Senate Counsel, Research
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Tom Bottern
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   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 2785 - Supplemental Budget Bill
 
Author: Senator Richard Cohen
 
Prepared By: Thomas S. Bottern, Senate Counsel (651/296-3810)
 
Date: April 4, 2014



 

Summary of the Supplemental Budget Article for State Departments and Veterans – STATEGOVSUPP2

This is the 2014 supplemental budget article for the State Departments and Veterans Division of the Committee on Finance.  The article appropriates $100,000 in fiscal year 2014 and $1,404,000 in fiscal year 2015; establishes a Legislative Water Commission; clarifies proof of eligibility for veteran-owned small business preference in bidding on state contracts; provides expedited and temporary licensing for qualified veterans; adjusts the requirement for employees of elementary and secondary schools to qualify for parental leave; and permits both bodies of the legislature to pay one additional member enhanced compensation.

Section 1 [State Departments and Veterans Appropriations] specifies that the appropriations in this article are in supplement to those in Laws 2013, chapter 142, article 1, and are appropriated from the general fund, unless otherwise named.  These appropriations are available for fiscal years ending June 30, 2014, or June 30, 2015, as indicated.  Supplemental appropriations for the fiscal year ending June 30, 2014, are effective the day following final enactment.

Section 2 [State Departments and Veterans Appropriations] makes the following appropriations:

Subdivision 1 [Legislative Coordinating Commission] appropriates $455,000 in fiscal year 2015 to the Legislative Coordinating Commission.  Of this amount, $300,000 is for operating costs of the joint legislative offices and $155,000 is for the Legislative Water Commission established in this article.  This section adds $145,000 each fiscal year to the base through fiscal year 2019.

Subdivision 2 [Administration] appropriates $350,000 in fiscal year 2015 to the Department of Administration.  Of this amount, $150,000 is for starting a certification program for veteran-owned small businesses.  $112,000 each year is added to the base for this program.  This provision is in Senator Saxhaug’s bill, S.F. 1805.

$250,000 of the appropriation to the Department of Administration is to conduct a housing needs assessment for veterans, with certain requirements on conducting the assessment.  This provision is in Senator Hoffman’s bill, S.F. 2522.  The Commissioner of Administration may award up to five grants of up to $50,000 each.

Subdivision 3 [Racing Commission] makes a onetime appropriation of $100,000 in fiscal year 2014 and $85,000 in fiscal year 2015 to the Racing Commission from the racing and card playing regulation accounts in the special revenue fund.  These appropriations are available in either year of the biennium.  This provision is in the Governor’s 2014 supplemental budget bill, S.F. 2785.

Subdivision 4 [Amateur Sports Commission] appropriates $50,000 in fiscal year 2015 to the Amateur Sports Commission to develop a pilot program to prevent and reduce childhood obesity.  This is a onetime appropriation available until June 30, 2017. This provision, with a higher amount, is in Sen. Johnson’s bills, S.F. 1480 and 2511.

Subdivision 5 [Minnesota Historical Society] appropriates $10,000 in fiscal year 2015 to the Minnesota Historical Society for a grant to Farm America for repairs and maintenance of the Minnesota Agricultural Interpretive Center.  This is a onetime appropriation available until June 30, 2017. This provision, with a higher amount, is in Sen. Rosen’s bill, S.F. 2715.

Subdivision 6 [Humanities Commission] makes a onetime appropriation of $125,000 in fiscal year 2015 to the Humanities Commission for the Veterans’ Voices program to educate the community regarding veterans’ contributions, knowledge, skill and experiences.  This provision, with a lesser amount, is in Senator Saxhaug’s bill, S.F. 2202.  Of the $125,000 appropriation, $25,000 is for transfer to the Association of Minnesota Public Education Radio Stations for statewide programming to promote Veterans’ Voices.

Subdivision 7 to Subdivision 20 make appropriations to various licensing boards to implement expedited and temporary licensing provisions under a program established later in this bill that assists veterans with obtaining certain professional licenses more quickly than through the regular process.   This provision is in Sen. Saxhaug’s bill, S.F. 1807.  These appropriations -- all in fiscal year 2015 and all onetime -- are as follows:

  • Department of Education:  $44,000
  • Board of Accountancy:  $44,000
  • Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design:  $44,000
  • Board of Cosmetology Examiners:  $20,000
  • Board of Barber Examiners: $10,000
  • Board of Private Detectives: $44,000
  • Board of Behavioral Health and Therapy:  $15,000
  • Board of Dentistry:  $10,000
  • Board of Dietetics and Nutrition Practice:  $10,000
  • Board of Marriage and Family Therapy:  $14,000
  • Board of Nursing Home Administrators:  $1,000
  • Board of Optometry:  $10,000
  • Board of Podiatric Medicine:  $10,000
  • Board of Social Work:  $3,000

Section 3 [Leaders] increase from three to four the number of leadership positions in each body that are permitted to receive up to 140 percent of the compensation of other members.

Section 4 [Legislative Water Commission] establishes a Legislative Water Commission to review certain water policy reports and recommendations.  The commission has 12 legislative members, equally representing each body and each party.  This provision is in Senator Wiger’s bill, H.F. 683.

Section 5 [Veteran-Owned Small Business] and Section 6 [Eligibility; Rules] make changes and clarifications to the requirements and process for certification as a veteran-owned small business entitled to preferences, previously established in statute, of up to six percent when bidding on state contracts.  This topic is the subject of Senator Saxhaug’s bill, S.F. 1805.

Sections 7 to 12 are conforming changes to implement the expedited and temporary licensing program established in section 14 of this article, discussed below.

Section 13 [Employee] permits an employee of an elementary school or a secondary school to qualify for parental leave if the employee has been employed for at least 12 months immediately preceding the request for leave and works the required average hours per week.  This provision is in Sen. Champion’s bill, S.F. 2201.

Section 14 [Expedited and Temporary Licensing for Former and Current Members of the Military] directs state agencies and certain licensing boards to establish procedures to expedite licenses and to issue temporary licenses to qualified active duty military members, the spouses of active duty military members, and veterans who have left service in the prior two years with honorable general discharge status.  To qualify for a temporary license, an individual must have a license in another state without a history of disciplinary action and must pass a background check. Certain state agencies and boards are authorized to adopt rules to implement this program.  This provision is in Sen. Saxhaug’s bill, S.F. 1807.

Section 15 [Initial Appointments and Meeting] sets deadlines for first appointments and convening and chairing the first meeting of the Legislative Water Commission, established earlier in this article.

Judiciary Supplemental Budget Articles (SC9826-1)

Article 1 -- Appropriations

Sections 1 and 2 of the bill are a summary of appropriations and an explanation of the structure of the bill.

Section 3 appropriates $30,089,000 from the general fund to the Department of Corrections. Of this amount, $19 million is an operating cost increase to maintain critical staff, and $11 million is to rent county jail beds to accomodate higher than forecasted inmate population growth. The jail bed rentals are a one-time appropriation.

Section 4 appropriates $600,000 from the general fund to the Bureau of Criminal Apprehension within the Department of Public Safety for additional personnel to implement the expungment law changes in S.F. 2214.

Section 5 appropriates $98,000 from the general fund to the Department of Human Services for implementing the expungment law changes in S.F. 2214.

Article 2 -- Criminal Justice-Related Provisions

Section 1 amends the law on continuances without adjudication of delinquency.  Under current law, a judge can order a continuance without adjudication of delinquency for up to 90 days (with a single 90 day extension) when the continuance is in the best interests of the child and the allegations in the delinquency petition are not in dispute (i.e., the child has already admitted them or they have already been proven). This section extends the continuance periods to 180 days. The 180 day extension may only be granted with the prosecutor’s approval. Also requires that a continuance not be inimical to public safety and broadens the conditions of the continuance to include any of the authorized disposition options for adjudicated delinquents, except a transfer of legal custody of the child to the commissioner of corrections. Authorizes a prosecutor to appeal a continuance ordered in contravention of this section.

Section 2 amends the law that provides that if a statute prohibits the performance of an act but does not provide a penalty, a violation is deemed a misdemeanor (maximum penalty of up to 90 days incarceration and/or a $1,000 fine). This seciton provides that for statutes enacted or amended after September 1, 2014, the penalty is a petty misdemeanor (maximum penalty $300 fine). This change is made only prospectively and does not affect laws currently in effect.

Section 3 amends the appropriation to the Peace Officer Standards and Training (POST) board from last year’s omnibus criminal justice funding bill relating to reimbursing local governments for peace officer training costs on sexually exploited and trafficked youth. Makes money from this appropriation available until June 30, 2016.

Bill Summary for Higher Education Appropriation

Article1

Section 1 contains boilerplate language.

Section 2 appropriates $1,000,000 in FY2015 to the Office of Higher Education for immediate transfer to College Possible to expand the program’s coaching and mentoring activities. Requires a report to the Legislature and delineates the information to be included in the report. Specifies that the appropriation must not be used for the expansion and support of the program outside of Minnesota.

Section 3 appropriates $17,000,000 in FY 2015 to the Board of Trustees of the Minnesota State Colleges and Universities. This appropriation represents an increase in base funding for the system.

Section 4, subdivision 1 appropriates $7,500,000 in FY 2015 to the Board of Regents of the University of Minnesota.

Subdivision 2 makes a one-time appropriation of $2,500,000 for FY 2015, to be allocated to the Duluth campus to meet financial challenges faced by the campus.

Subdivision 3 appropriates $5,000,000 for research related to regenerative medicine. Requests that the University convene an advisory group on regenerative medicine, and that prior to expending any money receive and consider the advice of the group. The appropriation may be used entirely for University of Minnesota research or be allocated to others including the Mayo Clinic.

Section 5 appropriates $250,000 in FY 2015 to the Department of Labor and Industry for the development of competency standards in section 18.

Section 6 appropriates $232,000 in FY 2015 to the Department of Employment and Economic Development for the commissioner’s duties under section 116L.98 and the accountability plan under section 21.

Section 7, subdivision 1 requires the commissioner of employment and economic development to develop and implement  a uniform outcome measurement and reporting system for adult workforce –related programs funded under chapters 116J and 116L.

Subdivision 2 contains definitions.

Subdivision 3 delineates the information the commissioner must submit to the Legislature.

Subdivision 4 specifies the data direct appropriation or grant recipients must submit to the commissioner.

Subdivision 5 states that information collected and reported under subdivisions 3 and 4 shall be available on the department’s website.

Sections 8 and 13 authorize the Office of Higher Education to enter into an interstate reciprocity agreement regarding postsecondary education if it determines that participation is in the best interest of Minnesota postsecondary students. Exempts specified institutions from the provisions of the Minnesota Private and Out-of-State Public Postsecondary Education Act if the Office opts to participate in such an agreement.

Sections 9, 10, and 11 authorize the Office of Higher Education to refinance student and parent loans. Specifies certain terms of the refinancing activities including notification of the chairs of the Legislative committees with primary jurisdiction over higher education finance regarding proposed changes to the program.

Section 12 requires facilities that use public money and provide research in collaboration with a higher education institution using dogs and cats for education, science or research, to offer the dog or cat to an animal rescue organization prior to euthanizing the animal.

Section 14, subdivision 1 contains definitions pertaining to reporting requirements for study abroad programs.

Subdivision 2 requires postsecondary institutions offering study abroad programs to file a report, by November 1 of each year, with the Office of Higher Education, regarding specified information about participant accidents, illnesses and deaths. The institutions also must indicate whether the program complies with health and safety standards established by the Forum on Education Abroad, or a comparable standard setting agency.

Subdivision 3 directs the Office to publish the reports required by subdivision 2 on its website and provides guidance on the manner in which the information should be presented.

Subdivision 4 requires postsecondary institutions to include, in written materials provided to prospective program participants, a link to the Office’s website stating that program health and safety is available at the site.

Section 15 authorizes the commissioner of labor and industry to provide exemptions from the Child Labor Standards Act, as necessary, to individuals participating in specified training programs

Section 16 increases, for FY 2015, the four-year tuition maximum from $13,000 to $13,620; increases, for FY 2015, the living and miscellaneous expense allowance from $7,900 to $8,300.

Section 17 requires MnSCU to develop a plan to implement multi-campus articulation agreements that lead to baccalaureate degree completion upon earning the number of credits required for a degree minus 60 credits, at a state university, by a student with an associate of arts degree, an associate of science degree, or an associate of fine arts degree from a system college. Requires a report.

Section 18 directs the commissioner of labor and industry, in conjunction with the commissioner of employment and economic development, to establish competency standards for programs in advanced manufacturing, health care services, information technology, and agriculture. Requires a report.

Section 19 directs the commissioner of employment and economic development, in consultation with the commissioner of revenue, to study the effects of current and projected oil production in North Dakota on the Minnesota economy with special focus on the northwestern region of Minnesota and area border cities. Specifies the information to be included in the report to be submitted to the Legislature by February 15, 2015.

Section 20 requires the Office of Higher Education to report to the Legislature, by February 1, 2015, the plans and proposed terms and conditions for operating a student loan refinancing program.

Section 21 requires the commissioner of employment and economic development to report to the Legislature, by December 1, 2014, on the department’s plan, and any request for funding, to design and implement a performance accountability system, including a net impact analysis, for programs under Minnesota Statutes chapters 116J and 116L.

Section 22 requires the commissioner of employment and economic development, in partnership with the Governor’s Workforce Development Council, to report to the Legislature, by December 1, 2014, the results of the net impact pilot project already underway.

Section 23 requires the Office of Higher Education to submit a report to the Legislature, by February 1, 2015, regarding the appropriate regulation of postsecondary study abroad programs.

Section 24 repeals Minnesota Statutes 2012, section 116J.997: Program Accountability Requirements.

Bill Summary for Environment, Economic Development, and Agriculture Division

Article 1

Environment and Agriculture Appropriations

Sections 1 and 2. Contain the total direct appropriations and the enabling appropriation language for the article.

Sections 3 to 9. Contain the direct appropriations for the various agencies.  See spreadsheet.

Section 10. [Carryforward Cancellation] cancels $310,000 from a 2012 Special Session disaster relief appropriation to the Board of Water and Soil Resources to the General Fund.

Section 11. [Repealer] repeals a requirement that the Board of Water and Soil Resources transfer $310,000 of returned grant money to the general fund each fiscal year. 

Article 2

Environment and Agriculture Fiscal Implementation

Section 1 [Suspense account; permanent school fund] provides for the costs of the Permanent School Fund Commission and the school trust lands director to be transferred to the general fund from the suspense account for permanent school fund revenues.

Section 2 [Fort Snelling upper bluff revenue] establishes a statutory appropriation for the revenue, including interest earned, from leases at Fort Snelling upper bluff.

Section 3 [Shooting sports facility grants] contains the authorization of a shooting sports facility grant program from S.F. 2137 (Saxhaug).

Section 4 [Condemnation of school trust land] contains the condemnation authority for extinguishing the school trust interest in school trust lands from S.F. 2017 (Saxhaug).  This is necessary to spend the money appropriated for this purpose in the bill.

Section 5 [Transfer to the minerals management account] eliminates the transfer of 20 percent of revenue from mining to the minerals management account, which is repealed in this article.

Section 6 [Water investigations] expands current water investigation authority of the Department of Natural Resources (DNR) to include investigation of activities conducted with a permit.

Section 7 [Once-through water use permits] extends the current prohibition on water use permits for once-through heating and cooling systems to include systems that use less than five million gallons per year.

Section 8 [Water use permit processing fee] increases the fee to ten percent for failure to pay the water use processing fee and requires the DNR to waive the water use permit fee for installations that use storm water runoff and for public entities that are diverting water for water quality treatment and returning the water to its source.

Section 9 [Penalties for noncompliant reporting; water use permits] increases the fee to ten percent for noncompliant reporting for water use permits.

Section 10 [Administrative penalties] authorizes the DNR to issue administrative penalty orders to a person for water appropriation activities without a permit. The administrative penalty amount shall be based on the level of harm and deviation from compliance of the violation. The levels and maximum amounts are:

  1. Minor potential for harm and deviation, up to $1,000;
  2. Moderate potential for harm and deviation, up to $10,000; and
  3. Severe potential for harm and deviation, up to $20,000.

In determining the amount of the penalty, the DNR must consider the gravity of the violation; the history of violations; the number of violations; the economic benefit gained by the person; and other factors as justice may require. For second and subsequent violations, the DNR must also consider the similarity with past violations; the time elapsed since the last violation; the number of previous violations; and the response of the person to the most recent violation.

Section 11 [Technical] modifies the existing statutory appropriation to the Agricultural Utilization Research Institute (AURI) to remove the commissioner of revenue from the process.

Section 12 [2008 appropriation] contains the broadening of the use for a 2008 appropriation for shooting sports facilities from S.F. 1748 (Saxhaug).

Section 13 [Effective date; 2013 law change] adds an effective date of June 1, 2013 for the 2013 change related to security deposits for timber permits.

Section 14 [Minerals management account abolished] abolishes the minerals management account and directs the proceeds to pay the permanent school fund, the university fund, and the local taxing jurisdictions based on their share of revenue to the account.

Section 15 [Repealer] repeals the minerals management account.

Article 3

Economic Development and Commerce

Sections 1 and 2. Contain the total direct appropriations and the enabling appropriation language for the article.

Sections 3 to 5. Contain the direct appropriations for the various agencies. 

Section 6. [Transfer] transfers $9 million from the assigned risk plan to the General Fund.

Section 7. [Business and Community Development] reduces the nonpublic match for a grant to the City of Morris for an agricultural processing facility from $1,250,000 to $750,000.

Section 8. [Vocational Rehabilitation] extends the allocation of extended employment funds for the Courage Center that are contracted through the Allina Health system by one year.

Section 9. [Explore Minnesota Tourism] allocates $100,000 in FY2015 to the Mille Lacs Tourism Council.

Section 10. [Additional revenues; priority] requires that $19,100,000 of any future general fund forecasted surplus be transferred to the Minnesota Minerals 21st Century Fund, after other required pay-backs have been fulfilled.

Section 11. [Alternative Energy Projects] expands the use of a previous appropriation from the Minnesota Minerals 21st Century Fund for grants or loans to manufacturers of bio-based products.

Article 4

Economic Development and Commerce Fiscal Implementation Provisions

Section 1 [Grant limits] allows local communities and recognized Indian tribal governments to retain $100,000 of the portion of a Minnesota investment fund grant when it is repaid to the local community or recognized Indian tribal government.  Requires amounts that exceed $100,000 to be repaid to the state.

Section 2 [Revenue allocation among customer classes] makes changes to the allocation among customer classes for certain investor-owned electric utilities as part of the ratemaking process.

Section 3 [Project information] requires electric utilities to request certain information from applicants when applying for interconnection of distributed renewable energy generation.  Requires the commissioner of Commerce to develop or identify a system to collect the information gathered.  Provides that information collected is nonpublic, until it is made public by the commissioner.  This is from S.F. 2501 (Hawj).

Section 4 [Technical assistance] allows the commissioner of commerce to assess up to $850,000 per year for technical assistance for the conservation improvement programs.  Allows up to $400,000 per year, until June 30, 2017, of the assessment to go toward developing, maintaining, operating, and providing technical support for a uniform electronic data reporting and tracking system.

Section 5 [Community energy efficiency and renewable energy loan program] expands the purpose and criteria for the loan program for community energy efficiency and renewable energy projects.  This is from S.F. 2793 (Tomassoni).

Section 6 [Community energy efficiency and renewable energy loan revenue bonds]  expands the purpose and criteria for loan revenue bonds for community energy efficiency and renewable energy projects.  This is from S.F. 2793 (Tomassoni).

Section 7 [Affirmative business enterprise employment] makes changes to affirmative business enterprise employment within the vocational rehabilitation program to specify that the employer must provide one benefit package available to all employees at the specific site certified as an affirmative business enterprise.  This is from S.F. 2787 (Tomassoni).

Section 8 [Employment services for persons who are deaf, deafblind, or hard-of-hearing] requires the commissioner of employment and economic development to develop and implement a statewide grant program to provide long-term supported employment services for persons who are deaf, deafblind, and hard-of-hearing. Requires development of a statewide or regional grant programs for employment services for youth who are deaf, deafblind, and hard-of-hearing. Allows the commissioner to keep up to five percent of the biennial appropriation for administration.  This is from S.F. 1879 (Tomassoni).

Section 9 [City or town where quarried or produced] removes requirement for cooperative projects in which two or more municipalities participate and corresponding reporting responsibilities for those projects.

Section 10 [2013 distributions] makes technical changes to the 2013 taconite tax property tax relief distributions for the 2013 distributions of taconite tax funds.

Section 11 [2014 distributions] provides for taconite tax property tax relief distributions to named municipalities for 2014 distributions of taconite tax funds.

Section 12 [Reallocation of bond payments] reallocates certain amounts from terminating bonds to the Iron Range school consolidation and cooperatively operated school account.

Section 13 [CIP electronic data reporting and tracking system; evaluation] allows the commissioner of commerce to utilize a stakeholder group to monitor the usability and product development of systems for electronic data reporting and tracking of the conservation improvement plan program. This is from S.F. 2615 (Dibble).

Summary for E-12 Finance Division Omnibus (Second Engrossment)

ARTICLE 1

EARLY CHILDHOOD THROUGH GRADE 12 EDUCATION

Section 1.  School district or charter school disclosure of violence or inappropriate sexual contact.  Requires a superintendent to release private personnel data on a current or former employee related to acts of violence toward or sexual contact with a student, if the employee resigned while a complaint or charge involving the allegation was pending and the allegations involved acts of sexual contact with a student.  The data that are released must not include data on the student.

Section 2.  Revenue amount.  Updates obsolete cross-reference relating to alternative teacher compensation revenue.

Section 3.  Reserve revenue.  Technical corrections relating to districts that are members of an area learning center or alternative learning program.

Section 4.  Joint powers cooperative facility.  [Effective the day following final enactment.]

Section 4, subdivision 1.  Schools may be jointly operated.  Authorizes districts to jointly operate a secondary school facility.

Section 4, subdivision 2.  Expanded program offerings.  Requires that a jointly operated secondary program provide enhanced learning opportunities and broader curriculum.

Section 4, subdivision 2a.  Teachers.  Requires that a district not terminate or place on unrequested leave a tenured classroom teacher for 24 months following entry into agreement to jointly operate a secondary facility under this section.

Section 4, subdivision 2b.  Transfer of employees.  Provides that employees transferring between joint powers member districts retain accrued years of service for the purpose of calculating salary and benefits in the receiving district.

Section 4, subdivision 3.  Revenue.  Provides that a joint program under this section is eligible for consolidation aid and cooperative facilities grants.

Section 4, subdivision 4.  Duty to maintain elementary and secondary schools met.  Provides that a district operating a joint program satisfies its duty to maintain a secondary school.

Section 4, subdivision 5.  Estimated market value limit exclusion.  Provides that bonds issued by a school district for a cooperative facility are not subject to the net debt limit.

Section 4, subdivision 6.  Allocation of levy authority for joint facility.  Provides that the debt for a cooperative facility may be assigned to member districts according to the joint powers agreement.

Section 4, subdivision 7.  Effect of consolidation.  Provides that the joint powers agreement may specify how districts certify levies in the event that they consolidate.

Section 4, subdivision 8.  Bonds.  Provides for the issuance of bonds either jointly or individually.  Member districts must only issue bonds and certify a property tax levy upon passage of a voter referendum and a resolution adopted by the district board.

Section 4, subdivision 9.  Election.  Provides a district the option to conduct a referendum on a joint facility separately or at the same time as the bond election.  If the facility referendum does not pass, the district may not proceed with the bond sale.

Section 5.  Consolidation transition aid.  [Effective for state aid for fiscal year 2017 and later.]

Section 5, subdivision 1.  Eligibility and use.  Provides that a district operating a cooperative facility is eligible for consolidation transition aid and that aid may be used to repay building debt.

Section 5, subdivision 2.  Aid.  Increases the per-pupil allowance for consolidation transition aid and eliminates the upper threshold for the number of pupil units that may generate aid.  Provides that a district may receive aid for up to five years.

Section 5, subdivision 4.  New districts.  Conforming changes.

Section 6.  Duty to maintain elementary and secondary schools.  Provides that a district operating a cooperative secondary facility satisfies its duty to maintain a secondary school.

Section 7.  Debt service revenue definitions.  Clarifies that payments from the Iron Range school consolidation and cooperatively operated school account and Douglas J. Johnson economic protection trust fund are excluded from eligible debt service revenue for school districts.

Section 8.  Review and comment.  Increases the expenditure threshold for school facility projects that require the commissioner’s review and comment.  Provides that certain projects funded from existing facilities revenues are exempt from review and comment.

Section 9.  Information required.  Clarifies the information that a school board must submit to the commissioner for projects that require the commissioner’s review and comment.

Section 10.  Levy recognition.  Technical change related to the elimination of the property tax recognition shift.

Section 11.  Enrollment priority.  Allows a student eligible to participate in the graduation incentives program that enrolls full-time in a middle or early college program to receive developmental college credits.  This section is effective July 1, 2014.

Section 12.  Financial arrangements.  Technical change related to the payments to eligible institutions serving post-secondary enrollment options pupils. The change conforms with the pupil weight adjustments made by Laws 2013, Chapter 116.

Section 13.  General education revenue.  Clarifies that a charter school does not receive local optional (formerly ‘location equity’) revenue and that a charter school receives declining enrollment revenue as if it were a school district.

Section 14.  School lunch aid computation.  Increases the state reimbursement for school lunches served to students who qualify for reduced-price lunches.

Section 15.  No fees.  Requires that a participant in the school lunch program provide lunch free of charge to students who qualify for free or reduced-price lunches.  Requires the school lunch program participant to not demean or stigmatize a child in reminders for payments of outstanding student meal balances.

Section 16.  Inability to pay.  A participant in the school lunch program is encouraged to let a student eat the school-provided meal in any circumstance.

Section 17.  Program requirements.  Requires that Early Childhood Family Education (ECFE) programs provide certain additional programming targeted at families and parents identified in a community needs assessment.

Section 18.  Home visiting program.  Requires that home visiting programs provide certain additional programming and that the program be delivered by licensed or certified educators or professionals with an equivalent credential.

Section 19.  District advisory councils.  Requires school district ECFE advisory councils to represent the demographics of the community.  To the extent possible, the district must ensure that the council includes representation of families who are racially, culturally, linguistically, and economically diverse.

Section 20.  Program data submission requirements.  Annual program data collected by districts receiving ECFE revenue must include data that demonstrates the program response to the community needs assessment.

Section 21.  Supervision.  Requires an ECFE program provided by a board to be supervised by a licensed early childhood teacher or a licensed parent educator.

Section 22.  Parenting education transition program.  Allows ECFE programs in districts with a prekindergarten-grade three initiative to provide parenting education transition programming to facilitate continued parent engagement in children’s learning and development.  Encourages ECFE programs to develop partnerships to provide a parenting education liaison to providers of other early learning programs.

Section 23.  Revenue.  Increases the per-pupil allowance for early childhood family education programs and indexes the allowance to future changes in the formula allowance.

Section 24.  Early childhood family education levy.  Strikes obsolete language.

Section 25.  Administration.  [Effective the day following final enactment.] Authorizes the Commissioner of Education to establish a target for the average early learning scholarship based on data from the biennial child care market rate survey. Allows a qualifying program with children on a waiting list to enroll scholarship recipients in a manner similar to other program participants and to apply for direct payment of state aid.

Section 26.  Early childhood program eligibility.  Allows a Minnesota early learning foundation scholarship program pilot site to accept an early learning scholarship.

Section 27.  Report required.  Requires the commissioner to include student outcomes by program setting, the number of scholarship recipients in each program setting, and a geographic summary of recipients by county, in the evaluation of the early learning scholarship program.  Directs the commissioner to submit the report to the legislature by January 15, 2016.

Section 28.  Adult basic education supplemental service grants.  Increases the proportion of total supplemental services aid that may be allocated to a single organization.

Section 29.  State total adult basic education aid.  Increases the growth factor for adult basic education aid.  Increases the proportion of aid that must be set aside for supplemental service grants.

Section 30.  Program revenue.  Provides that adult basic education revenue is calculated, in part, on the number of adults in a district age 25 or older without a diploma.

Section 31.  English learner.  Requires that a pupil’s English language proficiency be measured by a valid assessment. Provides that a pupil may generate English learner aid if the pupil scores below the state threshold on the assessment or is not able to demonstrate academic language proficiency.  Provides that a qualifying pupil may generate English learner aid for up to six years.

Section 32.  School district EL revenue.  Increases the per-pupil allowance for English learner revenue.  Conforming changes.

Section 33.  Initial achievement and integration revenue.  [Effective the day following final enactment and applies to revenue for fiscal year 2014 and later.] Provides that a district’s achievement and integration revenue equals the lesser of actual expenditures or revenue calculated under this subdivision.

Section 34.  Incentive revenue.  [Effective the day following final enactment and applies to revenue for fiscal year 2014 and later.] Provides that a district’s achievement and integration incentive revenue equals the lesser of actual expenditures or revenue calculated under this subdivision.

Section 35.  Individualized education programs; data reporting requirements.

Subd. 2.  Online reporting of required data. Paragraph (a)  Directs the commissioner to integrate, customize, and sustain a streamlined, user-friendly statewide online system, with a single, integrated model online form, for collecting and reporting special education-related data.  Requires the online system to interface with existing state reporting systems and with local district data systems.

Paragraph (b)  Directs the commissioner to consult with qualified experts on integrating, field testing, customizing, and sustaining the only data system.  Requires the system to: reduce special education teachers’ paperwork burden; provide for transmitting the records of all transferring children with disabilities; address language and other barriers and disparities that prevent parents from understanding and communicating information about the needs of their children with disabilities; facilitate school districts’ ability to bill third-party payers; help improve the interface among the online systems serving children with disabilities; and have readily accessible technical assistance.

Paragraph (c)  Directs the commissioner to use model forms for the individualized education program, notice of procedural safeguards, and prior written notice to integrate and customize a universal special education online case management system.  Directs the commissioner to use a request for proposal process to contract for the technology and software needed for the system to be fully functional.  The online system must be made available to districts without charge beginning in the 2015-2016 school year.  A data audit trail must include all actions in which data in the system are entered, updated, accessed, or shared or disseminated outside the system.  For the 2015-2016 through 2017-2018 school years, allows school districts to use the online system or contract with an outside vendor for compliance reporting.  Beginning in the 2018-2019 school year and later, school districts are required to use the online system.

Paragraph (d)  Directs the commissioner to establish a public Internet Web interface to provide information about the form and content of required special education reports, to respond to queries about specific aspects of special education reports or reporting, and to use the information garnered from the interface to streamline and revise special education reporting on the online system. 

Paragraph (e)  By February 1 of each year, the commissioner must report to the legislature on the status, recent changes, and sustainability of the online system.

Section 36.  Nonresident tuition rate.  Corrects cross-reference.  Conforming changes relating to the local optional levy.

Section 37.  Definitions.  Corrects a misspelled word.

Section 38-43.  Various special education sections.  [Sections 36 and 40 are effective for revenue in fiscal year 2016 and later. Sections 37-39 are effective the day following final enactment and apply to revenue for fiscal year 2014 and later. Section 41 is effective for revenue in fiscal year 2015 and later.] Technical corrections relating to the calculation of special education aid.

Section 44.  Learning year pupil units.  Technical correction relating to pupils in full-day kindergarten.

Section 45.  Extended time revenue.  [Effective the day following final enactment and applies to revenue for fiscal year 2014 and later.] Technical correction relating to extended time revenue for fiscal year 2014.

Section 46.  Declining enrollment revenue.  Provides that, for fiscal years 2015-2017, a student enrolled at the Crosswinds school shall not generate declining enrollment revenue for the district or charter in which they were last enrolled.

Section 47.  Operating capital levy.  Adjusts the operating capital equalizing factors for fiscal years 2016 and later.

Section 48-50.  [Equity revenue sections.]  Technical corrections.

Section 51.  Equity region.  Provides that a district with any of its area located within the seven-county metropolitan area is considered part of the metro equity region.

Section 52.  Transition revenue.  Technical correction relating to the roll out of alternative teacher compensation revenue from general education in fiscal year 2015.

Section 53.  Referendum equalization levy.  Strikes obsolete language.

Section 54.  Referendum aid guarantee.  Technical correction related to the local optional revenue subtraction from referendum revenue.

Section 55.  Referendum revenue.  Technical correction relating to the pupil units used to calculate referendum revenue.

Section 56.  Board-approved referendum allowance.  Technical correction clarifying the order of operations relating to the local optional revenue subtraction from referendum revenue.

Section 57.  To lease building or land.  [Effective for taxes payable in 2015 and later.] Increases lease levy authority for districts and intermediate districts.

Section 58.  Safe schools levy.  [Effective for taxes payable in 2015 and later.] Increases safe schools levy authority for districts that are members of an intermediate district.

Section 59.  Taconite payments and other reductions.  Provides that a district’s debt service levy may be reduced by more than 50 percent through payments from the Iron Range school consolidation and cooperatively operated school account or Douglas J. Johnson economic protection trust fund.

Section 60.  Definitions.  Technical change related to the restoration of the current year aid payment percentage.

Section 61.  Alternative attendance programs.  Technical change, updates cross-reference.

Section 62.  Powers and duties; report.  Directs the P-20 partnership to make recommendations on realigning the governance and administrative structures of early education, kindergarten through grade 12, and postsecondary systems in Minnesota.

Section 63-65.  Perpich Center. [Sections 61-62 are effective the day following final enactment.] Grants the Board of the Perpich Center for Arts Education the powers necessary for the care, management, and control of the Crosswinds school and authorizes the board to establish and operate an interdistrict integration magnet program.  Requires the board to have an approved achievement and integration plan and budget for fiscal year 2016 and later.

Section 65, subdivision 1.  Definitions.

Section 65, subdivision 2.  Board to operate the Crosswinds school.  Specifies that the Crosswinds school is governed by the Perpich board and that students may open enroll to the Crosswinds school from their resident district.

Section 65, subdivision 3.  General education funding.  Specifies how students enrolled at Crosswinds generate general education revenue. 

Section 65, subdivision 4.  Special education funding.  Specifies that special education aid paid to the Crosswinds school is adjusted for nonresident students in the standard way.

Section 65, subdivision 5.  Pupil transportation.  Requires EMID member districts to transport pupils enrolled at Crosswinds for the 2014-2015 school year.  Provides that interdistrict transportation for integration purposes is reimbursable with state aid.

Section 65, subdivision 6.  Achievement and integration aid.  Provides that the Crosswinds school is eligible to receive achievement and integration aid in fiscal year 2016 and later.

Section 65, subdivision 7.  Other aids, grants, revenue.  Authorizes Crosswinds to receive other aids, grants, and revenues in a similar fashion to charter schools.

Section 65, subdivision 8.  Year-round programming.  Authorizes Crosswinds to operate as a flexible learning year program.

Section 65, subdivision 9.  Data requirements.  Requires Crosswinds to follow standard budgeting, accounting, and data reporting conventions.

Section 66.  Iron Range school consolidation and cooperatively operated school account.  [Effective for production year 2014 and thereafter.] Requires that, beginning in fiscal year 2019, payments from the account be increased to offset any reduction in debt service equalization aid normally due to districts.

Section 67.  General education aid.  See fiscal tracking sheets.

Section 68.  Early childhood literacy programs.  See fiscal tracking sheets.  Requires that a certain amount be used to support priority and focus schools and to expanding kindergarten programming.

Section 69.  Special education paperwork cost savings.  [Effective the day following final enactment.] Inserts cross-reference to description of system in section 125A.08.

Section 70.  School lunch.  See fiscal tracking sheets.

Section 71.  School readiness.  See fiscal tracking sheets.

Section 72.  Early childhood education scholarships.  See fiscal tracking sheets.

Section 73.  Parent-child home program.  See fiscal tracking sheets.

Section 74.  Adult basic education aid.  See fiscal tracking sheets.

Section 75.  Appropriations; Minnesota state academies.  See fiscal tracking sheets.

Section 76.  Fiscal year 2015 lease levy authority.  Authorizes districts or intermediate districts to make a levy for taxes payable 2015 only consistent with the allowed uses of the lease levy.  The levy must be recognized as revenue in fiscal year 2015.

Section 77.  Harambee community school transition.  [Effective the day following final enactment.]

Section 77, subdivision 1.  Facilities.  Conveys the Harambee community school to the Roseville school district for use as a multidistrict integration facility.

Section 77, subdivision 2.  Student enrollment.  Specifies that students may open enroll to Crosswinds from their resident district and guarantees continued enrollment for any student enrolled at Harambee during the 2013-2014 school year.

Section 77, subdivision 3.  Compensatory revenue, literacy aid, and alternative compensation revenue.  Clarifies how pupil counts for compensatory revenue, literacy aid, and alternative compensation revenue are to be calculated for fiscal year 2015 only.

Section 77, subdivision 4.  Authorizes the Harambee school to operate a flexible learning year program.

Section 77, subdivision 5.  Authorizes the board to transport pupils and provides that pupil transportation expenses related to achievement and integration activities are reimbursable with state aid.

Section 78.  Information technology certification partnerships; request for proposal; program requirements. Directs the commissioner to issue a request for proposals and contract with at least one provider to provide information technology education for Minnesota students in grades 9-12.  Requires certain program components.

Section 79.  Lease levy; satellite transportation hub for Rosemount-Apple Valley-Eagan school district.  [Effective for taxes payable in 2015 and later.] Authorizes the district to use lease levy authority to construct a transportation hub if the project would result in significant financial savings.

Section 80.  Legislative report on K-12 students’ experience with physical education.  [Effective the day following final enactment.] Directs the commissioner to report to the legislature on K-12 students’ experience with physical education.  The report must include:  the number of minutes per day and frequency per week students in grades kindergarten through 8 receive physical education, identify high school requirements; measures used to assess students’ level of fitness and how the data is used; the educational preparation of physical education teachers and the amount of time certified physical education teachers provide physical education instruction; the amount of time kindergarten through grade 6 receives recess; whether high school students are allowed to substitute other activities for required physical education; the number of high school students earning required physical education credits online; whether schools offer before or after school physical activities in each grade, kindergarten through 8 and in high school; and the extent  to which schools coordinate with developmentally adaptive physical education specialists when needed.  The department must pay for the report out of its current operating budget.

Section 81.  Reciprocity agreement exemption; Hendricks.  Exempts Hendricks school district from the state’s reciprocity agreement with neighboring states.

Section 82.  Transition requirements; Crosswinds School.  [Effective the day following final enactment.]

Section 82, subdivision 1.  Transfer.  Conveys the Crosswinds school facility to Perpich Center for Arts Education for use as an east metropolitan area integration magnet school.

Section 82, subdivision 2.  Student enrollment.  Specifies that students may open enroll to Crosswinds from their resident district and guarantees continued enrollment for any student enrolled at Crosswinds during the 2013-2014 school year.

Section 82, subdivision 3.  Compensatory revenue, literacy aid, and alternative compensation revenue.  Clarifies how pupil counts for compensatory revenue, literacy aid, and alternative compensation revenue are to be calculated for fiscal year 2015 only.

Section 82, subdivision 4.  Title 1 funding.  Directs the department to qualify the Crosswinds school for federal funding.

Section 83.  Vision therapy pilot project.  Establishes a three-year grant program to fund vision therapy pilot projects in up to two school districts.

Section 84.  St. Paul Promise Neighborhood.  Appropriates money in FY15 only to the St. Paul Promise Neighborhood. Requires a report.

Section 85.  Northside Achievement Zone.  Appropriates money in FY15 only to the Northside Achievement Zone. Requires a report.

Section 86.  Appropriations.  See fiscal tracking sheets.

Section 87.  Revisor’s Instruction.  Instructs the revisor to change all references to “location equity” to “local optional.”

Section 88.  Repealer.  Repeals a subdivision from the review and comment statute that requires consultation before developing any plans to construct, remodel, or improve a building for which the estimated cost exceeds $500,000.

ARTICLE 2:  FORECAST ADJUSTMENTS

Adjusts current biennium appropriations to conform to the February forecast.

ARTICLE 3:  ENGLISH LEARNERS

Section 1.  Early Childhood Literacy Program.  Paragraph (a) Requires Head Start literacy program providers to:  use a culturally relevant integrated approach to early literacy; and provide oral and written information to parents of English learners to know how their children are progressing in developing their English proficiency and, where practicable their native language proficiency, and engage with their children in developing that language proficiency.

Paragraph (b) Requires Head Start literacy programs to collect literacy data to monitor the progress and provide reading instruction specific to the needs of English learners.

Section 2. School District Process for Reviewing Curriculum, Instruction, and Student Achievement; Striving for the World’s Best Workforce.

Subdivision 1.  Definitions. Paragraph (a)  Amends the definition of “instruction” to include providing English learners with appropriate, full, and effective access to regular classroom instruction in core curriculum.

Paragraph (c)  Amends the definition of “world’s best workforce” to ensure that all English learners have appropriate English learner instruction and content area support to achieve academic language proficiency and are taught the same state and local academic standards as native English speakers. 

Paragraph (d)  Defines “cultural competence,” “cultural competency,” or “culturally competent” as the ability and will to interact effectively with people of different cultures, native languages, and socioeconomic backgrounds.

Subdivision 1a.  Performance Measures.  Paragraph (a)  Amends the measurers of district progress to include the size of the gap in students’ access to rigorous coursework and enrichment experiences and the English language development and academic progress of English learners and their native language development if the native language is used as a language of instruction.

Paragraph (b)  Requires schools to ensure the formative and summative assessments administered to English learners are accessible and the student have the modifications and supports they need to sufficiently understand the assessments.

Subdivision 2.  Adopting Plans and Budgets.  Requires a school district’s long-term strategic plan to include strategies for improving instruction, curriculum, and student achievement, including the English and the native language development and the academic achievement of English learners.

Subdivision 3.  District Advisory Committee.  Requires the district advisory committee to:  provide translation; and pursue community support to accelerate the academic and native literacy and achievement of English learners with varied needs.

Subdivision 4.  Site Team.  Allows the site team to develop and implement practices and strategies to improve cultural competencies, including cultural awareness and cross-cultural communication.

Subdivision 5.  Report.  Directs a school board to hold an annual public meeting to review and revise the strategies and practices for improving curriculum and instruction and cultural responsiveness, including cultural awareness and cross-cultural communication.

Subdivision 7.  Periodic Report.  Directs school districts to periodically survey affected constituencies in their native language where appropriate.

Subdivision 9.  Annual Evaluation.  Directs the Commissioner to identify school districts not making sufficient progress toward improving teaching and learning for all students, including English learners with varied needs.

Section 3.  Regional Centers of Excellence.  Directs the regional centers to assist districts and schools with the following: supporting culturally responsive teaching and learning aligning the development of academic English proficiency, state and local academic standards, and career and college readiness benchmarks; engaging parents, families, youth, and the community in programs and activities that foster collaboration and shared accountability for the achievement of all students; and translating district forms and other information such as a multi-lingual glossary of commonly used education terms and phrases.  Directs the centers to work with site leadership teams to provide effective and differentiated programs and instruction for different types of English learners.

Section 4.  Reading Proficiently No Later than the End of Third Grade.

Subdivision 1.  Literacy Goal.   Includes English learners in the legislature’s literacy goal.

Subdivision 2.  Identification; report.  Requires reading assessments in English and, in the predominate native languages of district students, to identify and evaluate students’ areas of academic need related to literacy.  Requires schools to monitor the progress and provide reading instruction appropriate to the specific needs of English learners. Requires the district’s locally adopted reading assessment to be developmentally appropriate and culturally responsive.

Subdivision 2a.  Parent Notification and involvement.  Requires schools annually to give parents of children not reading at grade level timely information about strategies the parents may use at home to help their children succeed in becoming proficient in reading in English and in their native language.

Subdivision 3.  Intervention.   Adds programs that strengthen students’ cultural connections to the list of suggested intervention methods.

Subdivision 4.  Staff Development.  Directs school districts to use data to identify staff development needs to enable teachers to: provide reading and oral language instruction that meets students’ developmental, linguistic, and literacy needs, including writing; maximize the oral language and linguistic strengths of English  learners in their native language in order to cultivate the students’ English language development, including oral academic language, and build academic literacy; provide training in culturally responsive pedagogy that enables students to master content, develop skills to access content; and build relationships.

Subdivision 4a.  Local Literacy Plan.  Directs school districts to adopt a local literacy plan to have every child reading at or above grade level by the end of third grade, including English learners.

Section 5.  Planning for Students’ Successful Transition to Postsecondary Education and Employment; Involuntary Career Tracking Prohibited.  Paragraph (a)  Requires student plans to be designed to help students and their families identify collaborative partnerships of prekindergarten through grade 12 schools, postsecondary institutions, economic development agencies, and employers.  Requires student plans to be premised on developing 21st century skills including creativity, communication, and critical thinking.

Paragraph (c)  Requires educators to possess the knowledge and skills to effectively teach all English learners in their classroom.  Requires school districts to provide appropriate curriculum, targeted materials, professional development opportunities for educators, and sufficient resources to enable English learners to become career and college ready.

Section 6.  State Growth Target; Other State Measures. (Paragraph b)  Adds experts in culturally responsive teaching to the stakeholder group of assessment and evaluation experts consulting with the Commissioner on the state’s educational assessment system.

Paragraph (f)  Directs the Commissioner, in consultation with experts in assessing the language proficiency and academic performance of English learners, to identify and report appropriate and effective measure to improve current categories of language difficulty and assessments, monitor and report data on students’ English.

Section 7.  School Performance Reports.  Adds the acquisition of English, native language academic literacy, and the academic progress of English learners to the school performance measures the Commissioner and school districts must report.

Section 8.  Comprehensive, Scientifically based Reading Instruction. Paragraph (a)  For English learners developing literacy skills, encourages districts to use strategies that teach reading and writing in the students’ native language and English at the same time.

Section 9.  License and Rules. Paragraph (g)  Requires all teacher candidates to be prepared in English language development and content instruction for English learners in order to be able to effectively instruct English learners in their classroom.

Paragraph (i) Directs the Board of Teaching to required licensed teachers who are renewing their continuing license to include in their renewal requirements further preparation in English language development and specially designed content instruction in English for English learners.

Effective Date:   Makes the section effective August 1, 2015, and applicable to individuals entering a teacher preparation program after that date.

Section 10. Preparation Programs.  Requires school administrator preparation programs to include instruction on meeting the varied needs of English learners in English and in students’ native language.

Effective Date:  Makes the section effective August 1, 2015 and applicable to individuals entering a school administrator preparation program after that date.

Section 11.   Rule for Continuing Education Requirements.  Requires continuing education programs for administrators to provide information and training about building coherent and effective English learner strategies that include relevant professional development, accountability for student progress, students’ access to the general curriculum, and sufficient staff capacity to effect these strategies.

Effective Date:   Makes the section effective August 1, 2015and applicable to school administrators renewing their administrator’s license after that date.

Section 12.  Teacher and Support Personnel Qualifications. Paragraph (d)  Requires teacher candidates to demonstrate the knowledge and skills needed to provide appropriate instruction to English learners o support and accelerate their academic literacy and achievement in content areas in the regular classroom.

Effective Date:   Makes the section effective August 1, 2015 and applicable to individuals entering a teacher preparation program after that date.

Section 13.  Reading Strategies.  Requires teacher candidates to be instructed in using students’ native languages as a resource in creating effective differentiated instructional strategies for English learners developing literacy skills.

Effective Date:   Makes the section effective August 1, 2015 and applicable to individuals entering a teacher preparation program after that date.

Section 14. Expiration and Renewal.  Paragraph (b)  Requires licensed teachers who are renewing their license to demonstrate reflection and growth in best teaching practices including practices in meeting the varied needs of English learners.

Effective Date:   Makes the section effective August 1, 2015 and applicable to licensed teachers renewing their license after that date.

Section 15.  Bilingual and English as a Second Language Teachers; Licenses.

Subdivision 3.  Employment of Teachers.  Strikes a subdivision prohibiting teachers employed in a bilingual education or English as a second language program from being employed to replace any presently employed teacher who otherwise would not be replaced.

Subdivision 4.  Teacher Preparation Programs.  Requires teacher preparation programs to provide instruction in implementing research-based practices designed specifically for English learners.  Requires programs to focus on developing English learners’ academic language proficiency in English, including oral academic language, giving English learners access to the full school curriculum, developing culturally relevant teaching practices appropriate for immigrant students, and providing more intensive instruction and resources to English learners with lower levels of academic English proficiency and varied needs.

Subdivision 6.  Affirmative Efforts in Hiring.  Directs districts to give preference to native speakers who share a native language with the majority of their students.

Effective Date:   Makes subdivisions 1, 2, 5 and 6 effective August 1, 2015.  Makes subdivision 3 effective immediately.  Makes subdivision 4 effective August 1, 2015 and applicable to individuals entering a teacher preparation program after that date.

Section 16.  Development, Evaluation, and Peer Coaching for Continuing Contract Teachers.  Paragraph (b)  Requires teachers’ annual evaluation process to include longitudinal data on the academic literacy, including oral academic language, and achievement of content areas of English learners.

Section 17.  Development, Evaluation, and Peer Coaching for Continuing Contract Teachers.  Paragraph (b)  Requires teachers’ annual evaluation process to include longitudinal data on the academic literacy, including oral academic language, and achievement of content areas of English learners.

Section 18.  Plan Components.  Requires the Q-Comp educational improvement plan to: include assessment and evaluation tools to measure student performance and progress, including the academic literacy and achievement of English learners; and be based on national and state standards of effective teaching practice applicable to all students including English learners.

Effective Date:   Makes the section effective August 1, 2014 and applicable to plans approved after that date.

Section 19.  Alternative Teacher Professional Pay System.   Requires the alternative teacher professional pay system agreement to use measure of student achievement including academic literacy, oral academic language, and achievement of English learners.

Effective Date:   Makes this section applicable to agreements approved after August 1, 2014.

Section 20.  Effective Staff Development Activities.  Requires staff development activities to provide teachers of English learners differentiated instructional strategies critical for ensuring students’ long-term academic success, the means to effectively use assessment data on the academic literacy, oral academic language, and English language development of English learners, and skills to support native and English language development across the curriculum.

Section 21.  Contents of Plan.  Requires a staff development plan to address issues related to teaching English learners and students with special needs by focusing on long-term systemic efforts to improve educational services and opportunities and raise student achievement.

Section 22.  Staff Development Outcomes.  Requires staff development activities to use research-based best practices, meet the needs of a diverse student population including English learners, and provide an inclusive curriculum for a linguistically diverse student population.

Section 23.  Program Components.  Requires a school district’s teacher residency program to include differentiated instructional strategies, effective use of student achievement data, and support for native and English language development across curriculum and grades.

Section 24.  Principals’ Leadership Institute.  Requires the institute to provide professional development to school principals by providing training to analyze data using culturally competent tools.

Section 25.  People to Be Served.  Requires state-approved alternative programs, when serving English learners and their families, to take into account the variations in students’ backgrounds and needs and the amount of time and the staff resources needed for students to overcome gaps in their education and to develop English proficiency and work-related skills.

Section 26.  Achievement Contract.  Allows site-based achievement contracts to include site-based strategies for English language instruction targeting the teachers of English learners and all teachers and administrators.

Section 27.  Duties; Evaluation.  Makes principals responsible for supporting and improving teaching practices, school performance, and student achievement for diverse student populations, including at-risk students, children with disabilities, English learners, and gifted students.

Section 28.  Program Requirements.  Encourages early childhood family education  (ECFE) programs to provide parents of English learners with translate information to monitor the program’s impact on their children’s English language development, to know whether their children are progressing in developing their English and native language proficiency, and to actively engage with and support their children in developing their English and native language proficiency.  Requires ECFE programs to include learning experiences that promote children’s early literacy and their native language skills.

Section 29.  Program Requirements.  Requires school readiness program providers to:  assess children’s language skills to improve program planning and implementation, communicate with parents, and promote kindergarten readiness; and have teachers knowledgeable in native and English language development programs.

Section 30.  Local Education and Employment Transitions Systems.  Requires a local education and employment transitions systems plan to: increase instruction in English language proficiency; provide staff training in methods of instruction that incorporate English language proficiency; identify current and emerging native and English language development needs of the area or region; and make continuing to work with learners who need English language development part of the program warranty.

Section 31.  Adult Basic Education.

Subdivision 1.  Program Requirements.  Requires an adult basic education program to offer English language instruction.  Requires a program to include measures of student progress toward work-based competency and English language proficiency requirements.

Subdivision 2.  Program Approval.  Requires the Commissioner to approve programs based on how English language proficiency will be met.  Requires the Commissioner to approve a program for up to five years that demonstrates capacity to: offer learning opportunities and support the service choices of adults at all basic skill and English language levels of need; and address the needs adults have for English language learning support services.

Subdivision 5.  Basic Service Level.  Requires the basic service level for a program to describe minimum levels of academic and English language instruction and support services provided at each site.

Subdivision 7.  Performance Tracking System.  Requires the tracking system for a program to collect data on core outcomes for learners, including English learners.

Subdivision 8.  Standard High School Diploma for Adults.  Requires individuals participating in an adult basic education program of instruction, where appropriate, to demonstrate English language proficiency.

Section 32.  Adult Basic Education Supplemental Service Grants.  Allows the Commissioner to make grants for initiatives to accelerate English language acquisition and the achievement of career and college ready skills among English Learners.

Section 33.  English Learner;  Interrupted Formal Education.  Defines an English learner with an interrupted formal education as an English learner who: comes from a home where the language usually spoken is other than English; enters school in the United States after grade 6; has at least two years less schooling than their peers; functions at least two years below expected grade level in reading and mathematics; and may be preliterate in their native language.

Section 34.  Parental Involvement Programs.

Subdivision 1.  Program Goals.  Requires parental involvement programs to help parents recognize and meet the native and English language development needs of their children.

Subdivision 2.  Plan Contents.  Requires model parental involvement program plans to include procedures for coordinating the program with the world’s best workforce.

Subdivision 3.  Plan Activities.  Requires activities included in a model parental involvement program plan to include:  engaging liaison workers to foster linguistic and culturally competent communications; and multilingual programs and opportunities for parents.

Section 35.  Parent and Family Involvement Policy.  Encourages local school boards to adopt and implement a parent and family involvement policy that promotes and supports oral and written communications in families’ native language and welcomes parents in the school using networks that support families’ cultural connections.

Section 36.  Powers and Duties; Report.  Requires the Statewide Longitudinal Education Data System (SLEDS) to: report educational outcomes for diverse student populations including at-risk students, children with disabilities, English learners, and gifted students, and include formative and summative evaluations based on multiple measures of student progress toward career and college readiness; and evaluate the relationship between education and workforce outcomes.

Section 37.  Repealer.  Repeals section 122A.19, subd. 3 (Bilingual and English as a Second Language Teachers;  Employment of Teachers.)

Summary of Supplemental Budget Article for Transportation and Public Safety (TPS)

Article 1 – Transportation and Public Safety Appropriations

Section 1 amends Laws 2009 to make available until expended prior appropriations from the state government special revenue fund in fiscal years 2010 and 2011 for the Next Generation 911 network.

Sections 2 through 5 move $1.493 million of unspent trunk highway bond funds from FY 2010 to FY 2012 to complete work on the Rochester Maintenance Facility.

Section 6 is a technical correction to a prior cancellation of FY 2007 trunk highway bonds.

Section 7 is a technical correction to the Department of Public Safety appropriations summary for the 2014-2015 budget.

Section 8 amends the 2014-2015 appropriation for the Crime Reporting System in the Bureau of Criminal Apprehension, adding that the appropriation is for the inclusion of one full-time equivalent business analyst.

Section 9 makes a onetime appropriation of $1,300,000 in FY 2014 from the fire safety account for activities and programs of the Fire Service Advisory Committee. The Commissioner of Public Safety is required to report to the legislature on the balances and uses of this account.

Section 10 appropriates $700,000 in FY 2015 from the general fund to the Office of Justice Programs for youth intervention programs. The base increase for this purpose is $1,000,000 in each of fiscal years 2016 and 2017. This section also appropriates $300,000 in FY2015 for emergency shelter programs.

Section 11 appropriates $5.059 million in FY 2014 and $6.865 in FY 2015 from the state government special revenue fund to the Commissioner of Public Safety for emergency communication networks. These are onetime appropriations.

Section 12:

  • appropriates $1.0 million in FY 2014 and $3.0 million in FY 2015 from the state airports fund for airport development and assistance. These are onetime appropriations. This section also allows the commissioner, in the current biennium only, to establish different local match requirements for airport projects than otherwise allowed by law;
  • appropriates $8.0 million in FY 2015 from the general fund for Greater Minnesota transit; and
  • appropriates $250,000 in FY 2015 from the general fund for the Safe Routes to School program for noninfrastructure activities such as planning and education.

Section 13:

  • appropriates $5 million in FY 2014 and $38 million in FY 2015 from the trunk highway fund for operations and maintenance of state roads, of which $5 million in each year is an ongoing appropriation for accelerated replacement of snow plowing equipment. The remaining appropriation in FY 2015 is onetime, and is for additional snow and ice support equipment, roadway lighting LED equipment, changeable message signs, enhanced pavement patching, and a supplemental appropriation for snow and ice removal;
  • makes a onetime appropriation of $3 million in FY 2015 from the trunk highway fund for enhanced program delivery; and
  • appropriates a onetime $14 million in FY 2014 from the trunk highway fund for turnback costs of a segment of Trunk Highway 14 and appropriates $825,000 in FY 2015 for costs of new work zone safety initiatives.

Section 14 amends the flexible highway account transfer in FY 2015, allowing $21 million to be transferred to the trunk highway fund for costs of the Trunk Highway 14 turnback.

Section 15 makes a $60,000 ongoing reduction from the general fund appropriation to the Metropolitan Council to correspond to the appropriation increase to the Department of Public Safety for light rail safety oversight.

Section 16 appropriates $60,000 in FY 2015 from the general fund to public safety support in the Department of Public Safety for light rail safety oversight. This appropriation is currently made to the Metropolitan Council and then transferred to the Department of Public Safety for the same purpose. There is a corresponding reduction to the general fund appropriation to Metropolitan Council in this bill.

Section 17 appropriates an additional $2 million from the general fund in FY 2015 for capitol security. This is an ongoing appropriation.

Section 18 makes a technical correction to Department of Public Safety’s Driver and Vehicle Services appropriation for the 2014-2015 budget, and also makes a onetime appropriation of $46,000 from the special revenue fund for expenses related to the task force on motor vehicle insurance coverage verification.

Article 2 – Railroad Safety

Section 1 (S.F. 2796, Sen. Jensen) requires the Commissioner of Public Safety to carry out public safety protection activities related to railroad spill and discharge preparedness. The duties of the commissioner are specified. This section is effective the day following final enactment.

Section 2 (S.F. 2795, Sen. Jensen) directs the Commissioner of Transportation to establish three or four state rail safety inspector positions (current law requires one position) in MnDOT's Office of Freight and Commercial Vehicle Operations. The section authorizes the state rail safety inspectors to perform duties described in the federal State Rail Safety Participation program and to participate in any of the named federal disciplines. The section provides that the inspector's authority to issue citations for violations must be delegated by the Federal Railroad Administration. This section has an immediate effective date. 

Section 3 (S.F. 2795, Sen. Jensen) amends the section in which the commissioner annually assesses railroad companies for state rail inspector costs. The section provides that state rail safety inspector program costs must be divided among Class I and Class II carriers, based on route miles operated in Minnesota. The section removes obsolete language. This section has an immediate effective date.

Section 4 (S.F. 2796, Sen. Jensen) adds a section of law on railroad safety to the Department of Public Safety chapter of statutes.

Subdivision 1 defines terms as follows:

  • “Applicable rail carrier” is a railroad company subject to assessment under section 3.
  • “Hazardous substance” is defined with reference to federal law to include designated chemicals, hazardous air pollutants, and hazardous waste. Hazardous substance does not include natural gas in various forms, synthetic gas, or petroleum, including crude oil that is not otherwise a hazardous waste.
  • “Oil” includes petroleum, fuel oil, sludge, oil refuse, lubricating oils and hydraulic oils.

Subdivision 2 creates the railroad safety account in the special revenue fund. Money in the account is annually appropriated to the Commissioner of Public Safety for purposes under subdivision 3.

Subdivision 3 directs the commissioner to use money in the railroad safety account for training and response preparedness relating to derailments, discharge, and spills of oil or hazardous substances from trains. Following consultation with the Fire Service Advisory Committee, the commissioner must allocate funds to the Board of Firefighter Training and Education and the Division of Homeland Security and Emergency Management, based on specified criteria.

Subdivision 4 provides for an annual assessment of $1.25M to be imposed by the Commissioner of Public Safety on railroads and deposited in the railroad safety account. The assessment amount for each railroad is based on route miles operated in Minnesota.

Subdivision 4 expires July 1, 2016.

Section 5 (S.F. 2796, Sen. Jensen) requires the Commissioner of Public Safety to report, by January 15, 2015, to the legislative Transportation and Public Safety Committees concerning incident and emergency response preparedness for incidents involving oil and hazardous materials transported by rail and pipeline.

Section 6 (S.F. 2795, Sen. Jensen) requires the Commissioner of Transportation to conduct a study on highway-rail grade crossing improvement for oil and other hazardous materials transported by rail. An interim update must be submitted by August 31, 2014, and a final report by October 31, 2014, to the legislative transportation committees. This section has an immediate effective date.

Article 3 – Transportation Finance Provisions

Section 1 (S.F. 2275, Sen. Schmit) requires the state auditor to collect annually from local governments information on fees collected from traffic offense educational diversion programs. This section is effective January 15, 2015.

Section 2 (S.F. 2275, Sen. Schmit) provides, in the chapter on data classification, that data related to a traffic offense educational diversion program are governed by section 169.9991, subdivision 12, which classifies them as private data on individuals. This section is effective January 15, 2015.

Section 3 (S.F. 2785, Governor’s Bill, Sen. Cohen) allows use of funds in the Stillwater Lift Bridge endowment account to be used for bridge safety inspections and reactive repairs.

Section 4 (Amendment, Sen. Westrom) changes references to license plate fees for tax exempt vehicles from “two plates” to “those plates required,” as part of a single-plate bill.

Section 5 (Amendment, Sen. Westrom) changes references to license plate fees from “each set of two plates” to “those plates required,” as part of a single-plate bill.

Section 6 (Amendment, Sen. Westrom) changes references in a section on special license plate emblems for veterans service organizations from “each set of two plates” to “those plates required,” as part of a single-plate bill.

Section 7 (Amendment, Sen. Tomassoni) authorizes the issuance of Minnesota golf plates, or a single motorcycle plate, to a vehicle owner who pays a fee of $10, any other applicable fees, and $30 annually to the Minnesota Section PGA Foundation account. The fees are credited to the vehicle services operating account in the special revenue fund, and the contributions are credited first to the Commissioner of Public Safety to cover plate-related costs. The remainder of the contribution is credited to the Minnesota Section PGA Foundation account and distributed to the Foundation to promote the game of golf. This section is effective January 1, 2015.

Section 8 (S.F. 2425, Sen. Kent) defines “work zone” in the chapter on traffic regulations, as a highway segment on which a road authority is doing construction, reconstruction, or maintenance work, and on which at least one of the following conditions applies:

  • official traffic-control devices that indicate the work zone are erected;
  • at least one lane of traffic is closed;
  • a flagger is present;
  • a construction speed zone limit is established; or
  • a workers present speed limit is in effect.

This section is effective August 1, 2014.

Section 9 (S.F. 2275, Sen. Schmit) specifically exempts traffic offense educational diversion programs from the statutory requirement of statewide uniformity of traffic enforcement and penalties.  This section is effective January 15, 2015.

Section 10 (S.F. 2425, Sen. Kent) removes a provision on traffic control obedience to a flagger. This provision is moved to a new subdivision in Section 11. This section is effective August 1, 2014.

Section 11 (S.F. 2425, Sen. Kent) sets a petty misdemeanor mandatory fine of $300 in addition to the statutory surcharge for failure to obey a work zone flagger. A violation of this subdivision is not grounds for license revocation or suspension.

This section is effective August 1, 2014, and applies to violations committed on or after that date.

Section 12 (S.F. 2425, Sen. Kent) paragraph (a) reduces the speed limit in a work zone, when at least one lane is closed and workers are present, to 45 miles per hour if the usual speed limit is 50 miles per hour or greater. 

Paragraph (b) specifies exceptions to this reduction.

Paragraph (c) allows a road authority to set reduced speed limits in work zones when workers are present, without a traffic study, provided that the speed limits are reduced by no more than 20 mph where the regular limit is 55 miles per hour or greater, and by no more than 15 miles per hour where the regular limit is 50 mph or less.

Paragraph (d) states that reduced speed limits under paragraph (c) are effective upon posting of speed limit signs.

Paragraph (e) requires the road authority to post signs specifying work zone speed limits under this subdivision.

This section eliminates a provision that doubles the fine for a speed limit violation in a work zone when workers are present, replacing it with a mandatory $300 fine.

This section is effective August 1, 2014, and applies to violations committed on or after that date.

Section 13 (S.F. 2425, Sen. Kent) establishes a statutory fine of $300 for a work zone speed limit violation. This section is effective August 1, 2014, and applies to violations committed on or after that date.

Section 14 (Amendment, Sen. Senjem) allows a vehicle operated by a commercial vehicle inspector of the Department of Public Safety or certified as provided by law, to use crossovers between the main roadways of a controlled-access highway.

Section 15 (Amendment, Sen. Westrom) provides that only one plate is required to be displayed on vehicles that are not subject to specific exception, and that one plate must be displayed on the rear of the vehicle. One may be displayed on the front of the vehicle at the discretion of the owner.

Section 16 (S.F. 1787, Sen. Saxhaug) amends the expiration date for an overweight vehicle permit issued for seasonal increases to be the same as the expiration date of the vehicle’s registration upon request of the applicant. This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 17 (S.F. 1787, Sen. Saxhaug) amends the expiration date for an overweight vehicle permit issued for hauling of raw or unfinished forest products to be the same as the expiration date of the vehicle’s registration upon request of the applicant. This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 18 (S.F. 1787, Sen. Saxhaug) states that the fee for an annual overweight permit that has the same expiration date as the vehicle’s registration must be based on the proportion of the year remaining until that expiration date. This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 19 (S.F. 1787, Sen. Saxhaug) states that the expiration date for an overweight permit issued for hauling of pole-length pulpwood is the same as the expiration date of the vehicle’s registration upon request of the applicant. This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 20 (S.F. 1787, Sen. Saxhaug) provides for a proportional overweight permit fee for six-axle vehicles hauling raw or unprocessed agricultural products if the permit expires when the vehicle registration expires under section 22. This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 21 (S.F. 1787, Sen. Saxhaug) provides for a proportional overweight permit fee for seven-axle vehicles hauling raw or unprocessed agricultural products if the permit expires when the vehicle registration expires under section 22.  This section is effective November 30, 2016, and applies to permits issued on and after that date. 

Section 22 (S.F. 1787, Sen. Saxhaug) allows the applicant for an overweight permit under section 30 or section 21 to request an expiration date the same as the vehicle registration expiration date. This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 23 (S.F. 1787, Sen. Saxhaug) adds a conforming reference to the section on fees for overweight vehicle permits for canola hauling. This section states that the fee for overweight vehicle permits issued for canola hauling that have an expiration date matching the expiration date of the vehicle’s registration must be based on the proportion of the year remaining until that expiration date. This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 24 (S.F. 1787, Sen. Saxhaug) amends the expiration date for an overweight permit issued for canola hauling to be the same as the expiration date of the vehicle’s registration. This section is effective November 30, 2016, and applies to permits issued on and after that date.

Section 25 (S.F. 2275, Sen. Schmit) authorizes traffic offense educational diversion programs.

Subdivision 1 provides definitions.

Subdivision 2 authorizes a local unit of government to establish, by resolution, a traffic offense educational program for holders of class D driver licenses who commit one of a list of specified offenses. A peace officer, when issuing a citation, may refer an eligible driver to a diversion course.  The driver may attend and complete the course, or pay or contest the citation.

Subdivision 3 requires a diversion program to comply with best practices developed by the Commissioner of Public Safety.

Subdivision 4 directs the Commissioner of Public safety, by September 15, 2014, in consultation with named organizations, to develop and disseminate uniform best practices, addressing the program’s duration, acceptable locations, curriculum, as well as teacher qualifications, eligibility for participation, and requirements for successful completion. A local government may set a course fee of up to $75, which is retained by the local government to pay program costs, promote traffic safety, and operate other safety and educational programs within the local jurisdiction.

Subdivision 5 imposes a traffic safety surcharge of $50 on each program participant, which is deposited in the general fund. The statutory surcharge does not apply to a participant in a diversion program.

Subdivision 6 authorizes a local government to contract with a third party to administer the program.

Subdivision 7 provides that only licensed peace officers may refer a person to a program. The officer must not issue a diversion program option to an individual with more than two diversion-eligible violations in a 12-month period.

Subdivision 8 directs the program administrator to determine participant eligibility and successful completion, and report to the Commissioner of Public Safety. The commissioner may provide this information to other diversion programs in the state. Each participant must sign an attestation stating that the person has not participated in a diversion program in the previous 36 months.

Subdivision 9 prohibits the Commissioner of Public Safety from recording the violation on the violator’s driving record or use it as grounds for license revocation or suspension. The violation may be recorded in the comprehensive incident-based reporting system.

Subdivision 10 makes a holder of a commercial driver’s license or the driver of a commercial vehicle in which an offense was committed ineligible for participation in diversion programs if this would subject the state to possible loss of federal funds.

Subdivision 11 preempts local authority to identify offenses other than those included in subdivision 1 that qualify a violator for the diversion program.

Subdivision 12 classifies data on individuals in a diversion program as private data on individuals.

This section is effective January 15, 2015, except for subdivision 4, which is effective the day following final enactment.

Section 26 (S.F. 2424, Sen. Kent) changes provisions relating to motorized bicycle operator permits and licenses. The one-year operator’s permit (fee of $6.75) and duplicate permit (fee of $3.75) are stricken and replaced with a single motorized bicycle operator’s permit that is valid until age 21 (fee of $9.75).

Section 27 (S.F. 2424, Sen. Kent) adds to the list of drivers' licenses a commercial learner’s permit, available for a fee of $2.50.

Section 28 (S.F. 2424, Sen. Kent) provides that Department of Public Safety programs and policies relating to commercial drivers’ licensure and commercial motor vehicle operation conform with applicable federal regulations, and that federal provisions supersede state and local law.

Section 29 (S.F. 2785, Governor’s Bill, Sen. Cohen) allows the commissioner of transportation to bill operations units for costs of centrally managed products or services, including equipment acquisition, labor, and materials. Receipts are credited to the special products and services account, which is established in the trunk highway fund and appropriated to the commissioner.

Section 30 (S.F. 2785, Governor’s Bill, Sen. Cohen) provides that funds in the transportation economic development account are available until expended. 

Section 31 (S.F. 2625, Sen. Kent) changes the measurement of growth of the MnDOT federal reimbursements that are used for transportation alternatives projects. Current law provides the amount must be equal to or greater than the authorizations during the preceding four federal fiscal years. This section requires the amount to be equal to or greater than authorizations in federal fiscal years 2010 to 2012. This section is effective the day after final enactment and applies to federal fiscal years beginning with 2015.

Section 32 (S.F. 2290, Sen. Carlson) is a new statutory section on railroad yard lighting.

Subdivision 1 requires railroads to maintain lighting that conforms to described standards if certain tasks are performed in railroad yards during nighttime hours.

Subdivision 2 excuses railroads from compliance with lighting requirements during and within a reasonable period after maintenance, derailments, or severe weather.

Subdivision 3 allows the Commissioner of Transportation to order a railroad to install or modify lighting near a track when employees who frequently work adjacent to a track are exposed to hazard resulting from inadequate lighting. A railroad may appeal an order under this subdivision, subject to chapter 14 on administrative hearings.

Subdivision 4 creates a violation that consists of a railroad’s failure, under subdivision 3, to correct a violation or to appeal an adverse order.

Subdivision 5 provides that a complaining party must make a reasonable, good faith attempt to address the violation before filing a formal complaint against the railroad.

Subdivision 6 allows the Commissioner of Transportation, upon written request of a railroad, to waive any portion of this section if conditions do not reasonably permit compliance. The commissioner’s decision must be based on an on-site inspection between sunset and sunrise of the area for which the waiver has been requested.

Subdivision 7 prescribes a penalty to be imposed against a railroad, of up to $500 for each violation of this section.

Subdivision 8 states that the lighting standards in this section are minimum standards and a railroad is not precluded from providing lighting that exceeds the stated requirements. This section applies only to Class One and Class Two railroad common carrier railroad yards. Railroad yards that have lighting before July 1, 2014, are deemed compliant with the standards in this bill.

This section is effective November 1, 2016.

Section 33 (S.F. 2785, Governor’s Bill, Sen. Cohen) directs the commissioner of public safety to establish an Office of State Safety Oversight to enforce federal safety regulations pertaining to rail fixed guideway public transportation systems.

Section 34 (S.F. 2672, Sen. Dibble) provides that the Commissioner of Public Safety may not expend funds for the Board of Firefighter Training and Education, the State Fire Marshal, or fire-related regional response team programs without the Fire Service Advisory Committee’s recommendation.

Section 35 (S.F. 2672, Sen. Dibble) provides that the Fire Service Advisory Committee does not expire, following the December 2013 recommendation of the Legislative Commission on Planning and Fiscal Policy.

Section 36 (Amendment, Sen. Senjem) eliminates the $12 statutory surcharge on parking violations from July 1, 2014, through June 30, 2015.

Section 37 (Amendment, Sen. Senjem) removes a reference to the $12 parking surcharge from the statutory section on disbursement of surcharges, from July 1, 2014, through June 30, 2015.

Section 38 (S.F. 2270, Sen. Carlson) is a new section of statute concerning light rail transit vehicle design.

Subdivision 1 directs the Metropolitan Council to adopt light rail vehicle design standards by January 1, 2015, that will apply to all light rail vehicles procured on and after that date. The standards must provide users of the service with access and protect their health and safety. Before adoption and posting on the Web site by the council, the standards, and any subsequent amendments, must be reviewed by the Transportation Accessibility Advisory Committee.

Subdivision 2 prescribes minimum standards for light rail vehicles.

Section 39 (S.F. 2785, Governor’s Bill, Sen. Cohen) allows the Commissioner of Transportation, pursuant to a settlement agreement and release, to take over Old Highway 14, spend $35M to complete necessary work, and turn it back to Steele and Waseca Counties.

Section 40 (Amendment, Sen. Westrom) directs the Commissioner of Transportation, by 2019, to perform engineering and traffic investigations on all Minnesota two-lane trunk highways with a posted speed limit of 55 miles per hour and designate an increased speed limit if it is reasonable and safe to do so. New speed limits are effective when new signs are posted. The commissioner must report annually to the legislative transportation committees on the results of these studies. This section is effective the day after final enactment and expires the earlier of January 15, 2019, or the date of submission of the final report.

Section 41 (S.F. 2372, Sen. Jensen) establishes a task force on motor vehicle insurance coverage verification to recommend legislation to create and fund a program. The task force must report to the Commerce and Transportation legislative committees by February 1, 2015, after which the task force sunsets. This section is effective the day after final enactment.

Summary for Health and Human Services Budget Bill (HHS-OMNIBUS)

Article 1:  Health and Human Services Appropriations

Article 2:  Chemical and Mental Health

Sections 1, 2 and 15 relate to the closure of community mental health centers.

Section 1 (245.466, subdivision 3a)  requires counties to prepare a transition plan that provides for the continuity of care in the event a contract with a community health center or support services program is terminated.

Section 2 (245A.04, subdivision 15a) requires license holders who are applying for a license, except for child care providers, to submit a written plan indicating how the agency will provide for the transfer of clients and records if the agency closes. This section specifies what the plan must include.

Section 3 (253B.066, subdivision 1) modifies the civil commitment act, specifically the section of law relating to court-ordered early intervention hearing procedures, by allowing the court to order assertive community treatment, crisis assessment and stabilization, and partial hospitalization.

Section 4 (254B.12) modifies the consolidated chemical dependency treatment fund methodology, to allow the commissioner to seek federal authority to develop a separate payment methodology for chemical dependency treatment services provided by a state-operated vendor.  This is effective for services provided on or after October 1, 2015, or after federal approval, whichever is later.  Before implementing the methodology, the commissioner must receive any necessary legislative approval of required changes to state law or funding.  

Section 5 (256B.06, subdivision 4) requires the commissioner to pay claims in full and subsequently bill counties for the nonfederal share of costs associated with adult mental health targeted case management services for persons who are victims of torture.

Section 6 (256B.0615, subdivision 3) amends the mental health certified peer specialist benefit under medical assistance, by allowing consumers of mental health mobile crisis intervention to be eligible for peer specialists.

Sections 7 to 10 amend the adult crisis response services under medical assistance.

Section 7 (256B.0624, subdivision 2) amends the definition of mental health crisis assessment to include assessing, when feasible, whether the person might be willing to voluntarily accept treatment, determining if the person has an advance directive, and obtaining information and history from family members.  The mobile crisis team must be available to individuals who are experiencing a co-occurring substance use disorder who do not rise to the level of needing services in a detoxification facility. This section also requires the treatment plan to include engagement in treatment planning and family psychoeducation, and provides that mental health crisis stabilization services include family psychoeducation.

Section 8 (256B.0624, subdivision 5) amends mobile crisis intervention team qualifications to include that the team must be experienced in treatment engagement strategies and working with families.

Section 9 (256B.0624, subdivision 6) requires the crisis assessment and mobile intervention treatment team to link a recipient to service and follow up to ensure the recipient is receiving services, if the recipient is unable to follow up on a referral. The crisis team must offer to work with the recipient to develop an advance directive if the recipient is stabilized and is without a directive.

Section 10 (256B.0624, subdivision 10) requires an advance directive, if available, to be in the recipient’s file.

Section 11 (256B.0625, subdivision 64) adds intensive community rehabilitation services as an MA benefit.  This subdivision is effective no later than 120 days after federal approval.

Section 12 (256I.05, subdivision 2) modifies a group residential housing (GRH) rate.  New language states that the rate paid to this facility shall also include adjustments to the GRH rate according to subdivision 1, which sets the maximum rates, and any adjustments applicable to supplemental service rates statewide. The rate adjustment affects Andrew Residence, which cares for approximately 200 people with serious and persistent mental illness who also need  nursing home level of care.

Section 13 requires the commissioner to develop a plan to include detoxification services as a covered medical assistance benefit and present the plan to the legislature by December 15, 2014.  

Section 14 requires the Commissioner of Human Services to convene a working group to address issues related to offenders with mental illness who are arrested or subject to arrest.  The working group’s main objective is to explore the establishment of a facility that would serve as a hub for offenders with mental illness in the metropolitan area, to which the offenders could be transported by law enforcement and assessed.  The working group may also consider how similar facilities could function out state.  The commissioner shall convene the working group by September 1, 2014, with the report due by January 15, 2015, summarizing the working group’s activities, recommendations, and draft legislation. NAMI shall provide meeting space and administrative support.  This section is effective the day following final enactment.

Section 15 requires a report by February 1, 2015, on the rate setting methodology for mental health services.  The report must assesses the current rate setting for IRTS, adult crisis, and ACT, and include an assessment of alternative payment structures that provide adequate reimbursement to sustain community-based mental health services regardless of geographic location.

Article 3:  Children, Families, and Northstar Care

Sections 1 to 4 (245C.05, subdivision 5; 245C.08, subdivision 1; 245C.33, subdivision 1; 245C.33, subdivision 4) modify the Department of Human Services background study chapter of law.

Section 1 (245C.05, subdivision 5) requires that background studies conducted for cases involving a transfer of permanent legal and physical custody of a child, the subject of the background study must provide fingerprints.

Section 2 (245C.08, subdivision 1) requires the commissioner to review information from the child abuse and neglect registry and from the national crime information databases for cases involving a transfer of permanent legal and physical custody.

Section 3 (245C.33, subdivision 1) specifies that under certain circumstances, a new background study is not required when a child is being placed in a home.  This section also provides that before the kinship placement agreement is signed, the commissioner shall conduct a background study on persons 13 years of age or older living in the home.

Section 4 (245C.33, subdivision 4) requires the commissioner to review previous background studies of adoptive parents under section 3.

Section 5 (256B.055, subdivision 1) inserts a cross-reference in the medical assistance statute to the Northstar Care for Children chapter of law.

Section 6 (256J.49, subdivision 13) modifies the MFIP definition of "work activity," specifically job readiness education, to include adult high school diploma course work.  The bill adds that job skills training directly related to employment includes postsecondary education. 

Section 7 (256J.53, subdivision 1) specifies that the postsecondary education program must be a program lasting four years or less.  Current law allows 24 months, or less.  New paragraph (b) requires participants with a high school degree equivalent to be informed of the opportunity to participate in postsecondary education or training.

Section 8 (256J.52, subdivision 2) modifies the subdivision relating to the approval process for postsecondary education by striking documentation requirements, and adding language in which the job counselor works with participants to evaluate options.

Section 9 (256J.53, subdivision 5) allows for 12 weeks of job search, instead of six weeks.

Section 10 (256J.531) modifies the statute related to approving adult basic education and English as a second language (ESL) programs as work activities.  A participant who lacks a high school equivalent degree must be allowed to pursue a degree, provided the participant is making satisfactory process.  Under subdivision 2, the bill strikes language that limited ESL to 24 months, and restricted the amount of time that a participant was allowed to count ESL classes towards the participation requirements.

Sections 11 to 25 modify the Northstar Care for Children chapter of law.

Section 11 (256N.02, subdivision 14a) defines the term “licensed child foster parent.”

Section 12 (256N.21, subdivision 2) clarifies the eligibility criteria for foster care benefits.

Section 13 (256N.21, subdivision 7) adds a new subdivision in the foster care benefits section of law, providing that the background checks for purposes of child foster care licensing must meet the requirements in state law under Minnesota Statutes, chapter 245C, and applicable federal law.

Sections 14 and 15 (256N.22, subdivision 1; 256N.22, subdivision 2) modify guardianship assistance provisions.  Section 9 adds language regarding the requirements for guardian assistance. Section 10 requires the legally responsible agency to document the determinations the eligibility requirements in the federal adoption and guardianship assistance law in the kinship placement agreement.

Section 16 (256N.22, subdivision 4) provides that a background study completed under section 245C.33 meets the federal requirements. Specifies when a previous study is sufficient under this section.

Section 17 (256N.22, subdivision 6) clarifies that the commissioner shall not enter into a guardianship assistance agreement with a stepparent.

Section 18 (256N.23, subdivision 1) clarifies the general eligibility requirements for adoption assistance related to American Indian children, and adds a new paragraph providing that a child receiving Northstar kinship assistance is eligible for adoption assistance under certain circumstances.           

Section 19 (256N.23, subdivision 4) requires a background study on all adults in a prospective adoptive parent’s home, and allows a previously completed study to meet this requirement, under certain circumstances.

Section 20 (256N.24, subdivision 9) clarifies when reassessments for a child in continuous foster care must be completed.

Section 21 (256N.24, subdivision 10) adds a new paragraph stating that no reassessment can be requested or conducted if the agreement has been signed by all parties, but has not been approved by the court.

Sections 22-24 (256N.25, subds. 2 and 3; 256N.26, subdivision 1) eliminates the at-risk benefit level for children eligible for guardianship (kinship) assistance and eliminate the special at-risk monthly payment for adoption assistance.

Section 25 (256N.27, subdivision 4) clarifies the federal, state, and local share of maintenance payments aligning this subdivision with subdivision 5 so that the local share is consistent with what the county or tribe would have spent had Northstar Care for Children not been enacted.

Section 26 (257.85, subdivision 11) provides that payments to counties for relative custody assistance after January 1, 2015, when Northstar becomes effective, are reimbursed under the fiscal reconciliation process under the Northstar chapter of law.

Sections 27 to 29 amend the child protection chapter of law.

Section 27 (260C.212, subdivision 1) modifies the out-of-home placement plan to require documentation of the efforts to finalize the permanency plan for a child who cannot return to or be in the care of either parent. 

Section 28 (260C.515, subdivision 4) relates to the court ordering custody to a relative, by adding that the relative must be “fit and willing,” and modifies the requirements of the court when transferring custody of a child.

Section 29 (260C.611) amends adoption study requirements, providing that a foster home study may suffice if it meets the requirements in this section. 

Section 30 requires the commissioner, in consultation with representatives from the child care and early childhood advocacy community, providers, and others to make recommendations to the appropriate legislative committees on increasing accessibility for providers and parents to the Parent Aware quality rating and improvement system.  The report is due February 15, 2015.  This section is effective the day following final enactment.

Section 31 is a revisor instruction to change all “guardian assistance” references to “Northstar kinship assistance” in chapter 256N.

Section 32 repeals Minnesota Statutes, section 256N.26, subdivision 7. Special at-risk monthly payment for at-risk children in guardianship assistance and adoption assistance.

Article 4: Community First Services and Supports

Sections 1, 2, and 3 amend the DHS background study chapter of law.

Section 1(245C.03, subdivision 8) requires the commissioner to conduct background studies on Community First Services and Supports providers and support workers, as required under Minnesota Statutes, section 256B.85.  

Section 2 (245C.04, subdivision 7) requires the commissioner to conduct a background study of the individuals under section 1 at least upon application for initial enrollment. Prior to the individual beginning direct contact services, the organization must receive a notification from the commissioner that the support worker is not disqualified from direct services, or is disqualified, but received a set-aside of the disqualification. 

Section 3 (245C.10, subdivision 10) adds a new subdivision requiring the commissioner to recover the cost of background studies initialed by an agency-provider delivering community first services and supports.  The fee must not be more than $20 per study, charged to the organization responsible for submitting the background study form.  The fees collected are appropriated to the commissioner for conducting background studies. 

Sections 4 through 24 amend the Community First Services and Supports (CFSS) section of law.

Section 4 (256B.85 subdivision 2) modifies the definitions for “Budget model,” “Community first services and supports service delivery plan,” “Financial management services contractor or vendor,” “FMS contractor,” and “Support worker;” adds definitions for “Consultation services” and “Worker training and development;” and removes “Support specialist” from the definitions list.

Section 5 (256B.85, subdivision 3) replaces “recipient” with either “enrollee” or “participant;” and removes the eligibility requirement that a person cannot live in corporate foster care, a noncertified boarding home, or a boarding and lodging establishment.

Section 6 (256B.85, subdivision 5) modifies when CFSS participants must be assessed; removes language  allowing institutional residents to be assessed and choose CFSS when transitioning to the community; specifies that temporary authorization for CFSS services must be provided under the agency-provider model; requires consultation services after temporary authorization expires; and makes terminology changes.

Section 7 (256B.85, subdivision 6) makes modifications to the information contained in the CFSS service delivery plan, including the duties of consultation services providers and FMS contractors.

Section 8 (256B.85, subdivision 7)  removes transition costs from the list of services and supports covered under the CFSS service unit authorization; specifies that services provided by consultation services providers under contract with DHS are covered; and adds to the list of covered services: the services of a FMS contractor under contract with DHS, the services of parents, stepparents, or legal guardians for participants under 18, and participants’ spouses, and worker training and development services; makes terminology changes.

Section 9 (256B.85, subdivision 8) requires the service budget for budget model participants be based on assessed units determined by a home-care rating, along with a factor for administrative costs; makes terminology changes.

Section 10 (256B.85, subdivision 9) modifies the list of noncovered CFSS services by: removing references to transition costs and training-related expenses for caregivers; and by adding:

  • services provided by a nonenrolled CFSS provider
  • services provided by a CFSS participant’s representative or paid legal guardian
  • services solely for child care or babysitting
  • services  provided by a residential or program license holder under the terms of a service agreement or administrative rules
  • sterile procedures
  • injections
  • non-CFSS assessed homemaker services
  • home maintenance or chore services
  • home care services, including hospice, covered by Medicare or other insurance
  • services to other members of the household
  • services not covered under MA as CFSS
  • use of restraints or implementation of deprivation procedures
  • assessments by CFSS providers or independently-enrolled registered nurses
  • services provided in lieu of legally required staffing in a residential or child care setting
  • services provided by a residential or program license holder in a residence with more than four people

Section 11(256B.85, subdivision 10) modifies agency-provider and FMS contractor qualifications, requirements, and duties.

Section 12  (256B.85, subdivision 11) allows worker training and development services under the agency-provider model, and excludes the revenue generated by these services from the requirement that 72.5 percent of MA revenue be used to pay for support worker wages and benefits; and specifies the process for purchasing goods under the agency-provider model.

Section 13 (256B.85, subdivision 12) changes the term “provider agency” to “agency-provider;”  and requires DHS to send annual enrollment renewal notifications to agency-providers 30 days prior to renewal, with the agency-providers required to submit enrollment renewal documentation to DHS within 30 days of receiving the notifications.

Section 14 (256B.85, subdivision 13) modifies the CFSS budget model by: requiring participants to use an FMS contractor; listing the participants’ duties; listing the circumstances under which DHS must disenroll or exclude individuals from the budget model; and specifying the duties, requirements, and responsibilities of the FMS contractor.

Section 15 (256B.85, subdivision 15) modifies when daily documentation by the support worker must be submitted to the provider, or participant and FMS contractor, from “monthly” to “regular;” and makes terminology changes.

Section 16 (256B.85, subdivision 16) prohibits a CFSS support worker from working, and being paid for, more than 275 hours per month, with no prohibition on the number of work hours in a day (unless it violates other law); makes a terminology change.

Section 17 (256B.85) adds a subdivision establishing the requirements for support workers enrolling with a different CFSS agency-provider or FMS contractor.

Section 18 (256B.85, subdivision 17) establishes, defines, describes, and outlines the duties of consultation services.

Section 19 (256B.85, subdivision 17a) adds a new subdivision requiring DHS to develop qualifications and requirements for consultation services providers.

Section 20 (256B.85, subdivision 18) changes the service budget allocation for budget model participants.

Section 21 (256B.85) requires that DHS establish support worker training and development service standards and limits.

Section 22 (256B.85, subdivision 23) makes a terminology change.

Section 23 (256B.85, subdivision 24) requires a background study for staff who have contact with CFSS participants to provide worker training and development.

Section 24 (Laws 2013, chapter 108, article 7, section 49) amends the CFSS effective date.

Article 5: Continuing Care

Section 1 (13.46, subdivision 4) amends the data practices act by adding cross-references to Minnesota Statutes, chapter 245DParagraph (d) makes the names of reporters of alleged violations of licensing standards under chapter 245D confidential data, which may be disclosed only as provided in this paragraph.  Under paragraph (i), data on individuals collected according to investigations under chapter 245D may be shared with the Department of Human Rights, Health, Corrections, the ombudsman (ombudsman) for mental health and developmental disabilities, and the individual’s professional regulatory board under certain circumstances.

Section 2 (144A.073, subdivision 14) adds a subdivision allowing the Minnesota Department of Health to approve nursing facility moratorium exceptions projects for up to $1 million of the state’s share of Medical Assistance for fiscal year 2015.

Section 3 (144A.33, subdivision 2) modifies the Board on Aging educational services to councils.

Section 4 (245.8251) modifies the human services chapter of law, specifically the statute governing positive support strategies and emergency manual restraint.  Subdivision 1 requires the commissioner, by August 31, 2015, to adopt rules restricting or prohibiting the use of restrictive intervention in all facilities.  Subdivision 2 requires the commissioner to identify data specific to incidents of restraint, and licensed facilities shall report that data to the commissioner and ombudsman.  New subdivision 3 requires that rules adopted according to this section establish requirements for an external program review committee appointed by the commissioner to monitor the implementation of the rules and make recommendations to the commissioner about necessary policy changes.  New subdivision 4 requires the commissioner to establish an interim review panel by August 15, 2014, to review requests for emergency use procedures.  The panel must make recommendations to the commissioner to approve or deny the requests.  This committee must operate until the committee under subdivision 3 is established.  This paragraph specifies membership qualifications for the interim review panel.

Section 5 (245A.03, subdivision 7) amends the adult foster care moratorium, specifically the law requiring the delicensing of beds, by adding language to determine how the commissioner will delicense remaining beds.

Section 6 (245A.042, subdivision 3) amends the Department of Human Services licensing chapter of law related to home and community-based services by specifying that license holders must ensure compliance with the requirements under this section, within the stated timelines.  The requirements relate primarily to service initiation and planning for the recipient, staff orientation, development of policy and procedures, and staff training.

Section 7 (245A.16) provides that licensing authority under chapter 245D is excluded from the delegation of authority to county and private agencies.

Sections 8 to 46 modify chapter 245D.

Sections 8-16 amend the “definitions” section of law.

Section 8 (245D.02, subdivision 3) modifies the definition of “case manager,” to include case management services defined in rule.

Section 9 (245D.02, subdivision 4b) modifies the definition of “coordinated service and support plan” to include the individual program plan or treatment plan as defined in rule.

Section 10 (245D.02, subdivision 8b) is technical, corrects a cross-reference.

Section 11 (245D.02, subdivision 11) amends the definition of “incident” to include a mental health crisis that requires a mental health response team or service when available and appropriate.

Section 12 (245D.02, subdivision 15b) modifies the definition of “mechanical restraint” by clarifying what devices do not fall under this definition.

Section 13 (245D.02, subdivision 29) clarifies the definition of “seclusion.”

Section 14 (245D.02, subdivision 34) provides that the support team includes the case management team as defined in rule.

Section 15 (245D.02, subdivision 34a) reworks the definition of the term “time out.”

Section 16 (245D.02, subdivision 35b) defines the term “unlicensed staff.”

Section 17 (245D.03, subdivision 1) adds under clause (1) services that are excluded from basic support services, and adds “adult” to clarify that this law applies to “adult” companion services, and modifies intensive in-home support services to include residential services provided to more than four persons with developmental disabilities in a supervised living facility.

Section 18 (245D.03, 1a) adds a subdivision stating the effect of the home and community-based standards, which are established to protect the health, safety, welfare, and rights of persons receiving home and community-based services.

Section 19 (245D.03, subdivision 2) modifies the subdivision regarding the relationship to other standards governing H&CBS, by striking language related to corporate or family foster care, and striking cross-references to sections of law that are modified later in the bill.

Section 20 (245D.03, subdivision 3) amends the variance statute by striking a reference to a subdivision related to restrictions when implementing emergency use of manual restraint, and adds a reference to restricted procedures.

Section 21 (245D.04, subdivision 3) amends the protection-related rights of a person, to include that the person has a right to be free from restrictive intervention or other prohibited procedures, except for the use of safety interventions, and strikes a nonexistent cross-reference.

Section 22 (245D.05, subdivision 1) provides that unlicensed staff responsible for medication setup or medication administration must complete training.

Section 23 (245D.05, subdivision 1a) clarifies that if the license holder is responsible for medication setup, or if the license holder provides medication setup as part of medication assistance, the license holder must document the information listed in this section related to the type of medication, quantity, and times administered. 

Section 24 (245D.05, subdivision 1b) clarifies the definition of “medication assistance” and moves existing language regarding medication assistance within the subdivision.

Section 25 (245D.05, subdivision 2) clarifies medication administration responsibilities and procedures.

Section 26 (245D.05, subdivision 4) relates to reviewing and reporting medication and treatment issues, by striking language that required certain reports to the person’s physician or prescriber.

Section 27 (245D.05, subdivision 5) amends the injectable medications subdivision by striking the terms “subcutaneous” and “intramuscular” when describing injections.

Section 28 (245D.051) amends the psychotropic medication use and monitoring provision.  This section strikes language that requires the use of medication be in the person’s coordinated services and support plan and based on a prescriber’s prescription.  Subdivision 2 prohibits the license holder from administering the medication if the person refuses, and the refusal must be reported to the prescriber as expediently as possible. Clarifies that the refusal may not be overridden without a court order.

Section 29 (245D.06, subdivision 1) is technical.

Section 30 (245D.06, subdivision 2) provides that toxic substances or dangerous items must be inaccessible when a known safety risk exists, and makes other clarifying changes.

Section 31 (245D.06, subdivision 4) specifies the circumstances under which a license holder or staff person is restricted from accepting an appointment as guardian.

Section 32 (245D.06, subdivision 6) amends the restricted procedures subdivision, by adding language clarifying what a restricted procedure does not include. This language is moved from 245D.061, subdivision 3.

Section 33 (245D.06, subdivision 7) permits physical contact to redirect a person’s behavior when applied for less than 60 seconds and allows for the use of an auxiliary device to ensure that a person does not unfasten a seatbelt in accordance with other law.

Section 34 (245D.06, subdivision 8) provides that the commissioner has limited authority to grant approval for the emergency use of manual restraint. The commissioner may grant approval when the person is at imminent risk of serious injury due to self-injurious behavior, provided the conditions in this paragraph are also met, which include approval by the person’s support team and the interim review panel. Written requests for emergency use of procedures must be developed and submitted to the commissioner for a determination.

Section 35 (245D.071, subdivision 3) reworks and clarifies the assessment and initial service planning section of law.

Section 36 (245D.071, subdivision 4) amends the service outcomes and supports statute, by clarifying the time lines and duties related to developing a services plan and documentation of service outcomes.  This section also makes other clarifying language changes.

Section 37 (245D.071, subdivision 5) changes “progress reviews” to “service plan review and evaluation”, and adds that the purpose of the service plan is to determine if changes are needed based on new information.

Section 38 (245D.081, subdivision 2) modifies the designated coordinator’s training requirements, in order to ensure that the designated coordinator is competent to perform the duties under this section.

Section 39 (245D.09, subdivision 3) modifies direct care staffing qualifications by allowing the license holder to determine competency of staff by either knowledge testing or observed skill assessment.   Existing law requires both.

Section 40 (245D.09, subdivision 4a) makes clarifying language changes and requires staff to review and receive instruction on mental health crisis response, de-escalation techniques, and suicide intervention, when providing direct care to person with a serious mental illness.

Section 41, 42, and 43 (245D.091, subdivision 2; 245D.091, subdivision 3; 245D.091, subdivision 4) modify behavior professional qualifications, behavior analyst qualifications, and behavior specialist qualifications, respectively.

Section 44 (245D.10, subdivision 3) allows the notice of proposed termination of service to be given in conjunction with the notice of temporary service suspension.   This section also requires the license holder to work with the support team or expanded support team, instead of the appropriate county agency, during the temporary service suspension or service termination notice period.

Section 45 (245D.10, subdivision 4) is technical.

Section 46 (245D.11, subdivision 2) adds that a mental health response team or service must be contacted when an incident occurs, if available and appropriate.

Section 47 (252.451, subdivision 2) provides that notwithstanding the requirements in chapter 245D, a day training and habilitation vendor may enter into written agreements with a business to provide training and supervision needed by individuals to maintain their employment.

Section 48 (256.9752, subdivision 2) requires the Board on Aging to allocate to the area agencies on aging state senior nutrition funds.

Sections 49 to 55 and Sections 79 and 81 modify Nonemergency Medical Transportation Services.

Section 49 (256B.0625, subdivision 17)

Paragraph (a) adds a definition for “nonemergency medical transportation service.”

Paragraph (b) specifies that transportation services covered by MA include those provided by nonemergency medical transportation providers, taxicabs, public transit and not-for-hire vehicles, including volunteers.

Paragraph (c) requires nonemergency medical transportation providers to follow operating standards for special transportation services, and exempts public transit, volunteers, and not-for-hire vehicles from these operating standards.

Paragraph (d) outlines the requirements administrative agencies of nonemergency medical transportation services must follow, including: adhering to policies developed by the Department of Human Services (DHS), in consultation with the Nonemergency Medical Transportation Advisory Committee, reimbursing nonemergency medical transportation providers, providing DHS with data, and utilizing a Web-based assessment tool.

Paragraph (e) requires clients, until the single administrative structure and delivery system is implemented, to obtain a level of service certificate from the Commissioner of Human Services or an approved entity that does not dispatch rides for certain types of transportation modes.

Paragraph (f) allows DHS to use an order by a medical or mental health professional to certify a person requires nonemergency medical transportation services; removes a requirement for nonemergency medical transportation providers to obtain documentation from the health provider on trip information; requires the nonemergency medical transportation providers to maintain trip logs; requires clients requesting direct reimbursement to sign a trip log; and changes the term “special transportation” to “nonemergency medical transportation.”

Paragraph (g) describes the new covered modes of nonemergency medical transportation, and requires DHS to determine the reimbursement for these modes based on the existing rate structure by July 1, 2015.

Paragraph (h) requires administrative agencies to use the level of service process established by DHS, in consultation with the Nonemergency Medical Transportation Advisory Committee, to determine transportation modes, and allows clients to receive a onetime service upgrade if the mode determined under this process is not available. The following modes are established and defined: client reimbursement, volunteer transport, unassisted transport, assisted transport, lift-equipped/ramp transport, protected transport, and stretcher transport.

Paragraph (i) requires, by July 1, 2015, local agencies to administer the client reimbursement within available appropriations, volunteer transport, and unassisted transport modes, with DHS administering the assisted transport, lift-equipped/ramp transport, protected transport, and stretcher transport modes within available appropriations, until the single administrative assessment tool is available, or until July 1, 2016, whichever is later (at that time, local agencies will be the administrative agencies for all modes).

Paragraph (j) requires DHS, in consultation with the Nonemergency Medical Transportation Advisory Committee, to verify that the modes are appropriate and clients are being transported to approved medical appointments, and investigate all complaints and appeals.

Paragraph (k) requires administrative agencies to reimburse for nonemergency medical transportation services if appropriate and adhere to sanctions and monetary recovery action requirements and other requirements in statute and rule.

Paragraphs (l) through (o) change the term “special transportation” to “nonemergency medical transportation.”

Paragraph (p) requires the current administrative agency to coordinate assisted transportation services for current recipients until July 1, 2016; for recipients newly assessed as needing assisted transportation, local agencies will administer door-to-door services and DHS will administer door-through-door services.

Section 50 (256B.0625, subdivision 18b) specifies that DHS cannot use brokers for bus or taxicab nonemergency medical transportation services.

Section 51 (256B.0625, subdivision 18c) modifies the meeting requirements for the Nonemergency Medical Transportation Advisory Committee.

Section 52 (256B.0625, subdivision 18d) modifies the required voting members of the Nonemergency Medical Transportation Advisory Committee.

Section 53 (256B.0625, subdivision 18e) requires DHS to implement a single administrative structure for nonemergency medical transportation once the assessment tool is available or July 1, 2016, whichever is later, and outlines the assessment tool’s requirements, including that it be Web-based and developed in coordination with the Department of Transportation (MnDOT).

Section 54 (256B.0625, subdivision 18g) removes language requiring DHS, in consultation with the Nonemergency Medical Transportation Advisory Committee, to establish performance measures; requires DHS to collect, audit, and analyze data beginning in 2015.

Section 55 (256B.0625, subdivision 18h) adds a subdivision specifying the subdivisions that do not apply to managed care and county-based purchasing plans.

Section 56 (256B.35, subdivision 1) modifies the personal needs allowance that is paid to individuals who are receiving medical assistance and living in a skilled nursing home, intermediate care facility, or medical institution.  This section requires that the personal needs allowance be increased to include income garnished for spousal maintenance, and any administrative fees garnished for collection efforts. 

Section 57 (256B.439, subdivision 1) adds home health services, private duty nursing services, personal care services, and Community First Services and Supports to the list of home and community-based services required to have quality profiles developed by the Department of Human Services (DHS) and Health.

Section 58 (256B.439, subdivision 7) requires quality add-on payment rate adjustments to become part of home and community-based (HCBS) providers’ ongoing payment rate; requires all HCBS providers to receive a minimum quality add-on rate increase, with additional quality add-on payments to providers meeting certain measurements and outcomes. 

Section 59 (256B.441, subdivision 53) adds a rate adjustment provided to nursing facilities to the list of external fixed costs used to calculate nursing facility payment rates.

Section 60 (256B.441, subdivision 63) requires, to the extent practical, DHS to designate nursing facilities as critical access facilities evenly throughout the state beginning in fiscal year 2015; and gives designated facilities and DHS some discretion in the percentages used in the partial rebasing of rates for designated facilities.

Section 61 (256B.4912, subdivision 1) requires that home and community-based providers meet the requirements of chapter 245C prior to the revalidation of a license.

Sections 62 to 70 and Section ...  modify the Disability Waiver Rate System (DWRS).

Section 62 (256B.4913, subdivision 4a) modifies the rate stabilization adjustment subdivision, by defining the terms banding period and historical rate for purposes of calculating a provider rate. This section requires the commissioner to review, by December 31, 2014, all changes to rates that were in effect on December 1, 2013, to verify that the rates produce the equivalent level of spending and service unit utilization on an annual basis as those rates in effect October 31, 2013.  This section also requires that during the banding period, the rate be adjusted to account for changes in the individual’s need.

 

Section 63 (256B.4914, subdivision 2) defines the terms individual staffing, shared staffing, staffing ratio, and unit of service.

 

Section 64 (256B.4914, subdivision 4) amends the subdivision relating to data collection for rate determination.  The determination of service levels must be part of a discussion with members of the support team under chapter 245D, and must occur prior to the final establishment of the individual’s rate.  This section also clarifies the duties of lead agencies related to calculating payment for services, and requires lead agencies to respond to requests, as specified in this section, if a value is erroneous.

 

Section 65 (256B.4914, subdivision 5) makes some clarifying changes, and also requires the commissioner to update several components, including components for residential support services, family foster care, and day services, to name a few, for changes in the consumer price index.

 

Section 66 (256B.4914, subdivision 6) clarifies that payments for transportation are based on the resident with the highest assessed need, and adds language clarifying how to determine the rate for individuals enrolled prior to January 1, 2014.

 

Section 67 (256B.4914, subdivision 7) modifies how services for day programs must be calculated by including staffing ratios for units of service in the calculation.

 

Section 68 (256B.4914, subdivision 9) changes are technical; daily units is changed to day units. 

 

Section 69 (256B.4914, subdivision 10) under paragraph (b), adds that the commissioner must begin to gather information and data, no later than July 1, 2014, on mileage, vehicle type, lift requirements, and underlying costs for services provided by a certified adult mental health provider.   

 

Paragraph (c) requires the commissioner to issue semiannual reports to the stakeholders on the difference in rates by service and by county during the banding period. The first report is due October 1, 2014.

 

Paragraph (d) imposes the duty to begin the review and evaluation of values listed in this paragraph no later than July 1, 2014.

 

Paragraph (f) requires, instead of allows, the commissioner to make recommendations to the legislature by January 15, 2015, to address issues identified in the first year of implementation.

 

Section 70 (256B.4914, subdivision 15) relates to county and tribal allocations, providing that during the first two years of implementation, lead agencies exceeding allocations must only be held liable for spending in excess of allocations after the reallocation of resources by the commissioner under existing law.  The commissioner shall notify lead agencies of the process to reallocate resources by July 1, 2014.

Section 71 (256B.5012) provides a five percent rate increase to intermediate care facilities for persons with developmental disabilities, with 80 percent of the rate increase required to be used to increase direct care staff wages and benefits.

Section 72 requires DHS to seek federal approval to modify the Consumer-Directed Community Supports budget methodology to account for day services for people 21 years old and older graduating high school between 2013 and 2015.

Section 73 requires DHS to develop a transition plan to comply with Centers for Medicare and Medicaid requirements regarding home and community-based settings requirements (25 percent restriction) with a report to the Legislature due January 15, 2015.

Section 74 requires DHS and interested stakeholders to review Medical Assistance spenddown requirements and processes for seniors and individuals with disabilities, both in Minnesota and other states, with a report to the Legislature due February 15, 2015.

Section 75 provides a five percent rate increase to home and community-based services providers, with 80 percent of the rate increase required to be used to increase direct care staff wages and benefits.

Section 76 provides a rate increase for nursing facilities.  The adjustment is based on employees making between $8.00 and $13.00 per hour, with the increase required to go towards wages and benefits for staff making less than $14.00 per hour.

Section 77 requires the DWRS to be adjusted to account for the five percent rate increase for home and community-based services providers.

Section 78 allows DHS to waive nonemergency medical transportation services vehicle requirements until February 1, 2016, or when MnDOT begins to certify vehicles, with a report due to the Legislature due February 1, 2015.

Section 79 is a technical revisor instruction to update terminology.

Section 80 repeals an obsolete subdivision regarding the enrollee assessment process for nonemergency medical transportation services.

Article 6: Health Care

Section 1 (256.01, subdivision 38) authorizes the commissioner to enter into a contract with a national organization that will enable the department to access a national registry of insurance coverage and information.

Sections 2 (256.9685, subdivision 1) and 3 (256.9685, subdivision 1a) remove cross-references to the discontinued General Assistance Medical Care (GAMC) program.

Section 4 (256.9686, subdivision 2) changes the definition of a hospital’s “base year” to include fiscal year “or years;” removes a reference to GAMC.

Section 5 (256.969, subdivision 1) removes language prohibiting automatic annual inflation adjustments for Medical Assistance (MA) hospital payment rates; removes a reference to GAMC.

Section 6 (256.969, subdivision 2) requires DHS to use the all-patient refined diagnosis-related groups (APR-DRGs) diagnostic classification system; allows DHS to supplement APR-DRG data with national averages; removes language requiring DHS on January 1, 2013, to recategorize diagnostic classifications, values, and case mix indices in effect prior to January 1, 2013.

Section 7 (256.969, subdivision 2b) establishes the new inpatient hospital payments system.

Paragraph (a) specifies that for discharges occurring on or after October 1, 2014, hospital inpatient services for hospitals located in Minnesota shall be for critical access hospitals, paid using a cost-based methodology, and for all other hospitals, except for long-term care hospitals and rehabilitation hospitals, paid on a diagnostic-related group (DRG) methodology.

Paragraph (b) specifies that for the period beginning January 1, 2011, to September 30, 2014, rates shall not be rebased except for long-term hospitals.

Paragraph (c) effective for discharges occurring on and after October 1, 2014, payment rates for hospital inpatient services shall be rebased, incorporating cost and payment methodologies in a manner similar to Medicare, with the base year being fiscal year 2012. The rebasing must be budget neutral, ensuring that the total aggregate payments under the rebased system are equal to the total aggregate payments made for the same number and type of services in the base year. Requires separate budget neutrality calculations for payments made to critical access hospitals and payments made to hospitals under the DRG system.

Paragraph (d) for discharges occurring October 1, 2014, through June 30, 2016, the projected rates shall be adjusted so that there is no greater than a five percent increase or decrease from the base year payments for any hospital. Authorizes the commissioner to make additional adjustments to rates and consider the impact of changes on certain services, providers, and admissions when evaluating whether additional adjustments should be made.

Paragraph (e) requires the rebased rates to incorporate the following:

(1) for hospitals paid under DRG methodology the base year payment rate per admission is standardized by the applicable Medicare wage index and adjusted by the hospital's disproportionate population adjustment;

(2) for critical access hospitals interim per diem payment rate on the ratio of cost and charges reported on the base year Medicare cost report or reports and applied to medical assistance utilization data.

(3) the cost and charge data used must only reflect inpatient services covered by medical assistance; and

(4) for discharges occurring on or after the rate year beginning January 1, 2011, to December 31, 2012, the payment rate per discharge must be based on the cost-finding methods and allowable costs of the Medicare program in effect during the base year or years.

Section 8 (256.969, subdivision 2d) requires the commissioner to apply a budget neutrality factor and ensure that the total DRG and critical access hospital payments to hospitals do not exceed total DRG and critical access hospital payments that would have been paid to hospitals for the same number and types of services if the relative rates and weights had not been recalibrated and cost-based payments for critical access hospitals had not been established.

Section 9 (256.969, subdivision 2e) authorizes the commissioner to implement an interim payment process to pay hospitals for discharges occurring on or after October 1, 2014, and no later than June 30, 2015. These payments may be used to pay hospitals if the new payment system and rebasing is not complete by October 1, 2014. Claims paid under at the interim payment rates shall be reprocessed and paid at the rates established under the new system upon implementation of the new system.

Section 10 (256.969, subdivision 2f) requires the commissioner to report to the legislature on March 1, 2015, and March 1, 2016, on the financial impacts by hospitals and policy ramifications resulting from payment methodology charges.

Section 11 (256.969, subdivision 3a) changes the timeline that DHS must notify hospitals of payment rates, from each December 1 of the preceding year to 30 days prior to implementation; removes language relating to GAMC; removes several paragraphs relating to total payment reductions in prior years.

Section 12 (256.969, subdivision 3b) replaces references to the old ICD-9-CM codes (International Statistical Classification of Diseases) with the new ICD-10-CM codes; and specifies that the list of hospital-acquired conditions not covered by MA are defined by the Centers for Medicare and Medicaid.

Section 13 (256.969, subdivision 3c) eliminates the current ten percent rateable reduction to hospitals for inpatient services effective October 1, 2014, and exempts from the rate reduction a hospital located in Hennepin County with the licensed capacity of 1,700 beds for admissions of patients who are under 18 years of age, effective September 1, 2011.

Section 14 (256.969, subdivision 4b) requires critical access and disproportionate share hospitals to file MA cost reports within six months of the hospitals’ fiscal year, and requires the commissioner to suspend payments if the reports are not filed.

Section 15 (256.969, subdivision 6a) makes a technical cross-reference change.

Section 16 (256.969, subdivision 8)  requires the commissioner to establish payment rates for acute transfers occurring on or after October 1, 2014, that are based on Medicare methodologies.

Section 17 (256.968, subdivision 8a) strikes the language that specifies a specific payment rate for neonatal admissions, effective October 1, 2014.

Section 18 (256.969, subdivision 8c) requires hospital resident payments be based on the APR-DRG for the first 180 days, then based on the statewide average cost-to-charge ratio multiplied by the usual and customary charges.

Section 19 (256.969, subdivision 9) removes references to GAMC and outdated language related to disproportionate share hospital payments; and excludes critical access hospitals from disproportionate share hospital payments.

Section 20 (256.969, subdivision 10) requires hospitals to exclude certified registered nurse anesthetist costs from the operating payment rate.

Section 21 (256.969, subdivision 12) specifies that for rehabilitation hospitals the commissioner shall replicate, to the extent possible, the existing payment rate methodology under the new diagnostic classification system, for discharges occurring on or after October 1, 2014.

Section 22 (256.969, subdivision 14) makes technical cross-reference changes due to subdivisions being repealed, and specifies that for acute transfers occurring on or after October 1, 2014, the commissioner shall establish payment rates that are based on Medicare methodologies.

Section 23 (256.969, subdivision 17) makes a conforming language change; and prevents values of diagnostic categories from being redetermined until required by statute (instead of by rule).

Section 24 (256.969, subdivision 18) makes a conforming change by removing a reference to operating and property rates, and referring to inpatient hospital rates for out-of-state hospitals outside local trade areas.

Section 25 (256.969, subdivision 25) specifies that long-term hospitals shall be paid a per diem rate established by the commissioner.

Section 26 (256.969, subdivision 30) specifies the ADR-DRG categories used for payments for births.

Section 27 (256B.04, subdivision 24) before submitting a Medicaid waiver request or a state plan amendment to the federal government for approval, the Commissioner of Human Services is required to publish the text of the waiver request or the state plan amendment or a web link to the text, in the State Register and provide a 30-day public comment period.  This section also requires the commissioner to publish in the State Register notice of any decision related to the state’s request within 30 days of the decision.  The notice must also include any modifications that have been agreed to by the commissioner as a condition of receiving federal approval.

Section 28 (256B.0625, subdivision 30) establishes a payment schedule for clinic services provided by federally-qualified health centers and rural health clinics.

Paragraph (h) requires for services provided on or after January 1, 2015, claims for payment for clinical services provided by federally qualified health centers and rural health clinics to be submitted to the commissioner and to the managed care plan or county based purchasing plan and requires the commissioner to pay the claim. The commissioner is required to submit the claim payment information to the managed care and county based purchasing plans.

Paragraph (i) for clinic services provided prior to January 1, 2015, requires the managed care and county based purchasing plans to submit to the commissioner all necessary claims information and requires the commissioner to calculate and pay monthly the proposed managed care supplemental payment to clinics. Clinics are required to conduct a timely review of the calculation data and any issues that arise must be reported to the commissioner by January 1, 2017. No supplemental payment for managed care claims for services provided prior to January 1, 2015, shall be made after June 30, 2017, and if issues cannot be resolved, the parties must submit the dispute to the arbitration process under section 14.57.

Section 29 (256B.0949, subdivision 11) authorizes the commissioner to seek a Medicaid state plan amendment under EPSDT if it is helpful in getting Medicaid coverage for any of the type of treatments covered under the autism benefit.

Section 30 (256B.199) removes outdated language and references to GAMC.

Section 31 (256B.69, subdivision 34) clarifies the supplemental recovery program for third-party liabilities identified through coordination of benefits not recovered by managed care or county-base purchasing plans for state public health care programs.  Requires the commissioner to timely share third-party liability date with managed care plans and county-based purchasing plans.

Section 32 (256L.30) creates a program to provide health coverage to low-income uninsured children.

Subdivision 1, paragraph (a), requires the Commissioner of Human Services to establish a program to provide coverage to low-income uninsured children who are not eligible for medical assistance or MinnesotaCare.

Paragraph (b) specifies that a child must be under the age of 21 and must meet all the other Minnesota Care eligibility requirements except as specified, and has been determined eligible for the emergency medical assistance program under section 256B.06, subdivision 4, paragraph (e) or (f); or the child’s treating health care provider certifies that the child has an emergency medical condition as defined under federal regulations that is likely to lead to the child being admitted to a hospital or emergency department unless intervening outpatient health care treatment is provided.

Paragraph (c) specifies that eligibility continues for as long as the child continues to have the underlying medical condition that gave rise to the initial emergency medical condition.

Paragraph (d) exempts children who are eligible for this program from the MinnesotaCare income limits and specifies that they remain eligible so long as their family income is equal to or less than 275 percent of FPG.

Paragraph (e) specifies that children who are eligible for medical assistance or MinnesotaCare are not eligible for this program.

Paragraph (f) specifies that the MinnesotaCare program requirements and procedures apply to this program unless specified otherwise.

Subdivision 2, paragraph (a), specifies that the program provides the services covered under the MinnesotaCare program.

Paragraph (b) specifies that the program does not cover services that would otherwise be covered under the emergency medical assistance program

Paragraph (c) specifies that the program also covers nursing facility services and home and community-based services if the child’s family income is equal to or less than the medical assistance income eligibility standards or the child meets the excess income eligibility standards.

Paragraph (d) defines home and community-based services.

Subdivision 3 states that children whose family income is equal to or less than 275 percent of FPG shall pay the applicable MinnesotaCare premiums and cost-sharing provisions.

Subdivision 4, paragraph (a), authorizes the commissioner to contract with managed care plans, county-based purchasing plans, provider networks, nonprofit coverage programs, counties, or health care delivery systems to administer the program.  The commissioner is authorized to contract on a capitated or fixed budget basis under which the contractor shall be responsible for providing the covered services to eligible children within the limits of the capitation or budgeted amount.  The commissioner is also authorized to contract using gain-sharing and risk-sharing methods.  If the commissioner contracts with a contractor under this subdivision, the commissioner may separate nursing facility services, home and community-based services and pharmacy services from the other covered services and provide payment for these services under a fee for service basis.

Paragraph (b) specifies that if no qualified contractors are available and willing to contract on an alternative payment basis in a specific geographic area of the state, the commissioner shall administer the program as a fee-for-service program in that geographic area.

Paragraph (c) specifies that an eligible child must be provided the opportunity to choose to receive covered services from an essential community provider.

Section 33 requires the commissioner to seek federal authority to make changes to the emergency medical assistance program to allow coverage and payment for cost-effective, community-based services and outpatient services as an alternative to hospital inpatient and emergency department services.

Section 34 requires the Commissioner of Human Services, in consultation with the Commissioner of Health, to convene a workgroup to develop a new delivery and reimbursement system for oral health and dental services provided to enrollees of the state public health care programs.  The commissioner shall submit the report and draft legislation to the legislature by January 15, 2015.

Section 35 repeals the following subdivisions in Section 256.969:

  • Subdivision 8b – GAMC admissions
  • Subdivision 9a – expired disproportionate share adjustment
  • Subdivision 9b – expired rate reduction
  • Subdivision 11 – special rate-setting methodologies
  • Subdivision 13 – neonatal transfers
  • Subdivision 20 – expired MA payment increases
  • Subdivision 21 – GAMC mental health or chemical dependency rates
  • Subdivision 22 – expired hospital payment adjustment
  • Subdivision 26 – greater Minnesota payment adjustment
  • Subdivision 27 – quarterly payment adjustment
  • Subdivision 28 – temporary rate increase

Section 256.9695:

  • Subdivision 3 – outdated transition language
  • Subdivision 4 – outdated study language

Article 7:  Health DepartmentealhEA

Section 1 (144.1501, subdivision 1) redefines a designated rural area for purposes of the health professional loan forgiveness program.

Section 2 (144.551, subdivision 1) provides an exception to the hospital construction moratorium for a 16-bed psychiatric hospital in Thief River Falls if the department finds it is in the public interest upon completion of the public interest review process.

Section 3 (144.9513) requires the commissioner to make grants to nonprofit organizations, community health boards, and community action agencies to support the implementation of healthy housing programs that support the health of residents.

Section 4 (144A.484) creates a new section, “INTEGRATED LICENSURE; HOME AND COMMUNITY-BASED SERVICES DESIGNATION,” with subdivisions 2 to 8 effective July 1, 2015.

Subdivision 1 requires the Department of Health (MDH) to enforce the home and community-based services (HCBS) standards in Chapter 245D for providers also licensed by MDH as home-care providers, from January 1, 2014, to June 30, 2015; allows home-care providers to apply for an HCBS-designation in lieu of licensure under Chapter 245D, beginning July 1, 2015.

Subdivision 2 outlines the HCBS-designation application process.

Subdivision 3 requires HCBS-designation holders and applicants pay a fee.

Subdivision 4 lists the provisions in Chapter 245D applicable to HCBS-designation holders.

Subdivision 5 requires MDH to monitor HCBS-designation holders’ compliance with the applicable provisions in Chapter 245D; lists the enforcement options available to MDH for noncompliance.

Subdivision 6 specifies that home-care provider license denial also denies an applicant a HCBS-designation; and allows for a reconsideration of denial.

Subdivision 7 requires MDH and the Department of Human Services (DHS) to enter into any necessary agreements to implement the integrated licensure system.

Subdivision 8 sets the initial HCBS-designation fee at $155; creates a sliding scale renewal fee schedule based on annual revenue from HCBS, from $40 for $25,000 or under in HCBS revenue, to $320 for revenue greater than $1.5 million; requires fees and penalties to be credited to the State Government Special Revenue Fund.

Section 5 (145.4716, subdivision 2) specifies that the director of child sex trafficking prevention is responsible for managing the requests for proposals for comprehensive services, including trauma-informed, culturally specific services.

Section 6 (256B.04, subdivision 21) requires home-care providers licensed by MDH, with a HCBS-designation, to designate a compliance officer.

Section 7 requires the Commissioner of Health to award health care grants to dental providers and community mental health programs that provide free or reduced-cost care to low-income patients with incomes below 200 percent of the federal poverty guidelines, and who do not have health insurance coverage.  This section also creates an emergency medical assistance outlier grant program for hospitals to assist in defraying underpayments associated with the emergency medical assistance program.

Section 8 requires the Commissioner of Health to develop an implementation plan for stratifying quality measures based on disability, race, ethnicity, language, and other sociodemographic factors that are correlated with health disparities and impact performance or quality measures, and submit the plan to the legislature by January 15, 2015.  This section also requires the commissioner to assess the risk adjustment methodology under section 62U.02, subdivision 3, for potential harm and unintended consequences for patient populations who experience health disparities and submit the assessment to the legislature by January 15, 2016.

Section 9 requires the department to work with Aging Services of Minnesota, Care Providers of Minnesota, the Minnesota Home Care Association, the Department of Human Services, the Office of the Ombudsman for Long-Term Care and other stakeholders to develop a consolidated bill of rights for clients that ensures clients continue to be fully informed of their rights.

Article 8:  Public Assistance Simplification

Article 8 establishes a new chapter of law, chapter 256P, which contains uniform procedures for determining the asset limits, earned income disregard, self-employment earnings, and verification of documentation for the General Assistance (GA), Minnesota supplemental aid (MSA), group residential housing (GRH), and the Minnesota family investment (MFIP) programs.  A majority of the sections in the bill incorporate references to the new chapter, and strike redundant and obsolete language in existing law.  The new language establishing the uniform procedures is in Sections 31 to 36.

Section 1(254B.04, subdivision 3) is technical; deletes a reference to a general assistance subdivision that is repealed.

Sections 2 to 8 (256D.02, subdivision 8; 256D.02, subdivision 12; 256D.05, subdivision 5; 256D.06, subdivision 1; 256D.08, subdivision 1; 256D.08; 256D.10) modify the general assistance program, by striking obsolete language and adding cross-references to the new chapter of law with regard to self employment earnings in section 2, the definition of agency in section 3, the transfer of property under section 4, earned income in section 5, and personal property limitations under section 6.

Section 9 to 11 (256D.405, subdivision 1; 256D.405, subdivision 3; 256D.425, subdivision 2) modify the MSA program, by striking obsolete language and adding cross-references to the new chapter of law.  Section 9 strikes language regarding the verification of information and adds a cross-reference to the new chapter. Section10 is technical; changes the term “recipient” to “participant” in order to be consistent across programs. Section 11 clarifies that for individuals receiving SSI, the determination of resources does not change, but for individuals who do not receive SSI, the resource standards  are under the new chapter of law.

Sections 12 and 13 (256I.03; 256I.04, subdivision 1) modify the GRH program.  Section 12 inserts the definition of “agency” and cross-references the definition in the new chapter.  Section 13 references the restrictions and standards in the new chapter.

Sections 14 to 30 (256J.08; 256J.08, subdivision 47; 256J.08, subdivision 57; 256J.08, subdivision 83; 256J.10; 256J.21, subdivision 3; 256J.21, subdivision 4; 256J.30, subdivision 4; 256J.30, subdivision 9; 256J.32, subdivision 1; 256J.33, subdivision 2; 256J.37, as amended by Laws 2013; 256J.425, subdivision 1; 256J.425, subdivision 7; 256J.95, subdivision 8; 256J.95, subdivision 9,; 256J.95, subdivision 10) amend MFIP, by striking obsolete and redundant language, and adding references to the replacement provisions in the new chapter of law.  Sections 22, 26, and 27 strike references to the shared household standard, which is repealed.

Section 31 (256P.001) provides that GA, MSA, GRH, and MFIP are subject to the requirements under this chapter.

Section 32 (256P.01) defines the following terms:  agency, earned income, earned income disregard, equity value, personal property, and self-employment.

Section 33 (256P.02) relates to personal property limitations. The personal property of an assistance unit must not exceed $10,000.  One vehicle per assistance unit member age 16 or older is excluded.  Vehicles that are not excluded are included in the personal property calculation.

Section 34 (256P.03) establishes the earned income disregard, which is the first $65 of earned income plus one-half of the remaining earned income per month. This calculation is based on the SSI disregard, which is the existing calculation for GRH and MSA.

Section 35 (256P.04) specifies the procedures for documenting, verifying, and recertifying eligibility.  The section consolidates existing law primarily from the MFIP statutes in this chapter.

Section 36 (256P.05) adds a new section of law regarding self-employment earnings.  The self-employment earnings calculations are simplified under this section.  The agency must determine self-employment, which is either one-half of the participant’s gross earnings from self-employment, or taxable income as determined by an IRS tax form.  This section specifies that the budget period for self-employment income begins when the participant applies, or when the employment begins.

Section 37 repeals redundant provisions in the MFIP, GA, GRH, and MSA programs. The repealer of the shared household standard (sections 256J.08, subdivision 82a, and 256J.24 subdivision 9) is not redundant, but was repealed to simplify the eligibility process for MFIP participants.  

Article 9:  Human Services Forecast Adjustments

 

 

 

 
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