Journal of the House - 74th Day - Monday, March 15, 2010 - Top of Page 8679

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SIXTH SESSION - 2010

 

_____________________

 

SEVENTY-FOURTH DAY

 

Saint Paul, Minnesota, Monday, March 15, 2010

 

 

      The House of Representatives convened at 1:00 p.m. and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

      Prayer was offered by the Reverend Rozenia Fuller, Redeemer Lutheran Church, Minneapolis, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

      A quorum was present.

 

      Dill and Falk were excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  Morgan moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk.  The motion prevailed.


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REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 802, A bill for an act relating to human services; prohibiting hospital payment for certain hospital-acquired conditions and certain treatments; amending Minnesota Statutes 2008, section 256.969, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

GENERAL ASSISTANCE MEDICAL CARE

 

Section 1.  [245.4862] MENTAL HEALTH URGENT CARE AND PSYCHIATRIC CONSULTATION. 

 

Subdivision 1.  Mental health urgent care and psychiatric consultation.  The commissioner shall include mental health urgent care and psychiatric consultation services as part of, but not limited to, the redesign of six community-based behavioral health hospitals and the Anoka-Metro Regional Treatment Center.  These services must not duplicate existing services in the region, and must be implemented as specified in subdivisions 3 to 7.

 

Subd. 2.  Definitions.  For purposes of this section:

 

(1) mental health urgent care includes:

 

(i) initial mental health screening;

 

(ii) mobile crisis assessment and intervention;

 

(iii) rapid access to psychiatry, including psychiatric evaluation, initial treatment, and short-term psychiatry;

 

(iv) nonhospital crisis stabilization residential beds; and

 

(v) health care navigator services which include, but are not limited to, assisting uninsured individuals in obtaining health care coverage; and

 

(2) psychiatric consultation services includes psychiatric consultation to primary care practitioners.

 

Subd. 3.  Rapid access to psychiatry.  The commissioner shall develop rapid access to psychiatric services based on the following criteria:

 

(1) the individuals who receive the psychiatric services must be at risk of hospitalization and otherwise unable to receive timely services;

 

(2) where clinically appropriate, the service may be provided via interactive video where the service is provided in conjunction with an emergency room, a local crisis service, or a primary care or behavioral care practitioner; and


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(3) the commissioner may integrate rapid access to psychiatry with the psychiatric consultation services in subdivision 4.

 

Subd. 4.  Collaborative psychiatric consultation.  (a) The commissioner shall establish a collaborative psychiatric consultation service based on the following criteria:

 

(1) the service may be available via telephone, interactive video, e-mail, or other means of communication to emergency rooms, local crisis services, mental health professionals, and primary care practitioners, including pediatricians;

 

(2) the service shall be provided by a multidisciplinary team including, at a minimum, a child and adolescent psychiatrist, an adult psychiatrist, and a licensed clinical social worker;

 

(3) the service shall include a triage-level assessment to determine the most appropriate response to each request, including appropriate referrals to other mental health professionals, as well as provision of rapid psychiatric access when other appropriate services are not available;

 

(4) the first priority for this service is to provide the consultations required under section 256B.0625, subdivision 13j; and

 

(5) the service must encourage use of cognitive and behavioral therapies and other evidence-based treatments in addition to or in place of medication, where appropriate.

 

(b) The commissioner shall appoint an interdisciplinary work group to establish appropriate medication and psychotherapy protocols to guide the consultative process, including consultation with the Drug Utilization Review Board, as provided in section 256B.0625, subdivision 13j.

 

Subd. 5.  Phased availability.  (a) The commissioner may phase in the availability of mental health urgent care services based on the limits of appropriations and the commissioner's determination of level of need and cost-effectiveness.

 

(b) For subdivisions 3 and 4, the first phase must focus on adults in Hennepin and Ramsey Counties and children statewide who are affected by section 256B.0625, subdivision 13j, and must include tracking of costs for the services provided and associated impacts on utilization of inpatient, emergency room, and other services.

 

Subd. 6.  Limited appropriations.  The commissioner shall maximize use of available health care coverage for the services provided under this section.  The commissioner's responsibility to provide these services for individuals without health care coverage must not exceed the appropriations for this section.

 

Subd. 7.  Flexible implementation.  To implement this section, the commissioner shall select the structure and funding method that is the most cost-effective for each county or group of counties.  This may include grants, contracts, direct provision by state-operated services, and public-private partnerships.  Where feasible, the commissioner shall make any grants under this section a part of the integrated adult mental health initiative grants under section 245.4661.

 

Sec. 2.  Minnesota Statutes 2009 Supplement, section 256.969, subdivision 3a, is amended to read:

 

Subd. 3a.  Payments.  (a) Acute care hospital billings under the medical assistance program must not be submitted until the recipient is discharged.  However, the commissioner shall establish monthly interim payments for inpatient hospitals that have individual patient lengths of stay over 30 days regardless of diagnostic category.  Except as provided in section 256.9693, medical assistance reimbursement for treatment of mental illness shall be


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reimbursed based on diagnostic classifications.  Individual hospital payments established under this section and sections 256.9685, 256.9686, and 256.9695, in addition to third party and recipient liability, for discharges occurring during the rate year shall not exceed, in aggregate, the charges for the medical assistance covered inpatient services paid for the same period of time to the hospital.  This payment limitation shall be calculated separately for medical assistance and general assistance medical care services.  The limitation on general assistance medical care shall be effective for admissions occurring on or after July 1, 1991.  Services that have rates established under subdivision 11 or 12, must be limited separately from other services.  After consulting with the affected hospitals, the commissioner may consider related hospitals one entity and may merge the payment rates while maintaining separate provider numbers.  The operating and property base rates per admission or per day shall be derived from the best Medicare and claims data available when rates are established.  The commissioner shall determine the best Medicare and claims data, taking into consideration variables of recency of the data, audit disposition, settlement status, and the ability to set rates in a timely manner.  The commissioner shall notify hospitals of payment rates by December 1 of the year preceding the rate year.  The rate setting data must reflect the admissions data used to establish relative values.  Base year changes from 1981 to the base year established for the rate year beginning January 1, 1991, and for subsequent rate years, shall not be limited to the limits ending June 30, 1987, on the maximum rate of increase under subdivision 1.  The commissioner may adjust base year cost, relative value, and case mix index data to exclude the costs of services that have been discontinued by the October 1 of the year preceding the rate year or that are paid separately from inpatient services.  Inpatient stays that encompass portions of two or more rate years shall have payments established based on payment rates in effect at the time of admission unless the date of admission preceded the rate year in effect by six months or more.  In this case, operating payment rates for services rendered during the rate year in effect and established based on the date of admission shall be adjusted to the rate year in effect by the hospital cost index.

 

(b) For fee-for-service admissions occurring on or after July 1, 2002, the total payment, before third-party liability and spenddown, made to hospitals for inpatient services is reduced by .5 percent from the current statutory rates.

 

(c) In addition to the reduction in paragraph (b), the total payment for fee-for-service admissions occurring on or after July 1, 2003, made to hospitals for inpatient services before third-party liability and spenddown, is reduced five percent from the current statutory rates.  Mental health services within diagnosis related groups 424 to 432, and facilities defined under subdivision 16 are excluded from this paragraph.

 

(d) In addition to the reduction in paragraphs (b) and (c), the total payment for fee-for-service admissions occurring on or after August 1, 2005, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 6.0 percent from the current statutory rates.  Mental health services within diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph.  Notwithstanding section 256.9686, subdivision 7, for purposes of this paragraph, medical assistance does not include general assistance medical care.  Payments made to managed care plans shall be reduced for services provided on or after January 1, 2006, to reflect this reduction.

 

(e) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2008, through June 30, 2009, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 3.46 percent from the current statutory rates.  Mental health services with diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after January 1, 2009, through June 30, 2009, to reflect this reduction.

 

(f) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2009, through June 30, 2010 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.9 percent from the current statutory rates.  Mental health services with diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after July 1, 2009, through June 30, 2010 2011, to reflect this reduction.


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(g) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2010 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.79 percent from the current statutory rates.  Mental health services with diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after July 1, 2010 2011, to reflect this reduction.

 

(h) In addition to the reductions in paragraphs (b), (c), (d), (f), and (g), the total payment for fee-for-service admissions occurring on or after July 1, 2009, made to hospitals for inpatient services before third-party liability and spenddown, is reduced one percent from the current statutory rates.  Facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after October 1, 2009, to reflect this reduction.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.

 

Sec. 3.  Minnesota Statutes 2008, section 256.969, subdivision 27, is amended to read:

 

Subd. 27.  Quarterly payment adjustment.  (a) In addition to any other payment under this section, the commissioner shall make the following payments effective July 1, 2007:

 

(1) for a hospital located in Minnesota and not eligible for payments under subdivision 20, with a medical assistance inpatient utilization rate greater than 17.8 percent of total patient days as of the base year in effect on July 1, 2005, a payment equal to 13 percent of the total of the operating and property payment rates, except that Hennepin County Medical Center and Regions Hospital shall not receive a payment under this subdivision;

 

(2) for a hospital located in Minnesota in a specified urban area outside of the seven-county metropolitan area and not eligible for payments under subdivision 20, with a medical assistance inpatient utilization rate less than or equal to 17.8 percent of total patient days as of the base year in effect on July 1, 2005, a payment equal to ten percent of the total of the operating and property payment rates.  For purposes of this clause, the following cities are specified urban areas:  Detroit Lakes, Rochester, Willmar, Alexandria, Austin, Cambridge, Brainerd, Hibbing, Mankato, Duluth, St. Cloud, Grand Rapids, Wyoming, Fergus Falls, Albert Lea, Winona, Virginia, Thief River Falls, and Wadena;

 

(3) for a hospital located in Minnesota but not located in a specified urban area under clause (2), with a medical assistance inpatient utilization rate less than or equal to 17.8 percent of total patient days as of the base year in effect on July 1, 2005, a payment equal to four percent of the total of the operating and property payment rates.  A hospital located in Woodbury and not in existence during the base year shall be reimbursed under this clause; and

 

(4) in addition to any payments under clauses (1) to (3), for a hospital located in Minnesota and not eligible for payments under subdivision 20 with a medical assistance inpatient utilization rate of 17.9 percent of total patient days as of the base year in effect on July 1, 2005, a payment equal to eight percent of the total of the operating and property payment rates, and for a hospital located in Minnesota and not eligible for payments under subdivision 20 with a medical assistance inpatient utilization rate of 59.6 percent of total patient days as of the base year in effect on July 1, 2005, a payment equal to nine percent of the total of the operating and property payment rates.  After making any ratable adjustments required under paragraph (b), the commissioner shall proportionately reduce payments under clauses (2) and (3) by an amount needed to make payments under this clause.

 

(b) The state share of payments under paragraph (a) shall be equal to federal reimbursements to the commissioner to reimburse expenditures reported under section 256B.199, paragraphs (a) to (d).  The commissioner shall ratably reduce or increase payments under this subdivision in order to ensure that these payments equal the amount of reimbursement received by the commissioner under section 256B.199, paragraphs (a) to (d), except that payments shall be ratably reduced by an amount equivalent to the state share of a four percent reduction in


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MinnesotaCare and medical assistance payments for inpatient hospital services.  Effective July 1, 2009, the ratable reduction shall be equivalent to the state share of a three percent reduction in these payments.  Effective for federal disproportionate share hospital funds earned on payments reported under section 256B.199, paragraphs (a) to (d), for services rendered on or after April 1, 2010, payments shall not be made under this subdivision.

 

(c) The payments under paragraph (a) shall be paid quarterly based on each hospital's operating and property payments from the second previous quarter, beginning on July 15, 2007, or upon federal approval of federal reimbursements under section 256B.199, paragraphs (a) to (d), whichever occurs later.

 

(d) The commissioner shall not adjust rates paid to a prepaid health plan under contract with the commissioner to reflect payments provided in paragraph (a).

 

(e) The commissioner shall maximize the use of available federal money for disproportionate share hospital payments and shall maximize payments to qualifying hospitals.  In order to accomplish these purposes, the commissioner may, in consultation with the nonstate entities identified in section 256B.199, paragraphs (a) to (d), adjust, on a pro rata basis if feasible, the amounts reported by nonstate entities under section 256B.199, paragraphs (a) to (d), when application for reimbursement is made to the federal government, and otherwise adjust the provisions of this subdivision.  The commissioner shall utilize a settlement process based on finalized data to maximize revenue under section 256B.199, paragraphs (a) to (d), and payments under this section.

 

(f) For purposes of this subdivision, medical assistance does not include general assistance medical care.

 

EFFECTIVE DATE.  This section is effective for services rendered on or after April 1, 2010.

 

Sec. 4.  Minnesota Statutes 2008, section 256B.0625, subdivision 13f, is amended to read:

 

Subd. 13f.  Prior authorization.  (a) The Formulary Committee shall review and recommend drugs which require prior authorization.  The Formulary Committee shall establish general criteria to be used for the prior authorization of brand-name drugs for which generically equivalent drugs are available, but the committee is not required to review each brand-name drug for which a generically equivalent drug is available.

 

(b) Prior authorization may be required by the commissioner before certain formulary drugs are eligible for payment.  The Formulary Committee may recommend drugs for prior authorization directly to the commissioner.  The commissioner may also request that the Formulary Committee review a drug for prior authorization.  Before the commissioner may require prior authorization for a drug:

 

(1) the commissioner must provide information to the Formulary Committee on the impact that placing the drug on prior authorization may have on the quality of patient care and on program costs, information regarding whether the drug is subject to clinical abuse or misuse, and relevant data from the state Medicaid program if such data is available;

 

(2) the Formulary Committee must review the drug, taking into account medical and clinical data and the information provided by the commissioner; and

 

(3) the Formulary Committee must hold a public forum and receive public comment for an additional 15 days.

 

The commissioner must provide a 15-day notice period before implementing the prior authorization.

 

(c) Except as provided in subdivision 13j, prior authorization shall not be required or utilized for any atypical antipsychotic drug prescribed for the treatment of mental illness if:


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(1) there is no generically equivalent drug available; and

 

(2) the drug was initially prescribed for the recipient prior to July 1, 2003; or

 

(3) the drug is part of the recipient's current course of treatment.

 

This paragraph applies to any multistate preferred drug list or supplemental drug rebate program established or administered by the commissioner.  Prior authorization shall automatically be granted for 60 days for brand name drugs prescribed for treatment of mental illness within 60 days of when a generically equivalent drug becomes available, provided that the brand name drug was part of the recipient's course of treatment at the time the generically equivalent drug became available.

 

(d) Prior authorization shall not be required or utilized for any antihemophilic factor drug prescribed for the treatment of hemophilia and blood disorders where there is no generically equivalent drug available if the prior authorization is used in conjunction with any supplemental drug rebate program or multistate preferred drug list established or administered by the commissioner.

 

(e) The commissioner may require prior authorization for brand name drugs whenever a generically equivalent product is available, even if the prescriber specifically indicates "dispense as written-brand necessary" on the prescription as required by section 151.21, subdivision 2.

 

(f) Notwithstanding this subdivision, the commissioner may automatically require prior authorization, for a period not to exceed 180 days, for any drug that is approved by the United States Food and Drug Administration on or after July 1, 2005.  The 180-day period begins no later than the first day that a drug is available for shipment to pharmacies within the state.  The Formulary Committee shall recommend to the commissioner general criteria to be used for the prior authorization of the drugs, but the committee is not required to review each individual drug.  In order to continue prior authorizations for a drug after the 180-day period has expired, the commissioner must follow the provisions of this subdivision.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.

 

Sec. 5.  Minnesota Statutes 2008, section 256B.0625, is amended by adding a subdivision to read:

 

Subd. 13j.  Antipsychotic and attention deficit disorder and attention deficit hyperactivity disorder medications.  (a) The commissioner, in consultation with the Drug Utilization Review Board established in subdivision 13i and actively practicing pediatric mental health professionals, must:

 

(1) identify recommended pediatric dose ranges for atypical antipsychotic drugs and drugs used for attention deficit disorder or attention deficit hyperactivity disorder based on available medical, clinical, and safety data and research.  The commissioner shall periodically review the list of medications and pediatric dose ranges and update the medications and doses listed as needed after consultation with the Drug Utilization Review Board;

 

(2) identify situations where a collaborative psychiatric consultation and prior authorization should be required before the initiation or continuation of drug therapy in pediatric patients including, but not limited to, high-dose regimens, off-label use of prescription medication, a patient's young age, and lack of coordination among multiple prescribing providers; and

 

(3) track prescriptive practices and the use of psychotropic medications in children with the goal of reducing the use of medication, where appropriate.


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(b) Effective July 1, 2011, the commissioner shall require prior authorization and a collaborative psychiatric consultation before an atypical antipsychotic and attention deficit disorder and attention deficit hyperactivity disorder medication meeting the criteria identified in paragraph (a), clause (2), is eligible for payment.  A collaborative psychiatric consultation must be completed before the identified medications are eligible for payment unless:

 

(1) the patient has already been stabilized on the medication regimen; or

 

(2) the prescriber indicates that the child is in crisis.

 

If clause (1) or (2) applies, the collaborative psychiatric consultation must be completed within 90 days for payment to continue.

 

(c) For purposes of this subdivision, a collaborative psychiatric consultation must meet the criteria described in section 245.4862, subdivision 4.

 

Sec. 6.  Minnesota Statutes 2008, section 256B.0644, is amended to read:

 

256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE PROGRAMS. 

 

(a) A vendor of medical care, as defined in section 256B.02, subdivision 7, and a health maintenance organization, as defined in chapter 62D, must participate as a provider or contractor in the medical assistance program, general assistance medical care program, and MinnesotaCare as a condition of participating as a provider in health insurance plans and programs or contractor for state employees established under section 43A.18, the public employees insurance program under section 43A.316, for health insurance plans offered to local statutory or home rule charter city, county, and school district employees, the workers' compensation system under section 176.135, and insurance plans provided through the Minnesota Comprehensive Health Association under sections 62E.01 to 62E.19.  The limitations on insurance plans offered to local government employees shall not be applicable in geographic areas where provider participation is limited by managed care contracts with the Department of Human Services.

 

(b) For providers other than health maintenance organizations, participation in the medical assistance program means that:

 

(1) the provider accepts new medical assistance, general assistance medical care, and MinnesotaCare patients;

 

(2) for providers other than dental service providers, at least 20 percent of the provider's patients are covered by medical assistance, general assistance medical care, and MinnesotaCare as their primary source of coverage; or

 

(3) for dental service providers, at least ten percent of the provider's patients are covered by medical assistance, general assistance medical care, and MinnesotaCare as their primary source of coverage, or the provider accepts new medical assistance and MinnesotaCare patients who are children with special health care needs.  For purposes of this section, "children with special health care needs" means children up to age 18 who:  (i) require health and related services beyond that required by children generally; and (ii) have or are at risk for a chronic physical, developmental, behavioral, or emotional condition, including:  bleeding and coagulation disorders; immunodeficiency disorders; cancer; endocrinopathy; developmental disabilities; epilepsy, cerebral palsy, and other neurological diseases; visual impairment or deafness; Down syndrome and other genetic disorders; autism; fetal alcohol syndrome; and other conditions designated by the commissioner after consultation with representatives of pediatric dental providers and consumers.


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(c) Patients seen on a volunteer basis by the provider at a location other than the provider's usual place of practice may be considered in meeting the participation requirement in this section.  The commissioner shall establish participation requirements for health maintenance organizations.  The commissioner shall provide lists of participating medical assistance providers on a quarterly basis to the commissioner of management and budget, the commissioner of labor and industry, and the commissioner of commerce.  Each of the commissioners shall develop and implement procedures to exclude as participating providers in the program or programs under their jurisdiction those providers who do not participate in the medical assistance program.  The commissioner of management and budget shall implement this section through contracts with participating health and dental carriers.

 

(d) Any hospital or other provider that is participating in a coordinated care delivery system under section 256D.031, subdivision 6, or receives payments from the uncompensated care pool under section 256D.031, subdivision 8, shall not refuse to provide services to any patient enrolled in general assistance medical care regardless of the availability or the amount of payment.

 

Sec. 7.  Minnesota Statutes 2009 Supplement, section 256B.0947, subdivision 1, is amended to read:

 

Subdivision 1.  Scope.  Effective November 1, 2010 2011, and subject to federal approval, medical assistance covers medically necessary, intensive nonresidential rehabilitative mental health services as defined in subdivision 2, for recipients as defined in subdivision 3, when the services are provided by an entity meeting the standards in this section.

 

Sec. 8.  Minnesota Statutes 2009 Supplement, section 256B.196, subdivision 2, is amended to read:

 

Subd. 2.  Commissioner's duties.  (a) For the purposes of this subdivision and subdivision 3, the commissioner shall determine the fee-for-service outpatient hospital services upper payment limit for nonstate government hospitals.  The commissioner shall then determine the amount of a supplemental payment to Hennepin County Medical Center and Regions Hospital for these services that would increase medical assistance spending in this category to the aggregate upper payment limit for all nonstate government hospitals in Minnesota.  In making this determination, the commissioner shall allot the available increases between Hennepin County Medical Center and Regions Hospital based on the ratio of medical assistance fee-for-service outpatient hospital payments to the two facilities.  The commissioner shall adjust this allotment as necessary based on federal approvals, the amount of intergovernmental transfers received from Hennepin and Ramsey Counties, and other factors, in order to maximize the additional total payments.  The commissioner shall inform Hennepin County and Ramsey County of the periodic intergovernmental transfers necessary to match federal Medicaid payments available under this subdivision in order to make supplementary medical assistance payments to Hennepin County Medical Center and Regions Hospital equal to an amount that when combined with existing medical assistance payments to nonstate governmental hospitals would increase total payments to hospitals in this category for outpatient services to the aggregate upper payment limit for all hospitals in this category in Minnesota.  Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to Hennepin County Medical Center and Regions Hospital.

 

(b) For the purposes of this subdivision and subdivision 3, the commissioner shall determine an upper payment limit for physicians affiliated with Hennepin County Medical Center and with Regions Hospital.  The upper payment limit shall be based on the average commercial rate or be determined using another method acceptable to the Centers for Medicare and Medicaid Services.  The commissioner shall inform Hennepin County and Ramsey County of the periodic intergovernmental transfers necessary to match the federal Medicaid payments available under this subdivision in order to make supplementary payments to physicians affiliated with Hennepin County Medical Center and Regions Hospital equal to the difference between the established medical assistance payment for physician services and the upper payment limit.  Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to physicians of Hennepin Faculty Associates and HealthPartners.


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(c) Beginning January 1, 2010, Hennepin County and Ramsey County shall may make monthly voluntary intergovernmental transfers to the commissioner in the following amounts:  $133,333 by not to exceed $12,000,000 per year from Hennepin County and $100,000 by $6,000,000 per year from Ramsey County.  The commissioner shall increase the medical assistance capitation payments to Metropolitan Health Plan and HealthPartners by any licensed health plan under contract with the medical assistance program that agrees to make enhanced payments to Hennepin County Medical Center or Regions Hospital.  The increase shall be in an amount equal to the annual value of the monthly transfers plus federal financial participation., with each health plan receiving its pro rata share of the increase based on the pro rata share of medical assistance admissions to Hennepin County Medical Center and Regions Hospital by those plans.  Upon the request of the commissioner, health plans shall submit individual-level cost data for verification purposes.  The commissioner may ratably reduce these payments on a pro rata basis in order to satisfy federal requirements for actuarial soundness.  If payments are reduced, transfers shall be reduced accordingly.  Any licensed health plan that receives increased medical assistance capitation payments under the intergovernmental transfer described in this paragraph shall increase its medical assistance payments to Hennepin County Medical Center and Regions Hospital by the same amount as the increased payments received in the capitation payment described in this paragraph.

 

(d) The commissioner shall inform Hennepin County and Ramsey County on an ongoing basis of the need for any changes needed in the intergovernmental transfers in order to continue the payments under paragraphs (a) to (c), at their maximum level, including increases in upper payment limits, changes in the federal Medicaid match, and other factors.

 

(e) The payments in paragraphs (a) to (c) shall be implemented independently of each other, subject to federal approval and to the receipt of transfers under subdivision 3.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 9.  [256B.197] INTERGOVERNMENTAL TRANSFERS; INPATIENT HOSPITAL PAYMENTS. 

 

Subdivision 1.  Federal approval required.  This section is effective for federal fiscal year 2010 and future years contingent on federal approval of the intergovernmental transfers and payments authorized under this section and contingent on payment of the intergovernmental transfers under this section.

 

Subd. 2.  Eligible nonstate government hospitals.  (a) Hennepin County Medical Center and Regions Hospital are eligible nonstate government hospitals.

 

(b) If the commissioner obtains federal approval to include other hospitals, including Fairview University Medical Center, the commissioner may expand the definition of eligible nonstate government hospitals to include other hospitals.

 

Subd. 3.  Commissioner's duties.  (a) For the purposes of this subdivision, the commissioner shall determine the fee-for-service inpatient hospital services upper payment limit for nonstate government hospitals.  The commissioner shall determine, for each eligible nonstate government hospital, the amount of a supplemental payment for inpatient hospital services that would increase medical assistance spending for each eligible nonstate government hospital up to the amount that Medicare would pay for the Medicaid fee-for-service inpatient hospital services provided by that hospital.  If the combined amount of such supplemental payment amounts and existing medical assistance payments for inpatient hospital services to all nonstate government hospitals is less than the upper payment limit, the commissioner shall increase the supplemental payment amount for each eligible nonstate government hospital in proportion to the initial supplemental payments in order to maximize the additional total payments.


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(b) The commissioner shall inform each eligible nonstate government hospital and associated governmental entities of intergovernmental transfers necessary to provide the nonfederal share for the supplemental payment amount attributable to each eligible nonstate government hospital, as calculated under paragraph (a).

 

(c) Upon receipt of an intergovernmental transfer from a governmental entity associated with an eligible nonstate government hospital or from the eligible nonstate government hospital, the commissioner shall make a supplemental payment, using the amounts calculated under paragraph (a), to the associated eligible nonstate government hospital.

 

(d) The commissioner may implement the payments in this section through use of periodic payments and intergovernmental transfers.

 

(e) The commissioner shall inform eligible nonstate government hospitals and associated governmental entities on an ongoing basis of the need for any changes needed in the payment amounts or intergovernmental transfers in order to continue the payments under paragraph (c) at their maximum level, including increases in upper payment limits, changes in the federal Medicaid match, and other factors.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.

 

Sec. 10.  Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 3, is amended to read:

 

Subd. 3.  General assistance medical care; eligibility.  (a) General assistance medical care may be paid for any person who is not eligible for medical assistance under chapter 256B, including eligibility for medical assistance based on a spenddown of excess income according to section 256B.056, subdivision 5, or MinnesotaCare for applicants and recipients defined in paragraph (c), except as provided in paragraph (d), and:  Beginning April 1, 2010, the general assistance medical care program shall be administered according to section 256D.031, unless otherwise stated, except for outpatient prescription drug coverage which will continue to be administered under this section.

 

(b) Drug coverage under general assistance medical care is limited to prescription drugs that:

 

(1) are covered under the medical assistance program as described in section 256B.0625, subdivisions 13 and 13d; and

 

(2) are provided by manufacturers that have fully executed general assistance medical care rebate agreements with the commissioner and comply with the agreements.  Prescription drug coverage under general assistance medical care must conform to coverage under the medical assistance program according to section 256B.0625, subdivisions 13 to 13g.

 

(1) who is receiving assistance under section 256D.05, except for families with children who are eligible under Minnesota family investment program (MFIP), or who is having a payment made on the person's behalf under sections 256I.01 to 256I.06; or

 

(2) who is a resident of Minnesota; and

 

(i) who has gross countable income not in excess of 75 percent of the federal poverty guidelines for the family size, using a six-month budget period and whose equity in assets is not in excess of $1,000 per assistance unit.  General assistance medical care is not available for applicants or enrollees who are otherwise eligible for medical assistance but fail to verify their assets.  Enrollees who become eligible for medical assistance shall be terminated and transferred to medical assistance.  Exempt assets, the reduction of excess assets, and the waiver of excess assets must conform to the medical assistance program in section 256B.056, subdivisions 3 and 3d, with the following exception:  the maximum amount of undistributed funds in a trust that could be distributed to or on behalf of the beneficiary by the trustee, assuming the full exercise of the trustee's discretion under the terms of the trust, must be applied toward the asset maximum; or


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(ii) who has gross countable income above 75 percent of the federal poverty guidelines but not in excess of 175 percent of the federal poverty guidelines for the family size, using a six-month budget period, whose equity in assets is not in excess of the limits in section 256B.056, subdivision 3c, and who applies during an inpatient hospitalization.

 

(b) The commissioner shall adjust the income standards under this section each July 1 by the annual update of the federal poverty guidelines following publication by the United States Department of Health and Human Services.

 

(c) Effective for applications and renewals processed on or after September 1, 2006, general assistance medical care may not be paid for applicants or recipients who are adults with dependent children under 21 whose gross family income is equal to or less than 275 percent of the federal poverty guidelines who are not described in paragraph (f).

 

(d) Effective for applications and renewals processed on or after September 1, 2006, general assistance medical care may be paid for applicants and recipients who meet all eligibility requirements of paragraph (a), clause (2), item (i), for a temporary period beginning the date of application.  Immediately following approval of general assistance medical care, enrollees shall be enrolled in MinnesotaCare under section 256L.04, subdivision 7, with covered services as provided in section 256L.03 for the rest of the six-month general assistance medical care eligibility period, until their six-month renewal.

 

(e) To be eligible for general assistance medical care following enrollment in MinnesotaCare as required by paragraph (d), an individual must complete a new application.

 

(f) Applicants and recipients eligible under paragraph (a), clause (2), item (i), are exempt from the MinnesotaCare enrollment requirements in this subdivision if they:

 

(1) have applied for and are awaiting a determination of blindness or disability by the state medical review team or a determination of eligibility for Supplemental Security Income or Social Security Disability Insurance by the Social Security Administration;

 

(2) fail to meet the requirements of section 256L.09, subdivision 2;

 

(3) are homeless as defined by United States Code, title 42, section 11301, et seq.;

 

(4) are classified as end-stage renal disease beneficiaries in the Medicare program;

 

(5) are enrolled in private health care coverage as defined in section 256B.02, subdivision 9;

 

(6) are eligible under paragraph (k);

 

(7) receive treatment funded pursuant to section 254B.02; or

 

(8) reside in the Minnesota sex offender program defined in chapter 246B.

 

(g) For applications received on or after October 1, 2003, eligibility may begin no earlier than the date of application.  For individuals eligible under paragraph (a), clause (2), item (i), a redetermination of eligibility must occur every 12 months.  Individuals are eligible under paragraph (a), clause (2), item (ii), only during inpatient hospitalization but may reapply if there is a subsequent period of inpatient hospitalization.


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(h) Beginning September 1, 2006, Minnesota health care program applications and renewals completed by recipients and applicants who are persons described in paragraph (d) and submitted to the county agency shall be determined for MinnesotaCare eligibility by the county agency.  If all other eligibility requirements of this subdivision are met, eligibility for general assistance medical care shall be available in any month during which MinnesotaCare enrollment is pending.  Upon notification of eligibility for MinnesotaCare, notice of termination for eligibility for general assistance medical care shall be sent to an applicant or recipient.  If all other eligibility requirements of this subdivision are met, eligibility for general assistance medical care shall be available until enrollment in MinnesotaCare subject to the provisions of paragraphs (d), (f), and (g).

 

(i) The date of an initial Minnesota health care program application necessary to begin a determination of eligibility shall be the date the applicant has provided a name, address, and Social Security number, signed and dated, to the county agency or the Department of Human Services.  If the applicant is unable to provide a name, address, Social Security number, and signature when health care is delivered due to a medical condition or disability, a health care provider may act on an applicant's behalf to establish the date of an initial Minnesota health care program application by providing the county agency or Department of Human Services with provider identification and a temporary unique identifier for the applicant.  The applicant must complete the remainder of the application and provide necessary verification before eligibility can be determined.  The applicant must complete the application within the time periods required under the medical assistance program as specified in Minnesota Rules, parts 9505.0015, subpart 5, and 9505.0090, subpart 2.  The county agency must assist the applicant in obtaining verification if necessary.

 

(j) County agencies are authorized to use all automated databases containing information regarding recipients' or applicants' income in order to determine eligibility for general assistance medical care or MinnesotaCare.  Such use shall be considered sufficient in order to determine eligibility and premium payments by the county agency.

 

(k) General assistance medical care is not available for a person in a correctional facility unless the person is detained by law for less than one year in a county correctional or detention facility as a person accused or convicted of a crime, or admitted as an inpatient to a hospital on a criminal hold order, and the person is a recipient of general assistance medical care at the time the person is detained by law or admitted on a criminal hold order and as long as the person continues to meet other eligibility requirements of this subdivision.

 

(l) General assistance medical care is not available for applicants or recipients who do not cooperate with the county agency to meet the requirements of medical assistance.

 

(m) In determining the amount of assets of an individual eligible under paragraph (a), clause (2), item (i), there shall be included any asset or interest in an asset, including an asset excluded under paragraph (a), that was given away, sold, or disposed of for less than fair market value within the 60 months preceding application for general assistance medical care or during the period of eligibility.  Any transfer described in this paragraph shall be presumed to have been for the purpose of establishing eligibility for general assistance medical care, unless the individual furnishes convincing evidence to establish that the transaction was exclusively for another purpose.  For purposes of this paragraph, the value of the asset or interest shall be the fair market value at the time it was given away, sold, or disposed of, less the amount of compensation received.  For any uncompensated transfer, the number of months of ineligibility, including partial months, shall be calculated by dividing the uncompensated transfer amount by the average monthly per person payment made by the medical assistance program to skilled nursing facilities for the previous calendar year.  The individual shall remain ineligible until this fixed period has expired.  The period of ineligibility may exceed 30 months, and a reapplication for benefits after 30 months from the date of the transfer shall not result in eligibility unless and until the period of ineligibility has expired.  The period of ineligibility begins in the month the transfer was reported to the county agency, or if the transfer was not reported, the month in which the county agency discovered the transfer, whichever comes first.  For applicants, the period of ineligibility begins on the date of the first approved application.


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(n) When determining eligibility for any state benefits under this subdivision, the income and resources of all noncitizens shall be deemed to include their sponsor's income and resources as defined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and subsequently set out in federal rules.

 

(o) Undocumented noncitizens and nonimmigrants are ineligible for general assistance medical care.  For purposes of this subdivision, a nonimmigrant is an individual in one or more of the classes listed in United States Code, title 8, section 1101, subsection (a), paragraph (15), and an undocumented noncitizen is an individual who resides in the United States without the approval or acquiescence of the United States Citizenship and Immigration Services.

 

(p) Notwithstanding any other provision of law, a noncitizen who is ineligible for medical assistance due to the deeming of a sponsor's income and resources, is ineligible for general assistance medical care.

 

(q) Effective July 1, 2003, general assistance medical care emergency services end.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.

 

Sec. 11.  [256D.031] GENERAL ASSISTANCE MEDICAL CARE. 

 

Subdivision 1.  Eligibility.  (a) Except as provided under subdivision 2, general assistance medical care may be paid for any individual who is not eligible for medical assistance under chapter 256B, including eligibility for medical assistance based on a spenddown of excess income according to section 256B.056, subdivision 5, and who:

 

(1) is receiving assistance under section 256D.05, except for families with children who are eligible under the Minnesota family investment program (MFIP), or who is having a payment made on the person's behalf under sections 256I.01 to 256I.06; or

 

(2) is a resident of Minnesota and has gross countable income not in excess of 75 percent of federal poverty guidelines for the family size, using a six-month budget period, and whose equity in assets is not in excess of $1,000 per assistance unit.

 

Exempt assets, the reduction of excess assets, and the waiver of excess assets must conform to the medical assistance program in section 256B.056, subdivisions 3 and 3d, except that the maximum amount of undistributed funds in a trust that could be distributed to or on behalf of the beneficiary by the trustee, assuming the full exercise of the trustee's discretion under the terms of the trust, must be applied toward the asset maximum.

 

(b) The commissioner shall adjust the income standards under this section each July 1 by the annual update of the federal poverty guidelines following publication by the United States Department of Health and Human Services.

 

Subd. 2.  Ineligible groups.  (a) General assistance medical care may not be paid for an applicant or a recipient who:

 

(1) is otherwise eligible for medical assistance but fails to verify their assets;

 

(2) is an adult in a family with children as defined in section 256L.01, subdivision 3a;

 

(3) is enrolled in private health coverage as defined in section 256B.02, subdivision 9;


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(4) is in a correctional facility, including an individual in a county correctional or detention facility as an individual accused or convicted of a crime, or admitted as an inpatient to a hospital on a criminal hold order;

 

(5) resides in the Minnesota sex offender program defined in chapter 246B;

 

(6) does not cooperate with the county agency to meet the requirements of medical assistance; or

 

(7) does not cooperate with a county or state agency or the state medical review team in determining a disability or for determining eligibility for Supplemental Security Income or Social Security Disability Insurance by the Social Security Administration.

 

(b) Undocumented noncitizens and nonimmigrants are ineligible for general assistance medical care.  For purposes of this subdivision, a nonimmigrant is an individual in one or more of the classes listed in United States Code, title 8, section 1101, subsection (a), paragraph (15), and an undocumented noncitizen is an individual who resides in the United States without approval or acquiescence of the United States Citizenship and Immigration Services.

 

(c) Notwithstanding any other provision of law, a noncitizen who is ineligible for medical assistance due to the deeming of a sponsor's income and resources is ineligible for general assistance medical care.

 

(d) General assistance medical care recipients who become eligible for medical assistance shall be terminated from general assistance medical care and transferred to medical assistance.

 

Subd. 2a.  Transitional MinnesotaCare.  (a) Except as provided in paragraph (c), effective for applications received on or after April 1, 2010, and before June 1, 2010, all applicants who meet the eligibility requirements in subdivision 1, paragraph (a), clause (2), and who are not described in subdivision 2 shall be enrolled in MinnesotaCare under section 256L.04, subdivision 7, immediately following approval for general assistance medical care.

 

(b) If all other eligibility requirements of this subdivision are met, general assistance medical care may be paid for individuals identified in paragraph (a) for a temporary period beginning the date of application in accordance with subdivision 4.  Notwithstanding subdivision 7, paragraph (c), eligibility for general assistance medical care shall continue until enrollment in MinnesotaCare is completed.  Upon notification of eligibility for MinnesotaCare, notice of termination for eligibility for general assistance medical care shall be sent to the applicant.  Once enrolled in MinnesotaCare, the MinnesotaCare-covered services as described in section 256L.03 shall apply for the remainder of the six-month general assistance medical care eligibility period until their six-month renewal.

 

(c) This subdivision does not apply if the applicant:

 

(1) has applied for and is awaiting a determination of blindness or disability by the state medical review team or a determination of eligibility for Supplemental Security Income or Social Security Disability Insurance by the Social Security Administration;

 

(2) is homeless as defined by United States Code, title 42, section 11301, et seq.;

 

(3) is classified as an end-stage renal disease beneficiary in the Medicare program;

 

(4) receives treatment funded in section 254B.02; or

 

(5) fails to meet the requirements of section 256L.09, subdivision 2.

 

Applicants and recipients who meet any one of these criteria shall remain eligible for general assistance medical care and are not eligible to enroll in MinnesotaCare until the next renewal period.


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(d) To be eligible for general assistance medical care following enrollment in MinnesotaCare as required in paragraph (a), an individual must complete a new application.

 

(e) This subdivision expires June 1, 2010.  For any applicant or recipient who meets the requirements of this subdivision before June 1, 2010, the commissioner shall continue the process of enrolling the individual in MinnesotaCare and, upon the completion of enrollment, the individual shall receive services under MinnesotaCare in accordance with paragraph (b).

 

Subd. 3.  Eligibility and enrollment procedures.  (a) Eligibility for general assistance medical care shall begin no earlier than the date of application.  The date of application shall be the date the applicant has provided a name, address, and Social Security number, signed and dated, to the county agency or the Department of Human Services.  If the applicant is unable to provide a name, address, Social Security number, and signature when health care is delivered due to a medical condition or disability, a health care provider may act on an applicant's behalf to establish the date of an application by providing the county agency or Department of Human Services with provider identification and a temporary unique identifier for the applicant.  The applicant must complete the remainder of the application and provide necessary verification before eligibility can be determined.  The applicant must complete the application within the time periods required under the medical assistance program as specified in Minnesota Rules, parts 9505.0015, subpart 5; and 9505.0090, subpart 2.  The county agency must assist the applicant in obtaining verification if necessary.

 

(b) County agencies are authorized to use all automated databases containing information regarding recipients' or applicants' income in order to determine eligibility for general assistance medical care or MinnesotaCare.  Such use shall be considered sufficient in order to determine eligibility and premium payments by the county agency.

 

(c) In determining the amount of assets of an individual eligible under subdivision 1, paragraph (a), clause (2), there shall be included any asset or interest in an asset, including an asset excluded under subdivision 1, paragraph (a), that was given away, sold, or disposed of for less than fair market value within the 60 months preceding application for general assistance medical care or during the period of eligibility.  Any transfer described in this paragraph shall be presumed to have been for the purpose of establishing eligibility for general assistance medical care, unless the individual furnishes convincing evidence to establish that the transaction was exclusively for another purpose.  For purposes of this paragraph, the value of the asset or interest shall be the fair market value at the time it was given away, sold, or disposed of, less the amount of compensation received.  For any uncompensated transfer, the number of months of ineligibility, including partial months, shall be calculated by dividing the uncompensated transfer amount by the average monthly per person payment made by the medical assistance program to skilled nursing facilities for the previous calendar year.  The individual shall remain ineligible until this fixed period has expired.  The period of ineligibility may exceed 30 months, and a reapplication for benefits after 30 months from the date of the transfer shall not result in eligibility unless and until the period of ineligibility has expired.  The period of ineligibility begins in the month the transfer was reported to the county agency, or if the transfer was not reported, the month in which the county agency discovered the transfer, whichever comes first.  For applicants, the period of ineligibility begins on the date of the first approved application.

 

(d) When determining eligibility for any state benefits under this subdivision, the income and resources of all noncitizens shall be deemed to include their sponsor's income and resources as defined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and subsequently set out in federal rules.

 

(e) Applicants and recipients are eligible for general assistance medical care for a six-month eligibility period.  Eligibility may be renewed for additional six-month periods.  During each six-month eligibility period, individuals are not eligible for MinnesotaCare.


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Subd. 4.  General assistance medical care; services.  (a) Within the limitations described in this section, general assistance medical care covers medically necessary services that include:

 

(1) inpatient hospital services;

 

(2) outpatient hospital services;

 

(3) services provided by Medicare-certified rehabilitation agencies;

 

(4) prescription drugs;

 

(5) equipment necessary to administer insulin and diagnostic supplies and equipment for diabetics to monitor blood sugar level;

 

(6) eyeglasses and eye examinations;

 

(7) hearing aids;

 

(8) prosthetic devices, if not covered by veteran's benefits;

 

(9) laboratory and x-ray services;

 

(10) physicians' services;

 

(11) medical transportation except special transportation;

 

(12) chiropractic services as covered under the medical assistance program;

 

(13) podiatric services;

 

(14) dental services;

 

(15) mental health services covered under chapter 256B;

 

(16) services performed by a certified pediatric nurse practitioner, a certified family nurse practitioner, a certified adult nurse practitioner, a certified obstetric/gynecological nurse practitioner, a certified neonatal nurse practitioner, or a certified geriatric nurse practitioner in independent practice, if (1) the service is otherwise covered under this chapter as a physician service, (2) the service provided on an inpatient basis is not included as part of the cost for inpatient services included in the operating payment rate, and (3) the service is within the scope of practice of the nurse practitioner's license as a registered nurse, as defined in section 148.171;

 

(17) services of a certified public health nurse or a registered nurse practicing in a public health nursing clinic that is a department of, or that operates under the direct authority of, a unit of government, if the service is within the scope of practice of the public health nurse's license as a registered nurse, as defined in section 148.171;

 

(18) telemedicine consultations, to the extent they are covered under section 256B.0625, subdivision 3b;

 

(19) care coordination and patient education services provided by a community health worker according to section 256B.0625, subdivision 49; and


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(20) regardless of the number of employees that an enrolled health care provider may have, sign language interpreter services when provided by an enrolled health care provider during the course of providing a direct, person-to-person-covered health care service to an enrolled recipient who has a hearing loss and uses interpreting services.

 

(b) Sex reassignment surgery is not covered under this section.

 

(c) Drug coverage is covered in accordance with section 256D.03, subdivision 3, paragraph (b).

 

(d) The following co-payments shall apply for services provided:

 

(1) $25 for nonemergency visits to a hospital-based emergency room; and

 

(2) $3 per brand-name drug prescription, subject to a $7 per month maximum for prescription drug co-payments.  No co-payments shall apply to antipsychotic drugs when used for the treatment of mental illness.

 

(e) Co-payments shall be limited to one per day per provider for nonemergency visits to a hospital-based emergency room.  Recipients of general assistance medical care are responsible for all co-payments in this subdivision.  Reimbursement for prescription drugs shall be reduced by the amount of the co-payment until the recipient has reached the $7 per month maximum for prescription drug co-payments.  The provider shall collect the co-payment from the recipient.  Providers may not deny services to recipients who are unable to pay the co‑payment.

 

(f) Chemical dependency services that are reimbursed under chapter 254B shall not be reimbursed under general assistance medical care.

 

(g) Inpatient hospital services that are provided in community behavioral health hospitals operated by state-operated services shall not be reimbursed under general assistance medical care.

 

Subd. 5.  Payment rates and contract modification; April 1, 2010, to May 31, 2010.  (a) For the period April 1, 2010, to May 31, 2010, general assistance medical care shall be paid on a fee-for-service basis.  Fee-for-service payment rates for services other than outpatient prescription drugs shall be set at 37 percent of the payment rate in effect on March 31, 2010.

 

(b) Outpatient prescription drug coverage provided during the period April 1, 2010, to May 31, 2010, shall be paid on a fee-for-service basis according to section 256B.0625, subdivision 13e.

 

Subd. 6.  Coordinated care delivery systems.  (a) Effective June 1, 2010, the commissioner shall contract with hospitals or groups of hospitals that qualify under paragraph (b) and agree to deliver services according to this subdivision.  Contracting hospitals shall develop and implement a coordinated care delivery system to provide health care services to individuals who are eligible for general assistance medical care under this section and who either choose to receive services through the coordinated care delivery system or who are enrolled by the commissioner under paragraph (c).  The health care services provided by the system must include:  (1) the services described in subdivision 4 with the exception of outpatient prescription drug coverage but shall include drugs administered in an outpatient setting; or (2) a set of comprehensive and medically necessary health services that the recipients might reasonably require to be maintained in good health and that has been approved by the commissioner, including as a minimum, but not limited to, emergency care, emergency ground ambulance transportation services, inpatient hospital and physician care, outpatient health services, preventive health services, mental health services, and drugs administered in an outpatient setting.  Outpatient prescription drug coverage is covered on a fee-for-service basis in accordance with subdivisions 7 and 9.  A hospital establishing a coordinated care delivery system under this subdivision must ensure that the requirements of this subdivision are met.


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(b) A hospital or group of hospitals may contract with the commissioner to develop and implement a coordinated care delivery system as follows:

 

(1) effective June 1, 2010, a hospital qualifies under this subdivision if:  (i) during calendar year 2007, it received fee-for-service payments for services to general assistance medical care recipients (A) equal to or greater than $1,500,000, or (B) equal to or greater than 1.3 percent of net patient revenue; or (ii) a contract with the hospital is necessary to provide geographic access or to ensure that at least 80 percent of enrollees have access to a coordinated care delivery system; and

 

(2) effective December 1, 2010, a Minnesota hospital not qualified under clause (1) may contract with the commissioner under this subdivision if it agrees to satisfy the requirements of this subdivision.

 

Participation by hospitals shall become effective quarterly on June 1, September 1, December 1, or March 1.  Hospital participation is effective for a period of 12 months and may be renewed for successive 12-month periods.

 

(c) Applicants and recipients may enroll in any available coordinated care delivery system.  If more than one coordinated care delivery system is available, the applicant or recipient shall be allowed to choose among the systems.  The commissioner may assign an applicant or recipient to a coordinated care delivery system if no choice is made by the applicant or recipient.  Upon enrollment into a coordinated care delivery system, the enrollee must agree to receive all nonemergency services through the coordinated care delivery system.  Enrollment in a coordinated care delivery system is for six months and may be renewed for additional six-month periods, except that initial enrollment is for six months or until the end of a recipient's period of general assistance medical care eligibility, whichever occurs first.  An individual is not eligible to enroll in MinnesotaCare during a period of enrollment in a coordinated care delivery system.  From June 1, 2010, to November 30, 2010, applicants and enrollees not enrolled in a coordinated care delivery system may seek services from a hospital eligible for reimbursement under the temporary uncompensated care pool established under subdivision 8.  After November 30, 2010, services are available only through a coordinated care delivery system.

 

(d) The hospital may contract and coordinate with providers and clinics for the delivery of services and shall contract with essential community providers as defined under section 62Q.19, subdivision 1, paragraph (a), clauses (1) and (2), to the extent practicable.  If a provider or clinic contracts with a hospital to provide services through the coordinated care delivery system, the provider may not refuse to provide services to any of the system's enrollees, and payment for services shall be negotiated with the hospital and paid by the hospital from the system's allocation under subdivision 7.

 

(e) A coordinated care delivery system must:

 

(1) provide the covered services required under paragraph (a) to recipients enrolled in the coordinated care delivery system, and comply with the requirements of subdivision 4, paragraphs (b) to (g);

 

(2) establish a process to monitor enrollment and ensure the quality of care provided;

 

(3) in cooperation with counties, coordinate the delivery of health care services with existing homeless prevention, supportive housing, and rent subsidy programs and funding administered by the Minnesota Housing Finance Agency under chapter 462A; and

 

(4) adopt innovative and cost-effective methods of care delivery and coordination, which may include the use of allied health professionals, telemedicine, patient educators, care coordinators, and community health workers.

 

(f) The hospital may require an enrollee to designate a primary care provider or a primary care clinic that is certified as a health care home under section 256B.0751.  The hospital may limit the delivery of services to a network of providers who have contracted with the hospital to deliver services in accordance with this subdivision, and require an enrollee to seek services only within this network.  The hospital may also require a referral to a


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provider before the service is eligible for payment.  A coordinated care delivery system is not required to provide payment to a provider who is not employed by or under contract with the system for services provided to an enrollee of the system, except in cases of an emergency.

 

(g) An enrollee of a coordinated care delivery system has the right to appeal to the commissioner according to section 256.045.

 

(h) The state shall not be liable for the payment of any cost or obligation incurred by the coordinated care delivery system.

 

(i) The hospital must provide the commissioner with data necessary for assessing enrollment, quality of care, cost, and utilization of services.  Each hospital must provide, on a quarterly basis on a form prescribed by the commissioner for each enrollee served through the coordinated care delivery system, the services provided, the cost of services provided, the actual payment amount for the services provided, and any other information the commissioner deems necessary to claim federal Medicaid match.

 

Subd. 7.  Payments; rate setting for the hospital coordinated care delivery system.  (a) Effective for general assistance medical care services, with the exception of outpatient prescription drug coverage, provided on or after June 1, 2010, through a coordinated care delivery system, the commissioner shall allocate the annual appropriation for the coordinated care delivery system to hospitals participating under subdivision 6 twice every three months, starting June 1, 2010.  The payment shall be allocated among all hospitals qualified to participate on the allocation date.  Each hospital or group of hospitals shall receive a pro rata share of the allocation based on the hospital's or group of hospitals' calendar year 2007 payments for general assistance medical care services, provided that, for the purposes of this allocation, payments to Hennepin County Medical Center, Regions Hospital, and Fairview University Medical Center shall be weighted at 110 percent of the actual amount.  The commissioner shall conduct a settle-up after the conclusion of each quarter to ensure that final allocations reflect actual hospital utilization and shall reallocate funds as necessary among participating hospitals.  The 2007 base year shall be updated by one calendar year each June 1, beginning June 1, 2011.

 

(b) In order to be reimbursed under this section, nonhospital providers of health care services shall contract with one or more hospitals described in paragraph (a) to provide services to general assistance medical care recipients through the coordinated care delivery system established by the hospital.  The hospital shall reimburse bills submitted by nonhospital providers participating under this paragraph at a rate negotiated between the hospital and the nonhospital provider.

 

(c) The commissioner shall apply for federal matching funds under section 256B.199, paragraphs (a) to (d), for expenditures under this subdivision.

 

(d) Outpatient prescription drug coverage provided on or after June 1, 2010, shall be paid on a fee-for-service basis according to subdivision 9 and section 256B.0625, subdivision 13e.

 

Subd. 8.  Temporary uncompensated care pool.  (a) The commissioner shall establish a temporary uncompensated care pool, effective June 1, 2010.  Payments from the pool must be distributed, within the limits of the available appropriation, to hospitals that are not part of a coordinated care delivery system established under subdivision 6.

 

(b) Hospitals seeking reimbursement from this pool must submit an invoice to the commissioner in a form prescribed by the commissioner for payment for services provided to an applicant or enrollee not enrolled in a coordinated care delivery system.  A payment amount, as calculated under current law, must be determined, but not paid, for each admission of or service provided to a general assistance medical care recipient on or after June 1, 2010, to November 30, 2010.


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(c) The aggregated payment amounts for each hospital must be calculated as a percentage of the total calculated amount for all hospitals.

 

(d) Distributions from the uncompensated care pool for each hospital must be determined by multiplying the factor in paragraph (c) by the amount of money in the uncompensated care pool that is available for the six‑month period.

 

(e) The commissioner shall apply for federal matching funds under section 256B.199, paragraphs (a) to (d), for expenditures under this subdivision.

 

(f) Outpatient prescription drugs are not eligible for payment under this subdivision.

 

Subd. 9.  Prescription drug pool.  (a) The commissioner shall establish a prescription drug pool, effective June 1, 2010.  Money in the pool must be used to reimburse pharmacies and other providers for prescription drugs dispensed to enrollees, on a fee-for-service basis according to section 256B.0625, subdivision 13e.  Prescription drug coverage is subject to the availability of funds in the pool.  If the commissioner forecasts that expenditures under this subdivision will exceed the appropriation for this purpose, the commissioner may bring recommendations to the Legislative Advisory Commission on methods to resolve the shortfall.

 

(b) Effective June 1, 2010, coordinated care delivery systems established under subdivision 6 shall pay to the commissioner, on a quarterly basis, an assessment that in the aggregate equals 20 percent of the state appropriation for the prescription drug pool.  Each coordinated care delivery system's assessment must be in proportion to the system's share of total funding provided by the state for coordinated care delivery systems, as calculated by the commissioner based on the most recent available data.

 

Subd. 10.  Assistance for veterans.  Hospitals participating in the coordinated care delivery system under subdivision 6 shall consult with counties, county veterans service officers, and the Veterans Administration to identify other programs for which general assistance medical care recipients enrolled in their system are qualified.

 

EFFECTIVE DATE.  This section is effective for services rendered on or after April 1, 2010.

 

Sec. 12.  Minnesota Statutes 2008, section 256L.05, subdivision 3, is amended to read:

 

Subd. 3.  Effective date of coverage.  (a) The effective date of coverage is the first day of the month following the month in which eligibility is approved and the first premium payment has been received.  As provided in section 256B.057, coverage for newborns is automatic from the date of birth and must be coordinated with other health coverage.  The effective date of coverage for eligible newly adoptive children added to a family receiving covered health services is the month of placement.  The effective date of coverage for other new members added to the family is the first day of the month following the month in which the change is reported.  All eligibility criteria must be met by the family at the time the new family member is added.  The income of the new family member is included with the family's gross income and the adjusted premium begins in the month the new family member is added.

 

(b) The initial premium must be received by the last working day of the month for coverage to begin the first day of the following month.

 

(c) Benefits are not available until the day following discharge if an enrollee is hospitalized on the first day of coverage.

 

(d) Notwithstanding any other law to the contrary, benefits under sections 256L.01 to 256L.18 are secondary to a plan of insurance or benefit program under which an eligible person may have coverage and the commissioner shall use cost avoidance techniques to ensure coordination of any other health coverage for eligible persons.  The commissioner shall identify eligible persons who may have coverage or benefits under other plans of insurance or who become eligible for medical assistance.


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(e) The effective date of coverage for single adults and households with no children formerly enrolled in general assistance medical care and enrolled in MinnesotaCare according to section 256D.03, subdivision 3 256D.031, subdivision 2a, is the first day of the month following the last day of general assistance medical care coverage.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.

 

Sec. 13.  Minnesota Statutes 2008, section 256L.05, subdivision 3a, is amended to read:

 

Subd. 3a.  Renewal of eligibility.  (a) Beginning July 1, 2007, an enrollee's eligibility must be renewed every 12 months.  The 12-month period begins in the month after the month the application is approved.

 

(b) Each new period of eligibility must take into account any changes in circumstances that impact eligibility and premium amount.  An enrollee must provide all the information needed to redetermine eligibility by the first day of the month that ends the eligibility period.  If there is no change in circumstances, the enrollee may renew eligibility at designated locations that include community clinics and health care providers' offices.  The designated sites shall forward the renewal forms to the commissioner.  The commissioner may establish criteria and timelines for sites to forward applications to the commissioner or county agencies.  The premium for the new period of eligibility must be received as provided in section 256L.06 in order for eligibility to continue.

 

(c) For single adults and households with no children formerly enrolled in general assistance medical care and enrolled in MinnesotaCare according to section 256D.03, subdivision 3 256D.031, subdivision 2a, the first period of eligibility begins the month the enrollee submitted the application or renewal for general assistance medical care.

 

(d) An enrollee who fails to submit renewal forms and related documentation necessary for verification of continued eligibility in a timely manner shall remain eligible for one additional month beyond the end of the current eligibility period before being disenrolled.  The enrollee remains responsible for MinnesotaCare premiums for the additional month.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.

 

Sec. 14.  Minnesota Statutes 2008, section 256L.07, subdivision 6, is amended to read:

 

Subd. 6.  Exception for certain adults.  Single adults and households with no children formerly enrolled in general assistance medical care and enrolled in MinnesotaCare according to section 256D.03, subdivision 3 256D.031, subdivision 2a, are eligible without meeting the requirements of this section until renewal.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.

 

Sec. 15.  Minnesota Statutes 2008, section 256L.15, subdivision 4, is amended to read:

 

Subd. 4.  Exception for transitioned adults.  County agencies shall pay premiums for single adults and households with no children formerly enrolled in general assistance medical care and enrolled in MinnesotaCare according to section 256D.03, subdivision 3 256D.031, subdivision 2a, until six-month renewal.  The county agency has the option of continuing to pay premiums for these enrollees.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.

 

Sec. 16.  Minnesota Statutes 2008, section 256L.17, subdivision 7, is amended to read:

 

Subd. 7.  Exception for certain adults.  Single adults and households with no children formerly enrolled in general assistance medical care and enrolled in MinnesotaCare according to section 256D.03, subdivision 3 256D.031, subdivision 2a, are exempt from the requirements of this section until renewal.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.


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Sec. 17.  Minnesota Statutes 2008, section 517.08, subdivision 1c, is amended to read:

 

Subd. 1c.  Disposition of license fee.  (a) Of the marriage license fee collected pursuant to subdivision 1b, paragraph (a), $25 must be retained by the county.  The local registrar must pay $85 to the commissioner of management and budget to be deposited as follows:

 

(1) $50 $55 in the general fund;

 

(2) $3 in the state government special revenue fund to be appropriated to the commissioner of public safety for parenting time centers under section 119A.37;

 

(3) $2 in the special revenue fund to be appropriated to the commissioner of health for developing and implementing the MN ENABL program under section 145.9255; and

 

(4) $25 in the special revenue fund is appropriated to the commissioner of employment and economic development for the displaced homemaker program under section 116L.96; and

 

(5) $5 in the special revenue fund is appropriated to the commissioner of human services for the Minnesota Healthy Marriage and Responsible Fatherhood Initiative under section 256.742.

 

(b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the county.  The local registrar must pay $15 to the commissioner of management and budget to be deposited as follows:

 

(1) $5 as provided in paragraph (a), clauses (2) and (3); and

 

(2) $10 in the special revenue fund is appropriated to the commissioner of employment and economic development for the displaced homemaker program under section 116L.96.

 

(c) The increase in the marriage license fee under paragraph (a) provided for in Laws 2004, chapter 273, and disbursement of the increase in that fee to the special fund for the Minnesota Healthy Marriage and Responsible Fatherhood Initiative under paragraph (a), clause (5), is contingent upon the receipt of federal funding under United States Code, title 42, section 1315, for purposes of the initiative.

 

EFFECTIVE DATE.  This section is effective July 1, 2010.

 

Sec. 18.  DRUG REBATE PROGRAM. 

 

The commissioner of human services shall continue to administer a drug rebate program for drugs purchased for persons eligible for the general assistance medical care program in accordance with Minnesota Statutes, sections 256.01, subdivision 2, paragraph (cc), and 256D.03.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.

 

Sec. 19.  REVISOR'S INSTRUCTION. 

 

The revisor of statutes shall edit Minnesota Statutes, sections 256B.69 and 256B.692, to remove references to the general assistance medical care program.

 

EFFECTIVE DATE.  This section is effective June 1, 2010.


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Sec. 20.  REPEALER. 

 

(a) Minnesota Statutes 2008, sections 256.742; 256.979, subdivision 8; 256B.195, subdivisions 4 and 5; and 256D.03, subdivision 9, are repealed.

 

(b) Minnesota Statutes 2009 Supplement, sections 256B.195, subdivisions 1, 2, and 3; and 256D.03, subdivision 4, are repealed.

 

(c) Minnesota Statutes 2008, sections 256L.05, subdivision 1b; 256L.07, subdivision 6; 256L.15, subdivision 4; and 256L.17, subdivision 7, are repealed effective January 1, 2011.

 

EFFECTIVE DATE.  This section is effective April 1, 2010.

 

ARTICLE 2

 

APPROPRIATIONS

 

      Section 1.  HUMAN SERVICES APPROPRIATION.

 

The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 79, as amended by Laws 2009, chapter 173, or other law, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2010" and "2011" used in this article mean that the addition to or subtraction from appropriations listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and 2011.  Supplemental appropriations and reductions for the fiscal year ending June 30, 2010, are effective the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

      Sec. 2.  HUMAN SERVICES

 

      Subdivision 1.  Total Appropriation                                                                         $(7,517,000)              $(69,393,000)

 

                                        Appropriations by Fund

 

                                                      2010                                      2011

 

General                             34,807,000                         118,493,000

 

Health Care Access     (42,324,000)                      (187,886,000)

 

The amounts that may be spent for each purpose are specified in the following subdivisions.


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      Subd. 2.  Children Support Enforcement Grants                                                                    -0-                      (300,000)

 

Minnesota Healthy Marriage and Responsible Fatherhood Initiative Fee.  Notwithstanding Minnesota Statutes, section 517.08, the balance and the fee revenue available to the commissioner of human services for the healthy marriage and responsible fatherhood initiative in the state government special revenue fund must be transferred to and deposited into the general fund by June 30, 2011.

 

      Subd. 3.  Children and Economic Assistance Operations (1,408,000)               (1,560,000)

 

      Subd. 4.  Basic Health Care Grants

 

The amounts that may be spent from this appropriation for each purpose are as follows:

 

(a) MinnesotaCare Grants

 

                                        Appropriations by Fund

 

Health Care Access     (42,324,000)                      (187,886,000)

 

(b) Medical Assistance Basic Health Care Grants - Families and Children                                                                                                       -0-             (49,000)

 

(c) Medical Assistance Basic Health Care Grants - Elderly and Disabled                                                                                                         -0-        (1,275,000)

 

(d) General Assistance Medical Care                                                                               39,413,000                 135,837,000

 

For general assistance medical care payments under Minnesota Statutes, section 256D.031.

 

$5,500,000 in fiscal year 2010 and $65,500,000 in fiscal year 2011 is for payments to coordinated care delivery systems under Minnesota Statutes, section 256D.031, subdivision 7.

 

$4,375,000 in fiscal year 2010 and $51,875,000 in fiscal year 2011 is for payments for prescription drugs under Minnesota Statutes, section 256D.031, subdivision 9.

 

$28,000,000 in fiscal year 2010 is for provider and prescription drug payments under Minnesota Statutes, section 256D.031, subdivision 5.

 

$1,538,000 in fiscal year 2010 and $18,462,000 in fiscal year 2011 is for payments from the temporary uncompensated care pool under Minnesota Statutes, section 256D.031, subdivision 8.

 

Any amount under paragraph (d) that is not spent in the first year does not cancel and is available for payments in the second year.


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The commissioner may transfer any unexpended amount under Minnesota Statutes, section 256D.031, subdivision 9, after the final allocation in fiscal year 2011 to make payments under Minnesota Statutes, section 256D.031, subdivision 7.

 

Any unexpended amount not used for general assistance medical care expenditures incurred before April 1, 2010, under Minnesota Statutes, section 256D.03, shall be used to make payments under paragraph (d).

 

      Subd. 5.  Health Care Management

 

The amounts that may be spent from the appropriation for each purpose are as follows:

 

Health Care Administration                                                                                              (2,998,000)                   (5,270,000)

 

Base Adjustment.  The general fund base for health care administration is reduced by $182,000 in fiscal year 2012 and $182,000 in fiscal year 2013.

 

      Subd. 6.  Continuing Care Grants

 

(a) Mental Health Grants                                                                                                       (200,000)                   (7,904,000)

 

The general fund appropriation to the commissioner of human services for adult mental health grants in Laws 2009, chapter 79, article 13, section 3, subdivision 8, as amended by Laws 2009, chapter 173, article 2, section 1, subdivision 8, is reduced by $7,704,000 in fiscal year 2011.  This is a onetime reduction.

 

$200,000 of the reduction in each year is to eliminate specialty care grants for the 2007 mental health initiative infrastructure investments.

 

(b) Other Continuing Care Grants                                            -0-                                   (2,037,000)

 

HIV Grants.  The general fund appropriation for the HIV drug and insurance grant program shall be reduced by $2,037,000 in fiscal year 2011 and increased by $2,037,000 in fiscal year 2013.  These adjustments are onetime and must not be applied to the base.  Notwithstanding any contrary provision, this provision expires June 30, 2013.

 

      Subd. 7.  Continuing Care Management                                                                                   -0-                      1,051,000

 

      Subd. 8.  Transfers

 

The commissioner must transfer $29,538,000 in fiscal year 2010 and $18,462,000 in fiscal year 2011 from the health care access fund to the general fund.  This is a onetime transfer.


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The commissioner must transfer $4,800,000 from the consolidated chemical dependency treatment fund to the general fund by June 30, 2010.

 

EFFECTIVE DATE.  This article is effective April 1, 2010."

 

Amend the title accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Mullery from the Committee on Civil Justice to which was referred:

 

H. F. No. 890, A bill for an act relating to children; modifying and clarifying provisions governing parentage presumptions and right to custody; providing for prebirth parentage orders or judgments in certain cases; amending Minnesota Statutes 2008, sections 257.54; 257.541, subdivision 1; 257.55, subdivision 1; 257.57, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 2, delete lines 1 to 4 and insert:

 

"(b) This subdivision does not apply in a contested paternity or maternity proceeding if the pregnancy was initiated by means other than sexual intercourse pursuant to an express written agreement among all known presumptive parents, entered into prior to the initiation of the pregnancy, under which another woman is identified as the intended mother."

 

Page 3, delete lines 12 to 14 and insert:

 

"(i) the pregnancy was initiated by means other than sexual intercourse and he intended at the outset of the process to be the legal parent of any resulting child, pursuant to an express written agreement among all known presumptive parents entered into prior to initiation of the pregnancy."

 

Page 3, line 25, delete "assisted reproductive technology" and insert "a means other than sexual intercourse"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Hilstrom from the Committee on Public Safety Policy and Oversight to which was referred:

 

H. F. No. 891, A bill for an act relating to public safety; expanding and modifying the expungement law; authorizing courts to modify or suspend collateral sanctions under certain circumstances; limiting the situations in which a juvenile delinquency criminal record is publicly available; amending Minnesota Statutes 2008, sections 260B.171, subdivisions 4, 5; 609.135, by adding a subdivision; 609A.02, subdivisions 2, 3; 609A.03, subdivisions 2, 3, 4, 5, 5a, 7; proposing coding for new law in Minnesota Statutes, chapter 609A.

 

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2008, section 609A.02, subdivision 3, is amended to read:

 

Subd. 3.  Certain criminal proceedings not resulting in conviction.  A petition may be filed under section 609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:

 

(1) all pending actions or proceedings were resolved in favor of the petitioner.  For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution in favor of the petitioner; or

 

(2) the petitioner has successfully completed the terms of a diversion program or stay of adjudication that was agreed to by the prosecutor and has not been charged with a new crime for at least one year since completion of the diversion program or stay of adjudication.

 

Sec. 2.  [609A.025] EXPUNGEMENT WHEN CHARGES ARE DISMISSED; NO PETITION REQUIRED WITH PROSECUTOR AGREEMENT AND VICTIM NOTIFICATION. 

 

(a) Upon agreement of the prosecutor, the court shall seal the criminal record for a person described in section 609A.02, subdivision 3, clause (2), without the filing of a petition unless it determines that the interests of the public and public safety in keeping the record public outweigh the disadvantages to the subject of the record in not sealing it.

 

(b) Before agreeing to the sealing of a record under this section, the prosecutor shall make a good-faith effort to inform any identifiable victims of the offense of the intended prosecutorial agreement and the opportunity to object to the agreement.

 

(c) Subject to paragraph (b), the prosecutor may agree to the sealing of records under this section before or after the criminal charges are dismissed.

 

Sec. 3.  Minnesota Statutes 2008, section 609A.03, subdivision 2, is amended to read:

 

Subd. 2.  Contents of petition.  (a) A petition for expungement shall be signed under oath by the petitioner and shall state the following:

 

(1) the petitioner's full name and all other legal names or aliases by which the petitioner has been known at any time;

 

(2) the petitioner's date of birth;

 

(3) all of the petitioner's addresses from the date of the offense or alleged offense in connection with which an expungement order is sought, to the date of the petition;

 

(4) why expungement is sought, if it is for employment or licensure purposes, the statutory or other legal authority under which it is sought, and why it should be granted;

 

(5) the details of the offense or arrest for which expungement is sought, including the date and jurisdiction of the occurrence, either the names of any victims or that there were no identifiable victims, whether there is a current order for protection, restraining order, or other no contact order prohibiting the petitioner from contacting the victims or whether there has ever been a prior order for protection or restraining order prohibiting the petitioner from contacting the victims, the court file number, and the date of conviction or of dismissal;


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(6) in the case of a conviction, what steps the petitioner has taken since the time of the offense toward personal rehabilitation, including treatment, work, or other personal history that demonstrates rehabilitation;

 

(7) petitioner's criminal conviction record indicating all convictions for misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable convictions in any other state, federal court, or foreign country, whether the convictions occurred before or after the arrest or conviction for which expungement is sought;

 

(8) petitioner's criminal charges record indicating all prior and pending criminal charges against the petitioner in this state or another jurisdiction, including all criminal charges that have been continued for dismissal or stayed for adjudication, or have been the subject of pretrial diversion; and

 

(9) all prior requests by the petitioner, whether for the present offense or for any other offenses, in this state or any other state or federal court, for pardon, return of arrest records, or expungement or sealing of a criminal record, whether granted or not, and all stays of adjudication or imposition of sentence involving the petitioner.

 

(b) If there is a current order for protection, restraining order, or other no contact order prohibiting the petitioner from contacting the victims or there has ever been a prior order for protection or restraining order prohibiting the petitioner from contacting the victims, the petitioner shall attach a copy of the order to the petition.

 

(c) Where practicable, the petitioner shall attach to the petition a copy of the complaint or the police report for the offense or offenses for which expungement is sought.

 

Sec. 4.  Minnesota Statutes 2008, section 609A.03, subdivision 7, is amended to read:

 

Subd. 7.  Limitations of order.  (a) Upon issuance of an expungement order related to a charge supported by probable cause, the DNA samples and DNA records held by the Bureau of Criminal Apprehension and collected under authority other than section 299C.105, shall not be sealed, returned to the subject of the record, or destroyed.

 

(b) Notwithstanding the issuance of an expungement order:

 

(1) an expunged record may be opened upon request by law enforcement, prosecution, or corrections authorities, for purposes of a criminal investigation, prosecution, or sentencing, upon an ex parte without a court order;

 

(2) an expunged record of a conviction may be opened for purposes of evaluating a prospective employee in a criminal justice agency without a court order; and

 

(3) an expunged record of a conviction may be opened for purposes of a background study under section 245C.08 unless the court order for expungement is directed specifically to the commissioner of human services.

 

Upon request by law enforcement, prosecution, or corrections authorities, an agency or jurisdiction subject to an expungement order shall inform the requester of the existence of a sealed record and of the right to obtain access to it as provided by this paragraph.  For purposes of this section, a "criminal justice agency" means courts or a government agency that performs the administration of criminal justice under statutory authority."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; authorizing the expungement of criminal records for certain individuals who have received stays of adjudication or diversion; authorizing expungements without petitions in certain cases where charges were dismissed against a person upon prosecutorial approval and with victim


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notification; requiring persons petitioning for an expungement to provide a copy of the criminal complaint or police report; amending Minnesota Statutes 2008, sections 609A.02, subdivision 3; 609A.03, subdivisions 2, 7; proposing coding for new law in Minnesota Statutes, chapter 609A."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Hornstein from the Transportation and Transit Policy and Oversight Division to which was referred:

 

H. F. No. 1000, A bill for an act relating to transportation; designating Highway 14 as Black and Yellow Trail; amending Minnesota Statutes 2008, section 161.14, by adding a subdivision.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

 

H. F. No. 1503, A bill for an act relating to health occupations; providing registration for massage therapists; amending Minnesota Statutes 2008, section 116J.70, subdivision 2a; proposing coding for new law in Minnesota Statutes, chapters 148; 325F; repealing Minnesota Rules, part 2500.5000.

 

Reported the same back with the following amendments:

 

Page 6, line 11, after the semicolon, insert "and"

 

Page 6, delete lines 12 to 16

 

Page 6, line 17, delete "(3)" and insert "(2)"

 

Page 7, delete lines 12 to 17

 

Page 7, line 18, delete "(2)" and insert "(1)"

 

Page 7, line 22, delete "(3)" and insert "(2)"

 

Pages 16 to 17, delete subdivision 4

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.


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Carlson from the Committee on Finance to which was referred:

 

H. F. No. 1671, A bill for an act relating to public employment; modifying provisions relating to labor or employee organizations; amending Minnesota Statutes 2008, sections 16A.133, subdivision 1; 179A.03, subdivision 14; 179A.06, subdivisions 3, 6.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

HIGHER EDUCATION

 

      Section 1.  SUMMARY OF APPROPRIATIONS.

 

      Subdivision 1.  Summary Total.  The amounts shown in this section summarize direct appropriations, by fund, made in this article.

 

                                                                                                                       2010                               2011                              Total

 

General                                                                                             $1,410,000              $(48,155,000)              $(46,745,000)

 

Total                                                                                                 $1,410,000              $(48,155,000)              $(46,745,000)

 

      Subd. 2.  Summary by Agency - All Funds.  The amounts shown in this subdivision summarize direct appropriations, by agency, made in this article.

 

                                                                                                                       2010                               2011                              Total

 

Minnesota Office of Higher Education                                      $1,410,000                 $(1,568,000)                    $(158,000)

 

Board of Trustees of the Minnesota State

 Colleges and Universities                                                                             -0-                 (10,467,000)                 (10,467,000)

 

Board of Regents of the University of Minnesota                                   -0-                 (36,120,000)                 (36,120,000)

 

Total                                                                                                 $1,410,000              $(48,155,000)              $(46,745,000)

 

      Sec. 2.  APPROPRIATIONS.

 

The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 95, article 1, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2010" and "2011" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.  Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.


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                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

 

Sec. 3.  OFFICE OF HIGHER EDUCATION

 

      Subdivision 1.  Total Appropriation                                                                           $1,410,000                 $(1,568,000)

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  State Grants                                                                                                                     -0-                   (1,487,000)

 

The tuition maximum for fiscal year 2011 for students in two-year programs and for students in private, for-profit, four-year programs is $5,364.

 

Financial aid changes in this article are expected to achieve savings available to the state grant program for fiscal year 2011 as a result of reducing tuition maximums, eliminating eligibility for a ninth semester, and eliminating the high school-to-college developmental transition program grants.  Any additional savings necessary to make grants in fiscal year 2011 must be achieved through the application of Minnesota Statutes, section 136A.121, subdivision 7.

 

This is a onetime reduction.

 

      Subd. 3.  Interstate Tuition Reciprocity                                                                       1,487,000                                   -0-

 

      Subd. 4.  Agency Administration                                                                                       (77,000)                         (81,000)

 

      Sec. 4.  BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES

 

      Subdivision 1.  Total Appropriation                                                                                         $-0-              $(10,467,000)

 

The amounts that must be reduced or added for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Central Office and Shared Services Unit                                                                 -0-                   (3,000,000)

 

Reductions under this subdivision must not be allocated to any institution and must not be charged back to any campus or institution.


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      Subd. 3.  Operations and Maintenance                                                                                      -0-                   (7,467,000)

 

Each institution must reduce administrative budgets by at least ten percent.  The remaining reductions must be allocated proportionately to all institutions to minimize the impact on students and instruction.

 

For fiscal years 2012 and 2013, the base for operations and maintenance is $597,467,000 each year.

 

      Subd. 4.  Cook County Higher Education

 

$40,000 in fiscal year 2010 and $40,000 in fiscal year 2011 appropriated by Laws 2009, chapter 95, article 1, section 4, to the board of trustees for operations and maintenance is for Cook County higher education.

 

      Sec. 5.  BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA

 

      Subdivision 1.  Total Appropriation                                                                                         $-0-              $(36,120,000)

 

The amounts that must be reduced or added for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Operations and Maintenance                                                                                      -0-                 (32,223,000)

 

The legislature intends that reductions under this subdivision are achieved through at least a ten percent reduction to administrative budgets, distributed proportionately to the Twin Cities campus and the other campuses of the University of Minnesota.  Remaining reductions must be made to minimize the impact on students and instruction.

 

Reductions under this subdivision must not be allocated to the University of Minnesota and Mayo Foundation Partnership.

 

For fiscal years 2012 and 2013, the base for operations and maintenance is $566,882,000 each year.

 

      Subd. 3.  Special Appropriations

 

(a) Agriculture and Extension Service                                                                                             -0-                   (2,787,000)

 

(b) Health Sciences                                                                                                                                -0-                      (281,000)

 

$18,000 in fiscal year 2011 is a reduction to the appropriation to support up to 12 resident physicians in the St. Cloud Hospital family practice residency program.


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Reductions under this paragraph for the graduate family medicine education programs at Hennepin County Medical Center must be proportional to other reductions under this paragraph.

 

(c) Institute of Technology                                                                                                                  -0-                         (74,000)

 

(d) System Special                                                                                                                                 -0-                      (328,000)

 

(e) University of Minnesota and Mayo Foundation Partnership                                              -0-                      (427,000)

 

Sec. 6.  Minnesota Statutes 2008, section 136A.121, subdivision 6, is amended to read:

 

Subd. 6.  Cost of attendance.  (a) The recognized cost of attendance consists of allowances specified in law for living and miscellaneous expenses, and an allowance for tuition and fees equal to the lesser of the average tuition and fees charged by the institution, or the tuition and fee maximums established in law, or for students in two-year or four-year private, for-profit programs, the maximum tuition and fee amount for a public two-year institution.

 

(b) For a student registering for less than full time, the office shall prorate the cost of attendance to the actual number of credits for which the student is enrolled.

 

(c) The recognized cost of attendance for a student who is confined to a Minnesota correctional institution shall consist of the tuition and fee component in paragraph (a), with no allowance for living and miscellaneous expenses.

 

(d) For the purpose of this subdivision, "fees" include only those fees that are mandatory and charged to full-time resident students attending the institution.  Fees do not include charges for tools, equipment, computers, or other similar materials where the student retains ownership.  Fees include charges for these materials if the institution retains ownership.  Fees do not include optional or punitive fees.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 7.  Minnesota Statutes 2009 Supplement, section 136A.121, subdivision 9, is amended to read:

 

Subd. 9.  Awards.  An undergraduate student who meets the office's requirements is eligible to apply for and receive a grant in any year of undergraduate study unless the student has obtained a baccalaureate degree or previously has been enrolled full time or the equivalent for nine eight semesters or the equivalent, excluding courses taken from a Minnesota school or postsecondary institution which is not participating in the state grant program and from which a student transferred no credit.  A student who withdraws from enrollment for active military service, or for a major illness, while under the care of a medical professional, that substantially limits the student's ability to complete the term is entitled to an additional semester or the equivalent of grant eligibility.  A student enrolled in a two-year program at a four-year institution is only eligible for the tuition and fee maximums established by law for two-year institutions.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 8.  [136A.129] LEGISLATIVE NOTICE. 

 

The office shall notify the chairs of the legislative committees with primary jurisdiction over higher education finance of any proposed material change to the administration of any of the grant or financial aid programs in sections 136A.095 to 136A.128.


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Sec. 9.  Minnesota Statutes 2008, section 136A.1701, subdivision 4, is amended to read:

 

Subd. 4.  Terms and conditions of loans.  (a) The office may loan money upon such terms and conditions as the office may prescribe.  The Under the SELF IV program, the principal amount of a loan to an undergraduate student for a single academic year shall not exceed $6,000 for grade levels 1 and 2 effective July 1, 2006, through June 30, 2007.  Effective July 1, 2007, the principal amount of a loan for grade levels 1 and 2 shall not exceed $7,500.  The principal amount of a loan for grade levels 3, 4, and 5 shall not exceed $7,500 effective July 1, 2006 $7,500 per grade level.  The aggregate principal amount of all loans made under this section to an undergraduate student shall not exceed $34,500 through June 30, 2007, and $37,500 after June 30, 2007.  The principal amount of a loan to a graduate student for a single academic year shall not exceed $9,000.  The aggregate principal amount of all loans made under this section to a student as an undergraduate and graduate student shall not exceed $52,500 through June 30, 2007, and $55,500 after June 30, 2007.  The amount of the loan may not exceed the cost of attendance less all other financial aid, including PLUS loans or other similar parent loans borrowed on the student's behalf.  The cumulative SELF loan debt must not exceed the borrowing maximums in paragraph (b).

 

(b) The cumulative undergraduate borrowing maximums for SELF IV loans are:

 

(1) effective July 1, 2006, through June 30, 2007:

 

(i) grade level 1, $6,000;

 

(ii) grade level 2, $12,000;

 

(iii) grade level 3, $19,500;

 

(iv) grade level 4, $27,000; and

 

(v) grade level 5, $34,500; and

 

(2) effective July 1, 2007:

 

(i) grade level 1, $7,500;

 

(ii) (2) grade level 2, $15,000;

 

(iii) (3) grade level 3, $22,500;

 

(iv) (4) grade level 4, $30,000; and

 

(v) (5) grade level 5, $37,500.

 

(c) The principal amount of a SELF V or subsequent phase loan to students enrolled in a bachelor's degree program, postbaccalaureate, or graduate program must not exceed $10,000 per grade level.  For all other eligible students, the principal amount of the loan must not exceed $7,500 per grade level.  The aggregate principal amount of all loans made under this section to a student as an undergraduate and graduate student must not exceed $70,000.  The amount of the loan must not exceed the cost of attendance less all other financial aid, including PLUS loans or other similar parent loans borrowed on the student's behalf.  The cumulative SELF loan debt must not exceed the borrowing maximums in paragraph (d).

 

(d)(1) The cumulative borrowing maximums for SELF V loans and subsequent phases for students enrolled in a bachelor's degree program or postbaccalaureate program are:

 

(i) grade level 1, $10,000;


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(ii) grade level 2, $20,000;

 

(iii) grade level 3, $30,000;

 

(iv) grade level 4, $40,000; and

 

(v) grade level 5, $50,000.

 

(2) For graduate level students, the borrowing limit is $10,000 per nine-month academic year, with a cumulative maximum for all SELF loan debt of $70,000.

 

(3) For all other eligible students, the cumulative borrowing maximums for SELF V loans and subsequent phases are:

 

(i) grade level 1, $7,500;

 

(ii) grade level 2, $15,000;

 

(iii) grade level 3, $22,500;

 

(iv) grade level 4, $30,000; and

 

(v) grade level 5, $37,500.

 

Sec. 10.  Minnesota Statutes 2008, section 136A.29, subdivision 9, is amended to read:

 

Subd. 9.  Revenue bonds; limit.  The authority is authorized and empowered to issue revenue bonds whose aggregate principal amount at any time shall not exceed $950,000,000 $1,300,000,000 and to issue notes, bond anticipation notes, and revenue refunding bonds of the authority under the provisions of sections 136A.25 to 136A.42, to provide funds for acquiring, constructing, reconstructing, enlarging, remodeling, renovating, improving, furnishing, or equipping one or more projects or parts thereof.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 11.  [136F.08] CENTRAL SYSTEM OFFICE. 

 

Subdivision 1.  Establishment.  A central system office is established for the Minnesota State Colleges and Universities to provide central support to the institutions enrolling students and to assist the board in fulfilling its missions under section 136F.05.  The central office must not assume responsibility for services that are most effectively and efficiently provided at the institution level.  The central system office is under the direction of the chancellor.

 

Subd. 2.  General duties.  The central system office must coordinate system level responsibilities for financial management, personnel management, facilities management, information technology, credit transfer, legal affairs, government relations, and auditing.  The central system office shall coordinate its services with the services provided at the institution level so as not to duplicate any functions that are provided by institutions.

 

Sec. 12.  [136F.302] CREDIT TRANSFER. 

 

The board of trustees must develop and maintain a systemwide effective and efficient mechanism for seamless student transfer between system institutions that has a goal of minimal loss of credits for transferring students.  The Degree Audit and Reporting System (DARS) and u.select database (and successor databases) housed within the


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office of the chancellor shall be the official repository of course equivalencies between system colleges and universities.  Each system college and university shall be responsible for ensuring the accuracy and completeness of course equivalencies listed for courses offered by that college or university.  The development and maintenance of the system must, at a minimum, address the following:

 

(1) alignment of institution curriculum and its communication to stakeholders;

 

(2) transfer between similar programs;

 

(3) documentation for transfer-related agreements between institutions;

 

(4) systemwide transfer information on the Internet that is easily accessible and maintained in a current and accurate status;

 

(5) training for campus-level staff to provide accurate and consistent advice to students;

 

(6) institutional rather than student obligation to provide prompt required documentation for course equivalency determinations; and

 

(7) consistency of transfer policies among institutions in compliance with a system policy.

 

Sec. 13.  Minnesota Statutes 2009 Supplement, section 136F.98, subdivision 1, is amended to read:

 

Subdivision 1.  Issuance of bonds.  The Board of Trustees of the Minnesota State Colleges and Universities or a successor may issue revenue bonds under sections 136F.90 to 136F.97 whose aggregate principal amount at any time may not exceed $200,000,000 $275,000,000, and payable from the revenue appropriated to the fund established by section 136F.94, and use the proceeds together with other public or private money that may otherwise become available to acquire land, and to acquire, construct, complete, remodel, and equip structures or portions thereof to be used for dormitory, residence hall, student union, food service, parking purposes, or for any other similar revenue-producing building or buildings of such type and character as the board finds desirable for the good and benefit of the state colleges and universities.  Before issuing the bonds or any part of them, the board shall consult with and obtain the advisory recommendations of the chairs of the house of representatives Ways and Means Committee and the senate Finance Committee about the facilities to be financed by the bonds.

 

Sec. 14.  Minnesota Statutes 2009 Supplement, section 299A.45, subdivision 1, is amended to read:

 

Subdivision 1.  Eligibility.  A person is eligible to receive educational benefits under this section if the person:

 

(1) is certified under section 299A.44 and in compliance with this section and rules of the commissioner of public safety and the Minnesota Office of Higher Education;

 

(2) is enrolled in an undergraduate degree or certificate program after June 30, 1990, at an eligible Minnesota institution as provided in section 136A.101, subdivision 4;

 

(3) has not received a baccalaureate degree or been enrolled full time for nine eight semesters or the equivalent, except that a student who withdraws from enrollment for active military service is entitled to an additional semester or the equivalent of eligibility; and

 

(4) is related in one of the following ways to a public safety officer killed in the line of duty on or after January 1, 1973:

 

(i) as a dependent child less than 23 years of age;


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(ii) as a surviving spouse; or

 

(iii) as a dependent child less than 30 years of age who has served on active military duty 181 consecutive days or more and has been honorably discharged or released to the dependent child's reserve or National Guard unit.

 

Sec. 15.  Laws 2009, chapter 95, article 1, section 3, subdivision 6, is amended to read:

 

      Subd. 6.  Achieve Scholarship Program                                                                      4,350,000                      4,350,000

 

For scholarships under Minnesota Statutes, section 136A.127, the office shall transfer the appropriation for fiscal year 2011 to the appropriation for state grants.

 

      Sec. 16.  Laws 2009, chapter 95, article 1, section 3, subdivision 21, is amended to read:

 

      Subd. 21.  Transfers

 

The Minnesota Office of Higher Education may transfer unencumbered balances from the appropriations in this section to the state grant appropriation, the interstate tuition reciprocity appropriation, the child care grant appropriation, the Indian scholarship appropriation, the state work-study appropriation, the achieve scholarship appropriation, the public safety officers' survivors appropriation, and the Minnesota college savings plan appropriation.  Transfers from the state grant, child care, or state work-study appropriations may only be made to the extent there is a projected surplus in the appropriation.  A transfer may be made only with prior written notice to the chairs of the senate and house of representatives committees with jurisdiction over higher education finance.

 

      EFFECTIVE DATE.  This section is effective the day following final enactment.

 

      Sec. 17.  Laws 2009, chapter 95, article 1, section 5, subdivision 2, is amended to read:

 

      Subd. 2.  Operations and Maintenance                                                                    550,345,000                 604,239,000

 

(a) This appropriation includes funding for operation and maintenance of the system.

 

(b) The Board of Regents shall submit expenditure reduction plans by March 15, 2010, to the committees of the legislature with responsibility for higher education finance to achieve the 2012‑2013 base established in this section.  The plan must focus on protecting direct instruction.

 

(c) Appropriations under this subdivision may be used for a new scholarship under Minnesota Statutes, section 137.0225, to complement the University's Founders scholarship.


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(d) This appropriation includes amounts for an Ojibwe Indian language program on the Duluth campus.

 

(e) This appropriation includes money for the Dakota language teacher training immersion program on the Twin Cities campus to prepare teachers to teach in Dakota language immersion programs.

 

(f) This appropriation includes money for the Veterinary Diagnostic Laboratory to preserve accreditation.

 

(g) This appropriation includes money in fiscal year 2010 for a onetime grant to the Minnesota Wildlife Rehabilitation Center for their uncompensated expenses in an amount equal to the loan balance as of March 11, 2010, for expenses related to the center's move from the campus.

 

(h) For fiscal years 2012 and 2013, the base for operations and maintenance is $596,930,000 each year.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 18.  OFFICE OF HIGHER EDUCATION CARRYFORWARD. 

 

Notwithstanding Minnesota Statutes, section 136A.125, subdivision 7, or 136A.233, subdivision 1, the Office of Higher Education may carry forward to fiscal year 2011, funds allocated to an institution for the child care and work study programs that exceed the actual need and were refunded to the office from fiscal year 2010.  Notwithstanding Minnesota Statutes, section 136A.125, subdivision 4c, funds carried forward for the child care program in fiscal year 2011 may be used to expand the number of recipients in the program.

 

Sec. 19.  REPORT OF CREDIT TRANSFER ACTIVITIES. 

 

The Board of Trustees of the Minnesota State Colleges and Universities shall report on February 15, 2011, and annually thereafter through 2015, on its activities to achieve the credit transfer goals of Minnesota Statutes, section 136F.302, and the results of those activities.  The report shall be made to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance.  The goals of Minnesota Statutes, section 136F.302, should be fully achieved as soon as possible, but no later than the start of the 2015-2016 academic year.

 

Sec. 20.  MNSCU REVENUE BONDS FOR STATE UNIVERSITIES. 

 

Notwithstanding Minnesota Statutes, section 136F.98, subdivision 1, for fiscal years 2010 and 2011, the board of trustees must use the increase in the aggregate revenue bond limit in Minnesota Statutes, section 136F.98, subdivision 1, to issue revenue bonds for eligible projects at state universities.

 

Sec. 21.  PILOT PROJECT; LOCAL DEPOSIT OF RESERVES OF MINNESOTA STATE COLLEGES AND UNIVERSITIES. 

 

Subdivision 1.  Establishment.  To increase the distribution of potential economic benefit of deposits of reserve funds of the institutions of the Minnesota State Colleges and Universities, a pilot project is established to transfer certain reserve deposits of selected institutions from the state treasury to a community financial institution.  Notwithstanding Minnesota Statutes, section 16A.27, on July 1, 2010, the commissioner of management and budget shall transfer the board-required reserve funds of colleges and universities selected by the board of trustees under subdivision 2, to a community financial institution designated for each of the participating colleges and universities.


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Subd. 2.  Participating colleges and universities.  By June 11, 2010, colleges and universities must apply to the Board of Trustees of the Minnesota State Colleges and Universities for participation in the pilot project.  Each applicant must designate one or more community financial institutions for the deposit of board-required reserves, with the terms of the deposit for each designated community financial institution.  The designated community financial institution must be located within 25 miles of a participating campus.  From the applicants, the board shall select eight postsecondary institutions to participate in the local deposit pilot project.  In making its selection, the board must consider the size of the institution's reserves and the terms offered by the designated community financial institutions.  Two-year and four-year institutions must be selected to participate in the pilot project and at least five of the selected institutions must be located in greater Minnesota.

 

By June 25, 2010, the board must notify the commissioner of management and budget of the participating colleges and universities and the associated community financial institutions.

 

Subd. 3.  Community financial institution.  As used in this section, "community financial institution" means a federally insured bank or credit union, chartered as a bank or credit union by the state of Minnesota or the United States, that is headquartered in Minnesota.

 

Subd. 4.  Evaluation and report.  The commissioner of management and budget and the board of trustees shall independently evaluate the effectiveness or harm of the local deposit pilot project in increasing the use of community financial institutions and providing wider distribution of the economic benefit of the deposit of postsecondary reserves.  Each evaluation must include the participating colleges, universities, and community financial institutions.  The commissioner and the board shall report the results of the pilot project evaluation to the appropriate committees of the legislature by December 1, 2011, with recommendations on the future implementation of the pilot project.

 

Sec. 22.  APPROPRIATION REDUCTIONS. 

 

Any reduction in appropriations for the biennium ending June 30, 2011, for the central system office of Minnesota State Colleges and Universities must not be passed through to any institution or campus.  The board of trustees must not charge any institution for appropriation reductions made to the central office.

 

Sec. 23.  REPEALER. 

 

(a) Minnesota Statutes 2008, section 136A.127, subdivisions 1, 3, 5, 6, 7, 10, and 11, are repealed.

 

(b) Minnesota Statutes 2009 Supplement, sections 135A.61; 136A.121, subdivision 9b; and 136A.127, subdivisions 2, 4, 9, 9b, 10a, and 14, are repealed.

 

ARTICLE 2

 

ENVIRONMENT AND NATURAL RESOURCES

 

      Section 1.  SUMMARY OF APPROPRIATIONS.

 

The amounts shown in this section summarize direct appropriations, by fund, made in this article.

 

                                                                                                                       2010                               2011                              Total

 

General                                                                                           $(4,032,000)                 $(6,044,000)              $(10,076,000)

 

Environmental                                                                                                -0-                         535,000                         535,000


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Game and Fish                                                                                                -0-                         250,000                         250,000

 

Total                                                                                              $(4,032,000)                 $(5,259,000)                 $(9,291,000)

 

Sec. 2.  APPROPRIATIONS.

 

The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 1, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2010" and "2011" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.  Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

Sec. 3.  POLLUTION CONTROL AGENCY

 

      Subdivision 1.  Total Appropriation                                                                            $(535,000)                    $(630,000)

 

                                        Appropriations by Fund

 

General                                (535,000)                           (1,165,000)

 

Environmental                                -0-                                 535,000

 

The appropriation additions or reductions for each purpose are shown in the following subdivisions.

 

In order to leverage nonstate money or to address high priority needs identified by the commissioner, the commissioner may shift appropriations in Laws 2009, chapter 37, article 1, section 3, available in one fiscal year to the other fiscal year.  Any adjustments made under this paragraph do not affect the agency base for the programs affected.

 

      Subd. 2.  Water                                                                                                                   (392,000)                      (456,000)

 

                                        Appropriations by Fund

 

General                                (392,000)                              (991,000)

 

Environmental                                -0-                                 535,000

 

The commissioner shall recover the cost of attorney general services related to environmental assessment worksheets from the project proposers.


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$485,000 in 2011 is a reduction in the appropriation for general water program operations.

 

$485,000 is appropriated from the environmental fund for attorney general costs in water program operations.

 

$140,000 in 2010 and $304,000 in 2011 are reductions in the appropriations for the clean water partnership program.

 

$152,000 in 2010 and $152,000 in 2011 are reductions in the appropriations for the county feedlot grant program.

 

$100,000 in 2010 is a reduction in the appropriation for stormwater compliance grants.

 

$50,000 in 2011 is a reduction in the appropriation for grants to the Red River Watershed Management Board for the river watch program.

 

$50,000 in 2011 is appropriated from the environmental fund for grants to the Red River Watershed Management Board for the river watch program.

 

      Subd. 3.  Environmental Assistance and Cross-Media                                                (61,000)                         (95,000)

 

      Subd. 4.  Administrative Support                                                                                      (82,000)                         (79,000)

 

      Sec. 4.  NATURAL RESOURCES

 

      Subdivision 1.  Total Appropriation                                                                         $(2,501,000)                 $(3,184,000)

 

                                        Appropriations by Fund

 

General                             (2,501,000)                           (3,434,000)

 

Game and Fish                                -0-                                 250,000

 

The appropriation additions or reductions for each purpose are shown in the following subdivisions.

 

In order to leverage nonstate money, or to address high priority needs identified by the commissioner, the commissioner may shift appropriations in Laws 2009, chapter 37, article 1, section 4, available in one fiscal year to the other fiscal year.  Any adjustments made under this paragraph do not affect the agency base for the programs affected.

 

      Subd. 2.  Lands and Minerals                                                                                         (315,000)                      (333,000)

 

$124,000 in 2010 and $124,000 in 2011 are reductions in the appropriations for land and mineral resources management operations.


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$67,000 in 2010 and $85,000 in 2011 are reductions in the appropriations for the iron ore cooperative research program.

 

$6,000 in 2010 and $6,000 in 2011 are reductions in the appropriations for minerals cooperative research.

 

$115,000 in 2010 and $115,000 in 2011 are reductions in the appropriations for issuing mining permits in Laws 2009, chapter 88, article 12, section 22.

 

$3,000 in 2010 and $3,000 in 2011 are reductions in the appropriations for minerals diversification.

 

      Subd. 3.  Water Resource Management                                                                      (447,000)                      (533,000)

 

$447,000 in 2010 and $447,000 in 2011 are reductions in the appropriations for water resource management operations.

 

$60,000 in 2011 is a reduction in the appropriation for grants to the Mississippi Headwaters Board.

 

$5,000 in 2011 is a reduction in the appropriation for the payment to the Leech Lake Band of Chippewa Indians.

 

$10,000 in 2011 is a reduction in the appropriation for the construction of ring dikes.

 

$11,000 in 2011 is a reduction in the appropriation for the Red River flood damage reduction grants.

 

      Subd. 4.  Forest Management                                                                                         (815,000)                      (665,000)

 

                                        Appropriations by Fund

 

General                                (815,000)                              (915,000)

 

Game and Fish                                -0-                                 250,000

 

$617,000 in 2010 and $617,000 in 2011 are reductions in the appropriations for forest management.

 

$82,000 in 2010 and $82,000 in 2011 are reductions in the appropriations to maintain forest management operations.

 

$72,000 in 2010 and $72,000 in 2011 are reductions in the appropriations for prevention, presuppression, and suppression costs of emergency firefighting.

 

$14,000 in 2010 and $14,000 in 2011 are reductions in the appropriations for the FORIST system.


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$30,000 in 2010 and $130,000 in 2011 are reductions in the appropriations for grants to the Forest Resources Council.

 

$250,000 in fiscal year 2011 is appropriated from the game and fish fund to maintain and expand the ecological classification system program on state forest lands.  This is a onetime appropriation.

 

      Subd. 5.  Parks and Trails Management                                                                      (565,000)                      (565,000)

 

$490,000 in 2010 and $490,000 in 2011 are reductions in the appropriations for parks management.

 

$75,000 in 2010 and $75,000 in 2011 are reductions in the appropriations for trails and waterways management.

 

      Subd. 6.  Fish and Wildlife Management                                                                                  -0-                      (400,000)

 

$400,000 in 2011 is a reduction in the appropriation for wildlife health programs.

 

      Subd. 7.  Ecological Services                                                                                          (213,000)                      (188,000)

 

$168,000 in 2010 and $168,000 in 2011 are reductions in the appropriations for ecological services operations.

 

$45,000 in 2010 and $20,000 in 2011 are reductions in the appropriations for the prevention of the spread of invasive species.

 

      Subd. 8.  Enforcement                                                                                                      (136,000)                      (400,000)

 

      Subd. 9.  Operations Support                                                                                             (10,000)                      (100,000)

 

      Sec. 5.  BOARD OF WATER AND SOIL RESOURCES $(884,000)                $(1,145,000)

 

$119,000 in 2010 and $119,000 in 2011 are reductions in the appropriations for administration.

 

$33,000 in 2010 and $33,000 in 2011 are reductions in the appropriations for Wetland Conservation Act oversight.

 

$14,000 in 2010 and $14,000 in 2011 are reductions in the appropriations for assistance to local drainage officials.

 

$258,000 in 2010 and $251,000 in 2011 are reductions in the appropriations for natural resources block grants to local governments.

 

$228,000 in 2010 and $228,000 in 2011 are reductions in the appropriations for general purpose grants to soil and water conservation districts.


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$32,000 in 2010 and $32,000 in 2011 are reductions in the appropriations for cost-share feedlot grants.

 

$105,000 in 2010 and $72,000 in 2011 are reductions in the appropriations for cost-share grants.

 

$67,000 in 2010 and $58,000 in 2011 are reductions in the appropriations for cost-share grants to establish and maintain riparian vegetative buffers.

 

$7,000 in 2010 and $7,000 in 2011 are reductions in the appropriations for county cooperative weed management programs.

 

$7,000 in 2010 and $7,000 in 2011 are reductions in the appropriations for transfers to the Department of Natural Resources for enforcement of the Wetland Conservation Act.

 

$7,000 in 2010 and $7,000 in 2011 are reductions in the appropriations for grants to local units of government in the 11-county metropolitan area for response to Wetland Conservation Act violations.

 

$7,000 in 2010 and $7,000 in 2011 are reductions in the appropriations for cost-share grants for drainage records modernization.

 

$90,000 in 2011 is a reduction in the appropriation for the grant to the Red River Basin Commission.

 

$90,000 in 2011 is a reduction in the appropriation for the grant to the Minnesota River Basin Joint Powers Board.

 

$130,000 in 2011 is a reduction in the appropriation for a grant to Area II, Minnesota River Basin Projects for flood plain management.

 

Notwithstanding Minnesota Statutes, sections 103B.3369 and 103C.501, in order to leverage nonstate money or to address high priority needs identified by board resolution, the board may shift appropriations in Laws 2009, chapter 37, article 1, section 5, available in one fiscal year to the other fiscal year.  Any adjustments made under this paragraph do not affect the agency base for the programs affected.

 

      Sec. 6.  METROPOLITAN COUNCIL                                                                       $(112,000)                    $(300,000)

 

$112,000 in 2010 and $300,000 in 2011 are reductions in the appropriations for metropolitan parks and trails.


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The commissioner of management and budget, in consultation with the council, may shift these reductions from the first fiscal year to the second fiscal year if sufficient funds are not available for reduction in the first fiscal year.  Any adjustments made under this paragraph do not affect the appropriation base.

 

      Sec. 7.  TRANSFERS AND CANCELLATIONS.

 

      Subdivision 1.  Department of Natural Resources

 

(a) The appropriation in Laws 2007, First Special Session chapter 2, article 1, section 5, for cost-share flood programs in southeastern Minnesota is reduced by $335,000 and that amount is canceled to the general fund.

 

(b) The balance of surcharges on criminal and traffic offenders, estimated to be $900,000, and credited to the game and fish fund under Minnesota Statutes, section 357.021, subdivision 7, and collected prior to June 30, 2010, must be transferred to the general fund.

 

(c) By June 30, 2010, the commissioner of management and budget shall transfer any remaining balance, estimated to be $98,000, from the stream protection and improvement fund under Minnesota Statutes, section 103G.705, to the general fund.  Beginning in fiscal year 2011, all repayment of loans made and administrative fees assessed under Minnesota Statutes, section 103G.705, must be transferred to the general fund.

 

      Subd. 2.  Board of Water and Soil Resources

 

(a) The amounts appropriated from the returned grant accounts in the special revenue fund are reduced by $310,000, and that amount must be transferred to the general fund by June 30, 2011.

 

(b) The appropriation in Laws 2008, chapter 363, article 5, section 5, for cost-share flood work is reduced by $245,000, and that amount is canceled to the general fund.

 

(c) The appropriation in Laws 2007, chapter 57, article 1, section 5, for clean water legacy programs and grants is reduced by $775,000, and that amount is canceled to the general fund.

 

(d) The appropriation in Laws 2007, First Special Session chapter 2, article 1, section 8, for cost-share flood programs in southeastern Minnesota is reduced by $553,000, and that amount is canceled to the general fund.


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Sec. 8.  Minnesota Statutes 2008, section 97A.061, subdivision 1, is amended to read:

 

Subdivision 1.  Applicability; amount.  (a) The commissioner shall annually make a payment to each county having public hunting areas and game refuges.  Money to make the payments is annually appropriated for that purpose from the general fund.  Except as provided in paragraph (b), this section does not apply to state trust fund land and other state land not purchased for game refuge or public hunting purposes.  Except as provided in paragraph (b), the payment shall be 87 percent for fiscal year 2011 and 93.5 percent thereafter of the greatest of:

 

(1) 35 percent of the gross receipts from all special use permits and leases of land acquired for public hunting and game refuges;

 

(2) 50 cents per acre on land purchased actually used for public hunting or game refuges; or

 

(3) three-fourths of one percent of the appraised value of purchased land actually used for public hunting and game refuges.

 

(b) The payment shall be 50 percent of the dollar amount adjusted for inflation as determined under section 477A.12, subdivision 1, paragraph (a), clause (1), multiplied by the number of acres of land in the county that are owned by another state agency for military purposes and designated as a game refuge under section 97A.085.

 

(c) The payment must be reduced by the amount paid under subdivision 3 for croplands managed for wild geese.

 

(d) The appraised value is the purchase price for five years after acquisition.  The appraised value shall be determined by the county assessor every five years after acquisition.

 

Sec. 9.  [97A.072] PEACE OFFICER TRAINING ACCOUNT. 

 

Subdivision 1.  Account established; sources.  The peace officer training account is created in the game and fish fund in the state treasury.  Revenue from the portion of the surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7, clause (1), shall be deposited in the account and is appropriated to the commissioner.  Money in the account may be spent only for the purposes provided in subdivision 2.

 

Subd. 2.  Purposes of account.  Money in the peace officer training account may only be spent by the commissioner for peace officer training for employees of the Department of Natural Resources who are licensed under sections 626.84 to 626.863 to enforce game and fish laws.

 

Sec. 10.  Minnesota Statutes 2008, section 103G.705, subdivision 2, is amended to read:

 

Subd. 2.  Stream protection and improvement fund.  There is established in the state treasury a stream protection and redevelopment fund.  All repayments of loans made and administrative fees assessed under subdivision 1 must be deposited in this fund.  Interest earned on money in the fund accrues to the fund and money in the fund is appropriated to the commissioner of natural resources for purposes of the stream protection and redevelopment program, including costs incurred by the commissioner to establish and administer the program.  Beginning in fiscal year 2010, all repayments of loans made and administrative fees assessed under subdivision 1 must be transferred to the general fund.  This includes any balance within the fund from repayments and administrative fees assessed prior to July 1, 2009.

 

Sec. 11.  Minnesota Statutes 2009 Supplement, section 357.021, subdivision 7, is amended to read:

 

Subd. 7.  Disbursement of surcharges by commissioner of management and budget.  (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of management and budget shall disburse surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:


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(1) beginning July 1, 2010, one percent shall be credited to the peace officer training account in the game and fish fund and appropriated to the commissioner of natural resources to provide peace officer training for employees of the Department of Natural Resources who are licensed under sections 626.84 to 626.863, and who possess peace officer authority for the purpose of enforcing game and fish laws;

 

(2) 39 percent shall be credited to the peace officers training account in the special revenue fund; and

 

(3) 60 percent shall be credited to the general fund.

 

(b) The commissioner of management and budget shall credit $3 of each surcharge received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.

 

(c) In addition to any amounts credited under paragraph (a), the commissioner of management and budget shall credit $47 of each surcharge received under subdivision 6 and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.

 

(d) If the Ramsey County Board of Commissioners authorizes imposition of the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator in the Second Judicial District shall transmit the surcharge to the commissioner of management and budget.  The $1 special surcharge is deposited in a Ramsey County surcharge account in the special revenue fund and amounts in the account are appropriated to the trial courts for the administration of the petty misdemeanor diversion program operated by the Second Judicial District Ramsey County Violations Bureau.

 

Sec. 12.  Minnesota Statutes 2008, section 477A.12, subdivision 1, is amended to read:

 

Subdivision 1.  Types of land; payments.  (a) As an offset for expenses incurred by counties and towns in support of natural resources lands, 87 percent for fiscal year 2011 and 93.5 percent thereafter of the following amounts are annually appropriated to the commissioner of natural resources from the general fund for transfer to the commissioner of revenue.  The commissioner of revenue shall pay the transferred funds to counties as required by sections 477A.11 to 477A.145.  The amounts are:

 

(1) for acquired natural resources land, $3, as adjusted for inflation under section 477A.145, multiplied by the total number of acres of acquired natural resources land or, at the county's option three-fourths of one percent of the appraised value of all acquired natural resources land in the county, whichever is greater;

 

(2) 75 cents, as adjusted for inflation under section 477A.145, multiplied by the number of acres of county-administered other natural resources land;

 

(3) 75 cents, as adjusted for inflation under section 477A.145, multiplied by the total number of acres of land utilization project land; and

 

(4) 37.5 cents, as adjusted for inflation under section 477A.145, multiplied by the number of acres of commissioner-administered other natural resources land located in each county as of July 1 of each year prior to the payment year.

 

(b) The amount determined under paragraph (a), clause (1), is payable for land that is acquired from a private owner and owned by the Department of Transportation for the purpose of replacing wetland losses caused by transportation projects, but only if the county contains more than 500 acres of such land at the time the certification is made under subdivision 2.


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ARTICLE 3

 

ZOOS AND SCIENCE MUSEUM

 

      Section 1.  SUMMARY OF APPROPRIATIONS.

 

The amounts shown in this section summarize direct appropriations, by fund, made in this article.

 

                                                                                                                2010                               2011                              Total

 

General                                                                                               $(26,000)                    $(234,000)                    $(260,000)

 

Sec. 2.  APPROPRIATIONS.

 

The dollar amounts in the columns under "Appropriations" are added to, or, if shown in parentheses, subtracted from appropriations enacted in the 2009 regular legislative session.  The appropriations and reductions in appropriations are from the general fund, or another named fund, and are for the fiscal years indicated for each purpose.  The figures "2010" and "2011" mean that the appropriations or reductions in appropriations listed under them are for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and 2011.  Appropriations and reductions in appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

      Sec. 3.  ZOOLOGICAL BOARD                                                                                    $(26,000)                    $(216,000)

 

      Sec. 4.  SCIENCE MUSEUM OF MINNESOTA                                                                   $-0-                      $(18,000)

 

ARTICLE 4

 

ENERGY

 

      Section 1.  SUMMARY OF APPROPRIATIONS.

 

The amounts in this section summarize direct appropriations, or reductions in appropriations, by fund, made in this article.

 

                                                                                                                       2010                               2011                              Total

 

General                                                                                                 $110,000                    $(322,000)                    $(212,000)

 

Petroleum Tank Cleanup                                                                   (25,000)                         (32,000)                         (57,000)

 

Special Revenue                                                                                (139,000)                         (38,000)                      (446,000)

 

Total                                                                                                    $(54,000)                    $(392,000)                    $(446,000)


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Sec. 2.  APPROPRIATIONS.

 

The dollar amounts in the columns under "Appropriations" are added to or, if shown in parentheses, subtracted from appropriations enacted in Laws 2009, chapter 37, article 2, unless otherwise stated.  The appropriations and reductions in appropriations are from the general fund, or another named fund, and are for the fiscal years indicated for each purpose.  The figures "2010" and "2011" mean that the appropriations or reductions in appropriations listed under them are for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.  The "first year" is fiscal year 2010.  The "second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and 2011.  Appropriations, reductions in appropriations, cancellations of appropriations, and transfers of appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

Sec. 3.  DEPARTMENT OF COMMERCE  

 

      Subdivision 1.  Total Appropriation                                                                              $(54,000)                    $(392,000)

 

                                        Appropriations by Fund

 

                                                      2010                                      2011

 

General                                   110,000                              (322,000)

 

Petroleum Tank Release

 Cleanup                                (25,000)                                 (32,000)

 

Special Revenue                (139,000)                                (38,000)

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Administrative Services                                                                                     (66,000)                      (126,000)

 

      Subd. 3.  Market Assurance                                                                                             (124,000)                      (196,000)

 

      Subd. 4.  Financial Institutions                                                                                          400,000                                       

 

$400,000 the first year is a onetime appropriation for accessing the national mortgage licensing system (NMLS) as required by the federal Secure and Fair Enforcement (SAFE) for Mortgage Licensing Act, United States Code, title 12, chapter 51.

 

      Subd. 5.  Petroleum Tank Release Cleanup Board                                                      (25,000)                         (32,000)

 

These reductions are from the petroleum tank release cleanup fund.

 

      Subd. 6.  Office of Energy Security                                                                               (239,000)                         (38,000)


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                                        Appropriations by Fund

 

                                                      2010                                      2011

 

General                                (250,000)                                           -0-

 

Special Revenue                (139,000)                                (38,000)

 

(a) $100,000 the first year is a reduction in the appropriation for E85 cost-share grants.

 

(b) $18,000 the first year is a reduction in the grant to the Board of Regents of the University of Minnesota for the Natural Resources and Research Institute at the University of Minnesota, Duluth, to develop statewide heat flow maps.  This reduction is from the appropriation from the special revenue fund.

 

(c) $31,000 the first year and $38,000 the second year are reductions in funding of community energy technical assistance and outreach on renewable energy and energy efficiency, as described in Minnesota Statutes, section 216C.385.  These reductions are from the appropriations from the special revenue fund.

 

(d) $90,000 the first year is a reduction in the grant to the Board of Trustees of the Minnesota State Colleges and Universities for the International Renewable Energy Technology Institute (IRETI).  This reduction is from the appropriation from the special revenue fund.

 

      Sec. 4.  CANCELLATIONS; GENERAL FUND

 

(a) Of the unexpended balance from previous appropriations from the general fund to the commissioner of commerce for E85 cost-share grants, $350,000 is canceled.

 

(b) Of the unexpended balance from the appropriation from the general fund to the commissioner of commerce for the renewable hydrogen initiative in Minnesota Statutes, section 216B.813, $550,000 is canceled.

 

      Sec. 5.  CANCELLATIONS; SPECIAL REVENUE FUND

 

(a) Of the unexpended balance from the appropriation from the special revenue fund to the commissioner of commerce in Laws 2007, chapter 57, article 2, section 3, subdivision 6, for biogas recovery grants, $250,000 is canceled.

 

(b) Of the unexpended balance from the appropriation from the special revenue fund to the commissioner of commerce in Laws 2007, chapter 57, article 2, section 3, subdivision 6, for automotive research grants, $39,000 is canceled.


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(c) Of the unexpended balance from the appropriation from the special revenue fund to the commissioner of commerce in Laws 2007, chapter 57, article 2, section 3, subdivision 6, for the hydrogen road map, $50,000 is canceled.

 

(d) Of the unexpended balance from the appropriation from the special revenue fund to the commissioner of commerce in Laws 2007, chapter 57, article 2, section 3, subdivision 6, for renewable energy grants, $40,000 is canceled.

 

(e) Of the unexpended balance from the appropriation from the special revenue fund to the commissioner of commerce in Laws 2008, chapter 363, article 6, section 3, subdivision 4, for green economy and manufacturing, $8,000 is canceled.

 

(f) Of the unexpended balance from the appropriation from the special revenue fund to the commissioner of commerce in Laws 2008, chapter 340, section 5, for studies and activities associated with the legislative greenhouse gas accord advisory group, $13,000 is canceled.

 

      Sec. 6.  TRANSFER; PETROLEUM TANK RELEASE CLEANUP FUND

 

Before June 30, 2010, the commissioner of management and budget shall transfer $1,969,000 to the general fund.  After July 1, 2010, and before June 30, 2011, the commissioner of management and budget shall transfer $1,032,000 to the general fund.  These transfers are from the petroleum tank release cleanup fund established in Minnesota Statutes, chapter 115C.

 

      Sec. 7.  TRANSFERS; SPECIAL REVENUE FUND

 

(a) For the purposes of this section, "commissioner" means the commissioner of management and budget.

 

(b) In the first year, the commissioner shall transfer $3,066,000 from the special revenue fund to the general fund.  In the second year, the commissioner shall transfer $2,102,000 from the special revenue fund to the general fund.  The transfers must be from the following appropriation reductions and accounts within the special revenue fund:

 

(1) $539,000 the first year and $38,000 the second year are from the special revenue fund appropriations reductions and cancellations in this article;

 

(2) $246,000 the first year and $270,000 the second year are from the telecommunications access Minnesota fund established in Minnesota Statutes, section 237.52;


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(3) $238,000 the first year is from the assessments collected under Minnesota Statutes, section 216C.052, for the reliability administrator;

 

(4) $100,000 the first year and $100,000 the second year are from the Department of Commerce technology account established in Minnesota Statutes, section 45.24;

 

(5) $697,000 the first year and $622,000 the second year are from the energy and conservation account established in Minnesota Statutes, section 216B.241.  Of this amount, (i) $100,000 the first year and $17,000 the second year are from the assessments for technical assistance in Minnesota Statutes, section 216B.241, subdivision 1d; (ii) $575,000 the first year and $575,000 the second year are from the assessments for applied research and development grants in Minnesota Statutes, section 216B.241, subdivision 1e; and (iii) $22,000 the first year and $30,000 the second year are from the assessment for facilities energy efficiency in Minnesota Statutes, section 216B.241, subdivision 1f;

 

(6) $64,000 the first year and $48,000 the second year are from the insurance fraud prevention account established in Minnesota Statutes, section 45.0135;

 

(7) $420,000 the first year and $420,000 the second year are from the automobile theft prevention account established in Minnesota Statutes, section 168A.40;

 

(8) $49,000 the first year and $5,000 the second year are from the real estate education, research and recovery fund established in Minnesota Statutes, section 82.43;

 

(9) $100,000 the first year is from the consumer education account established in Minnesota Statutes, section 58.10;

 

(10) $11,000 the first year and $15,000 the second year are from the fees and assessments collected under Minnesota Statutes, section 216E.18;

 

(11) the remaining balance in the first year, estimated to be $19,000, is from the routing of certain pipelines under Minnesota Statutes, section 216G.02;

 

(12) $4,000 the first year and $9,000 the second year are from the joint exercise of powers agreements with the Department of Health for regulating health maintenance organizations;

 

(13) $75,000 the first year and $75,000 the second year are from the liquefied petroleum gas account established in Minnesota Statutes, section 239.785; and


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(14) $500,000 the first year and $500,000 the second year are from the telephone assistance fund established in Minnesota Statutes, section 237.701.

 

      Sec. 8.  TRANSFER; ASSIGNED RISK PLAN

 

By June 30, 2010, the commissioner of management and budget shall transfer $15,000,000 in assets of the workers' compensation assigned risk plan created under Minnesota Statutes, section 79.252, to the general fund.

 

Sec. 9.  Minnesota Statutes 2009 Supplement, section 45.30, subdivision 6, is amended to read:

 

Subd. 6.  Course approval.  (a) Courses must be approved by the commissioner in advance.  A course that is required by federal criteria or a reciprocity agreement to receive a substantive review will be approved or disapproved on the basis of its compliance with the provisions of laws and rules relating to the appropriate industry.  At the commissioner's discretion, a course that is not required by federal criteria or a reciprocity agreement to receive a substantive review may be approved based on a qualified provider's certification on a form specified by the commissioner that the course complies with the provisions of this chapter and the laws and rules relating to the appropriate industry.  For the purposes of this section, a "qualified provider" is one of the following:  (1) a degree-granting institution of higher learning located within this state; (2) a private school licensed by the Minnesota Office of Higher Education; or (3) when conducting courses for its members, a bona fide trade association that staffs and maintains in this state a physical location that contains course and student records and that has done so for not less than three years.  The commissioner may review any approved course and may cancel its approval with regard to all future offerings.  The commissioner must make the final determination as to accreditation and assignment of credit hours for courses.  Courses must be at least one hour in length, except courses for real estate appraisers must be at least two hours in length.

 

Individuals wishing to receive credit for continuing education courses that have not been previously approved may submit the course information for approval.  Courses must be in compliance with the laws and rules governing the types of courses that will and will not be approved.

 

Approval will not include time spent on meals or other unrelated activities.

 

(b) Courses must be submitted at least 30 days before the initial proposed course offering.

 

(c) Approval must be granted for a subsequent offering of identical continuing education courses without requiring a new application.  The commissioner must deny future offerings of courses if they are found not to be in compliance with the laws relating to course approval.

 

(d) When either the content of an approved course or its method of instruction changes, the course is no longer approved for license education credit.  A new application must be submitted for the changed course if the education provider intends to offer it for license education credit.

 

Sec. 10.  Minnesota Statutes 2008, section 80A.46, is amended to read:

 

80A.46 SECTION 202; EXEMPT TRANSACTIONS.

 

The following transactions are exempt from the requirements of sections 80A.49 through 80A.54, except 80A.50, paragraph (a), clause (3), and 80A.71:


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(1) isolated nonissuer transactions, consisting of sale to not more than ten purchasers in Minnesota during any period of 12 consecutive months, whether effected by or through a broker-dealer or not;

 

(2) a nonissuer transaction by or through a broker-dealer registered, or exempt from registration under this chapter, and a resale transaction by a sponsor of a unit investment trust registered under the Investment Company Act of 1940, in a security of a class that has been outstanding in the hands of the public for at least 90 days, if, at the date of the transaction:

 

(A) the issuer of the security is engaged in business, the issuer is not in the organizational stage or in bankruptcy or receivership, and the issuer is not a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person;

 

(B) the security is sold at a price reasonably related to its current market price;

 

(C) the security does not constitute the whole or part of an unsold allotment to, or a subscription or participation by, the broker-dealer as an underwriter of the security or a redistribution;

 

(D) a nationally recognized securities manual or its electronic equivalent designated by rule adopted or order issued under this chapter or a record filed with the Securities and Exchange Commission that is publicly available contains:

 

(i) a description of the business and operations of the issuer;

 

(ii) the names of the issuer's executive officers and the names of the issuer's directors, if any;

 

(iii) an audited balance sheet of the issuer as of a date within 18 months before the date of the transaction or, in the case of a reorganization or merger when the parties to the reorganization or merger each had an audited balance sheet, a pro forma balance sheet for the combined organization; and

 

(iv) an audited income statement for each of the issuer's two immediately previous fiscal years or for the period of existence of the issuer, whichever is shorter, or, in the case of a reorganization or merger when each party to the reorganization or merger had audited income statements, a pro forma income statement; and

 

(E) any one of the following requirements is met:

 

(i) the issuer of the security has a class of equity securities listed on a national securities exchange registered under Section 6 of the Securities Exchange Act of 1934 or designated for trading on the National Association of Securities Dealers Automated Quotation System;

 

(ii) the issuer of the security is a unit investment trust registered under the Investment Company Act of 1940;

 

(iii) the issuer of the security, including its predecessors, has been engaged in continuous business for at least three years; or

 

(iv) the issuer of the security has total assets of at least $2,000,000 based on an audited balance sheet as of a date within 18 months before the date of the transaction or, in the case of a reorganization or merger when the parties to the reorganization or merger each had such an audited balance sheet, a pro forma balance sheet for the combined organization;


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(3) a nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in a security of a foreign issuer that is a margin security defined in regulations or rules adopted by the Board of Governors of the Federal Reserve System;

 

(4) a nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in an outstanding security if the guarantor of the security files reports with the Securities and Exchange Commission under the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.  Sections 78m or 78o(d));

 

(5) a nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in a security that:

 

(A) is rated at the time of the transaction by a nationally recognized statistical rating organization in one of its four highest rating categories; or

 

(B) has a fixed maturity or a fixed interest or dividend, if:

 

(i) a default has not occurred during the current fiscal year or within the three previous fiscal years or during the existence of the issuer and any predecessor if less than three fiscal years, in the payment of principal, interest, or dividends on the security; and

 

(ii) the issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not and has not been within the previous 12 months a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person;

 

(6) a nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter effecting an unsolicited order or offer to purchase;

 

(7) a nonissuer transaction executed by a bona fide pledgee without the purpose of evading this chapter;

 

(8) a nonissuer transaction by a federal covered investment adviser with investments under management in excess of $100,000,000 acting in the exercise of discretionary authority in a signed record for the account of others;

 

(9) a transaction in a security, whether or not the security or transaction is otherwise exempt, in exchange for one or more bona fide outstanding securities, claims, or property interests, or partly in such exchange and partly for cash, if the terms and conditions of the issuance and exchange or the delivery and exchange and the fairness of the terms and conditions have been approved by the administrator after a hearing;

 

(10) a transaction between the issuer or other person on whose behalf the offering is made and an underwriter, or among underwriters;

 

(11) a transaction in a note, bond, debenture, or other evidence of indebtedness secured by a mortgage or other security agreement if:

 

(A) the note, bond, debenture, or other evidence of indebtedness is offered and sold with the mortgage or other security agreement as a unit;

 

(B) a general solicitation or general advertisement of the transaction is not made; and


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(C) a commission or other remuneration is not paid or given, directly or indirectly, to a person not registered under this chapter as a broker-dealer or as an agent;

 

(12) a transaction by an executor, administrator of an estate, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator;

 

(13) a sale or offer to sell to:

 

(A) an institutional investor;

 

(B) an accredited investor;

 

(C) a federal covered investment adviser; or

 

(D) any other person exempted by rule adopted or order issued under this chapter;

 

(14) a sale or an offer to sell securities by an issuer, if the transaction is part of a single issue in which:

 

(A) not more than 35 purchasers are present in this state during any 12 consecutive months, other than those designated in paragraph (13);

 

(B) a general solicitation or general advertising is not made in connection with the offer to sell or sale of the securities;

 

(C) a commission or other remuneration is not paid or given, directly or indirectly, to a person other than a broker-dealer registered under this chapter or an agent registered under this chapter for soliciting a prospective purchaser in this state; and

 

(D) the issuer reasonably believes that all the purchasers in this state, other than those designated in paragraph (13), are purchasing for investment.

 

Any issuer selling to purchasers in this state in reliance on this clause (14) exemption must provide to the administrator notice of the transaction by filing a statement of issuer form as adopted by rule.  Notice must be filed at least ten days in advance of any sale or such shorter period as permitted by the administrator.  However, an issuer who makes sales to ten or fewer purchasers in Minnesota during any period of 12 consecutive months is not required to provide this notice;

 

(15) a transaction under an offer to existing security holders of the issuer, including persons that at the date of the transaction are holders of convertible securities, options, or warrants, if a commission or other remuneration, other than a standby commission, is not paid or given, directly or indirectly, for soliciting a security holder in this state.  The person making the offer and effecting the transaction must provide to the administrator notice of the transaction by filing a written description of the transaction.  Notice must be filed at least ten days in advance of any transaction or such shorter period as permitted by the administrator;

 

(16) an offer to sell, but not a sale, of a security not exempt from registration under the Securities Act of 1933 if:

 

(A) a registration or offering statement or similar record as required under the Securities Act of 1933 has been filed, but is not effective, or the offer is made in compliance with Rule 165 adopted under the Securities Act of 1933 (17 C.F.R. 230.165); and


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(B) a stop order of which the offeror is aware has not been issued against the offeror by the administrator or the Securities and Exchange Commission, and an audit, inspection, or proceeding that is public and that may culminate in a stop order is not known by the offeror to be pending;

 

(17) an offer to sell, but not a sale, of a security exempt from registration under the Securities Act of 1933 if:

 

(A) a registration statement has been filed under this chapter, but is not effective;

 

(B) a solicitation of interest is provided in a record to offerees in compliance with a rule adopted by the administrator under this chapter; and

 

(C) a stop order of which the offeror is aware has not been issued by the administrator under this chapter and an audit, inspection, or proceeding that may culminate in a stop order is not known by the offeror to be pending;

 

(18) a transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets, or other reorganization to which the issuer, or its parent or subsidiary and the other person, or its parent or subsidiary, are parties.  The person distributing the issuer's securities must provide to the administrator notice of the transaction by filing a written description of the transaction along with a consent to service of process complying with section 80A.88.  Notice must be filed at least ten days in advance of any transaction or such shorter period as permitted by the administrator;

 

(19) a rescission offer, sale, or purchase under section 80A.77;

 

(20) an offer or sale of a security to a person not a resident of this state and not present in this state if the offer or sale does not constitute a violation of the laws of the state or foreign jurisdiction in which the offeree or purchaser is present and is not part of an unlawful plan or scheme to evade this chapter;

 

(21) employees' stock purchase, savings, option, profit-sharing, pension, or similar employees' benefit plan, including any securities, plan interests, and guarantees issued under a compensatory benefit plan or compensation contract, contained in a record, established by the issuer, its parents, its majority-owned subsidiaries, or the majority-owned subsidiaries of the issuer's parent for the participation of their employees including offers or sales of such securities to:

 

(A) directors; general partners; trustees, if the issuer is a business trust; officers; consultants; and advisors;

 

(B) family members who acquire such securities from those persons through gifts or domestic relations orders;

 

(C) former employees, directors, general partners, trustees, officers, consultants, and advisors if those individuals were employed by or providing services to the issuer when the securities were offered; and

 

(D) insurance agents who are exclusive insurance agents of the issuer, or the issuer's subsidiaries or parents, or who derive more than 50 percent of their annual income from those organizations.

 

A person establishing an employee benefit plan under the exemption in this clause (21) must provide to the administrator notice of the transaction by filing a written description of the transaction along with a consent to service of process complying with section 80A.88.  Notice must be filed at least ten days in advance of any transaction or such shorter period as permitted by the administrator;


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(22) a transaction involving:

 

(A) a stock dividend or equivalent equity distribution, whether the corporation or other business organization distributing the dividend or equivalent equity distribution is the issuer or not, if nothing of value is given by stockholders or other equity holders for the dividend or equivalent equity distribution other than the surrender of a right to a cash or property dividend if each stockholder or other equity holder may elect to take the dividend or equivalent equity distribution in cash, property, or stock;

 

(B) an act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests, or partly in such exchange and partly for cash; or

 

(C) the solicitation of tenders of securities by an offeror in a tender offer in compliance with Rule 162 adopted under the Securities Act of 1933 (17 C.F.R. 230.162);

 

(23) a nonissuer transaction in an outstanding security by or through a broker-dealer registered or exempt from registration under this chapter, if the issuer is a reporting issuer in a foreign jurisdiction designated by this paragraph or by rule adopted or order issued under this chapter; has been subject to continuous reporting requirements in the foreign jurisdiction for not less than 180 days before the transaction; and the security is listed on the foreign jurisdiction's securities exchange that has been designated by this paragraph or by rule adopted or order issued under this chapter, or is a security of the same issuer that is of senior or substantially equal rank to the listed security or is a warrant or right to purchase or subscribe to any of the foregoing.  For purposes of this paragraph, Canada, together with its provinces and territories, is a designated foreign jurisdiction and The Toronto Stock Exchange, Inc., is a designated securities exchange.  After an administrative hearing in compliance with chapter 14, the administrator, by rule adopted or order issued under this chapter, may revoke the designation of a securities exchange under this paragraph, if the administrator finds that revocation is necessary or appropriate in the public interest and for the protection of investors;

 

(24) any transaction effected by or through a Canadian broker-dealer exempted from broker-dealer registration pursuant to section 80A.56(b)(3); or

 

(25)(A) the offer and sale by a cooperative organized under chapter 308A, or under the laws of another state, of its securities when the securities are offered and sold only to its members, or when the purchase of the securities is necessary or incidental to establishing membership in the cooperative, or when the securities are issued as patronage dividends.  This paragraph applies to a cooperative organized under chapter 308A, or under the laws of another state, only if the cooperative has filed with the administrator a consent to service of process under section 80A.88 and has, not less than ten days before the issuance or delivery, furnished the administrator with a written general description of the transaction and any other information that the administrator requires by rule or otherwise;

 

(B) the offer and sale by a cooperative organized under chapter 308B of its securities when the securities are offered and sold to its existing members or when the purchase of the securities is necessary or incidental to establishing patron membership in the cooperative, or when such securities are issued as patronage dividends.  The administrator has the power to define "patron membership" for purposes of this paragraph.  This paragraph applies to securities, other than securities issued as patronage dividends, only when:

 

(i) the issuer, before the completion of the sale of the securities, provides each offeree or purchaser disclosure materials that, to the extent material to an understanding of the issuer, its business, and the securities being offered, substantially meet the disclosure conditions and limitations found in rule 502(b) of Regulation D promulgated by the Securities and Exchange Commission, Code of Federal Regulations, title 17, section 230.502; and

 

(ii) within 15 days after the completion of the first sale in each offering completed in reliance upon this exemption, the cooperative has filed with the administrator a consent to service of process under section 80A.88 (or has previously filed such a consent), and has furnished the administrator with a written general description of the transaction and any other information that the administrator requires by rule or otherwise; and


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(C) a cooperative may, at or about the same time as offers or sales are being completed in reliance upon the exemptions from registration found in this subpart and as part of a common plan of financing, offer or sell its securities in reliance upon any other exemption from registration available under this chapter.  The offer or sale of securities in reliance upon the exemptions found in this subpart will not be considered or deemed a part of or be integrated with any offer or sale of securities conducted by the cooperative in reliance upon any other exemption from registration available under this chapter, nor will offers or sales of securities by the cooperative in reliance upon any other exemption from registration available under this chapter be considered or deemed a part of or be integrated with any offer or sale conducted by the cooperative in reliance upon this paragraph.

 

Sec. 11.  Minnesota Statutes 2008, section 80A.65, subdivision 1, is amended to read:

 

Subdivision 1.  Registration or notice filing fee.  (a) There shall be a filing fee of $100 for every application for registration or notice filing.  There shall be an additional fee of one-tenth of one percent of the maximum aggregate offering price at which the securities are to be offered in this state, and the maximum combined fees shall not exceed $300.

 

(b) When an application for registration is withdrawn before the effective date or a preeffective stop order is entered under section 80A.54, all but the $100 filing fee shall be returned.  If an application to register securities is denied, the total of all fees received shall be retained.

 

(c) Where a filing is made in connection with a federal covered security under section 18(b)(2) of the Securities Act of 1933, there is a fee of $100 for every initial filing.  If the filing is made in connection with redeemable securities issued by an open end management company or unit investment trust, as defined in the Investment Company Act of 1940, there is an additional annual fee of 1/20 1/10 of one percent of the maximum aggregate offering price at which the securities are to be offered in this state during the notice filing period.  The fee must be paid at the time of the initial filing and thereafter in connection with each renewal no later than July 1 of each year and must be sufficient to cover the shares the issuer expects to sell in this state over the next 12 months.  If during a current notice filing the issuer determines it is likely to sell shares in excess of the shares for which fees have been paid to the administrator, the issuer shall submit an amended notice filing to the administrator under section 80A.50, together with a fee of 1/20 1/10 of one percent of the maximum aggregate offering price of the additional shares.  Shares for which a fee has been paid, but which have not been sold at the time of expiration of the notice filing, may not be sold unless an additional fee to cover the shares has been paid to the administrator as provided in this section and section 80A.50.  If the filing is made in connection with redeemable securities issued by such a company or trust, there is no maximum fee for securities filings made according to this paragraph.  If the filing is made in connection with any other federal covered security under Section 18(b)(2) of the Securities Act of 1933, there is an additional fee of one-tenth of one percent of the maximum aggregate offering price at which the securities are to be offered in this state, and the combined fees shall not exceed $300.  Fees collected under this subdivision are exempted under section 16A.1285, subdivision 2.

 

Sec. 12.  Laws 2009, chapter 37, article 2, section 13, is amended to read:

 

Sec. 13.  APPROPRIATIONS; CANCELLATIONS. 

 

(a) The remaining balance of the fiscal year 2009 special revenue fund appropriation for the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section 3, subdivision 4, is transferred and appropriated to the commissioner of employment and economic development for the purposes of green enterprise assistance under Minnesota Statutes, section 116J.438.  This appropriation is available until spent.

 

(b) The unencumbered balance of the fiscal year 2008 appropriation to the commissioner of commerce for the rural and energy development revolving loan fund under Laws 2007, chapter 57, article 2, section 3, subdivision 6, is canceled and reappropriated to the commissioner of commerce as follows:


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(1) $1,500,000 is for a grant to the Board of Trustees of the Minnesota State Colleges and Universities for the International Renewable Energy Technology Institute (IRETI) to be located at Minnesota State University, Mankato, as a public and private partnership to support applied research in renewable energy and energy efficiency to aid in the transfer of technology from Sweden to Minnesota and to support technology commercialization from companies located in Minnesota and throughout the world; and

 

(2) the remaining balance is for a grant to the Board of Regents of the University of Minnesota for the initiative for renewable energy and the environment to fund start up costs related to a national solar testing and certification laboratory to test, rate, and certify the performance of equipment and devices that utilize solar energy for heating and cooling air and water and for generating electricity.

 

This appropriation is available until expended.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 13.  ASSESSMENT.

 

(a) The commissioner of commerce may levy a pro rata assessment on institutions licensed under Minnesota Statutes, chapter 58, to recover the costs to the Department of Commerce for administering the licensing and registration requirements of Minnesota Statutes, section 58A.10.

 

(b) The commissioner shall levy the assessments and notify each institution of the amount of the assessment being levied by September 30, 2010.  The institution shall pay the assessment to the department no later than November 30, 2010.  If an institution fails to pay its assessment by this date, its license may be suspended by the commissioner until it is paid in full.

 

(c) This section expires December 1, 2010.

 

ARTICLE 5

 

AGRICULTURE

 

      Section 1.  APPROPRIATIONS. 

 

Unless otherwise stated, the sums shown in the columns marked "Appropriations" are added to, or if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 94, article 1, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2010" and "2011" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.  Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

Sec. 2.  AGRICULTURE

 

      Subdivision 1.  Total Appropriation                                                                         $(1,895,000)                 $(3,411,000)

 

The amounts that may be spent for each purpose are specified in the following subdivisions.


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      Subd. 2.  Protection Services                                                                                           (168,000)                   (1,626,000)

 

These reductions include elimination of noncrop invasive species programs and efforts including gypsy moth and emerald ash borer.

 

      Subd. 3.  Agricultural Marketing and Development                                                 (127,000)                           (8,000)

 

$6,000 in 2010 is a reduction for grants to farmers for demonstration projects involving sustainable agriculture, as authorized in Minnesota Statutes, section 17.116.

 

$113,000 in 2010 is a reduction from Laws 2006, chapter 282, article 10, section 4, for the agricultural best management program.

 

      Subd. 4.  Bioenergy and Value-Added Agriculture                                                (1,102,000)                   (1,153,000)

 

$1,102,000 in 2010 and $1,153,000 in 2011 are reductions from the appropriation for ethanol producer payments.  These are onetime reductions.

 

      Subd. 5.  Administration and Financial Assistance                                                   (498,000)                      (624,000)

 

$23,000 in 2010 and $52,000 in 2011 are reductions from the appropriation for the dairy development and profitability enhancement and dairy business planning grant programs established under Laws 1997, chapter 216, section 7, subdivision 2, and Laws 2001, First Special Session chapter 2, section 9, subdivision 2.

 

$1,000 in 2011 is a reduction from the appropriation for a grant to the Minnesota Livestock Breeders Association.

 

$15,000 in 2011 is a reduction from the appropriation for a grant to the Minnesota Agricultural Education and Leadership Council.

 

$4,000 in 2011 is a reduction from the appropriation for the Northern Crops Institute.

 

$4,000 in 2010 and $5,000 in 2011 are reductions from the appropriation for grants to the Minnesota Turf Seed Council for basic and applied research on the improved production of forage and turf seed related to new and improved varieties.

 

$3,000 in 2010 and $4,000 in 2011 are reductions from the appropriation for grants to the Minnesota Turf Seed Council for basic and applied agronomic research on native plants including plant breeding, nutrient management, pest management, disease management yield, and viability.

 

$60,000 in 2010 is a reduction from the appropriation for the agricultural growth, research, and innovation program.


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$8,000 in 2011 is a reduction from the appropriation for transfer to the Board of Trustees of the Minnesota State Colleges and Universities for mental health counseling support to farm families and business operators through farm business management programs at Central Lakes College and Ridgewater College.

 

$1,000 in 2011 is a reduction from the appropriation for a grant to the Minnesota Horticultural Society.

 

$4,000 in 2010 is a reduction from the appropriation for transfer to the University of Minnesota Extension Service for farm-to-school grants to school districts in Minneapolis, Moorhead, White Earth, and Willmar.

 

$300,000 in 2010 and $300,000 in 2011 are reductions due to efficiencies and other cost savings realized by various methods including, but not limited to, renegotiating leases and other contracts and resource reorganization or consolidation within the department or in conjunction with other public entities.  The commissioner may allocate these reductions to programs.  If the commissioner cannot realize $300,000 in savings in each fiscal year from these methods, the commissioner shall achieve the reductions required under this provision by eliminating employees in the unclassified service or reducing the department's operations and maintenance budget.

 

      Subd. 6.  Transfers In

 

Notwithstanding any other law to the contrary, the commissioner of management and budget shall transfer $405,000 from the agricultural fund to the general fund by July 15, 2010.  By July 15, 2011, the commissioner of management and budget will transfer $629,000 from the agricultural fund to the general fund.

 

Notwithstanding any other law to the contrary, the commissioner of management and budget shall transfer $6,000 from the miscellaneous special revenue fund to the general fund by July 15, 2010.  By July 15, 2011, the commissioner of management and budget shall transfer $6,000 from the miscellaneous special revenue fund to the general fund.

 

      Sec. 3.  BOARD OF ANIMAL HEALTH              $(87,000)                                    $(141,000)

 

$87,000 in 2010 and $141,000 in 2011 is from the appropriation for general operations.


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      Sec. 4.  AGRICULTURAL UTILIZATION RESEARCH INSTITUTE                                                                                          $(120,000)        $(250,000)

 

Sec. 5.  Minnesota Statutes 2008, section 18G.07, is amended to read:

 

18G.07 TREE CARE AND TREE TRIMMING COMPANY REGISTRY REGISTRATION.

 

Subdivision 1.  Creation of registry.  The commissioner shall maintain a list of all persons and companies that provide tree care or tree trimming services in Minnesota.  All tree care providers, tree trimmers, and persons who remove trees, limbs, branches, brush, or shrubs for hire must provide the following information to be registered by the commissioner:.

 

Subd. 1a.  Registration.  (a) Tree care or tree trimming companies must register annually by providing the following to the commissioner:

 

(1) accurate and up-to-date business name, address, and telephone number;

 

(2) a complete list of all Minnesota counties in which they work; and

 

(3) a complete list of persons in the business who are certified by the International Society of Arborists a nonrefundable fee of $25 for initial application or renewing basic registration.

 

(b) Registration expires December 31, must be renewed annually, and the fee remitted by January 31 of the year for which it is issued.  In addition, a penalty of ten percent of the fee due must be charged for each month, or portion of a month, that the fee is delinquent up to a maximum of 30 percent for any application for renewal postmarked after December 31.

 

Subd. 2.  Information dissemination.  The commissioner shall provide registered tree care companies with information and data regarding any existing or potential regulated forest pest infestations within the state.

 

Subd. 3.  Violation.  It is unlawful for a person to provide tree care or tree trimming services in Minnesota for hire without being registered with the commissioner.

 

Sec. 6.  Laws 2007, chapter 45, article 1, section 3, subdivision 4, as amended by Laws 2008, chapter 297, article 1, section 64; and Laws 2008, chapter 363, article 7, section 6, is amended to read:

 

      Subd. 4.  Bioenergy and Value-Added Agricultural Products                             19,918,000                   15,168,000

 

$15,168,000 the first year and $15,168,000 the second year are for ethanol producer payments under Minnesota Statutes, section 41A.09.  If the total amount for which all producers are eligible in a quarter exceeds the amount available for payments, the commissioner shall make payments on a pro rata basis.  If the appropriation exceeds the total amount for which all producers are eligible in a fiscal year for scheduled payments and for deficiencies in payments during previous fiscal years, the balance in the appropriation is available to the commissioner for value-added agricultural programs including the value-added agricultural product processing and marketing grant program under Minnesota Statutes, section 17.101, subdivision 5.  The appropriation remains available until spent.


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$3,000,000 the first year is for grants to bioenergy projects.  The NextGen Energy Board shall make recommendations to the commissioner on grants for owners of Minnesota facilities producing bioenergy, organizations that provide for on-station, on-farm field scale research and outreach to develop and test the agronomic and economic requirements of diverse stands of prairie plants and other perennials for bioenergy systems, or certain nongovernmental entities.  For the purposes of this paragraph, "bioenergy" includes transportation fuels derived from cellulosic material as well as the generation of energy for commercial heat, industrial process heat, or electrical power from cellulosic material via gasification or other processes.  The board must give priority to a bioenergy facility that is at least 60 percent owned and controlled by farmers, as defined in Minnesota Statutes, section 500.24, subdivision 2, paragraph (n), or natural persons residing in the county or counties contiguous to where the facility is located.  Grants are limited to 50 percent of the cost of research, technical assistance, or equipment related to bioenergy production or $1,000,000, whichever is less.  Grants to nongovernmental entities for the development of business plans and structures related to community ownership of eligible bioenergy facilities together may not exceed $150,000.  The board shall make a good faith effort to select projects that have merit and when taken together represent a variety of bioenergy technologies, biomass feedstocks, and geographic regions of the state.  Projects must have a qualified engineer certification on the technology and fuel source.  Grantees shall provide reports at the request of the commissioner and must actively participate in the Agricultural Utilization Research Institute's Renewable Energy Roundtable.  No later than February 1, 2009, the commissioner shall report on the projects funded under this appropriation to the house and senate committees with jurisdiction over agriculture finance.  The commissioner's costs in administering the program may be paid from the appropriation.  Any unencumbered balance does not cancel at the end of the first year and is available in the second year This appropriation is available until June 30, 2011.

 

$200,000 the first year is for a grant to the Minnesota Turf Seed Council for basic and applied agronomic research on native plants, including plant breeding, nutrient management, pest management, disease management, yield, and viability.  The grant recipient may subcontract with a qualified third party for some or all of the basic or applied research.  The grant recipient must actively participate in the Agricultural Utilization Research Institute's Renewable Energy Roundtable and no later than February 1, 2009, must report to the house and senate committees with jurisdiction over agriculture finance.  This is a onetime appropriation and is available until spent.

 

$200,000 the first year is for a grant to a joint venture combined heat and power energy facility located in Scott or LeSueur County for the creation of a centrally located biomass fuel supply depot


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with the capability of unloading, processing, testing, scaling, and storing renewable biomass fuels.  The grant must be matched by at least $3 of nonstate funds for every $1 of state funds.  The grant recipient must actively participate in the Agricultural Utilization Research Institute's Renewable Energy Roundtable and no later than February 1, 2009, must report to the house and senate committees with jurisdiction over agriculture finance.  This is a onetime appropriation and is available until spent.

 

$300,000 the first year is for a grant to the Bois Forte Band of Chippewa for a feasibility study of a renewable energy biofuels demonstration facility on the Bois Forte Reservation in St. Louis and Koochiching Counties.  The grant shall be used by the Bois Forte Band to conduct a detailed feasibility study of the economic and technical viability of developing a multistream renewable energy biofuels demonstration facility on Bois Forte Reservation land to utilize existing forest resources, woody biomass, and cellulosic material to produce biofuels or bioenergy.  The grant recipient must actively participate in the Agricultural Utilization Research Institute's Renewable Energy Roundtable and no later than February 1, 2009, must report to the house and senate committees with jurisdiction over agriculture finance.  This is a onetime appropriation and is available until spent.

 

$300,000 the first year is for a grant to the White Earth Band of Chippewa for a feasibility study of a renewable energy biofuels production, research, and production facility on the White Earth Reservation in Mahnomen County.  The grant must be used by the White Earth Band and the University of Minnesota to conduct a detailed feasibility study of the economic and technical viability of (1) developing a multistream renewable energy biofuels demonstration facility on White Earth Reservation land to utilize existing forest resources, woody biomass, and cellulosic material to produce biofuels or bioenergy, and (2) developing, harvesting, and marketing native prairie plants and seeds for bioenergy production.  The grant recipient must actively participate in the Agricultural Utilization Research Institute's Renewable Energy Roundtable and no later than February 1, 2009, must report to the house and senate committees with jurisdiction over agriculture finance.  This is a onetime appropriation and is available until spent.

 

$200,000 the first year is for a grant to the Elk River Economic Development Authority for upfront engineering and a feasibility study of the Elk River renewable fuels facility.  The facility must use a plasma gasification process to convert primarily cellulosic material, but may also use plastics and other components from municipal solid waste, as feedstock for the production of methanol for use in biodiesel production facilities.  Any unencumbered balance in fiscal year 2008 does not cancel but is available for fiscal year 2009.  Notwithstanding Minnesota Statutes, section


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16A.285, the agency must not transfer this appropriation.  The grant recipient must actively participate in the Agricultural Utilization Research Institute's Renewable Energy Roundtable and no later than February 1, 2009, must report to the house and senate committees with jurisdiction over agriculture finance.  This is a onetime appropriation and is available until spent.

 

$200,000 the first year is for a grant to Chisago County to conduct a detailed feasibility study of the economic and technical viability of developing a multistream renewable energy biofuels demonstration facility in Chisago, Isanti, or Pine County to utilize existing forest resources, woody biomass, and cellulosic material to produce biofuels or bioenergy.  Chisago County may expend funds to Isanti and Pine Counties and the University of Minnesota for any costs incurred as part of the study.  The feasibility study must consider the capacity of:  (1) the seed bank at Wild River State Park to expand the existing prairie grass, woody biomass, and cellulosic material resources in Chisago, Isanti, and Pine Counties; (2) willing and interested landowners in Chisago, Isanti, and Pine Counties to grow cellulosic materials; and (3) the Minnesota Conservation Corps, the sentence to serve program, and other existing workforce programs in east central Minnesota to contribute labor to these efforts.  The grant recipient must actively participate in the Agricultural Utilization Research Institute's Renewable Energy Roundtable and no later than February 1, 2009, must report to the house and senate committees with jurisdiction over agriculture finance.  This is a onetime appropriation and is available until spent.

 

      Sec. 7.  Laws 2007, chapter 45, article 1, section 3, subdivision 5, as amended by Laws 2008, chapter 297, article 1, section 65, is amended to read:

 

      Subd. 5.  Administration and Financial Assistance                                                   7,338,000                      6,751,000

 

$1,005,000 the first year and $1,005,000 the second year are for continuation of the dairy development and profitability enhancement and dairy business planning grant programs established under Laws 1997, chapter 216, section 7, subdivision 2, and Laws 2001, First Special Session chapter 2, section 9, subdivision 2 .  The commissioner may allocate the available sums among permissible activities, including efforts to improve the quality of milk produced in the state in the proportions that the commissioner deems most beneficial to Minnesota's dairy farmers.  The commissioner must submit a work plan detailing plans for expenditures under this program to the chairs of the house and senate committees dealing with agricultural policy and budget on or before the start of each fiscal year.  If significant changes are made to the plans in the course of the year, the commissioner must notify the chairs.


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$50,000 the first year and $50,000 the second year are for the Northern Crops Institute.  These appropriations may be spent to purchase equipment.

 

$19,000 the first year and $19,000 the second year are for a grant to the Minnesota Livestock Breeders Association.

 

$250,000 the first year and $250,000 the second year are for grants to the Minnesota Agricultural Education Leadership Council for programs of the council under Minnesota Statutes, chapter 41D.

 

$600,000 the first year is for grants for fertilizer research as awarded by the Minnesota Agricultural Fertilizer Research and Education Council under Minnesota Statutes, section 18C.71.  The amount available to the commissioner pursuant to Minnesota Statutes, section 18C.70, subdivision 2, for administration of this activity is available until February 1, 2009, by which time the commissioner shall report to the house and senate committees with jurisdiction over agriculture finance.  The report must include the progress and outcome of funded projects as well as the sentiment of the council concerning the need for additional research funded through an industry checkoff fee.  The amount available for grants is available until June 30, 2011.

 

$465,000 the first year and $465,000 the second year are for payments to county and district agricultural societies and associations under Minnesota Statutes, section 38.02, subdivision 1.  Aid payments to county and district agricultural societies and associations shall be disbursed not later than July 15 of each year.  These payments are the amount of aid owed by the state for an annual fair held in the previous calendar year.

 

$65,000 the first year and $65,000 the second year are for annual grants to the Minnesota Turf Seed Council for basic and applied research on the improved production of forage and turf seed related to new and improved varieties.  The grant recipient may subcontract with a qualified third party for some or all of the basic and applied research.

 

$500,000 the first year and $500,000 the second year are for grants to Second Harvest Heartland on behalf of Minnesota's six Second Harvest food banks for the purchase of milk for distribution to Minnesota's food shelves and other charitable organizations that are eligible to receive food from the food banks.  Milk purchased under the grants must be acquired from Minnesota milk processors and based on low-cost bids.  The milk must be allocated to each Second Harvest food bank serving Minnesota according to the formula used in the distribution of United States Department of Agriculture commodities under The Emergency Food Assistance Program (TEFAP).  Second Harvest Heartland must submit quarterly reports to the commissioner on forms prescribed by the


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commissioner.  The reports must include, but are not limited to, information on the expenditure of funds, the amount of milk purchased, and the organizations to which the milk was distributed.  Second Harvest Heartland may enter into contracts or agreements with food banks for shared funding or reimbursement of the direct purchase of milk.  Each food bank receiving money from this appropriation may use up to two percent of the grant for administrative expenses.

 

$100,000 the first year and $100,000 the second year are for transfer to the Board of Trustees of the Minnesota State Colleges and Universities for mental health counseling support to farm families and business operators through farm business management programs at Central Lakes College and Ridgewater College.

 

$18,000 the first year and $18,000 the second year are for grants to the Minnesota Horticultural Society.

 

$50,000 is for a grant to the University of Minnesota, Department of Horticultural Science, Enology Laboratory, to upgrade and purchase instrumentation to allow rapid and accurate measurement of enology components.  This is a onetime appropriation and is available until expended.

 

      Sec. 8.  Laws 2009, chapter 94, article 1, section 3, subdivision 5, is amended to read:

 

      Subd. 5.  Administration and Financial Assistance                                                   8,177,000                      7,037,000

 

                                        Appropriations by Fund

 

                                                      2010                                      2011

 

General                                7,377,000                             6,237,000

 

Agricultural                            800,000                                 800,000

 

$780,000 the first year and $755,000 the second year are for continuation of the dairy development and profitability enhancement and dairy business planning grant programs established under Laws 1997, chapter 216, section 7, subdivision 2, and Laws 2001, First Special Session chapter 2, section 9, subdivision 2.  The commissioner may allocate the available sums among permissible activities, including efforts to improve the quality of milk produced in the state in the proportions that the commissioner deems most beneficial to Minnesota's dairy farmers.  The commissioner must submit a work plan detailing plans for expenditures under this program to the chairs of the house of representatives and senate committees dealing with agricultural policy and budget on or before the start of each fiscal year.  If significant changes are made to the plans in the course of the year, the commissioner must notify the chairs.


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$50,000 the first year and $50,000 the second year are for the Northern Crops Institute.  These appropriations may be spent to purchase equipment.

 

$19,000 the first year and $19,000 the second year are for a grant to the Minnesota Livestock Breeders Association.

 

$250,000 the first year and $250,000 the second year are for grants to the Minnesota Agricultural Education and Leadership Council for programs of the council under Minnesota Statutes, chapter 41D.

 

$474,000 the first year and $474,000 the second year are for payments to county and district agricultural societies and associations under Minnesota Statutes, section 38.02, subdivision 1.  Aid payments to county and district agricultural societies and associations shall be disbursed no later than July 15 of each year.  These payments are the amount of aid from the state for an annual fair held in the previous calendar year.

 

$1,000 the first year and $1,000 the second year are for grants to the Minnesota State Poultry Association.

 

$65,000 the first year and $65,000 the second year are for annual grants to the Minnesota Turf Seed Council for basic and applied research on the improved production of forage and turf seed related to new and improved varieties.  The grant recipient may subcontract with a qualified third party for some or all of the basic and applied research.

 

$50,000 the first year and $50,000 the second year are for annual grants to the Minnesota Turf Seed Council for basic and applied agronomic research on native plants, including plant breeding, nutrient management, pest management, disease management, yield, and viability.  The grant recipient may subcontract with a qualified third party for some or all of the basic or applied research.  The grant recipient must actively participate in the Agricultural Utilization Research Institute's Renewable Energy Roundtable and no later than February 1, 2011, must report to the house of representatives and senate committees with jurisdiction over agriculture finance.

 

$500,000 the first year and $500,000 the second year are for grants to Second Harvest Heartland on behalf of Minnesota's six Second Harvest food banks for the purchase of milk for distribution to Minnesota's food shelves and other charitable organizations that are eligible to receive food from the food banks.  Milk purchased under the grants must be acquired from Minnesota milk processors and based on low-cost bids.  The milk must be allocated to each Second Harvest food bank serving Minnesota according to the formula used in the distribution of United States Department of


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Agriculture commodities under The Emergency Food Assistance Program (TEFAP).  Second Harvest Heartland must submit quarterly reports to the commissioner on forms prescribed by the commissioner.  The reports must include, but are not limited to, information on the expenditure of funds, the amount of milk purchased, and the organizations to which the milk was distributed.  Second Harvest Heartland may enter into contracts or agreements with food banks for shared funding or reimbursement of the direct purchase of milk.  Each food bank receiving money from this appropriation may use up to two percent of the grant for administrative expenses.

 

$1,000,000 the first year is for the agricultural growth, research, and innovation program in Minnesota Statutes, section 41A.12.  Priority must be given to livestock programs under Minnesota Statutes, section 17.118.  Priority for livestock grants shall be given to persons who are beginning livestock producers and livestock producers who are rebuilding after a disaster that was due to natural or other unintended conditions.  The commissioner may use up to 4.5 percent of this appropriation for costs incurred to administer the program.  Any unencumbered balance does not cancel at the end of the first year and is available in the second year.

 

$100,000 the first year and $100,000 the second year are for transfer to the Board of Trustees of the Minnesota State Colleges and Universities for mental health counseling support to farm families and business operators through farm business management programs at Central Lakes College and Ridgewater College.

 

$18,000 the first year and $18,000 the second year are for grants to the Minnesota Horticultural Society.

 

Notwithstanding Minnesota Statutes, section 18C.131, $800,000 the first year and $800,000 the second year are from the fertilizer account in the agricultural fund for grants for fertilizer research as awarded by the Minnesota Agricultural Fertilizer Research and Education Council under Minnesota Statutes, section 18C.71.  The amount appropriated in either fiscal year must not exceed 57 percent of the inspection fee revenue collected under Minnesota Statutes, section 18C.425, subdivision 6, during the previous fiscal year.  No later than February 1, 2011, the commissioner shall report to the legislative committees with jurisdiction over agriculture finance.  The report must include the progress and outcome of funded projects as well as the sentiment of the council concerning the need for additional research funds.  The appropriation for the first year is available until June 30, 2013, and the appropriation for the second year is available until June 30, 2014.


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$60,000 the first year is for a transfer to the University of Minnesota Extension Service for farm-to-school grants to school districts in Minneapolis, Moorhead, White Earth, and Willmar.

 

$30,000 is for star farms program development.  The commissioner, in consultation with other state and local agencies, farm groups, conservation groups, legislators, and other interested persons, shall develop a proposal for a star farms program.  By January 15, 2010, the commissioner shall submit the proposal to the legislative committees and divisions with jurisdiction over agriculture and environmental policy and finance.  This is a onetime appropriation.  * (The preceding paragraph beginning "$30,000 is for star farms program" was indicated as vetoed by the governor.)

 

$25,000 the first year is for the administration of the Feeding Minnesota Task Force, under new Minnesota Statutes, section 31.97.  This is a onetime appropriation.

 

ARTICLE 6

 

VETERANS AFFAIRS

 

      Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are added to, or if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 94, article 3, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2010" and "2011" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.  Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

      Sec. 2.  VETERANS AFFAIRS                                                                                                   $-0-                       $250,000

 

$250,000 in fiscal year 2011 is for a grant to the Military Assistance Council for Veterans to provide assistance throughout Minnesota to veterans and their families who are homeless or in danger of homelessness, including housing, utility, employment, and legal assistance, according to guidelines established by the commissioner.  In order to avoid duplication of services, the commissioner must ensure that this assistance will be coordinated with all other available programs for veterans.  This is a onetime appropriation.


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Of the appropriation in Laws 2009, chapter 94, article 3, section 2, subdivision 2:

 

(1) $100,000 in fiscal year 2011 is for compensation for honor guards at the funerals of veterans in accordance with the program established in Minnesota Statutes, section 197.231; and

 

(2) $200,000 in fiscal year 2010 and $200,000 in fiscal year 2011 are from the Support our Troops account for an increase in the CORE grant program.

 

      Sec. 3.  VETERANS HOMES

 

Of the appropriation in Laws 2009, chapter 94, article 3, section 2, subdivision 3, or from funds carried forward from fiscal year 2009:

 

(1) $1,000,000 in fiscal year 2011 is for operational expenses related to the 21-bed addition at the Fergus Falls Veterans Home; and

 

(2) $113,000 in fiscal year 2011 is for start-up expenses related to the opening of an adult daycare facility at the Minneapolis Veterans Home.

 

      Sec. 4.  REPORT TO THE LEGISLATURE

 

By January 15, 2011, the commissioner shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over veterans affairs policy and finance regarding any unexpended appropriations, revenues, or other actual or projected carryover money provided directly or indirectly through any provision in this article.

 

Sec. 5.  Minnesota Statutes 2009 Supplement, section 190.19, subdivision 2a, is amended to read:

 

Subd. 2a.  Uses; veterans.  Money appropriated to the Department of Veterans Affairs from the Minnesota "Support Our Troops" account may be used for:

 

(1) grants to veterans service organizations;

 

(2) outreach to underserved veterans; and

 

(3) providing services and programs for veterans and their families; and

 

(4) transfers to the vehicle services account for Gold Star license plates under section 168.1253.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 6.  Minnesota Statutes 2009 Supplement, section 198.003, subdivision 4a, is amended to read:

 

Subd. 4a.  Federal funding.  The commissioner is authorized to may apply for and, accept, and spend federal funding for purposes of this section.


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Sec. 7.  Laws 2009, chapter 94, article 3, section 2, subdivision 3, is amended to read:

 

      Subd. 3.  Veterans Homes                                                                                              43,673,000                   43,916,000

 

Veterans Homes Special Revenue Account.  The general fund appropriations made to the department may be transferred to a veterans homes special revenue account in the special revenue fund in the same manner as other receipts are deposited according to Minnesota Statutes, section 198.34, and are appropriated to the department for the operation of veterans homes facilities and programs.

 

Repair and Betterment.  Of this appropriation, $1,000,000 in fiscal year 2010 and $500,000 in fiscal year 2011 are to be used for repair, maintenance, rehabilitation, and betterment activities at facilities statewide.

 

Hastings Veterans Home.  $220,000 each year is for increases in the mental health program at the Hastings Veterans Home.

 

Food.  $92,000 in fiscal year 2010 and $189,000 in fiscal year 2011 are for increases in food costs at the Minnesota veterans homes.

 

Pharmaceuticals.  $287,000 in fiscal year 2010 and $617,000 in fiscal year 2011 are for increases in pharmaceutical costs.

 

Fuel and Utilities.  $277,000 in fiscal year 2010 and $593,000 in fiscal year 2011 are for increases in fuel and utility costs at the Minnesota veterans homes.

 

Medicare Part D.  $141,000 in fiscal year 2010 and $141,000 in fiscal year 2011 are for implementation of Minnesota Statutes, section 198.003, subdivision 7.

 

ARTICLE 7

 

ECONOMIC DEVELOPMENT

 

      Section 1.  SUMMARY OF APPROPRIATIONS.

 

The amounts shown in this section summarize direct appropriations, by fund, made in this article.

 

                                                                                                                       2010                               2011                              Total

 

General                                                                                           $(1,500,000)                 $(1,615,000)                 $(3,115,000)

 

Total                                                                                              $(1,500,000)                 $(1,615,000)                 $(3,115,000)


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Sec. 2.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 78, article 1, unless otherwise specified, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2010" and "2011" used in this article mean that the addition to or subtraction from the appropriation listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.  Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

          Sec. 3.  EMPLOYMENT AND ECONOMIC DEVELOPMENT

 

      Subdivision 1.  Total Appropriation                                                                         $(1,500,000)                 $(1,847,000)

 

The appropriation reductions for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Business and Community Development                                                                   -0-                      (690,000)

 

(a) $100,000 in 2011 is from the appropriation for a grant to BioBusiness Alliance of Minnesota.

 

(b) $15,000 in 2011 is from the appropriation for a grant to the Minnesota Inventors Congress.

 

(c) The general fund base for business and community development is $6,551,000 in fiscal year 2012 and $6,551,000 in fiscal year 2013.

 

      Subd. 3.  Workforce Development                                                                                              -0-                      (857,000)

 

(a) $400,000 in 2011 is from the appropriation for the Minnesota job skills partnership program under Minnesota Statutes, sections 116L.01 to 116L.17.

 

(b) $119,000 in 2011 is from the appropriation for State Services for the Blind activities.

 

(c) $67,000 in 2011 is from the appropriation for grants to Centers for Independent Living.

 

(d) $222,000 in 2011 is from the appropriation for extended employment services under Minnesota Statutes, section 268A.15.  Notwithstanding Minnesota Rules, parts 3300.2030 to 3300.2055, the commissioner may adjust contracts with eligible extended employment providers in order to achieve required reductions


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through June 30, 2011.  The general fund base for extended employment services is $5,405,000 in fiscal year 2012 and $5,405,000 in fiscal year 2013.

 

(e) $49,000 in 2011 is from the appropriation for grants to programs that provide employment support services to persons with mental illness under Minnesota Statutes, sections 268A.13 and 268A.14. $2,000 in each year is from the appropriation for administrative expenses.

 

(f) The general fund base for workforce development is $29,181,000 in fiscal year 2012 and $29,181,000 in fiscal year 2013.

 

      Subd. 4.  State-Funded Administration                                                                                     -0-                      (300,000)

 

The general fund base for state-funded administration is $2,126,000 in fiscal year 2012 and $2,126,000 in fiscal year 2013.

 

      Subd. 5.  Carryforward                                                                                                 (1,500,000)                                   -0-

 

The carryforward reduction is for the job skills partnership program.

 

      Subd. 6.  Transfers and Cancellations

 

(a) $367,000 in 2010 and $367,000 in 2011 are transferred from the contaminated cleanup grants appropriation in the petroleum tank release cleanup fund under Minnesota Statutes, section 115C.08, subdivision 4, to the general fund.

 

(b) $80,000 in 2010 is transferred from the unemployment insurance state administration account in the special revenue fund under Minnesota Statutes, section 268.196, subdivision 1, to the general fund.

 

(c) $160,000 in 2010 is transferred from the capital access program account in the special revenue fund under Minnesota Statutes, section 116J.876, subdivision 4, to the general fund.

 

(d) The remaining balance from the Laws 2007, chapter 135, article 1, section 3, appropriation for a grant to Le Sueur County is canceled.

 

      Sec. 4.  DEPARTMENT OF LABOR AND INDUSTRY; TRANSFERS                                                                                                      $-0-                     $-0-

 

(a) By June 30, 2010, the commissioner of management and budget shall transfer $700,000 from the contractor recovery account in the special revenue fund to the general fund.


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(b) By June 30, 2010, the commissioner of management and budget shall transfer $725,000 from the assigned risk safety account in the worker's compensation fund to the general fund.

 

      Sec. 5.  BUREAU OF MEDIATION SERVICES                                                                   $-0-                      $(53,000)

 

(a) $47,000 in 2011 is from the appropriation for mediation services.

 

(b) $6,000 in 2011 is from the appropriation for labor management cooperation grants.

 

      Sec. 6.  BOARD OF ACCOUNTANCY                                                                                    $-0-                                 $-0-

 

      Sec. 7.  BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN                       $-0-                                           $-0-

 

      Sec. 8.  BOARD OF COSMETOLOGIST EXAMINERS $-0-                                 $225,000

 

      Sec. 9.  BOARD OF BARBER EXAMINERS                                                                        $-0-                         $60,000

 

      Sec. 10.  COMBATIVE SPORTS COMMISSION                                                                $-0-                                 $-0-

 

      Sec. 11.  Laws 2009, chapter 78, article 1, section 3, subdivision 2, is amended to read:

 

      Subd. 2.  Business and Community Development                                                      8,980,000                      8,980,000

 

                                        Appropriations by Fund

 

General                                7,941,000                             7,941,000

 

Remediation                          700,000                                 700,000

 

Workforce Development    339,000                                 339,000

 

(a) $700,000 the first year and $700,000 the second year are from the remediation fund for contaminated site cleanup and development grants under Minnesota Statutes, section 116J.554.  This appropriation is available until expended.

 

(b) $200,000 each year is from the general fund for a grant to WomenVenture for women's business development programs and for programs that encourage and assist women to enter nontraditional careers in the trades; manual and technical occupations; science, technology, engineering, and mathematics-related occupations; and green jobs.  This appropriation may be matched dollar for dollar with any resources available from the federal government for these purposes with priority given to initiatives that have a goal of increasing by at least ten percent the number of women in occupations where women currently comprise less than 25 percent of the workforce.  The appropriation is available until expended.


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(c) $105,000 each year is from the general fund and $50,000 each year is from the workforce development fund for a grant to the Metropolitan Economic Development Association for continuing minority business development programs in the metropolitan area.  This appropriation must be used for the sole purpose of providing free or reduced fee business consulting services to minority entrepreneurs and contractors.

 

(d)(1) $500,000 each year is from the general fund for a grant to BioBusiness Alliance of Minnesota for bioscience business development programs to promote and position the state as a global leader in bioscience business activities.  This appropriation is added to the department's base.  These funds may be used to create, recruit, retain, and expand biobusiness activity in Minnesota; implement the destination 2025 statewide plan; update a statewide assessment of the bioscience industry and the competitive position of Minnesota-based bioscience businesses relative to other states and other nations; and develop and implement business and scenario-planning models to create, recruit, retain, and expand biobusiness activity in Minnesota.

 

(2) The BioBusiness Alliance must report each year by February 15 to the committees of the house of representatives and the senate having jurisdiction over bioscience industry activity in Minnesota on the use of funds; the number of bioscience businesses and jobs created, recruited, retained, or expanded in the state since the last reporting period; the competitive position of the biobusiness industry; and utilization rates and results of the business and scenario-planning models and outcomes resulting from utilization of the business and scenario-planning models.

 

(e)(1) Of the money available in the Minnesota Investment Fund, Minnesota Statutes, section 116J.8731, to the commissioner of the Department of Employment and Economic Development, up to $3,000,000 is appropriated in fiscal year 2010 for a loan to an aircraft manufacturing and assembly company, associated with the aerospace industry, for equipment utilized to establish an aircraft completion center at the Minneapolis-St. Paul International Airport.  The finishing center must use the state's vocational training programs designed specifically for aircraft maintenance training, and to the extent possible, work to recruit employees from these programs.  The center must create at least 200 new manufacturing jobs within 24 months of receiving the loan, and create not less than 500 new manufacturing jobs over a five-year period in Minnesota.

 

(2) This loan is not subject to loan limitations under Minnesota Statutes, section 116J.8731, subdivision 5.  Any match requirements under Minnesota Statutes, section 116J.8731, subdivision 3, may be made from current resources.  This is a onetime appropriation and is effective the day following final enactment.


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(f) $65,000 each year is from the general fund for a grant to the Minnesota Inventors Congress, of which at least $6,500 must be used for youth inventors.

 

(g) $200,000 the first year and $200,000 the second year are for the Office of Science and Technology.  This is a onetime appropriation.

 

(h) $500,000 the first year and $500,000 the second year are for a grant to Enterprise Minnesota, Inc., for the small business growth acceleration program under Minnesota Statutes, section 116O.115.  This is a onetime appropriation and is available until expended.

 

(i)(1) $100,000 each year is from the workforce development fund for a grant under Minnesota Statutes, section 116J.421, to the Rural Policy and Development Center at St. Peter, Minnesota.  The grant shall be used for research and policy analysis on emerging economic and social issues in rural Minnesota, to serve as a policy resource center for rural Minnesota communities, to encourage collaboration across higher education institutions, to provide interdisciplinary team approaches to research and problem-solving in rural communities, and to administer overall operations of the center.

 

(2) The grant shall be provided upon the condition that each state-appropriated dollar be matched with a nonstate dollar.  Acceptable matching funds are nonstate contributions that the center has received and have not been used to match previous state grants.  Any funds not spent the first year are available the second year.

 

(j) Notwithstanding Minnesota Statutes, section 268.18, subdivision 2, $414,000 of funds collected for unemployment insurance administration under this subdivision is appropriated as follows:  $250,000 to Lake County for ice storm damage; $64,000 is for the city of Green Isle for reimbursement of fire relief efforts and other expenses incurred as a result of the fire in the city of Green Isle; and $100,000 is to develop the construction mitigation pilot program to make grants for up to five projects statewide available to local government units to mitigate the impacts of transportation construction on local small business.  These are onetime appropriations and are available until expended.

 

(k) Up to $10,000,000 is appropriated from the Minnesota minerals 21st century fund to the commissioner of Iron Range resources and rehabilitation to make a grant grants or forgivable loan loans to a manufacturer manufacturers of windmill blades, other renewable energy manufacturing, or biomass products at a facility facilities to be located within the taconite tax relief area defined in Minnesota Statutes, section 273.134.  No match is required for the renewable energy manufacturing or biomass projects.


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(l) $1,000,000 is appropriated from the Minnesota minerals 21st century fund to the Board of Trustees of the Minnesota State Colleges and Universities for a grant to the Northeast Higher Education District for planning, design, and construction of classrooms and housing facilities for upper division students in the engineering program.

 

(m)(1) $189,000 each year is appropriated from the workforce development fund for grants of $63,000 to eligible organizations each year to assist in the development of entrepreneurs and small businesses.  Each state grant dollar must be matched with $1 of nonstate funds.  Any balance in the first year does not cancel but is available in the second year.

 

(2) Three grants must be awarded to continue or to develop a program.  One grant must be awarded to the Riverbend Center for Entrepreneurial Facilitation in Blue Earth County, and two to other organizations serving Faribault and Martin Counties.  Grant recipients must report to the commissioner by February 1 of each year that the organization receives a grant with the number of customers served; the number of businesses started, stabilized, or expanded; the number of jobs created and retained; and business success rates.  The commissioner must report to the house of representatives and senate committees with jurisdiction over economic development finance on the effectiveness of these programs for assisting in the development of entrepreneurs and small businesses.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 12.  APPROPRIATIONS MADE ONLY ONCE.

 

If the appropriations made in this article are enacted more than once in the 2010 regular session, these appropriations must be given effect only once.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

ARTICLE 8

 

HOUSING

 

      Section 1.  SUMMARY OF APPROPRIATIONS.

 

      The amounts shown in this section summarize direct appropriations, by fund, made in this article.

 

                                                                                                                       2010                               2011                              Total

 

General                                                                                           $(2,297,000)                 $(2,603,000)                 $(4,900,000)

 

Total                                                                                              $(2,297,000)                 $(2,603,000)                 $(4,900,000)


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      Sec. 2.  APPROPRIATIONS.

 

      The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 78, article 1, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2010" and "2011" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.  Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

      Sec. 3.  HOUSING FINANCE AGENCY

 

      Subdivision 1.  Total Appropriation                                                                         $(2,297,000)                 $(2,603,000)

 

The amounts that may be spent or must be reduced for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Affordable Rental Investment Fund                                                         (2,061,000)                   (1,603,000)

 

These reductions are from the appropriation for the affordable rental investment fund program under Minnesota Statutes, section 462A.21, subdivision 8b.

 

In fiscal year 2010, the Housing Finance Agency shall transfer $2,061,000 from the affordable rental investment fund program in the housing development fund, to the general fund.

 

The base appropriation for the affordable rental investment fund program for fiscal years 2012 and 2013 is $7,546,000 for each year.

 

      Subd. 3.  Housing Rehabilitation                                                                                    (236,000)                   (1,000,000)

 

These reductions are from the appropriation for the housing rehabilitation program under Minnesota Statutes, section 462A.05, subdivision 14, for rental housing developments.

 

In fiscal year 2010, the Housing Finance Agency shall transfer $236,000 from the housing rehabilitation program in the housing development fund, to the general fund.

 

The base appropriation for the housing rehabilitation program for fiscal years 2012 and 2013 is $3,287,000 for each year.


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ARTICLE 9

 

PFA AND TOURISM

 

      Section 1.  SUMMARY OF APPROPRIATIONS.

 

      The amounts shown in this section summarize direct appropriations, by fund, made in this article.

 

                                                                                                                       2010                               2011                              Total

 

General                                                                                             $(909,000)                 $(1,248,000)                 $(2,157,000)

 

      Sec. 2.  APPROPRIATIONS.

 

      The dollar amounts in the columns under "Appropriations" are added to, or, if shown in parentheses, subtracted from appropriations enacted in the 2009 regular legislative session.  The appropriations and reductions in appropriations are from the general fund, or another named fund, and are for the fiscal years indicated for each purpose.  The figures "2010" and "2011" mean that the appropriations or reductions in appropriations listed under them are for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and 2011.  Appropriations and reductions in appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

      Sec. 3.  PUBLIC FACILITIES AUTHORITY                                                            $(11,000)                         $(7,000)

 

      Sec. 4.  EXPLORE MINNESOTA TOURISM                                                          $(311,000)                    $(313,000)

 

(a) $251,000 the first year and $300,000 the second year are reductions to Explore Minnesota Tourism.  Of the reduction in the first year, $13,000 is a reduction in the carryforward from fiscal year 2009.

 

(b) $2,000 the first year and $2,000 the second year are reductions to the incentive grants program.

 

(c) $11,000 the first year and $11,000 the second year are reductions to the Minnesota Film and TV Board.

 

(d) $47,000 the first year is a reduction to the grant to the Minnesota Film and TV Board for the film jobs production program under Minnesota Statutes, section 116U.26.

 

      Sec. 5.  MINNESOTA HISTORICAL SOCIETY                                                     $(238,000)                    $(554,000)

 

(a) Education and Outreach

 

$136,000 the first year and $314,000 the second year are reductions to education and outreach.


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(b) Preservation and Access

 

$102,000 the first year and $236,000 the second year are reductions to the preservation and access program.

 

(c) Minnesota International Center

 

$1,000 the second year is a reduction to the Minnesota International Center.

 

(d) Minnesota Agricultural Interpretive Center

 

$2,000 the second year is a reduction to the Minnesota Agricultural Interpretive Center.

 

(e) Hockey Hall of Fame Museum

 

$1,000 the second year is a reduction to the Hockey Hall of Fame Museum.

 

      Sec. 6.  BOARD OF THE ARTS                                                                                   $(284,000)                    $(284,000)

 

(a) Operations and Services

 

$21,000 the first year and $21,000 the second year are reductions to operations and services.

 

(b) Grants Program

 

$182,000 the first year and $182,000 the second year are reductions to the grants program.

 

(c) Regional Arts Council

 

$81,000 the first year and $81,000 the second year are reductions to the Regional Arts Council.

 

      Sec. 7.  MINNESOTA HUMANITIES CENTER                                                                   $-0-                         $(7,000)

 

      Sec. 8.  PUBLIC BROADCASTING                                                                              $(65,000)                      $(83,000)

 

(a) $38,000 the first year and $48,000 the second year are reductions to matching grants for public television.

 

(b) $7,000 the first year and $10,000 the second year are reductions to public television equipment grants.

 

(c) $1,000 the second year is a reduction to the grant to the Twin Cities regional cable channel.


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(d) $9,000 the first year and $9,000 the second year are reductions to the community service grants to public educational radio stations.

 

(e) $3,000 the first year and $3,000 the second year are reductions to the equipment grants to public educational radio stations.

 

(f) $8,000 the first year and $12,000 the second year are reductions to the equipment grants to Minnesota Public Radio, Inc.

 

Sec. 9.  Minnesota Statutes 2008, section 116U.25, is amended to read:

 

116U.25 EXPLORE MINNESOTA TOURISM COUNCIL. 

 

(a) The director shall be advised by the Explore Minnesota Tourism Council consisting of up to 28 voting members appointed by the governor for four-year terms, including:

 

(1) the director of Explore Minnesota Tourism who serves as the chair;

 

(2) eleven representatives of statewide associations representing bed and breakfast establishments, golf, festivals and events, counties, convention and visitor bureaus, lodging, resorts, trails, campgrounds, restaurants, and chambers of commerce;

 

(3) one representative from each of the four tourism marketing regions of the state as designated by the office;

 

(4) six representatives of the tourism business representing transportation, retail, travel agencies, tour operators, travel media, and convention facilities;

 

(5) one or more ex officio nonvoting members including at least one from the University of Minnesota Tourism Center;

 

(6) four legislators, two from each house, one each from the two largest political party caucuses in each house, appointed according to the rules of the respective houses; and

 

(7) other persons, if any, as designated from time to time by the governor.

 

(b) The council shall act to serve the broader interests of tourism in Minnesota by promoting activities that support, maintain, and expand the state's domestic and international travel market, thereby generating increased visitor expenditures, tax revenue, and employment.

 

(c) Filling of membership vacancies is as provided in section 15.059.  The terms of one-half of the members shall be coterminous with the governor and the terms of the remaining one-half of the members shall end on the first Monday in January one year after the terms of the other members.  Members may serve until their successors are appointed and qualify.  Members are not compensated.  A member may be reappointed.

 

(d) The council shall meet at least four times per year and at other times determined by the council.  Notwithstanding section 15.059, the council does not expire.

 

(e) If compliance with section 13D.02 is impractical, the Explore Minnesota Tourism Council may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:


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(1) all members of the council participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;

 

(2) members of the public present at the regular meeting location of the council can hear clearly all discussion and testimony and all votes of members of the council and, if needed, receive those services required by sections 15.44 and 15.441;

 

(3) at least one member of the council is physically present at the regular meeting location; and

 

(4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

 

(f) Each member of the council participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

 

(g) If telephone or other electronic means is used to conduct a meeting, the council, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location.  The council may require the person making such a connection to pay for documented marginal costs that the council incurs as a result of the additional connection.

 

(h) If telephone or other electronic means is used to conduct a regular, special, or emergency meeting, the council shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (g).  The timing and method of providing notice is governed by section 13D.04.

 

Sec. 10.  Minnesota Statutes 2008, section 116U.26, is amended to read:

 

116U.26 FILM PRODUCTION JOBS PROGRAM. 

 

(a) The film production jobs program is created.  The program shall be operated by the Minnesota Film and TV Board with administrative oversight and control by the director of Explore Minnesota Tourism.  The program shall make payment to producers of feature films, national television or Internet programs, documentaries, music videos, and commercials that directly create new film jobs in Minnesota.  To be eligible for a payment, a producer must submit documentation to the Minnesota Film and TV Board of expenditures for production costs incurred in Minnesota that are directly attributable to the production in Minnesota of a film product.

 

The Minnesota Film and TV Board shall make recommendations to the director of Explore Minnesota Tourism about program payment, but the director has the authority to make the final determination on payments.  The director's determination must be based on proper documentation of eligible production costs submitted for payments.  No more than five percent of the funds appropriated for the program in any year may be expended for administration.

 

(b) For the purposes of this section:

 

(1) "production costs" means the cost of the following:

 

(i) a story and scenario to be used for a film;

 

(ii) salaries of talent, management, and labor, including payments to personal services corporations for the services of a performing artist;

 

(iii) set construction and operations, wardrobe, accessories, and related services;


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(iv) photography, sound synchronization, lighting, and related services;

 

(v) editing and related services;

 

(vi) rental of facilities and equipment; or

 

(vii) other direct costs of producing the film in accordance with generally accepted entertainment industry practice; and

 

(2) "film" means a feature film, television or Internet show, documentary, music video, or television commercial, whether on film, video, or digital media.  Film does not include news, current events, public programming, or a program that includes weather or market reports; a talk show; a production with respect to a questionnaire or contest; a sports event or sports activity; a gala presentation or awards show; a finished production that solicits funds; or a production for which the production company is required under United States Code, title 18, section 2257, to maintain records with respect to a performer portrayed in a single-media or multimedia program.

 

(c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board may make reimbursements of:  (1) up to 20 percent of film production costs for films that locate production outside the metropolitan area, as defined in section 473.121, subdivision 2, or that incur production costs in excess of $5,000,000 in Minnesota the metropolitan area within a 12-month period; or (2) up to 15 percent of film production costs for films that incur production costs of $5,000,000 or less in the metropolitan area within a 12-month period.

 

ARTICLE 10

 

TRANSPORTATION

 

      Section 1.  SUMMARY OF APPROPRIATIONS.

 

      The amounts shown in this section summarize direct appropriations, or reductions in appropriations, by fund, made in this article.

 

                                                                                                                       2010                               2011                              Total

 

General                                                                                                             $0                 $(5,711,000)                 $(5,711,000)

 

Trunk Highway                                                                                                 0                 109,000,000                 109,000,000

 

Total                                                                                                                 $0               $103,289,000               $103,289,000

 

      Sec. 2.  APPROPRIATIONS. 

 

      The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 36, article 1, to the agencies and for the purposes specified in this article.  The appropriations and reductions are from the trunk highway fund or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2010" and "2011" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.  Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.


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                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

      Sec. 3.  DEPARTMENT OF TRANSPORTATION

 

      Subdivision 1.  Total Appropriation                                                                                           $0               $108,129,000

 

                                        Appropriations by Fund

 

                                                      2010                                      2011

 

General                                                0                              (871,000)

 

Trunk Highway                                 0                         109,000,000

 

The amounts that may be spent or must be reduced for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Multimodal Systems

 

(a) Transit                                                                                                                                                  0                      (821,000)

 

This reduction is from the appropriation from the general fund for transit assistance in Laws 2009, chapter 36, article 1, section 3, subdivision 2, paragraph (b).

 

The base appropriation from the general fund for fiscal years 2012 and 2013 is $16,608,000 for each year.

 

(b) Freight                                                                                                                                                  0                         (50,000)

 

This reduction is from the appropriation from the general fund for freight and commercial vehicle operations in Laws 2009, chapter 36, article 1, section 3, subdivision 2, paragraph (d).

 

The base appropriation from the general fund for fiscal years 2012 and 2013 is $315,000 for each year.

 

      Subd. 3.  State Roads                                                                                                                          

 

(a) State Road Construction                                                                                                                  0                 104,000,000

 

This appropriation is for state road construction, and is added to appropriations under Laws 2009, chapter 36, article 1, section 3, subdivision 3, paragraph (b), clause (2).  This additional appropriation is funded by additional federal highway aid of $104,000,000 above that specified in Laws 2009, chapter 36, article 1, section 3, subdivision 3, paragraph (b), clause (2).  This is a onetime appropriation.


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      (b) Federal Emergency Relief Account                                                                                       0                      5,000,000

 

This appropriation is for deposit in the trunk highway emergency relief account, as defined in Minnesota Statutes, section 161.04, subdivision 5, for the purposes of that account.  This is a onetime appropriation.

 

      Sec. 4.  METROPOLITAN COUNCIL                                                                                      $0                 $(4,840,000)

 

This reduction is from the appropriation from the general fund for bus system operations in Laws 2009, chapter 36, article 1, section 4, subdivision 2.

 

The base appropriation from the general fund for fiscal years 2012 and 2013 is $63,095,000 for each year.

 

Sec. 5.  Minnesota Statutes 2008, section 161.04, is amended by adding a subdivision to read:

 

Subd. 5.  Trunk highway emergency relief account.  (a) The trunk highway emergency relief account is created in the trunk highway fund.  Money in the account is appropriated to the commissioner to be used to fund relief activities related to an emergency, as defined in section 161.32, subdivision 3.

 

(b) Reimbursements by the Federal Highway Administration for emergency relief payments made from the trunk highway emergency relief account must be deposited into the account.  Interest accrued on the account must be deposited into the account.  Notwithstanding section 16A.28, money in the account is available until spent.  If the balance of the account at the end of the fiscal year is greater than $10,000,000, the amount above $10,000,000 must be transferred to the trunk highway fund.

 

(c) By September 1, 2012, and in every subsequent even-numbered year by September 1, the commissioner shall submit a report to the chairs and ranking minority members of the house of representatives and senate committees having jurisdiction over transportation policy and finance.  The report must include the balance, as well as details of payments made from and deposits made to the trunk highway emergency relief account since the last report.

 

Sec. 6.  Laws 2008, chapter 152, article 2, section 3, subdivision 2, is amended to read:

 

      Subd. 2.  State Road Construction                                                                                                                 1,717,694,000

 

(a) For the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts and consultant usage to support these activities.  This includes the cost of actual payments to landowners for lands acquired for highway rights-of-way, payments to lessees, interest subsidies, and relocation expenses.  This appropriation is in the following amounts:

 

(1) $417,694,000 in fiscal year 2009, and the commissioner may use up to $71,008,000 of this amount for program delivery;

 

(2) $500,000,000 in fiscal year 2010, and the commissioner may use up to $85,000,000 of this amount for program delivery; and


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(3) $200,000,000 in each fiscal year for fiscal years 2011 and 2012, and the commissioner may use up to $34,000,000 of the amount in each fiscal year for program delivery; and

 

(4) $100,000,000 in each fiscal year for fiscal years 2011 through 2018 2013 through 2016, and the commissioner may use up to $17,000,000 of the amount in each fiscal year for program delivery.

 

(b) Of the amount in fiscal year 2009, $40,000,000 is for construction of interchanges involving a trunk highway, where the interchange will promote economic development, increase employment, relieve growing traffic congestion, and promote traffic safety.  The amount under this paragraph must be allocated 50 percent to the department's metropolitan district, and 50 percent to districts in greater Minnesota.

 

(c) Of the amount in fiscal years 2009 and 2010, the commissioner shall use $300,000,000 each year for predesign, design, preliminary engineering, right-of-way acquisition, construction, reconstruction, and maintenance of bridges in the trunk highway bridge improvement program under Minnesota Statutes, section 165.14.

 

(d) Of the total appropriation under this subdivision, the commissioner shall use at least $50,000,000 for accelerating transit facility improvements on or adjacent to trunk highways.

 

(e) Of the total appropriation under this subdivision provided to the Department of Transportation's district 7, the commissioner shall first expend funds as necessary to accelerate all projects that (1) are on a trunk highway classified as a medium priority interregional corridor, (2) are included in the district's long-range transportation plan, but are not included in the state transportation improvement program or the ten-year highway work plan, and (3) expand capacity from a two-lane highway to a freeway or expressway, as defined in Minnesota Statutes, section 160.02, subdivision 19.  The commissioner shall establish as the highest priority under this paragraph any project that currently has a final environmental impact statement completed.  The requirement under this paragraph does not change the department's funding allocation process or the amount otherwise allocated to each transportation district.

 

(f) The appropriation in this subdivision cancels as specified under section 16A.642, except that the commissioner of management and budget shall count the start of authorization for issuance of state bonds as the first day of the fiscal year during which the bonds are to be issued, as specified under paragraph (a), clause (1), (2), (3), or (4), respectively, and not as the date of final enactment of this subdivision.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 7.  REPEALER.

 

Minnesota Statutes 2008, sections 13.721, subdivision 4; and 221.0355, subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 18, are repealed.

 

ARTICLE 11

 

PUBLIC SAFETY

 

      Section 1.  SUMMARY OF APPROPRIATIONS.

 

      The amounts shown in this section summarize direct appropriations, by fund, made in this article.

 

                                                                                                                       2010                               2011                              Total

 

General                                                                                           $(7,397,000)              $(15,279,000)              $(22,676,000)

 

Special Revenue                                                                                $(60,000)                       $879,000                       $819,000

 

Total                                                                                              $(7,457,000)              $(14,400,000)              $(21,857,000)

 

      Sec. 2.  APPROPRIATIONS.

 

      The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 83, article 1, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2010" and "2011" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.  Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

      Sec. 3.  SUPREME COURT                                                                                                              

 

      Subdivision 1.  Total Appropriation                                                                            $(455,000)                    $(889,000)

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Supreme Court Operations                                                                             (366,000)                      (604,000)

 

      Subd. 3.  Civil Legal Services                                                                                            (89,000)                      (285,000)

 

      Sec. 4.  COURT OF APPEALS                                                                                       $(57,000)                    $(253,000)

 

      Sec. 5.  TRIAL COURTS                                                                                             $(2,574,000)                 $(5,328,000)

 

Existing drug courts shall be maintained at their current levels.


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      Sec. 6.  TAX COURT                                                                                                         $(12,000)                      $(25,000)

 

      Sec. 7.  UNIFORM LAWS COMMISSION                                                                             $-0-                         $(2,000)

 

      Sec. 8.  BOARD ON JUDICIAL STANDARDS                                                           $(10,000)                      $(14,000)

 

      Sec. 9.  BOARD OF PUBLIC DEFENSE           $(325,000)                                 $(1,493,000)

 

      Sec. 10.  DEPARTMENT OF PUBLIC SAFETY

 

      Subdivision 1.  Total Appropriation                                                                            $(907,000)                    $(114,000)

 

                                        Appropriations by Fund

 

General                                (907,000)                           (1,114,000)

 

Special Revenue                             -0-                             1,000,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Emergency Management                                                                                   (29,000)                      1,543,000

 

$1,600,000 in fiscal year 2011 is to provide a match for Federal Emergency Management Agency (FEMA) disaster assistance payments under Minnesota Statutes, section 12.221.  This is a onetime appropriation.

 

      Subd. 3.  Criminal Apprehension                                                                                   (621,000)                   (1,243,000)

 

Forensic Scientists

 

The commissioner may not eliminate or leave open positions for forensic lab scientists in order to balance the department's budget.

 

      Subd. 4.  Fire Marshal                                                                                                                   -0-                      1,000,000

 

$1,000,000 is a onetime appropriation for fire safety purposes as recommended by the Fire Service Advisory Committee.

 

      Subd. 5.  Gambling and Alcohol Enforcement                                                              (25,000)                         (49,000)

 

      Subd. 6.  Office of Justice Programs                                                                            (232,000)                   (1,365,000)

 

Of the fiscal year 2011 reduction in this subdivision, funding for the following programs must not be reduced by more than two percent:  (1) battered women's shelters and domestic violence programs; (2) general crime victim programs; (3) sexual assault victim programs; and (4) youth intervention programs.  This two percent reduction is in addition to the three percent reduction in Laws 2009, chapter 83, article 1, section 10, subdivision 6.


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      Sec. 11.  PRIVATE DETECTIVE BOARD                                                                    $(2,000)                         $(3,000)

 

      Sec. 12.  HUMAN RIGHTS                                                                                              $(59,000)                    $(103,000)

 

      Sec. 13.  CORRECTIONS                                                                                                                 

 

      Subdivision 1.  Total Appropriation                                                                         $(2,985,000)                 $(6,037,000)

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Correctional Institutions                                                                              (2,139,000)                   (4,345,000)

 

This reduction may be applied agencywide.

 

The commissioner must not eliminate correctional officer positions, treatment, education, or reentry programs to achieve the mandated cost savings.

 

      Subd. 3.  Community Services                                                                                        (846,000)                   (1,692,000)

 

(a) Community Corrections

 

If the commissioner of corrections determines reductions should be made to the Community Corrections Act formula, Department of Corrections contract counties, or county probation officers, the legislative intent of this reduction is that counties should reduce administrative expenses and executive salaries before direct services, such as probation services, are reduced.

 

(b) Sentence to Service

 

The commissioner must fund the equivalent of 25 percent of county sentence to service programs.  The 25 percent must be calculated based on fiscal year 2010 sentence to service expenditures by counties.

 

      Subd. 4.  Transfers

 

Notwithstanding Minnesota Statutes, section 241.27, the commissioner shall transfer $574,000 by June 30, 2010, and $989,000 by June 30, 2011, from the Minnesota correctional industries revolving fund to the general fund.  These transfers are onetime.  These transfers are in addition to those in Laws 2009, chapter 83, article 1, section 14, subdivision 2, paragraph (g).

 

The commissioner shall transfer $201,000 by June 30, 2010, and $402,000 by June 30, 2011, from the special revenue fund to the general fund.  These transfers are onetime.


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      Sec. 14.  SENTENCING GUIDELINES                                                                        $(11,000)                      $(18,000)

 

Sec. 15.  Minnesota Statutes 2008, section 297I.06, subdivision 3, is amended to read:

 

Subd. 3.  Fire safety account, annual transfers, allocation.  A special account, to be known as the fire safety account, is created in the state treasury.  The account consists of the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in fiscal year 2009, $9,268,000 in fiscal year 2010, $6,368,000 in fiscal year 2011, and $2,268,000 $2,368,000 in each year thereafter is transferred from the fire safety account in the special revenue fund to the general fund to offset the loss of revenue caused by the repeal of the one-half of one percent tax on fire insurance premiums.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 16.  Minnesota Statutes 2008, section 403.11, subdivision 1, is amended to read:

 

Subdivision 1.  Emergency telecommunications Public safety service fee; account.  (a) Each customer of a wireless or wire-line switched or packet-based telecommunications service provider connected to the public switched telephone network that furnishes service capable of originating a 911 emergency telephone call is assessed a fee based upon the number of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing maintenance and related improvements for trunking and central office switching equipment for 911 emergency telecommunications service,; to offset pay administrative and staffing costs of the commissioner related to managing the 911 emergency telecommunications service program, including the salaries and benefits of department employees who support the program such as deputy commissioners, directors, and legislative liaisons; to make distributions provided for in section 403.113, and; to offset the costs, including administrative and staffing costs, incurred by the State Patrol Division of the Department of Public Safety in handling 911 emergency calls made from wireless phones; to fund law enforcement emergency response training reimbursement grants; to fund the collection, analysis, and maintenance of criminal evidence, records, and data; and for any other public safety purpose that relies upon, uses, or involves the efficient operation of the emergency telecommunications system in the state.

 

(b) Money remaining in the 911 emergency telecommunications service account after all other obligations are paid must not cancel and is carried forward to subsequent years and may be appropriated from time to time to the commissioner to provide financial assistance to counties for the improvement of local emergency telecommunications services.  The improvements may include providing access to 911 service for telecommunications service subscribers currently without access and upgrading existing 911 service to include automatic number identification, local location identification, automatic location identification, and other improvements specified in revised county 911 plans approved by the commissioner.

 

(c) The fee may not be less than eight cents nor more than 65 cents a month until June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for each customer access line or other basic access service, including trunk equivalents as designated by the Public Utilities Commission for access charge purposes and including wireless telecommunications services.  With the approval of the commissioner of management and budget, the commissioner of public safety shall establish the amount of the fee within the limits specified and inform the companies and carriers of the amount to be collected.  When the revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is no longer needed.  The commissioner shall provide companies and carriers a minimum of 45 days' notice of each fee change.  The fee must be the same for all customers.

 

(d) The fee must be collected by each wireless or wire-line telecommunications service provider subject to the fee.  Fees are payable to and must be submitted to the commissioner monthly before the 25th of each month following the month of collection, except that fees may be submitted quarterly if less than $250 a month is due, or


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annually if less than $25 a month is due.  Receipts must be deposited in the state treasury and credited to a 911 emergency telecommunications service account in the special revenue fund.  The money in the account may only be used for 911 telecommunications services.

 

(e) This subdivision does not apply to customers of interexchange carriers.

 

(f) The installation and recurring charges for integrating wireless 911 calls into enhanced 911 systems are eligible for payment by the commissioner if the 911 service provider is included in the statewide design plan and the charges are made pursuant to contract.

 

(g) Competitive local exchanges carriers holding certificates of authority from the Public Utilities Commission are eligible to receive payment for recurring 911 services.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 17.  Minnesota Statutes 2008, section 611A.32, subdivision 1, is amended to read:

 

Subdivision 1.  Grants awarded.  The commissioner shall award grants to programs which provide emergency shelter services to battered women and support services to battered women and domestic abuse victims and their children.  The commissioner shall also award grants for training, technical assistance, and for the development and implementation of education programs to increase public awareness of the causes of battering, the solutions to preventing and ending domestic violence, and the problems faced by battered women and domestic abuse victims.  Grants shall be awarded in a manner that ensures that they are equitably distributed to programs serving metropolitan and nonmetropolitan populations emergency shelter services and support services are available statewide.  By July 1, 1995, community-based domestic abuse advocacy and support services programs must be established in every judicial assignment district.

 

Sec. 18.  Minnesota Statutes 2008, section 611A.32, subdivision 2, is amended to read:

 

Subd. 2.  Applications.  Any public or private nonprofit agency may apply to the commissioner for a grant to provide emergency shelter services to battered women, support services to domestic abuse victims, or both, to battered women and their children.  The application shall be submitted in a form approved by the commissioner by rule adopted under chapter 14, after consultation with the advisory council, and shall include:

 

(1) a proposal for the provision of emergency shelter services for battered women, support services for domestic abuse victims, or both, for battered women and their children;

 

(2) a proposed budget;

 

(3) evidence of financial need, including documentation on the retention of financial reserves and availability of additional funding sources;

 

(3) (4) evidence of an ability to integrate into the proposed program the uniform method of data collection and program evaluation established under sections 611A.33 and 611A.34; 

 

(4) (5) evidence of an ability to represent the interests of battered women and domestic abuse victims and their children to local law enforcement agencies and courts, county welfare agencies, and local boards or departments of health;

 

(5) (6) evidence of an ability to do outreach to unserved and underserved populations and to provide culturally and linguistically appropriate services; and


Journal of the House - 74th Day - Monday, March 15, 2010 - Top of Page 8773

(6) (7) any other content the commissioner may require by rule adopted under chapter 14, after considering the recommendations of the advisory council.

 

Programs which have been approved for grants in prior years may submit materials which indicate changes in items listed in clauses (1) to (6) (7), in order to qualify for renewal funding.  Nothing in this subdivision may be construed to require programs to submit complete applications for each year of renewal funding.

 

Sec. 19.  Minnesota Statutes 2008, section 626.8458, subdivision 5, is amended to read:

 

Subd. 5.  In-service training in police pursuits required.  The chief law enforcement officer of every state and local law enforcement agency shall provide in-service training in emergency vehicle operations and in the conduct of police pursuits to every peace officer and part-time peace officer employed by the agency who the chief law enforcement officer determines may be involved in a police pursuit given the officer's responsibilities.  The training shall comply with learning objectives developed and approved by the board and shall consist of at least eight hours of classroom and skills-based training every three four years.

 

Sec. 20.  [631.426] SENTENCE TO SERVICE. 

 

Subdivision 1.  Programs.  A county or counties may establish and operate a sentence to service program to which judges, as an intermediate sanction pursuant to section 609.153, subdivision 1, may direct nondangerous offenders to work on community improvement projects under the close supervision of a crew leader.