124A.04, to its resident pupil units for
that year, times the district's adjusted marginal cost pupil
units for fiscal year 2001, times .06 .056; plus
(2) the difference between .47 times the training and
experience revenue the district would have received for fiscal
year 1999, calculated using the training and experience index in
Minnesota Statutes 1996, section 124A.04, and the amount
calculated in Minnesota Statutes, section 126C.10, subdivision
5, for fiscal year 2001, but not less than zero.
(b) This revenue is paid entirely in fiscal year 2001.
Sec. 29. [CORRECTION 16A.] Minnesota Statutes 1999
Supplement, section 123B.54, as amended by Laws 2000, chapter
489, article 5, section 4, is amended to read:
123B.54 [DEBT SERVICE APPROPRIATION.]
(a) $33,141,000 in fiscal year 2000, $29,400,000 in fiscal
year 2001, $26,934,000 in fiscal year 2002,
and $25,540,000 $24,540,000 in fiscal year 2003 and each year
thereafter is appropriated from the general fund to the
commissioner of children, families, and learning for payment of
debt service equalization aid under section 123B.53.
(b) The appropriations in paragraph (a) must be reduced by
the amount of any money specifically appropriated for the same
purpose in any year from any state fund.
Sec. 30. [CORRECTION 16B.] Laws 1999, chapter 241, article
2, section 60, subdivision 14, as amended by Laws 2000, chapter
489, article 3, section 21, is amended to read:
Subd. 14. [SPECIAL EDUCATION EXCESS COST AID.] For excess
cost aid:
$66,032,000 ..... 2000
$89,072,000 $89,137,000 ..... 2001
The 2000 appropriation includes $4,693,000 for 1999 and
$61,339,000 for 2000.
The 2001 appropriation includes $6,815,000 for 2000
and $82,257,000 $82,322,000 for 2001.
Sec. 31. [CORRECTION 16C.] Laws 2000, chapter 489, article
5, section 28, subdivision 4, is amended to read:
Subd. 4. [ONE-TIME DEFERRED MAINTENANCE AID.] For one-time
deferred maintenance aid:
$23,260,000 $23,360,000 ..... 2001
This is a one-time appropriation.
Sec. 32. [CORRECTION 16D.] Minnesota Statutes 1999
Supplement, section 125A.76, subdivision 1, as amended by Laws
2000, chapter 489, article 3, section 11, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the definitions in this subdivision apply.
(a) "Base year" for fiscal year 1998 and later fiscal years
means the second fiscal year preceding the fiscal year for which
aid will be paid.
(b) "Basic revenue" has the meaning given it in section
126C.10, subdivision 2. For the purposes of computing basic
revenue pursuant to this section, each child with a disability
shall be counted as prescribed in section 126C.05, subdivision 1.
(c) "Essential personnel" means teachers, related services,
and support services staff providing direct services to students.
(d) "Average daily membership" has the meaning given it in
section 126C.05.
(e) "Program growth factor" means 1.08 for fiscal year
2002, and 1.047 1.046 for fiscal year 2003 and later.
Sec. 33. [CORRECTION 17.] Minnesota Statutes 1999
Supplement, section 245.4871, subdivision 4, as amended by Laws
2000, chapter 474, section 4, is amended to read:
Subd. 4. [CASE MANAGEMENT SERVICE PROVIDER.] (a) "Case
management service provider" means a case manager or case
manager associate employed by the county or other entity
authorized by the county board to provide case management
services specified in subdivision 3 for the child with severe
emotional disturbance and the child's family.
(b) A case manager must:
(1) have experience and training in working with children;
(2) have at least a bachelor's degree in one of the
behavioral sciences or a related field including, but not
limited to, social work, psychology, or nursing from an
accredited college or university or meet the requirements of
paragraph (d);
(3) have experience and training in identifying and
assessing a wide range of children's needs;
(4) be knowledgeable about local community resources and
how to use those resources for the benefit of children and their
families; and
(5) meets the supervision and continuing education
requirements of paragraphs (e), (f), and (g), as applicable.
(c) A case manager may be a member of any professional
discipline that is part of the local system of care for children
established by the county board.
(d) A case manager without a bachelor's degree must meet
one of the requirements in clauses (1) to (3):
(1) have three or four years of experience as a case
manager associate;
(2) be a registered nurse without a bachelor's degree who
has a combination of specialized training in psychiatry and work
experience consisting of community interaction and involvement
or community discharge planning in a mental health setting
totaling three years; or
(3) be a person who qualified as a case manager under the
1998 department of human services waiver provision and meets the
continuing education, supervision, and mentoring requirements in
this section.
(e) A case manager with at least 2,000 hours of supervised
experience in the delivery of mental health services to children
must receive regular ongoing supervision and clinical
supervision totaling 38 hours per year, of which at least one
hour per month must be clinical supervision regarding individual
service delivery with a case management supervisor. The other
26 hours of supervision may be provided by a case manager with
two years of experience. Group supervision may not constitute
more than one-half of the required supervision hours.
(f) A case manager without 2,000 hours of supervised
experience in the delivery of mental health services to children
with emotional disturbance must:
(1) begin 40 hours of training approved by the commissioner
of human services in case management skills and in the
characteristics and needs of children with severe emotional
disturbance before beginning to provide case management
services; and
(2) receive clinical supervision regarding individual
service delivery from a mental health professional at least one
hour each week until the requirement of 2,000 hours of
experience is met.
(g) A case manager who is not licensed, registered, or
certified by a health-related licensing board must receive 30
hours of continuing education and training in severe emotional
disturbance and mental health services annually.
(h) Clinical supervision must be documented in the child's
record. When the case manager is not a mental health
professional, the county board must provide or contract for
needed clinical supervision.
(i) The county board must ensure that the case manager has
the freedom to access and coordinate the services within the
local system of care that are needed by the child.
(j) A case manager associate (CMA) must:
(1) work under the direction of a case manager or case
management supervisor;
(2) be at least 21 years of age;
(3) have at least a high school diploma or its equivalent;
and
(4) meet one of the following criteria:
(i) have an associate of arts degree in one of the
behavioral sciences or human services;
(ii) be a registered nurse without a bachelor's degree;
(iii) have three years of life experience as a primary
caregiver to a child with serious emotional disturbance as
defined in section 245.4871, subdivision 6, within the previous
ten years;
(iv) have 6,000 hours work experience as a nondegreed state
hospital technician; or
(v) be a mental health practitioner as defined in section
245.462, subdivision 26, clause (2).
Individuals meeting one of the criteria in items (i) to
(iv) may qualify as a case manager after four years of
supervised work experience as a case manager associate.
Individuals meeting the criteria in item (v) may qualify as a
case manager after three years of supervised experience as a
case manager associate.
(k) Case manager associates must meet the following
supervision, mentoring, and continuing education requirements;
(1) have 40 hours of preservice training described under
paragraph (f), clause (1);
(2) receive at least 40 hours of continuing education in
severe emotional disturbance and mental health service annually;
and
(3) receive at least five hours of mentoring per week from
a case management mentor. A "case management mentor" means a
qualified, practicing case manager or case management supervisor
who teaches or advises and provides intensive training and
clinical supervision to one or more case manager associates.
Mentoring may occur while providing direct services to consumers
in the office or in the field and may be provided to individuals
or groups of case manager associates. At least two mentoring
hours per week must be individual and face-to-face.
(l) A case management supervisor must meet the criteria for
a mental health professional as specified in section 245.4871,
subdivision 27.
(m) An immigrant who does not have the qualifications
specified in this subdivision may provide case management
services to child immigrants with severe emotional disturbance
of the same ethnic group as the immigrant if the person:
(1) is currently enrolled in and is actively pursuing
credits toward the completion of a bachelor's degree in one of
the behavioral sciences or related fields at an accredited
college or university;
(2) completes 40 hours of training as specified in this
subdivision; and
(3) receives clinical supervision at least once a week
until the requirements of obtaining a bachelor's degree and
2,000 hours of supervised experience are met.
Sec. 34. [CORRECTION 18.]
Laws 2000, chapter 492, article 1, section 7, subdivision
31, is repealed.
Sec. 35. [CORRECTION 19.] Laws 2000, chapter 429, section
1, is amended to read:
Section 1. [INCOME EXCLUSION OR DISREGARD.]
(a) The earned income that a temporary census employee for
the 2000 census receives from the United States Census Bureau is
excluded from income under Minnesota Statutes, sections
256B.056, subdivision 4 1a; 256D.03, subdivision 3; 256J.21,
subdivision 2; and 256L.01, subdivision 5, and disregarded as
income under Minnesota Statutes, sections 256D.06, subdivision
1; and 256D.435, subdivision 5.
(b) An income exclusion or disregard under paragraph (a)
applies to a person receiving benefits on or before March 1,
2000, under Minnesota Statutes, chapter 256B, 256J, or 256L, or
sections 256D.03, subdivision 3, 256D.06, or 256D.33 to 256D.54.
Sec. 36. [CORRECTION 21.] Laws 2000, chapter 489, article
6, section 44, subdivision 1, is amended to read:
Subdivision 1. [LABOR DAY START.] Notwithstanding
Minnesota Statutes, section 120A.40, paragraph (a), for the
2000-2001 school year only, a district must not begin the
elementary or secondary school year prior to Labor Day.
Sec. 37. [CORRECTION 24.] Laws 2000, chapter 492, article
1, section 12, subdivision 10, is amended to read:
Subd. 10. Capitol Building Predesign 300,000
To predesign the phased restoration of
remaining areas in the capitol building.
The commissioner of administration
shall appoint a restoration advisory
committee, which must include any
members or employees of the senate
named by the chair of the committee on
rules and administration, and any
members or employees of the house named
by the speaker of the house, to advise
the commissioner on the expenditure of
this appropriation.
Sec. 38. [CORRECTION 25.] [REPEALER.]
Laws 1999, chapter 241, article 1, section 64, is repealed
effective the day following final enactment.
Sec. 39. [CORRECTION 26.] Laws 2000, chapter 488, article
8, section 2, subdivision 6, is amended to read:
Subd. 6. Economic Support Grants
30,509,000 25,368,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
[ASSISTANCE TO FAMILIES GRANTS TANF
FORECAST ADJUSTMENT.] The federal
Temporary Assistance to Needy Families
(TANF) block grant fund appropriated to
the commissioner of human services in
Laws 1999, chapter 245, article 1,
section 2, subdivision 10, for MFIP
cash grants are reduced by $37,513,000
in fiscal year 2000 and $30,217,000 in
fiscal year 2001.
[FEDERAL TANF FUNDS.] (1) In addition
to the Federal Temporary Assistance for
Needy Families (TANF) block grant funds
appropriated to the commissioner of
human services in Laws 1999, chapter
245, article 1, section 2, subdivision
10, federal TANF funds are appropriated
to the commissioner in amounts up to
$20,000,000 in fiscal year 2000 and
$80,440,000 in fiscal year 2001. In
addition to these funds, the
commissioner may draw or transfer any
other appropriations of federal TANF
funds or transfers of federal TANF
funds that are enacted into state law.
(2) Of the amounts in clause (1),
$19,680,000 in fiscal year 2001 is for
the local intervention grants program
under Minnesota Statutes, section
256J.625 and related grant programs and
shall be expended as follows:
(a) $500,000 in fiscal year 2001 is for
a grant to the Southeast Asian MFIP
services collaborative to replicate in
a second location an existing model of
an intensive intervention transitional
employment training project which
serves TANF-eligible recipients and
which moves refugee and immigrant
welfare recipients unto unsubsidized
employment and leads to economic
self-sufficiency. This is a one-time
appropriation.
(b) $500,000 in fiscal year 2001 is for
nontraditional career assistance and
training programs under Minnesota
Statutes, section 256K.30, subdivision
4. This is a one-time appropriation.
(c) $18,680,000 is for local
intervention grants for
self-sufficiency program under
Minnesota Statutes, section 256J.625.
For fiscal years 2002 and 2003 the
commissioner of finance shall ensure
that the base level funding for the
local intervention grants program is
$27,180,000 each year.
(3) Of the amounts in clause (2),
paragraph (c) for local intervention
grants, $7,000,000 in fiscal year 2001
shall be transferred to the
commissioner of health for distribution
to county boards according to the
formula in Minnesota Statutes, section
256J.625, subdivision 3, to be used by
county public health boards to serve
families with incomes at or below 200
percent of the federal poverty
guidelines, in the manner specified by
Minnesota Statutes, section 145A.16,
subdivision 3, clauses (2) through
(6). Training, evaluation and
technical assistance shall be provided
in accordance with Minnesota Statutes,
section 145A.16, subdivisions 5 to 7.
For fiscal years 2002 and 2003 the
commissioner of finance shall ensure
that the base level funding for this
activity is $7,000,000 each year.
(4) Of the amounts in clause (1),
$250,000 in fiscal year 2001 is
appropriated to the commissioner to
contract with the board of trustees of
the Minnesota state colleges and
universities to provide tuition waivers
to employees of health care and human
services providers located in the state
that are members of qualifying
consortia operating under Minnesota
Statutes, sections 116L.10 to 116L.15.
(5) Of the amounts in clause (1),
$320,000 in fiscal year 2001 is for
training job counselors about the MFIP
program. For fiscal years 2002 and
2003 the commissioner of finance shall
ensure that the base level funding for
employment services includes $320,000
each year for this activity. The
appropriations in this clause shall not
become part of the base for the
2004-2005 biennium.
(6) Of the amounts in clause (1),
$1,000,000 in fiscal year 2001 is for
out-of-wedlock pregnancy prevention
funds to serve children in
TANF-eligible families under Minnesota
Statutes, section 256K.35. For fiscal
years 2002 and 2003 the commissioner of
finance shall ensure that the base
level funding for this program is
$1,000,000 each year. The
appropriations in this clause shall not
become part of the base for the
2004-2005 biennium.
(7) Of the amounts in clause (1),
$1,000,000 in fiscal year 2001 is to
provide services to TANF-eligible
families who are participating in the
supportive housing and managed care
pilot project under Minnesota Statutes,
section 256K.25. For fiscal years 2002
and 2003 the commissioner of finance
shall ensure that the base level
funding for this project is $1,000,000
each year. The appropriations in this
clause shall not become part of the
base for this project for the 2004-2005
biennium.
[TANF TRANSFER TO SOCIAL SERVICES.]
$7,500,000 is transferred from the
state's federal TANF block grant to the
state's federal Title XX block grant in
fiscal year 2001 and in fiscal year
2002, for purposes of increasing
services for families with children
whose incomes are at or below 200
percent of the federal poverty
guidelines. Notwithstanding section 6,
this paragraph expires June 30, 2002.
[TANF MOE.] (a) In order to meet the
basic maintenance of effort (MOE)
requirements of the TANF block grant
specified under United States Code,
title 42, section 609(a)(7), the
commissioner may only report nonfederal
money expended for allowable activities
listed in the following clauses as TANF
MOE expenditures:
(1) MFIP cash and food assistance
benefits under Minnesota Statutes,
chapter 256J;
(2) the child care assistance programs
under Minnesota Statutes, sections
119B.03 and 119B.05, and county child
care administrative costs under
Minnesota Statutes, section 119B.15;
(3) state and county MFIP
administrative costs under Minnesota
Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP
employment services under Minnesota
Statutes, chapters 256J and 256K; and
(5) expenditures made on behalf of
noncitizen MFIP recipients who qualify
for the medical assistance without
federal financial participation program
under Minnesota Statutes, section
256B.06, subdivision 4, paragraphs (d),
(e), and (j).
(b) The commissioner shall ensure that
sufficient qualified nonfederal
expenditures are made each year to meet
the state's TANF MOE requirements. For
the activities listed in paragraph (a),
clauses (2) to (6), the commissioner
may only report expenditures that are
excluded from the definition of
assistance under Code of Federal
Regulations, title 45, section 260.31.
If nonfederal expenditures for the
programs and purposes listed in
paragraph (a) are insufficient to meet
the state's TANF MOE requirements, the
commissioner shall recommend additional
allowable sources of nonfederal
expenditures to the legislature, if the
legislature is or will be in session to
take action to specify additional
sources of nonfederal expenditures for
TANF MOE before a federal penalty is
imposed. The commissioner shall
otherwise provide notice to the
legislative commission on planning and
fiscal policy under paragraph (d).
(c) If the commissioner uses authority
granted under Laws 1999, chapter 245,
article 1, section 10, or similar
authority granted by a subsequent
legislature, to meet the state's TANF
MOE requirements in a reporting period,
the commissioner shall inform the
chairs of the appropriate legislative
committees about all transfers made
under that authority for this purpose.
(d) If the commissioner determines that
nonfederal expenditures for the
programs under Minnesota Statutes,
section 256J.025, are insufficient to
meet TANF MOE expenditure requirements,
and if the legislature is not or will
not be in session to take timely action
to avoid a federal penalty, the
commissioner may report nonfederal
expenditures from other allowable
sources as TANF MOE expenditures after
the requirements of this paragraph are
met.
The commissioner may report nonfederal
expenditures in addition to those
specified under paragraph (a) as
nonfederal TANF MOE expenditures, but
only ten days after the commissioner of
finance has first submitted the
commissioner's recommendations for
additional allowable sources of
nonfederal TANF MOE expenditures to the
members of the legislative commission
on planning and fiscal policy for their
review.
(e) The commissioner of finance shall
not incorporate any changes in federal
TANF expenditures or nonfederal
expenditures for TANF MOE that may
result from reporting additional
allowable sources of nonfederal TANF
MOE expenditures under the interim
procedures in paragraph (d) into the
February or November forecasts required
under Minnesota Statutes, section
16A.103, unless the commissioner of
finance has approved the additional
sources of expenditures under paragraph
(d).
(f) The provisions of paragraphs (a) to
(e) supersede any contrary provisions
in Laws 1999, chapter 245, article 1,
section 2, subdivision 10.
(g) The provisions of Minnesota
Statutes, section 256.011, subdivision
3, which require that federal grants or
aids secured or obtained under that
subdivision be used to reduce any
direct appropriations provided by law
do not apply if the grants or aids are
federal TANF funds.
(h) Notwithstanding section 6 of this
article, paragraphs (a) to (g) expire
June 30, 2003.
(i) Paragraphs (a) to (h) are effective
the day following final enactment.
(a) Assistance to Families Grants
9,628,000 (2,305,000)
(b) Work Grants
-0- (250,000)
(c) AFDC and Other Assistance
20,000,000 30,734,000
[TRANSFERS TO MINNESOTA HOUSING FINANCE
AGENCY.] (a) By June 30, 2001, the
commissioner shall transfer $50,000,000
of the general funds appropriated under
this paragraph to the Minnesota housing
finance agency for transfer to the
housing development fund. The program
funded by this transfer shall be known
as the "Bruce F. Vento Year 2000
Affordable Housing Program." Up to
$15,000,000 may be transferred in
fiscal year 2000.
(b) Of the funds transferred in
paragraph (a), $5,000,000 in fiscal
year 2001 and $15,000,000 in fiscal
year 2002 is for a loan to Habitat for
Humanity of Minnesota, Inc. The loan
shall be an interest-free deferred
loan. The loan shall become due and
payable in the event and to the extent
that Habitat for Humanity of Minnesota,
Inc. does not invest repayments and
prepayment of mortgage loans financed
with this appropriation in new
mortgages for additional homebuyers
through Habitat for Humanity of
Minnesota, Inc. To the extent
practicable, funding must be allocated
to Habitat for Humanity chapters on the
basis of the number of MFIP households
residing within a chapter's service
area compared to the statewide total of
MFIP households and on the basis of a
chapter's capacity.
(c) Of the funds transferred in
paragraph (a), $15,000,000 in fiscal
year 2001 and $15,000,000 in fiscal
year 2002 is for the affordable rental
investment fund program under Minnesota
Statutes, section 462A.21, subdivision
8b. To the extent practicable, the
number of units financed with the
appropriation under this paragraph
within a city, county, or region shall
reflect the number of MFIP households
residing within the city, county, or
region compared to the statewide total
of MFIP households. This appropriation
must be used to finance rental housing
units that serve families:
(1) receiving MFIP benefits under
Minnesota Statutes, section 256J.01, or
its successor program; and or
(2) who have lost eligibility for MFIP
due to increased income from employment
or due to the collection of child or
spousal support under part D of title
IV of the Social Security Act.
Units produced with this appropriation
must remain affordable for a 30-year
period.
In order to coordinate the availability
of housing developed with the
appropriation under this paragraph with
MFIP families in need of affordable
housing, the commissioner of the
Minnesota housing finance agency, with
the assistance of the commissioner of
human services, shall establish
cooperative relationships with county
agencies as defined in Minnesota
Statutes, section 256J.08, local
employment and training service
providers as defined in Minnesota
Statutes, section 256J.49, local social
service agencies, or other
organizations that provide assistance
to MFIP households.
The commissioner of the Minnesota
housing finance agency shall develop
strategies to promote occupancy of the
units financed by the appropriation
under this paragraph by households most
in need of subsidized housing. The
strategies shall include provisions
that encourage households to move into
homeownership or unsubsidized housing
as the household secures stable
employment and achieves
self-sufficiency. The commissioner of
the Minnesota housing finance agency
shall consult with interested parties
in developing these strategies.
(d) The commissioner of the Minnesota
housing finance agency and the
commissioner of human services shall
jointly prepare and submit a report to
the governor and the legislature on the
results of the funding provided under
this section. The report shall include:
(1) information on the number of units
produced;
(2) the household size and income of
the occupants of the units at initial
occupancy; and
(3) to the extent the information is
available, measures related to the
occupants' attachment to the workforce
and public assistance usage, and number
of occupant moves.
The report must be submitted annually
beginning January 15, 2003.
(e) Section 6, sunset of uncodified
language, does not apply to paragraphs
(a) to (d). Paragraphs (a) to (d) are
effective the day following final
enactment.
[WORKING FAMILY CREDIT.] (a) On a
regular basis, the commissioner of
revenue, with the assistance of the
commissioner of human services, shall
calculate the value of the refundable
portion of the Minnesota working family
credits provided under Minnesota
Statutes, section 290.0671, that
qualifies for federal reimbursement
from the temporary assistance to needy
families block grant. The commissioner
of revenue shall provide the
commissioner of human services with
such expenditure records and
information as are necessary to support
draws of federal funds. The
commissioner of human services shall
reimburse the commissioner of revenue
for the costs of providing the
information required by this paragraph.
(b) Federal TANF funds, as specified in
this paragraph, are appropriated to the
commissioner of human services based on
calculations under paragraph (a) of
working family tax credit expenditures
that qualify for reimbursement from the
TANF block grant for income tax refunds
payable in federal fiscal years
beginning October 1, 1999. The draws
of federal TANF funds shall be made on
a regular basis based on calculations
of credit expenditures by the
commissioner of revenue. Up to the
following amounts of federal TANF draws
are appropriated to the commissioner of
human services to deposit into the
general fund: in fiscal year 2000,
$30,957,000; and in fiscal year 2001,
$33,895,000.
(d) General Assistance
557,000 (3,134,000)
(e) Minnesota Supplemental Aid
324,000 323,000
Sec. 40. [CORRECTION 27.] Laws 2000, chapter 479, article
1, section 2, subdivision 12, is amended to read:
Subd. 12. Sales Tax 4,800,000
For payment of sales tax that may not
be paid from the trunk highway
fund. This appropriation is one-time
only.
Sec. 41. [CORRECTION 27A.] Laws 2000, chapter 479, article
2, section 1, is amended to read:
Section 1. [PROHIBITION AGAINST APPROPRIATIONS FROM TRUNK
HIGHWAY FUND.]
To ensure compliance with the Minnesota Constitution,
article XIV, sections 2, 5, and 6, the commissioner of finance,
agency directors, and legislative commission personnel may not
include in the biennial budget for fiscal years 2002 and 2003,
or in any budget thereafter, expenditures from the trunk highway
fund for a nonhighway purpose as jointly determined by the
commissioner of finance and the attorney general. For purposes
of this section, an expenditure for a nonhighway purpose is any
expenditure not for construction, improvement, or maintenance of
highways. At the time of submission of the biennial budget
proposal to the legislature, the commissioner of finance and the
attorney general shall report to the senate and house of
representatives transportation committees concerning any
expenditure that is proposed to be appropriated from the trunk
highway fund, if that expenditure is similar to those reduced or
eliminated in sections 5 to 20. The report must explain the
highway purpose of, and recommend a fund to be charged for, the
proposed expenditure.
Sec. 42. [CORRECTION 27B.] [CLARIFICATION OF CERTAIN
APPROPRIATIONS FROM THE TRUNK HIGHWAY FUND TO THE GENERAL FUND.]
Subject to the findings of the report required in Laws
2000, chapter 479, article 2, section 1, the appropriations
changed in sections 7, 10, 13, 14, 15, 17, and 20, from the
trunk highway fund to the general fund are one-time only.
Sec. 43. [EFFECTIVE DATE.]
Unless provided otherwise, each section of this act takes
effect at the time the provision being corrected takes effect.
Presented to the governor May 19, 2000
Signed by the governor May 30, 2000, 2:19 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes