KEY: stricken = removed, old language.underscored = new language to be added
sch2037a12
1.1Senator .................... moves to amend H.F. No. 2037, the unofficial engrossment,
1.2as follows:
1.3Delete everything after the enacting clause and insert:
1.7 The amounts shown in this section summarize general fund direct and open
1.8appropriations, and transfers into the general fund from other funds, made in this act, after
1.9forecast adjustments and after voiding certain allotment reductions.
1.26 Sec. 2. ALLOTMENT REDUCTIONS VOID.
1.27The allotment reductions made by the commissioner of management and budget
1.28from July 1, 2009, to the effective date of this section are void.
1.29EFFECTIVE DATE.This section is effective the day following final enactment.
1.32 Section 1. Minnesota Statutes 2008, section 127A.46, is amended to read:
1.33127A.46 CHANGE IN PAYMENT OF AIDS AND CREDITS.
1.34If the commissioner of management and budget determines that modifications in the
1.35payment schedule would reduce the need for state short-term borrowing, the commissioner
2.1shall may modify payments to districts according to this section. The modifications must
2.2begin no sooner than September 1 of each fiscal year, and must remain in effect until no
2.3later than May 30 of that same fiscal year. In calculating the payment to a district pursuant
2.4to section127A.45, subdivision 3 , the commissioner may subtract the sum specified in
2.5that subdivision, plus an additional amount no greater than the following:
2.6(1) the net cash balance in each of the district's operating funds on June 30 of the
2.7preceding fiscal year; minus
2.8(2) the product of$150 $700 times the number of resident pupil units in the
2.9preceding fiscal year; minus
2.10(3) the amount of payments made by the county treasurer during the preceding fiscal
2.11year, pursuant to section276.11 , which is considered revenue for the current school year.
2.12However, no additional amount shall be subtracted if the total of the net unappropriated
2.13fund balances in the district's four operating funds on June 30 of the preceding fiscal year,
2.14is less than the product of$350 $700 times the number of resident pupil units in the
2.15preceding fiscal year. The net cash balance must include all cash and investments, less
2.16certificates of indebtedness outstanding, and orders not paid for want of funds.
2.17A district may appeal the payment schedule established by this section according to
2.18the procedures established in section127A.45, subdivision 4 .
2.19 Sec. 2. Minnesota Statutes 2009 Supplement, section 137.025, subdivision 1, is
2.20amended to read:
2.21 Subdivision 1. Monthly payments. The commissioner of management and budget
2.22shall pay 1/12 of the annual appropriation to the University of Minnesotaon by the 21st
2.2325th day of each month. If the21st 25th day of the month falls on a Saturday or Sunday,
2.24the monthly payment must be madeon by the first business day immediately following
2.25the21st 25th day of the month.
2.26 Sec. 3. Minnesota Statutes 2008, section 276.112, is amended to read:
2.27276.112 STATE PROPERTY TAXES; COUNTY TREASURER.
2.28Onor before January 25 each year, for the period ending December 31 of the
2.29prior year, and on or before June 28 each year, for the period ending on the most recent
2.30settlement day determined in section
276.09, and on or before December 2 each year, for
2.31the period ending November 20 the estimated payment and settlement dates provided in
2.32this chapter for the settlement of taxes levied by school districts, the county treasurer must
2.33make full settlement with the county auditoraccording to sections
276.09,
276.10, and
2.34276.111275.025 , and must
3.1transmit those receipts to the commissioner of revenue by electronic means on the dates
3.2and according to the provisions applicable to distributions to school districts.
3.3EFFECTIVE DATE.This section is effective for distributions beginning October
3.41, 2010, and thereafter.
3.5 Sec. 4. Minnesota Statutes 2009 Supplement, section 289A.20, subdivision 4, is
3.6amended to read:
3.7 Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due and
3.8payable to the commissioner monthly on or before the 20th day of the month following
3.9the month in which the taxable event occurred, or following another reporting period
3.10as the commissioner prescribes or as allowed under section289A.18, subdivision 4 ,
3.11paragraph (f) or (g), except that:
3.12(1) use taxes due on an annual use tax return as provided under section289A.11,
3.13subdivision 1 , are payable by April 15 following the close of the calendar year.; and
3.14(2) except as provided in paragraph (f), for a vendor having a liability of $120,000
3.15or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes
3.16imposed by chapter 297A, except as provided in paragraph (b), are due and payable to the
3.17commissioner monthly in the following manner:
3.18(i) On or before the 14th day of the month following the month in which the taxable
3.19event occurred, the vendor must remit to the commissioner 90 percent of the estimated
3.20liability for the month in which the taxable event occurred.
3.21(ii) On or before the 20th day of the month following the month in which the taxable
3.22event occurred, the vendor must pay any additional amount of tax not remitted on or
3.23before the 14th day of the month following the month in which the taxable event occurred.
3.24 (b) Notwithstanding paragraph (a), a vendor having a liability of $120,000 or more
3.25during a fiscal year ending June 30 must remit the June liability for the next year in the
3.26following manner:
3.27 (1) Two business days before June 30 of the year, the vendor must remit 90 percent
3.28of the estimated June liability to the commissioner.
3.29 (2) On or before August 20 of the year, the vendor must pay any additional amount
3.30of tax not remitted in June.
3.31 (c) A vendor having a liability of:
3.32(1) $20,000 or more in the fiscal year ending June 30, 2005; or
3.33(2) (1) $10,000 or more in the, but less than $120,000 during a fiscal year ending
3.34June 30,2006 2009, and fiscal years thereafter, must remit by electronic means all
3.35liabilities on returns due for periods beginning in the subsequent calendar yearby
4.1electronic means on or before the 20th day of the month following the month in which the
4.2taxable event occurred, or on or before the 20th day of the month following the month in
4.3which the sale is reported under section289A.18, subdivision 4 , except for 90 percent of
4.4the estimated June liability, which is due two business days before June 30. The remaining
4.5amount of the June liability is due on August 20.
4.6(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years
4.7thereafter, must remit by electronic means all liabilities in the manner provided in
4.8paragraph (a), clause (2), on returns due for periods beginning in the subsequent calendar
4.9year, except for 90 percent of the estimated June liability, which is due two business days
4.10before June 30. The remaining amount of the June liability is due on August 20.
4.11(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's
4.12religious beliefs from paying electronically shall be allowed to remit the payment by mail.
4.13The filer must notify the commissioner of revenue of the intent to pay by mail before
4.14doing so on a form prescribed by the commissioner. No extra fee may be charged to a
4.15person making payment by mail under this paragraph. The payment must be postmarked
4.16at least two business days before the due date for making the payment in order to be
4.17considered paid on a timely basis.
4.18(e) Whenever the liability is $120,000 or more separately for (1) the tax imposed
4.19under chapter 297A, (2) a fee that is to be reported on the same return as and paid with the
4.20chapter 297A taxes, or (3) any other tax that is to be reported on the same return as and
4.21paid with the chapter 297A taxes, then the payment of all the liabilities on the return must
4.22be accelerated as provided in this subdivision.
4.23(f) At the start of the first calendar quarter at least 90 days after the cash flow
4.24account established in section 16A.152, subdivision 1, and the budget reserve account
4.25established in section 16A.152, subdivision 1a, reach the amounts listed in section
4.2616A.152, subdivision 2, paragraph (a), the remittance of estimated sales tax collections
4.27by the 14th day of a month required under paragraph (a), clause (2), shall be suspended.
4.28The commissioner of management and budget shall notify the commissioner of revenue
4.29when the accounts have reached the required amounts. Beginning with the suspension
4.30of paragraph (a), clause (2), for a vendor with a liability of $120,000 or more during a
4.31fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes imposed by chapter
4.32297A are due and payable to the commissioner on the 20th day of the month following the
4.33month in which the taxable event occurred. Payments of tax liabilities for taxable events
4.34occurring in June under paragraph (b) are not changed.
4.35EFFECTIVE DATE.This section is effective for taxes due and payable after
4.36September 1, 2010.
5.1 Sec. 5. Minnesota Statutes 2008, section 289A.60, is amended by adding a subdivision
5.2to read:
5.3 Subd. 31. Accelerated payment of monthly sales tax liability; penalty for
5.4underpayment. For payments made after September 1, 2010, if a vendor is required by
5.5section 289A.20, subdivision 4, to remit a 90 percent payment by the 14th of the month
5.6following the month in which the taxable event occurred, as an estimation of monthly
5.7sales tax liabilities, including the liability of any fee or other tax that is to be reported on
5.8the same return as and paid with the chapter 297A taxes, for the month in which the
5.9taxable event occurred, the vendor shall pay a penalty equal to ten percent of the amount of
5.10liability that was required to be paid by the 14th of the month less the amount remitted by
5.11the 14th of the month. The penalty must not be imposed, however, if the amount remitted
5.12by the 14th of the month equals the lesser of (1) 90 percent of the liability for the month
5.13preceding the month in which the taxable event occurred, (2) 90 percent of the liability
5.14of the same month in the previous calendar year as the month in which the taxable event
5.15occurred, or (3) 90 percent of the average monthly liability for the previous calendar year.
5.16EFFECTIVE DATE.This section is effective for taxes due and payable after
5.17September 1, 2010.
5.20 Section 1. Minnesota Statutes 2008, section 123B.75, is amended by adding a
5.21subdivision to read:
5.22 Subd. 1a. Definition. For the purpose of this section, "school district tax settlement
5.23revenue" means the current, delinquent, and manufactured home property tax receipts
5.24collected by the county and distributed to the school district.
5.25EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
5.26 Sec. 2. Minnesota Statutes 2008, section 123B.75, subdivision 5, is amended to read:
5.27 Subd. 5. Levy recognition. (a)"School district tax settlement revenue" means the
5.28current, delinquent, and manufactured home property tax receipts collected by the county
5.29and distributed to the school district.
5.30(b) For fiscal year 2004 and later years 2009 and 2010, in June of each year, the
5.31school district must recognize as revenue, in the fund for which the levy was made, the
5.32lesser of:
6.1(1) the sum of May, June, and July school district tax settlement revenue received in
6.2that calendar year, plus general education aid according to section126C.13, subdivision
6.34 , received in July and August of that calendar year; or
6.4(2) the sum of:
6.5(i) 31 percent of the referendum levy certified according to section126C.17 , in
6.6calendar year 2000; and
6.7(ii) the entire amount of the levy certified in the prior calendar year according to
6.8section124D.86, subdivision 4 , for school districts receiving revenue under sections
6.9124D.86, subdivision 3
, clauses (1), (2), and (3);
126C.41, subdivisions 1, 2, paragraph
6.10(a), and 3 , paragraphs (b), (c), and (d);
126C.43, subdivision 2 ;
126C.457 ; and
126C.48,
6.11subdivision 6 ; plus
6.12(iii) zero percent of the amount of the levy certified in the prior calendar year for the
6.13school district's general and community service funds, plus or minus auditor's adjustments,
6.14not including the levy portions that are assumed by the state, that remains after subtracting
6.15the referendum levy certified according to section 126C.17 and the amount recognized
6.16according to item (ii).
6.17(b) For fiscal year 2011 and later years, in June of each year, the school district must
6.18recognize as revenue, in the fund for which the levy was made, the lesser of:
6.19(1) the sum of May, June, and July school district tax settlement revenue received in
6.20that calendar year, plus general education aid according to section 126C.13, subdivision
6.214, received in July and August of that calendar year; or
6.22(2) the sum of:
6.23(i) the greater of 48.6 percent of the referendum levy certified according to section
6.24126C.17 in the prior calendar year, or 31 percent of the referendum levy certified
6.25according to section 126C.17 in calendar year 2000; plus
6.26(ii) the entire amount of the levy certified in the prior calendar year according to
6.27section 124D.86, subdivision 4, for school districts receiving revenue under sections
6.28124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph
6.29(a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48,
6.30subdivision 6; plus
6.31(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
6.32school district's general and community service funds, plus or minus auditor's adjustments,
6.33not including the levy portions that are assumed by the state, that remains after subtracting
6.34the referendum levy certified according to section 126C.17 and the amount recognized
6.35according to item (ii).
6.36EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
7.1 Sec. 3. Minnesota Statutes 2008, section 123B.75, subdivision 9, is amended to read:
7.2 Subd. 9. Commissioner shall specify fiscal year. The commissioner shall specify
7.3the fiscal year or years to which the revenue from any aid or tax levy is applicable if
7.4Minnesota Statutes do not so specify. The commissioner must report to the chair and
7.5ranking minority member of the house of representatives and senate committees with
7.6jurisdiction over education finance by January 15 of each year any adjustments under this
7.7subdivision in the previous year.
7.8 Sec. 4. Minnesota Statutes 2008, section 126C.48, subdivision 7, is amended to read:
7.9 Subd. 7. Reporting. For each tax settlement, the county auditor shall report to each
7.10school district by fund, the district tax settlement revenue defined in section123B.75,
7.11subdivision5
, paragraph (a) 1a, on the form specified in section
276.10 . The county auditor
7.12shall send to the district a copy of the spread levy report specified in section275.124 .
7.13EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
7.14 Sec. 5. Minnesota Statutes 2008, section 127A.441, is amended to read:
7.15127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE.
7.16 Each year, the state aids payable to any school district for that fiscal year that are
7.17recognized as revenue in the school district's general and community service funds shall
7.18be adjusted by an amount equal to (1) the amount the district recognized as revenue for the
7.19prior fiscal year pursuant to section123B.75, subdivision 5 , paragraph (a) or (b), minus (2)
7.20the amount the district recognized as revenue for the current fiscal year pursuant to section
7.21123B.75, subdivision 5
, paragraph (a) or (b). For purposes of making the aid adjustments
7.22under this section, the amount the district recognizes as revenue for either the prior fiscal
7.23year or the current fiscal year pursuant to section123B.75, subdivision 5 , paragraph (b),
7.24shall not include any amount levied pursuant to section124D.86, subdivision 4 , for school
7.25districts receiving revenue under sections124D.86, subdivision 3 , clauses (1), (2), and (3);
7.26126C.41, subdivisions 1, 2, and 3
, paragraphs (b), (c), and (d);
126C.43, subdivision 2 ;
7.27126C.457
; and
126C.48, subdivision 6 . Payment from the permanent school fund shall not
7.28be adjusted pursuant to this section. The school district shall be notified of the amount of
7.29the adjustment made to each payment pursuant to this section.
7.30EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
7.31 Sec. 6. Minnesota Statutes 2008, section 127A.45, subdivision 2, is amended to read:
8.1 Subd. 2. Definitions. (a)The term "other district receipts" means payments by
8.2county treasurers pursuant to section276.10 , apportionments from the school endowment
8.3fund pursuant to section127A.33 , apportionments by the county auditor pursuant to
8.4section127A.34, subdivision 2 , and payments to school districts by the commissioner of
8.5revenue pursuant to chapter 298.
8.6(b)The term "Cumulative amount guaranteed" means the product of
8.7(1) the cumulative disbursement percentage shown in subdivision 3; times
8.8(2) the sum of
8.9(i) the current year aid payment percentage of the estimated aid and credit
8.10entitlements paid according to subdivision 13; plus
8.11(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus
8.12(iii) the other district receipts.
8.13(c)The term "Payment date" means the date on which state payments to districts
8.14are made by the electronic funds transfer method. If a payment date falls on a Saturday,
8.15a Sunday, or a weekday which is a legal holiday, the payment shall be made on the
8.16immediately preceding business day. The commissioner may make payments on dates
8.17other than those listed in subdivision 3, but only for portions of payments from any
8.18preceding payment dates which could not be processed by the electronic funds transfer
8.19method due to documented extenuating circumstances.
8.20(d) The current year aid payment percentage equals 73 in fiscal year 2010 and 2011
8.21and 90 in fiscal year 2012 and later.
8.22EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
8.23 Sec. 7. Laws 2009, chapter 96, article 6, section 11, subdivision 6, is amended to read:
8.24 Subd. 6. Educate parents partnership. For the educate parents partnership under
8.25Minnesota Statutes, section124D.129 :
8.28Any balance in the first year does not cancel but is available in the second year.
8.29 Sec. 8. Laws 2009, chapter 96, article 6, section 11, subdivision 7, is amended to read:
8.30 Subd. 7. Kindergarten entrance assessment initiative and intervention
8.31program. For the kindergarten entrance assessment initiative and intervention program
8.32under Minnesota Statutes, section124D.162 :
9.3Any balance in the first year does not cancel but is available in the second year.
9.4 Sec. 9. Laws 2009, chapter 96, article 7, section 3, subdivision 2, is amended to read:
9.5 Subd. 2. Department. (a) For the Department of Education:
9.10Any balance in the first year does not cancel but is available in the second year.
9.11(b) $260,000 each year is for the Minnesota Children's Museum.
9.12(c) $41,000 each year is for the Minnesota Academy of Science.
9.13(d)$632,000 $618,000 each year is for the Board of Teaching. Any balance in the
9.14first year does not cancel but is available in the second year.
9.15(e)$171,000 $167,000 each year is for the Board of School Administrators. Any
9.16balance in the first year does not cancel but is available in the second year.
9.17(f)$40,000 each year $10,000 is for an early hearing loss intervention coordinator
9.18under Minnesota Statutes, section125A.63, subdivision 5 . This appropriation is for
9.19fiscal year 2010 only. If the department expends federal funds to employ a hearing
9.20loss coordinator under Minnesota Statutes, section125A.63, subdivision 5 , then the
9.21appropriation under this paragraph is reallocated for purposes of employing a world
9.22languages coordinator.
9.23(g) $50,000 each year is for the Duluth Children's Museum.
9.24(h) None of the amounts appropriated under this subdivision may be used for
9.25Minnesota's Washington, D.C., office.
9.26(i) The expenditures of federal grants and aids as shown in the biennial budget
9.27document and its supplements are approved and appropriated and shall be spent as
9.28indicated. The commissioner must provide, to the K-12 Education Finance Division in
9.29the house of representatives and the E-12 Budget Division in the senate, details about the
9.30distribution of state incentive grants, education technology state grants, teacher incentive
9.31funds, and statewide data system funds as outlined in the supplemental federal funds
9.32submission dated March 25, 2009.
9.33 Sec. 10. ADVANCE FINAL PAYMENT; FISCAL YEARS 2010 AND 2011.
9.34(a) Notwithstanding Minnesota Statutes, section 127A.45, subdivisions 3 and
9.357, for fiscal years 2010 and 2011 only, a school district or charter school exceeding its
10.1expenditure limitations under Minnesota Statutes, section 123B.83, as of June 30, 2009,
10.2or June 30, 2010, may receive a portion of its final payment for the current fiscal year
10.3on June 20, if requested by the district or charter school. The amount paid under this
10.4subdivision must not exceed the lesser of:
10.5(1) the difference between 90 percent and the current year aid payment percentage
10.6under Minnesota Statutes, section 127A.45, subdivision 2, paragraph (d), in the current
10.7fiscal year times the sum of the district or charter school's general education aid plus the
10.8aid adjustment in Minnesota Statutes, section 127A.50, for the current fiscal year; or
10.9(2) the amount by which the district or charter school's net negative unreserved
10.10general fund balance as of June 30 of the prior fiscal year exceeds 2.5 percent of the
10.11district or charter school's expenditures for that fiscal year.
10.12(b) The state total advance final payment under this subdivision for any fiscal year
10.13must not exceed $7,500,000. If the amount exceeds $7,500,000, the advance final payment
10.14for each eligible district must be reduced proportionately.
10.15EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
10.18 Section 1. Minnesota Statutes 2009 Supplement, section 123B.54, is amended to read:
10.19123B.54 DEBT SERVICE APPROPRIATION.
10.20 (a)$9,109,000 in fiscal year 2009, $7,948,000 in fiscal year 2010, $9,275,000 in
10.21fiscal year 2011, $9,574,000 $16,900,000 in fiscal year 2012, and $8,904,000 $19,175,000
10.22 in fiscal year 2013 and later are appropriated from the general fund to the commissioner of
10.23education for payment of debt service equalization aid under section123B.53 .
10.24 (b) The appropriations in paragraph (a) must be reduced by the amount of any
10.25money specifically appropriated for the same purpose in any year from any state fund.
10.26 Sec. 2. Laws 2009, chapter 96, article 1, section 24, subdivision 2, is amended to read:
10.27 Subd. 2. General education aid. For general education aid under Minnesota
10.28Statutes, section126C.13, subdivision 4 :
10.33The 2010 appropriation includes $555,864,000 $553,591,000 for 2009 and
10.34$4,639,640,000 $3,737,831,000 for 2010.
11.1The 2011 appropriation includes$500,976,000 $1,363,306,000 for 2010 and
11.2$5,126,018,000 $3,596,575,000 for 2011.
11.3 Sec. 3. Laws 2009, chapter 96, article 1, section 24, subdivision 5, is amended to read:
11.4 Subd. 5. Consolidation transition. For districts consolidating under Minnesota
11.5Statutes, section123A.485 :
11.8The 2010 appropriation includes $0 for 2009 and $854,000 $684,000 for 2010.
11.9The 2011 appropriation includes$94,000 $252,000 for 2010 and $833,000 $338,000
11.10for 2011.
11.11 Sec. 4. Laws 2009, chapter 96, article 1, section 24, subdivision 6, is amended to read:
11.12 Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under
11.13Minnesota Statutes, sections123B.40 to
123B.43 and
123B.87 :
11.18The 2010 appropriation includes $1,647,000 $1,067,000 for 2009 and $15,603,000
11.19$11,794,000 for 2010.
11.20The 2011 appropriation includes$1,733,000 $4,362,000 for 2010 and $16,156,000
11.21$12,301,000 for 2011.
11.22 Sec. 5. Laws 2009, chapter 96, article 1, section 24, subdivision 7, is amended to read:
11.23 Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid
11.24under Minnesota Statutes, section123B.92, subdivision 9 :
11.29The 2010 appropriation includes $2,077,000 for 2009 and $20,082,000 $15,220,000
11.30for 2010.
11.31The 2011 appropriation includes$2,231,000 $5,629,000 for 2010 and $20,481,000
11.32$14,704,000 for 2011.
11.33 Sec. 6. Laws 2009, chapter 96, article 2, section 67, subdivision 2, is amended to read:
12.1 Subd. 2. Charter school building lease aid. For building lease aid under Minnesota
12.2Statutes, section124D.11, subdivision 4 :
12.7The 2010 appropriation includes $3,704,000 for 2009 and $36,749,000 $31,129,000
12.8 for 2010.
12.9The 2011 appropriation includes$4,083,000 $11,513,000 for 2010 and $40,692,000
12.10$34,857,000 for 2011.
12.11 Sec. 7. Laws 2009, chapter 96, article 2, section 67, subdivision 3, is amended to read:
12.12 Subd. 3. Charter school startup aid. For charter school startup cost aid under
12.13Minnesota Statutes, section124D.11 :
12.18The 2010 appropriation includes $202,000 for 2009 and $1,286,000 $1,016,000
12.19for 2010.
12.20The 2011 appropriation includes$142,000 $375,000 for 2010 and $922,000
12.21$384,000 for 2011.
12.22 Sec. 8. Laws 2009, chapter 96, article 2, section 67, subdivision 4, is amended to read:
12.23 Subd. 4. Integration aid. For integration aid under Minnesota Statutes, section
12.24124D.86, subdivision 5
:
12.29The 2010 appropriation includes $6,110,000 $5,832,000 for 2009 and $59,248,000
12.30$44,980,000 for 2010.
12.31The 2011 appropriation includes$6,583,000 $16,636,000 for 2010 and $58,901,000
12.32$47,081,000 for 2011.
12.33 Sec. 9. Laws 2009, chapter 96, article 2, section 67, subdivision 7, is amended to read:
12.34 Subd. 7. Success for the future. For American Indian success for the future grants
12.35under Minnesota Statutes, section124D.81 :
13.4The 2010 appropriation includes $213,000 for 2009 and $1,924,000 $1,561,000
13.5for 2010.
13.6The 2011 appropriation includes$213,000 $576,000 for 2010 and $1,924,000
13.7$1,561,000 for 2011.
13.8 Sec. 10. Laws 2009, chapter 96, article 2, section 67, subdivision 9, is amended to read:
13.9 Subd. 9. Tribal contract schools. For tribal contract school aid under Minnesota
13.10Statutes, section124D.83 :
13.15The 2010 appropriation includes $191,000 for 2009 and $1,839,000 $1,511,000 for
13.162010.
13.17The 2011 appropriation includes$204,000 $558,000 for 2010 and $2,007,000
13.18$1,628,000 for 2011.
13.19 Sec. 11. Laws 2009, chapter 96, article 3, section 21, subdivision 2, is amended to read:
13.20 Subd. 2. Special education; regular. For special education aid under Minnesota
13.21Statutes, section125A.75 :
13.26The 2010 appropriation includes $71,947,000 for 2009 and $662,124,000
13.27$537,056,000 for 2010.
13.28The 2011 appropriation includes$73,569,000 $198,637,000 for 2010 and
13.29$707,928,000 $574,208,000 for 2011.
13.30 Sec. 12. Laws 2009, chapter 96, article 3, section 21, subdivision 3, is amended to read:
13.31 Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes,
13.32section125A.75, subdivision 3 , for children with disabilities placed in residential facilities
13.33within the district boundaries for whom no district of residence can be determined:
14.5If the appropriation for either year is insufficient, the appropriation for the other
14.6year is available.
14.7 Sec. 13. Laws 2009, chapter 96, article 3, section 21, subdivision 4, is amended to read:
14.8 Subd. 4. Travel for home-based services. For aid for teacher travel for home-based
14.9services under Minnesota Statutes, section125A.75, subdivision 1 :
14.12The 2010 appropriation includes $24,000 for 2009 and $234,000 $200,000 for 2010.
14.13The 2011 appropriation includes$26,000 $73,000 for 2010 and $256,000 $218,000
14.14for 2011.
14.15 Sec. 14. Laws 2009, chapter 96, article 3, section 21, subdivision 5, is amended to read:
14.16 Subd. 5. Special education; excess costs. For excess cost aid under Minnesota
14.17Statutes, section125A.79, subdivision 7 :
14.22The 2010 appropriation includes $37,046,000 for 2009 and $73,825,000 $59,880,000
14.23 for 2010.
14.24The 2011 appropriation includes$37,022,000 $50,967,000 for 2010 and $73,855,000
14.25$59,904,000 for 2011.
14.26 Sec. 15. Laws 2009, chapter 96, article 4, section 12, subdivision 2, is amended to read:
14.27 Subd. 2. Health and safety revenue. For health and safety aid according to
14.28Minnesota Statutes, section123B.57, subdivision 5 :
14.31The 2010 appropriation includes $10,000 for 2009 and $151,000 $122,000 for 2010.
14.32The 2011 appropriation includes$16,000 $44,000 for 2010 and $144,000 $95,000
14.33 for 2011.
15.1 Sec. 16. Laws 2009, chapter 96, article 4, section 12, subdivision 3, is amended to read:
15.2 Subd. 3. Debt service equalization. For debt service aid according to Minnesota
15.3Statutes, section123B.53, subdivision 6 :
15.8The 2010 appropriation includes $851,000 for 2009 and $7,097,000 $5,757,000
15.9for 2010.
15.10The 2011 appropriation includes$788,000 $2,128,000 for 2010 and $8,487,000
15.11$6,337,000 for 2011.
15.12 Sec. 17. Laws 2009, chapter 96, article 4, section 12, subdivision 4, is amended to read:
15.13 Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid,
15.14according to Minnesota Statutes, section123B.59, subdivision 1 :
15.18The 2010 appropriation includes $1,928,000 for 2009 and $17,359,000 $14,080,000
15.19 for 2010.
15.20The 2011 appropriation includes$1,928,000 $5,207,000 for 2010 and $17,359,000
15.21$14,080,000 for 2011.
15.22 Sec. 18. Laws 2009, chapter 96, article 4, section 12, subdivision 6, is amended to read:
15.23 Subd. 6. Deferred maintenance aid. For deferred maintenance aid, according to
15.24Minnesota Statutes, section123B.591, subdivision 4 :
15.29The 2010 appropriation includes $260,000 for 2009 and $2,042,000 $1,658,000 for
15.302010.
15.31The 2011 appropriation includes$226,000 $613,000 for 2010 and $1,847,000
15.32$1,598,000 for 2011.
15.33 Sec. 19. Laws 2009, chapter 96, article 5, section 13, subdivision 4, is amended to read:
15.34 Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes,
15.35section124D.118 :
16.5 Sec. 20. Laws 2009, chapter 96, article 5, section 13, subdivision 6, is amended to read:
16.6 Subd. 6. Basic system support. For basic system support grants under Minnesota
16.7Statutes, section134.355 :
16.11The 2010 appropriation includes $1,357,000 for 2009 and $12,213,000 $9,907,000
16.12 for 2010.
16.13The 2011 appropriation includes$1,357,000 $3,663,000 for 2010 and $12,213,000
16.14$9,907,000 for 2011.
16.15 Sec. 21. Laws 2009, chapter 96, article 5, section 13, subdivision 7, is amended to read:
16.16 Subd. 7. Multicounty, multitype library systems. For grants under Minnesota
16.17Statutes, sections134.353 and
134.354 , to multicounty, multitype library systems:
16.21The 2010 appropriation includes $130,000 for 2009 and $1,170,000 $949,000 for
16.222010.
16.23The 2011 appropriation includes$130,000 $351,000 for 2010 and $1,170,000
16.24$949,000 for 2011.
16.25 Sec. 22. Laws 2009, chapter 96, article 5, section 13, subdivision 9, is amended to read:
16.26 Subd. 9. Regional library telecommunications aid. For regional library
16.27telecommunications aid under Minnesota Statutes, section134.355 :
16.31The 2010 appropriation includes $230,000 for 2009 and $2,070,000 $1,679,000 for
16.322010.
16.33The 2011 appropriation includes$230,000 $621,000 for 2010 and $2,070,000
16.34$1,679,000 for 2011.
17.1 Sec. 23. Laws 2009, chapter 96, article 6, section 11, subdivision 2, is amended to read:
17.2 Subd. 2. School readiness. For revenue for school readiness programs under
17.3Minnesota Statutes, sections124D.15 and
124D.16 :
17.7The 2010 appropriation includes $1,009,000 for 2009 and $9,086,000 $7,370,000
17.8 for 2010.
17.9The 2011 appropriation includes$1,009,000 $2,725,000 for 2010 and $9,086,000
17.10$7,370,000 for 2011.
17.11 Sec. 24. Laws 2009, chapter 96, article 6, section 11, subdivision 3, is amended to read:
17.12 Subd. 3. Early childhood family education aid. For early childhood family
17.13education aid under Minnesota Statutes, section124D.135 :
17.18The 2010 appropriation includes $3,020,000 for 2009 and $19,935,000 $15,985,000
17.19 for 2010.
17.20The 2011 appropriation includes$2,214,000 $5,911,000 for 2010 and $20,333,000
17.21$16,215,000 for 2011.
17.22 Sec. 25. Laws 2009, chapter 96, article 6, section 11, subdivision 4, is amended to read:
17.23 Subd. 4. Health and developmental screening aid. For health and developmental
17.24screening aid under Minnesota Statutes, sections121A.17 and
121A.19 :
17.29The 2010 appropriation includes $367,000 for 2009 and $3,327,000 $2,555,000 for
17.302010.
17.31The 2011 appropriation includes$369,000 $945,000 for 2010 and $3,431,000
17.32$2,586,000 for 2011.
17.33 Sec. 26. Laws 2009, chapter 96, article 6, section 11, subdivision 8, is amended to read:
17.34 Subd. 8. Community education aid. For community education aid under
17.35Minnesota Statutes, section124D.20 :
18.3The 2010 appropriation includes $73,000 for 2009 and $512,000 $403,000 for 2010.
18.4The 2011 appropriation included$56,000 $148,000 for 2010 and $411,000 $338,000
18.5for 2011.
18.6 Sec. 27. Laws 2009, chapter 96, article 6, section 11, subdivision 9, is amended to read:
18.7 Subd. 9. Adults with disabilities program aid. For adults with disabilities
18.8programs under Minnesota Statutes, section124D.56 :
18.11The 2010 appropriation includes $71,000 $69,000 for 2009 and $639,000 $519,000
18.12 for 2010.
18.13The 2011 appropriation includes$71,000 $191,000 for 2010 and $639,000 $519,000
18.14 for 2011.
18.15 Sec. 28. Laws 2009, chapter 96, article 6, section 11, subdivision 12, is amended to
18.16read:
18.17 Subd. 12. Adult basic education aid. For adult basic education aid under
18.18Minnesota Statutes, section124D.531 :
18.23The 2010 appropriation includes $4,187,000 for 2009 and $38,788,000 $31,484,000
18.24 for 2010.
18.25The 2011 appropriation includes$4,309,000 $11,644,000 for 2010 and $39,949,000
18.26$32,421,000 for 2011.
18.30The amounts shown in this section summarize direct appropriations, by fund, made
18.31in this article.
19.2The sums shown in the columns marked "Appropriations" are added to or, if shown
19.3in parentheses, subtracted from the appropriations in Laws 2009, chapter 95, article 1, to
19.4the agencies and for the purposes specified in this article. The appropriations are from the
19.5general fund, or another named fund, and are available for the fiscal years indicated for
19.6each purpose. The figures "2010" and "2011" used in this article mean that the addition
19.7to or subtraction from the appropriation listed under them is available for the fiscal year
19.8ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
19.9reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
19.10day following final enactment.
19.17This reduction is from the appropriation for
19.18agency administration.
19.19If an extension of the enhanced federal
19.20medical assistance percentage (FMAP) under
19.21Public Law 111-5, section 5001, to at least
19.22June 30, 2011, is enacted by June 15, 2010,
19.23$36,000,000 is appropriated from the general
19.24fund to the Minnesota Office of Higher
19.25Education for the state grant program, to be
19.26available for the fiscal year ending June 30,
19.272011.
19.31$3,579,000 of the reduction in 2011 is from
19.32the central offices and shared services unit
19.33appropriation.
20.1$46,421,000 of the reduction in 2011
20.2is from the operations and maintenance
20.3appropriation.
20.4For fiscal years 2012 and 2013, the base for
20.5operations and maintenance is $580,802,000
20.6each year.
20.10The appropriation reductions for each
20.11purpose are shown in the following
20.12subdivisions.
20.13If an extension of the enhanced federal
20.14medical assistance percentage (FMAP) under
20.15Public Law 111-5, section 5001, to at least
20.16June 30, 2011, is enacted by June 15, 2010,
20.17$36,000,000 is appropriated from the general
20.18fund to the Minnesota Office of Higher
20.19Education for the state grant program, to be
20.20available for the fiscal year ending June 30,
20.212011.
20.23For fiscal years 2012 and 2013, the base for
20.24operations and maintenance is $578,370,000
20.25each year.
20.29$26,000 of the 2011 reduction is from the St.
20.30Cloud family practice residency program.
21.6The amounts shown in this section summarize changes to direct appropriations, by
21.7fund, made in this article.
21.11The sums shown in the columns marked "Appropriations" are added to or, if shown
21.12in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 1, to
21.13the agencies and for the purposes specified in this article. The appropriations are from the
21.14general fund, or another named fund, and are available for the fiscal years indicated for
21.15each purpose. The figures "2010" and "2011" used in this article mean that the addition to
21.16or subtraction from the appropriation listed under them are available for the fiscal year
21.17ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
21.18reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
21.19day following final enactment.
21.26The appropriation reductions for each
21.27purpose are shown in the following
21.28subdivisions.
21.30The $98,000 reduction in fiscal year 2010
21.31is from the agency's activities to develop
21.32minimal impact design standards for urban
21.33stormwater runoff.
22.2The $30,000 reduction in the second year is
22.3from the environmental health tracking and
22.4biomonitoring activities of the agency.
22.11The appropriation reductions for each
22.12purpose are shown in the following
22.13subdivisions.
22.20$53,000 of the reduction each year is from
22.21activities supporting the Forest Resources
22.22Council with implementation of the
22.23Sustainable Forest Resources Act.
22.28$265,000 of the reduction each year is from
22.29activities for preserving, restoring, and
22.30enhancing grassland/wetland complexes on
22.31public or private land.
23.4 Sec. 6. Laws 2010, chapter 215, article 3, section 3, subdivision 6, is amended to read:
23.6(a) The amounts appropriated from the
23.7agency indirect costs account in the special
23.8revenue fund are reduced by $328,000 in
23.9fiscal year 2010 and $462,000 in fiscal year
23.102011, and those amounts must be transferred
23.11to the general fund by June 30, 2011. The
23.12appropriation reductions are onetime.
23.13(b) The commissioner of management and
23.14budget shall transfer$8,000,000 $48,000,000
23.15in fiscal year 2011 from the closed landfill
23.16investment fund in Minnesota Statutes,
23.17section115B.421 , to the general fund. The
23.18commissioner shall transfer$4,000,000
23.19$10,000,000 on July 1, 2013, and $4,000,000
23.20on July 1, in each of the years 2014, 2015,
23.212016, and 2017 from the general fund to the
23.22closed landfill investment fund. Forthe July
23.231, 2014, each transfer to the closed landfill
23.24investment fund, the commissioner shall
23.25determine the total amount of interest and
23.26other earnings that would have accrued to
23.27the fund if the transfers to the general fund
23.28under this paragraph had not been made and
23.29add this amount to the transfer. The amounts
23.30necessary for these transfers are appropriated
23.31from the general fund in the fiscal years
23.32specified for the transfers.
24.4The amounts shown in this section summarize direct appropriations, by fund, made
24.5in this article.
24.9The sums shown in the columns marked "Appropriations" are added to or, if shown
24.10in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 2, to
24.11the agencies and for the purposes specified in this article. The appropriations are from the
24.12general fund, or another named fund, and are available for the fiscal years indicated for
24.13each purpose. The figures "2010" and "2011" used in this article mean that the addition
24.14to or subtraction from the appropriation listed under them is available for the fiscal year
24.15ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
24.16reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
24.17day following final enactment.
24.24The appropriation reductions for each
24.25purpose are shown in the following
24.26subdivisions.
25.1The amounts shown in this section summarize direct appropriations, by fund, made
25.2in this article.
25.6The sums shown in the columns marked "Appropriations" are added to or, if shown
25.7in parentheses, subtracted from the appropriations in Laws 2009, chapter 94, article 1, to
25.8the agencies and for the purposes specified in this article. The appropriations are from the
25.9general fund, or another named fund, and are available for the fiscal years indicated for
25.10each purpose. The figures "2010" and "2011" used in this article mean that the addition to
25.11or subtraction from the appropriations listed under them are available for the fiscal year
25.12ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
25.13reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
25.14day following final enactment.
25.21The appropriation reductions for each
25.22purpose are shown in the following
25.23subdivisions.
25.25$13,000 in fiscal year 2010 and $13,000 in
25.26fiscal year 2011 are reductions from plant
25.27pest surveys.
25.30$77,000 in fiscal year 2010 and $77,000 in
25.31fiscal year 2011 are reductions for integrated
25.32pest management activities.
26.1$69,000 in fiscal year 2010 and $69,000 in
26.2fiscal year 2011 are reductions from the dairy
26.3and profitability enhancement and dairy
26.4business planning grant programs established
26.5under Laws 1997, chapter 216, section 7,
26.6subdivision 2, and Law 2001, First Special
26.7Session chapter 2, section 9, subdivision 2.
26.8$1,000 in fiscal year 2010 is a reduction from
26.9the appropriation for the administration of
26.10the Feeding Minnesota Task Force.
26.14The amounts shown in this section summarize direct appropriations, by fund, made
26.15in this article.
26.19The sums shown in the columns marked "APPROPRIATIONS" are added to, or
26.20if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 78,
26.21article 1, to the agencies and for the purposes specified in this article. The appropriations
26.22are from the general fund, or another named fund, and are available for the fiscal years
26.23indicated for each purpose. The figures "2010" and "2011" used in this article mean
26.24that the addition to or subtraction from the appropriation listed under them is available
26.25for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. Supplemental
26.26appropriations and reductions to appropriations for the fiscal year ending June 30, 2010,
26.27are effective the day following final enactment.
27.1The appropriation reductions for each
27.2purpose are shown in the following
27.3subdivisions.
27.6$25,000 in 2010 and $25,000 in 2011 are
27.7from the appropriation for the Office of
27.8Science and Technology.
27.10$15,000 in 2010 and $15,000 in 2011 are
27.11from the appropriation for the Minnesota job
27.12skills partnership program under Minnesota
27.13Statutes, sections 116L.01 to 116L.17.
27.14$11,000 in 2010 and $11,000 in 2011 are from
27.15the appropriation for administrative expenses
27.16to programs that provide employment
27.17support services to persons with mental
27.18illness under Minnesota Statutes, sections
27.19268A.13 and 268A.14.
27.20$89,000 in 2010 and $89,000 in 2011 are
27.21from the appropriation for state services for
27.22the blind activities.
27.25This reduction is from the appropriation to
27.26the Housing Finance Agency for the housing
27.27rehabilitation program under Minnesota
27.28Statutes, section 462A.05, subdivision 14,
27.29for rental housing developments.
27.30On or before June 30, 2010, the Housing
27.31Finance Agency shall transfer $256,000
27.32from the housing rehabilitation program in
28.1the housing development fund to the general
28.2fund.
28.5This reduction is from the general
28.6fund appropriation for labor
28.7standards/apprenticeship.
28.10This reduction is from the general fund
28.11appropriation for mediation services.
28.15The appropriation reductions for each
28.16purpose are shown in the following
28.17subdivisions.
28.23The amounts shown in this section summarize direct appropriations, by fund, made
28.24in this article.
28.28The sums shown in the columns marked "Appropriations" are added to or, if shown
28.29in parentheses, subtracted from the appropriations in Laws 2009, chapter 36, article 1, to
28.30the agencies and for the purposes specified in this article. The appropriations are from the
28.31general fund, or another named fund, and are available for the fiscal years indicated for
29.1each purpose. The figures "2010" and "2011" used in this article mean that the addition to
29.2or subtraction from the appropriation listed under them are available for the fiscal year
29.3ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
29.4reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
29.5day following final enactment.
29.12The appropriation reductions for each
29.13purpose are shown in the following
29.14subdivisions.
29.17This reduction is to the Transit Improvement
29.18Administration appropriation.
29.19The base appropriation from the general fund
29.20for fiscal years 2012 and 2013 is $16,292,000
29.21each year.
29.23This reduction is to the rail service plan
29.24appropriation.
29.26This reduction is to the Roosevelt Tower
29.27appropriation.
29.30The appropriation reductions for each
29.31purpose are shown in the following
29.32subdivisions.
30.2This reduction is to the appropriation for bus
30.3system operations.
30.4The base appropriation for fiscal years 2012
30.5and 2013 is $59,796,000 each year.
30.7This reduction is to the appropriation for rail
30.8systems.
30.9The base appropriation for fiscal years 2012
30.10and 2013 is $5,174,000 each year.
30.14The amounts shown in this section summarize direct appropriations, by fund, made
30.15in this article.
30.19The sums shown in the columns marked "Appropriations" are added to or, if shown
30.20in parentheses, subtracted from the appropriations in Laws 2009, chapter 83, article 1, to
30.21the agencies and for the purposes specified in this article. The appropriations are from the
30.22general fund, or another named fund, and are available for the fiscal years indicated for
30.23each purpose. The figures "2010" and "2011" used in this article mean that the addition
30.24to or subtraction from the appropriation listed under them is available for the fiscal year
30.25ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
30.26reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
30.27day following final enactment.
31.4The amounts shown in this section summarize direct appropriations, by fund, made
31.5in this article.
31.9The sums shown in the columns marked "Appropriations" are added to or, if shown
31.10in parentheses, subtracted from, the appropriations in Laws 2009, chapter 101, article 1, to
31.11the agencies and for the purposes specified in this article. The appropriations are from the
31.12general fund, or another named fund, and are available for the fiscal years indicated for
31.13each purpose. The figures "2010" and "2011" used in this article mean that the addition
31.14to or subtraction from the appropriation listed under them is available for the fiscal year
31.15ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
31.16reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
31.17day following final enactment.
31.24$13,000 of the reduction in each of
31.25fiscal years 2010 and 2011 are from the
31.26appropriation for necessary expenses in the
31.27normal performance of the governor's and
31.28lieutenant governor's duties for which no
31.29other reimbursement is provided.
31.32$96,000 of the reduction in each of
31.33fiscal years 2010 and 2011 are from the
32.1appropriation for information technology
32.2security.
32.4These reductions are from the Government
32.5and Citizen Services Program.
32.6$162,000 of the balance in the central stores
32.7fund is transferred to the general fund on
32.8or before June 30, 2010. This is a onetime
32.9transfer.
32.10The base appropriation from the general
32.11fund for the government and citizen services
32.12program for fiscal years 2012 and 2013 is
32.13$17,316,000 each year.
32.16These reductions are from the tax system
32.17management program.
32.21The amounts shown in this section summarize direct appropriations, by fund, made
32.22in this article.
32.26The sums shown in the columns marked "Appropriations" are added to or, if shown
32.27in parentheses, subtracted from the appropriations in Laws 2009, chapter 79, article 13,
32.28as amended by Laws 2009, chapter 173, article 2, to the agencies and for the purposes
32.29specified in this article. The appropriations are from the general fund and are available
32.30for the fiscal years indicated for each purpose. The figures "2010" and "2011" used in
32.31this article mean that the addition to or subtraction from the appropriation listed under
33.1them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
33.2Supplemental appropriations and reductions to appropriations for the fiscal year ending
33.3June 30, 2010, are effective the day following final enactment unless a different effective
33.4date is explicit. All reductions in this article are onetime, unless otherwise stated.
33.12The appropriation reductions for each
33.13purpose are shown in the following
33.14subdivisions.
33.17The reduction in fiscal year 2011 is a base
33.18reduction for fiscal year 2012 and thereafter.
33.23American Indian Child Welfare Projects.
33.24Notwithstanding Laws 2009, chapter 79,
33.25article 2, section 35, $600,000 of the fiscal
33.26year 2009 funds extended in fiscal year 2010
33.27cancel to the general fund.
34.5Hospital Fee-for-Service Payment Delay.
34.6Payments from the Medicaid Management
34.7Information System that would otherwise
34.8have been made for inpatient hospital
34.9services for Minnesota health care program
34.10enrollees must be delayed as follows: for
34.11fiscal year 2011, June payments must be
34.12included in the first payments in fiscal
34.13year 2012. The provisions of Minnesota
34.14Statutes, section 16A.124, do not apply
34.15to these delayed payments. This payment
34.16delay includes, and is not in addition to, the
34.17payment delay for inpatient hospital services
34.18in Laws 2009, chapter 79, article 13, section
34.193, subdivision 6, paragraph (c).
34.20Nonhospital Fee-for-Service Payment
34.21Delay. Payments from the Medicaid
34.22Management Information System that would
34.23otherwise have been made for nonhospital
34.24acute care services for Minnesota health
34.25care program enrollees must be delayed as
34.26follows: for fiscal year 2011, June payments
34.27must be included in the first payments in
34.28fiscal year 2012. This payment delay must
34.29not include nursing facilities, intermediate
34.30care facilities for persons with developmental
34.31disabilities, home and community-based
34.32services, prepaid health plans, personal care
34.33provider organizations, and home health
34.34agencies. The provisions of Minnesota
34.35Statutes, section 16A.124, do not apply
34.36to these delayed payments. This payment
35.1delay includes, and is not in addition to, the
35.2payment delay for nonhospital acute care
35.3services in Laws 2009, chapter 79, article 13,
35.4section 3, paragraph (c).
35.8Incentive Program and Outreach Grants.
35.9The general fund appropriation for the
35.10incentive program under Laws 2008, chapter
35.11358, article 5, section 3, subdivision 4,
35.12paragraph (b), is canceled. This paragraph is
35.13effective retroactively from January 1, 2010.
35.16Community Service/Service Development
35.17Grants Reduction. Effective retroactively
35.18from July 1, 2009, funding for grants made
35.19under Minnesota Statutes, sections 256.9754
35.20and 256B.0917, subdivision 13, is reduced by
35.21$3,600,000 in fiscal year 2010 and $900,000
35.22in fiscal year 2011. Grants made during
35.23fiscal year 2010 under Minnesota Statutes,
35.24section 256.9754, shall not be used for new
35.25construction or building renovation.
35.28ICF/MR Variable Rates Suspension.
35.29Effective retroactively from July 1, 2009, to
35.30June 30, 2010, no new variable rates shall
35.31be authorized for intermediate care facilities
35.32for people with mental retardation under
35.33Minnesota Statutes, section 256B.5013,
35.34subdivision 1.
36.1ICF/MR Occupancy Rate Adjustment
36.2Suspension. Effective retroactively from
36.3July 1, 2009, to June 30, 2010, approval
36.4of new applications for occupancy rate
36.5adjustments for unoccupied short-term
36.6beds under Minnesota Statutes, section
36.7256B.5013, subdivision 7, is suspended.
36.10Developmental Disability Waiver Acuity
36.11Factor. Effective retroactively from January
36.121, 2010, the January 1, 2010, one percent
36.13growth factor in the developmental disability
36.14waiver allocations under Minnesota Statutes,
36.15section 256B.092, subdivisions 4 and 5,
36.16that is attributable to changes in acuity, is
36.17suspended to June 30, 2011.
36.23County Maintenance of Effort. The general
36.24fund appropriation for the State-County
36.25Results Accountability and Service Delivery
36.26Reform under Minnesota Statutes, chapter
36.27402A, is canceled. This paragraph is
36.28effective retroactively from July 1, 2009.
37.1The appropriation reductions for each
37.2purpose are shown in the following
37.3subdivisions.
37.4The reductions in fiscal year 2011, other
37.5than in subdivision 3, are base reductions for
37.6fiscal year 2012 and thereafter.
37.10Office of Unlicensed Health Care Practice.
37.11Of the general fund reduction $74,000
37.12in fiscal year 2011 is from the Office of
37.13Unlicensed Complementary and Alternative
37.14Health Care Practice. This is a onetime
37.15reduction.
37.18 Sec. 5. Laws 2009, chapter 79, article 13, section 3, subdivision 8, as amended by
37.19Laws 2009, chapter 173, article 2, section 1, subdivision 8, is amended to read:
37.21The amounts that may be spent from the
37.22appropriation for each purpose are as follows:
37.24Base Adjustment. The general fund base is
37.25increased by $5,751,000 in fiscal year 2012
37.26and $6,705,000 in fiscal year 2013.
37.27Information and Assistance
37.28Reimbursement. Federal administrative
37.29reimbursement obtained from information
37.30and assistance services provided by the
37.31Senior LinkAge or Disability Linkage lines
37.32to people who are identified as eligible for
38.1medical assistance shall be appropriated to
38.2the commissioner for this activity.
38.3Community Service Development Grant
38.4Reduction. Funding for community service
38.5development grants must be reduced by
38.6$260,000 for fiscal year 2010; $284,000 in
38.7fiscal year 2011; $43,000 in fiscal year 2012;
38.8and $43,000 in fiscal year 2013. Base level
38.9funding shall be restored in fiscal year 2014.
38.10Community Service Development Grant
38.11Community Initiative. Funding for
38.12community service development grants shall
38.13be used to offset the cost of aging support
38.14grants. Base level funding shall be restored
38.15in fiscal year 2014.
38.16Senior Nutrition Use of Federal Funds.
38.17For fiscal year 2010, general fund grants
38.18for home-delivered meals and congregate
38.19dining shall be reduced by $500,000. The
38.20commissioner must replace these general
38.21fund reductions with equal amounts from
38.22federal funding for senior nutrition from the
38.23American Recovery and Reinvestment Act
38.24of 2009.
38.26Base Adjustment. The general fund base is
38.27decreased by $3,598,000 in fiscal year 2012
38.28and $3,470,000 in fiscal year 2013.
38.29Alternative Care Transfer. Any money
38.30allocated to the alternative care program that
38.31is not spent for the purposes indicated does
38.32not cancel but must be transferred to the
38.33medical assistance account.
39.5Manage Growth in TBI and CADI
39.6Waivers. During the fiscal years beginning
39.7on July 1, 2009, and July 1, 2010, the
39.8commissioner shall allocate money for home
39.9and community-based waiver programs
39.10under Minnesota Statutes, section256B.49 ,
39.11to ensure a reduction in state spending that is
39.12equivalent to limiting the caseload growth of
39.13the TBI waiver to 12.5 allocations per month
39.14each year of the biennium and the CADI
39.15waiver to 95 allocations per month each year
39.16of the biennium. Limits do not apply: (1)
39.17when there is an approved plan for nursing
39.18facility bed closures for individuals under
39.19age 65 who require relocation due to the
39.20bed closure; (2) to fiscal year 2009 waiver
39.21allocations delayed due to unallotment; or (3)
39.22to transfers authorized by the commissioner
39.23from the personal care assistance program
39.24of individuals having a home care rating
39.25of "CS," "MT," or "HL." Priorities for the
39.26allocation of funds must be for individuals
39.27anticipated to be discharged from institutional
39.28settings or who are at imminent risk of a
39.29placement in an institutional setting.
39.30Manage Growth in DD Waiver. The
39.31commissioner shall manage the growth in
39.32the DD waiver by limiting the allocations
39.33included in the February 2009 forecast to 15
39.34additional diversion allocations each month
39.35for the calendar years that begin on January
39.361, 2010, and January 1, 2011. Additional
40.1allocations must be made available for
40.2transfers authorized by the commissioner
40.3from the personal care program of individuals
40.4having a home care rating of "CS," "MT,"
40.5or "HL."
40.6Adjustment to Lead Agency Waiver
40.7Allocations. Prior to the availability of the
40.8alternative license defined in Minnesota
40.9Statutes, section245A.11, subdivision 8 ,
40.10the commissioner shall reduce lead agency
40.11waiver allocations for the purposes of
40.12implementing a moratorium on corporate
40.13foster care.
40.14Alternatives to Personal Care Assistance
40.15Services. Base level funding of $3,237,000
40.16in fiscal year 2012 and $4,856,000 in
40.17fiscal year 2013 is to implement alternative
40.18services to personal care assistance services
40.19for persons with mental health and other
40.20behavioral challenges who can benefit
40.21from other services that more appropriately
40.22meet their needs and assist them in living
40.23independently in the community. These
40.24services may include, but not be limited to, a
40.251915(i) state plan option.
40.31Funding Usage. Up to 75 percent of a fiscal
40.32year's appropriation for adult mental health
40.33grants may be used to fund allocations in that
40.34portion of the fiscal year ending December
40.3531.
41.3Payments for Substance Abuse Treatment.
41.4For services provided during fiscal years
41.52010 and 2011, county-negotiated rates and
41.6provider claims to the consolidated chemical
41.7dependency fund must not exceed rates
41.8charged for these services on January 1,
41.92009; and rates for fiscal years 2010 and
41.102011 must not exceed 160 percent of the
41.11average rate on January 1, 2009, for each
41.12group of vendors with similar attributes.
41.13For services provided in fiscal years 2012
41.14and 2013, statewide average rates under
41.15the new rate methodology to be developed
41.16under Minnesota Statutes, section254B.12 ,
41.17must not exceed the average rates charged
41.18for these services on January 1, 2009, plus a
41.19state share increase of $3,787,000 for fiscal
41.20year 2012 and $5,023,000 for fiscal year
41.212013. Notwithstanding any provision to the
41.22contrary in this article, this provision expires
41.23on June 30, 2013.
41.24Chemical Dependency Special Revenue
41.25Account. For fiscal year 2010, $750,000
41.26must be transferred from the consolidated
41.27chemical dependency treatment fund
41.28administrative account and deposited into the
41.29general fund.
41.30County CD Share of MA Costs for
41.31ARRA Compliance. Notwithstanding the
41.32provisions of Minnesota Statutes, chapter
41.33254B, for chemical dependency services
41.34provided during the period October 1, 2008,
42.1to December 31, 2010, and reimbursed by
42.2medical assistance at the enhanced federal
42.3matching rate provided under the American
42.4Recovery and Reinvestment Act of 2009, the
42.5county share is 30 percent of the nonfederal
42.6share. This provision is effective the day
42.7following final enactment.
42.11Base Adjustment. The general fund base is
42.12increased by $2,639,000 in fiscal year 2012
42.13and increased by $3,854,000 in fiscal year
42.142013.
42.15Technology Grants. $650,000 in fiscal
42.16year 2010 and $1,000,000 in fiscal year
42.172011 are for technology grants, case
42.18consultation, evaluation, and consumer
42.19information grants related to developing and
42.20supporting alternatives to shift-staff foster
42.21care residential service models.
42.22Other Continuing Care Grants; HIV
42.23Grants. Money appropriated for the HIV
42.24drug and insurance grant program in fiscal
42.25year 2010 may be used in either year of the
42.26biennium.
42.27Quality Assurance Commission. Effective
42.28July 1, 2009, state funding for the quality
42.29assurance commission under Minnesota
42.30Statutes, section256B.0951 , is canceled.
42.31 Sec. 6. Laws 2009, chapter 79, article 13, section 4, subdivision 4, as amended by
42.32Laws 2009, chapter 173, article 2, section 2, subdivision 4, is amended to read:
43.5Base Adjustment. The general fund base is
43.6reduced by $50,000 in each of fiscal years
43.72012 and 2013.
43.8Health Protection Appropriations. (a)
43.9$163,000 each year is for the lead abatement
43.10grant program.
43.11(b) $100,000 each year is for emergency
43.12preparedness and response activities.
43.13(c) $50,000 each year is for tuberculosis
43.14prevention and control. This is a onetime
43.15appropriation.
43.16(d) $55,000 in fiscal year 2010 is for
43.17pentachlorophenol.
43.18(e) $20,000 in fiscal year 2010 is for a PFC
43.19Citizens Advisory Group.
43.20American Recovery and Reinvestment
43.21Act Funds. Federal funds received
43.22by the commissioner for immunization
43.23operations from the American Recovery
43.24and Reinvestment Act of 2009, Public Law
43.25111-5, are appropriated to the commissioner
43.26for the purposes of the grant.
43.27 Sec. 7. Minnesota Statutes 2009 Supplement, section 256B.056, subdivision 3c,
43.28is amended to read:
43.29 Subd. 3c. Asset limitations for families and children. A household of two or
43.30more persons must not own more than $20,000 in total net assets except that this asset
43.31limit shall be $6,000 for the period January 1, 2011, through June 30, 2011, plus $200
43.32for each additional legal dependent, and a household of one person must not own more
43.33than $10,000 in total net assets, except that this asset limit shall be $3,000 for the period
44.1January 1, 2011, through June 30, 2011. In addition to these maximum amounts, an
44.2eligible individual or family may accrue interest on these amounts, but they must be
44.3reduced to the maximum at the time of an eligibility redetermination. The value of assets
44.4that are not considered in determining eligibility for medical assistance for families and
44.5children is the value of those assets excluded under the AFDC state plan as of July 16,
44.61996, as required by the Personal Responsibility and Work Opportunity Reconciliation
44.7Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:
44.8(1) household goods and personal effects are not considered;
44.9(2) capital and operating assets of a trade or business up to $200,000 are not
44.10considered, except that a bank account that contains personal income or assets, or is used to
44.11pay personal expenses, is not considered a capital or operating asset of a trade or business;
44.12(3) one motor vehicle is excluded for each person of legal driving age who is
44.13employed or seeking employment;
44.14(4) assets designated as burial expenses are excluded to the same extent they are
44.15excluded by the Supplemental Security Income program;
44.16(5) court-ordered settlements up to $10,000 are not considered;
44.17(6) individual retirement accounts and funds are not considered; and
44.18(7) assets owned by children are not considered.
44.19The assets specified in clause (2) must be disclosed to the local agency at the time of
44.20application and at the time of an eligibility redetermination, and must be verified upon
44.21request of the local agency.
44.22EFFECTIVE DATE.This section is effective January 1, 2011.
44.23 Sec. 8. Minnesota Statutes 2009 Supplement, section 256B.0659, subdivision 11,
44.24is amended to read:
44.25 Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
44.26must meet the following requirements:
44.27(1) be at least 18 years of age with the exception of persons who are 16 or 17 years
44.28of age with these additional requirements:
44.29(i) supervision by a qualified professional every 60 days; and
44.30(ii) employment by only one personal care assistance provider agency responsible
44.31for compliance with current labor laws;
44.32(2) be employed by a personal care assistance provider agency;
44.33(3) enroll with the department as a personal care assistant after clearing a background
44.34study. Before a personal care assistant provides services, the personal care assistance
44.35provider agency must initiate a background study on the personal care assistant under
45.1chapter 245C, and the personal care assistance provider agency must have received a
45.2notice from the commissioner that the personal care assistant is:
45.3(i) not disqualified under section245C.14 ; or
45.4(ii) is disqualified, but the personal care assistant has received a set aside of the
45.5disqualification under section245C.22 ;
45.6(4) be able to effectively communicate with the recipient and personal care
45.7assistance provider agency;
45.8(5) be able to provide covered personal care assistance services according to the
45.9recipient's personal care assistance care plan, respond appropriately to recipient needs,
45.10and report changes in the recipient's condition to the supervising qualified professional
45.11or physician;
45.12(6) not be a consumer of personal care assistance services;
45.13(7) maintain daily written records including, but not limited to, time sheets under
45.14subdivision 12;
45.15(8) effective January 1, 2010, complete standardized training as determined by the
45.16commissioner before completing enrollment. Personal care assistant training must include
45.17successful completion of the following training components: basic first aid, vulnerable
45.18adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of
45.19personal care assistants including information about assistance with lifting and transfers
45.20for recipients, emergency preparedness, orientation to positive behavioral practices, fraud
45.21issues, and completion of time sheets. Upon completion of the training components,
45.22the personal care assistant must demonstrate the competency to provide assistance to
45.23recipients;
45.24(9) complete training and orientation on the needs of the recipient within the first
45.25seven days after the services begin; and
45.26(10) be limited to providing and being paid for up to 310 hours per month, except
45.27that this limit shall be 275 hours per month for the period July 1, 2009, through June 30,
45.282010 of personal care assistance services regardless of the number of recipients being
45.29served or the number of personal care assistance provider agencies enrolled with.
45.30(b) A legal guardian may be a personal care assistant if the guardian is not being paid
45.31for the guardian services and meets the criteria for personal care assistants in paragraph (a).
45.32(c) Effective January 1, 2010, persons who do not qualify as a personal care assistant
45.33include parents and stepparents of minors, spouses, paid legal guardians, family foster
45.34care providers, except as otherwise allowed in section256B.0625, subdivision 19a , or
45.35staff of a residential setting.
45.36EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
46.1 Sec. 9. Minnesota Statutes 2009 Supplement, section 256B.441, subdivision 55,
46.2is amended to read:
46.3 Subd. 55. Phase-in of rebased operating payment rates. (a) For the rate years
46.4beginning October 1, 2008, to October 1, 2015, the operating payment rate calculated
46.5under this section shall be phased in by blending the operating rate with the operating
46.6payment rate determined under section256B.434 . For purposes of this subdivision, the
46.7rate to be used that is determined under section256B.434 shall not include the portion of
46.8the operating payment rate related to performance-based incentive payments under section
46.9256B.434, subdivision 4
, paragraph (d). For the rate year beginning October 1, 2008, the
46.10operating payment rate for each facility shall be 13 percent of the operating payment rate
46.11from this section, and 87 percent of the operating payment rate from section256B.434 .
46.12For the rate year beginning October 1, 2009, the operating payment rate for each facility
46.13shall be 14 percent of the operating payment rate from this section, and 86 percent of the
46.14operating payment rate from section
256B.434. For rate years beginning October 1, 2009;
46.15October 1, 2010; October 1, 2011; and October 1, 2012, no rate adjustments shall be
46.16implemented under this section, but shall be determined under section256B.434 . For the
46.17rate year beginning October 1, 2013, the operating payment rate for each facility shall be
46.1865 percent of the operating payment rate from this section, and 35 percent of the operating
46.19payment rate from section256B.434 . For the rate year beginning October 1, 2014, the
46.20operating payment rate for each facility shall be 82 percent of the operating payment rate
46.21from this section, and 18 percent of the operating payment rate from section256B.434 . For
46.22the rate year beginning October 1, 2015, the operating payment rate for each facility shall
46.23be the operating payment rate determined under this section. The blending of operating
46.24payment rates under this section shall be performed separately for each RUG's class.
46.25 (b) For the rate year beginning October 1, 2008, the commissioner shall apply limits
46.26to the operating payment rate increases under paragraph (a) by creating a minimum
46.27percentage increase and a maximum percentage increase.
46.28 (1) Each nursing facility that receives a blended October 1, 2008, operating payment
46.29rate increase under paragraph (a) of less than one percent, when compared to its operating
46.30payment rate on September 30, 2008, computed using rates with RUG's weight of1.00 ,
46.31shall receive a rate adjustment of one percent.
46.32 (2) The commissioner shall determine a maximum percentage increase that will
46.33result in savings equal to the cost of allowing the minimum increase in clause (1). Nursing
46.34facilities with a blended October 1, 2008, operating payment rate increase under paragraph
46.35(a) greater than the maximum percentage increase determined by the commissioner, when
47.1compared to its operating payment rate on September 30, 2008, computed using rates with
47.2a RUG's weight of1.00 , shall receive the maximum percentage increase.
47.3 (3) Nursing facilities with a blended October 1, 2008, operating payment rate
47.4increase under paragraph (a) greater than one percent and less than the maximum
47.5percentage increase determined by the commissioner, when compared to its operating
47.6payment rate on September 30, 2008, computed using rates with a RUG's weight of1.00 ,
47.7shall receive the blended October 1, 2008, operating payment rate increase determined
47.8under paragraph (a).
47.9 (4) The October 1, 2009, through October 1, 2015, operating payment rate for
47.10facilities receiving the maximum percentage increase determined in clause (2) shall be
47.11the amount determined under paragraph (a) less the difference between the amount
47.12determined under paragraph (a) for October 1, 2008, and the amount allowed under clause
47.13(2). This rate restriction does not apply to rate increases provided in any other section.
47.14 (c) A portion of the funds received under this subdivision that are in excess of
47.15operating payment rates that a facility would have received under section256B.434 , as
47.16determined in accordance with clauses (1) to (3), shall be subject to the requirements in
47.17section256B.434, subdivision 19 , paragraphs (b) to (h).
47.18 (1) Determine the amount of additional funding available to a facility, which shall be
47.19equal to total medical assistance resident days from the most recent reporting year times
47.20the difference between the blended rate determined in paragraph (a) for the rate year being
47.21computed and the blended rate for the prior year.
47.22 (2) Determine the portion of all operating costs, for the most recent reporting year,
47.23that are compensation related. If this value exceeds 75 percent, use 75 percent.
47.24 (3) Subtract the amount determined in clause (2) from 75 percent.
47.25 (4) The portion of the fund received under this subdivision that shall be subject to
47.26the requirements in section256B.434, subdivision 19 , paragraphs (b) to (h), shall equal
47.27the amount determined in clause (1) times the amount determined in clause (3).
47.28EFFECTIVE DATE.This section is effective retroactively from October 1, 2009.
47.29 Sec. 10. Minnesota Statutes 2009 Supplement, section 256B.69, subdivision 5a,
47.30is amended to read:
47.31 Subd. 5a. Managed care contracts. (a) Managed care contracts under this section
47.32and sections256L.12 and
256D.03 , shall be entered into or renewed on a calendar year
47.33basis beginning January 1, 1996. Managed care contracts which were in effect on June
47.3430, 1995, and set to renew on July 1, 1995, shall be renewed for the period July 1, 1995
47.35through December 31, 1995 at the same terms that were in effect on June 30, 1995. The
48.1commissioner may issue separate contracts with requirements specific to services to
48.2medical assistance recipients age 65 and older.
48.3 (b) A prepaid health plan providing covered health services for eligible persons
48.4pursuant to chapters 256B, 256D, and 256L, is responsible for complying with the terms
48.5of its contract with the commissioner. Requirements applicable to managed care programs
48.6under chapters 256B, 256D, and 256L, established after the effective date of a contract
48.7with the commissioner take effect when the contract is next issued or renewed.
48.8 (c) Effective for services rendered on or after January 1, 2003, the commissioner
48.9shall withhold five percent of managed care plan payments under this section and
48.10county-based purchasing plan's payment rate under section256B.692 for the prepaid
48.11medical assistance and general assistance medical care programs pending completion of
48.12performance targets. Each performance target must be quantifiable, objective, measurable,
48.13and reasonably attainable, except in the case of a performance target based on a federal
48.14or state law or rule. Criteria for assessment of each performance target must be outlined
48.15in writing prior to the contract effective date. The managed care plan must demonstrate,
48.16to the commissioner's satisfaction, that the data submitted regarding attainment of
48.17the performance target is accurate. The commissioner shall periodically change the
48.18administrative measures used as performance targets in order to improve plan performance
48.19across a broader range of administrative services. The performance targets must include
48.20measurement of plan efforts to contain spending on health care services and administrative
48.21activities. The commissioner may adopt plan-specific performance targets that take into
48.22account factors affecting only one plan, including characteristics of the plan's enrollee
48.23population. The withheld funds must be returned no sooner than July of the following
48.24year if performance targets in the contract are achieved. The commissioner may exclude
48.25special demonstration projects under subdivision 23.
48.26 (d) Effective for services rendered on or after January 1, 2009, through December 31,
48.272009, the commissioner shall withhold three percent of managed care plan payments under
48.28this section and county-based purchasing plan payments under section256B.692 for the
48.29prepaid medical assistance and general assistance medical care programs. The withheld
48.30funds must be returned no sooner than July 1 and no later than July 31 of the following
48.31year. The commissioner may exclude special demonstration projects under subdivision 23.
48.32 The return of the withhold under this paragraph is not subject to the requirements of
48.33paragraph (c).
48.34(e) Effective for services provided on or after January 1, 2010, the commissioner
48.35shall require that managed care plans use the assessment and authorization processes,
48.36forms, timelines, standards, documentation, and data reporting requirements, protocols,
49.1billing processes, and policies consistent with medical assistance fee-for-service or the
49.2Department of Human Services contract requirements consistent with medical assistance
49.3fee-for-service or the Department of Human Services contract requirements for all
49.4personal care assistance services under section256B.0659 .
49.5(f) Effective for services rendered on or after January 1, 2010, through December
49.631, 2010, the commissioner shall withhold3.5 4.5 percent of managed care plan payments
49.7under this section and county-based purchasing plan payments under section256B.692
49.8for the prepaid medical assistance program. The withheld funds must be returned no
49.9sooner than July 1 and no later than July 31 of the following year. The commissioner may
49.10exclude special demonstration projects under subdivision 23.
49.11(g) Effective for services rendered on or after January 1, 2011, through December 31,
49.122011, the commissioner shall withholdfour 4.5 percent of managed care plan payments
49.13under this section and county-based purchasing plan payments under section256B.692
49.14for the prepaid medical assistance program. The withheld funds must be returned no
49.15sooner than July 1 and no later than July 31 of the following year. The commissioner
49.16may exclude special demonstration projects under subdivision 23. If an extension of the
49.17enhanced federal medical assistance percentage (FMAP) under Public Law 111-5, section
49.185001, is enacted before June 15, 2010, the withhold percentage stated in this paragraph
49.19shall be 4.0 percent.
49.20(h) Effective for services rendered on or after January 1, 2012, through December
49.2131, 2012, the commissioner shall withhold 4.5 percent of managed care plan payments
49.22under this section and county-based purchasing plan payments under section256B.692
49.23for the prepaid medical assistance program. The withheld funds must be returned no
49.24sooner than July 1 and no later than July 31 of the following year. The commissioner may
49.25exclude special demonstration projects under subdivision 23.
49.26(i) Effective for services rendered on or after January 1, 2013, through December 31,
49.272013, the commissioner shall withhold 4.5 percent of managed care plan payments under
49.28this section and county-based purchasing plan payments under section256B.692 for the
49.29prepaid medical assistance program. The withheld funds must be returned no sooner than
49.30July 1 and no later than July 31 of the following year. The commissioner may exclude
49.31special demonstration projects under subdivision 23.
49.32(j) Effective for services rendered on or after January 1, 2014, the commissioner
49.33shall withhold three percent of managed care plan payments under this section and
49.34county-based purchasing plan payments under section256B.692 for the prepaid medical
49.35assistance and prepaid general assistance medical care programs. The withheld funds must
50.1be returned no sooner than July 1 and no later than July 31 of the following year. The
50.2commissioner may exclude special demonstration projects under subdivision 23.
50.3(k) A managed care plan or a county-based purchasing plan under section256B.692
50.4may include as admitted assets under section
62D.044 any amount withheld under this
50.5section that is reasonably expected to be returned.
50.6(l) Contracts between the commissioner and a prepaid health plan are exempt from
50.7the set-aside and preference provisions of section16C.16, subdivisions 6 , paragraph
50.8(a), and 7.
50.9EFFECTIVE DATE.The additional withhold percentage in paragraph (f) is
50.10effective retroactively from January 1, 2010.
50.11 Sec. 11. Minnesota Statutes 2009 Supplement, section 256B.76, subdivision 1, is
50.12amended to read:
50.13 Subdivision 1. Physician reimbursement. (a) Effective for services rendered on
50.14or after October 1, 1992, the commissioner shall make payments for physician services
50.15as follows:
50.16 (1) payment for level one Centers for Medicare and Medicaid Services' common
50.17procedural coding system codes titled "office and other outpatient services," "preventive
50.18medicine new and established patient," "delivery, antepartum, and postpartum care,"
50.19"critical care," cesarean delivery and pharmacologic management provided to psychiatric
50.20patients, and level three codes for enhanced services for prenatal high risk, shall be paid
50.21at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June
50.2230, 1992. If the rate on any procedure code within these categories is different than the
50.23rate that would have been paid under the methodology in section256B.74, subdivision 2 ,
50.24then the larger rate shall be paid;
50.25 (2) payments for all other services shall be paid at the lower of (i) submitted charges,
50.26or (ii) 15.4 percent above the rate in effect on June 30, 1992; and
50.27 (3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th
50.28percentile of 1989, less the percent in aggregate necessary to equal the above increases
50.29except that payment rates for home health agency services shall be the rates in effect
50.30on September 30, 1992.
50.31 (b) Effective for services rendered on or after January 1, 2000, payment rates for
50.32physician and professional services shall be increased by three percent over the rates
50.33in effect on December 31, 1999, except for home health agency and family planning
50.34agency services. The increases in this paragraph shall be implemented January 1, 2000,
50.35for managed care.
51.1(c) Effective for services rendered on or after July 1, 2009, payment rates for
51.2physician and professional services shall be reduced by five percent, except that for the
51.3period July 1, 2009, through June 30, 2011, payments rates shall be reduced by 6.5 percent
51.4for the medical assistance and general assistance medical care programs, over the rates in
51.5effect on June 30, 2009. The additional 1.5 percent reduction in effect for the period from
51.6July 1, 2010, to June 30, 2011, does not apply to physician services billed by a psychiatrist
51.7or an advanced practice registered nurse with a specialty in mental health. This reduction
51.8does not apply to office or other outpatient visits, preventive medicine visits and family
51.9planning visits billed by physicians, advanced practice nurses, or physician assistants in a
51.10family planning agency or in one of the following primary care practices: general practice,
51.11general internal medicine, general pediatrics, general geriatrics, and family medicine. This
51.12reduction does not apply to federally qualified health centers, rural health centers, and
51.13Indian health services. Effective October 1, 2009, payments made to managed care plans
51.14and county-based purchasing plans under sections256B.69 ,
256B.692 , and
256L.12 shall
51.15reflect the payment reduction described in this paragraph.
51.16EFFECTIVE DATE.The additional rate reductions in this section are effective
51.17retroactively from July 1, 2009.
51.18 Sec. 12. Minnesota Statutes 2008, section 256B.76, subdivision 4, is amended to read:
51.19 Subd. 4. Critical access dental providers. (a) Effective for dental services rendered
51.20on or after January 1, 2002, the commissioner shall increase reimbursements to dentists
51.21and dental clinics deemed by the commissioner to be critical access dental providers.
51.22For dental services rendered on or after July 1, 2007, the commissioner shall increase
51.23reimbursement by 30 percent above the reimbursement rate that would otherwise be paid to
51.24the critical access dental provider. The commissioner shall pay the health plan companies
51.25in amounts sufficient to reflect increased reimbursements to critical access dental providers
51.26as approved by the commissioner. In determining which dentists and dental clinics shall
51.27be deemed critical access dental providers, the commissioner shall review:
51.28 (1) the utilization rate in the service area in which the dentist or dental clinic operates
51.29for dental services to patients covered by medical assistance, general assistance medical
51.30care, or MinnesotaCare as their primary source of coverage;
51.31 (2) the level of services provided by the dentist or dental clinic to patients covered
51.32by medical assistance, general assistance medical care, or MinnesotaCare as their primary
51.33source of coverage; and
51.34 (3) whether the level of services provided by the dentist or dental clinic is critical to
51.35maintaining adequate levels of patient access within the service area.
52.1In the absence of a critical access dental provider in a service area, the commissioner may
52.2designate a dentist or dental clinic as a critical access dental provider if the dentist or
52.3dental clinic is willing to provide care to patients covered by medical assistance, general
52.4assistance medical care, or MinnesotaCare at a level which significantly increases access
52.5to dental care in the service area.
52.6(b) Notwithstanding paragraph (a), critical access payments must not be made for
52.7dental services provided from April 1, 2010, to June 30, 2010
52.8EFFECTIVE DATE.This section is effective retroactively from April 1, 2010.
52.9 Sec. 13. Minnesota Statutes 2009 Supplement, section 256B.766, is amended to read:
52.10256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
52.11(a) Effective for services provided on or after July 1, 2009, total payments for basic
52.12care services, shall be reduced by three percent, except that for the period July 1, 2009,
52.13through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical
52.14assistance and general assistance medical care programs, prior to third-party liability
52.15and spenddown calculation. Payments made to managed care plans and county-based
52.16purchasing plans shall be reduced for services provided on or after October 1, 2009,
52.17to reflect this reduction.
52.18(b) This section does not apply to physician and professional services, inpatient
52.19hospital services, family planning services, mental health services, dental services,
52.20prescription drugs, medical transportation, federally qualified health centers, rural health
52.21centers, Indian health services, and Medicare cost-sharing.
52.22EFFECTIVE DATE.The additional rate reductions in this section are effective
52.23retroactively from July 1, 2009.
52.24 Sec. 14. REDUCTION OF GROUP RESIDENTIAL HOUSING
52.25SUPPLEMENTAL SERVICE RATE.
52.26Effective retroactively from November 1, 2009, through June 30, 2011, the
52.27commissioner of human services shall decrease the group residential housing (GRH)
52.28supplementary service rate under Minnesota Statutes, section 256I.05, subdivision 1a, by
52.29five percent for services rendered on or after that date, except that reimbursement rates
52.30for a GRH facility reimbursed as a nursing facility shall not be reduced. The reduction
52.31in this paragraph is in addition to the reduction under Laws 2009, chapter 79, article
52.328, section 79, paragraph (b), clause (11).
53.1EFFECTIVE DATE.This section is effective retroactively from November 1, 2009.
53.2 Sec. 15. ARTICLE EFFECTIVE DATE.
53.3This article is effective the day following final enactment. If an extension of the
53.4enhanced federal medical assistance percentage (FMAP) under Public Law 111-5, section
53.55001, to at least June 30, 2011, is enacted by June 15, 2010, and notwithstanding the
53.6immediate or retroactive effective dates for various sections of this article, reductions in
53.7this article effective on or after July 1, 2010, except for reductions to appropriations for
53.8state agency administrative costs in section 3, subdivision 2, and section 4, shall not
53.9take effect.
53.12 Section 1. Minnesota Statutes 2008, section 273.1384, subdivision 6, as added by Laws
53.132010, chapter 215, article 13, section 2, is amended to read:
53.14 Subd. 6. Credit reduction. In 2011 and each year thereafter, the market value
53.15credit reimbursement amount for each taxing jurisdiction determined under this section
53.16is reduced by the dollar amount of the reduction in market value credit reimbursements
53.17for that taxing jurisdiction in 2010 due tounallotment the reductions announced prior
53.18to February 28, 2010, under section
16A.152
53.19jurisdiction's market value credit reimbursements are reduced to less than zero under
53.20this subdivision. The commissioner of revenue shall pay the annual market value credit
53.21reimbursement amounts, after reduction under this subdivision, to the affected taxing
53.22jurisdictions as provided in this section.
53.23EFFECTIVE DATE.This section is effective for taxes payable in 2011 and
53.24thereafter.
53.25 Sec. 2. [477A.01325] 2009 AND 2010 AID REDUCTIONS.
53.26 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
53.27have the meanings given them in this subdivision.
53.28(b) The "2009 revenue base" for a statutory or home rule charter city is the sum of
53.29the city's certified property tax levy for taxes payable in 2009, plus the amount of local
53.30government aid under Minnesota Statutes, section 477A.013, subdivision 9, that the city
53.31was certified to receive in 2009, plus the amount of taconite aids under Minnesota Statutes,
53.32sections 298.28 and 298.282, that the city was certified to receive in 2009, including any
53.33amounts required to be placed in a special fund for distribution in a later year.
54.1(c) The "2009 revenue base" for a county is the sum of the county's certified
54.2property tax levy for taxes payable in 2009, plus the amount of county program aid under
54.3Minnesota Statutes, section 477A.0124, that the county was certified to receive in 2009,
54.4plus the amount of taconite aids under Minnesota Statutes, sections 298.28 and 298.282,
54.5that the county was certified to receive in 2009, including any amounts required to be
54.6placed in a special fund for distribution in a later year.
54.7(d) The "2009 revenue base" for a town is the sum of the town's certified property
54.8tax levy for taxes payable in 2009, plus the amount of aid under Minnesota Statutes,
54.9section 477A.013, that the town was certified to receive in 2009, plus the amount of
54.10taconite aids under Minnesota Statutes, section 298.28 and 298.282, that the town was
54.11certified to receive in 2009, including any amounts required to be placed in a special
54.12fund for distribution in a later year.
54.13(e) "Population" means the population of the county, city, or town for 2007 based on
54.14information available to the commissioner of revenue in July 2009.
54.15(f) "Adjusted net tax capacity" means the amount of net tax capacity for the county,
54.16city, or town, computed using equalized market values according to Minnesota Statutes,
54.17section 477A.011, subdivision 20, for aid payable in 2009.
54.18(g) "Adjusted net tax capacity per capita" means the jurisdiction's adjusted net tax
54.19capacity divided by its population.
54.20 Subd. 2. 2009 aid reductions. (a) The commissioner of revenue must compute a
54.212009 aid reduction amount for each county.
54.22The aid reduction amount is zero for a county with a population of less than 5,000,
54.23and is zero for a county containing the Shooting Star Casino property that was removed
54.24from the tax rolls in 2009.
54.25For all other counties, the aid reduction amount is equal to 1.188968672 percent of
54.26the county's 2009 revenue base.
54.27The reduction amount is limited to the sum of the amount of county program aid
54.28under Minnesota Statutes, section 477A.0124, that the county was certified to receive in
54.292009, plus the amount of market value credit reimbursements under Minnesota Statutes,
54.30section 273.1384, payable to the county in 2009 before the reductions in this section.
54.31The reduction amount is applied first to reduce the amount payable to the county
54.32in 2009 as county program aid under Minnesota Statutes, section 477A.013, and then,
54.33if necessary, to reduce the amount payable to the county in 2009 as market value credit
54.34reimbursements under Minnesota Statutes, section 273.1384.
54.35No county's aid or reimbursements are reduced to less than zero under this section.
55.1(b) The commissioner of revenue must compute a 2009 aid reduction amount for
55.2each city.
55.3The aid reduction amount is zero for any city with a population of less than 1,000
55.4that has an adjusted net tax capacity per capita amount less than the statewide average
55.5adjusted net tax capacity amount per capita for all cities. The aid reduction amount is
55.6also zero for a city located outside the seven-county metropolitan area, with a 2006
55.7population greater than 3,500, a pre-1940 housing percentage greater than 29 percent,
55.8a commercial-industrial percentage less than nine percent, and a population decline
55.9percentage of zero based on the data used to certify the 2009 local government aid
55.10distribution under Minnesota Statutes, section 477A.013.
55.11For all other cities, the aid reduction amount is equal to 3.3127634 percent of the
55.12city's 2009 revenue base.
55.13The reduction amount is limited to the sum of the amount of local government aid
55.14under Minnesota Statutes, section 477A.013, subdivision 9, that the city was certified to
55.15receive in 2009, plus the amount of market value credit reimbursements under Minnesota
55.16Statutes, section 273,1384, payable to the city in 2009 before the reductions in this section.
55.17The reduction amount for a city is further limited to $22 per capita.
55.18The reduction amount is applied first to reduce the amount payable to the city in
55.192009 as local government aid under Minnesota Statutes, section 477A.013, and then,
55.20if necessary, to reduce the amount payable to the city in 2009 as market value credit
55.21reimbursements under Minnesota Statutes, section 273.1384.
55.22No city's aid or reimbursements are reduced to less than zero under this section.
55.23(c) The commissioner of revenue must compute a 2009 aid reduction amount for
55.24each town.
55.25The aid reduction amount is zero for any town with a population of less than 1,000
55.26that has an adjusted net tax capacity per capita amount less than the statewide average
55.27adjusted net tax capacity amount per capita for all towns.
55.28For all other towns, the aid reduction amount is equal to 1.735103 percent of the
55.29town's 2009 revenue base.
55.30The reduction amount is limited to $5 per capita.
55.31The reduction amount is applied to reduce the amount payable to the town in 2009
55.32as market value credit reimbursements under Minnesota Statutes, section 273.1384.
55.33No town's reimbursements are reduced to less than zero under this section.
55.34 Subd. 3. 2010 aid reductions. (a) The commissioner of revenue must compute a
55.352010 aid reduction amount for each county.
56.1The aid reduction amount is zero for a county with a population of less than 5,000,
56.2and is zero for a county containing the Shooting Star Casino property that was removed
56.3from the tax rolls in 2009.
56.4For all other counties, the aid reduction amount is equal to 2.41396687 percent of
56.5the county's 2009 revenue base.
56.6The reduction amount is limited to the sum of the amount of county program aid
56.7under Minnesota Statutes, section 477A.0124, that the county was certified to receive in
56.82009, plus the amount of market value credit reimbursements under Minnesota Statutes,
56.9section 273.1384, payable to the county in 2009 before the reductions in this section.
56.10The reduction amount is applied first to reduce the amount payable to the county
56.11in 2010 as county program aid under Minnesota Statutes, section 477A.013, and then,
56.12if necessary, to reduce the amount payable to the county in 2010 as market value credit
56.13reimbursements under Minnesota Statutes, section 273.1384.
56.14No county's aid or reimbursements are reduced to less than zero under this section.
56.15(b) The commissioner of revenue must compute a 2010 aid reduction amount for
56.16each city.
56.17The aid reduction amount is zero for any city with a population of less than 1,000
56.18that has an adjusted net tax capacity per capita amount less than the statewide average
56.19adjusted net tax capacity amount per capita for all cities.
56.20For all other cities, the aid reduction amount is equal to 7.643803025 percent of the
56.21city's 2009 revenue base.
56.22The reduction amount is limited to the sum of the amount of local government aid
56.23under Minnesota Statutes, section 477A.013, subdivision 9, that the city was certified to
56.24receive in 2010, plus the amount of market value credit reimbursements under Minnesota
56.25Statutes, section 273.1384, payable to the city in 2010 before the reductions in this section.
56.26The reduction amount for a city is further limited to $55 per capita.
56.27The reduction amount is applied first to reduce the amount payable to the city in
56.282010 as local government aid under Minnesota Statutes, section 477A.013, and then,
56.29if necessary, to reduce the amount payable to the city in 2010 as market value credit
56.30reimbursements under Minnesota Statutes, section 273.1384.
56.31No city's aid or reimbursements are reduced to less than zero under this section.
56.32(c) The commissioner of revenue must compute a 2010 aid reduction amount for
56.33each town.
56.34The aid reduction amount is zero for any town with a population of less than 1,000
56.35that has an adjusted net tax capacity per capita amount less than the statewide average
56.36adjusted net tax capacity amount per capita for all towns.
57.1For all other towns, the aid reduction amount is equal to 3.660798 percent of the
57.2town's 2009 revenue base.
57.3The reduction amount is limited to $10 per capita.
57.4The reduction amount is applied to reduce the amount payable to the town in 2010
57.5as market value credit reimbursements under Minnesota Statutes, section 273.1384.
57.6No town's reimbursements are reduced to less than zero under this section.
57.7EFFECTIVE DATE.This section is effective the day following final enactment
57.8and is retroactive for aids and credit reimbursements payable in 2009.
57.9 Sec. 3. Laws 2010, chapter 215, article 13, section 6, is amended to read:
57.10 Sec. 6. 477A.0133 ADDITIONAL 2010 AID AND CREDIT REDUCTIONS.
57.11 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
57.12have the meanings given them in this subdivision.
57.13(b) The "2010 revenue base" for a county is the sum of the county's certified property
57.14tax levy for taxes payable in 2010, plus the amount of county program aid under section
57.15477A.0124
that the county was certified to receive in 2010, plus the amount of taconite
57.16aids under sections298.28 and
298.282 that the county was certified to receive in 2010
57.17including any amounts required to be placed in a special fund for distribution in a later year.
57.18(c) The "2010 revenue base" for a statutory or home rule charter city is the sum of
57.19the city's certified property tax levy for taxes payable in 2010, plus the amount of local
57.20government aid under section477A.013, subdivision 9 , that the city was certified to
57.21receive in 2010, plus the amount of taconite aids under sections298.28 and
298.282 that
57.22the city was certified to receive in 2010 including any amounts required to be placed in a
57.23special fund for distribution in a later year.
57.24 Subd. 2. 2010 reductions; counties and cities. The commissioner of revenue
57.25must compute additional 2010 aid and credit reimbursement reduction amounts for each
57.26county and city under this section, after implementing any reduction of county program
57.27aid under section477A.0124 , local government aid under section
477A.013 , or market
57.28value credit reimbursements under section273.1384 , to reflect the reduction of allotments
57.29under section
16A.152
57.30The additional reduction amounts under this section are limited to the sum of the
57.31amount of county program aid under section477A.0124 , local government aid under
57.32section477A.013 , and market value credit reimbursements under section
273.1384
57.33payable to the county or city in 2010 before the reductions in this section, but after the
57.34reductionsfor unallotments under section 477A.01325.
58.1The reduction amount under this section is applied first to reduce the amount
58.2payable to the county or city in 2010 as market value credit reimbursements under section
58.3273.1384
, and then if necessary, to reduce the amount payable as either county program
58.4aid under section477A.0124 in the case of a county, or local government aid under section
58.5477A.013
in the case of a city.
58.6No aid or reimbursement amount is reduced to less than zero under this section.
58.7The additional 2010 aid reduction amount for a county is equal to 1.82767 percent
58.8of the county's 2010 revenue base. The additional 2010 aid reduction amount for a city
58.9is equal to the lesser of (1) 3.4287 percent of the city's 2010 revenue base or (2) $28
58.10multiplied by the city's 2008 population.
58.11EFFECTIVE DATE.This section is effective the day following final enactment.
58.12 Sec. 4. REFUNDS AND CREDITS.
58.13 Subdivision 1. Political contribution credit. Notwithstanding the provisions of
58.14Minnesota Statutes, section 290.06, subdivision 23, or any other law to the contrary, the
58.15political contribution refund does not apply to contributions made after June 30, 2009,
58.16and before July 1, 2011.
58.17 Subd. 2. Property tax refund. For property tax refunds based on rent paid during
58.18calendar year 2009 only (but also applying to refunds based on property taxes payable in
58.192010 that include gross rent paid in 2009), the following rules apply:
58.20(1) "rent constituting property taxes" must be calculated by substituting "15 percent"
58.21for "19 percent" under Minnesota Statutes, section 290A.03, subdivision 11; and
58.22(2) "property taxes payable" must be calculated under Minnesota Statutes, section
58.23290A.03, subdivision 13, by substituting "15 percent" for "19 percent" in determining the
58.24portion of gross rent paid that is included in property taxes payable.
58.25 Subd. 3. Sustainable forest incentive program. The maximum sustainable forest
58.26incentive program payments under Minnesota Statutes, section 290C.07, per each Social
58.27Security number or state or federal business tax identification number must not exceed
58.28$100,000. The provisions of this subdivision apply only to payments made during fiscal
58.29years 2010 and 2011.
58.30EFFECTIVE DATE.This section is effective the day following final enactment.
58.31 Sec. 5. LEVY VALIDATION.
59.1Any special levy under Minnesota Statutes, section 275.70, subdivision 5, clause
59.2(22), approved by the commissioner of revenue for taxes payable in 2010, is validated
59.3notwithstanding a later judicial decision that may affect the validity of unallotments that
59.4were announced in 2009. A local government may not levy under Minnesota Statutes,
59.5section 275.70, subdivision 5, clause (22) for taxes payable in 2011 for any retroactive
59.6reduction in aid and credit reimbursements for aids and credits payable in 2008 or 2009.
59.7EFFECTIVE DATE.This section is effective the day following final enactment.
59.10 Section 1. Minnesota Statutes 2008, section 3.9741, subdivision 2, is amended to read:
59.11 Subd. 2. Postsecondary Education Board. The legislative auditor may enter into
59.12an interagency agreement with the Board of Trustees of the Minnesota State Colleges and
59.13Universities to conduct financial audits, in addition to audits conducted under section
59.143.972, subdivision 2
. All payments received for audits requested by the board shall be
59.15added to the appropriation for deposited in the special revenue fund and appropriated to
59.16the legislative auditor to pay audit expenses.
59.17 Sec. 2. Minnesota Statutes 2008, section 8.15, subdivision 3, is amended to read:
59.18 Subd. 3. Agreements. (a) To facilitate the delivery of legal services, the attorney
59.19general may:
59.20(1) enter into agreements with executive branch agencies, political subdivisions, or
59.21quasi-state agencies to provide legal services for the benefit of the citizens of Minnesota;
59.22and
59.23(2) in addition to funds otherwise appropriated by the legislature, accept and spend
59.24funds received under any agreement authorized in clause (1) for the purpose set forth in
59.25clause (1), subject to a report of receipts to the chairs of the senate Finance Committee and
59.26the house of representatives Ways and Means Committee by October 15 each year.
59.27(b) When entering into an agreement for legal services, the attorney general must
59.28notify the committees responsible for funding the Office of the Attorney General. When
59.29the attorney general enters into an agreement with a state agency, the attorney general
59.30must also notify the committees responsible for funding that agency.
59.31Funds received under this subdivision must be deposited inthe general an account in
59.32the special revenue fund and are appropriated to the attorney general for the purposes set
59.33forth in this subdivision.
60.1 Sec. 3. Minnesota Statutes 2008, section 13.03, subdivision 10, is amended to read:
60.2 Subd. 10. Costs for providing copies of data. Money may be collected by a
60.3responsible authority in a state agency for the actual cost to the agency of providing
60.4copies or electronic transmittal of government datais appropriated to the agency and
60.5added to the appropriations from which the costs were paid. When money collected for
60.6purposes in this subdivision is of a magnitude sufficient to warrant a separate account in
60.7the state treasury, that money must be deposited in a fund other than the general fund
60.8and is appropriated to the agency.
60.9 Sec. 4. Minnesota Statutes 2008, section 16C.23, subdivision 6, is amended to read:
60.10 Subd. 6. State surplus property. The commissioner may do any of the following to
60.11dispose of state surplus property:
60.12(1) transfer it to or between state agencies;
60.13(2) transfer it to a governmental unit or nonprofit organization in Minnesota; or
60.14(3) sell it and charge a fee to cover expenses incurred by the commissioner in the
60.15disposal of the surplus property.
60.16The proceeds of the sale less the fee must be deposited in an account in a fund other
60.17than the general fund and are appropriated to the agency for whose account the sale was
60.18made, to be used and expended by that agency to purchase similar state property.
60.19 Sec. 5. Minnesota Statutes 2008, section 103B.101, subdivision 9, is amended to read:
60.20 Subd. 9. Powers and duties. In addition to the powers and duties prescribed
60.21elsewhere, the board shall:
60.22(1) coordinate the water and soil resources planning activities of counties, soil and
60.23water conservation districts, watershed districts, watershed management organizations,
60.24and any other local units of government through its various authorities for approval of
60.25local plans, administration of state grants, and by other means as may be appropriate;
60.26(2) facilitate communication and coordination among state agencies in cooperation
60.27with the Environmental Quality Board, and between state and local units of government,
60.28in order to make the expertise and resources of state agencies involved in water and soil
60.29resources management available to the local units of government to the greatest extent
60.30possible;
60.31(3) coordinate state and local interests with respect to the study in southwestern
60.32Minnesota under United States Code, title 16, section 1009;
61.1(4) develop information and education programs designed to increase awareness
61.2of local water and soil resources problems and awareness of opportunities for local
61.3government involvement in preventing or solving them;
61.4(5) provide a forum for the discussion of local issues and opportunities relating
61.5to water and soil resources management;
61.6(6) adopt an annual budget and work program that integrate the various functions
61.7and responsibilities assigned to it by law; and
61.8(7) report to the governor and the legislature by October 15 of each even-numbered
61.9year with an assessment of board programs and recommendations for any program
61.10changes and board membership changes necessary to improve state and local efforts
61.11in water and soil resources management.
61.12The board may accept grants, gifts, donations, or contributions in money, services,
61.13materials, or otherwise from the United States, a state agency, or other source to achieve
61.14an authorized purpose. The board may enter into a contract or agreement necessary or
61.15appropriate to accomplish the transfer. The board may receive and expend money to
61.16acquire conservation easements, as defined in chapter 84C, on behalf of the state and
61.17federal government consistent with the Camp Ripley's Army Compatible Use Buffer
61.18Project.
61.19Any money received is hereby deposited in an account in a fund other than the
61.20general fund and appropriated and dedicated for the purpose for which it is granted.
61.21 Sec. 6. Minnesota Statutes 2008, section 103I.681, subdivision 11, is amended to read:
61.22 Subd. 11. Permit fee schedule. (a) The commissioner of natural resources shall
61.23adopt a permit fee schedule under chapter 14. The schedule may provide minimum fees
61.24for various classes of permits, and additional fees, which may be imposed subsequent
61.25to the application, based on the cost of receiving, processing, analyzing, and issuing
61.26the permit, and the actual inspecting and monitoring of the activities authorized by the
61.27permit, including costs of consulting services.
61.28(b) A fee may not be imposed on a state or federal governmental agency applying
61.29for a permit.
61.30(c) The fee schedule may provide for the refund of a fee, in whole or in part, under
61.31circumstances prescribed by the commissioner of natural resources. Fees received must
61.32be deposited in the state treasury and credited tothe general an account in the natural
61.33resources fund. Permit fees received are appropriated annually from thegeneral natural
61.34resources fund to the commissioner of natural resources for the costs of inspecting and
61.35monitoring the activities authorized by the permit, including costs of consulting services.
62.1 Sec. 7. Minnesota Statutes 2008, section 116J.551, subdivision 1, is amended to read:
62.2 Subdivision 1. Grant account. A contaminated site cleanup and development grant
62.3account is created in thegeneral special revenue fund. Money in the account may be used,
62.4as appropriated by law, to make grants as provided in section116J.554 and to pay for the
62.5commissioner's costs in reviewing applications and making grants. Notwithstanding
62.6section16A.28 , money appropriated to the account for this program from any source
62.7is available until spent.
62.8 Sec. 8. Minnesota Statutes 2008, section 190.32, is amended to read:
62.9190.32 FEDERAL REIMBURSEMENT RECEIPTS.
62.10The Department of Military Affairs may deposit federal reimbursement receipts into
62.11the general fund an account in the special revenue fund, maintenance of military training
62.12facilities. These receipts are for services, supplies, and materials initially purchased by the
62.13Camp Ripley maintenance account.
62.14 Sec. 9. Minnesota Statutes 2008, section 257.69, subdivision 2, is amended to read:
62.15 Subd. 2. Guardian; legal fees. (a) The court may order expert witness and guardian
62.16ad litem fees and other costs of the trial and pretrial proceedings, including appropriate
62.17tests, to be paid by the parties in proportions and at times determined by the court. The
62.18court shall require a party to pay part of the fees of court-appointed counsel according
62.19to the party's ability to pay, but if counsel has been appointed the appropriate agency
62.20shall pay the party's proportion of all other fees and costs. The agency responsible for
62.21child support enforcement shall pay the fees and costs for blood or genetic tests in a
62.22proceeding in which it is a party, is the real party in interest, or is acting on behalf of the
62.23child. However, at the close of a proceeding in which paternity has been established under
62.24sections257.51 to
257.74 , the court shall order the adjudicated father to reimburse the
62.25public agency, if the court finds he has sufficient resources to pay the costs of the blood or
62.26genetic tests. When a party bringing an action is represented by the county attorney, no
62.27filing fee shall be paid to the court administrator.
62.28(b) In each fiscal year, the commissioner of management and budget shall deposit
62.29guardian ad litem reimbursements in thegeneral special revenue fund and credit them to a
62.30separate account with the trial courts. The balance of this account is appropriated to the
62.31trial courts and does not cancel but is available until expended. Expenditures by the state
62.32court administrator's office from this account must be based on the amount of the guardian
62.33ad litem reimbursements received by the state from the courts in each judicial district.
63.1 Sec. 10. Minnesota Statutes 2008, section 260C.331, subdivision 6, is amended to read:
63.2 Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a
63.3guardian ad litem pursuant to section260C.163, subdivision 5, clause (a) , the court may
63.4inquire into the ability of the parents to pay for the guardian ad litem's services and,
63.5after giving the parents a reasonable opportunity to be heard, may order the parents to
63.6pay guardian fees.
63.7(b) In each fiscal year, the commissioner of management and budget shall deposit
63.8guardian ad litem reimbursements in thegeneral special revenue fund and credit them to a
63.9separate account with the trial courts. The balance of this account is appropriated to the
63.10trial courts and does not cancel but is available until expended. Expenditures by the state
63.11court administrator's office from this account must be based on the amount of the guardian
63.12ad litem reimbursements received by the state from the courts in each judicial district.
63.13 Sec. 11. Minnesota Statutes 2009 Supplement, section 270.97, is amended to read:
63.14270.97 DEPOSIT OF REVENUES.
63.15The commissioner shall deposit all revenues derived from the tax, interest, and
63.16penalties received from the county in the contaminated site cleanup and development
63.17account in thegeneral special revenue fund and is annually appropriated to the
63.18commissioner of the Department of Employment and Economic Development, for the
63.19purposes of section116J.551 .
63.20 Sec. 12. Minnesota Statutes 2008, section 299C.48, is amended to read:
63.21299C.48 CONNECTION BY AUTHORIZED AGENCY; FEE,
63.22APPROPRIATION.
63.23(a) An agency authorized under section299C.46, subdivision 3 , may connect with
63.24and participate in the criminal justice data communications network upon approval
63.25of the commissioner of public safety; provided, that the agency shall first agree to pay
63.26installation charges as may be necessary for connection and monthly operational charges
63.27as may be established by the commissioner of public safety. Before participation by a
63.28criminal justice agency may be approved, the agency must have executed an agreement
63.29with the commissioner providing for security of network facilities and restrictions on
63.30access to data supplied to and received through the network.
63.31(b) In addition to any fee otherwise authorized, the commissioner of public safety
63.32shall impose a fee for providing secure dial-up or Internet access for criminal justice
63.33agencies and noncriminal justice agencies. The following monthly fees apply:
63.34(1) criminal justice agency accessing via Internet, $15;
64.1(2) criminal justice agency accessing via dial-up, $35;
64.2(3) noncriminal justice agency accessing via Internet, $35; and
64.3(4) noncriminal justice agency accessing via dial-up, $35.
64.4(c) The installation and monthly operational charges collected by the commissioner
64.5of public safety under paragraphs (a) and (b) must be deposited in an account in the special
64.6revenue fund and are annually appropriated to the commissioner to administer sections
64.7299C.46
to
299C.50 .
64.8 Sec. 13. Minnesota Statutes 2008, section 299E.02, is amended to read:
64.9299E.02 CONTRACT SERVICES; APPROPRIATION.
64.10Fees charged for contracted security services provided by the Capitol Complex
64.11Security Division of the Department of Public Safety must be deposited in an account in
64.12the special revenue fund and are annually appropriated to the commissioner of public
64.13safety to administer and provide these services.
64.14 Sec. 14. Minnesota Statutes 2008, section 446A.086, subdivision 2, as amended by
64.15Laws 2010, chapter 290, section 14, is amended to read:
64.16 Subd. 2. Application. (a) This section provides a state guarantee of the payment of
64.17principal and interest on debt obligations if:
64.18 (1) the obligations are issued for new projects and are not issued for the purposes of
64.19refunding previous obligations;
64.20 (2) application to the Public Facilities Authority is made before issuance; and
64.21 (3) the obligations are covered by an agreement meeting the requirements of
64.22subdivision 3.
64.23 (b) Applications to be covered by the provisions of this section must be made in a
64.24form and contain the information prescribed by the authority. Applications are subject to
64.25either a fee of $500 for each bond issue requested by a county or governmental unit or the
64.26applicable fees under section446A.087 .
64.27 (c) Application fees paid under this section must be deposited in a separate credit
64.28enhancement bond guarantee account in thegeneral special revenue fund. Money in the
64.29credit enhancement bond guarantee account is appropriated to the authority for purposes
64.30of administering this section.
64.31 (d) Neither the authority nor the commissioner is required to promulgate
64.32administrative rules under this section and the procedures and requirements established by
64.33the authority or commissioner under this section are not subject to chapter 14.
65.1 Sec. 15. Minnesota Statutes 2008, section 469.177, subdivision 11, is amended to read:
65.2 Subd. 11. Deduction for enforcement costs; appropriation. (a) The county
65.3treasurer shall deduct an amount equal to 0.25 percent of any increment distributed to an
65.4authority or municipality. The county treasurer shall pay the amount deducted to the
65.5commissioner of management and budget for deposit inthe state general an account in
65.6the special revenue fund.
65.7(b) The amounts deducted and paid under paragraph (a) are appropriated to the state
65.8auditor for the cost of (1) the financial reporting of tax increment financing information
65.9and (2) the cost of examining and auditing of authorities' use of tax increment financing
65.10as provided under section469.1771, subdivision 1 . Notwithstanding section
16A.28 or
65.11any other law to the contrary, this appropriation does not cancel and remains available
65.12until spent.
65.13(c) For taxes payable in 2002 and thereafter, the commissioner of revenue shall
65.14increase the percent in paragraph (a) to a percent equal to the product of the percent in
65.15paragraph (a) and the amount that the statewide tax increment levy for taxes payable in
65.162002 would have been without the class rate changes in this act and the elimination of
65.17the general education levy in this act divided by the statewide tax increment levy for
65.18taxes payable in 2002.
65.19 Sec. 16. Minnesota Statutes 2008, section 518.165, subdivision 3, is amended to read:
65.20 Subd. 3. Fees. (a) A guardian ad litem appointed under either subdivision 1 or 2
65.21may be appointed either as a volunteer or on a fee basis. If a guardian ad litem is appointed
65.22on a fee basis, the court shall enter an order for costs, fees, and disbursements in favor
65.23of the child's guardian ad litem. The order may be made against either or both parties,
65.24except that any part of the costs, fees, or disbursements which the court finds the parties
65.25are incapable of paying shall be borne by the state courts. The costs of court-appointed
65.26counsel to the guardian ad litem shall be paid by the county in which the proceeding is
65.27being held if a party is incapable of paying for them. Until the recommendations of the
65.28task force created in Laws 1999, chapter 216, article 7, section 42, are implemented, the
65.29costs of court-appointed counsel to a guardian ad litem in the Eighth Judicial District shall
65.30be paid by the state courts if a party is incapable of paying for them. In no event may the
65.31court order that costs, fees, or disbursements be paid by a party receiving public assistance
65.32or legal assistance or by a party whose annual income falls below the poverty line as
65.33established under United States Code, title 42, section 9902(2).
65.34(b) In each fiscal year, the commissioner of management and budget shall deposit
65.35guardian ad litem reimbursements in thegeneral special revenue fund and credit them to a
66.1separate account with the trial courts. The balance of this account is appropriated to the
66.2trial courts and does not cancel but is available until expended. Expenditures by the state
66.3court administrator's office from this account must be based on the amount of the guardian
66.4ad litem reimbursements received by the state from the courts in each judicial district.
66.5 Sec. 17. Minnesota Statutes 2008, section 609.3241, is amended to read:
66.6609.3241 PENALTY ASSESSMENT AUTHORIZED.
66.7When a court sentences an adult convicted of violating section609.322 or
609.324 ,
66.8while acting other than as a prostitute, the court shall impose an assessment of not less
66.9than $250 and not more than $500 for a violation of section609.324, subdivision 2 , or a
66.10misdemeanor violation of section609.324, subdivision 3 ; otherwise the court shall impose
66.11an assessment of not less than $500 and not more than $1,000. The mandatory minimum
66.12portion of the assessment is to be used for the purposes described in section626.558,
66.13subdivision 2a , and is in addition to the surcharge required by section
357.021, subdivision
66.146 . Any portion of the assessment imposed in excess of the mandatory minimum amount
66.15shall beforwarded to the general deposited in an account in the special revenue fund and
66.16is appropriated annually to the commissioner of public safety. The commissioner, with the
66.17assistance of the General Crime Victims Advisory Council, shall use money received under
66.18this section for grants to agencies that provide assistance to individuals who have stopped
66.19or wish to stop engaging in prostitution. Grant money may be used to provide these
66.20individuals with medical care, child care, temporary housing, and educational expenses.
66.21 Sec. 18. Minnesota Statutes 2008, section 611.20, subdivision 3, is amended to read:
66.22 Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
66.23and budget shall deposit the payments in thegeneral special revenue fund and credit them
66.24to a separate account with the Board of Public Defense. The amount credited to this
66.25account is appropriated to the Board of Public Defense.
66.26The balance of this account does not cancel but is available until expended.
66.27Expenditures by the board from this account for each judicial district public defense office
66.28must be based on the amount of the payments received by the state from the courts in
66.29each judicial district. A district public defender's office that receives money under this
66.30subdivision shall use the money to supplement office overhead payments to part-time
66.31attorneys providing public defense services in the district. By January 15 of each year,
66.32the Board of Public Defense shall report to the chairs and ranking minority members of
66.33the senate and house of representatives divisions having jurisdiction over criminal justice
66.34funding on the amount appropriated under this subdivision, the number of cases handled
67.1by each district public defender's office, the number of cases in which reimbursements
67.2were ordered, the average amount of reimbursement ordered, and the average amount of
67.3money received by part-time attorneys under this subdivision.
67.4 Sec. 19. Laws 1994, chapter 531, section 1, is amended to read:
67.5 Section 1. SALE OF WILDLIFE LANDS.
67.6 Notwithstanding Minnesota Statutes, sections84.027, subdivision 10 ;
92.45 ;
94.09
67.7to94.165 ;
97A.135 ;
103F.535 , or any other law, the commissioner of administration may
67.8sell lands located in the Gordy Yaeger wildlife management area in Olmsted county. The
67.9consideration for the lands described in sections 2 and 3 shall be $950 per acre. The
67.10conveyances shall be byguitclaim quitclaim deed in a form approved by the attorney
67.11general and shall reserve to the state all minerals and mineral rights. The proceeds received
67.12from the sales are to be deposited in an account in thegeneral natural resources fund and
67.13are appropriated to the commissioner of natural resources for acquisition of replacement
67.14wildlife management area lands. These sales are pursuant to the recommendation of the
67.15Gordy Yaeger wildlife management area advisory committee.
67.18 Section 1. Minnesota Statutes 2009 Supplement, section 290.06, subdivision 2c,
67.19is amended to read:
67.20 Subd. 2c. Schedules of rates for individuals, estates, and trusts. (a) The income
67.21taxes imposed by this chapter upon married individuals filing joint returns and surviving
67.22spouses as defined in section 2(a) of the Internal Revenue Code must be computed by
67.23applying to their taxable net income the following schedule of rates:
67.24 (1) On the first$25,680 $33,280,
5.35 percent;
67.25 (2) On all over$25,680 $33,280, but not over $102,030 $132,220,
7.05 percent;
67.26 (3) On all over$102,030 $132,220, but not over $200,000,
7.85 percent.;
67.27 (4) On all over $200,000, 9.15 percent.
67.28 Married individuals filing separate returns, estates, and trusts must compute their
67.29income tax by applying the above rates to their taxable income, except that the income
67.30brackets will be one-half of the above amounts.
67.31 (b) The income taxes imposed by this chapter upon unmarried individuals must be
67.32computed by applying to taxable net income the following schedule of rates:
67.33 (1) On the first$17,570 $22,770,
5.35 percent;
67.34 (2) On all over$17,570 $22,770, but not over $57,710 $74,780,
7.05 percent;
68.1 (3) On all over$57,710 $74,780, but not over $113,110,
7.85 percent.;
68.2 (4) On all over $113,110, 9.15 percent.
68.3 (c) The income taxes imposed by this chapter upon unmarried individuals qualifying
68.4as a head of household as defined in section 2(b) of the Internal Revenue Code must be
68.5computed by applying to taxable net income the following schedule of rates:
68.6 (1) On the first$21,630 $28,030,
5.35 percent;
68.7 (2) On all over$21,630 $28,030, but not over $86,910 $112,620,
7.05 percent;
68.8 (3) On all over$86,910 $112,620, but not over $170,350,
7.85 percent.;
68.9 (4) On all over $170,350, 9.15 percent.
68.10 (d) In lieu of a tax computed according to the rates set forth in this subdivision, the
68.11tax of any individual taxpayer whose taxable net income for the taxable year is less than
68.12an amount determined by the commissioner must be computed in accordance with tables
68.13prepared and issued by the commissioner of revenue based on income brackets of not
68.14more than $100. The amount of tax for each bracket shall be computed at the rates set
68.15forth in this subdivision, provided that the commissioner may disregard a fractional part of
68.16a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.
68.17 (e) An individual who is not a Minnesota resident for the entire year must compute
68.18the individual's Minnesota income tax as provided in this subdivision. After the
68.19application of the nonrefundable credits provided in this chapter, the tax liability must
68.20then be multiplied by a fraction in which:
68.21 (1) the numerator is the individual's Minnesota source federal adjusted gross income
68.22as defined in section 62 of the Internal Revenue Code and increased by the additions
68.23required under section290.01, subdivision 19a , clauses (1), (5), (6), (7), (8), (9), (12),
68.24(13), (16), and (17), and reduced by the Minnesota assignable portion of the subtraction
68.25for United States government interest under section290.01, subdivision 19b , clause
68.26(1), and the subtractions under section290.01, subdivision 19b , clauses (9), (10), (14),
68.27(15), (16), and (18), after applying the allocation and assignability provisions of section
68.28290.081
, clause (a), or
290.17 ; and
68.29 (2) the denominator is the individual's federal adjusted gross income as defined in
68.30section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in
68.31section290.01, subdivision 19a , clauses (1), (5), (6), (7), (8), (9), (12), (13), (16), and (17),
68.32and reduced by the amounts specified in section290.01, subdivision 19b , clauses (1), (9),
68.33(10), (14), (15), (16), and (18).
68.34 (f) For taxable years beginning after December 31, 2013, the maximum tax rate
68.35under this section is 7.85 percent, if the commissioner of management and budget
69.1estimates in the February 2013 economic forecast that the unrestricted general fund
69.2balance at the end of fiscal year 2013 equals or exceeds $500,000,000.
69.3EFFECTIVE DATE.This section is effective for taxable years beginning after
69.4December 31, 2009.
69.5 Sec. 2. Minnesota Statutes 2008, section 290.06, subdivision 2d, is amended to read:
69.6 Subd. 2d. Inflation adjustment of brackets. (a) For taxable years beginning after
69.7December 31,2000 2010, the minimum and maximum dollar amounts for each rate
69.8bracket for which a tax is imposed in subdivision 2c shall be adjusted for inflation by the
69.9percentage determined under paragraph (b). For the purpose of making the adjustment as
69.10provided in this subdivision all of the rate brackets provided in subdivision 2c shall be the
69.11rate brackets as they existed for taxable years beginning after December 31,1999 2009,
69.12and before January 1,2001 2011. The rate applicable to any rate bracket must not be
69.13changed. The dollar amounts setting forth the tax shall be adjusted to reflect the changes
69.14in the rate brackets. The rate brackets as adjusted must be rounded to the nearest $10
69.15amount. If the rate bracket ends in $5, it must be rounded up to the nearest $10 amount.
69.16 (b) The commissioner shall adjust the rate brackets and by the percentage determined
69.17pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in
69.18section 1(f)(3)(B) the word"1999" "2009" shall be substituted for the word "1992." For
69.192001 2011, the commissioner shall then determine the percent change from the 12 months
69.20ending on August 31,1999 2009, to the 12 months ending on August 31, 2000 2010, and
69.21in each subsequent year, from the 12 months ending on August 31,1999 2009, to the 12
69.22months ending on August 31 of the year preceding the taxable year. The determination of
69.23the commissioner pursuant to this subdivision shall not be considered a "rule" and shall
69.24not be subject to the Administrative Procedure Act contained in chapter 14.
69.25 No later than December 15 of each year, the commissioner shall announce the
69.26specific percentage that will be used to adjust the tax rate brackets.
69.27EFFECTIVE DATE.This section is effective for taxable years beginning after
69.28December 31, 2009.
69.29 Sec. 3. ACCELERATED REINSTATEMENT OF PHASEOUT OF PERSONAL
69.30AND DEPENDENT EXEMPTIONS AND LIMITATION OF ITEMIZED
69.31DEDUCTIONS.
69.32In determining net taxable income under Minnesota Statutes, section 290.01, for
69.33taxable years beginning after December 31, 2009, and before January 1, 2011, sections 102
70.1and 103 of Public Law 107-16, relating to the repeal of phaseout of personal exemptions
70.2and the phaseout of overall limitation on itemized deductions, do not apply.
70.3EFFECTIVE DATE.This section is effective the day following final enactment."
70.4Delete the title and insert:
70.6relating to the state budget; balancing proposed general fund spending and
70.7anticipated general fund revenue; modifying certain payment schedules to
70.8improve cash flow; making reductions in appropriations for E-12 education,
70.9higher education, environment and natural resources, energy and commerce,
70.10agriculture, economic development, transportation, public safety, state
70.11government, human services, and health; modifying calculation of state tax aids
70.12and credits; providing for deposit of certain receipts in the special revenue
70.13fund rather than the general fund; adding a fourth tier to income tax rates;
70.14appropriating money;amending Minnesota Statutes 2008, sections 3.9741,
70.15subdivision 2; 8.15, subdivision 3; 13.03, subdivision 10; 16C.23, subdivision
70.166; 103B.101, subdivision 9; 103I.681, subdivision 11; 116J.551, subdivision 1;
70.17123B.75, subdivisions 5, 9, by adding a subdivision; 126C.48, subdivision 7;
70.18127A.441; 127A.45, subdivision 2; 127A.46; 190.32; 256B.76, subdivision
70.194; 257.69, subdivision 2; 260C.331, subdivision 6; 273.1384, subdivision 6,
70.20as added; 276.112; 289A.60, by adding a subdivision; 290.06, subdivision 2d;
70.21299C.48; 299E.02; 446A.086, subdivision 2, as amended; 469.177, subdivision
70.2211; 518.165, subdivision 3; 609.3241; 611.20, subdivision 3; Minnesota Statutes
70.232009 Supplement, sections 123B.54; 137.025, subdivision 1; 256B.056,
70.24subdivision 3c; 256B.0659, subdivision 11; 256B.441, subdivision 55; 256B.69,
70.25subdivision 5a; 256B.76, subdivision 1; 256B.766; 270.97; 289A.20, subdivision
70.264; 290.06, subdivision 2c; Laws 1994, chapter 531, section 1; Laws 2009,
70.27chapter 79, article 13, sections 3, subdivision 8, as amended; 4, subdivision 4, as
70.28amended; Laws 2009, chapter 96, article 1, section 24, subdivisions 2, 5, 6, 7;
70.29article 2, section 67, subdivisions 2, 3, 4, 7, 9; article 3, section 21, subdivisions
70.302, 3, 4, 5; article 4, section 12, subdivisions 2, 3, 4, 6; article 5, section 13,
70.31subdivisions 4, 6, 7, 9; article 6, section 11, subdivisions 2, 3, 4, 6, 7, 8, 9, 12;
70.32article 7, section 3, subdivision 2; Laws 2010, chapter 215, article 3, section 3,
70.33subdivision 6; article 13, section 6; proposing coding for new law in Minnesota
70.34Statutes, chapter 477A."
1.2as follows:
1.3Delete everything after the enacting clause and insert:
| 1.6 |
Section 1. GENERAL FUND SUMMARY. |
||||||
1.8appropriations, and transfers into the general fund from other funds, made in this act, after
1.9forecast adjustments and after voiding certain allotment reductions.
1.26 Sec. 2. ALLOTMENT REDUCTIONS VOID.
1.27The allotment reductions made by the commissioner of management and budget
1.28from July 1, 2009, to the effective date of this section are void.
1.29EFFECTIVE DATE.This section is effective the day following final enactment.
1.32 Section 1. Minnesota Statutes 2008, section 127A.46, is amended to read:
1.33127A.46 CHANGE IN PAYMENT OF AIDS AND CREDITS.
1.34If the commissioner of management and budget determines that modifications in the
1.35payment schedule would reduce the need for state short-term borrowing, the commissioner
2.1
2.2begin no sooner than September 1 of each fiscal year, and must remain in effect until no
2.3later than May 30 of that same fiscal year. In calculating the payment to a district pursuant
2.4to section
2.5that subdivision, plus an additional amount no greater than the following:
2.6(1) the net cash balance in each of the district's operating funds on June 30 of the
2.7preceding fiscal year; minus
2.8(2) the product of
2.9preceding fiscal year; minus
2.10(3) the amount of payments made by the county treasurer during the preceding fiscal
2.11year, pursuant to section
2.12However, no additional amount shall be subtracted if the total of the net unappropriated
2.13fund balances in the district's four operating funds on June 30 of the preceding fiscal year,
2.14is less than the product of
2.15preceding fiscal year. The net cash balance must include all cash and investments, less
2.16certificates of indebtedness outstanding, and orders not paid for want of funds.
2.17A district may appeal the payment schedule established by this section according to
2.18the procedures established in section
2.19 Sec. 2. Minnesota Statutes 2009 Supplement, section 137.025, subdivision 1, is
2.20amended to read:
2.21 Subdivision 1. Monthly payments. The commissioner of management and budget
2.22shall pay 1/12 of the annual appropriation to the University of Minnesota
2.2325th day of each month. If the
2.24the monthly payment must be made
2.25the
2.26 Sec. 3. Minnesota Statutes 2008, section 276.112, is amended to read:
2.27276.112 STATE PROPERTY TAXES; COUNTY TREASURER.
2.28On
2.29
2.30
2.31
2.32this chapter for the settlement of taxes levied by school districts, the county treasurer must
2.33make full settlement with the county auditor
2.34
3.1transmit those receipts to the commissioner of revenue by electronic means on the dates
3.2and according to the provisions applicable to distributions to school districts.
3.3EFFECTIVE DATE.This section is effective for distributions beginning October
3.41, 2010, and thereafter.
3.5 Sec. 4. Minnesota Statutes 2009 Supplement, section 289A.20, subdivision 4, is
3.6amended to read:
3.7 Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due and
3.8payable to the commissioner monthly on or before the 20th day of the month following
3.9the month in which the taxable event occurred, or following another reporting period
3.10as the commissioner prescribes or as allowed under section
3.11paragraph (f) or (g), except that:
3.12(1) use taxes due on an annual use tax return as provided under section
3.13subdivision 1
3.14(2) except as provided in paragraph (f), for a vendor having a liability of $120,000
3.15or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes
3.16imposed by chapter 297A, except as provided in paragraph (b), are due and payable to the
3.17commissioner monthly in the following manner:
3.18(i) On or before the 14th day of the month following the month in which the taxable
3.19event occurred, the vendor must remit to the commissioner 90 percent of the estimated
3.20liability for the month in which the taxable event occurred.
3.21(ii) On or before the 20th day of the month following the month in which the taxable
3.22event occurred, the vendor must pay any additional amount of tax not remitted on or
3.23before the 14th day of the month following the month in which the taxable event occurred.
3.24 (b) Notwithstanding paragraph (a), a vendor having a liability of $120,000 or more
3.25during a fiscal year ending June 30 must remit the June liability for the next year in the
3.26following manner:
3.27 (1) Two business days before June 30 of the year, the vendor must remit 90 percent
3.28of the estimated June liability to the commissioner.
3.29 (2) On or before August 20 of the year, the vendor must pay any additional amount
3.30of tax not remitted in June.
3.31 (c) A vendor having a liability of:
3.32
3.33
3.34June 30,
3.35liabilities on returns due for periods beginning in the subsequent calendar year
4.1
4.2taxable event occurred, or on or before the 20th day of the month following the month in
4.3which the sale is reported under section
4.4
4.5
4.6(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years
4.7thereafter, must remit by electronic means all liabilities in the manner provided in
4.8paragraph (a), clause (2), on returns due for periods beginning in the subsequent calendar
4.9year, except for 90 percent of the estimated June liability, which is due two business days
4.10before June 30. The remaining amount of the June liability is due on August 20.
4.11(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's
4.12religious beliefs from paying electronically shall be allowed to remit the payment by mail.
4.13The filer must notify the commissioner of revenue of the intent to pay by mail before
4.14doing so on a form prescribed by the commissioner. No extra fee may be charged to a
4.15person making payment by mail under this paragraph. The payment must be postmarked
4.16at least two business days before the due date for making the payment in order to be
4.17considered paid on a timely basis.
4.18(e) Whenever the liability is $120,000 or more separately for (1) the tax imposed
4.19under chapter 297A, (2) a fee that is to be reported on the same return as and paid with the
4.20chapter 297A taxes, or (3) any other tax that is to be reported on the same return as and
4.21paid with the chapter 297A taxes, then the payment of all the liabilities on the return must
4.22be accelerated as provided in this subdivision.
4.23(f) At the start of the first calendar quarter at least 90 days after the cash flow
4.24account established in section 16A.152, subdivision 1, and the budget reserve account
4.25established in section 16A.152, subdivision 1a, reach the amounts listed in section
4.2616A.152, subdivision 2, paragraph (a), the remittance of estimated sales tax collections
4.27by the 14th day of a month required under paragraph (a), clause (2), shall be suspended.
4.28The commissioner of management and budget shall notify the commissioner of revenue
4.29when the accounts have reached the required amounts. Beginning with the suspension
4.30of paragraph (a), clause (2), for a vendor with a liability of $120,000 or more during a
4.31fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes imposed by chapter
4.32297A are due and payable to the commissioner on the 20th day of the month following the
4.33month in which the taxable event occurred. Payments of tax liabilities for taxable events
4.34occurring in June under paragraph (b) are not changed.
4.35EFFECTIVE DATE.This section is effective for taxes due and payable after
4.36September 1, 2010.
5.1 Sec. 5. Minnesota Statutes 2008, section 289A.60, is amended by adding a subdivision
5.2to read:
5.3 Subd. 31. Accelerated payment of monthly sales tax liability; penalty for
5.4underpayment. For payments made after September 1, 2010, if a vendor is required by
5.5section 289A.20, subdivision 4, to remit a 90 percent payment by the 14th of the month
5.6following the month in which the taxable event occurred, as an estimation of monthly
5.7sales tax liabilities, including the liability of any fee or other tax that is to be reported on
5.8the same return as and paid with the chapter 297A taxes, for the month in which the
5.9taxable event occurred, the vendor shall pay a penalty equal to ten percent of the amount of
5.10liability that was required to be paid by the 14th of the month less the amount remitted by
5.11the 14th of the month. The penalty must not be imposed, however, if the amount remitted
5.12by the 14th of the month equals the lesser of (1) 90 percent of the liability for the month
5.13preceding the month in which the taxable event occurred, (2) 90 percent of the liability
5.14of the same month in the previous calendar year as the month in which the taxable event
5.15occurred, or (3) 90 percent of the average monthly liability for the previous calendar year.
5.16EFFECTIVE DATE.This section is effective for taxes due and payable after
5.17September 1, 2010.
5.20 Section 1. Minnesota Statutes 2008, section 123B.75, is amended by adding a
5.21subdivision to read:
5.22 Subd. 1a. Definition. For the purpose of this section, "school district tax settlement
5.23revenue" means the current, delinquent, and manufactured home property tax receipts
5.24collected by the county and distributed to the school district.
5.25EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
5.26 Sec. 2. Minnesota Statutes 2008, section 123B.75, subdivision 5, is amended to read:
5.27 Subd. 5. Levy recognition. (a)
5.28
5.29
5.30
5.31school district must recognize as revenue, in the fund for which the levy was made, the
5.32lesser of:
6.1(1) the sum of May, June, and July school district tax settlement revenue received in
6.2that calendar year, plus general education aid according to section
6.34
6.4(2) the sum of:
6.5(i) 31 percent of the referendum levy certified according to section
6.6calendar year 2000; and
6.7(ii) the entire amount of the levy certified in the prior calendar year according to
6.8section
6.10(a), and 3
6.11subdivision 6
6.12(iii) zero percent of the amount of the levy certified in the prior calendar year for the
6.13school district's general and community service funds, plus or minus auditor's adjustments,
6.14not including the levy portions that are assumed by the state, that remains after subtracting
6.15the referendum levy certified according to section 126C.17 and the amount recognized
6.16according to item (ii).
6.17(b) For fiscal year 2011 and later years, in June of each year, the school district must
6.18recognize as revenue, in the fund for which the levy was made, the lesser of:
6.19(1) the sum of May, June, and July school district tax settlement revenue received in
6.20that calendar year, plus general education aid according to section 126C.13, subdivision
6.214, received in July and August of that calendar year; or
6.22(2) the sum of:
6.23(i) the greater of 48.6 percent of the referendum levy certified according to section
6.24126C.17 in the prior calendar year, or 31 percent of the referendum levy certified
6.25according to section 126C.17 in calendar year 2000; plus
6.26(ii) the entire amount of the levy certified in the prior calendar year according to
6.27section 124D.86, subdivision 4, for school districts receiving revenue under sections
6.28124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph
6.29(a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48,
6.30subdivision 6; plus
6.31(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
6.32school district's general and community service funds, plus or minus auditor's adjustments,
6.33not including the levy portions that are assumed by the state, that remains after subtracting
6.34the referendum levy certified according to section 126C.17 and the amount recognized
6.35according to item (ii).
6.36EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
7.1 Sec. 3. Minnesota Statutes 2008, section 123B.75, subdivision 9, is amended to read:
7.2 Subd. 9. Commissioner shall specify fiscal year. The commissioner shall specify
7.3the fiscal year or years to which the revenue from any aid or tax levy is applicable if
7.4Minnesota Statutes do not so specify. The commissioner must report to the chair and
7.5ranking minority member of the house of representatives and senate committees with
7.6jurisdiction over education finance by January 15 of each year any adjustments under this
7.7subdivision in the previous year.
7.8 Sec. 4. Minnesota Statutes 2008, section 126C.48, subdivision 7, is amended to read:
7.9 Subd. 7. Reporting. For each tax settlement, the county auditor shall report to each
7.10school district by fund, the district tax settlement revenue defined in section
7.11subdivision
7.12shall send to the district a copy of the spread levy report specified in section
7.13EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
7.14 Sec. 5. Minnesota Statutes 2008, section 127A.441, is amended to read:
7.15127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE.
7.16 Each year, the state aids payable to any school district for that fiscal year that are
7.17recognized as revenue in the school district's general and community service funds shall
7.18be adjusted by an amount equal to (1) the amount the district recognized as revenue for the
7.19prior fiscal year pursuant to section
7.20the amount the district recognized as revenue for the current fiscal year pursuant to section
7.22under this section, the amount the district recognizes as revenue for either the prior fiscal
7.23year or the current fiscal year pursuant to section
7.24shall not include any amount levied pursuant to section
7.25districts receiving revenue under sections
7.28be adjusted pursuant to this section. The school district shall be notified of the amount of
7.29the adjustment made to each payment pursuant to this section.
7.30EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
7.31 Sec. 6. Minnesota Statutes 2008, section 127A.45, subdivision 2, is amended to read:
8.1 Subd. 2. Definitions. (a)
8.2county treasurers pursuant to section
8.3fund pursuant to section
8.4section
8.5revenue pursuant to chapter 298.
8.6(b)
8.7(1) the cumulative disbursement percentage shown in subdivision 3; times
8.8(2) the sum of
8.9(i) the current year aid payment percentage of the estimated aid and credit
8.10entitlements paid according to subdivision 13; plus
8.11(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus
8.12(iii) the other district receipts.
8.13(c)
8.14are made by the electronic funds transfer method. If a payment date falls on a Saturday,
8.15a Sunday, or a weekday which is a legal holiday, the payment shall be made on the
8.16immediately preceding business day. The commissioner may make payments on dates
8.17other than those listed in subdivision 3, but only for portions of payments from any
8.18preceding payment dates which could not be processed by the electronic funds transfer
8.19method due to documented extenuating circumstances.
8.20(d) The current year aid payment percentage equals 73 in fiscal year 2010 and 2011
8.21and 90 in fiscal year 2012 and later.
8.22EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
8.23 Sec. 7. Laws 2009, chapter 96, article 6, section 11, subdivision 6, is amended to read:
8.24 Subd. 6. Educate parents partnership. For the educate parents partnership under
8.25Minnesota Statutes, section
| 8.26 |
$ |
..... |
2010 |
||
| 8.27 |
$ |
..... |
2011 |
8.29 Sec. 8. Laws 2009, chapter 96, article 6, section 11, subdivision 7, is amended to read:
8.30 Subd. 7. Kindergarten entrance assessment initiative and intervention
8.31program. For the kindergarten entrance assessment initiative and intervention program
8.32under Minnesota Statutes, section
| 9.1 |
$ |
..... |
2010 |
||
| 9.2 |
$ |
..... |
2011 |
9.4 Sec. 9. Laws 2009, chapter 96, article 7, section 3, subdivision 2, is amended to read:
9.5 Subd. 2. Department. (a) For the Department of Education:
| 9.6 9.7 |
$ |
20,147,600 |
..... |
2010 |
|
| 9.8 9.9 |
$ |
19,811,000 |
..... |
2011 |
9.11(b) $260,000 each year is for the Minnesota Children's Museum.
9.12(c) $41,000 each year is for the Minnesota Academy of Science.
9.13(d)
9.14first year does not cancel but is available in the second year.
9.15(e)
9.16balance in the first year does not cancel but is available in the second year.
9.17(f)
9.18under Minnesota Statutes, section
9.19fiscal year 2010 only. If the department expends federal funds to employ a hearing
9.20loss coordinator under Minnesota Statutes, section
9.21appropriation under this paragraph is reallocated for purposes of employing a world
9.22languages coordinator.
9.23(g) $50,000 each year is for the Duluth Children's Museum.
9.24(h) None of the amounts appropriated under this subdivision may be used for
9.25Minnesota's Washington, D.C., office.
9.26(i) The expenditures of federal grants and aids as shown in the biennial budget
9.27document and its supplements are approved and appropriated and shall be spent as
9.28indicated. The commissioner must provide, to the K-12 Education Finance Division in
9.29the house of representatives and the E-12 Budget Division in the senate, details about the
9.30distribution of state incentive grants, education technology state grants, teacher incentive
9.31funds, and statewide data system funds as outlined in the supplemental federal funds
9.32submission dated March 25, 2009.
9.33 Sec. 10. ADVANCE FINAL PAYMENT; FISCAL YEARS 2010 AND 2011.
9.34(a) Notwithstanding Minnesota Statutes, section 127A.45, subdivisions 3 and
9.357, for fiscal years 2010 and 2011 only, a school district or charter school exceeding its
10.1expenditure limitations under Minnesota Statutes, section 123B.83, as of June 30, 2009,
10.2or June 30, 2010, may receive a portion of its final payment for the current fiscal year
10.3on June 20, if requested by the district or charter school. The amount paid under this
10.4subdivision must not exceed the lesser of:
10.5(1) the difference between 90 percent and the current year aid payment percentage
10.6under Minnesota Statutes, section 127A.45, subdivision 2, paragraph (d), in the current
10.7fiscal year times the sum of the district or charter school's general education aid plus the
10.8aid adjustment in Minnesota Statutes, section 127A.50, for the current fiscal year; or
10.9(2) the amount by which the district or charter school's net negative unreserved
10.10general fund balance as of June 30 of the prior fiscal year exceeds 2.5 percent of the
10.11district or charter school's expenditures for that fiscal year.
10.12(b) The state total advance final payment under this subdivision for any fiscal year
10.13must not exceed $7,500,000. If the amount exceeds $7,500,000, the advance final payment
10.14for each eligible district must be reduced proportionately.
10.15EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
10.18 Section 1. Minnesota Statutes 2009 Supplement, section 123B.54, is amended to read:
10.19123B.54 DEBT SERVICE APPROPRIATION.
10.20 (a)
10.21
10.22 in fiscal year 2013 and later are appropriated from the general fund to the commissioner of
10.23education for payment of debt service equalization aid under section
10.24 (b) The appropriations in paragraph (a) must be reduced by the amount of any
10.25money specifically appropriated for the same purpose in any year from any state fund.
10.26 Sec. 2. Laws 2009, chapter 96, article 1, section 24, subdivision 2, is amended to read:
10.27 Subd. 2. General education aid. For general education aid under Minnesota
10.28Statutes, section
| 10.29 10.30 |
$ |
4,291,422,000 |
..... |
2010 |
|
| 10.31 10.32 |
$ |
4,959,881,000 |
..... |
2011 |
10.34
11.1The 2011 appropriation includes
11.2
11.3 Sec. 3. Laws 2009, chapter 96, article 1, section 24, subdivision 5, is amended to read:
11.4 Subd. 5. Consolidation transition. For districts consolidating under Minnesota
11.5Statutes, section
| 11.6 |
$ |
..... |
2010 |
||
| 11.7 |
$ |
..... |
2011 |
11.9The 2011 appropriation includes
11.10for 2011.
11.11 Sec. 4. Laws 2009, chapter 96, article 1, section 24, subdivision 6, is amended to read:
11.12 Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under
11.13Minnesota Statutes, sections
| 11.14 11.15 |
$ |
12,861,000 |
..... |
2010 |
|
| 11.16 11.17 |
$ |
16,663,000 |
..... |
2011 |
11.19$11,794,000 for 2010.
11.20The 2011 appropriation includes
11.21$12,301,000 for 2011.
11.22 Sec. 5. Laws 2009, chapter 96, article 1, section 24, subdivision 7, is amended to read:
11.23 Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid
11.24under Minnesota Statutes, section
| 11.25 11.26 |
$ |
17,297,000 |
..... |
2010 |
|
| 11.27 11.28 |
$ |
20,333,000 |
..... |
2011 |
11.30for 2010.
11.31The 2011 appropriation includes
11.32$14,704,000 for 2011.
11.33 Sec. 6. Laws 2009, chapter 96, article 2, section 67, subdivision 2, is amended to read:
12.1 Subd. 2. Charter school building lease aid. For building lease aid under Minnesota
12.2Statutes, section
| 12.3 12.4 |
$ |
34,833,000 |
..... |
2010 |
|
| 12.5 12.6 |
$ |
46,370,000 |
..... |
2011 |
12.8 for 2010.
12.9The 2011 appropriation includes
12.10$34,857,000 for 2011.
12.11 Sec. 7. Laws 2009, chapter 96, article 2, section 67, subdivision 3, is amended to read:
12.12 Subd. 3. Charter school startup aid. For charter school startup cost aid under
12.13Minnesota Statutes, section
| 12.14 12.15 |
$ |
1,218,000 |
..... |
2010 |
|
| 12.16 12.17 |
$ |
759,000 |
..... |
2011 |
12.19for 2010.
12.20The 2011 appropriation includes
12.21$384,000 for 2011.
12.22 Sec. 8. Laws 2009, chapter 96, article 2, section 67, subdivision 4, is amended to read:
12.23 Subd. 4. Integration aid. For integration aid under Minnesota Statutes, section
| 12.25 12.26 |
$ |
50,812,000 |
..... |
2010 |
|
| 12.27 12.28 |
$ |
63,717,000 |
..... |
2011 |
12.30$44,980,000 for 2010.
12.31The 2011 appropriation includes
12.32$47,081,000 for 2011.
12.33 Sec. 9. Laws 2009, chapter 96, article 2, section 67, subdivision 7, is amended to read:
12.34 Subd. 7. Success for the future. For American Indian success for the future grants
12.35under Minnesota Statutes, section
| 13.1 13.2 |
$ |
1,774,000 |
..... |
2010 |
|
| 13.3 |
$ |
2,137,000 |
..... |
2011 |
13.5for 2010.
13.6The 2011 appropriation includes
13.7$1,561,000 for 2011.
13.8 Sec. 10. Laws 2009, chapter 96, article 2, section 67, subdivision 9, is amended to read:
13.9 Subd. 9. Tribal contract schools. For tribal contract school aid under Minnesota
13.10Statutes, section
| 13.11 13.12 |
$ |
1,702,000 |
..... |
2010 |
|
| 13.13 13.14 |
$ |
2,186,000 |
..... |
2011 |
13.162010.
13.17The 2011 appropriation includes
13.18$1,628,000 for 2011.
13.19 Sec. 11. Laws 2009, chapter 96, article 3, section 21, subdivision 2, is amended to read:
13.20 Subd. 2. Special education; regular. For special education aid under Minnesota
13.21Statutes, section
| 13.22 13.23 |
$ |
609,003,000 |
..... |
2010 |
|
| 13.24 13.25 |
$ |
772,845,000 |
..... |
2011 |
13.27$537,056,000 for 2010.
13.28The 2011 appropriation includes
13.29
13.30 Sec. 12. Laws 2009, chapter 96, article 3, section 21, subdivision 3, is amended to read:
13.31 Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes,
13.32section
13.33within the district boundaries for whom no district of residence can be determined:
| 14.1 14.2 |
$ |
1,125,000 |
..... |
2010 |
|
| 14.3 14.4 |
$ |
1,193,000 |
..... |
2011 |
14.6year is available.
14.7 Sec. 13. Laws 2009, chapter 96, article 3, section 21, subdivision 4, is amended to read:
14.8 Subd. 4. Travel for home-based services. For aid for teacher travel for home-based
14.9services under Minnesota Statutes, section
| 14.10 |
$ |
..... |
2010 |
||
| 14.11 |
$ |
..... |
2011 |
14.13The 2011 appropriation includes
14.14for 2011.
14.15 Sec. 14. Laws 2009, chapter 96, article 3, section 21, subdivision 5, is amended to read:
14.16 Subd. 5. Special education; excess costs. For excess cost aid under Minnesota
14.17Statutes, section
| 14.18 14.19 |
$ |
96,926,000 |
..... |
2010 |
|
| 14.20 14.21 |
$ |
110,871,000 |
..... |
2011 |
14.23 for 2010.
14.24The 2011 appropriation includes
14.25$59,904,000 for 2011.
14.26 Sec. 15. Laws 2009, chapter 96, article 4, section 12, subdivision 2, is amended to read:
14.27 Subd. 2. Health and safety revenue. For health and safety aid according to
14.28Minnesota Statutes, section
| 14.29 |
$ |
..... |
2010 |
||
| 14.30 |
$ |
..... |
2011 |
14.32The 2011 appropriation includes
14.33 for 2011.
15.1 Sec. 16. Laws 2009, chapter 96, article 4, section 12, subdivision 3, is amended to read:
15.2 Subd. 3. Debt service equalization. For debt service aid according to Minnesota
15.3Statutes, section
| 15.4 15.5 |
$ |
6,608,000 |
..... |
2010 |
|
| 15.6 15.7 |
$ |
8,465,000 |
..... |
2011 |
15.9for 2010.
15.10The 2011 appropriation includes
15.11$6,337,000 for 2011.
15.12 Sec. 17. Laws 2009, chapter 96, article 4, section 12, subdivision 4, is amended to read:
15.13 Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid,
15.14according to Minnesota Statutes, section
| 15.15 15.16 |
$ |
16,008,000 |
..... |
2010 |
|
| 15.17 |
$ |
19,287,000 |
..... |
2011 |
15.19 for 2010.
15.20The 2011 appropriation includes
15.21$14,080,000 for 2011.
15.22 Sec. 18. Laws 2009, chapter 96, article 4, section 12, subdivision 6, is amended to read:
15.23 Subd. 6. Deferred maintenance aid. For deferred maintenance aid, according to
15.24Minnesota Statutes, section
| 15.25 15.26 |
$ |
1,918,000 |
..... |
2010 |
|
| 15.27 15.28 |
$ |
2,211,000 |
..... |
2011 |
15.302010.
15.31The 2011 appropriation includes
15.32$1,598,000 for 2011.
15.33 Sec. 19. Laws 2009, chapter 96, article 5, section 13, subdivision 4, is amended to read:
15.34 Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes,
15.35section
| 16.1 16.2 |
$ |
1,104,000 |
..... |
2010 |
|
| 16.3 16.4 |
$ |
1,126,000 |
..... |
2011 |
16.5 Sec. 20. Laws 2009, chapter 96, article 5, section 13, subdivision 6, is amended to read:
16.6 Subd. 6. Basic system support. For basic system support grants under Minnesota
16.7Statutes, section
| 16.8 16.9 |
$ |
11,264,000 |
..... |
2010 |
|
| 16.10 |
$ |
13,570,000 |
..... |
2011 |
16.12 for 2010.
16.13The 2011 appropriation includes
16.14$9,907,000 for 2011.
16.15 Sec. 21. Laws 2009, chapter 96, article 5, section 13, subdivision 7, is amended to read:
16.16 Subd. 7. Multicounty, multitype library systems. For grants under Minnesota
16.17Statutes, sections
| 16.18 16.19 |
$ |
1,079,000 |
..... |
2010 |
|
| 16.20 |
$ |
1,300,000 |
..... |
2011 |
16.222010.
16.23The 2011 appropriation includes
16.24$949,000 for 2011.
16.25 Sec. 22. Laws 2009, chapter 96, article 5, section 13, subdivision 9, is amended to read:
16.26 Subd. 9. Regional library telecommunications aid. For regional library
16.27telecommunications aid under Minnesota Statutes, section
| 16.28 16.29 |
$ |
1,909,000 |
..... |
2010 |
|
| 16.30 |
$ |
2,300,000 |
..... |
2011 |
16.322010.
16.33The 2011 appropriation includes
16.34$1,679,000 for 2011.
17.1 Sec. 23. Laws 2009, chapter 96, article 6, section 11, subdivision 2, is amended to read:
17.2 Subd. 2. School readiness. For revenue for school readiness programs under
17.3Minnesota Statutes, sections
| 17.4 17.5 |
$ |
8,379,000 |
..... |
2010 |
|
| 17.6 |
$ |
10,095,000 |
..... |
2011 |
17.8 for 2010.
17.9The 2011 appropriation includes
17.10$7,370,000 for 2011.
17.11 Sec. 24. Laws 2009, chapter 96, article 6, section 11, subdivision 3, is amended to read:
17.12 Subd. 3. Early childhood family education aid. For early childhood family
17.13education aid under Minnesota Statutes, section
| 17.14 17.15 |
$ |
19,005,000 |
..... |
2010 |
|
| 17.16 17.17 |
$ |
22,126,000 |
..... |
2011 |
17.19 for 2010.
17.20The 2011 appropriation includes
17.21$16,215,000 for 2011.
17.22 Sec. 25. Laws 2009, chapter 96, article 6, section 11, subdivision 4, is amended to read:
17.23 Subd. 4. Health and developmental screening aid. For health and developmental
17.24screening aid under Minnesota Statutes, sections
| 17.25 17.26 |
$ |
2,922,000 |
..... |
2010 |
|
| 17.27 17.28 |
$ |
3,531,000 |
..... |
2011 |
17.302010.
17.31The 2011 appropriation includes
17.32$2,586,000 for 2011.
17.33 Sec. 26. Laws 2009, chapter 96, article 6, section 11, subdivision 8, is amended to read:
17.34 Subd. 8. Community education aid. For community education aid under
17.35Minnesota Statutes, section
| 18.1 |
$ |
..... |
2010 |
||
| 18.2 |
$ |
..... |
2011 |
18.4The 2011 appropriation included
18.5for 2011.
18.6 Sec. 27. Laws 2009, chapter 96, article 6, section 11, subdivision 9, is amended to read:
18.7 Subd. 9. Adults with disabilities program aid. For adults with disabilities
18.8programs under Minnesota Statutes, section
| 18.9 |
$ |
..... |
2010 |
||
| 18.10 |
$ |
710,000 |
..... |
2011 |
18.12 for 2010.
18.13The 2011 appropriation includes
18.14 for 2011.
18.15 Sec. 28. Laws 2009, chapter 96, article 6, section 11, subdivision 12, is amended to
18.16read:
18.17 Subd. 12. Adult basic education aid. For adult basic education aid under
18.18Minnesota Statutes, section
| 18.19 18.20 |
$ |
35,671,000 |
..... |
2010 |
|
| 18.21 18.22 |
$ |
44,065,000 |
..... |
2011 |
18.24 for 2010.
18.25The 2011 appropriation includes
18.26$32,421,000 for 2011.
| 18.29 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
18.31in this article.
| 18.32 |
2010 |
2011 |
Total |
||||
| 18.33 |
General |
$ |
(77,000) |
$ |
(100,077,000) |
$ |
(100,154,000) |
| 19.1 |
Sec. 2. APPROPRIATIONS. |
||||||
19.3in parentheses, subtracted from the appropriations in Laws 2009, chapter 95, article 1, to
19.4the agencies and for the purposes specified in this article. The appropriations are from the
19.5general fund, or another named fund, and are available for the fiscal years indicated for
19.6each purpose. The figures "2010" and "2011" used in this article mean that the addition
19.7to or subtraction from the appropriation listed under them is available for the fiscal year
19.8ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
19.9reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
19.10day following final enactment.
| 19.11 |
APPROPRIATIONS |
||||||
| 19.12 |
Available for the Year |
||||||
| 19.13 |
Ending June 30 |
||||||
| 19.14 |
2010 |
2011 |
|||||
| 19.15 19.16 |
Sec. 3. MINNESOTA OFFICE OF HIGHER EDUCATION |
$ |
(77,000) |
$ |
(77,000) |
||
19.18agency administration.
19.19If an extension of the enhanced federal
19.20medical assistance percentage (FMAP) under
19.21Public Law 111-5, section 5001, to at least
19.22June 30, 2011, is enacted by June 15, 2010,
19.23$36,000,000 is appropriated from the general
19.24fund to the Minnesota Office of Higher
19.25Education for the state grant program, to be
19.26available for the fiscal year ending June 30,
19.272011.
| 19.28 19.29 19.30 |
Sec. 4. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES |
$ |
-0- |
$ |
(50,000,000) |
||
19.32the central offices and shared services unit
19.33appropriation.
20.1$46,421,000 of the reduction in 2011
20.2is from the operations and maintenance
20.3appropriation.
20.4For fiscal years 2012 and 2013, the base for
20.5operations and maintenance is $580,802,000
20.6each year.
| 20.7 20.8 |
Sec. 5. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA |
||||||
| 20.9 |
Subdivision 1.Total Appropriation |
$ |
-0- |
$ |
(50,000,000) |
||
20.11purpose are shown in the following
20.12subdivisions.
20.13If an extension of the enhanced federal
20.14medical assistance percentage (FMAP) under
20.15Public Law 111-5, section 5001, to at least
20.16June 30, 2011, is enacted by June 15, 2010,
20.17$36,000,000 is appropriated from the general
20.18fund to the Minnesota Office of Higher
20.19Education for the state grant program, to be
20.20available for the fiscal year ending June 30,
20.212011.
| 20.22 |
Subd. 2.Operations and Maintenance |
-0- |
(44,606,000) |
||||
20.24operations and maintenance is $578,370,000
20.25each year.
| 20.26 |
Subd. 3.Special Appropriations |
||||||
| 20.27 |
(a) Agriculture and Extension Service |
-0- |
(3,858,000) |
||||
| 20.28 |
(b) Health Sciences |
-0- |
(389,000) |
||||
20.30Cloud family practice residency program.
| 20.31 |
(c) Institute of Technology |
-0- |
(102,000) |
||||
| 20.32 |
(d) System Special |
-0- |
(454,000) |
||||
| 21.1 21.2 |
(e) University of Minnesota and Mayo Foundation Partnership |
-0- |
(591,000) |
||||
| 21.5 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
21.7fund, made in this article.
| 21.8 |
2010 |
2011 |
Total |
||||
| 21.9 |
General |
$ |
(1,571,000) |
$ |
(1,564,000) |
$ |
(3,135,000) |
| 21.10 |
Sec. 2. APPROPRIATIONS. |
||||||
21.12in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 1, to
21.13the agencies and for the purposes specified in this article. The appropriations are from the
21.14general fund, or another named fund, and are available for the fiscal years indicated for
21.15each purpose. The figures "2010" and "2011" used in this article mean that the addition to
21.16or subtraction from the appropriation listed under them are available for the fiscal year
21.17ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
21.18reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
21.19day following final enactment.
| 21.20 |
APPROPRIATIONS |
||||||
| 21.21 |
Available for the Year |
||||||
| 21.22 |
Ending June 30 |
||||||
| 21.23 |
2010 |
2011 |
|||||
| 21.24 |
Sec. 3. POLLUTION CONTROL AGENCY |
||||||
| 21.25 |
Subdivision 1.Total Appropriation |
$ |
(110,000) |
$ |
(99,000) |
||
21.27purpose are shown in the following
21.28subdivisions.
| 21.29 |
Subd. 2.Water |
(98,000) |
(38,000) |
21.31is from the agency's activities to develop
21.32minimal impact design standards for urban
21.33stormwater runoff.
| 22.1 |
Subd. 3.Land |
-0- |
(30,000) |
22.3from the environmental health tracking and
22.4biomonitoring activities of the agency.
| 22.5 22.6 |
Subd. 4.Environmental Assistance and Cross Media |
-0- |
(16,000) |
| 22.7 22.8 |
Subd. 5.Administrative Support |
(12,000) |
(15,000) |
| 22.9 |
Sec. 4. NATURAL RESOURCES |
||||||
| 22.10 |
Subdivision 1.Total Appropriation |
$ |
(1,375,000) |
$ |
(1,379,000) |
||
22.12purpose are shown in the following
22.13subdivisions.
| 22.14 22.15 |
Subd. 2.Lands and Minerals |
(30,000) |
(30,000) |
| 22.16 22.17 |
Subd. 3.Water Resources Management |
(84,000) |
(84,000) |
| 22.18 22.19 |
Subd. 4.Forest Management |
(188,000) |
(188,000) |
22.21activities supporting the Forest Resources
22.22Council with implementation of the
22.23Sustainable Forest Resources Act.
| 22.24 22.25 |
Subd. 5.Parks and Trails Management |
(420,000) |
(422,000) |
| 22.26 22.27 |
Subd. 6.Fish and Wildlife Management |
(265,000) |
(265,000) |
22.29activities for preserving, restoring, and
22.30enhancing grassland/wetland complexes on
22.31public or private land.
| 22.32 |
Subd. 7.Ecological Services |
(46,000) |
(47,000) |
| 22.33 |
Subd. 8.Enforcement |
(230,000) |
(230,000) |
| 23.1 23.2 |
Subd. 9.Operations Support |
(112,000) |
(113,000) |
| 23.3 |
Sec. 5. METROPOLITAN COUNCIL |
$ |
(86,000) |
$ |
(86,000) |
||
23.4 Sec. 6. Laws 2010, chapter 215, article 3, section 3, subdivision 6, is amended to read:
| 23.5 |
Subd. 6.Transfers In |
||||||
23.7agency indirect costs account in the special
23.8revenue fund are reduced by $328,000 in
23.9fiscal year 2010 and $462,000 in fiscal year
23.102011, and those amounts must be transferred
23.11to the general fund by June 30, 2011. The
23.12appropriation reductions are onetime.
23.13(b) The commissioner of management and
23.14budget shall transfer
23.15in fiscal year 2011 from the closed landfill
23.16investment fund in Minnesota Statutes,
23.17section
23.18commissioner shall transfer
23.19$10,000,000 on July 1
23.20
23.212016, and 2017 from the general fund to the
23.22closed landfill investment fund. For
23.23
23.24investment fund, the commissioner shall
23.25determine the total amount of interest and
23.26other earnings that would have accrued to
23.27the fund if the transfers to the general fund
23.28under this paragraph had not been made and
23.29add this amount to the transfer. The amounts
23.30necessary for these transfers are appropriated
23.31from the general fund in the fiscal years
23.32specified for the transfers.
| 24.3 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
24.5in this article.
| 24.6 |
2010 |
2011 |
Total |
||||
| 24.7 |
General |
$ |
(247,000) |
$ |
(247,000) |
$ |
(494,000) |
| 24.8 |
Sec. 2. APPROPRIATIONS. |
||||||
24.10in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 2, to
24.11the agencies and for the purposes specified in this article. The appropriations are from the
24.12general fund, or another named fund, and are available for the fiscal years indicated for
24.13each purpose. The figures "2010" and "2011" used in this article mean that the addition
24.14to or subtraction from the appropriation listed under them is available for the fiscal year
24.15ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
24.16reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
24.17day following final enactment.
| 24.18 |
APPROPRIATIONS |
||||||
| 24.19 |
Available for the Year |
||||||
| 24.20 |
Ending June 30 |
||||||
| 24.21 |
2010 |
2011 |
|||||
| 24.22 |
Sec. 3. DEPARTMENT OF COMMERCE |
||||||
| 24.23 |
Subdivision 1.Total Appropriation |
$ |
(247,000) |
$ |
(247,000) |
||
24.25purpose are shown in the following
24.26subdivisions.
| 24.27 |
Subd. 2.Administrative Services |
(97,000) |
(97,000) |
||||
| 24.28 |
Subd. 3.Market Assurance |
(150,000) |
(150,000) |
||||
| 24.31 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
25.2in this article.
| 25.3 |
2010 |
2011 |
Total |
||||
| 25.4 |
General |
$ |
(493,000) |
$ |
(492,000) |
$ |
(985,000) |
| 25.5 |
Sec. 2. AGRICULTURAL APPROPRIATIONS. |
||||||
25.7in parentheses, subtracted from the appropriations in Laws 2009, chapter 94, article 1, to
25.8the agencies and for the purposes specified in this article. The appropriations are from the
25.9general fund, or another named fund, and are available for the fiscal years indicated for
25.10each purpose. The figures "2010" and "2011" used in this article mean that the addition to
25.11or subtraction from the appropriations listed under them are available for the fiscal year
25.12ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
25.13reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
25.14day following final enactment.
| 25.15 |
APPROPRIATIONS |
||||||
| 25.16 |
Available for the Year |
||||||
| 25.17 |
Ending June 30 |
||||||
| 25.18 |
2010 |
2011 |
|||||
| 25.19 |
Sec. 3. DEPARTMENT OF AGRICULTURE |
||||||
| 25.20 |
Subdivision 1.Total Appropriation |
$ |
(493,000) |
$ |
(492,000) |
||
25.22purpose are shown in the following
25.23subdivisions.
| 25.24 |
Subd. 2.Protection Services |
(228,000) |
(228,000) |
||||
25.26fiscal year 2011 are reductions from plant
25.27pest surveys.
| 25.28 25.29 |
Subd. 3.Agricultural Marketing and Development |
(127,000) |
(127,000) |
||||
25.31fiscal year 2011 are reductions for integrated
25.32pest management activities.
| 25.33 25.34 |
Subd. 4.Administration and Financial Assistance |
(138,000) |
(137,000) |
||||
26.2fiscal year 2011 are reductions from the dairy
26.3and profitability enhancement and dairy
26.4business planning grant programs established
26.5under Laws 1997, chapter 216, section 7,
26.6subdivision 2, and Law 2001, First Special
26.7Session chapter 2, section 9, subdivision 2.
26.8$1,000 in fiscal year 2010 is a reduction from
26.9the appropriation for the administration of
26.10the Feeding Minnesota Task Force.
| 26.13 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
26.15in this article.
| 26.16 |
2010 |
2011 |
Total |
||||
| 26.17 |
General |
$ |
(489,000) |
$ |
(745,000) |
$ |
(1,234,000) |
| 26.18 |
Sec. 2. APPROPRIATIONS. |
||||||
26.20if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 78,
26.21article 1, to the agencies and for the purposes specified in this article. The appropriations
26.22are from the general fund, or another named fund, and are available for the fiscal years
26.23indicated for each purpose. The figures "2010" and "2011" used in this article mean
26.24that the addition to or subtraction from the appropriation listed under them is available
26.25for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. Supplemental
26.26appropriations and reductions to appropriations for the fiscal year ending June 30, 2010,
26.27are effective the day following final enactment.
| 26.28 |
APPROPRIATIONS |
||||||
| 26.29 |
Available for the Year |
||||||
| 26.30 |
Ending June 30 |
||||||
| 26.31 |
2010 |
2011 |
|||||
| 26.32 26.33 |
Sec. 3. EMPLOYMENT AND ECONOMIC DEVELOPMENT |
||||||
| 26.34 |
Subdivision 1.Total Appropriation |
$ |
(285,000) |
$ |
(285,000) |
||
27.2purpose are shown in the following
27.3subdivisions.
| 27.4 27.5 |
Subd. 2.Business and Community Development |
(87,000) |
(87,000) |
||||
27.7from the appropriation for the Office of
27.8Science and Technology.
| 27.9 |
Subd. 3.Workforce Development |
(115,000) |
(115,000) |
||||
27.11from the appropriation for the Minnesota job
27.12skills partnership program under Minnesota
27.13Statutes, sections 116L.01 to 116L.17.
27.14$11,000 in 2010 and $11,000 in 2011 are from
27.15the appropriation for administrative expenses
27.16to programs that provide employment
27.17support services to persons with mental
27.18illness under Minnesota Statutes, sections
27.19268A.13 and 268A.14.
27.20$89,000 in 2010 and $89,000 in 2011 are
27.21from the appropriation for state services for
27.22the blind activities.
| 27.23 |
Subd. 4.State-Funded Administration |
(83,000) |
(83,000) |
||||
| 27.24 |
Sec. 4. HOUSING FINANCE AGENCY |
$ |
-0- |
$ |
(256,000) |
||
27.26the Housing Finance Agency for the housing
27.27rehabilitation program under Minnesota
27.28Statutes, section 462A.05, subdivision 14,
27.29for rental housing developments.
27.30On or before June 30, 2010, the Housing
27.31Finance Agency shall transfer $256,000
27.32from the housing rehabilitation program in
28.1the housing development fund to the general
28.2fund.
| 28.3 28.4 |
Sec. 5. DEPARTMENT OF LABOR AND INDUSTRY |
$ |
(20,000) |
$ |
(20,000) |
||
28.6fund appropriation for labor
28.7standards/apprenticeship.
| 28.8 28.9 |
Sec. 6. BUREAU OF MEDIATION SERVICES |
$ |
(16,000) |
$ |
(16,000) |
||
28.11appropriation for mediation services.
| 28.12 28.13 |
Sec. 7. MINNESOTA HISTORICAL SOCIETY |
||||||
| 28.14 |
Subdivision 1.Total Appropriation |
$ |
(168,000) |
$ |
(168,000) |
||
28.16purpose are shown in the following
28.17subdivisions.
| 28.18 |
Subd. 2.Education and Outreach |
(96,000) |
(96,000) |
||||
| 28.19 |
Subd. 3.Preservation and Access |
(72,000) |
(72,000) |
||||
| 28.22 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
28.24in this article.
| 28.25 |
2010 |
2011 |
Total |
||||
| 28.26 |
General |
$ |
(1,649,000) |
$ |
(1,649,000) |
$ |
(3,298,000) |
| 28.27 |
Sec. 2. APPROPRIATIONS. |
||||||
28.29in parentheses, subtracted from the appropriations in Laws 2009, chapter 36, article 1, to
28.30the agencies and for the purposes specified in this article. The appropriations are from the
28.31general fund, or another named fund, and are available for the fiscal years indicated for
29.1each purpose. The figures "2010" and "2011" used in this article mean that the addition to
29.2or subtraction from the appropriation listed under them are available for the fiscal year
29.3ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
29.4reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
29.5day following final enactment.
| 29.6 |
APPROPRIATIONS |
||||||
| 29.7 |
Available for the Year |
||||||
| 29.8 |
Ending June 30 |
||||||
| 29.9 |
2010 |
2011 |
|||||
| 29.10 |
Sec. 3. TRANSPORTATION |
||||||
| 29.11 |
Subdivision 1.Total Appropriation |
$ |
(24,000) |
$ |
(24,000) |
||
29.13purpose are shown in the following
29.14subdivisions.
| 29.15 |
Subd. 2.Multimodal Systems |
||||||
| 29.16 |
(a) Transit |
(9,000) |
(9,000) |
||||
29.18Administration appropriation.
29.19The base appropriation from the general fund
29.20for fiscal years 2012 and 2013 is $16,292,000
29.21each year.
| 29.22 |
(b) Freight |
(9,000) |
(9,000) |
||||
29.24appropriation.
| 29.25 |
(c) Electronic Communication |
(6,000) |
(6,000) |
||||
29.27appropriation.
| 29.28 |
Sec. 4. METROPOLITAN COUNCIL |
||||||
| 29.29 |
Subdivision 1.Total Appropriation |
$ |
(1,625,000) |
$ |
(1,625,000) |
||
29.31purpose are shown in the following
29.32subdivisions.
| 30.1 |
Subd. 2.Bus Transit |
(1,506,000) |
(1,506,000) |
||||
30.3system operations.
30.4The base appropriation for fiscal years 2012
30.5and 2013 is $59,796,000 each year.
| 30.6 |
Subd. 3.Rail Operations |
(119,000) |
(119,000) |
||||
30.8systems.
30.9The base appropriation for fiscal years 2012
30.10and 2013 is $5,174,000 each year.
| 30.13 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
30.15in this article.
| 30.16 |
2010 |
2011 |
Total |
||||
| 30.17 |
General |
$ |
(79,000) |
$ |
(79,000) |
$ |
(158,000) |
| 30.18 |
Sec. 2. APPROPRIATIONS. |
||||||
30.20in parentheses, subtracted from the appropriations in Laws 2009, chapter 83, article 1, to
30.21the agencies and for the purposes specified in this article. The appropriations are from the
30.22general fund, or another named fund, and are available for the fiscal years indicated for
30.23each purpose. The figures "2010" and "2011" used in this article mean that the addition
30.24to or subtraction from the appropriation listed under them is available for the fiscal year
30.25ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
30.26reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
30.27day following final enactment.
| 30.28 |
APPROPRIATIONS |
||||||
| 30.29 |
Available for the Year |
||||||
| 30.30 |
Ending June 30 |
||||||
| 30.31 |
2010 |
2011 |
|||||
| 30.32 |
Sec. 3. HUMAN RIGHTS |
$ |
(79,000) |
$ |
(79,000) |
||
| 31.3 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
31.5in this article.
| 31.6 |
2010 |
2011 |
Total |
||||
| 31.7 |
General |
$ |
(1,694,000) |
$ |
(1,820,000) |
$ |
(3,514,000) |
| 31.8 |
Sec. 2. APPROPRIATIONS. |
||||||
31.10in parentheses, subtracted from, the appropriations in Laws 2009, chapter 101, article 1, to
31.11the agencies and for the purposes specified in this article. The appropriations are from the
31.12general fund, or another named fund, and are available for the fiscal years indicated for
31.13each purpose. The figures "2010" and "2011" used in this article mean that the addition
31.14to or subtraction from the appropriation listed under them is available for the fiscal year
31.15ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
31.16reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
31.17day following final enactment.
| 31.18 |
APPROPRIATIONS |
||||||
| 31.19 |
Available for the Year |
||||||
| 31.20 |
Ending June 30 |
||||||
| 31.21 |
2010 |
2011 |
|||||
| 31.22 31.23 |
Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR |
$ |
(81,000) |
$ |
(81,000) |
||
31.25fiscal years 2010 and 2011 are from the
31.26appropriation for necessary expenses in the
31.27normal performance of the governor's and
31.28lieutenant governor's duties for which no
31.29other reimbursement is provided.
| 31.30 31.31 |
Sec. 4. OFFICE OF ENTERPRISE TECHNOLOGY |
$ |
(130,000) |
$ |
(130,000) |
||
31.33fiscal years 2010 and 2011 are from the
32.1appropriation for information technology
32.2security.
| 32.3 |
Sec. 5. ADMINISTRATION |
$ |
(100,000) |
$ |
(200,000) |
||
32.5and Citizen Services Program.
32.6$162,000 of the balance in the central stores
32.7fund is transferred to the general fund on
32.8or before June 30, 2010. This is a onetime
32.9transfer.
32.10The base appropriation from the general
32.11fund for the government and citizen services
32.12program for fiscal years 2012 and 2013 is
32.13$17,316,000 each year.
| 32.14 |
Sec. 6. MANAGEMENT AND BUDGET |
$ |
(459,000) |
$ |
(459,000) |
||
| 32.15 |
Sec. 7. REVENUE |
$ |
(924,000) |
$ |
(950,000) |
||
32.17management program.
| 32.20 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
32.22in this article.
| 32.23 |
2010 |
2011 |
Total |
||||
| 32.24 |
General |
$ |
(74,704,000) |
$ |
(75,150,000) |
$ |
(149,854,000) |
| 32.25 |
Sec. 2. APPROPRIATIONS. |
||||||
32.27in parentheses, subtracted from the appropriations in Laws 2009, chapter 79, article 13,
32.28as amended by Laws 2009, chapter 173, article 2, to the agencies and for the purposes
32.29specified in this article. The appropriations are from the general fund and are available
32.30for the fiscal years indicated for each purpose. The figures "2010" and "2011" used in
32.31this article mean that the addition to or subtraction from the appropriation listed under
33.1them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
33.2Supplemental appropriations and reductions to appropriations for the fiscal year ending
33.3June 30, 2010, are effective the day following final enactment unless a different effective
33.4date is explicit. All reductions in this article are onetime, unless otherwise stated.
| 33.5 |
APPROPRIATIONS |
||||||
| 33.6 |
Available for the Year |
||||||
| 33.7 |
Ending June 30 |
||||||
| 33.8 |
2010 |
2011 |
|||||
| 33.9 33.10 |
Sec. 3. DEPARTMENT OF HUMAN SERVICES |
||||||
| 33.11 |
Subdivision 1.Total Appropriation |
$ |
(74,177,000) |
$ |
(74,625,000) |
||
33.13purpose are shown in the following
33.14subdivisions.
| 33.15 33.16 |
Subd. 2.Agency Management; Financial Operations |
(3,289,000) |
(3,282,000) |
||||
33.18reduction for fiscal year 2012 and thereafter.
| 33.19 33.20 |
Subd. 3.Children and Economic Assistance Grants |
||||||
| 33.21 |
(a) Child Support Enforcement Grants |
(3,400,000) |
-0- |
||||
| 33.22 |
(b) Children's Services Grants |
(600,000) |
-0- |
||||
33.24Notwithstanding Laws 2009, chapter 79,
33.25article 2, section 35, $600,000 of the fiscal
33.26year 2009 funds extended in fiscal year 2010
33.27cancel to the general fund.
| 33.28 |
(c) Children and Community Services Grants |
(16,900,000) |
(1,500,000) |
||||
| 33.29 |
(d) General Assistance Grants |
(5,267,000) |
(3,190,000) |
||||
| 33.30 |
(e) Minnesota Supplemental Aid Grants |
(733,000) |
-0- |
||||
| 33.31 |
(f) Group Residential Housing Grants |
(467,000) |
(706,000) |
||||
| 33.32 |
Subd. 4.Basic Health Care Grants |
||||||
| 34.1 34.2 |
(a) Medical Assistance Basic Health Care Grants - Families and Children |
(5,599,000) |
(29,163,000) |
||||
| 34.3 34.4 |
(b) Medical Assistance Basic Health Care Grants - Elderly and Disabled |
(2,331,000) |
(23,114,000) |
||||
34.6Payments from the Medicaid Management
34.7Information System that would otherwise
34.8have been made for inpatient hospital
34.9services for Minnesota health care program
34.10enrollees must be delayed as follows: for
34.11fiscal year 2011, June payments must be
34.12included in the first payments in fiscal
34.13year 2012. The provisions of Minnesota
34.14Statutes, section 16A.124, do not apply
34.15to these delayed payments. This payment
34.16delay includes, and is not in addition to, the
34.17payment delay for inpatient hospital services
34.18in Laws 2009, chapter 79, article 13, section
34.193, subdivision 6, paragraph (c).
34.20Nonhospital Fee-for-Service Payment
34.21Delay. Payments from the Medicaid
34.22Management Information System that would
34.23otherwise have been made for nonhospital
34.24acute care services for Minnesota health
34.25care program enrollees must be delayed as
34.26follows: for fiscal year 2011, June payments
34.27must be included in the first payments in
34.28fiscal year 2012. This payment delay must
34.29not include nursing facilities, intermediate
34.30care facilities for persons with developmental
34.31disabilities, home and community-based
34.32services, prepaid health plans, personal care
34.33provider organizations, and home health
34.34agencies. The provisions of Minnesota
34.35Statutes, section 16A.124, do not apply
34.36to these delayed payments. This payment
35.1delay includes, and is not in addition to, the
35.2payment delay for nonhospital acute care
35.3services in Laws 2009, chapter 79, article 13,
35.4section 3, paragraph (c).
| 35.5 |
(c) General Assistance Medical Care Grants |
(15,879,000) |
-0- |
||||
| 35.6 35.7 |
Subd. 5.Health Care Management; Administration |
(180,000) |
(360,000) |
||||
35.9The general fund appropriation for the
35.10incentive program under Laws 2008, chapter
35.11358, article 5, section 3, subdivision 4,
35.12paragraph (b), is canceled. This paragraph is
35.13effective retroactively from January 1, 2010.
| 35.14 |
Subd. 6.Continuing Care Grants |
||||||
| 35.15 |
(a) Aging and Adult Services Grants |
(3,600,000) |
(900,000) |
||||
35.17Grants Reduction. Effective retroactively
35.18from July 1, 2009, funding for grants made
35.19under Minnesota Statutes, sections 256.9754
35.20and 256B.0917, subdivision 13, is reduced by
35.21$3,600,000 in fiscal year 2010 and $900,000
35.22in fiscal year 2011. Grants made during
35.23fiscal year 2010 under Minnesota Statutes,
35.24section 256.9754, shall not be used for new
35.25construction or building renovation.
| 35.26 35.27 |
(b) Medical Assistance Long-Term Care Facilities Grants |
(3,827,000) |
(2,520,000) |
||||
35.29Effective retroactively from July 1, 2009, to
35.30June 30, 2010, no new variable rates shall
35.31be authorized for intermediate care facilities
35.32for people with mental retardation under
35.33Minnesota Statutes, section 256B.5013,
35.34subdivision 1.
36.1ICF/MR Occupancy Rate Adjustment
36.2Suspension. Effective retroactively from
36.3July 1, 2009, to June 30, 2010, approval
36.4of new applications for occupancy rate
36.5adjustments for unoccupied short-term
36.6beds under Minnesota Statutes, section
36.7256B.5013, subdivision 7, is suspended.
| 36.8 36.9 |
(c) Medical Assistance Long-Term Care Waivers and Home Care Grants |
(2,318,000) |
(4,477,000) |
||||
36.11Factor. Effective retroactively from January
36.121, 2010, the January 1, 2010, one percent
36.13growth factor in the developmental disability
36.14waiver allocations under Minnesota Statutes,
36.15section 256B.092, subdivisions 4 and 5,
36.16that is attributable to changes in acuity, is
36.17suspended to June 30, 2011.
| 36.18 |
(d) Adult Mental Health Grants |
(5,000,000) |
-0- |
||||
| 36.19 |
(e) Chemical Dependency Entitlement Grants |
(3,622,000) |
(3,622,000) |
||||
| 36.20 36.21 |
(f) Chemical Dependency Nonentitlement Grants |
(393,000) |
(393,000) |
||||
| 36.22 |
Subd. 7.Continuing Care Management |
(350,000) |
-0- |
||||
36.24fund appropriation for the State-County
36.25Results Accountability and Service Delivery
36.26Reform under Minnesota Statutes, chapter
36.27402A, is canceled. This paragraph is
36.28effective retroactively from July 1, 2009.
| 36.29 36.30 |
Subd. 8.State-Operated Services; Adult Mental Health Services |
(422,000) |
(4,588,000) |
||||
| 36.31 |
Sec. 4. DEPARTMENT OF HEALTH |
||||||
| 36.32 |
Subdivision. 1.Total Appropriation |
$ |
(527,000) |
$ |
(525,000) |
||
37.2purpose are shown in the following
37.3subdivisions.
37.4The reductions in fiscal year 2011, other
37.5than in subdivision 3, are base reductions for
37.6fiscal year 2012 and thereafter.
| 37.7 37.8 |
Subd. 2.Community and Family Health Promotion |
(53,000) |
(355,000) |
||||
| 37.9 |
Subd. 3.Policy Quality and Compliance |
(118,000) |
(74,000) |
||||
37.11Of the general fund reduction $74,000
37.12in fiscal year 2011 is from the Office of
37.13Unlicensed Complementary and Alternative
37.14Health Care Practice. This is a onetime
37.15reduction.
| 37.16 |
Subd. 4.Health Protection |
(225,000) |
(74,000) |
||||
| 37.17 |
Subd. 5.Administrative Support Services |
(131,000) |
(22,000) |
||||
37.18 Sec. 5. Laws 2009, chapter 79, article 13, section 3, subdivision 8, as amended by
37.19Laws 2009, chapter 173, article 2, section 1, subdivision 8, is amended to read:
| 37.20 |
Subd. 8.Continuing Care Grants |
||||||
37.22appropriation for each purpose are as follows:
| 37.23 |
(a) Aging and Adult Services Grants |
13,499,000 |
15,805,000 |
||||
37.25increased by $5,751,000 in fiscal year 2012
37.26and $6,705,000 in fiscal year 2013.
37.27Information and Assistance
37.28Reimbursement. Federal administrative
37.29reimbursement obtained from information
37.30and assistance services provided by the
37.31Senior LinkAge or Disability Linkage lines
37.32to people who are identified as eligible for
38.1medical assistance shall be appropriated to
38.2the commissioner for this activity.
38.3Community Service Development Grant
38.4Reduction. Funding for community service
38.5development grants must be reduced by
38.6$260,000 for fiscal year 2010; $284,000 in
38.7fiscal year 2011; $43,000 in fiscal year 2012;
38.8and $43,000 in fiscal year 2013. Base level
38.9funding shall be restored in fiscal year 2014.
38.10Community Service Development Grant
38.11Community Initiative. Funding for
38.12community service development grants shall
38.13be used to offset the cost of aging support
38.14grants. Base level funding shall be restored
38.15in fiscal year 2014.
38.16Senior Nutrition Use of Federal Funds.
38.17For fiscal year 2010, general fund grants
38.18for home-delivered meals and congregate
38.19dining shall be reduced by $500,000. The
38.20commissioner must replace these general
38.21fund reductions with equal amounts from
38.22federal funding for senior nutrition from the
38.23American Recovery and Reinvestment Act
38.24of 2009.
| 38.25 |
(b) Alternative Care Grants |
50,234,000 |
48,576,000 |
||||
38.27decreased by $3,598,000 in fiscal year 2012
38.28and $3,470,000 in fiscal year 2013.
38.29Alternative Care Transfer. Any money
38.30allocated to the alternative care program that
38.31is not spent for the purposes indicated does
38.32not cancel but must be transferred to the
38.33medical assistance account.
| 39.1 39.2 |
(c) Medical Assistance Grants; Long-Term Care Facilities. |
367,444,000 |
419,749,000 |
||||
| 39.3 39.4 |
(d) Medical Assistance Long-Term Care Waivers and Home Care Grants |
853,567,000 |
1,039,517,000 |
||||
39.6Waivers. During the fiscal years beginning
39.7on July 1, 2009, and July 1, 2010, the
39.8commissioner shall allocate money for home
39.9and community-based waiver programs
39.10under Minnesota Statutes, section
39.11to ensure a reduction in state spending that is
39.12equivalent to limiting the caseload growth of
39.13the TBI waiver to 12.5 allocations per month
39.14each year of the biennium and the CADI
39.15waiver to 95 allocations per month each year
39.16of the biennium. Limits do not apply: (1)
39.17when there is an approved plan for nursing
39.18facility bed closures for individuals under
39.19age 65 who require relocation due to the
39.20bed closure; (2) to fiscal year 2009 waiver
39.21allocations delayed due to unallotment; or (3)
39.22to transfers authorized by the commissioner
39.23from the personal care assistance program
39.24of individuals having a home care rating
39.25of "CS," "MT," or "HL." Priorities for the
39.26allocation of funds must be for individuals
39.27anticipated to be discharged from institutional
39.28settings or who are at imminent risk of a
39.29placement in an institutional setting.
39.30Manage Growth in DD Waiver. The
39.31commissioner shall manage the growth in
39.32the DD waiver by limiting the allocations
39.33included in the February 2009 forecast to 15
39.34additional diversion allocations each month
39.35for the calendar years that begin on January
39.361, 2010, and January 1, 2011. Additional
40.1allocations must be made available for
40.2transfers authorized by the commissioner
40.3from the personal care program of individuals
40.4having a home care rating of "CS," "MT,"
40.5or "HL."
40.6Adjustment to Lead Agency Waiver
40.7Allocations. Prior to the availability of the
40.8alternative license defined in Minnesota
40.9Statutes, section
40.10the commissioner shall reduce lead agency
40.11waiver allocations for the purposes of
40.12implementing a moratorium on corporate
40.13foster care.
40.14Alternatives to Personal Care Assistance
40.15Services. Base level funding of $3,237,000
40.16in fiscal year 2012 and $4,856,000 in
40.17fiscal year 2013 is to implement alternative
40.18services to personal care assistance services
40.19for persons with mental health and other
40.20behavioral challenges who can benefit
40.21from other services that more appropriately
40.22meet their needs and assist them in living
40.23independently in the community. These
40.24services may include, but not be limited to, a
40.251915(i) state plan option.
| 40.26 |
(e) Mental Health Grants |
||||||
| 40.27 |
Appropriations by Fund |
||
| 40.28 |
General |
77,739,000 |
77,739,000 |
| 40.29 |
Health Care Access |
750,000 |
750,000 |
| 40.30 |
Lottery Prize |
1,508,000 |
1,508,000 |
40.32year's appropriation for adult mental health
40.33grants may be used to fund allocations in that
40.34portion of the fiscal year ending December
40.3531.
| 41.1 |
(f) Deaf and Hard-of-Hearing Grants |
1,930,000 |
1,917,000 |
||||
| 41.2 |
(g) Chemical Dependency Entitlement Grants |
111,303,000 |
122,822,000 |
||||
41.4For services provided during fiscal years
41.52010 and 2011, county-negotiated rates and
41.6provider claims to the consolidated chemical
41.7dependency fund must not exceed rates
41.8charged for these services on January 1,
41.92009; and rates for fiscal years 2010 and
41.102011 must not exceed 160 percent of the
41.11average rate on January 1, 2009, for each
41.12group of vendors with similar attributes.
41.13For services provided in fiscal years 2012
41.14and 2013, statewide average rates under
41.15the new rate methodology to be developed
41.16under Minnesota Statutes, section
41.17must not exceed the average rates charged
41.18for these services on January 1, 2009, plus a
41.19state share increase of $3,787,000 for fiscal
41.20year 2012 and $5,023,000 for fiscal year
41.212013. Notwithstanding any provision to the
41.22contrary in this article, this provision expires
41.23on June 30, 2013.
41.24Chemical Dependency Special Revenue
41.25Account. For fiscal year 2010, $750,000
41.26must be transferred from the consolidated
41.27chemical dependency treatment fund
41.28administrative account and deposited into the
41.29general fund.
41.30County CD Share of MA Costs for
41.31ARRA Compliance. Notwithstanding the
41.32provisions of Minnesota Statutes, chapter
41.33254B, for chemical dependency services
41.34provided during the period October 1, 2008,
42.1to December 31, 2010, and reimbursed by
42.2medical assistance at the enhanced federal
42.3matching rate provided under the American
42.4Recovery and Reinvestment Act of 2009, the
42.5county share is 30 percent of the nonfederal
42.6share. This provision is effective the day
42.7following final enactment.
| 42.8 42.9 |
(h) Chemical Dependency Nonentitlement Grants |
1,729,000 |
1,729,000 |
||||
| 42.10 |
(i) Other Continuing Care Grants |
19,201,000 |
17,528,000 |
||||
42.12increased by $2,639,000 in fiscal year 2012
42.13and increased by $3,854,000 in fiscal year
42.142013.
42.15Technology Grants. $650,000 in fiscal
42.16year 2010 and $1,000,000 in fiscal year
42.172011 are for technology grants, case
42.18consultation, evaluation, and consumer
42.19information grants related to developing and
42.20supporting alternatives to shift-staff foster
42.21care residential service models.
42.22Other Continuing Care Grants; HIV
42.23Grants. Money appropriated for the HIV
42.24drug and insurance grant program in fiscal
42.25year 2010 may be used in either year of the
42.26biennium.
42.27Quality Assurance Commission. Effective
42.28July 1, 2009, state funding for the quality
42.29assurance commission under Minnesota
42.30Statutes, section
42.31 Sec. 6. Laws 2009, chapter 79, article 13, section 4, subdivision 4, as amended by
42.32Laws 2009, chapter 173, article 2, section 2, subdivision 4, is amended to read:
| 42.33 |
Subd. 4.Health Protection |
||||||
| 43.1 |
Appropriations by Fund |
||
| 43.2 |
General |
9,871,000 |
9,780,000 |
| 43.3 43.4 |
State Government Special Revenue |
30,209,000 |
30,209,000 |
43.6reduced by $50,000 in each of fiscal years
43.72012 and 2013.
43.8Health Protection Appropriations. (a)
43.9$163,000 each year is for the lead abatement
43.10grant program.
43.11(b) $100,000 each year is for emergency
43.12preparedness and response activities.
43.13(c) $50,000 each year is for tuberculosis
43.14prevention and control. This is a onetime
43.15appropriation.
43.16
43.17
43.18
43.19
43.20American Recovery and Reinvestment
43.21Act Funds. Federal funds received
43.22by the commissioner for immunization
43.23operations from the American Recovery
43.24and Reinvestment Act of 2009, Public Law
43.25111-5, are appropriated to the commissioner
43.26for the purposes of the grant.
43.27 Sec. 7. Minnesota Statutes 2009 Supplement, section 256B.056, subdivision 3c,
43.28is amended to read:
43.29 Subd. 3c. Asset limitations for families and children. A household of two or
43.30more persons must not own more than $20,000 in total net assets except that this asset
43.31limit shall be $6,000 for the period January 1, 2011, through June 30, 2011, plus $200
43.32for each additional legal dependent, and a household of one person must not own more
43.33than $10,000 in total net assets, except that this asset limit shall be $3,000 for the period
44.1January 1, 2011, through June 30, 2011. In addition to these maximum amounts, an
44.2eligible individual or family may accrue interest on these amounts, but they must be
44.3reduced to the maximum at the time of an eligibility redetermination. The value of assets
44.4that are not considered in determining eligibility for medical assistance for families and
44.5children is the value of those assets excluded under the AFDC state plan as of July 16,
44.61996, as required by the Personal Responsibility and Work Opportunity Reconciliation
44.7Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:
44.8(1) household goods and personal effects are not considered;
44.9(2) capital and operating assets of a trade or business up to $200,000 are not
44.10considered, except that a bank account that contains personal income or assets, or is used to
44.11pay personal expenses, is not considered a capital or operating asset of a trade or business;
44.12(3) one motor vehicle is excluded for each person of legal driving age who is
44.13employed or seeking employment;
44.14(4) assets designated as burial expenses are excluded to the same extent they are
44.15excluded by the Supplemental Security Income program;
44.16(5) court-ordered settlements up to $10,000 are not considered;
44.17(6) individual retirement accounts and funds are not considered; and
44.18(7) assets owned by children are not considered.
44.19The assets specified in clause (2) must be disclosed to the local agency at the time of
44.20application and at the time of an eligibility redetermination, and must be verified upon
44.21request of the local agency.
44.22EFFECTIVE DATE.This section is effective January 1, 2011.
44.23 Sec. 8. Minnesota Statutes 2009 Supplement, section 256B.0659, subdivision 11,
44.24is amended to read:
44.25 Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
44.26must meet the following requirements:
44.27(1) be at least 18 years of age with the exception of persons who are 16 or 17 years
44.28of age with these additional requirements:
44.29(i) supervision by a qualified professional every 60 days; and
44.30(ii) employment by only one personal care assistance provider agency responsible
44.31for compliance with current labor laws;
44.32(2) be employed by a personal care assistance provider agency;
44.33(3) enroll with the department as a personal care assistant after clearing a background
44.34study. Before a personal care assistant provides services, the personal care assistance
44.35provider agency must initiate a background study on the personal care assistant under
45.1chapter 245C, and the personal care assistance provider agency must have received a
45.2notice from the commissioner that the personal care assistant is:
45.3(i) not disqualified under section
45.4(ii) is disqualified, but the personal care assistant has received a set aside of the
45.5disqualification under section
45.6(4) be able to effectively communicate with the recipient and personal care
45.7assistance provider agency;
45.8(5) be able to provide covered personal care assistance services according to the
45.9recipient's personal care assistance care plan, respond appropriately to recipient needs,
45.10and report changes in the recipient's condition to the supervising qualified professional
45.11or physician;
45.12(6) not be a consumer of personal care assistance services;
45.13(7) maintain daily written records including, but not limited to, time sheets under
45.14subdivision 12;
45.15(8) effective January 1, 2010, complete standardized training as determined by the
45.16commissioner before completing enrollment. Personal care assistant training must include
45.17successful completion of the following training components: basic first aid, vulnerable
45.18adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of
45.19personal care assistants including information about assistance with lifting and transfers
45.20for recipients, emergency preparedness, orientation to positive behavioral practices, fraud
45.21issues, and completion of time sheets. Upon completion of the training components,
45.22the personal care assistant must demonstrate the competency to provide assistance to
45.23recipients;
45.24(9) complete training and orientation on the needs of the recipient within the first
45.25seven days after the services begin; and
45.26(10) be limited to providing and being paid for up to 310 hours per month, except
45.27that this limit shall be 275 hours per month for the period July 1, 2009, through June 30,
45.282010 of personal care assistance services regardless of the number of recipients being
45.29served or the number of personal care assistance provider agencies enrolled with.
45.30(b) A legal guardian may be a personal care assistant if the guardian is not being paid
45.31for the guardian services and meets the criteria for personal care assistants in paragraph (a).
45.32(c) Effective January 1, 2010, persons who do not qualify as a personal care assistant
45.33include parents and stepparents of minors, spouses, paid legal guardians, family foster
45.34care providers, except as otherwise allowed in section
45.35staff of a residential setting.
45.36EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
46.1 Sec. 9. Minnesota Statutes 2009 Supplement, section 256B.441, subdivision 55,
46.2is amended to read:
46.3 Subd. 55. Phase-in of rebased operating payment rates. (a) For the rate years
46.4beginning October 1, 2008, to October 1, 2015, the operating payment rate calculated
46.5under this section shall be phased in by blending the operating rate with the operating
46.6payment rate determined under section
46.7rate to be used that is determined under section
46.8the operating payment rate related to performance-based incentive payments under section
46.10operating payment rate for each facility shall be 13 percent of the operating payment rate
46.11from this section, and 87 percent of the operating payment rate from section
46.12
46.13
46.14
46.15October 1, 2010; October 1, 2011; and October 1, 2012, no rate adjustments shall be
46.16implemented under this section, but shall be determined under section
46.17rate year beginning October 1, 2013, the operating payment rate for each facility shall be
46.1865 percent of the operating payment rate from this section, and 35 percent of the operating
46.19payment rate from section
46.20operating payment rate for each facility shall be 82 percent of the operating payment rate
46.21from this section, and 18 percent of the operating payment rate from section
46.22the rate year beginning October 1, 2015, the operating payment rate for each facility shall
46.23be the operating payment rate determined under this section. The blending of operating
46.24payment rates under this section shall be performed separately for each RUG's class.
46.25 (b) For the rate year beginning October 1, 2008, the commissioner shall apply limits
46.26to the operating payment rate increases under paragraph (a) by creating a minimum
46.27percentage increase and a maximum percentage increase.
46.28 (1) Each nursing facility that receives a blended October 1, 2008, operating payment
46.29rate increase under paragraph (a) of less than one percent, when compared to its operating
46.30payment rate on September 30, 2008, computed using rates with RUG's weight of
46.31shall receive a rate adjustment of one percent.
46.32 (2) The commissioner shall determine a maximum percentage increase that will
46.33result in savings equal to the cost of allowing the minimum increase in clause (1). Nursing
46.34facilities with a blended October 1, 2008, operating payment rate increase under paragraph
46.35(a) greater than the maximum percentage increase determined by the commissioner, when
47.1compared to its operating payment rate on September 30, 2008, computed using rates with
47.2a RUG's weight of
47.3 (3) Nursing facilities with a blended October 1, 2008, operating payment rate
47.4increase under paragraph (a) greater than one percent and less than the maximum
47.5percentage increase determined by the commissioner, when compared to its operating
47.6payment rate on September 30, 2008, computed using rates with a RUG's weight of
47.7shall receive the blended October 1, 2008, operating payment rate increase determined
47.8under paragraph (a).
47.9 (4) The October 1, 2009, through October 1, 2015, operating payment rate for
47.10facilities receiving the maximum percentage increase determined in clause (2) shall be
47.11the amount determined under paragraph (a) less the difference between the amount
47.12determined under paragraph (a) for October 1, 2008, and the amount allowed under clause
47.13(2). This rate restriction does not apply to rate increases provided in any other section.
47.14 (c) A portion of the funds received under this subdivision that are in excess of
47.15operating payment rates that a facility would have received under section
47.16determined in accordance with clauses (1) to (3), shall be subject to the requirements in
47.17section
47.18 (1) Determine the amount of additional funding available to a facility, which shall be
47.19equal to total medical assistance resident days from the most recent reporting year times
47.20the difference between the blended rate determined in paragraph (a) for the rate year being
47.21computed and the blended rate for the prior year.
47.22 (2) Determine the portion of all operating costs, for the most recent reporting year,
47.23that are compensation related. If this value exceeds 75 percent, use 75 percent.
47.24 (3) Subtract the amount determined in clause (2) from 75 percent.
47.25 (4) The portion of the fund received under this subdivision that shall be subject to
47.26the requirements in section
47.27the amount determined in clause (1) times the amount determined in clause (3).
47.28EFFECTIVE DATE.This section is effective retroactively from October 1, 2009.
47.29 Sec. 10. Minnesota Statutes 2009 Supplement, section 256B.69, subdivision 5a,
47.30is amended to read:
47.31 Subd. 5a. Managed care contracts. (a) Managed care contracts under this section
47.32and sections
47.33basis beginning January 1, 1996. Managed care contracts which were in effect on June
47.3430, 1995, and set to renew on July 1, 1995, shall be renewed for the period July 1, 1995
47.35through December 31, 1995 at the same terms that were in effect on June 30, 1995. The
48.1commissioner may issue separate contracts with requirements specific to services to
48.2medical assistance recipients age 65 and older.
48.3 (b) A prepaid health plan providing covered health services for eligible persons
48.4pursuant to chapters 256B, 256D, and 256L, is responsible for complying with the terms
48.5of its contract with the commissioner. Requirements applicable to managed care programs
48.6under chapters 256B, 256D, and 256L, established after the effective date of a contract
48.7with the commissioner take effect when the contract is next issued or renewed.
48.8 (c) Effective for services rendered on or after January 1, 2003, the commissioner
48.9shall withhold five percent of managed care plan payments under this section and
48.10county-based purchasing plan's payment rate under section
48.11medical assistance and general assistance medical care programs pending completion of
48.12performance targets. Each performance target must be quantifiable, objective, measurable,
48.13and reasonably attainable, except in the case of a performance target based on a federal
48.14or state law or rule. Criteria for assessment of each performance target must be outlined
48.15in writing prior to the contract effective date. The managed care plan must demonstrate,
48.16to the commissioner's satisfaction, that the data submitted regarding attainment of
48.17the performance target is accurate. The commissioner shall periodically change the
48.18administrative measures used as performance targets in order to improve plan performance
48.19across a broader range of administrative services. The performance targets must include
48.20measurement of plan efforts to contain spending on health care services and administrative
48.21activities. The commissioner may adopt plan-specific performance targets that take into
48.22account factors affecting only one plan, including characteristics of the plan's enrollee
48.23population. The withheld funds must be returned no sooner than July of the following
48.24year if performance targets in the contract are achieved. The commissioner may exclude
48.25special demonstration projects under subdivision 23.
48.26 (d) Effective for services rendered on or after January 1, 2009, through December 31,
48.272009, the commissioner shall withhold three percent of managed care plan payments under
48.28this section and county-based purchasing plan payments under section
48.29prepaid medical assistance and general assistance medical care programs. The withheld
48.30funds must be returned no sooner than July 1 and no later than July 31 of the following
48.31year. The commissioner may exclude special demonstration projects under subdivision 23.
48.32 The return of the withhold under this paragraph is not subject to the requirements of
48.33paragraph (c).
48.34(e) Effective for services provided on or after January 1, 2010, the commissioner
48.35shall require that managed care plans use the assessment and authorization processes,
48.36forms, timelines, standards, documentation, and data reporting requirements, protocols,
49.1billing processes, and policies consistent with medical assistance fee-for-service or the
49.2Department of Human Services contract requirements consistent with medical assistance
49.3fee-for-service or the Department of Human Services contract requirements for all
49.4personal care assistance services under section
49.5(f) Effective for services rendered on or after January 1, 2010, through December
49.631, 2010, the commissioner shall withhold
49.7under this section and county-based purchasing plan payments under section
49.9sooner than July 1 and no later than July 31 of the following year. The commissioner may
49.10exclude special demonstration projects under subdivision 23.
49.11(g) Effective for services rendered on or after January 1, 2011, through December 31,
49.122011, the commissioner shall withhold
49.13under this section and county-based purchasing plan payments under section
49.14for the prepaid medical assistance program. The withheld funds must be returned no
49.15sooner than July 1 and no later than July 31 of the following year. The commissioner
49.16may exclude special demonstration projects under subdivision 23. If an extension of the
49.17enhanced federal medical assistance percentage (FMAP) under Public Law 111-5, section
49.185001, is enacted before June 15, 2010, the withhold percentage stated in this paragraph
49.19shall be 4.0 percent.
49.20(h) Effective for services rendered on or after January 1, 2012, through December
49.2131, 2012, the commissioner shall withhold 4.5 percent of managed care plan payments
49.22under this section and county-based purchasing plan payments under section
49.24sooner than July 1 and no later than July 31 of the following year. The commissioner may
49.25exclude special demonstration projects under subdivision 23.
49.26(i) Effective for services rendered on or after January 1, 2013, through December 31,
49.272013, the commissioner shall withhold 4.5 percent of managed care plan payments under
49.28this section and county-based purchasing plan payments under section
49.29prepaid medical assistance program. The withheld funds must be returned no sooner than
49.30July 1 and no later than July 31 of the following year. The commissioner may exclude
49.31special demonstration projects under subdivision 23.
49.32(j) Effective for services rendered on or after January 1, 2014, the commissioner
49.33shall withhold three percent of managed care plan payments under this section and
49.34county-based purchasing plan payments under section
49.35assistance and prepaid general assistance medical care programs. The withheld funds must
50.1be returned no sooner than July 1 and no later than July 31 of the following year. The
50.2commissioner may exclude special demonstration projects under subdivision 23.
50.3(k) A managed care plan or a county-based purchasing plan under section
50.5section that is reasonably expected to be returned.
50.6(l) Contracts between the commissioner and a prepaid health plan are exempt from
50.7the set-aside and preference provisions of section
50.8(a), and 7.
50.9EFFECTIVE DATE.The additional withhold percentage in paragraph (f) is
50.10effective retroactively from January 1, 2010.
50.11 Sec. 11. Minnesota Statutes 2009 Supplement, section 256B.76, subdivision 1, is
50.12amended to read:
50.13 Subdivision 1. Physician reimbursement. (a) Effective for services rendered on
50.14or after October 1, 1992, the commissioner shall make payments for physician services
50.15as follows:
50.16 (1) payment for level one Centers for Medicare and Medicaid Services' common
50.17procedural coding system codes titled "office and other outpatient services," "preventive
50.18medicine new and established patient," "delivery, antepartum, and postpartum care,"
50.19"critical care," cesarean delivery and pharmacologic management provided to psychiatric
50.20patients, and level three codes for enhanced services for prenatal high risk, shall be paid
50.21at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June
50.2230, 1992. If the rate on any procedure code within these categories is different than the
50.23rate that would have been paid under the methodology in section
50.24then the larger rate shall be paid;
50.25 (2) payments for all other services shall be paid at the lower of (i) submitted charges,
50.26or (ii) 15.4 percent above the rate in effect on June 30, 1992; and
50.27 (3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th
50.28percentile of 1989, less the percent in aggregate necessary to equal the above increases
50.29except that payment rates for home health agency services shall be the rates in effect
50.30on September 30, 1992.
50.31 (b) Effective for services rendered on or after January 1, 2000, payment rates for
50.32physician and professional services shall be increased by three percent over the rates
50.33in effect on December 31, 1999, except for home health agency and family planning
50.34agency services. The increases in this paragraph shall be implemented January 1, 2000,
50.35for managed care.
51.1(c) Effective for services rendered on or after July 1, 2009, payment rates for
51.2physician and professional services shall be reduced by five percent, except that for the
51.3period July 1, 2009, through June 30, 2011, payments rates shall be reduced by 6.5 percent
51.4for the medical assistance and general assistance medical care programs, over the rates in
51.5effect on June 30, 2009. The additional 1.5 percent reduction in effect for the period from
51.6July 1, 2010, to June 30, 2011, does not apply to physician services billed by a psychiatrist
51.7or an advanced practice registered nurse with a specialty in mental health. This reduction
51.8does not apply to office or other outpatient visits, preventive medicine visits and family
51.9planning visits billed by physicians, advanced practice nurses, or physician assistants in a
51.10family planning agency or in one of the following primary care practices: general practice,
51.11general internal medicine, general pediatrics, general geriatrics, and family medicine. This
51.12reduction does not apply to federally qualified health centers, rural health centers, and
51.13Indian health services. Effective October 1, 2009, payments made to managed care plans
51.14and county-based purchasing plans under sections
51.15reflect the payment reduction described in this paragraph.
51.16EFFECTIVE DATE.The additional rate reductions in this section are effective
51.17retroactively from July 1, 2009.
51.18 Sec. 12. Minnesota Statutes 2008, section 256B.76, subdivision 4, is amended to read:
51.19 Subd. 4. Critical access dental providers. (a) Effective for dental services rendered
51.20on or after January 1, 2002, the commissioner shall increase reimbursements to dentists
51.21and dental clinics deemed by the commissioner to be critical access dental providers.
51.22For dental services rendered on or after July 1, 2007, the commissioner shall increase
51.23reimbursement by 30 percent above the reimbursement rate that would otherwise be paid to
51.24the critical access dental provider. The commissioner shall pay the health plan companies
51.25in amounts sufficient to reflect increased reimbursements to critical access dental providers
51.26as approved by the commissioner. In determining which dentists and dental clinics shall
51.27be deemed critical access dental providers, the commissioner shall review:
51.28 (1) the utilization rate in the service area in which the dentist or dental clinic operates
51.29for dental services to patients covered by medical assistance, general assistance medical
51.30care, or MinnesotaCare as their primary source of coverage;
51.31 (2) the level of services provided by the dentist or dental clinic to patients covered
51.32by medical assistance, general assistance medical care, or MinnesotaCare as their primary
51.33source of coverage; and
51.34 (3) whether the level of services provided by the dentist or dental clinic is critical to
51.35maintaining adequate levels of patient access within the service area.
52.1In the absence of a critical access dental provider in a service area, the commissioner may
52.2designate a dentist or dental clinic as a critical access dental provider if the dentist or
52.3dental clinic is willing to provide care to patients covered by medical assistance, general
52.4assistance medical care, or MinnesotaCare at a level which significantly increases access
52.5to dental care in the service area.
52.6(b) Notwithstanding paragraph (a), critical access payments must not be made for
52.7dental services provided from April 1, 2010, to June 30, 2010
52.8EFFECTIVE DATE.This section is effective retroactively from April 1, 2010.
52.9 Sec. 13. Minnesota Statutes 2009 Supplement, section 256B.766, is amended to read:
52.10256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
52.11(a) Effective for services provided on or after July 1, 2009, total payments for basic
52.12care services, shall be reduced by three percent, except that for the period July 1, 2009,
52.13through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical
52.14assistance and general assistance medical care programs, prior to third-party liability
52.15and spenddown calculation. Payments made to managed care plans and county-based
52.16purchasing plans shall be reduced for services provided on or after October 1, 2009,
52.17to reflect this reduction.
52.18(b) This section does not apply to physician and professional services, inpatient
52.19hospital services, family planning services, mental health services, dental services,
52.20prescription drugs, medical transportation, federally qualified health centers, rural health
52.21centers, Indian health services, and Medicare cost-sharing.
52.22EFFECTIVE DATE.The additional rate reductions in this section are effective
52.23retroactively from July 1, 2009.
52.24 Sec. 14. REDUCTION OF GROUP RESIDENTIAL HOUSING
52.25SUPPLEMENTAL SERVICE RATE.
52.26Effective retroactively from November 1, 2009, through June 30, 2011, the
52.27commissioner of human services shall decrease the group residential housing (GRH)
52.28supplementary service rate under Minnesota Statutes, section 256I.05, subdivision 1a, by
52.29five percent for services rendered on or after that date, except that reimbursement rates
52.30for a GRH facility reimbursed as a nursing facility shall not be reduced. The reduction
52.31in this paragraph is in addition to the reduction under Laws 2009, chapter 79, article
52.328, section 79, paragraph (b), clause (11).
53.1EFFECTIVE DATE.This section is effective retroactively from November 1, 2009.
53.2 Sec. 15. ARTICLE EFFECTIVE DATE.
53.3This article is effective the day following final enactment. If an extension of the
53.4enhanced federal medical assistance percentage (FMAP) under Public Law 111-5, section
53.55001, to at least June 30, 2011, is enacted by June 15, 2010, and notwithstanding the
53.6immediate or retroactive effective dates for various sections of this article, reductions in
53.7this article effective on or after July 1, 2010, except for reductions to appropriations for
53.8state agency administrative costs in section 3, subdivision 2, and section 4, shall not
53.9take effect.
53.12 Section 1. Minnesota Statutes 2008, section 273.1384, subdivision 6, as added by Laws
53.132010, chapter 215, article 13, section 2, is amended to read:
53.14 Subd. 6. Credit reduction. In 2011 and each year thereafter, the market value
53.15credit reimbursement amount for each taxing jurisdiction determined under this section
53.16is reduced by the dollar amount of the reduction in market value credit reimbursements
53.17for that taxing jurisdiction in 2010 due to
53.18
53.19jurisdiction's market value credit reimbursements are reduced to less than zero under
53.20this subdivision. The commissioner of revenue shall pay the annual market value credit
53.21reimbursement amounts, after reduction under this subdivision, to the affected taxing
53.22jurisdictions as provided in this section.
53.23EFFECTIVE DATE.This section is effective for taxes payable in 2011 and
53.24thereafter.
53.25 Sec. 2. [477A.01325] 2009 AND 2010 AID REDUCTIONS.
53.26 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
53.27have the meanings given them in this subdivision.
53.28(b) The "2009 revenue base" for a statutory or home rule charter city is the sum of
53.29the city's certified property tax levy for taxes payable in 2009, plus the amount of local
53.30government aid under Minnesota Statutes, section 477A.013, subdivision 9, that the city
53.31was certified to receive in 2009, plus the amount of taconite aids under Minnesota Statutes,
53.32sections 298.28 and 298.282, that the city was certified to receive in 2009, including any
53.33amounts required to be placed in a special fund for distribution in a later year.
54.1(c) The "2009 revenue base" for a county is the sum of the county's certified
54.2property tax levy for taxes payable in 2009, plus the amount of county program aid under
54.3Minnesota Statutes, section 477A.0124, that the county was certified to receive in 2009,
54.4plus the amount of taconite aids under Minnesota Statutes, sections 298.28 and 298.282,
54.5that the county was certified to receive in 2009, including any amounts required to be
54.6placed in a special fund for distribution in a later year.
54.7(d) The "2009 revenue base" for a town is the sum of the town's certified property
54.8tax levy for taxes payable in 2009, plus the amount of aid under Minnesota Statutes,
54.9section 477A.013, that the town was certified to receive in 2009, plus the amount of
54.10taconite aids under Minnesota Statutes, section 298.28 and 298.282, that the town was
54.11certified to receive in 2009, including any amounts required to be placed in a special
54.12fund for distribution in a later year.
54.13(e) "Population" means the population of the county, city, or town for 2007 based on
54.14information available to the commissioner of revenue in July 2009.
54.15(f) "Adjusted net tax capacity" means the amount of net tax capacity for the county,
54.16city, or town, computed using equalized market values according to Minnesota Statutes,
54.17section 477A.011, subdivision 20, for aid payable in 2009.
54.18(g) "Adjusted net tax capacity per capita" means the jurisdiction's adjusted net tax
54.19capacity divided by its population.
54.20 Subd. 2. 2009 aid reductions. (a) The commissioner of revenue must compute a
54.212009 aid reduction amount for each county.
54.22The aid reduction amount is zero for a county with a population of less than 5,000,
54.23and is zero for a county containing the Shooting Star Casino property that was removed
54.24from the tax rolls in 2009.
54.25For all other counties, the aid reduction amount is equal to 1.188968672 percent of
54.26the county's 2009 revenue base.
54.27The reduction amount is limited to the sum of the amount of county program aid
54.28under Minnesota Statutes, section 477A.0124, that the county was certified to receive in
54.292009, plus the amount of market value credit reimbursements under Minnesota Statutes,
54.30section 273.1384, payable to the county in 2009 before the reductions in this section.
54.31The reduction amount is applied first to reduce the amount payable to the county
54.32in 2009 as county program aid under Minnesota Statutes, section 477A.013, and then,
54.33if necessary, to reduce the amount payable to the county in 2009 as market value credit
54.34reimbursements under Minnesota Statutes, section 273.1384.
54.35No county's aid or reimbursements are reduced to less than zero under this section.
55.1(b) The commissioner of revenue must compute a 2009 aid reduction amount for
55.2each city.
55.3The aid reduction amount is zero for any city with a population of less than 1,000
55.4that has an adjusted net tax capacity per capita amount less than the statewide average
55.5adjusted net tax capacity amount per capita for all cities. The aid reduction amount is
55.6also zero for a city located outside the seven-county metropolitan area, with a 2006
55.7population greater than 3,500, a pre-1940 housing percentage greater than 29 percent,
55.8a commercial-industrial percentage less than nine percent, and a population decline
55.9percentage of zero based on the data used to certify the 2009 local government aid
55.10distribution under Minnesota Statutes, section 477A.013.
55.11For all other cities, the aid reduction amount is equal to 3.3127634 percent of the
55.12city's 2009 revenue base.
55.13The reduction amount is limited to the sum of the amount of local government aid
55.14under Minnesota Statutes, section 477A.013, subdivision 9, that the city was certified to
55.15receive in 2009, plus the amount of market value credit reimbursements under Minnesota
55.16Statutes, section 273,1384, payable to the city in 2009 before the reductions in this section.
55.17The reduction amount for a city is further limited to $22 per capita.
55.18The reduction amount is applied first to reduce the amount payable to the city in
55.192009 as local government aid under Minnesota Statutes, section 477A.013, and then,
55.20if necessary, to reduce the amount payable to the city in 2009 as market value credit
55.21reimbursements under Minnesota Statutes, section 273.1384.
55.22No city's aid or reimbursements are reduced to less than zero under this section.
55.23(c) The commissioner of revenue must compute a 2009 aid reduction amount for
55.24each town.
55.25The aid reduction amount is zero for any town with a population of less than 1,000
55.26that has an adjusted net tax capacity per capita amount less than the statewide average
55.27adjusted net tax capacity amount per capita for all towns.
55.28For all other towns, the aid reduction amount is equal to 1.735103 percent of the
55.29town's 2009 revenue base.
55.30The reduction amount is limited to $5 per capita.
55.31The reduction amount is applied to reduce the amount payable to the town in 2009
55.32as market value credit reimbursements under Minnesota Statutes, section 273.1384.
55.33No town's reimbursements are reduced to less than zero under this section.
55.34 Subd. 3. 2010 aid reductions. (a) The commissioner of revenue must compute a
55.352010 aid reduction amount for each county.
56.1The aid reduction amount is zero for a county with a population of less than 5,000,
56.2and is zero for a county containing the Shooting Star Casino property that was removed
56.3from the tax rolls in 2009.
56.4For all other counties, the aid reduction amount is equal to 2.41396687 percent of
56.5the county's 2009 revenue base.
56.6The reduction amount is limited to the sum of the amount of county program aid
56.7under Minnesota Statutes, section 477A.0124, that the county was certified to receive in
56.82009, plus the amount of market value credit reimbursements under Minnesota Statutes,
56.9section 273.1384, payable to the county in 2009 before the reductions in this section.
56.10The reduction amount is applied first to reduce the amount payable to the county
56.11in 2010 as county program aid under Minnesota Statutes, section 477A.013, and then,
56.12if necessary, to reduce the amount payable to the county in 2010 as market value credit
56.13reimbursements under Minnesota Statutes, section 273.1384.
56.14No county's aid or reimbursements are reduced to less than zero under this section.
56.15(b) The commissioner of revenue must compute a 2010 aid reduction amount for
56.16each city.
56.17The aid reduction amount is zero for any city with a population of less than 1,000
56.18that has an adjusted net tax capacity per capita amount less than the statewide average
56.19adjusted net tax capacity amount per capita for all cities.
56.20For all other cities, the aid reduction amount is equal to 7.643803025 percent of the
56.21city's 2009 revenue base.
56.22The reduction amount is limited to the sum of the amount of local government aid
56.23under Minnesota Statutes, section 477A.013, subdivision 9, that the city was certified to
56.24receive in 2010, plus the amount of market value credit reimbursements under Minnesota
56.25Statutes, section 273.1384, payable to the city in 2010 before the reductions in this section.
56.26The reduction amount for a city is further limited to $55 per capita.
56.27The reduction amount is applied first to reduce the amount payable to the city in
56.282010 as local government aid under Minnesota Statutes, section 477A.013, and then,
56.29if necessary, to reduce the amount payable to the city in 2010 as market value credit
56.30reimbursements under Minnesota Statutes, section 273.1384.
56.31No city's aid or reimbursements are reduced to less than zero under this section.
56.32(c) The commissioner of revenue must compute a 2010 aid reduction amount for
56.33each town.
56.34The aid reduction amount is zero for any town with a population of less than 1,000
56.35that has an adjusted net tax capacity per capita amount less than the statewide average
56.36adjusted net tax capacity amount per capita for all towns.
57.1For all other towns, the aid reduction amount is equal to 3.660798 percent of the
57.2town's 2009 revenue base.
57.3The reduction amount is limited to $10 per capita.
57.4The reduction amount is applied to reduce the amount payable to the town in 2010
57.5as market value credit reimbursements under Minnesota Statutes, section 273.1384.
57.6No town's reimbursements are reduced to less than zero under this section.
57.7EFFECTIVE DATE.This section is effective the day following final enactment
57.8and is retroactive for aids and credit reimbursements payable in 2009.
57.9 Sec. 3. Laws 2010, chapter 215, article 13, section 6, is amended to read:
57.10 Sec. 6. 477A.0133 ADDITIONAL 2010 AID AND CREDIT REDUCTIONS.
57.11 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
57.12have the meanings given them in this subdivision.
57.13(b) The "2010 revenue base" for a county is the sum of the county's certified property
57.14tax levy for taxes payable in 2010, plus the amount of county program aid under section
57.16aids under sections
57.17including any amounts required to be placed in a special fund for distribution in a later year.
57.18(c) The "2010 revenue base" for a statutory or home rule charter city is the sum of
57.19the city's certified property tax levy for taxes payable in 2010, plus the amount of local
57.20government aid under section
57.21receive in 2010, plus the amount of taconite aids under sections
57.22the city was certified to receive in 2010 including any amounts required to be placed in a
57.23special fund for distribution in a later year.
57.24 Subd. 2. 2010 reductions; counties and cities. The commissioner of revenue
57.25must compute additional 2010 aid and credit reimbursement reduction amounts for each
57.26county and city under this section, after implementing any reduction of county program
57.27aid under section
57.28value credit reimbursements under section
57.29
57.30The additional reduction amounts under this section are limited to the sum of the
57.31amount of county program aid under section
57.32section
57.33payable to the county or city in 2010 before the reductions in this section, but after the
57.34reductions
58.1The reduction amount under this section is applied first to reduce the amount
58.2payable to the county or city in 2010 as market value credit reimbursements under section
58.4aid under section
58.6No aid or reimbursement amount is reduced to less than zero under this section.
58.7The additional 2010 aid reduction amount for a county is equal to 1.82767 percent
58.8of the county's 2010 revenue base. The additional 2010 aid reduction amount for a city
58.9is equal to the lesser of (1) 3.4287 percent of the city's 2010 revenue base or (2) $28
58.10multiplied by the city's 2008 population.
58.11EFFECTIVE DATE.This section is effective the day following final enactment.
58.12 Sec. 4. REFUNDS AND CREDITS.
58.13 Subdivision 1. Political contribution credit. Notwithstanding the provisions of
58.14Minnesota Statutes, section 290.06, subdivision 23, or any other law to the contrary, the
58.15political contribution refund does not apply to contributions made after June 30, 2009,
58.16and before July 1, 2011.
58.17 Subd. 2. Property tax refund. For property tax refunds based on rent paid during
58.18calendar year 2009 only (but also applying to refunds based on property taxes payable in
58.192010 that include gross rent paid in 2009), the following rules apply:
58.20(1) "rent constituting property taxes" must be calculated by substituting "15 percent"
58.21for "19 percent" under Minnesota Statutes, section 290A.03, subdivision 11; and
58.22(2) "property taxes payable" must be calculated under Minnesota Statutes, section
58.23290A.03, subdivision 13, by substituting "15 percent" for "19 percent" in determining the
58.24portion of gross rent paid that is included in property taxes payable.
58.25 Subd. 3. Sustainable forest incentive program. The maximum sustainable forest
58.26incentive program payments under Minnesota Statutes, section 290C.07, per each Social
58.27Security number or state or federal business tax identification number must not exceed
58.28$100,000. The provisions of this subdivision apply only to payments made during fiscal
58.29years 2010 and 2011.
58.30EFFECTIVE DATE.This section is effective the day following final enactment.
58.31 Sec. 5. LEVY VALIDATION.
59.1Any special levy under Minnesota Statutes, section 275.70, subdivision 5, clause
59.2(22), approved by the commissioner of revenue for taxes payable in 2010, is validated
59.3notwithstanding a later judicial decision that may affect the validity of unallotments that
59.4were announced in 2009. A local government may not levy under Minnesota Statutes,
59.5section 275.70, subdivision 5, clause (22) for taxes payable in 2011 for any retroactive
59.6reduction in aid and credit reimbursements for aids and credits payable in 2008 or 2009.
59.7EFFECTIVE DATE.This section is effective the day following final enactment.
59.10 Section 1. Minnesota Statutes 2008, section 3.9741, subdivision 2, is amended to read:
59.11 Subd. 2. Postsecondary Education Board. The legislative auditor may enter into
59.12an interagency agreement with the Board of Trustees of the Minnesota State Colleges and
59.13Universities to conduct financial audits, in addition to audits conducted under section
59.15
59.16the legislative auditor to pay audit expenses.
59.17 Sec. 2. Minnesota Statutes 2008, section 8.15, subdivision 3, is amended to read:
59.18 Subd. 3. Agreements. (a) To facilitate the delivery of legal services, the attorney
59.19general may:
59.20(1) enter into agreements with executive branch agencies, political subdivisions, or
59.21quasi-state agencies to provide legal services for the benefit of the citizens of Minnesota;
59.22and
59.23(2) in addition to funds otherwise appropriated by the legislature, accept and spend
59.24funds received under any agreement authorized in clause (1) for the purpose set forth in
59.25clause (1), subject to a report of receipts to the chairs of the senate Finance Committee and
59.26the house of representatives Ways and Means Committee by October 15 each year.
59.27(b) When entering into an agreement for legal services, the attorney general must
59.28notify the committees responsible for funding the Office of the Attorney General. When
59.29the attorney general enters into an agreement with a state agency, the attorney general
59.30must also notify the committees responsible for funding that agency.
59.31Funds received under this subdivision must be deposited in
59.32the special revenue fund and are appropriated to the attorney general for the purposes set
59.33forth in this subdivision.
60.1 Sec. 3. Minnesota Statutes 2008, section 13.03, subdivision 10, is amended to read:
60.2 Subd. 10. Costs for providing copies of data. Money may be collected by a
60.3responsible authority in a state agency for the actual cost to the agency of providing
60.4copies or electronic transmittal of government data
60.5
60.6purposes in this subdivision is of a magnitude sufficient to warrant a separate account in
60.7the state treasury, that money must be deposited in a fund other than the general fund
60.8and is appropriated to the agency.
60.9 Sec. 4. Minnesota Statutes 2008, section 16C.23, subdivision 6, is amended to read:
60.10 Subd. 6. State surplus property. The commissioner may do any of the following to
60.11dispose of state surplus property:
60.12(1) transfer it to or between state agencies;
60.13(2) transfer it to a governmental unit or nonprofit organization in Minnesota; or
60.14(3) sell it and charge a fee to cover expenses incurred by the commissioner in the
60.15disposal of the surplus property.
60.16The proceeds of the sale less the fee must be deposited in an account in a fund other
60.17than the general fund and are appropriated to the agency for whose account the sale was
60.18made, to be used and expended by that agency to purchase similar state property.
60.19 Sec. 5. Minnesota Statutes 2008, section 103B.101, subdivision 9, is amended to read:
60.20 Subd. 9. Powers and duties. In addition to the powers and duties prescribed
60.21elsewhere, the board shall:
60.22(1) coordinate the water and soil resources planning activities of counties, soil and
60.23water conservation districts, watershed districts, watershed management organizations,
60.24and any other local units of government through its various authorities for approval of
60.25local plans, administration of state grants, and by other means as may be appropriate;
60.26(2) facilitate communication and coordination among state agencies in cooperation
60.27with the Environmental Quality Board, and between state and local units of government,
60.28in order to make the expertise and resources of state agencies involved in water and soil
60.29resources management available to the local units of government to the greatest extent
60.30possible;
60.31(3) coordinate state and local interests with respect to the study in southwestern
60.32Minnesota under United States Code, title 16, section 1009;
61.1(4) develop information and education programs designed to increase awareness
61.2of local water and soil resources problems and awareness of opportunities for local
61.3government involvement in preventing or solving them;
61.4(5) provide a forum for the discussion of local issues and opportunities relating
61.5to water and soil resources management;
61.6(6) adopt an annual budget and work program that integrate the various functions
61.7and responsibilities assigned to it by law; and
61.8(7) report to the governor and the legislature by October 15 of each even-numbered
61.9year with an assessment of board programs and recommendations for any program
61.10changes and board membership changes necessary to improve state and local efforts
61.11in water and soil resources management.
61.12The board may accept grants, gifts, donations, or contributions in money, services,
61.13materials, or otherwise from the United States, a state agency, or other source to achieve
61.14an authorized purpose. The board may enter into a contract or agreement necessary or
61.15appropriate to accomplish the transfer. The board may receive and expend money to
61.16acquire conservation easements, as defined in chapter 84C, on behalf of the state and
61.17federal government consistent with the Camp Ripley's Army Compatible Use Buffer
61.18Project.
61.19Any money received is hereby deposited in an account in a fund other than the
61.20general fund and appropriated and dedicated for the purpose for which it is granted.
61.21 Sec. 6. Minnesota Statutes 2008, section 103I.681, subdivision 11, is amended to read:
61.22 Subd. 11. Permit fee schedule. (a) The commissioner of natural resources shall
61.23adopt a permit fee schedule under chapter 14. The schedule may provide minimum fees
61.24for various classes of permits, and additional fees, which may be imposed subsequent
61.25to the application, based on the cost of receiving, processing, analyzing, and issuing
61.26the permit, and the actual inspecting and monitoring of the activities authorized by the
61.27permit, including costs of consulting services.
61.28(b) A fee may not be imposed on a state or federal governmental agency applying
61.29for a permit.
61.30(c) The fee schedule may provide for the refund of a fee, in whole or in part, under
61.31circumstances prescribed by the commissioner of natural resources. Fees received must
61.32be deposited in the state treasury and credited to
61.33resources fund. Permit fees received are appropriated annually from the
61.34resources fund to the commissioner of natural resources for the costs of inspecting and
61.35monitoring the activities authorized by the permit, including costs of consulting services.
62.1 Sec. 7. Minnesota Statutes 2008, section 116J.551, subdivision 1, is amended to read:
62.2 Subdivision 1. Grant account. A contaminated site cleanup and development grant
62.3account is created in the
62.4as appropriated by law, to make grants as provided in section
62.5commissioner's costs in reviewing applications and making grants. Notwithstanding
62.6section
62.7is available until spent.
62.8 Sec. 8. Minnesota Statutes 2008, section 190.32, is amended to read:
62.9190.32 FEDERAL REIMBURSEMENT RECEIPTS.
62.10The Department of Military Affairs may deposit federal reimbursement receipts into
62.11
62.12facilities. These receipts are for services, supplies, and materials initially purchased by the
62.13Camp Ripley maintenance account.
62.14 Sec. 9. Minnesota Statutes 2008, section 257.69, subdivision 2, is amended to read:
62.15 Subd. 2. Guardian; legal fees. (a) The court may order expert witness and guardian
62.16ad litem fees and other costs of the trial and pretrial proceedings, including appropriate
62.17tests, to be paid by the parties in proportions and at times determined by the court. The
62.18court shall require a party to pay part of the fees of court-appointed counsel according
62.19to the party's ability to pay, but if counsel has been appointed the appropriate agency
62.20shall pay the party's proportion of all other fees and costs. The agency responsible for
62.21child support enforcement shall pay the fees and costs for blood or genetic tests in a
62.22proceeding in which it is a party, is the real party in interest, or is acting on behalf of the
62.23child. However, at the close of a proceeding in which paternity has been established under
62.24sections
62.25public agency, if the court finds he has sufficient resources to pay the costs of the blood or
62.26genetic tests. When a party bringing an action is represented by the county attorney, no
62.27filing fee shall be paid to the court administrator.
62.28(b) In each fiscal year, the commissioner of management and budget shall deposit
62.29guardian ad litem reimbursements in the
62.30separate account with the trial courts. The balance of this account is appropriated to the
62.31trial courts and does not cancel but is available until expended. Expenditures by the state
62.32court administrator's office from this account must be based on the amount of the guardian
62.33ad litem reimbursements received by the state from the courts in each judicial district.
63.1 Sec. 10. Minnesota Statutes 2008, section 260C.331, subdivision 6, is amended to read:
63.2 Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a
63.3guardian ad litem pursuant to section
63.4inquire into the ability of the parents to pay for the guardian ad litem's services and,
63.5after giving the parents a reasonable opportunity to be heard, may order the parents to
63.6pay guardian fees.
63.7(b) In each fiscal year, the commissioner of management and budget shall deposit
63.8guardian ad litem reimbursements in the
63.9separate account with the trial courts. The balance of this account is appropriated to the
63.10trial courts and does not cancel but is available until expended. Expenditures by the state
63.11court administrator's office from this account must be based on the amount of the guardian
63.12ad litem reimbursements received by the state from the courts in each judicial district.
63.13 Sec. 11. Minnesota Statutes 2009 Supplement, section 270.97, is amended to read:
63.14270.97 DEPOSIT OF REVENUES.
63.15The commissioner shall deposit all revenues derived from the tax, interest, and
63.16penalties received from the county in the contaminated site cleanup and development
63.17account in the
63.18commissioner of the Department of Employment and Economic Development, for the
63.19purposes of section
63.20 Sec. 12. Minnesota Statutes 2008, section 299C.48, is amended to read:
63.21299C.48 CONNECTION BY AUTHORIZED AGENCY; FEE,
63.22APPROPRIATION.
63.23(a) An agency authorized under section
63.24and participate in the criminal justice data communications network upon approval
63.25of the commissioner of public safety; provided, that the agency shall first agree to pay
63.26installation charges as may be necessary for connection and monthly operational charges
63.27as may be established by the commissioner of public safety. Before participation by a
63.28criminal justice agency may be approved, the agency must have executed an agreement
63.29with the commissioner providing for security of network facilities and restrictions on
63.30access to data supplied to and received through the network.
63.31(b) In addition to any fee otherwise authorized, the commissioner of public safety
63.32shall impose a fee for providing secure dial-up or Internet access for criminal justice
63.33agencies and noncriminal justice agencies. The following monthly fees apply:
63.34(1) criminal justice agency accessing via Internet, $15;
64.1(2) criminal justice agency accessing via dial-up, $35;
64.2(3) noncriminal justice agency accessing via Internet, $35; and
64.3(4) noncriminal justice agency accessing via dial-up, $35.
64.4(c) The installation and monthly operational charges collected by the commissioner
64.5of public safety under paragraphs (a) and (b) must be deposited in an account in the special
64.6revenue fund and are annually appropriated to the commissioner to administer sections
64.8 Sec. 13. Minnesota Statutes 2008, section 299E.02, is amended to read:
64.9299E.02 CONTRACT SERVICES; APPROPRIATION.
64.10Fees charged for contracted security services provided by the Capitol Complex
64.11Security Division of the Department of Public Safety must be deposited in an account in
64.12the special revenue fund and are annually appropriated to the commissioner of public
64.13safety to administer and provide these services.
64.14 Sec. 14. Minnesota Statutes 2008, section 446A.086, subdivision 2, as amended by
64.15Laws 2010, chapter 290, section 14, is amended to read:
64.16 Subd. 2. Application. (a) This section provides a state guarantee of the payment of
64.17principal and interest on debt obligations if:
64.18 (1) the obligations are issued for new projects and are not issued for the purposes of
64.19refunding previous obligations;
64.20 (2) application to the Public Facilities Authority is made before issuance; and
64.21 (3) the obligations are covered by an agreement meeting the requirements of
64.22subdivision 3.
64.23 (b) Applications to be covered by the provisions of this section must be made in a
64.24form and contain the information prescribed by the authority. Applications are subject to
64.25either a fee of $500 for each bond issue requested by a county or governmental unit or the
64.26applicable fees under section
64.27 (c) Application fees paid under this section must be deposited in a separate credit
64.28enhancement bond guarantee account in the
64.29credit enhancement bond guarantee account is appropriated to the authority for purposes
64.30of administering this section.
64.31 (d) Neither the authority nor the commissioner is required to promulgate
64.32administrative rules under this section and the procedures and requirements established by
64.33the authority or commissioner under this section are not subject to chapter 14.
65.1 Sec. 15. Minnesota Statutes 2008, section 469.177, subdivision 11, is amended to read:
65.2 Subd. 11. Deduction for enforcement costs; appropriation. (a) The county
65.3treasurer shall deduct an amount equal to 0.25 percent of any increment distributed to an
65.4authority or municipality. The county treasurer shall pay the amount deducted to the
65.5commissioner of management and budget for deposit in
65.6the special revenue fund.
65.7(b) The amounts deducted and paid under paragraph (a) are appropriated to the state
65.8auditor for the cost of (1) the financial reporting of tax increment financing information
65.9and (2) the cost of examining and auditing of authorities' use of tax increment financing
65.10as provided under section
65.11any other law to the contrary, this appropriation does not cancel and remains available
65.12until spent.
65.13(c) For taxes payable in 2002 and thereafter, the commissioner of revenue shall
65.14increase the percent in paragraph (a) to a percent equal to the product of the percent in
65.15paragraph (a) and the amount that the statewide tax increment levy for taxes payable in
65.162002 would have been without the class rate changes in this act and the elimination of
65.17the general education levy in this act divided by the statewide tax increment levy for
65.18taxes payable in 2002.
65.19 Sec. 16. Minnesota Statutes 2008, section 518.165, subdivision 3, is amended to read:
65.20 Subd. 3. Fees. (a) A guardian ad litem appointed under either subdivision 1 or 2
65.21may be appointed either as a volunteer or on a fee basis. If a guardian ad litem is appointed
65.22on a fee basis, the court shall enter an order for costs, fees, and disbursements in favor
65.23of the child's guardian ad litem. The order may be made against either or both parties,
65.24except that any part of the costs, fees, or disbursements which the court finds the parties
65.25are incapable of paying shall be borne by the state courts. The costs of court-appointed
65.26counsel to the guardian ad litem shall be paid by the county in which the proceeding is
65.27being held if a party is incapable of paying for them. Until the recommendations of the
65.28task force created in Laws 1999, chapter 216, article 7, section 42, are implemented, the
65.29costs of court-appointed counsel to a guardian ad litem in the Eighth Judicial District shall
65.30be paid by the state courts if a party is incapable of paying for them. In no event may the
65.31court order that costs, fees, or disbursements be paid by a party receiving public assistance
65.32or legal assistance or by a party whose annual income falls below the poverty line as
65.33established under United States Code, title 42, section 9902(2).
65.34(b) In each fiscal year, the commissioner of management and budget shall deposit
65.35guardian ad litem reimbursements in the
66.1separate account with the trial courts. The balance of this account is appropriated to the
66.2trial courts and does not cancel but is available until expended. Expenditures by the state
66.3court administrator's office from this account must be based on the amount of the guardian
66.4ad litem reimbursements received by the state from the courts in each judicial district.
66.5 Sec. 17. Minnesota Statutes 2008, section 609.3241, is amended to read:
66.6609.3241 PENALTY ASSESSMENT AUTHORIZED.
66.7When a court sentences an adult convicted of violating section
66.8while acting other than as a prostitute, the court shall impose an assessment of not less
66.9than $250 and not more than $500 for a violation of section
66.10misdemeanor violation of section
66.11an assessment of not less than $500 and not more than $1,000. The mandatory minimum
66.12portion of the assessment is to be used for the purposes described in section
66.13subdivision 2a
66.146
66.15shall be
66.16is appropriated annually to the commissioner of public safety. The commissioner, with the
66.17assistance of the General Crime Victims Advisory Council, shall use money received under
66.18this section for grants to agencies that provide assistance to individuals who have stopped
66.19or wish to stop engaging in prostitution. Grant money may be used to provide these
66.20individuals with medical care, child care, temporary housing, and educational expenses.
66.21 Sec. 18. Minnesota Statutes 2008, section 611.20, subdivision 3, is amended to read:
66.22 Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
66.23and budget shall deposit the payments in the
66.24to a separate account with the Board of Public Defense. The amount credited to this
66.25account is appropriated to the Board of Public Defense.
66.26The balance of this account does not cancel but is available until expended.
66.27Expenditures by the board from this account for each judicial district public defense office
66.28must be based on the amount of the payments received by the state from the courts in
66.29each judicial district. A district public defender's office that receives money under this
66.30subdivision shall use the money to supplement office overhead payments to part-time
66.31attorneys providing public defense services in the district. By January 15 of each year,
66.32the Board of Public Defense shall report to the chairs and ranking minority members of
66.33the senate and house of representatives divisions having jurisdiction over criminal justice
66.34funding on the amount appropriated under this subdivision, the number of cases handled
67.1by each district public defender's office, the number of cases in which reimbursements
67.2were ordered, the average amount of reimbursement ordered, and the average amount of
67.3money received by part-time attorneys under this subdivision.
67.4 Sec. 19. Laws 1994, chapter 531, section 1, is amended to read:
67.5 Section 1. SALE OF WILDLIFE LANDS.
67.6 Notwithstanding Minnesota Statutes, sections
67.7to
67.8sell lands located in the Gordy Yaeger wildlife management area in Olmsted county. The
67.9consideration for the lands described in sections 2 and 3 shall be $950 per acre. The
67.10conveyances shall be by
67.11general and shall reserve to the state all minerals and mineral rights. The proceeds received
67.12from the sales are to be deposited in an account in the
67.13are appropriated to the commissioner of natural resources for acquisition of replacement
67.14wildlife management area lands. These sales are pursuant to the recommendation of the
67.15Gordy Yaeger wildlife management area advisory committee.
67.18 Section 1. Minnesota Statutes 2009 Supplement, section 290.06, subdivision 2c,
67.19is amended to read:
67.20 Subd. 2c. Schedules of rates for individuals, estates, and trusts. (a) The income
67.21taxes imposed by this chapter upon married individuals filing joint returns and surviving
67.22spouses as defined in section 2(a) of the Internal Revenue Code must be computed by
67.23applying to their taxable net income the following schedule of rates:
67.24 (1) On the first
67.25 (2) On all over
67.26 (3) On all over
67.27 (4) On all over $200,000, 9.15 percent.
67.28 Married individuals filing separate returns, estates, and trusts must compute their
67.29income tax by applying the above rates to their taxable income, except that the income
67.30brackets will be one-half of the above amounts.
67.31 (b) The income taxes imposed by this chapter upon unmarried individuals must be
67.32computed by applying to taxable net income the following schedule of rates:
67.33 (1) On the first
67.34 (2) On all over
68.1 (3) On all over
68.2 (4) On all over $113,110, 9.15 percent.
68.3 (c) The income taxes imposed by this chapter upon unmarried individuals qualifying
68.4as a head of household as defined in section 2(b) of the Internal Revenue Code must be
68.5computed by applying to taxable net income the following schedule of rates:
68.6 (1) On the first
68.7 (2) On all over
68.8 (3) On all over
68.9 (4) On all over $170,350, 9.15 percent.
68.10 (d) In lieu of a tax computed according to the rates set forth in this subdivision, the
68.11tax of any individual taxpayer whose taxable net income for the taxable year is less than
68.12an amount determined by the commissioner must be computed in accordance with tables
68.13prepared and issued by the commissioner of revenue based on income brackets of not
68.14more than $100. The amount of tax for each bracket shall be computed at the rates set
68.15forth in this subdivision, provided that the commissioner may disregard a fractional part of
68.16a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.
68.17 (e) An individual who is not a Minnesota resident for the entire year must compute
68.18the individual's Minnesota income tax as provided in this subdivision. After the
68.19application of the nonrefundable credits provided in this chapter, the tax liability must
68.20then be multiplied by a fraction in which:
68.21 (1) the numerator is the individual's Minnesota source federal adjusted gross income
68.22as defined in section 62 of the Internal Revenue Code and increased by the additions
68.23required under section
68.24(13), (16), and (17), and reduced by the Minnesota assignable portion of the subtraction
68.25for United States government interest under section
68.26(1), and the subtractions under section
68.27(15), (16), and (18), after applying the allocation and assignability provisions of section
68.29 (2) the denominator is the individual's federal adjusted gross income as defined in
68.30section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in
68.31section
68.32and reduced by the amounts specified in section
68.33(10), (14), (15), (16), and (18).
68.34 (f) For taxable years beginning after December 31, 2013, the maximum tax rate
68.35under this section is 7.85 percent, if the commissioner of management and budget
69.1estimates in the February 2013 economic forecast that the unrestricted general fund
69.2balance at the end of fiscal year 2013 equals or exceeds $500,000,000.
69.3EFFECTIVE DATE.This section is effective for taxable years beginning after
69.4December 31, 2009.
69.5 Sec. 2. Minnesota Statutes 2008, section 290.06, subdivision 2d, is amended to read:
69.6 Subd. 2d. Inflation adjustment of brackets. (a) For taxable years beginning after
69.7December 31,
69.8bracket for which a tax is imposed in subdivision 2c shall be adjusted for inflation by the
69.9percentage determined under paragraph (b). For the purpose of making the adjustment as
69.10provided in this subdivision all of the rate brackets provided in subdivision 2c shall be the
69.11rate brackets as they existed for taxable years beginning after December 31,
69.12and before January 1,
69.13changed. The dollar amounts setting forth the tax shall be adjusted to reflect the changes
69.14in the rate brackets. The rate brackets as adjusted must be rounded to the nearest $10
69.15amount. If the rate bracket ends in $5, it must be rounded up to the nearest $10 amount.
69.16 (b) The commissioner shall adjust the rate brackets and by the percentage determined
69.17pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in
69.18section 1(f)(3)(B) the word
69.19
69.20ending on August 31,
69.21in each subsequent year, from the 12 months ending on August 31,
69.22months ending on August 31 of the year preceding the taxable year. The determination of
69.23the commissioner pursuant to this subdivision shall not be considered a "rule" and shall
69.24not be subject to the Administrative Procedure Act contained in chapter 14.
69.25 No later than December 15 of each year, the commissioner shall announce the
69.26specific percentage that will be used to adjust the tax rate brackets.
69.27EFFECTIVE DATE.This section is effective for taxable years beginning after
69.28December 31, 2009.
69.29 Sec. 3. ACCELERATED REINSTATEMENT OF PHASEOUT OF PERSONAL
69.30AND DEPENDENT EXEMPTIONS AND LIMITATION OF ITEMIZED
69.31DEDUCTIONS.
69.32In determining net taxable income under Minnesota Statutes, section 290.01, for
69.33taxable years beginning after December 31, 2009, and before January 1, 2011, sections 102
70.1and 103 of Public Law 107-16, relating to the repeal of phaseout of personal exemptions
70.2and the phaseout of overall limitation on itemized deductions, do not apply.
70.3EFFECTIVE DATE.This section is effective the day following final enactment."
70.4Delete the title and insert:
70.6relating to the state budget; balancing proposed general fund spending and
70.7anticipated general fund revenue; modifying certain payment schedules to
70.8improve cash flow; making reductions in appropriations for E-12 education,
70.9higher education, environment and natural resources, energy and commerce,
70.10agriculture, economic development, transportation, public safety, state
70.11government, human services, and health; modifying calculation of state tax aids
70.12and credits; providing for deposit of certain receipts in the special revenue
70.13fund rather than the general fund; adding a fourth tier to income tax rates;
70.14appropriating money;amending Minnesota Statutes 2008, sections 3.9741,
70.15subdivision 2; 8.15, subdivision 3; 13.03, subdivision 10; 16C.23, subdivision
70.166; 103B.101, subdivision 9; 103I.681, subdivision 11; 116J.551, subdivision 1;
70.17123B.75, subdivisions 5, 9, by adding a subdivision; 126C.48, subdivision 7;
70.18127A.441; 127A.45, subdivision 2; 127A.46; 190.32; 256B.76, subdivision
70.194; 257.69, subdivision 2; 260C.331, subdivision 6; 273.1384, subdivision 6,
70.20as added; 276.112; 289A.60, by adding a subdivision; 290.06, subdivision 2d;
70.21299C.48; 299E.02; 446A.086, subdivision 2, as amended; 469.177, subdivision
70.2211; 518.165, subdivision 3; 609.3241; 611.20, subdivision 3; Minnesota Statutes
70.232009 Supplement, sections 123B.54; 137.025, subdivision 1; 256B.056,
70.24subdivision 3c; 256B.0659, subdivision 11; 256B.441, subdivision 55; 256B.69,
70.25subdivision 5a; 256B.76, subdivision 1; 256B.766; 270.97; 289A.20, subdivision
70.264; 290.06, subdivision 2c; Laws 1994, chapter 531, section 1; Laws 2009,
70.27chapter 79, article 13, sections 3, subdivision 8, as amended; 4, subdivision 4, as
70.28amended; Laws 2009, chapter 96, article 1, section 24, subdivisions 2, 5, 6, 7;
70.29article 2, section 67, subdivisions 2, 3, 4, 7, 9; article 3, section 21, subdivisions
70.302, 3, 4, 5; article 4, section 12, subdivisions 2, 3, 4, 6; article 5, section 13,
70.31subdivisions 4, 6, 7, 9; article 6, section 11, subdivisions 2, 3, 4, 6, 7, 8, 9, 12;
70.32article 7, section 3, subdivision 2; Laws 2010, chapter 215, article 3, section 3,
70.33subdivision 6; article 13, section 6; proposing coding for new law in Minnesota
70.34Statutes, chapter 477A."