STATE OF
EIGHTY-FOURTH SESSION - 2006
_____________________
NINETY-SEVENTH DAY
The House of Representatives convened at
12:00 noon and was called to order by Gregory M. Davids, Speaker pro tempore.
Prayer was offered by Dr. Pamela
Jolicoeur, President,
The members of the House gave the pledge
of allegiance to the flag of the
The roll was called and the following
members were present:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Mariani was excused.
Olson was excused until 1:00 p.m. Ellison was excused until 2:55 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Hilstrom
moved that further reading of the Journal be suspended and that the Journal be
approved as corrected by the Chief Clerk.
The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 2953 and
H. F. No. 3194, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Westerberg moved that the rules be so far
suspended that S. F. No. 2953 be substituted for
H. F. No. 3194 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3199 and
H. F. No. 3585, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Smith moved that the rules be so far
suspended that S. F. No. 3199 be substituted for
H. F. No. 3585 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING
COMMITTEES
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 2688, A bill for an act relating to veterans;
authorizing the placement of a plaque on the Capitol grounds honoring the
nation's war dogs and their handlers.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Sykora from the Committee on Education Finance to which was
referred:
H. F. No. 3179, A bill for an act relating to education;
providing for general education revenue, education excellence, special
programs, accounting, self-sufficiency and lifelong learning, and state
agencies; authorizing rulemaking; amending Minnesota Statutes 2004, sections
119A.50, subdivision 1; 119A.52; 119A.53; 119A.545; 120A.20, subdivision 1;
120A.22, subdivision 3; 120B.023; 120B.024; 123A.06, subdivision 2; 123B.10,
subdivision 1; 124D.02, subdivisions 2, 4; 124D.10, subdivision 16; 124D.518,
subdivision 4; 124D.52, subdivision 1; 124D.61; 124D.68, subdivision 3;
125A.02, subdivision 1; 125A.27, subdivision 11; 125A.29; 125A.30; 125A.32;
125A.33; 125A.48; 125A.515, subdivisions 1, 3, 5, 6, 7, 9, 10; 125A.63,
subdivision 4; 125A.69, subdivision 3; 125A.75, subdivision 1; 126C.05,
subdivision 1; 126C.10, subdivision 6; 126C.44; Minnesota Statutes 2005
Supplement, sections 121A.53, subdivision 1; 122A.415, subdivisions 1, 3;
123B.76, subdivision 3; 124D.095, subdivision 4; 124D.68, subdivision 2;
125A.11, subdivision 1; 126C.43, subdivision 2; 127A.45, subdivision 10; Laws
2005, First Special Session chapter 5, article 2, sections 81; 84, subdivision
13; article 7, section 20, subdivision 5; proposing coding for new law in
Minnesota Statutes, chapter 119A; repealing Minnesota Statutes 2004, sections
119A.51; 120A.20, subdivision 3; 125A.10; 125A.515, subdivision 2.
Reported the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE 1
GENERAL EDUCATION REVENUE
Section 1. Minnesota
Statutes 2004, section 120A.20, subdivision 1, is amended to read:
Subdivision 1. Age limitations; pupils. (a) All schools supported in whole or
in part by state funds are public schools.
Admission to a public school is free to any person who: (1)
resides within the district that operates the school, who; (2) is
under 21 years of age, or who meet the requirements of paragraph (c);
and who (3) satisfies the minimum age requirements imposed by
this section. Notwithstanding the
provisions of any law to the contrary, the conduct of all students under 21
years of age attending a public secondary school is governed by a single set of
reasonable rules and regulations promulgated by the school board.
No (b) A person shall not be
admitted to any a public school (1) as a kindergarten pupil,
unless the pupil is at least five years of age on September 1 of the calendar
year in which the school year for which the pupil seeks admission commences; or
(2) as a 1st grade student, unless the pupil is at least six years of age on
September 1 of the calendar year in which the school year for which the pupil
seeks admission commences or has completed kindergarten; except that any school
board may establish a policy for admission of selected pupils at an earlier
age.
(c) A pupil who becomes age 21 after enrollment is eligible
for continued free public school enrollment until at least one of the following
occurs: (1) the first September 1 after the pupil's 21st birthday; (2) the
pupil's completion of the graduation requirements; (3) the pupil's withdrawal
with no subsequent enrollment within 21 calendar days; or (4) the end of the
school year.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 122A.415, subdivision 1, is amended to read:
Subdivision 1. Revenue amount. (a) A school district, intermediate school
district, school site, or charter school that meets the conditions of section
122A.414 and submits an application approved by the commissioner is eligible
for alternative teacher compensation revenue.
(b) For school district and intermediate school district
applications, the commissioner must consider only those applications to
participate that are submitted jointly by a district and the exclusive
representative of the teachers. The
application must contain an alternative teacher professional pay system
agreement that:
(1) implements an alternative teacher professional pay system
consistent with section 122A.414; and
(2) is negotiated and adopted according to the Public
Employment Labor Relations Act under chapter 179A, except that notwithstanding
section 179A.20, subdivision 3, a district may enter into a contract for a term
of two or four years.
Alternative teacher compensation revenue for a qualifying
school district or site in which the school board and the exclusive
representative of the teachers agree to place teachers in the district or at
the site on the alternative teacher professional pay system equals $260
times the ratio of the formula allowance for the current fiscal year to the
formula allowance for fiscal year 2007 times the number of pupils enrolled
at the district or site on October 1 of the previous fiscal year. Alternative teacher compensation revenue for
a qualifying intermediate school district must be calculated under section
126C.10, subdivision 34, paragraphs (a) and (b).
(c)
For a newly combined or consolidated district, the revenue shall be computed
using the sum of pupils enrolled on October 1 of the previous year in the
districts entering into the combination or consolidation. The commissioner may adjust the revenue
computed for a site using prior year data to reflect changes attributable to
school closings, school openings, or grade level reconfigurations between the
prior year and the current year.
(d) The revenue is available only to school districts,
intermediate school districts, school sites, and charter schools that fully
implement an alternative teacher professional pay system by October 1 of the
current school year.
(e) The revenue must be maintained in a reserve account within
the general fund.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 122A.415, subdivision 3, is amended to read:
Subd. 3. Revenue timing. (a) Districts, intermediate school districts,
school sites, or charter schools with approved applications must receive
alternative compensation revenue for each school year that the district,
intermediate school district, school site, or charter school implements an
alternative teacher professional pay system under this subdivision and section
122A.414. For fiscal year 2007 and
later, a qualifying district, intermediate school district, school site, or
charter school that received alternative teacher compensation aid for the
previous fiscal year must receive at least an amount of alternative teacher
compensation revenue equal to the lesser of the amount it received for the
previous fiscal year or the amount it qualifies for under subdivision 1 for the
current fiscal year if the district, intermediate school district, school site,
or charter school submits a timely application and the commissioner determines
that the district, intermediate school district, school site, or charter school
continues to implement an alternative teacher professional pay system,
consistent with its application under this section.
(b) The commissioner shall approve applications that comply
with subdivision 1, and section 122A.414, subdivisions 2, paragraph (b), and
2a, if the applicant is a charter school, in the order in which they are
received, select applicants that qualify for this program, notify school
districts, intermediate school districts, school sites, and charter schools
about the program, develop and disseminate application materials, and carry out
other activities needed to implement this section.
(c) For applications approved under this section before August
1 of the fiscal year for which the aid is paid, the portion of the state total
basic alternative teacher compensation aid entitlement allocated to charter
schools must not exceed $522,000 for fiscal year 2006 and $3,374,000 for fiscal
year 2007. For fiscal year 2008 and
later, the portion of the state total basic alternative teacher compensation
aid entitlement allocated to charter schools must not exceed the product of
$3,374,000 times the ratio of the state total charter school enrollment for the
previous fiscal year to the state total charter school enrollment for the
second previous year fiscal year 2006 times the ratio of the formula
allowance for the current fiscal year to the formula allowance for fiscal year
2007. Additional basic alternative
teacher compensation aid may be approved for charter schools after August 1,
not to exceed the charter school limit for the following fiscal year, if the
basic alternative teacher compensation aid entitlement for school districts and
intermediate school districts based on applications approved by August 1
does not expend the remaining amount under the limit.
Sec. 4. Minnesota
Statutes 2004, section 123A.06, subdivision 2, is amended to read:
Subd. 2. People to be served. A center shall provide programs for secondary
pupils and adults. A center may also
provide programs and services for elementary and secondary pupils who are not
attending the center to assist them in being successful in school. A center shall use research-based best
practices for serving limited English proficient students and their
parents. An individual education plan
team may identify a center as an appropriate placement to the extent a center
can provide the student with the appropriate special education services
described in the student's plan. Pupils
eligible to be served are those age five to adults 22 and older who
qualify under the graduation incentives program in section 124D.68, subdivision
2, those enrolled under section 124D.02, subdivision 2, or those pupils
who are eligible to receive special education services under sections 125A.03
to 125A.24, and 125A.65.
Sec.
5. Minnesota Statutes 2005 Supplement,
section 123B.76, subdivision 3, is amended to read:
Subd. 3. Expenditures by building. (a) For the purposes of this section,
"building" means education site as defined in section 123B.04,
subdivision 1.
(b) Each district shall maintain separate accounts to identify
general fund expenditures for each building.
All expenditures for regular instruction, secondary vocational
instruction, and school administration must be reported to the department
separately for each building. All
expenditures for special education instruction, instructional support services,
and pupil support services provided within a specific building must be reported
to the department separately for each building.
Salary expenditures reported by building must reflect actual salaries
for staff at the building and must not be based on districtwide averages. All other general fund expenditures may be
reported by building or on a districtwide basis.
(c) The department must annually report information showing
school district general fund expenditures per pupil by program category for
each building and estimated school district general fund revenue generated by
pupils attending each building on its Web site.
For purposes of this report:
(1) expenditures not reported by building shall be allocated
among buildings on a uniform per pupil basis;
(2) basic skills revenue shall be allocated according to
section 126C.10, subdivision 4;
(3) secondary sparsity revenue and elementary sparsity
revenue shall be allocated according to section 126C.10, subdivisions 7 and 8;
(4) alternative teacher compensation revenue shall be
allocated according to section 122A.415, subdivision 1;
(5) other general education revenue shall be allocated on
a uniform per pupil unit basis;
(5) (6) first grade preparedness aid shall be
allocated according to section 124D.081;
(6) (7) state and federal special education aid and
Title I aid shall be allocated in proportion to district expenditures for these
programs by building; and
(7) (8) other general fund revenues shall be allocated
on a uniform per pupil basis, except that the department may allocate other
revenues attributable to specific buildings directly to those buildings.
Sec. 6. Minnesota
Statutes 2004, section 124D.02, subdivision 2, is amended to read:
Subd. 2. Secondary school programs. The board may permit a person who is over the
age of 21 or who has graduated from high school to enroll as a part-time
student in a class or program at a secondary school if there is space
available. In determining if there is space
available, full-time public school students, eligible for free
enrollment under section 120A.20, subdivision 1, and shared-time students
shall be given priority over students seeking enrollment pursuant to this
subdivision, and students returning to complete a regular course of study
shall be given priority over part-time other students seeking
enrollment pursuant to this subdivision.
The following are not prerequisites for enrollment:
(1) residency in the school district;
(2)
(3)
for a person over the age of 21, a high school diploma or equivalency
certificate. A person may enroll in a
class or program even if that person attends evening school, an adult or
continuing education, or a postsecondary educational program or institution.
Sec. 7. Minnesota
Statutes 2004, section 124D.02, subdivision 4, is amended to read:
Subd. 4. Part-time student fee. Notwithstanding the provisions of sections
120A.20 and 123B.37, a board may charge a part-time student enrolled
pursuant to subdivision 2 a reasonable fee for a class or program.
Sec. 8. Minnesota
Statutes 2005 Supplement, section 124D.68, subdivision 2, is amended to read:
Subd. 2. Eligible pupils. The following pupils are A pupil
under the age of 21 or who meets the requirements of section 120A.20,
subdivision 1, paragraph (c), is eligible to participate in the graduation
incentives program:
(a) any pupil under the age of 21 who, if the
pupil:
(1) performs substantially below the performance level for
pupils of the same age in a locally determined achievement test;
(2) is at least one year behind in satisfactorily completing
coursework or obtaining credits for graduation;
(3) is pregnant or is a parent;
(4) has been assessed as chemically dependent;
(5) has been excluded or expelled according to sections
121A.40 to 121A.56;
(6) has been referred by a school district for enrollment in
an eligible program or a program pursuant to section 124D.69;
(7) is a victim of physical or sexual abuse;
(8) has experienced mental health problems;
(9) has experienced homelessness sometime within six months
before requesting a transfer to an eligible program;
(10) speaks English as a second language or has limited
English proficiency; or
(11) has withdrawn from school or has been chronically truant;
or.
(b) any person who is at least 21 years of age and who:
(1) has received fewer than 14 years of public or nonpublic
education, beginning at age 5;
(2) has not completed the requirements for a high school
diploma; and
(3) at the time of application, (i) is eligible for
unemployment benefits or has exhausted the benefits, (ii) is eligible for, or
is receiving income maintenance and support services, as defined in section
116L.19, subdivision 5, or (iii) is eligible for services under the displaced
homemaker program or any programs under the federal Jobs Training Partnership
Act or its successor.
Sec.
9. Minnesota Statutes 2004, section
124D.68, subdivision 3, is amended to read:
Subd. 3. Eligible programs. (a) A pupil who is eligible according to
subdivision 2 may enroll in area learning centers under sections 123A.05 to
123A.08.
(b) A pupil who is eligible according to subdivision 2 and who
is between the ages of 16 and 21 may enroll in postsecondary courses under
section 124D.09.
(c) A pupil who is eligible under subdivision 2, may enroll in
any public elementary or secondary education program. However, a person who is eligible
according to subdivision 2, clause (b), may enroll only if the school board has
adopted a resolution approving the enrollment.
(d) A pupil who is eligible under subdivision 2, may enroll in
any nonpublic, nonsectarian school that has contracted with the serving school
district to provide educational services.
(e) A pupil who is between the ages of 16 and 21 may enroll in
any adult basic education programs approved under section 124D.52 and operated
under the community education program contained in section 124D.19.
Sec. 10. Minnesota
Statutes 2004, section 125A.65, subdivision 3, is amended to read:
Subd. 3. Educational program; tuition. (a) When it is determined pursuant to
section 125A.69, subdivision 1 or 2, that the child is entitled to attend
either school, the board of the Minnesota State Academies must provide the
appropriate educational program for the child.
(b) For fiscal year 2006, the board of the Minnesota
State Academies must make a tuition charge to the child's district of residence
for the cost of providing the program.
The amount of tuition charged must not exceed the sum of (1) the
general education revenue formula allowance times the pupil unit weighting
factor pursuant to section 126C.05 for that child, for the amount of time the
child is in the program, plus (2) if the child was enrolled at the Minnesota
State Academies on October 1 of the previous fiscal year, the compensatory
education revenue attributable to that child under section 126C.10, subdivision
3. The district of the child's
residence must pay the tuition and may claim general education aid for the
child. Tuition received by the board of
the Minnesota State Academies, except for tuition for compensatory education
revenue under this paragraph and tuition received under subdivision 4, must
be deposited in the state treasury as provided in subdivision 8.
(c) For fiscal year 2007 and later, the district of the
child's residence shall claim general education revenue for the child, except
as provided in this paragraph.
Notwithstanding section 127A.47, subdivision 1, an amount equal to the
general education revenue formula allowance times the pupil unit weighting
factor pursuant to section 126C.05 for that child for the amount of time the
child is in the program, as adjusted according to subdivision 8, paragraph (d),
must be paid to the Minnesota State Academies.
Notwithstanding section 126C.15, subdivision 2, paragraph (d), the
compensatory education revenue under section 126C.10, subdivision 3,
attributable to children enrolled at the Minnesota State Academies on October 1
of the previous fiscal year must be paid to the Minnesota State Academies. General education aid paid to the Minnesota
State Academies under this paragraph must be credited to their general
operation account. Other general
education aid attributable to the child must be paid to the district of the
child's residence.
Sec. 11. Minnesota
Statutes 2004, section 125A.65, subdivision 4, is amended to read:
Subd. 4. Unreimbursed costs. (a) For fiscal year 2006, in addition
to the tuition charge allowed in subdivision 3, the academies may charge the
child's district of residence for the academy's unreimbursed cost of providing
an instructional aide assigned to that child, after deducting the special
education aid under section 125A.76, attributable to the child, if that
aide is required by the child's individual education plan. Tuition received under this paragraph must be
used by the academies to provide the required service.
(b)
For fiscal year 2007 and later, the special education aid paid to the academies
shall be increased by the academy's unreimbursed cost of providing an
instructional aide assigned to a child, after deducting the special education
aid under section 125A.76 attributable to the child, if that aide is required
by the child's individual education plan.
Aid received under this paragraph must be used by the academies to
provide the required service.
(c) For fiscal year 2007 and later, the special education aid
paid to the district of the child's residence shall be reduced by the amount
paid to the academies for district residents under paragraph (b).
(d) Notwithstanding section 127A.45, subdivision 3, beginning
in fiscal year 2008, the commissioner shall make an estimated final adjustment
payment to the Minnesota State Academies for general education aid and special
education aid for the prior fiscal year by August 15.
Sec. 12. Minnesota
Statutes 2004, section 125A.65, subdivision 6, is amended to read:
Subd. 6. Tuition reduction. Notwithstanding the provisions of
subdivisions 3 and 5, the board of the Minnesota State Academies may agree to
make a tuition charge, or receive an aid adjustment, as applicable, for
less than the amount specified in subdivision 3 for pupils attending the
applicable school who are residents of the district where the institution is
located and who do not board at the institution, if that district agrees to
make a tuition charge to the board of the Minnesota State Academies for less
than the amount specified in subdivision 5 for providing appropriate
educational programs to pupils attending the applicable school.
Sec. 13. Minnesota
Statutes 2004, section 125A.65, subdivision 8, is amended to read:
Subd. 8. Student count; tuition. (a) On May 1, 1996, and each year thereafter,
the board of the Minnesota State Academies shall count the actual number of
Minnesota resident special education eligible students enrolled and receiving
education services at the Minnesota State Academy for the Deaf and the
Minnesota State Academy for the Blind.
(b) For fiscal year 2006, the board of the Minnesota
State Academies shall deposit in the state treasury an amount equal to all
tuition received for the basic revenue according to subdivision 3, less
the amount calculated in paragraph (b) (c).
(b) (c) For fiscal year 2006, the Minnesota State
Academies shall credit to their general operation account an amount equal
to the tuition received which represents tuition earned for the total number of
students over 175 based on:
(1) the total number of enrolled students on May 1 less 175;
times
(2) the ratio of the number of students in that grade
category to the total number of students on May 1; times
(3) the general education revenue formula allowance; times
(4) the pupil unit weighting factor pursuant to section
126C.05.
(d) For fiscal year 2007 and later, the Minnesota State
Academies shall report to the department the number of students by grade level
counted according to paragraph (a). The
amount paid to the Minnesota State Academies under subdivision 3, paragraph
(c), must be reduced by an amount equal to:
(1) the ratio of 175 to the total number of students on May
1; times
(2) the total basic revenue determined according to
subdivision 3, paragraph (c).
Sec.
14. Minnesota Statutes 2004, section
125A.65, subdivision 10, is amended to read:
Subd. 10. Annual appropriation. There is annually appropriated to the
department for the Minnesota State Academies the tuition or aid payment amounts
received and credited to the general operation account of the academies under
this section. A balance in an
appropriation under this paragraph does not cancel but is available in
successive fiscal years.
Sec. 15. Minnesota
Statutes 2004, section 125A.69, subdivision 3, is amended to read:
Subd. 3. Out-of-state admissions. An applicant from another state who can
benefit from attending either academy may be admitted to the academy if the
admission does not prevent an eligible general special revenue fund and credited to the
general operating account of the academies.
The money is appropriated to the academies.
EFFECTIVE
DATE. This section is
effective retroactively from fiscal year 2001.
Sec. 16. Minnesota
Statutes 2004, section 126C.05, subdivision 1, is amended to read:
Subdivision 1. Pupil unit. Pupil units for each Minnesota resident pupil
under the age of 21 or who meets the requirements of section 120A.20,
subdivision 1, paragraph (c), in average daily membership enrolled in the
district of residence, in another district under sections 123A.05 to 123A.08,
124D.03, 124D.06, 124D.07, 124D.08, or 124D.68; in a charter school under
section 124D.10; or for whom the resident district pays tuition under section
123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4,
124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted
according to this subdivision.
(a) A prekindergarten pupil with a disability who is enrolled
in a program approved by the commissioner and has an individual education plan
is counted as the ratio of the number of hours of assessment and education
service to 825 times 1.25 with a minimum average daily membership of 0.28, but
not more than 1.25 pupil units.
(b) A prekindergarten pupil who is assessed but determined
not to be handicapped is counted as the ratio of the number of hours of
assessment service to 825 times 1.25.
(c) A kindergarten pupil with a disability who is enrolled in
a program approved by the commissioner is counted as the ratio of the number of
hours of assessment and education services required in the fiscal year by the
pupil's individual education program plan to 875, but not more than one.
(d) A kindergarten pupil who is not included in paragraph (c)
is counted as .557 of a pupil unit for fiscal year 2000 and thereafter.
(e) A pupil who is in any of grades 1 to 3 is counted as
1.115 pupil units for fiscal year 2000 and thereafter.
(f) A pupil who is any of grades 4 to 6 is counted as 1.06
pupil units for fiscal year 1995 and thereafter.
(g) A pupil who is in any of grades 7 to 12 is counted as 1.3
pupil units.
(h) A pupil who is in the postsecondary enrollment options
program is counted as 1.3 pupil units.
Sec.
17. Minnesota Statutes 2004, section
126C.10, subdivision 6, is amended to read:
Subd. 6. Definitions. The definitions in this subdivision apply
only to subdivisions 7 and 8.
(a) "High school" means a public secondary
school, except a charter school under section 124D.10, that has pupils
enrolled in at least the 10th, 11th, and 12th grades. If there is no secondary high
school in the district that has pupils enrolled in at least the 10th, 11th,
and 12th grades, and the school is at least 19 miles from the next nearest
school, the commissioner must designate one school in the district as a high
school for the purposes of this section.
(b) "Secondary average daily membership" means, for
a district that has only one high school, the average daily membership of
pupils served in grades 7 through 12.
For a district that has more than one high school, "secondary
average daily membership" for each high school means the product of the
average daily membership of pupils served in grades 7 through 12 in the high
school, times the ratio of six to the number of grades in the high school.
(c) "Attendance area" means the total surface area
of the district, in square miles, divided by the number of high schools in the
district. For a district that does not
operate a high school and is less than 19 miles from the nearest operating high
school, the attendance area equals zero.
(d) "Isolation index" for a high school means the
square root of 55 percent of the attendance area plus the distance in miles,
according to the usually traveled routes, between the high school and the
nearest high school. For a district in
which there is located land defined in section 84A.01, 84A.20, or 84A.31, the
distance in miles is the sum of:
(1) the square root of one-half of the attendance area; and
(2) the distance from the border of the district to the
nearest high school.
(e) "Qualifying high school" means a high school
that has an isolation index greater than 23 and that has secondary average
daily membership of less than 400.
(f) "Qualifying elementary school" means an
a public elementary school, except a charter school under section
124D.10, that is located 19 miles or more from the nearest elementary
school or from the nearest elementary school within the district and, in either
case, has an elementary average daily membership of an average of 20 or fewer
per grade.
(g) "Elementary average daily membership" means,
for a district that has only one elementary school, the average daily
membership of pupils served in kindergarten through grade 6. For a district that has more than one
elementary school, "average daily membership" for each school means
the average daily membership of pupils served in kindergarten through grade 6
multiplied by the ratio of seven to the number of grades in the elementary
school.
Sec. 18. Minnesota
Statutes 2005 Supplement, section 126C.10, subdivision 34, is amended to read:
Subd. 34. Basic alternative teacher compensation aid. (a) For fiscal year 2006, the basic
alternative teacher compensation aid for a school district or an intermediate
school district with a plan approved under section 122A.414, subdivision 2b,
equals the alternative teacher compensation revenue under section 122A.415,
subdivision 1. The basic alternative
teacher compensation aid for a charter school with an approved plan under
section 122A.414, subdivision 2b, equals $260 times the number of pupils
enrolled in the school on October 1 of the previous school year, or on October
1 of the current fiscal year for a charter school in the first year of
operation.
(b)
For fiscal year 2007 and later, the basic alternative teacher
compensation aid for a school district with a plan approved under section
122A.414, subdivision 2b, equals 73.1 percent of the alternative teacher
compensation revenue under section 122A.415, subdivision 1. The basic alternative teacher compensation
aid for an intermediate school district or charter school with a plan approved
under section 122A.414, subdivisions 2a and 2b, if the recipient is a charter
school, equals $260 times the number of pupils enrolled in the school on
October 1 of the previous fiscal year, or on October 1 of the current fiscal
year for a charter school in the first year of operation, times the ratio of
the sum of the alternative teacher compensation aid and alternative teacher
compensation levy for all participating school districts to the maximum
alternative teacher compensation revenue for those districts under section
122A.415, subdivision 1.
(c) For fiscal year 2008 and later, the basic alternative
teacher compensation aid for a school district with a plan approved under
section 122A.414, subdivision 2b, equals the alternative teacher compensation
revenue under section 122A.415, subdivision 1, minus $70 times the number of
pupils enrolled at participating sites on October 1 of the previous fiscal
year. The basic alternative teacher
compensation aid for an intermediate school district or charter school with a
plan approved under section 122A.414, subdivisions 2a and 2b, if the recipient
is a charter school, equals $260 times the ratio of the formula allowance for the
current fiscal year to the formula allowance for fiscal year 2007 times the
number of pupils enrolled in the school on October 1 of the previous fiscal
year, or on October 1 of the current fiscal year for a charter school in the
first year of operation, times the ratio of the sum of the alternative teacher
compensation aid and alternative teacher compensation levy for all
participating school districts to the maximum alternative teacher compensation
revenue for those districts under section 122A.415, subdivision 1.
(d) Notwithstanding paragraphs (a) and, (b),
and (c) and section 122A.415, subdivision 1, the state total basic
alternative teacher compensation aid entitlement must not exceed $19,329,000
for fiscal year 2006 and, $75,636,000 for fiscal year 2007 and
later, and for fiscal year 2008 and later, $75,636,000 times the ratio
of the formula allowance for the current fiscal year to the formula allowance
for fiscal year 2007. The
commissioner must limit the amount of alternative teacher compensation aid
approved under section sections 122A.415 and 122A.416 so
as not to exceed these limits.
Sec. 19. Minnesota
Statutes 2005 Supplement, section 126C.43, subdivision 2, is amended to read:
Subd. 2. Payment to unemployment insurance program
trust fund by state and political subdivisions. (a) A district may levy the amount
necessary (i) (1) to pay the district's obligations under section
268.052, subdivision 1, and (ii) (2) to pay for job placement
services offered to employees who may become eligible for benefits pursuant to
section 268.085 for the fiscal year the levy is certified.
(b) Districts with a balance remaining in their reserve for
reemployment as of June 30, 2003, may not expend the reserved funds for future
reemployment expenditures. Each year a
levy reduction must be made to return these funds to taxpayers. The amount of the levy reduction must be
equal to the lesser of: (1) the remaining reserved balance for reemployment, or
(2) the amount of the district's current levy under paragraph (a).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. Minnesota
Statutes 2004, section 126C.44, is amended to read:
126C.44 SAFE SCHOOLS LEVY.
Each district may make a levy on all taxable property located
within the district for the purposes specified in this section. The maximum amount which may be levied for
all costs under this section shall be equal to $27 multiplied by the district's
adjusted marginal cost pupil units for the school year. The proceeds of the levy must be reserved
and used for directly funding the following purposes or for reimbursing the
cities and counties who contract with the district for the following purposes:
(1) to pay the costs incurred for the salaries, benefits, and transportation costs
of peace
officers and sheriffs for liaison in services in the district's schools; (2) to
pay the costs for a drug abuse prevention program as defined in section
609.101, subdivision 3, paragraph (e), in the elementary schools; (3) to pay
the costs for a gang resistance education training curriculum in the district's
schools; (4) to pay the costs for security in the district's schools and on
school property; or (5) to pay the costs for other crime prevention, drug
abuse, student and staff safety, and violence prevention measures taken by the
school district. For expenditures
under clause (1), the district must initially attempt to contract for
services to be provided by peace officers or sheriffs with the police
department of each city or the sheriff's department of the county within the
district containing the school receiving the services. If a local police department or a county
sheriff's department does not wish to provide the necessary services, the
district may contract for these services with any other police or sheriff's
department located entirely or partially within the school district's
boundaries. The levy authorized under
this section is not included in determining the school district's levy
limitations.
EFFECTIVE
DATE. This section is effective
for revenue for fiscal year 2006.
Sec. 21. Minnesota
Statutes 2005 Supplement, section 127A.45, subdivision 10, is amended to read:
Subd. 10. Payments to school nonoperating funds. Each fiscal year state general fund payments
for a district nonoperating fund must be made at the current year aid payment
percentage of the estimated entitlement during the fiscal year of the
entitlement. This amount shall be paid
in 12 equal monthly installments. The
amount of the actual entitlement, after adjustment for actual data, minus the
payments made during the fiscal year of the entitlement must be paid prior to
October 31 of the following school year.
The commissioner may make advance payments of debt service equalization
aid and state-paid tax credits for a district's debt service fund
earlier than would occur under the preceding schedule if the district submits
evidence showing a serious cash flow problem in the fund. The commissioner may make earlier payments during
the year and, if necessary, increase the percent of the entitlement paid to
reduce the cash flow problem.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 22. REPEALER.
Minnesota Statutes 2004, section 120A.20, subdivision 3, is
repealed.
ARTICLE 2
EDUCATION EXCELLENCE
Section 1. Minnesota
Statutes 2004, section 120A.22, subdivision 3, is amended to read:
Subd. 3. Parent defined; residency determined. (a) In this section and sections 120A.24 and
120A.26, "parent" means a parent, guardian, or other person having
legal custody of a child.
(b) In sections 125A.03 to 125A.24 and 125A.65,
"parent" means a parent, guardian, or other person having legal
custody of a child under age 18. For an
unmarried pupil age 18 or over, "parent" means the pupil unless a
guardian or conservator has been appointed, in which case it means the guardian
or conservator.
(c) For purposes of sections 125A.03 to 125A.24 and 125A.65,
the school district of residence for an unmarried pupil age 18 or over who is a
parent under paragraph (b) and who is placed in a center for care and
treatment, shall be the school district in which the pupil's biological or
adoptive parent or designated guardian resides.
(d) For a married pupil age 18 or over, the school district
of residence is the school district in which the married pupil resides.
(e)
If a district suspects that a student does not meet the residency requirements
of the school district in which the student is attending school, the student
may be removed from the school only after the district sends the student's
parents written notice of the district's suspicion, including the facts upon
which the suspicion is based, and an opportunity to provide documentary
evidence of residency in person to the superintendent or designee, or, at the
option of the parents, by sending the documentary evidence to the
superintendent or a designee, who will then make a determination as to the
residency status of the student.
Sec. 2. Minnesota
Statutes 2004, section 120B.023, is amended to read:
120B.023 BENCHMARKS.
Subdivision 1.
Benchmarks implement,
supplement statewide academic standards. (a) The commissioner must supplement required
state academic standards with grade-level benchmarks. High school benchmarks may cover more than one
grade. The benchmarks must implement
statewide academic standards by specifying the academic knowledge and skills
that schools must offer and students must achieve to satisfactorily complete a
state standard. The commissioner must
publish benchmarks are published to inform and guide parents,
teachers, school districts, and other interested persons and for to
use in developing tests consistent with the benchmarks.
(b) The commissioner shall publish benchmarks in the State
Register and transmit the benchmarks in any other manner that makes them
accessible to the general public. The
commissioner may charge a reasonable fee for publications.
(c) Once established, the commissioner may change the
benchmarks only with specific legislative authorization and after completing a
review under paragraph (d) subdivision 2.
(d) The commissioner must develop and implement a system for
reviewing on a four-year cycle each of the required academic standards
and related benchmarks and elective standards beginning in the 2006-2007
school year on a periodic cycle, consistent with subdivision 2.
(e) The benchmarks are not subject to chapter 14 and section
14.386 does not apply.
Subd. 2. Revisions and reviews required. (a) The commissioner of education must
revise and appropriately embed technology design and information literacy
standards into the state's academic standards and graduation requirements and
implement a six-year review cycle for state academic standards and related
benchmarks, consistent with this subdivision.
During each review cycle, the commissioner also must examine the
alignment of each required academic standard and related benchmark with the
knowledge and skills students need for college readiness and advanced work in
the particular subject area.
(b) The commissioner in the 2006-2007 school year must revise
and align the state's academic standards and high school graduation
requirements in mathematics to require that students satisfactorily complete
the revised mathematics standards, beginning in the 2010-2011 school year. Under the revised standards:
(1) students must satisfactorily complete an algebra I credit
by the end of eighth grade; and
(2) students scheduled to graduate in the 2014-2015 school
year or later must satisfactorily complete an algebra II credit or its
equivalent.
The
commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 beginning in the
2010-2011 school year are aligned with the state academic standards in mathematics. The statewide 11th grade math test
administered to students under clause (2) beginning in the 2013-2014 school
year must include algebra II test items that are aligned with corresponding
state academic standards in mathematics.
The commissioner must implement a six-year review cycle for the academic
standards and related benchmarks in mathematics beginning in the 2015-2016
school year.
(c)
The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to
require that students satisfactorily complete the revised arts standards
beginning in the 2010-2011 school year.
The commissioner must implement a six-year review cycle for the academic
standards and related benchmarks in arts beginning in the 2016-2017 school
year.
(d) The commissioner in the 2008-2009 school year must revise
and align the state's academic standards and high school graduation
requirements in science to require that students satisfactorily complete the
revised science standards, beginning in the 2011-2012 school year. Under the revised standards, students
scheduled to graduate in the 2014-2015 school year or later must satisfactorily
complete a chemistry or physics credit.
The commissioner must implement a six-year review cycle for the academic
standards and related benchmarks in science beginning in the 2017-2018 school
year.
(e) The commissioner in the 2009-2010 school year must revise
and align the state's academic standards and high school graduation
requirements in language arts to require that students satisfactorily complete
the revised language arts standards beginning in the 2012-2013 school
year. The commissioner must implement a
six-year review cycle for the academic standards and related benchmarks in
language arts beginning in the 2018-2019 school year.
(f) The commissioner in the 2010-2011 school year must revise
and align the state's academic standards and high school graduation
requirements in social studies to require that students satisfactorily complete
the revised social studies standards beginning in the 2013-2014 school
year. The commissioner must implement a
six-year review cycle for the academic standards and related benchmarks in
social studies beginning in the 2019-2020 school year.
(g) School districts and charter schools must revise and align
local academic standards and high school graduation requirements in health,
physical education, world languages, and career and technical education to
require students to complete the revised standards beginning in a school year
determined by the school district or charter school. School districts and charter schools must
formally establish a periodic review cycle for the academic standards and
related benchmarks in health, physical education, world languages, and career
and technical education.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota
Statutes 2004, section 120B.024, is amended to read:
120B.024 GRADUATION REQUIREMENTS;
COURSE CREDITS; STUDENT TRANSFERS.
(a) Students beginning 9th grade in the 2004-2005 school
year and later must successfully complete the following high school level
course credits for graduation:
(1) four credits of language arts;
(2) three credits of mathematics, encompassing at least
algebra, geometry, statistics, and probability sufficient to satisfy the
academic standard and beginning in the 2010-2011 school year for students
scheduled to graduate in the 2014-2015 school year or later, one algebra II
credit or its equivalent;
(3) three credits of science, including at least one credit in
biology and for the 2011-2012 school year and later, one credit in chemistry
or physics;
(4) three and one-half credits of social studies, encompassing
at least United States history, geography, government and citizenship, world
history, and economics or three credits of social studies encompassing at least
United States history, geography, government and citizenship, and world
history, and one-half credit of economics taught in a school's social studies,
agriculture education, or business department;
(5)
one credit in the arts; and
(6) a minimum of seven elective course credits.
A course credit is equivalent to a student successfully
completing an academic year of study or a student mastering the applicable
subject matter, as determined by the local school district.
(b) An agriculture science course may fulfill a science
credit requirement in addition to the specified science credits in biology and
chemistry or physics under paragraph (a), clause (3).
(c) A district, area learning center, and charter school must
establish processes by which to transfer as completed:
(1) those course credit requirements that other school sites
within the district or other public schools verify on transcripts as completed;
and
(2) the work that educational institutions outside the state
accept for completing the equivalent of course credit requirements and verify
on transcripts as completed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota
Statutes 2005 Supplement, section 120B.131, subdivision 2, is amended to read:
Subd. 2. Reimbursement for examination fees. The state may reimburse college-level
examination program (CLEP) fees for a Minnesota public high school student who
has successfully completed one or more college-level courses in high school and
earned a satisfactory score on one or more CLEP examinations in the
following subjects: composition and literature, mathematics and science, social
sciences and history, foreign languages, and business and humanities. The state may reimburse each successful
student for up to six examination fees.
The commissioner shall establish application procedures and a process
and schedule for fee reimbursements. The
commissioner must give priority to reimburse the CLEP examination fees of
students of low-income families.
Sec. 5. Minnesota
Statutes 2004, section 120B.36, subdivision 1, is amended to read:
Subdivision 1. School performance report cards. (a) The commissioner shall use objective
criteria based on levels of student performance to identify four to six
designations applicable to high and low performing public schools. The objective criteria shall include at least
student academic performance, school safety, and staff characteristics, with a
value-added growth component added by the 2006-2007 school year.
(b) The commissioner shall develop, annually update, and post
on the department Web site school performance report cards. A school's designation must be clearly stated
on each school performance report card. The
performance report cards must indicate both the cut scores and the
corresponding percentages of items students must answer correctly at each set
performance level adopted for the statewide tests the commissioner uses to
determine school designations under this section.
(c) The commissioner must make available the first school
designations and school performance report cards by November 2003, and during
the beginning of each school year thereafter.
(d) A school or district may appeal in writing a designation
under this section to the commissioner within 30 days of receiving the
designation. The commissioner's decision
to uphold or deny an appeal is final.
(e)
School performance report cards are nonpublic data under section 13.02,
subdivision 9, until not later than ten days after the appeal procedure
described in paragraph (d) concludes.
The department shall annually post school performance report cards to its
public Web site no later than September 1.
EFFECTIVE
DATE. This section is
effective for the 2006-2007 school year.
Sec. 6. Minnesota
Statutes 2004, section 121A.035, is amended to read:
121A.035 CRISIS MANAGEMENT
POLICY.
Subdivision 1. Model policy. By December 1, 1999, The commissioner
shall maintain and make available to school boards and charter schools a
model crisis management policy that includes, among other items, school
lock-down and tornado drills, consistent with subdivision 2, and school fire
drills under section 299F.30.
Subd. 2. School district and charter school policy. By July 1, 2000, A school board and
a charter school must adopt a district crisis management policy to
address potential violent crisis situations in the district or charter
school. The policy must be developed
in consultation cooperatively with administrators, teachers,
employees, students, parents, community members, law enforcement agencies, other
emergency management officials, county attorney offices, social service
agencies, emergency medical responders, and any other appropriate
individuals or organizations. The
policy must include at least five school lock-down drills, five school fire
drills consistent with section 299F.30, and one tornado drill.
EFFECTIVE
DATE. This section is
effective for the 2006-2007 school year and later.
Sec. 7. [121A.037] SCHOOL SAFETY DRILLS.
Private schools and educational institutions not subject to
section 121A.035 must have at least five school lock-down drills, five school
fire drills consistent with section 299F.30, and one tornado drill.
EFFECTIVE
DATE. This section is
effective for the 2006-2007 school year.
Sec. 8. Minnesota
Statutes 2005 Supplement, section 124D.095, subdivision 4, is amended to read:
Subd. 4. Online learning parameters. (a) An online learning student must receive
academic credit for completing the requirements of an online learning course or
program. Secondary credits granted to an
online learning student must be counted toward the graduation and credit
requirements of the enrolling district.
The enrolling district must apply the same graduation requirements to
all students, including online learning students, and must continue to provide
nonacademic services to online learning students. If a student completes an online learning
course or program that meets or exceeds a graduation standard or grade
progression requirement at the enrolling district, that standard or requirement
is met. The enrolling district must use
the same criteria for accepting online learning credits or courses as it does
for accepting credits or courses for transfer students under section 124D.03,
subdivision 9. The enrolling district
may reduce the teacher contact time of an online learning student in proportion
to the number of online learning courses the student takes from an online
learning provider that is not the enrolling district.
(b) An online learning student may:
(1) enroll during a single school year in a maximum of 12
semester-long courses or their equivalent delivered by an online learning
provider or the enrolling district;
(2) complete course work at a grade level that is different
from the student's current grade level; and
(3)
enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.
(c) A student with a disability may enroll in an online
learning course or program if the student's IEP team determines that online
learning is appropriate education for the student.
(d) (c) An online learning student has the same
access to the computer hardware and education software available in a school as
all other students in the enrolling district.
An online learning provider must assist an online learning student whose
family qualifies for the education tax credit under section 290.0674 to acquire
computer hardware and educational software for online learning purposes.
(e) (d) An enrolling district may offer online
learning to its enrolled students. Such
online learning does not generate online learning funds under this
section. An enrolling district that
offers online learning only to its enrolled students is not subject to the
reporting requirements or review criteria under subdivision 7. A teacher with a Minnesota license must
assemble and deliver instruction to enrolled students receiving online learning
from an enrolling district. The delivery
of instruction occurs when the student interacts with the computer or the
teacher and receives ongoing assistance and assessment of learning. The instruction may include curriculum
developed by persons other than a teacher with a Minnesota license.
(f) (e) An online learning provider that is not
the enrolling district is subject to the reporting requirements and review
criteria under subdivision 7. A teacher
with a Minnesota license must assemble and deliver instruction to online
learning students. The delivery of
instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include curriculum
developed by persons other than a teacher with a Minnesota license. Unless the commissioner grants a waiver, a
teacher providing online learning instruction must not instruct more than 40
students in any one online learning course or program.
Sec. 9. Minnesota
Statutes 2004, section 124D.10, subdivision 16, is amended to read:
Subd. 16. Transportation. (a) By July 1 of each year, a charter
school A charter school by March 1 of each fiscal year after its first
fiscal year of operation and a charter school by July 1 of its first fiscal
year of operation must notify the district in which the school is located
and the Department of Education if it will provide transportation for pupils
enrolled in the school its own transportation or use the transportation
services of the district in which it is located for the fiscal year.
(b) If a charter school elects to provide transportation for
pupils, the transportation must be provided by the charter school within the
district in which the charter school is located. The state must pay transportation aid to the
charter school according to section 124D.11, subdivision 2.
For pupils who reside outside the district in which the
charter school is located, the charter school is not required to provide or pay
for transportation between the pupil's residence and the border of the district
in which the charter school is located.
A parent may be reimbursed by the charter school for costs of transportation
from the pupil's residence to the border of the district in which the charter
school is located if the pupil is from a family whose income is at or below the
poverty level, as determined by the federal government. The reimbursement may not exceed the pupil's
actual cost of transportation or 15 cents per mile traveled, whichever is
less. Reimbursement may not be paid for
more than 250 miles per week.
At the time a pupil enrolls in a charter school, the charter
school must provide the parent or guardian with information regarding the
transportation.
(c)
If a charter school does not elect to provide transportation, transportation
for pupils enrolled at the school must be provided by the district in which the
school is located, according to sections 123B.88, subdivision 6, and 124D.03,
subdivision 8, for a pupil residing in the same district in which the charter
school is located. Transportation may be
provided by the district in which the school is located, according to sections
123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in a
different district. If the district
provides the transportation, the scheduling of routes, manner and method of
transportation, control and discipline of the pupils, and any other matter
relating to the transportation of pupils under this paragraph shall be within
the sole discretion, control, and management of the district.
Sec. 10. Minnesota
Statutes 2004, section 124D.61, is amended to read:
124D.61 GENERAL REQUIREMENTS
FOR PROGRAMS.
A district which receives aid pursuant to section 124D.65
must comply with that enrolls one or more children of limited English
proficiency must implement an educational program that includes at a minimum
the following program requirements:
(1) identification and reclassification criteria for
children of limited English proficiency and program entrance and exit criteria
for children with limited English proficiency must be documented by the
district, applied uniformly to children of limited English proficiency, and
made available to parents and other stakeholders upon request;
(2) a written plan of services that describes programming by
English proficiency level made available to parents upon request. The plan must articulate the amount and scope
of service offered to children of limited English proficiency through an
educational program for children of limited English proficiency;
(3) professional development opportunities for ESL, bilingual
education, mainstream, and all staff working with children of limited English
proficiency which are: (i) coordinated with the district's professional
development activities; (ii) related to the needs of children of limited
English proficiency; and (iii) ongoing;
(4) to the extent possible, the district must avoid
isolating children of limited English proficiency for a substantial part of the
school day; and
(2) (5) in predominantly nonverbal
subjects, such as art, music, and physical education, permit pupils of
limited English proficiency shall be permitted to participate fully and
on an equal basis with their contemporaries in public school classes provided
for these subjects. To the extent
possible, the district must assure to pupils enrolled in a program for limited
English proficient students an equal and meaningful opportunity to participate
fully with other pupils in all extracurricular activities.
Sec. 11. Minnesota
Statutes 2004, section 299F.30, is amended to read:
299F.30 FIRE DRILL IN SCHOOL;
DOORS AND EXITS.
Subdivision 1. Duties of fire marshal. Consistent with sections 121A.035,
121A.037, and this section, it shall be the duty of the state fire marshal,
deputies and assistants, to require public and private schools and educational
institutions to have at least nine five fire drills each school
year and to keep all doors and exits unlocked from the inside of the building
during school hours.
Subd. 2. Fire drill. Each superintendent, principal or other
person in charge of a public or private school, educational institution,
children's home or orphanage housing 20 or more students or other persons,
shall instruct and train such students or other persons to quickly and
expeditiously quit the premises in case of fire or other emergency by means of
drills or rapid dismissals at least once each month while such school,
institution, home or orphanage is in operation.
Records of such drills shall be posted so that such records are
available for review by the state fire marshal at all times and shall include
the drill date and the time required to evacuate the building.
Subd.
3. School
doors and exits. Consistent with
section 121A.035 and this section, each superintendent, principal or other
person in charge of a public or private school, educational institution,
children's home or orphanage shall keep all doors and exits of such school,
institution, home or orphanage unlocked so that persons can leave by such doors
or exits at any time during the hours of normal operation.
EFFECTIVE
DATE. This section is
effective for the 2006-2007 school year.
Sec. 12. Laws 2005,
First Special Session chapter 5, article 1, section 47, is amended to read:
Sec. 47. ALTERNATIVE TEACHER COMPENSATION REVENUE
GUARANTEE.
Notwithstanding Minnesota Statutes, sections 122A.415,
subdivision 1, and 126C.10, subdivision 34, paragraphs (a) and (b), a school
district that received alternative teacher compensation aid for fiscal year
2005, but does not qualify for alternative teacher compensation revenue for all
sites in the district for fiscal year 2006 or, 2007, 2008, or
2009, shall receive additional basic alternative teacher compensation aid
for that fiscal year equal to the lesser of the amount of alternative teacher
compensation aid it received for fiscal year 2005 or the amount it would have
received for that fiscal year under Minnesota Statutes 2004, section 122A.415,
subdivision 1, for teachers at sites not qualifying for alternative teacher
compensation revenue for that fiscal year, if the district submits a timely
application and the commissioner determines that the district continues to
implement an alternative teacher compensation system, consistent with its
application under Minnesota Statutes 2004, section 122A.415, for fiscal year
2005. The additional basic alternative
teacher compensation aid under this section must not be used in calculating the
alternative teacher compensation levy under Minnesota Statutes, section
126C.10, subdivision 35. This section
applies only to fiscal years 2006 and 2007 through 2009 and does
not apply to later fiscal years.
Sec. 13. Laws 2005, First Special Session chapter 5,
article 2, section 84, subdivision 13, is amended to read:
Subd. 13. Examination
fees; teacher training and support programs. (a) For students' advanced
placement and international baccalaureate examination fees under Minnesota
Statutes, section 120B.13, subdivision 3, and the training and related costs
for teachers and other interested educators under Minnesota Statutes, section
120B.13, subdivision 1:
$4,500,000 . . . . . 2006
$4,500,000 . . . . . 2007
(b) The advanced placement program
shall receive 75 percent of the appropriation each year and the international
baccalaureate program shall receive 25 percent of the appropriation each
year. The department, in consultation
with representatives of the advanced placement and international baccalaureate
programs selected by the Advanced Placement Advisory Council and IBMN,
respectively, shall determine the amounts of the expenditures each year for
examination fees and training and support programs for each program.
(c) Notwithstanding Minnesota
Statutes, section 120B.13, subdivision 1, at least $500,000 each year is for
teachers to attend subject matter summer training programs and follow-up
support workshops approved by the advanced placement or international
baccalaureate programs. The amount of
the subsidy for each teacher attending an advanced placement or international
baccalaureate summer training program or workshop shall be the same. The commissioner shall determine the payment
process and the amount of the subsidy. Teachers
shall apply for teacher training scholarships to prepare for teaching in the
advanced placement or international baccalaureate program. Any reserved funding not expended for teacher
training may be used for exam fees and other support programs for each program.
(d)
The commissioner shall pay all examination fees for all students of low-income
families under Minnesota Statutes, section 120B.13, subdivision 3, and to the
extent of available appropriations shall also pay examination fees for students
sitting for an advanced placement examination, international baccalaureate
examination, or both.
Any balance in the first year does
not cancel but is available in the second year.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 14. ADVISORY
TASK FORCE ON SCHOOL AND STAFF EMERGENCY/ALL HAZARD PREPAREDNESS.
(a) An advisory task force on
school and staff emergency/all hazard preparedness is established to consider
and recommend to the legislature proposals for strengthening kindergarten
through grade 12 crisis management and school safety efforts including, at
least, whether or not to:
(1) develop specific K-12 teacher
and school administrator competencies related to emergency/all hazard preparedness;
(2) provide emergency/all hazard
preparedness training to currently licensed K-12 teachers and school
administrators;
(3) incorporate emergency/all
hazard preparedness competencies into existing teacher and school administrator
preparation curriculum;
(4) identify key emergency/all
hazard preparedness competencies appropriate to teacher and school
administrator preparation curriculum and ongoing teacher and school
administrator training; and
(5) expect federal funds to
supplement state emergency/all hazard preparedness initiatives.
(b) The commissioner of education
shall appoint an advisory task force on school and staff emergency/all hazard
preparedness that is composed of a representative from each of the following
entities: the state Board of Teaching; the state Board of School
Administrators; the state fire marshal; law enforcement agencies; emergency
responders; school principals; school counselors; nonlicensed school employees;
the Minnesota School Boards Association; Education Minnesota; the Minnesota
Department of Education; the Minnesota Department of Health; the Minnesota
Department of Public Safety; Minnesota State Colleges and Universities;
Minnesota Association of School Administrators; and others recommended by task
force members. Task force members' terms
and other task force matters are subject to Minnesota Statutes, section
15.059. The commissioner may not
compensate or reimburse task force members for task force activities. The task force must submit by February 15,
2007, to the education policy and finance committees of the legislature a
written report that includes recommendations on strengthening K-12 crisis
management and school safety efforts.
(c) The task force expires February
16, 2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 15. 2006
SCHOOL ACCOUNTABILITY REPORT.
Notwithstanding Minnesota Statutes,
section 120B.36, for 2006 reporting only, the Department of Education may delay
the release to the public and the posting of the 2006 school performance report
cards and adequate yearly progress data on its public Web site to no later than
November 30, 2006.
Sec.
16. ADVISORY
TASK FORCE ON OPTIONS FOR ACCELERATED K-12 TECHNOLOGY, SCIENCE, AND MATHEMATICS
PROGRAMS THROUGHOUT MINNESOTA.
(a) An advisory task force on
options for accelerated kindergarten through grade 12 technology, science, and
mathematics programs throughout Minnesota is established to consider and
recommend to the legislature alternatives for delivering accelerated
technology, science, and mathematics programs to eligible students throughout
Minnesota that include creating an academic center. Recommended programs must provide accelerated
technology, science, and mathematics instruction to eligible students in grades
6 through 12 and be cost effective and efficiently implemented and
operated. Other recommended programs may
offer accelerated technology, science, and mathematics instruction to other
eligible elementary grade students, provide out-of-school and summer school
K-12 technology, science, and mathematics instruction throughout the state,
provide professional development for K-12 teachers in technology, science and
mathematics curriculum and instruction, and develop technology, science and
mathematics curriculum.
(b) The advisory task force at
least must:
(1) evaluate and compare at least
five alternatives for delivering accelerated technology, science, and
mathematics programs to Minnesota students that include creating an academic
center that may be patterned after the Perpich Center for Arts Education under
Minnesota Statutes, chapter 129C, and may include online learning, satellite
technology, science, and mathematics centers, and a consortium of available
accelerated technology, science, and mathematics or accelerated education
programs, among other alternatives, and evaluate how such programs may be
integrated into the academic center;
(2) identify and evaluate possible
members for a science, mathematics, engineering, and technology leadership consortium
composed of representatives of corporations, organizations, educational
institutions, and research facilities to help implement accelerated K-12
technology, science, and mathematics programs in Minnesota that include
creating an academic center;
(3) evaluate and compare at least
three alternatives for preparing and assisting educational leaders who are
literate in technology, science, and mathematics to help implement accelerated
K-12 technology, science, and mathematics programs in Minnesota that include
creating an academic center and may include gifted education and accelerated
technology, science, and mathematics teacher training programs, and evaluate
how such programs may be integrated into the academic center; and
(4) identify and evaluate
postsecondary career and technical education programs offering or requiring
accelerated technology, science, and mathematics instruction.
(c) The commissioner of education
shall appoint a 17-member advisory task force on options for accelerated K‑12
technology, science, and mathematics programs throughout Minnesota that
represents the following representatives: a gifted education coordinator, an
educator holding a gifted education certificate or an instructor in a graduate
level gifted education program; a currently licensed or retired high school
physical science teacher; a currently licensed or retired high school
mathematics teacher; a faculty member providing instruction under the Minnesota
postsecondary enrollment options program or an educator providing instruction
under the college in the schools program; a faculty member or educator
providing instruction in the Minnesota talented youth mathematics program; a
University of Minnesota mathematics or engineering professor; a University of
Minnesota physical science professor; a manager or director in a high
technology field, corporation, organization, or facility; a manager or director
in a medical field or profession; a manager or director in a research-based
field, corporation, organization, or facility; one or more parents of high
school students gifted in technology, mathematics, or science; a physical
science teacher and a biology teacher, one of whom is licensed to teach middle
level students and one of whom is licensed to teach high school level students;
a high school career and technical instructor; a faculty member in a
postsecondary institution offering technical two-year degrees who provides
career and technical instruction; a manager
or director in a technology, mathematics, or science industry who employs
persons with associate degrees in a technical field; a manager or director in
the biosciences industry; and two at-large members. In appointing members, the commissioner must
attempt to ensure geographic balance.
Task force members must actively seek the participation of gifted and
talented students to advise the task force throughout its existence on any
recommendations the task force proposes to submit to the legislature and on any
other recommendations related to this section.
Task force members may not receive compensation and may not be
reimbursed for expenses related to serving on the task force. The task force may receive, for the benefit
of the task force, bequests, donations, or gifts for any proper purpose and
apply the bequests, donations, or gifts to the purpose designated. Notwithstanding any other law to the
contrary, the task force may conduct meetings of its members by telephone or
other electronic means where all members can hear one another and all the
discussion, at least one member is physically present at the regular meeting
location, and interested members of the public can hear all the
discussion. Task force members' terms
and other task force matters are subject to Minnesota Statutes, section
15.059. The task force must submit by
January 30, 2007, a written report and presentation to the Education Policy and
Finance committees of the legislature that include recommendations on
alternatives for delivering accelerated technology, science, and mathematics
programs to eligible students throughout Minnesota.
(d) Upon request, the commissioner
of education must provide the task force with technical and other support
services. The commissioner must use
funds from the current operating budget of the Department of Education to cover
any costs the commissioner incurs in providing services to the task force.
(e) The task force expires June 30,
2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 2004, section 125A.02,
subdivision 1, is amended to read:
Subdivision 1. Child
with a disability. Every child who
has a hearing impairment, blindness, visual disability, speech or
language impairment, physical handicap, other health impairment, mental
handicap, emotional/behavioral disorder, specific learning disability, autism,
traumatic brain injury, multiple disabilities, or deaf/blind disability and
needs special instruction and services, as determined by the standards of the
commissioner, is a child with a disability.
In addition, every child under age three, and at local district
discretion from age three to age seven, who needs special instruction and
services, as determined by the standards of the commissioner, because the child
has a substantial delay or has an identifiable physical or mental condition
known to hinder normal development is a child with a disability.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2005 Supplement, section
125A.11, subdivision 1, is amended to read:
Subdivision 1. Nonresident
tuition rate; other costs. (a) For
fiscal year 2006, when a school district provides instruction and services
outside the district of residence, board and lodging, and any tuition to be
paid, shall be paid by the district of residence. The tuition rate to be charged for any child
with a disability, excluding a pupil for whom tuition is calculated according
to section 127A.47, subdivision 7, paragraph (d), must be the sum of (1) the
actual cost of providing special instruction and services to the child
including a proportionate amount for special transportation and unreimbursed
building lease and debt service costs for facilities used primarily for special
education, plus (2) the amount of general education revenue and referendum aid
attributable to the pupil, minus (3) the amount of special education aid for
children with a disability received on behalf of that child, minus (4) if the pupil
receives special instruction and services outside the regular classroom for
more than 60 percent of the school day, the amount of general education revenue
and referendum aid, excluding portions attributable to district and school
administration, district support services, operations and maintenance, capital
expenditures, and pupil transportation, attributable to that pupil for the
portion of time the pupil receives special instruction in and
services outside the regular classroom.
If the boards involved do not agree upon the tuition rate, either board
may apply to the commissioner to fix the rate.
Notwithstanding chapter 14, the commissioner must then set a date for a
hearing or request a written statement from each board, giving each board at
least ten days' notice, and after the hearing or review of the written
statements the commissioner must make an order fixing the tuition rate, which
is binding on both school districts.
General education revenue and referendum aid attributable to a pupil must
be calculated using the resident district's average general education and
referendum revenue per adjusted pupil unit.
(b) For fiscal year 2007 and later,
when a school district provides special instruction and services for a pupil
with a disability as defined in section 125A.02 outside the district of
residence, excluding a pupil for whom an adjustment to special education aid is
calculated according to section 127A.47, subdivision 7, paragraph (e), special
education aid paid to the resident district must be reduced by an amount equal
to (1) the actual cost of providing special instruction and services to the
pupil, including a proportionate amount for special transportation and
unreimbursed building lease and debt service costs for facilities used
primarily for special education, plus (2) the amount of general education
revenue and referendum aid attributable to that pupil, minus (3) the amount of
special education aid for children with a disability received on behalf of that
child, minus (4) if the pupil receives special instruction and services outside
the regular classroom for more than 60 percent of the school day, the amount of
general education revenue and referendum aid, excluding portions attributable
to district and school administration, district support services, operations
and maintenance, capital expenditures, and pupil transportation, attributable
to that pupil for the portion of time the pupil receives special
instruction in and services outside the regular classroom. General education revenue and referendum aid
attributable to a pupil must be calculated using the resident district's
average general education revenue and referendum aid per adjusted pupil
unit. Special education aid paid to the
district or cooperative providing special instruction and services for the
pupil must be increased by the amount of the reduction in the aid paid to the
resident district. Amounts paid to
cooperatives under this subdivision and section 127A.47, subdivision 7, shall
be recognized and reported as revenues and expenditures on the resident school
district's books of account under sections 123B.75 and 123B.76. If the resident district's special education
aid is insufficient to make the full adjustment, the remaining adjustment shall
be made to other state aid due to the district.
(c) Notwithstanding paragraphs (a)
and (b) and section 127A.47, subdivision 7, paragraphs (d) and (e), a charter
school where more than 30 percent of enrolled students receive special
education and related services, an intermediate district, or a special
education cooperative may apply to the commissioner for authority to charge the
resident district an additional amount to recover any remaining unreimbursed
costs of serving pupils with a disability.
The application must include a description of the costs and the calculations
used to determine the unreimbursed portion to be charged to the resident
district. Amounts approved by the
commissioner under this paragraph must be included in the tuition billings or
aid adjustments under paragraph (a) or (b), or section 127A.47, subdivision 7,
paragraph (d) or (e), as applicable.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2004, section 125A.27,
subdivision 11, is amended to read:
Subd. 11. Interagency
child find systems.
"Interagency child find systems" means activities developed on
an interagency basis with the involvement of interagency early intervention
committees and other relevant community groups using rigorous standards
to actively seek out, identify, and refer infants and young children,
with, or at risk of, disabilities, and their families, including a child
under the age of three who: (1) is involved in a substantiated case of abuse or
neglect, or (2) is identified as affected by illegal substance abuse or
withdrawal symptoms resulting from prenatal drug exposure, to reduce children's
need for future services.
Sec.
4. Minnesota Statutes 2004, section
125A.29, is amended to read:
125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL BOARDS.
(a) It is the joint responsibility
of county boards and school boards to coordinate, provide, and pay for
appropriate services, and to facilitate payment for services from public and
private sources. Appropriate services
for children eligible under section 125A.02 must be determined in consultation
with parents, physicians, and other educational, medical, health, and human
services providers. The services
provided must be in conformity with:
(1) an IFSP for
each eligible infant and toddler from birth through age two and its
the infant's or toddler's family, including:
(i) American Indian infants and
toddlers with disabilities and their families residing on a reservation
geographically located in the state;
(ii) infants and toddlers with
disabilities who are homeless children and their families; and
(iii) infants and toddlers with
disabilities who are wards of the state; or
(2) an
individual education plan (IEP) or individual service plan (ISP) for each
eligible child ages three through four.
(b) Appropriate services include
family education and counseling, home visits, occupational and physical
therapy, speech pathology, audiology, psychological services, special
instruction, nursing, respite, nutrition, assistive technology, transportation
and related costs, social work, vision services, case management including
service coordination under section 125A.33, medical services for diagnostic and
evaluation purposes, early identification, and screening, assessment, and
health services necessary to enable children with disabilities to benefit from
early intervention services.
(c) School and county boards shall
coordinate early intervention services.
In the absence of agreements established according to section 125A.39,
service responsibilities for children birth through age two are as follows:
(1) school boards must provide, pay
for, and facilitate payment for special education and related services required
under sections 125A.05 and 125A.06;
(2) county boards must provide, pay
for, and facilitate payment for noneducational services of social work,
psychology, transportation and related costs, nursing, respite, and nutrition
services not required under clause (1).
(d) School and county boards may
develop an interagency agreement according to section 125A.39 to establish
agency responsibility that assures early intervention services are coordinated,
provided, paid for, and that payment is facilitated from public and private
sources.
(e) County and school boards must
jointly determine the primary agency in this cooperative effort and must notify
the commissioner of the state lead agency of their decision.
Sec. 5. Minnesota Statutes 2004, section 125A.30, is
amended to read:
125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.
(a) A school district, group of districts,
or special education cooperative, in cooperation with the health and human
service agencies located in the county or counties in which the district or
cooperative is located, must establish an Interagency Early Intervention
Committee for children with disabilities under age five and their families
under this section, and for children with disabilities ages three to 22
consistent with the requirements under sections 125A.023
and 125A.027. Committees must include
representatives of local health, education, and county human service agencies,
county boards, school boards, early childhood family education programs, Head
Start, parents of young children with disabilities under age 12, child care
resource and referral agencies, school readiness programs, current service
providers, and may also include representatives from other private or public
agencies and school nurses. The
committee must elect a chair from among its members and must meet at least
quarterly.
(b) The committee must develop and
implement interagency policies and procedures concerning the following ongoing
duties:
(1) develop public awareness
systems designed to inform potential recipient families, especially parents
with premature infants, or infants with other physical risk factors associated
with learning or development complications, of available programs and
services;
(2) to reduce families' need for
future services, and especially parents with premature infants, or infants with
other physical risk factors associated with learning or development
complications, implement interagency child find systems designed to
actively seek out, identify, and refer infants and young children with, or at
risk of, disabilities and their families, including a child under the
age of three who: (i) is involved in a substantiated case of abuse or (ii) is
identified as affected by illegal substance abuse or with withdrawal symptoms
resulting from prenatal drug exposure;
(3) establish and evaluate the
identification, referral, child and family assessment systems, procedural
safeguard process, and community learning systems to recommend, where
necessary, alterations and improvements;
(4) assure the development of
individualized family service plans for all eligible infants and toddlers with
disabilities from birth through age two, and their families, and individual
education plans and individual service plans when necessary to appropriately
serve children with disabilities, age three and older, and their families and
recommend assignment of financial responsibilities to the appropriate agencies;
(5) encourage agencies to
develop individual family service plans for children with disabilities, age
three and older;
(6) implement
a process for assuring that services involve cooperating agencies at all steps
leading to individualized programs;
(7) (6)
facilitate the development of a transitional plan if a service provider is not
recommended to continue to provide services;
(8) (7)
identify the current services and funding being provided within the community
for children with disabilities under age five and their families;
(9) (8)
develop a plan for the allocation and expenditure of additional state and
federal early intervention funds under United States Code, title 20, section
1471 et seq. (Part C, Public Law 102-119 108-446) and United
States Code, title 20, section 631, et seq. (Chapter I, Public Law 89-313); and
(10) (9)
develop a policy that is consistent with section 13.05, subdivision 9, and
federal law to enable a member of an interagency early intervention committee
to allow another member access to data classified as not public.
(c) The local committee shall also:
(1) participate in needs
assessments and program planning activities conducted by local social service,
health and education agencies for young children with disabilities and their
families; and
(2) review and comment on the early intervention section of the total special
education system for the district, the county social service plan, the section
or sections of the community health services plan that address needs of and
service activities targeted to children with special health care needs, the
section on children with special needs in the county child care fund plan,
sections in Head Start plans on coordinated planning and services for children
with special needs, any relevant portions of early childhood education plans,
such as early childhood family education or school readiness, or other
applicable coordinated school and community plans for early childhood programs
and services, and the section of the maternal and child health special project
grants that address needs of and service activities targeted to children with
chronic illness and disabilities.
Sec. 6. Minnesota Statutes 2004, section 125A.32, is
amended to read:
125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN.
(a) A team must participate in IFSP
meetings to develop the IFSP. The team
shall include:
(1) a parent or parents of the
child;
(2) other family members, as
requested by the parent, if feasible to do so;
(3) an advocate or person outside
of the family, if the parent requests that the person participate;
(4) the service coordinator who has
been working with the family since the initial referral, or who has been
designated by the public agency to be responsible for implementation of the
IFSP and coordination with other agencies including transition services;
and
(5) a person or persons involved in
conducting evaluations and assessments.
(b) The IFSP must include:
(1) information about the child's
developmental status;
(2) family information, with the
consent of the family;
(3) measurable results or major
outcomes expected to be achieved by the child and the family, with
the family's assistance, that include the developmentally
appropriate preliteracy and language skills, and criteria, procedures, and
timelines related to the results or outcomes;
(4) specific early intervention
services based on peer-reviewed research, to the extent practicable, necessary
to meet the unique needs of the child and the family to achieve the outcomes;
(5) payment arrangements, if any;
(6) medical and other services that
the child needs, but that are not required under the Individual with
Disabilities Education Act, United States Code, title 20, section 1471 et seq.
(Part C, Public Law 102-119 108-446) including funding sources to
be used in paying for those services and the steps that will be taken to secure
those services through public or private sources;
(7) dates and duration of early
intervention services;
(8) name of the service
coordinator;
(9)
steps to be taken to support a child's transition from early intervention
services to other appropriate services, including convening a transition
conference at least 90 days, or at the discretion of all parties, not more than
nine months before the child is eligible for preschool services; and
(10) signature of the parent and
authorized signatures of the agencies responsible for providing, paying for, or
facilitating payment, or any combination of these, for early intervention
services.
Sec. 7. Minnesota Statutes 2004, section 125A.33, is
amended to read:
125A.33 SERVICE COORDINATION.
(a) The team developing the IFSP
under section 125A.32 must select a service coordinator to carry out service
coordination activities on an interagency basis. Service coordination must actively promote a
family's capacity and competency to identify, obtain, coordinate, monitor, and
evaluate resources and services to meet the family's needs. Service coordination activities include:
(1) coordinating the performance of
evaluations and assessments;
(2) facilitating and participating
in the development, review, and evaluation of individualized family service
plans;
(3) assisting families in
identifying available service providers;
(4) coordinating and monitoring the
delivery of available services;
(5) informing families of the
availability of advocacy services;
(6) coordinating with medical,
health, and other service providers;
(7) facilitating the development of
a transition plan at least 90 days before the time the child is no longer
eligible for early intervention services, or at the discretion of all
parties, not more than nine months before the child is eligible for preschool
services, if appropriate;
(8) managing the early intervention
record and submitting additional information to the local primary agency at the
time of periodic review and annual evaluations; and
(9) notifying a local primary
agency when disputes between agencies impact service delivery required by an
IFSP.
(b) A service coordinator must be
knowledgeable about children and families receiving services under this
section, requirements of state and federal law, and services available in the
interagency early childhood intervention system.
Sec. 8. Minnesota Statutes 2004, section 125A.48, is
amended to read:
125A.48 STATE INTERAGENCY AGREEMENT.
(a) The commissioners of the
Departments of Education, Health, and Human Services must enter into an
agreement to implement this section and Part with
disabilities, birth through age two, and their families and to ensure the
meaningful involvement of underserved groups, including children with
disabilities from minority, low-income, homeless, and rural families, and
children with disabilities who are wards of the state. The agreement must be reviewed annually. H C, Public Law 102-119
108-446, and as required by Code of Federal Regulations, title 34, section
303.523, to promote the development and implementation of interagency,
coordinated, multidisciplinary state and local early childhood intervention
service systems for serving eligible young children
(b) The state interagency agreement
must outline at a minimum the conditions, procedures, purposes, and
responsibilities of the participating state and local agencies for the
following:
(1) membership, roles, and
responsibilities of a state interagency committee for the oversight of
priorities and budget allocations under Part H C, Public Law 102-119
108-446, and other state allocations for this program;
(2) child find;
(3) establishment of local
interagency agreements;
(4) review by a state interagency
committee of the allocation of additional state and federal early intervention
funds by local agencies;
(5) fiscal responsibilities of the
state and local agencies;
(6) intraagency and interagency
dispute resolution;
(7) payor of last resort;
(8) maintenance of effort;
(9) procedural safeguards,
including mediation;
(10) complaint resolution;
(11) quality assurance;
(12) data collection;
(13) an annual summary to the state
Interagency Coordinating Council regarding conflict resolution activities
including disputes, due process hearings, and complaints; and
(14) other components of the state
and local early intervention system consistent with Public Law 102-119
108‑446.
Written
materials must be developed for parents, IEIC's, and local service providers
that describe procedures developed under this section as required by Code of
Federal Regulations, title 34, section 303.
Sec. 9. Minnesota Statutes 2004, section 125A.515,
subdivision 1, is amended to read:
Subdivision 1. Approval
of education programs. The
commissioner shall approve education programs for placement of children and
youth in care and treatment residential facilities including
detention centers, before being licensed by the Department of Human Services under
Minnesota Rules, parts 9545.0905 to 9545.1125 and 9545.1400 to 9545.1480,
or the Department of Corrections under Minnesota Rules, chapters 2925, 2930,
2935, and 2950. Education programs
in these facilities shall conform to state and federal education laws including
the Individuals with Disabilities Education Act (IDEA). This section applies only to placements in
residential facilities licensed by the Department of Human Services or the
Department of Corrections.
Sec.
10. Minnesota Statutes 2004, section
125A.515, subdivision 3, is amended to read:
Subd. 3. Responsibilities
for providing education. (a) The
district in which the residential facility is located must provide
education services, including special education if eligible, to all students
placed in a facility for care and treatment.
(b) For education programs operated
by the Department of Corrections, the providing district shall be the
Department of Corrections. For students
remanded to the commissioner of corrections, the providing and resident
district shall be the Department of Corrections.
(c) Placement for care and
treatment does not automatically make a student eligible for special
education. A student placed in a care
and treatment facility is eligible for special education under state and
federal law including the Individuals with Disabilities Education Act under
United States Code, title 20, chapter 33.
Sec. 11. Minnesota Statutes 2004, section 125A.515,
subdivision 5, is amended to read:
Subd. 5. Education
programs for students placed in residential facilities for care and
treatment. (a) When a student is
placed in a care and treatment facility approved under this section
that has an on-site education program, the providing district, upon notice from
the care and treatment facility, must contact the resident district within one
business day to determine if a student has been identified as having a
disability, and to request at least the student's transcript, and for students
with disabilities, the most recent individualized education plan (IEP) and
evaluation report, and to determine if the student has been identified as a
student with a disability. The resident
district must send a facsimile copy to the providing district within two
business days of receiving the request.
(b) If a student placed for care
and treatment under this section has been identified as having a
disability and has an individual education plan in the resident district:
(1) the providing agency must
conduct an individualized education plan meeting to reach an agreement about
continuing or modifying special education services in accordance with the
current individualized education plan goals and objectives and to determine if
additional evaluations are necessary; and
(2) at least the following people
shall receive written notice or documented phone call to be followed with
written notice to attend the individualized education plan meeting:
(i) the person or agency placing
the student;
(ii) the resident district;
(iii) the appropriate teachers and
related services staff from the providing district;
(iv) appropriate staff from the care
and treatment residential facility;
(v) the parents or legal guardians
of the student; and
(vi) when appropriate, the student.
(c) For a student who has not been
identified as a student with a disability, a screening must be conducted by the
providing districts as soon as possible to determine the student's educational
and behavioral needs and must include a review of the student's educational
records.
Sec.
12. Minnesota Statutes 2004, section
125A.515, subdivision 6, is amended to read:
Subd. 6. Exit
report summarizing educational progress.
If a student has been placed in a care and treatment facility
under this section for 15 or more business days, the providing district
must prepare an exit report summarizing the regular education, special
education, evaluation, educational progress, and service information and must
send the report to the resident district and the next providing district if
different, the parent or legal guardian, and any appropriate social service
agency. For students with disabilities,
this report must include the student's IEP.
Sec. 13. Minnesota Statutes 2004, section 125A.515,
subdivision 7, is amended to read:
Subd. 7. Minimum
educational services required. When
a student is placed in a facility approved under this section, at a
minimum, the providing district is responsible for:
(1) the education necessary,
including summer school services, for a student who is not performing at grade
level as indicated in the education record or IEP; and
(2) a school day, of the same
length as the school day of the providing district, unless the unique needs of
the student, as documented through the IEP or education record in consultation
with treatment providers, requires an alteration in the length of the school
day.
Sec. 14. Minnesota Statutes 2004, section 125A.515,
subdivision 9, is amended to read:
Subd. 9. Reimbursement
for education services. (a)
Education services provided to students who have been placed for care and
treatment under this section are reimbursable in accordance with
special education and general education statutes.
(b) Indirect or consultative
services provided in conjunction with regular education prereferral
interventions and assessment provided to regular education students suspected
of being disabled and who have demonstrated learning or behavioral problems in
a screening are reimbursable with special education categorical aids.
(c) Regular education, including
screening, provided to students with or without disabilities is not
reimbursable with special education categorical aids.
Sec. 15. Minnesota Statutes 2004, section 125A.515,
subdivision 10, is amended to read:
Subd. 10. Students
unable to attend school but not placed in care and treatment facilities
covered under this section.
Students who are absent from, or predicted to be absent from, school for
15 consecutive or intermittent days, and placed at home or in facilities
not licensed by the Departments Department of Corrections or
Human Services are not students placed for care and treatment
entitled to regular and special education services, consistent with applicable
law and rule. These students include
students with and without disabilities who are home due to accident or illness,
in a hospital or other medical facility, or in a day treatment center. These students are entitled to education
services through their district of residence.
Sec. 16. Minnesota Statutes 2004, section 125A.63,
subdivision 4, is amended to read:
Subd. 4. Advisory
committees. The Special Education
Advisory Council commissioner shall establish an advisory committee
for each resource center. The advisory
committees shall develop recommendations regarding the resource centers and
submit an annual report to the commissioner on the form and in the manner
prescribed by the commissioner.
Sec.
17. Minnesota Statutes 2004, section
125A.75, subdivision 1, is amended to read:
Subdivision 1. Travel
aid. The state must pay each
district one-half of the sum actually expended by a district, based on
mileage, for necessary travel of essential personnel providing home-based
services to children with a disability under age five and their families.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 18. Minnesota Statutes 2004, section 125A.76, is
amended by adding a subdivision to read:
Subd. 4a. Special
education maintenance of effort.
If, on the basis of a forecast of general fund revenues and
expenditures, expenditures for special education aid under section 125A.76;
transition for disabled students under section 124D.454; travel for home-based
services under section 124A.75, subdivision 1; aid for students with disabilities
under section 125A.75, subdivision 3; court-placed special education under
section 125A.79, subdivision 4; or out-of-state tuition under section 125A.79,
subdivision 8; are projected to be less than the amount previously forecast,
the excess from these programs, up to an amount sufficient to meet federal
special education maintenance of effort, is added to the state total special
education aid in section 125A.76, subdivision 4.
If, on the basis of a forecast of
general fund revenues and expenditures, expenditures in the programs in this
subdivision are projected to be greater than previously forecast, and an
addition to state total special education aid has been made under this
subdivision, the state total special education aid must be reduced by the
lesser of the amount of the expenditure increase or the amount previously added
to state total special education aid, and this amount must be allocated back to
the programs which were forecast to have an excess.
For the purposes of this
subdivision, "previously forecast" means the allocation of funding
for these programs in either the most recent forecast of general fund revenues
and expenditures or the act appropriating money for these programs, whichever
occurred most recently.
EFFECTIVE DATE. This
section is effective for revenue for fiscal year 2006.
Sec. 19. Minnesota Statutes 2005 Supplement, section
125A.79, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purposes of this section, the
definitions in this subdivision apply.
(a) "Unreimbursed special
education cost" means the sum of the following:
(1) expenditures for teachers'
salaries, contracted services, supplies, equipment, and transportation services
eligible for revenue under section 125A.76; plus
(2) expenditures for tuition bills
received under sections 125A.03 to 125A.24 and 125A.65 for services eligible
for revenue under section 125A.76, subdivision 2; minus
(3) revenue for teachers' salaries,
contracted services, supplies, and equipment under section 125A.76; minus
(4) tuition receipts under sections
125A.03 to 125A.24 and 125A.65 for services eligible for revenue under section
125A.76, subdivision 2.
(b) "General revenue"
means the sum of the general education revenue according to section 126C.10,
subdivision 1, as adjusted according to section 127A.47, subdivisions 7 and
8 excluding alternative teacher compensation revenue, plus the total
qualifying referendum revenue specified in paragraph (e) minus transportation
sparsity revenue minus total operating capital revenue.
(c)
"Average daily membership" has the meaning given it in section
126C.05.
(d) "Program growth
factor" means 1.02 for fiscal year 2003, and 1.0 for fiscal year 2004 and
later.
(e) "Total qualifying
referendum revenue" means two-thirds of the district's total referendum
revenue as adjusted according to section 127A.47, subdivision 7, paragraphs
(a), (b), and (c), for fiscal year 2006, one-third of the district's total
referendum revenue for fiscal year 2007, and none of the district's total
referendum revenue for fiscal year 2008 and later.
EFFECTIVE DATE. This section
is effective for revenue for fiscal year 2006.
Sec. 20. RULE
ON VISUALLY IMPAIRED TO INCLUDE REFERENCES TO "BLIND" AND
"BLINDNESS."
The commissioner of education, where
appropriate, must incorporate references to "blind" and
"blindness" into the definition of visually impaired under Minnesota
Rules, part 3525.1345, and amend the rule title to include the word
"blind."
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 21. DEPARTMENT
OF EDUCATION RULES.
Before July 1, 2007, the Department
of Education shall amend Minnesota Rules, part 3525.2325, to conform with
Minnesota Statutes, section 125A.515.
Sec. 22. SPECIAL
EDUCATION TUITION BILLING FOR FISCAL YEARS 2006 AND 2007.
(a) Notwithstanding Minnesota
Statutes, sections 125A.11, subdivision 1, paragraph (a), and 127A.47,
subdivision 7, paragraph (d), for fiscal year 2006 an intermediate district,
special education cooperative, or school district that served as an applicant
agency for a group of school districts for federal special education aids for
fiscal year 2006 is not subject to the uniform special education tuition
billing calculations, but may instead continue to bill the resident school
districts for the actual unreimbursed costs of serving pupils with a disability
as determined by the intermediate district.
(b) Notwithstanding Minnesota
Statutes, section 125A.11, subdivision 1, paragraph (c), for fiscal year 2007
only, an applicant district may apply to the commissioner for a waiver from the
uniform special education tuition calculations and aid adjustments under
Minnesota Statutes, sections 125A.11, subdivision 1, paragraph (b), and
127A.47, subdivision 7, paragraph (e).
The commissioner must grant the waiver within 30 days of receiving the
following information from the intermediate district:
(1) a detailed description of the
applicant district's methodology for calculating special education tuition for
fiscal years 2006 and 2007, as required by the applicant district to recover
the full cost of serving pupils with a disability;
(2) sufficient data to determine the
total amount of special education tuition actually charged for each student
with a disability, as required by the applicant district to recover the full
cost of serving pupils with a disability in fiscal year 2006; and
(3) sufficient data to determine the
amount that would have been charged for each student for fiscal year 2006 using
the uniform tuition billing methodology according to Minnesota Statutes,
sections 125A.11, subdivision 1, or 127A.47, subdivision 7, as applicable.
EFFECTIVE DATE. This section
is effective the day following final enactment for fiscal year 2006.
Sec.
23. REPEALER.
Minnesota Statutes 2004, sections
125A.10; and 125A.515, subdivision 2, are repealed.
ARTICLE 4
ACCOUNTING
Section 1. Minnesota Statutes 2004, section 123B.10,
subdivision 1, is amended to read:
Subdivision 1. Budgets. By October 1 November 30, every
board must publish revenue and expenditure budgets for the current year and the
actual revenues, expenditures, fund balances for the prior year and projected
fund balances for the current year in a form prescribed by the commissioner. The forms prescribed must be designed so that
year to year comparisons of revenue, expenditures and fund balances can be
made. These budgets, reports of revenue,
expenditures and fund balances must be published in a qualified newspaper of general
circulation in the district or on the district's official Web site. If published on the district's official Web
site, the district must also publish an announcement in a qualified newspaper
of general circulation in the district that includes the Internet address where
the information has been posted.
Sec. 2. Minnesota Statutes 2004, section 123B.77, is
amended by adding a subdivision to read:
Subd. 1a. School
district consolidated financial statement. The commissioner shall develop, implement,
and maintain a school district consolidated financial statement format that
converts uniform financial accounting and reporting standards data under
subdivision 1 into a more understandable format.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2004, section 123B.77,
subdivision 3, is amended to read:
Subd. 3. Statement
for comparison and correction. (a)
By November 30 of the calendar year of the submission of the unaudited
financial data, the district must provide to the commissioner audited financial
data for the preceding fiscal year. The
audit must be conducted in compliance with generally accepted governmental
auditing standards, the federal Single Audit Act, and the Minnesota legal compliance
guide issued by the Office of the State Auditor. An audited financial statement prepared in a
form which will allow comparison with and correction of material differences in
the unaudited financial data shall be submitted to the commissioner and the
state auditor by December 31. The audited
financial statement must also provide a statement of assurance pertaining to
uniform financial accounting and reporting standards compliance and a copy of
the management letter submitted to the district by the school district's
auditor.
(b) By December 15 of the calendar
year of the submission of the unaudited financial data, the commissioner shall
convert the audited financial data required by this subdivision into the
consolidated financial statement format required under subdivision 1a and
publish the information on the department's Web site.
EFFECTIVE DATE. This
section is effective for financial statements prepared in 2006.
Sec. 4. Minnesota Statutes 2004, section 123B.79, is
amended by adding a subdivision to read:
Subd. 9. Elimination
of reserve accounts. A school
board shall eliminate all reserve accounts established in the school district's
general fund under Minnesota Statutes before July 1, 2005, for which no
specific authority remains in statute as of June 30, 2006. Any balance in the district's reserved for
bus purchases account as of June 30, 2006, shall be transferred to the
reserved account for operating capital in the school district's general
fund. Any
balance in other reserved accounts established in the school district's general
fund under Minnesota Statutes before July 1, 2005, for which no specific
authority remains in statute as of June 30, 2006, shall be transferred to the
school district's unreserved general fund balance. A school board may, upon adoption of a
resolution by the school board, establish a designated account for any program
for which a reserved account has been eliminated.
EFFECTIVE DATE. This
section is effective June 30, 2006.
Sec. 5. Minnesota Statutes 2004, section 127A.41,
subdivision 2, is amended to read:
Subd. 2. Errors
in distribution. On determining that
the amount of state aid distributed to a school district is in error, the
commissioner is authorized to adjust the amount of aid consistent with this
subdivision. On determining that the amount
of aid is in excess of the school district's entitlement, the commissioner is
authorized to recover the amount of the excess by any appropriate means. Notwithstanding the fiscal years designated
by the appropriation, the excess may be recovered by reducing future aid
payments to the district.
Notwithstanding any law to the contrary, if the aid reduced is not of
the same type as that overpaid, the district must adjust all necessary
financial accounts to properly reflect all revenues earned in accordance with
the uniform financial accounting and reporting standards pursuant to sections
123B.75 to 123B.83. Notwithstanding the
fiscal years designated by the appropriation, on determining that the amount of
an aid paid is less than the school district's entitlement, the commissioner is
authorized to increase such aid from the current appropriation. If the aid program has been discontinued
and has no appropriation, the appropriation for general education shall be used
for recovery or payment of the aid decrease or increase. Any excess of aid recovery over aid payment
shall be canceled to the state general fund.
ARTICLE 5
SELF-SUFFICIENCY AND LIFELONG
LEARNING
Section 1. Minnesota Statutes 2004, section 124D.518,
subdivision 4, is amended to read:
Subd. 4. First
prior program year. "First
prior program year" means the period from May 1 of the second prior
fiscal year through April 30 of the first prior fiscal year specific
time period defined by the commissioner that aligns to a program academic year.
Sec. 2. Minnesota Statutes 2004, section 124D.52,
subdivision 1, is amended to read:
Subdivision 1. Program
requirements. (a) An adult basic
education program is a day or evening program offered by a district that is for
people over 16 years of age who do not attend an elementary or secondary
school. The program offers academic
instruction necessary to earn a high school diploma or equivalency certificate.
(b) Notwithstanding any law to the
contrary, a school board or the governing body of a consortium offering an
adult basic education program may adopt a sliding fee schedule based on a
family's income, but must waive the fee for participants who are under the age
of 21 or unable to pay. The fees charged
must be designed to enable individuals of all socioeconomic levels to
participate in the program. A program
may charge a security deposit to assure return of materials, supplies, and
equipment.
(c) Each approved adult basic
education program must develop a memorandum of understanding with the local workforce
development centers located in the approved program's service delivery
area. The memorandum of understanding
must describe how the adult basic education program and the workforce
development centers will cooperate and coordinate services to provide
unduplicated, efficient, and effective services to clients.
(d)
Adult basic education aid must be spent for adult basic education purposes as
specified in sections 124D.518 to 124D.531.
(e) A state-approved adult basic
education program must count and submit student contact hours for a program
that offers high school credit toward an adult high school diploma according to
student eligibility requirements and competency demonstration requirements
established by the commissioner.
ARTICLE 6
PUPIL TRANSPORTATION
Section 1. Minnesota Statutes 2004, section 123B.90,
subdivision 2, is amended to read:
Subd. 2. Student
training. (a) Each district must
provide public school pupils enrolled in kindergarten through grade 10 with
age-appropriate school bus safety training, as described in this section, of
the following concepts:
(1) transportation by school bus is
a privilege and not a right;
(2) district policies for student
conduct and school bus safety;
(3) appropriate conduct while on
the school bus;
(4) the danger zones surrounding a
school bus;
(5) procedures for safely boarding
and leaving a school bus;
(6) procedures for safe street or
road crossing; and
(7) school bus evacuation.
(b) Each nonpublic school located
within the district must provide all nonpublic school pupils enrolled in
kindergarten through grade 10 who are transported by school bus at public
expense and attend school within the district's boundaries with training as
required in paragraph (a).
(c) Students enrolled in kindergarten
through grade 6 who are transported by school bus and are enrolled during the
first or second week of school must receive the school bus safety training
competencies by the end of the third week of school. Students enrolled in grades 7 through 10 who are
transported by school bus and are enrolled during the first or second week of
school and have not previously received school bus safety training must receive
the training or receive bus safety instructional materials by the end of the
sixth week of school. Students taking
driver's training instructional classes and other students in grades 9
and grade 9 or 10 must receive training in the laws and proper
procedures when operating a motor vehicle in the vicinity of a school bus. Students enrolled in kindergarten through
grade 10 who enroll in a school after the second week of school and are
transported by school bus and have not received training in their previous
school district shall undergo school bus safety training or receive bus safety
instructional materials within four weeks of the first day of attendance. Upon request of the superintendent of
schools, the school transportation safety director in each district must
certify to the superintendent of schools annually that all students
transported by school bus within the district have received the school bus
safety training according to this section.
Upon request of the superintendent of the school district where the
nonpublic school is located, the principal or other chief administrator of
each nonpublic school must certify annually to the school transportation
safety director of the district in which the school is located that the
school's students transported by school bus at public expense have received
training according to this section.
(d) A district and a nonpublic school with students transported by school bus
at public expense may provide kindergarten pupils with bus safety training
before the first day of school.
(e) A district and a nonpublic
school with students transported by school bus at public expense may also
provide student safety education for bicycling and pedestrian safety, for
students enrolled in kindergarten through grade 5.
(f) A district and a nonpublic
school with students transported by school bus at public expense must make
reasonable accommodations for the school bus safety training of pupils known to
speak English as a second language and pupils with disabilities.
(g) The district and a nonpublic
school with students transported by school bus at public expense must provide
students enrolled in kindergarten through grade 3 school bus safety training
twice during the school year.
(h) A district and a nonpublic
school with students transported by school bus at public expense must conduct a
school bus evacuation drill at least once during the school year.
EFFECTIVE DATE. This
section is effective July 1, 2006.
Sec. 2. Minnesota Statutes 2004, section 123B.91, is
amended by adding a subdivision to read:
Subd. 1a. Compliance
by nonpublic and charter school students. A nonpublic or charter school student
transported by a public school district shall comply with student bus conduct
and student bus discipline policies of the transporting public school district.
EFFECTIVE DATE. This
section is effective July 1, 2006.
Sec. 3. Minnesota Statutes 2005 Supplement, section
123B.92, subdivision 1, is amended to read:
Subdivision 1. Definitions. For purposes of this section and section
125A.76, the terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per
pupil transported in the regular and excess transportation categories"
means the quotient obtained by dividing:
(1) the sum of:
(i) all expenditures for
transportation in the regular category, as defined in paragraph (b), clause
(1), and the excess category, as defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's
depreciation on the district's school bus fleet and mobile units computed on a
straight line basis at the rate of 15 percent per year for districts operating
a program under section 124D.128 for grades 1 to 12 for all students in the
district and 12-1/2 percent per year for other districts of the cost of the
fleet, plus
(iii) an amount equal to one year's
depreciation on the district's type three school buses, as defined in section
169.01, subdivision 6, clause (5), which must be used a majority of the time
for pupil transportation purposes, computed on a straight line basis at the
rate of 20 percent per year of the cost of the type three school buses by:
(2) the number of pupils eligible
for transportation in the regular category, as defined in paragraph (b), clause
(1), and the excess category, as defined in paragraph (b), clause (2).
(b)
"Transportation category" means a category of transportation service
provided to pupils as follows:
(1) Regular transportation is:
(i) transportation to and from
school during the regular school year for resident elementary pupils residing
one mile or more from the public or nonpublic school they attend, and resident
secondary pupils residing two miles or more from the public or nonpublic school
they attend, excluding desegregation transportation and noon kindergarten
transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident
pupils to and from language immersion programs;
(iii) transportation of a pupil who
is a custodial parent and that pupil's child between the pupil's home and the
child care provider and between the provider and the school, if the home and
provider are within the attendance area of the school;
(iv) transportation to and from or
board and lodging in another district, of resident pupils of a district without
a secondary school; and
(v) transportation to and from
school during the regular school year required under subdivision 3 for
nonresident elementary pupils when the distance from the attendance area border
to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two
miles or more, excluding desegregation transportation and noon kindergarten
transportation.
For the purposes of this paragraph,
a district may designate a licensed day care facility, school day care
facility, respite care facility, the residence of a relative, or the
residence of a person chosen by the pupil's parent or guardian as the home of a
pupil for part or all of the day, if requested by the pupil's parent or
guardian, and if that facility or residence is within the attendance area of
the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from
school during the regular school year for resident secondary pupils residing at
least one mile but less than two miles from the public or nonpublic school they
attend, and transportation to and from school for resident pupils residing less
than one mile from school who are transported because of extraordinary traffic,
drug, or crime hazards; and
(ii) transportation to and from
school during the regular school year required under subdivision 3 for
nonresident secondary pupils when the distance from the attendance area border
to the school is at least one mile but less than two miles from the public
school they attend, and for nonresident pupils when the distance from the
attendance area border to the school is less than one mile from the school and
who are transported because of extraordinary traffic, drug, or crime hazards.
(3) Desegregation transportation is
transportation within and outside of the district during the regular school
year of pupils to and from schools located outside their normal attendance
areas under a plan for desegregation mandated by the commissioner or under court
order.
(4) "Transportation services
for pupils with disabilities" is:
(i) transportation of pupils with
disabilities who cannot be transported on a regular school bus between home or
a respite care facility and school;
(ii)
necessary transportation of pupils with disabilities from home or from school
to other buildings, including centers such as developmental achievement
centers, hospitals, and treatment centers where special instruction or services
required by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 are
provided, within or outside the district where services are provided;
(iii) necessary transportation for
resident pupils with disabilities required by sections 125A.12, and 125A.26 to
125A.48;
(iv) board and lodging for pupils
with disabilities in a district maintaining special classes;
(v) transportation from one
educational facility to another within the district for resident pupils
enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for
resident pupils with disabilities who are provided special instruction and
services on a shared-time basis or if resident pupils are not transported, the
costs of necessary travel between public and private schools or neutral
instructional sites by essential personnel employed by the district's program
for children with a disability;
(vi) transportation for resident
pupils with disabilities to and from board and lodging facilities when the
pupil is boarded and lodged for educational purposes; and
(vii) services described in clauses
(i) to (vi), when provided for pupils with disabilities in conjunction with a
summer instructional program that relates to the pupil's individual education
plan or in conjunction with a learning year program established under section
124D.128.
For purposes of computing special
education base revenue under section 125A.76, subdivision 2, the cost of
providing transportation for children with disabilities includes (A) the
additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless
student from a permanent home in another district to the school of origin but
only through the end of the academic year; and (B) depreciation on
district-owned school buses purchased after July 1, 2005, and used primarily
for transportation of pupils with disabilities, calculated according to
paragraph (a), clauses (ii) and (iii). Depreciation
costs included in the disabled transportation category must be excluded in
calculating the actual expenditure per pupil transported in the regular and
excess transportation categories according to paragraph (a).
(5) "Nonpublic nonregular
transportation" is:
(i) transportation from one
educational facility to another within the district for resident pupils
enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);
(ii) transportation within district
boundaries between a nonpublic school and a public school or a neutral site for
nonpublic school pupils who are provided pupil support services pursuant to
section 123B.44; and
(iii) late transportation home from
school or between schools within a district for nonpublic school pupils
involved in after-school activities.
(c) "Mobile unit" means a
vehicle or trailer designed to provide facilities for educational programs and
services, including diagnostic testing, guidance and counseling services, and
health services. A mobile unit located
off nonpublic school premises is a neutral site as defined in section 123B.41,
subdivision 13.
EFFECTIVE DATE. This
section is effective July 1, 2006.
Sec.
4. Minnesota Statutes 2004, section
169.01, subdivision 6, is amended to read:
Subd. 6. School
bus. "School bus" means a
motor vehicle used to transport pupils to or from a school defined in section
120A.22, or to or from school-related activities, by the school or a school
district, or by someone under an agreement with the school or a school
district. A school bus does not include
a motor vehicle transporting children to or from school for which parents or
guardians receive direct compensation from a school district, a motor coach
operating under charter carrier authority, a transit bus providing services as
defined in section 174.22, subdivision 7, a multifunction school activity bus
as defined by federal motor vehicle safety standards, or a vehicle otherwise
qualifying as a type III vehicle under paragraph (5), when the vehicle is
properly registered and insured and being driven by an employee or agent of a
school district for nonscheduled or nonregular transportation. A school bus may be type A, type B, type C,
or type D, or type III as follows:
(1) A "type A school bus"
is a van conversion or bus constructed utilizing a cutaway front
section vehicle with a left-side driver's door.
The entrance door is behind the front wheels. This definition includes two
classifications: type A-I, with a gross vehicle weight rating (GVWR) less
than or equal to 10,000 14,500 pounds or less; and type A-II,
with a GVWR greater than 10,000 14,500 pounds and less than or
equal to 21,500 pounds.
(2) A "type B school bus"
is constructed utilizing a stripped chassis.
The entrance door is behind the front wheels. This definition includes two classifications:
type B-I, with a GVWR less than or equal to 10,000 pounds; and type B-II, with
a GVWR greater than 10,000 pounds.
(3) A "type C school bus"
is constructed utilizing a chassis with a hood and front fender assembly. The entrance door is behind the front
wheels. A "type C school
bus" also includes a cutaway truck chassis or truck chassis with cab with
or without a left side door and with a GVWR greater than 21,500 pounds.
(4) A "type D school bus"
is constructed utilizing a stripped chassis.
The entrance door is ahead of the front wheels.
(5) Type III school buses and type
III Head Start buses are restricted to passenger cars, station wagons, vans,
and buses having a maximum manufacturer's rated seating capacity of ten or
fewer people, including the driver, and a gross vehicle weight rating of 10,000
pounds or less. In this subdivision,
"gross vehicle weight rating" means the value specified by the
manufacturer as the loaded weight of a single vehicle. A "type III school bus" and
"type III Head Start bus" must not be outwardly equipped and
identified as a type A, B, C, or D school bus or type A, B, C, or D Head Start
bus. A van or bus converted to a seating
capacity of ten or fewer and placed in service on or after August 1, 1999, must
have been originally manufactured to comply with the passenger safety
standards.
EFFECTIVE DATE. This
section is effective January 1, 2007.
Sec. 5. Minnesota Statutes 2004, section 169.447, subdivision
2, is amended to read:
Subd. 2. Driver
seat belt. New School buses
and Head Start buses manufactured after December 31, 1994, must be equipped
with driver seat belts and seat belt assemblies of the type described in
section 169.685, subdivision 3. School
bus drivers and Head Start bus drivers must use these seat belts.
EFFECTIVE DATE. This
section is effective July 1, 2006.
Sec. 6. Minnesota Statutes 2004, section 169.4501,
subdivision 1, is amended to read:
Subdivision 1. National
standards adopted. Except as
provided in sections 169.4502 and 169.4503, the construction, design,
equipment, and color of types A, B, C, and D school buses used for the
transportation of school children shall meet the requirements of the "bus
chassis standards" and "bus body standards" in the edition
of the "National School Transportation Specifications and Procedures"
adopted by the National 2000
2005 Conference Congress on School
Transportation. Except as provided in
section 169.4504, the construction, design, and equipment of types A, B, C, and
D school buses used for the transportation of students with disabilities also
shall meet the requirements of the "specially equipped school bus
standards" in the 2000 2005 National School Transportation
Specifications and Procedures. The
"bus chassis standards," "bus body standards," and
"specially equipped school bus standards" sections of the 2000
2005 edition of the "National School Transportation Specifications and
Procedures" are incorporated by reference in this chapter.
EFFECTIVE DATE. This section
is effective January 1, 2007.
Sec. 7. Minnesota Statutes 2004, section 169.4501,
subdivision 2, is amended to read:
Subd. 2. Applicability. (a) The standards adopted in this section and
sections 169.4502 and 169.4503, govern the construction, design, equipment, and
color of school buses used for the transportation of school children, when
owned or leased and operated by a school or privately owned or leased and
operated under a contract with a school.
Each school, its officers and employees, and each person employed under
the contract is subject to these standards.
(b) The standards apply to school
buses manufactured after October 31, 2004 December 31, 2006. Buses complying with the standards when
manufactured need not comply with standards established later except as
specifically provided for by law.
(c) A school bus manufactured on or
before October 31, 2004 December 31, 2006, must conform to the
Minnesota standards in effect on the date the vehicle was manufactured except
as specifically provided for in law.
(d) A new bus body may be remounted
on a used chassis provided that the remounted vehicle meets state and federal
standards for new buses which are current at the time of the remounting. Permission must be obtained from the
commissioner of public safety before the remounting is done. A used bus body may not be remounted on a new
or used chassis.
EFFECTIVE DATE. This section
is effective January 1, 2007.
Sec. 8. Minnesota Statutes 2004, section 169.4502,
subdivision 5, is amended to read:
Subd. 5. Electrical
system; battery. (a) The storage
battery, as established by the manufacturer's rating, must be of sufficient
capacity to care for starting, lighting, signal devices, heating, and other electrical
equipment. In a bus with a gas-powered
chassis, the battery or batteries must provide a minimum of 800 cold cranking
amperes. In a bus with a diesel-powered
chassis, the battery or batteries must provide a minimum of 1050 cold cranking
amperes.
(b) In a type B bus with a gross
vehicle weight rating of 15,000 pounds or more, and type C and D buses, the
battery shall be temporarily mounted on the chassis frame. The final location of the battery and the
appropriate cable lengths in these buses must comply with the SBMI design
objectives booklet.
(c) All batteries shall be mounted
according to chassis manufacturers' recommendations.
(d) In a type C bus, other than are
powered by diesel fuel, a battery providing at least 550 cold cranking amperes
may be installed in the engine compartment only if used in combination with a
generator or alternator of at least 120 130 amperes.
(e) A bus with a gross vehicle
weight rating of 15,000 pounds or less may be equipped with a battery to
provide a minimum of 550 cold cranking amperes only if used in combination with
an alternator of at least 80 130 amperes. This paragraph does not apply to those buses
with wheelchair lifts or diesel engines.
EFFECTIVE DATE. This section
is effective January 1, 2007.
Sec.
9. Minnesota Statutes 2004, section
169.4503, subdivision 20, is amended to read:
Subd. 20. Seat
and crash barriers. (a) All
restraining barriers and passenger seats shall be covered with a material that
has fire retardant or fire block characteristics.
(b) All seats must have a minimum
cushion depth of 15 inches and a seat back height of at least 20 inches above
the seating reference point.
EFFECTIVE DATE. This
section is effective January 1, 2007.
Sec. 10. Minnesota Statutes 2004, section 171.321,
subdivision 4, is amended to read:
Subd. 4. Training. (a) No person shall drive a class A, B, C, or
D school bus when transporting school children to or from school or upon a
school-related trip or activity without having demonstrated sufficient skills
and knowledge to transport students in a safe and legal manner.
(b) A bus driver must have training
or experience that allows the driver to meet at least the following
competencies:
(1) safely operate the type of
school bus the driver will be driving;
(2) understand student behavior,
including issues relating to students with disabilities;
(3) encourage orderly conduct of
students on the bus and handle incidents of misconduct appropriately;
(4) know and understand relevant
laws, rules of the road, and local school bus safety policies;
(5) handle emergency situations;
and
(6) safely load and unload
students.
(c) The commissioner of public
safety shall develop a comprehensive model school bus driver training program
and model assessments for school bus driver training competencies, which are
not subject to chapter 14. A school
district, nonpublic school, or private contractor may use alternative
assessments for bus driver training competencies with the approval of the
commissioner of public safety. After
completion of bus driver training competencies, a driver may receive at least
eight hours of school bus in-service training any year, as an alternative to
being assessed for bus driver competencies.
The employer shall keep the assessment or a record of the
in-service training for the current period available for inspection by
representatives of the commissioner.
EFFECTIVE DATE. This
section is effective July 1, 2006.
Sec. 11. REPEALER.
Minnesota Statutes 2004, sections
169.4502, subdivision 15; and 169.4503, subdivisions 17, 18, and 26, are
repealed.
EFFECTIVE DATE. This
section is effective January 1, 2007."
Delete
the title and insert:
"A bill for an act relating to
education; providing for early childhood and family and kindergarten through
grade 12 education including general education revenue, education
excellence, special programs, accounting, self‑sufficiency and lifelong
learning, and pupil transportation; establishing task forces; requiring
reports; providing for rulemaking; amending Minnesota Statutes 2004, sections
120A.20, subdivision 1; 120A.22, subdivision 3; 120B.023; 120B.024; 120B.36,
subdivision 1; 121A.035; 123A.06, subdivision 2; 123B.10, subdivision 1;
123B.77, subdivision 3, by adding a subdivision; 123B.79, by adding a subdivision;
123B.90, subdivision 2; 123B.91, by adding a subdivision; 124D.02, subdivisions
2, 4; 124D.10, subdivision 16; 124D.518, subdivision 4; 124D.52, subdivision 1;
124D.61; 124D.68, subdivision 3; 125A.02, subdivision 1; 125A.27, subdivision
11; 125A.29; 125A.30; 125A.32; 125A.33; 125A.48; 125A.515, subdivisions 1, 3,
5, 6, 7, 9, 10; 125A.63, subdivision 4; 125A.65, subdivisions 3, 4, 6, 8, 10;
125A.69, subdivision 3; 125A.75, subdivision 1; 125A.76, by adding a
subdivision; 126C.05, subdivision 1; 126C.10, subdivision 6; 126C.44; 127A.41,
subdivision 2; 169.01, subdivision 6; 169.447, subdivision 2; 169.4501,
subdivisions 1, 2; 169.4502, subdivision 5; 169.4503, subdivision 20; 171.321,
subdivision 4; 299F.30; Minnesota Statutes 2005 Supplement, sections 120B.131,
subdivision 2; 122A.415, subdivisions 1, 3; 123B.76, subdivision 3; 123B.92,
subdivision 1; 124D.095, subdivision 4; 124D.68, subdivision 2; 125A.11,
subdivision 1; 125A.79, subdivision 1; 126C.10, subdivision 34; 126C.43,
subdivision 2; 127A.45, subdivision 10; Laws 2005, First Special Session
chapter 5, article 1, section 47; article 2, section 84, subdivision 13;
proposing coding for new law in Minnesota Statutes, chapter 121A; repealing
Minnesota Statutes 2004, sections 120A.20, subdivision 3; 125A.10; 125A.515,
subdivision 2; 169.4502, subdivision 15; 169.4503, subdivisions 17, 18, 26.
With the recommendation that when
so amended the bill pass and be re-referred to the Committee on Rules and
Legislative Administration.
The report was adopted.
Ozment from the Committee on Agriculture, Environment and
Natural Resources Finance to which was referred:
H. F. No. 3718, A bill for an act relating to transportation;
requiring language that the state will purchase plug-in hybrid electric vehicles
when commercially available to be inserted in certain bid documents;
appropriating money for the retrofitting of flexible fuel vehicles to operate
as plug-in hybrid electric vehicles.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. STATE PURCHASING OF PLUG-IN HYBRID
ELECTRIC VEHICLES.
Subdivision 1.
Definition. (a) As used in sections 2 and 3,
"plug-in hybrid electric vehicle (PHEV)" means a vehicle containing
an internal combustion engine that also allows power to be delivered to the
drive wheels by a battery-powered electric motor and that meets applicable
federal motor vehicle safety standards.
When connected to the electrical grid via an electrical outlet, the vehicle
must be able to recharge its battery.
The vehicle must have the ability to travel at least 20 miles, powered
substantially by electricity.
(b) As used in this section, "neighborhood electric
vehicle" means an electrically powered motor vehicle that has four wheels
and has a speed attainable in one mile of at least 20 miles per hour but not
more than 25 miles per hour on a paved level surface.
Subd.
2.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. PLUG-IN HYBRID ELECTRIC VEHICLE RETROFIT
PROJECT.
The automotive engineering program at Minnesota State
University - Mankato is strongly encouraged to retrofit two flexible fuel
vehicles to also operate as plug-in hybrid electric vehicles (PHEV's). If the legislature does not appropriate funds
for this purpose, the Department of Administration and Minnesota State
University - Mankato may accept donations and work cooperatively with nonprofit
agencies, higher education institutions, and public agencies to procure
vehicles and obtain other necessary funds to conduct the retrofit.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. PLUG-IN HYBRID ELECTRIC VEHICLE TASK
FORCE.
Subdivision 1.
Establishment; membership. The plug-in hybrid electric vehicle task
force is established. The task force
shall consist of 13 members as follows:
(1) one representative each from Xcel Energy and Great River
Energy;
(2) one representative each from the Minnesota Department of
Commerce, the Minnesota Department of Transportation, and the Minnesota
Pollution Control Agency;
(3) the director of the Travel Management Division of the
Minnesota Department of Administration, or the director's designee;
(4) a representative from the University of Minnesota
Department of Electrical Engineering;
(5) one representative each from Minnesota-based
manufacturers of electric batteries, automotive parts, and power electronics;
(6) a representative from an environmental advocacy
organization active in electricity issues;
(7) a representative of United Auto Workers Local 879; and
(8) a representative of the Ford Motor Company.
Subd. 2. Appointment. The chairs of the senate and house of
representatives committees with primary jurisdiction over energy policy shall
jointly appoint the task force members.
Subd.
3.
Subd. 4. Charge. (a) The plug-in hybrid electric vehicle
task force shall identify barriers to the adoption of plug-in hybrid electric
vehicles by state agencies, small and large private fleets, and Minnesota
drivers at-large and develop strategies to be implemented over one-, three-,
and five-year time frames to overcome those barriers. Included in the analysis should be possible
financial incentives to encourage Ford Motor Company to produce plug-in hybrid,
flexible-fueled vehicles at its St. Paul plant.
(b) The task force shall consider and evaluate the data and
information presented to it under subdivision 5 in presenting its findings and
recommendations.
Subd. 5. Data and analysis. The commissioner of the Pollution Control
Agency shall analyze and report to the task force the environmental impacts of
purchasing plug-in hybrid electric vehicles for the state-owned vehicle fleet
and at penetration rates of ten percent, 25 percent, and 50 percent of all
motor vehicles registered in this state.
The analysis must compare, for plug-in hybrid electric vehicles and
current fleet vehicles, air emissions of sulfur dioxide, nitrogen oxides,
particulate matter less than 2.5 microns in width, volatile organic compounds,
and carbon dioxide.
Subd. 6. Expenses. Members of the task force are entitled to
reimbursement for expenses under Minnesota Statutes, section 15.059,
subdivision 6. Member reimbursements
shall be paid for by the commissioner of commerce.
Subd. 7. Staff. The state agencies represented on the
commission shall provide staff support.
Subd. 8. Report. The task force shall present its findings
and recommendations in a report to the chairs of the senate and house of
representatives committees with primary jurisdiction over energy policy and
state government operations by April 1, 2007.
Subd. 9. Expiration. The task force expires on June 30, 2008.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to transportation; requiring
language that the state will purchase plug-in hybrid electric vehicles when
commercially available to be inserted in certain bid documents; creating a task
force."
With the recommendation that when so amended the bill pass.
The report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with Senate Concurrent Resolution No. 8, H. F. No. 3718 was re‑referred
to the Committee on Rules and Legislative Administration.
Paulsen
from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 3855, A bill for an act relating to veterans;
authorizing the placement of a plaque in the Court of Honor on the Capitol
grounds honoring Minnesota's recipients of the Congressional Medal of Honor.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Knoblach
from the Committee on Ways and Means to which was referred:
H. F. No.
4162, A bill for an act relating to state government financing; making
deficiency and supplemental appropriations.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. DEFICIENCY
AND SUPPLEMENTAL APPROPRIATIONS.
The
appropriations in this act are added to or, if shown in parentheses, subtracted
from the appropriations enacted into law by the legislature in 2005, or other
specified law, to the named agencies and for the specified programs or
activities. The sums shown are
appropriated from the general fund, or another named fund, to be available for the
fiscal years indicated: 2006 is the fiscal year ending June 30, 2006; 2007 is
the fiscal year ending June 30, 2007; and the biennium is fiscal years 2006 and
2007. Deficiency and supplemental
appropriations and reductions to appropriations for the fiscal year ending June
30, 2006, are effective the day following final enactment.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Sec. 2.
BOARD OF REGENTS $5,000,000
To the Board of Regents of
the University of Minnesota for the purposes of section 28. This appropriation is for academic programs
supporting the University of Minnesota - Rochester, including faculty, staff,
and program planning and development in the areas of biomedical technologies,
engineering, and computer technologies, health care administration, and allied
health programs; ongoing operations of industrial liaison activities; and
operation of leased facilities. This
appropriation is in addition to the appropriation in Laws 2005, chapter 107,
article 1, section 4, subdivision 2. The
funding base for activities related to section 28 is $5,000,000 for fiscal year
2008 and $6,330,000 for fiscal year 2009.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Sec. 3. BOARD OF TRUSTEES 100,000
To the Board of Trustees of the Minnesota State
Colleges and Universities to facilitate the provision of assistance to veterans
at Minnesota State Colleges and Universities campuses under Minnesota Statutes,
section 197.585, if enacted.
Sec. 4. EMPLOYMENT
AND ECONOMIC DEVELOPMENT
Summary by Fund
General -0- 917,000
$467,000 in fiscal year 2007 is appropriated for a
grant to the BioBusiness Alliance of Minnesota, a nonprofit organization
representing Minnesota companies, colleges and universities, state government,
and health care institutions, for bioscience business development programs that
will grow and create bioscience jobs in the state and position Minnesota as a
global biobusiness leader. This is a
onetime appropriation.
$150,000 in fiscal year 2007 is appropriated for the
youthbuild program under Minnesota Statutes, sections 116L.361 to
116L.366. The base for this
appropriation is $75,000 in fiscal year 2008 and after.
$200,000 in fiscal year 2007 is appropriated for a
grant to the Summit Academy OIC for the 100 hard hats program. This is a onetime appropriation.
In fiscal year 2007, $100,000 is appropriated to the
commissioner of employment and economic development for the direct and indirect
expenses of the collaborative research partnership between the University of
Minnesota and the Mayo Foundation for research in biotechnology and medical
genomics. This is a onetime
appropriation.
An annual report on the expenditure of this
appropriation must be submitted to the governor and the chairs of the senate
Higher Education Budget Division, the house of representatives Higher Education
Finance Committee, the senate Environment, Agriculture, and Economic
Development Budget Division, and the house of representatives Jobs and Economic
Opportunity Policy and Finance Committee by June 30 of each fiscal year until
the appropriation is expended. This
appropriation is available until expended.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Sec. 5.
BOXING COMMISSION
General
Fund -0- 50,000
$50,000 in fiscal year 2007
is appropriated to the Minnesota Boxing Commission established in sections 36
to 51 for the purposes of operating and administering the commission. This is a onetime appropriation. The budget base for the Boxing Commission
shall be $50,000 in fiscal year 2008 and $50,000 in fiscal year 2009. These appropriations are from the special
revenue fund.
By December 15, 2006, the
commission must submit a report to the governor and the legislature setting forth
a fee schedule that raises sufficient revenues to make the commission
self-supporting beginning July 1, 2007.
Sec. 6. COMMISSIONER OF HUMAN SERVICES; HEALTH
PROGRAMS
Subdivision 1. Total
Appropriation 33,370,000 49,763,000
Summary by
Fund
General 33,370,000 49,763,000
Subd.
2. Health Care Grants
Medical
Assistance Basic Health Care - Families and Children
General -0- (2,625,000)
Subd.
3. Health Care Management
Health Care
Administration
General -0- 419,000
Subd.
4. Continuing Care Grants
Medical
Assistance Long-term Care Facilities
General -0- 1,818,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
$30,000 in fiscal year 2007 is for a temporary rate
increase equivalent to six percent of the operating rate in effect on July 1,
2006, for a day training and habilitation provider in Meeker County providing
services to up to 110 individuals. This
rate increase shall be in effect only until June 30, 2007.
The commissioner of human services shall review the
appropriateness of per diem rates for day training and habilitation services,
including the reasonableness of rates paid to lower cost providers, and report
the results to the legislature by January 15, 2007.
Subd. 5. State-Operated
Services
General 33,370,000 50,151,000
MINNESOTA SECURITY HOSPITAL. For the purposes of
enhancing the safety of the public, improving supervision, and enhancing
community-based mental health treatment, state-operated services may establish
additional community capacity for providing treatment and supervision of
clients who have been ordered into a less restrictive alternative of care from
the state-operated services transition services program consistent with
Minnesota Statutes, section 246.014.
STATE-OPERATED SERVICES BASE
ADJUSTMENT. The general fund base for state-operated services is
increased by $8,699,000 in fiscal year 2008 and decreased by $925,000 in fiscal
year 2009.
Sec.
7. COMMISSIONER
OF HUMAN SERVICES; CHILDREN AND ECONOMIC ASSISTANCE PROGRAMS
Subdivision 1. Total Appropriation (370,000) 4,768,000
Summary by Fund
General (7,854,000) (15,343,000)
Federal TANF 7,484,000 20,111,000
TANF MAINTENANCE OF EFFORT. Notwithstanding Laws 2005,
First Special Session chapter 4, article 9, section 2, subdivision 1, the
commissioner shall ensure that for fiscal year 2007, the maintenance of effort
used by the commissioner of finance for the February and November
forecasts required under
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Minnesota Statutes, section
16A.103, contains expenditures under the TANF/MOE rider in Laws 2005, First
Special Session chapter 4, article 9, section 2, subdivision 1, equal to at
least 21 percent of the total required under Code of Federal Regulations, title
45, section 263.1.
INCREASE WORKING FAMILY CREDIT EXPENDITURES TO BE CLAIMED FOR TANF/MOE. In addition
to the amounts provided in Laws 2005, First Special Session chapter 4, article
9, section 2, subdivision 1, the commissioner may count the following amounts
of working family credit expenditures as TANF/MOE:
(1) fiscal year 2006, $9,858,000;
(2) fiscal year 2007, $5,785,000;
(3) fiscal year 2008, $24,936,000; and
(4) fiscal year 2009, $23,653,000.
Notwithstanding any section
to the contrary, this paragraph sunsets June 30, 2009.
TANF APPROPRIATION FOR WORKING FAMILY CREDIT. $5,151,000
in fiscal year 2007 is appropriated from federal TANF funds to the commissioner
of human services. These funds shall be
transferred to the commissioner of revenue to deposit into the general fund for
the working family credit under Minnesota Statutes, section 290.0671. This is a onetime appropriation.
Subd.
2. Children and Economic Assistance Grants
Summary by
Fund
General (7,854,000) (15,343,000)
Federal
TANF 7,484,000 14,960,000
(a)
MFIP-DWP Grants
General (7,484,000) 7,484,000
Federal
TANF 7,484,000 (7,484,000)
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
(b) MFIP Child Care Assistance Grants
General -0- 62,000
CHILD CARE ABSENT DAY LIMITS.
$62,000 in fiscal year 2007 is appropriated from the general fund to
the commissioner of human services for the MFIP/transition year child care
program for the purposes of Minnesota Statutes, section 119B.13, subdivision
7. The general fund base for MFIP child
care assistance grants under Minnesota Statutes, section 119B.05, is increased
by $103,000 in fiscal year 2008 and by $102,000 in fiscal year 2009.
INCREASE TANF TRANSFER TO FEDERAL CHILD CARE AND DEVELOPMENT FUND. In addition
to the TANF amounts provided in Laws 2005, First Special Session chapter 4,
article 9, section 2, subdivisions 3 and 4, $2,317,000 in fiscal year 2008 and
$1,027,000 in fiscal year 2009 is appropriated to the commissioner for the
purposes of MFIP/transition year child care under Minnesota Statutes, section
119B.05, and shall be added to the base for fiscal years 2008 and 2009. The commissioner shall authorize transfer of
sufficient TANF funds to the federal child care and development fund to meet
this appropriation and shall ensure that all transferred funds are expended
according to the federal child care and development fund regulations. Notwithstanding any law to the contrary, this
paragraph shall not sunset.
BASIC SLIDING FEE CHILD CARE ASSISTANCE GRANTS.
General -0- 46,000
CHILD CARE ABSENT DAY LIMITS.
$46,000 in fiscal year 2007 is appropriated from the general fund to
the commissioner of human services for the basic sliding fee child care program
for the purposes of Minnesota Statutes, section 119B.13, subdivision 7. The general fund base for basic sliding fee
child care grants under Minnesota Statutes, section 119B.03, is increased by
$76,000 in fiscal year 2008 and by $78,000 in fiscal year 2009.
CHILDREN AND COMMUNITY SERVICES GRANTS.
General -0- (22,444,000)
Federal
TANF -0- 22,444,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
TANF TRANSFER TO SOCIAL
SERVICES BLOCK GRANT. $22,444,000 in fiscal year
2007 is appropriated to the commissioner to be transferred to the state's
federal social services block grant for the purposes of providing services for
families with children whose incomes are at or below 200 percent of the federal
poverty guidelines. The funds shall be
distributed to counties for the children and community services grants
according to the formula for the state appropriations in Minnesota Statutes,
chapter 256M. This is a onetime
appropriation. Notwithstanding any law
to the contrary, this paragraph sunsets June 30, 2007.
The fiscal year 2007 children and community services
grants general fund appropriation under Laws 2005, First Special Session
chapter 4, article 9, section 2, subdivision 4, paragraph (h), is reduced by
$22,444,000. The general fund base for
children and community services grants is increased by $22,444,000 in fiscal
year 2008 and $22,444,000 in fiscal year 2009.
OTHER CHILDREN AND ECONOMIC
ASSISTANCE GRANTS.
General (370,000) (491,000)
MINNESOTA FOOD ASSISTANCE
PROGRAM. The general fund appropriations for the
Minnesota Food Assistance Program under Minnesota Statutes, section 256D.053,
are reduced by $370,000 in fiscal year 2006 and $491,000 in fiscal year 2007.
Sec. 8. COMMISSIONER OF HEALTH
Subdivision 1. Total Appropriation -0- 1,000,000
Subd. 2. Health Protection
Summary by Fund
General -0- 1,000,000
PANDEMIC INFLUENZA
PREPAREDNESS. $1,000,000 from the general fund is for preparation,
planning, and response to an outbreak of influenza. The base for this is $1,000,000 in fiscal
years 2008 and 2009 and $0 in 2010 and thereafter.
Sec. 9. VETERANS NURSING HOMES BOARD
General 2,448,000 3,433,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
BASE ADJUSTMENT. The general fund base is
increased by $3,945,000 in fiscal year 2008 and $3,945,000 in fiscal year 2009
for the Veterans Homes Board.
Sec. 10. HEALTH-RELATED BOARDS
State Government
Special Revenue 500,000 500,000
Board of Medical Practice 500,000 500,000
This increase is to cover higher than expected costs
of investigation and legal action. This
is a onetime appropriation.
Sec. 11. VETERANS AFFAIRS 3,000,000
Subdivision 1. State soldiers' assistance fund
$2,300,000 is appropriated in fiscal year 2007 to
the commissioner of veterans affairs to be deposited in the state soldiers'
assistance fund established in Minnesota Statutes, section 197.03. The appropriations in this subdivision are in
addition to other appropriations made to the commissioner of veterans affairs.
Subd. 2. Centralized Web Site for Veterans
Services
$100,000 is appropriated in fiscal year 2007 to the
commissioner of veterans affairs to fund a veterans service coordinator and a
veterans information officer within the Department of Veterans Affairs, whose
mission is to create a centralized Web site containing information on all
state, federal, local, and private agencies and organizations that provide
goods or services to veterans or their families. Prior to encumbering funds from the
appropriation in this subdivision, the commissioner must adhere to the
provisions of Minnesota Statutes, section 16E.03.
Subd.
3. County Veterans Service Officers Service Enhancement Grants
$100,000 is appropriated in fiscal year 2007 to the
commissioner of veterans affairs to provide grants to counties for enhancing
the benefits, programs, and services they provide to veterans. The commissioner, in consultation with the
County Veterans Service Officers' Association, shall establish grants based on
objective benchmarks and standards established by the commissioner. A county
may not reduce its veterans service office budget by any
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
amount received as a grant under this section. This grant program is in addition to grants
made under Minnesota Statutes, section 197.608.
This funding may be utilized to assist counties in consolidating their
county veterans services offices into bi-county or multicounty service offices.
Subd. 4. Higher Education Veterans Assistance
Offices
$500,000 is appropriated in fiscal year 2007 for the
veterans assistance offices under Minnesota Statutes, section 197.585. The commissioner must, in consultation with
the Office of Higher Education, determine the most appropriate method of
allocating this appropriation to align with the needs of the students at
Minnesota state colleges and universities, private colleges, and the University
of Minnesota who are veterans. Methods
may include, but are not limited to, providing grants for veteran work-study
positions and providing central liaison and coordination staff from a veteran
pool as needed to enhance the ability of higher education institutions to be
responsive to students who are veterans.
The commissioner shall designate a liaison who is a veteran to the
University of Minnesota and a liaison who is a veteran to the private colleges
and universities in Minnesota for the purposes of Minnesota Statutes, section
197.585.
Sec. 12. BOARD OF JUDICIAL STANDARDS 172,000 -0-
In fiscal year 2006, $172,000 is appropriated to the
Board on Judicial Standards for costs of special hearings and an investigation
regarding complaints of judicial misconduct.
This is a onetime appropriation and is available until June 30, 2007.
Sec. 13. PUBLIC SAFETY
Subdivision 1. Total Appropriation 284,000 1,200,000
These appropriations are added to appropriations in
Laws 2005, chapter 136, article 1, section 9.
The amounts that may be spent from this appropriation for each program
are specified in subdivisions 2 and 3.
Subd. 2. Emergency Management 284,000 -0-
The fiscal year 2006 appropriation is to provide
matching funds for FEMA funds received for natural disaster assistance
payments. This appropriation is
available on the day after enactment and is available until June 30, 2007. This is a onetime appropriation.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Subd.
3. Criminal Apprehension -0- 1,200,000
$1,000,000 in fiscal year
2007 is to create a child pornography investigative unit to assist law
enforcement throughout the state. The
base for this activity shall be $778,000 in fiscal year 2008 and each year
thereafter.
$200,000 is for the
enhancement of the predatory offender database to facilitate public
notification of noncompliant sex offenders via the Internet. The base for this activity shall be $116,000
in fiscal year 2008 and fiscal year 2009.
Sec. 14.
CORRECTIONS
Subdivision 1. Total
Appropriations 2,088,000 8,025,000
These amounts are added to
the appropriations in Laws 2005, chapter 136, article 1, section 13.
Subd. 2. Correctional
Institutions 1,588,000 6,775,000
Subd. 3. Community
Services 500,000 1,250,000
Sec. 15.
BOARD OF ANIMAL HEALTH
227,000 360,000
To the Board of Animal
Health to eliminate bovine tuberculosis from cattle herds in Minnesota. This is a onetime appropriation.
Sec. 16.
AGRICULTURE 40,000 128,000
Subdivision 1. Livestock
Depredation and Crop Damage 40,000 53,000
To the Department of
Agriculture to make compensation payments for livestock depredation and crop
damage.
Subd. 2. Renewable
Energy -0- 75,000
To the Department of
Agriculture for handling increased renewable energy inquiries.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Sec. 17.
DEPARTMENT OF NATURAL
RESOURCES
Subdivision 1. Bovine
Tuberculosis 88,000 132,000
To the Department of Natural
Resources for bovine tuberculosis and diagnosis to diminish the risk of disease
transmission in domestic livestock. This
is a onetime appropriation.
Subd. 2. Invasive
Species -0- 261,000
To the Department of Natural
Resources for prevention and control of harmful invasive species.
Subd. 3. Corps
Campsites
$200,000 in fiscal year 2007
is from the state park account in the natural resources fund for operation of
recreational sites under the jurisdiction of the U.S. Army Corps of Engineers
at Big Sandy Lake, Leech Lake, Gull Lake, Cross Lake, Winnibigoshish Lake, and
Pokegama Lake. These sites shall be
managed as state recreation areas in accordance with Minnesota Statutes,
section 86A.05, subdivision 3.
Sec. 18.
WATER QUALITY APPROPRIATIONS
Subdivision 1. General
Provisions
The appropriations in this
section are from the general fund and are available for the fiscal year ending
June 30, 2007. Unless otherwise
specified in this section, these appropriations do not cancel and remain
available until June 30, 2007.
Appropriations in this section that are encumbered under contract,
including grant contract, on or before June 30, 2007, are available until June
30, 2009. All appropriations in this
section are onetime.
Subd. 2. Pollution
Control Agency -0- 4,620,000
To the Pollution Control
Agency for the purposes stated:
(1) $1,450,000 for statewide
assessment of surface water quality and trends; and
(2) $3,170,000 is available
to develop TMDL's and TMDL implementation plans for waters listed on the United
States Environmental Protection Agency approved 2004 impaired waters list. Of this appropriation, up to $1,740,000 is
available for grants or contracts to develop TMDL's.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Subd. 3. Department
of Agriculture -0- 1,500,000
To the Department of
Agriculture for the purposes stated:
(1) $1,000,000 is for the
agricultural best management practices loan program. This appropriation remains available until
spent. Of this amount, $800,000 is for
pass-through to local governments and lenders for low-interest loans to
producers and rural landowners;
(2) $300,000 is available to
expand technical assistance to producers and conservation professionals on
nutrient and pasture management, target practices to sources of water
impairments, coordinate federal and state farm conservation programs to fully
utilize federal conservation funds, and expand conservation planning assistance
for producers. Of this amount, $100,000
is available for grants or contracts to develop nutrient and conservation
planning assistance information materials; and
(3) $200,000 is available
for research, evaluation, and effectiveness monitoring of agricultural
practices in restoring impaired waters.
Subd. 4. Board
of Water and Soil Resources -0- 3,400,000
To the Board of Water and
Soil Resources for restoration and prevention actions. All of the money appropriated in this
subdivision as grants to local governments will be administered through the
Board of Water and Soil Resources' local water resources protection and
management program under Minnesota Statutes, section 103B.3369:
(1) $875,000 is for targeted
nonpoint restoration cost-share and incentive payments. Of these amounts, up to $775,000 in fiscal
year 2007 is available for grants;
(2) $1,575,000 is for
targeted nonpoint restoration technical, compliance, and engineering assistance
activities. Up to $1,375,000 in fiscal
year 2007 is available for grants;
(3) $200,000 in fiscal year
2007 is for reporting and evaluation of applied soil and water conservation
practices;
(4) $250,000 is for grants
for implementation of county individual sewage treatment system programs; and
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
(5) $500,000 is for grants to support local nonpoint
source protection activities related to lake and river protection and
management.
Subd. 5. Department of Natural Resources -0- 480,000
To the Department of Natural Resources for the
purposes stated:
(1) $280,000 in fiscal year 2007 is for statewide
assessment of surface water quality and trends; and
(2) $200,000 is available for restoration of
impaired waters and actions to prevent waters from becoming impaired. Of these amounts, up to $150,000 in fiscal
year 2007 is available for grants and contracts for forest stewardship planning
and implementation and for research, compliance, and monitoring.
Sec. 19. LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES -0- 275,000
To the Legislative-Citizen Commission on Minnesota
Resources, for administration from the environment and natural resources trust
fund, as provided in Minnesota Statutes, section 116P.09, subdivision 5. This is a onetime appropriation.
The fiscal year 2006 appropriation for
administration under Laws 2005, First Special Session chapter 1, article 2,
section 11, subdivision 3, is for the Legislative Commission on Minnesota
Resources or its successor commission, as provided in Minnesota Statutes,
section 15.039, subdivision 6.
Sec. 20. Minnesota Statutes 2004, section 3.737,
subdivision 1, is amended to read:
Subdivision 1. Compensation
required. (a) Notwithstanding
section 3.736, subdivision 3, paragraph (e), or any other law, a livestock
owner shall be compensated by the commissioner of agriculture for livestock
that is destroyed by a gray wolf or is so crippled by a gray wolf that it must
be destroyed. Except as provided in
this section, the owner is entitled to the fair market value of the
destroyed livestock as determined by the commissioner, upon recommendation of a
university extension agent or a conservation officer. In any calendar year, a livestock owner
may not be compensated for a destroyed animal claim that is less than $100 in
value and may be compensated up to $20,000 per claim, as determined under this
section. In any calendar year, the
commissioner may provide compensation for claims filed pursuant to this section
and section 3.7371 to a total of $100,000 for both programs combined.
(b) Either
the agent or the conservation officer must make a personal inspection of the
site. The agent or the conservation
officer must take into account factors in addition to a visual identification
of a carcass when making a recommendation to the commissioner. The commissioner, upon recommendation of the
agent or conservation officer,
shall determine whether the livestock was destroyed by a gray wolf and any
deficiencies in the owner's adoption of the best management practices developed
in subdivision 5. The commissioner may
authorize payment of claims only if the agent or the conservation officer has
recommended payment. The owner shall
file a claim on forms provided by the commissioner and available at the
university extension agent's office.
Sec.
21. Minnesota Statutes 2004, section
3.7371, subdivision 3, is amended to read:
Subd.
3. Compensation. The crop owner is entitled to the target
price or the market price, whichever is greater, of the damaged or destroyed
crop plus adjustments for yield loss determined according to agricultural
stabilization and conservation service programs for individual farms, adjusted
annually, as determined by the commissioner, upon recommendation of the county
extension agent for the owner's county.
The commissioner, upon recommendation of the agent, shall determine
whether the crop damage or destruction is caused by elk and, if so, the amount
of the crop that is damaged or destroyed.
In any calendar year, a crop owner may not be compensated for a damaged
or destroyed crop that is less than $100 in value and may be compensated up to
$20,000, as determined under this section, if normal harvest procedures for the
area are followed. In any calendar
year, the commissioner may provide compensation for claims filed pursuant to
this section and section 3.737 to a total of $100,000 for both programs
combined.
Sec.
22. [4.51]
EXPENSES OF GOVERNOR-ELECT.
This
section applies after a state general election in which a person who is not the
current governor is elected to take office as the next governor. The commissioner of administration must
request a transfer from the general fund contingent account of an amount equal
to 1.5 percent of the amount appropriated for operation of the Office of the
Governor and Lieutenant Governor for the current fiscal year. This request is subject to the review and
advice of the Legislative Advisory Commission pursuant to section 3.30. If the transfer is approved, the commissioner
of administration must make this amount available to the governor-elect before
he or she takes office. The commissioner
must provide office space for the governor-elect and for any employees the
governor-elect hires.
Sec.
23. Minnesota Statutes 2004, section
16A.152, subdivision 1b, is amended to read:
Subd.
1b. Budget
reserve increase. On July 1, 2003,
the commissioner of finance shall transfer $300,000,000 to the budget reserve
account in the general fund. On July 1,
2004, the commissioner of finance shall transfer $296,000,000 to the budget
reserve account in the general fund. On
July 1, 2006, the commissioner of finance shall transfer $1,000,000 from the
budget reserve account in the general fund to the cash flow account in the
general fund. The amounts necessary
for this purpose are appropriated from the general fund.
EFFECTIVE DATE. This section is effective the day after
final enactment.
Sec.
24. Minnesota Statutes 2005 Supplement,
section 16A.152, subdivision 2, is amended to read:
Subd.
2. Additional
revenues; priority. (a) If on the
basis of a forecast of general fund revenues and expenditures, the commissioner
of finance determines that there will be a positive unrestricted budgetary
general fund balance at the close of the biennium, the commissioner of finance
must allocate money to the following accounts and purposes in priority order:
(1) the cash
flow account established in subdivision 1 until that account reaches $350,000,000
$351,000,000;
(2) the
budget reserve account established in subdivision 1a until that account reaches
$653,000,000 $652,000,000;
(3)
the amount necessary to increase the aid payment schedule for school district
aids and credits payments in section 127A.45 to not more than 90 percent
rounded to the nearest tenth of a percent without exceeding the amount
available and with any remaining funds deposited in the budget reserve; and
(4) the
amount necessary to restore all or a portion of the net aid reductions under
section 127A.441 and to reduce the property tax revenue recognition shift under
section 123B.75, subdivision 5, paragraph (c), and Laws 2003, First Special
Session chapter 9, article 5, section 34, as amended by Laws 2003, First
Special Session chapter 23, section 20, by the same amount.
(b) The
amounts necessary to meet the requirements of this section are appropriated
from the general fund within two weeks after the forecast is released or, in
the case of transfers under paragraph (a), clauses (3) and (4), as necessary to
meet the appropriations schedules otherwise established in statute.
(c) To the
extent that a positive unrestricted budgetary general fund balance is
projected, appropriations under this section must be made before section
16A.1522 takes effect.
(d) The
commissioner of finance shall certify the total dollar amount of the reductions
under paragraph (a), clauses (3) and (4), to the commissioner of education. The commissioner of education shall increase
the aid payment percentage and reduce the property tax shift percentage by
these amounts and apply those reductions to the current fiscal year and
thereafter.
EFFECTIVE DATE. This section is effective the day after
final enactment.
Sec.
25. Minnesota Statutes 2005 Supplement,
section 35.05, is amended to read:
35.05 AUTHORITY OF STATE BOARD.
(a) The
state board may quarantine or kill any domestic animal infected with, or which
has been exposed to, a contagious or infectious dangerous disease if it is
necessary to protect the health of the domestic animals of the state.
(b) The
board may regulate or prohibit the arrival in and departure from the state of
infected or exposed animals and, in case of violation of any rule or
prohibition, may detain any animal at its owner's expense. The board may regulate or prohibit the
importation of domestic animals which, in its opinion, may injure the health of
Minnesota livestock.
(c) When
the governor declares an emergency under section 35.0661, the board, through
its executive director, may assume control of such resources within the
University of Minnesota's Veterinary Diagnostic Laboratory as necessary to
effectively address the disease outbreak.
The director of the laboratory and other laboratory personnel must
cooperate fully in performing necessary functions related to the outbreak or
threatened outbreak.
(d) The
board may test or require tests of any bovine or cervidae in the state when the
board deems it necessary to achieve or maintain bovine tuberculosis accredited
free state or zone status under the regulations and laws administered by the
United States Department of Agriculture.
(e) Rules
adopted by the board under authority of this chapter must be published in the
State Register.
Sec.
26. Minnesota Statutes 2005 Supplement,
section 119B.13, subdivision 7, is amended to read:
Subd.
7. Absent
days. (a) Child care
providers may not be reimbursed for more than 25 full-day absent days
per child, excluding holidays, in a fiscal year, or for more than ten
consecutive full-day absent days, unless the child has a documented
medical condition that causes more frequent absences. Documentation of medical conditions must
be on the forms and submitted according to the timelines established by the
commissioner. If a child attends for
part of the time authorized to be in care in a day, but is absent for part of
the time authorized to be in care in that same day, the absent time will be
reimbursed but the time will not count toward the ten consecutive or 25
cumulative absent day limits. If a child
attends part of an authorized day, payment to the provider must be for the full
amount of care authorized for that day.
Child care providers may only be reimbursed for absent days if the
provider has a written policy for child absences and charges all other families
in care for similar absences.
(b) Child
care providers must be reimbursed for up to ten federal or state holidays or
designated holidays per year when the provider charges all families for these
days and the holiday or designated holiday falls on a day when the child is
authorized to be in attendance. Parents
may substitute other cultural or religious holidays for the ten recognized
state and federal holidays. Holidays do
not count toward the ten consecutive or 25 cumulative absent day limits.
(c) A
family or child care provider may not be assessed an overpayment for an absent
day payment unless (1) there was an error in the amount of care authorized for
the family, (2) all of the allowed full-day absent payments for the child have
been paid, or (3) the family or provider did not timely report a change as
required under law.
(d) The
provider and family must receive notification upon initial authorization for
services and ongoing notification of the number of absent days used as of the
date of the notification.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec.
27. Minnesota Statutes 2004, section
137.022, subdivision 4, is amended to read:
Subd.
4. Mineral
research; scholarships. (a) All
income credited after July 1, 1992, to the permanent university fund from
royalties for mining under state mineral leases from and after July 1, 1991,
must be allocated as provided in this subdivision.
(b)(1)
Fifty percent of the income, up to $25,000,000 $50,000,000, must
be credited to the mineral research account of the fund to be allocated for the
Natural Resources Research Institute-Duluth and Coleraine facilities, for
mineral and mineral-related research including mineral-related environmental
research; and
(2) The
remainder must be credited to the endowed scholarship account of the fund for
distribution annually for scholastic achievement as provided by the Board of
Regents to undergraduates enrolled at the University of Minnesota who are
resident students as defined in section 136A.101, subdivision 8.
(c) The
annual distribution from the endowed scholarship account must be allocated to
the various campuses of the University of Minnesota in proportion to the number
of undergraduate resident students enrolled on each campus.
(d) The
Board of Regents must report to the education committees of the legislature
biennially at the time of the submission of its budget request on the
disbursement of money from the endowed scholarship account and to the
environment and natural resources committees on the use of the mineral research
account.
(e) Capital
gains and losses and portfolio income of the permanent university fund must be
credited to its three accounts in proportion to the market value of each
account.
(f) The
endowment support from the income and capital gains of the endowed mineral
research and endowed scholarship accounts of the fund must not total more than
six percent per year of the 36-month trailing average market value of the
account from which the support is derived.
Sec.
28. Minnesota Statutes 2004, section
137.17, subdivision 1, is amended to read:
Subdivision
1. Establish. The Board of Regents may establish a school
of professional and graduate studies as a nonresidential branch campus of
the University of Minnesota, in Rochester, to serve the educational
needs of working adults and other nontraditional students in
southeastern Minnesota. The campus shall
be a joint partnership of the University of Minnesota with Rochester Community
and Technical College, and Winona State University. and to foster the
economic goals of the region and the state.
The legislature intends that the University of Minnesota expand higher
education offerings in Rochester. It is
the intent of the legislature that this be achieved in part by developing new
and strengthening existing partnerships with higher education institutions in
Rochester and the region in which the state already has a significant investment.
The Board
of Trustees of the Minnesota State Colleges and Universities shall cooperate to
achieve the foregoing.
Sec.
29. Minnesota Statutes 2004, section
137.17, subdivision 3, is amended to read:
Subd.
3. Missions. The legislature intends that the mission
of the expanded education offerings in Rochester be congruent with the
university's unique core mission of teaching, research, and outreach in order
to support the educational needs and economic development of this region and
the state. The legislature recognizes
that the distinctiveness of each of the partner higher education institutions
in Rochester must be maintained to achieve success in serving the higher
education needs of the community and the economic goals of the state. Further, the legislature intends that the
University of Minnesota and the other partner institutions avoid duplicative
offerings of courses and programs.
Therefore, the University of Minnesota, Winona State University, and Rochester
Community and Technical College shall develop jointly a statement of missions,
roles, and responsibilities for the programs and services at Rochester which
shall be submitted to the legislature by January 30, 2000, and any time
thereafter that the missions, roles, and responsibilities change.
Sec.
30. [197.585]
HIGHER EDUCATION VETERANS ASSISTANCE OFFICES.
(a) If
there is a need as determined by the commissioner of veterans affairs, each
campus of the University of Minnesota and each institution within the Minnesota
State Colleges and Universities system shall provide adequate space for a
veterans assistance office to be administered by the Department of Veterans
Affairs, and each private college and university in Minnesota is requested to
provide adequate space for a veterans assistance office to be administered by
the Department of Veterans Affairs. The
veterans assistance office must provide information and assistance to veterans
who are students or family members of students at the school so that they know
what state, federal, local, and private resources are available to them.
(b) By January 15 each year the commissioner
shall report to the chairs of the house and senate committees having purview
over veterans affairs policy and finance, regarding the implementation and
effectiveness of this section. The
report must address all relevant issues raised in writing to the commissioner
by those chairs by August 1 of the preceding year.
(c) This section expires at the end of the first
fiscal year in which the number of veterans enrolled in Minnesota public
institutions of higher education is fewer than 4,000, but no later than June
30, 2012.
Sec.
31. Minnesota Statutes 2004, section
256.01, subdivision 18, is amended to read:
Subd.
18. Immigration
status verifications. (a) Notwithstanding
any waiver of this requirement by the secretary of the United States Department
of Health and Human Services, effective July 1, 2001, the commissioner shall
utilize the Systematic Alien Verification for Entitlements (SAVE) program to
conduct immigration status verifications:
(1)
as required under United States Code, title 8, section 1642;
(2) for all
applicants for food assistance benefits, whether under the federal food stamp
program, the MFIP or work first program, or the Minnesota food assistance
program;
(3) for all
applicants for general assistance medical care, except assistance for an
emergency medical condition, for immunization with respect to an immunizable
disease, or for testing and treatment of symptoms of a communicable disease,
and nonfederally funded MinnesotaCare; and
(4) for all
applicants for general assistance, Minnesota supplemental aid, medical
assistance, federally funded MinnesotaCare, or group residential housing,
when the benefits provided by these programs would fall under the definition of
"federal public benefit" under United States Code, title 8, section
1642, if federal funds were used to pay for all or part of the benefits.
(b) The
commissioner shall comply with the reporting requirements under United States
Code, title 42, section 611a, and any federal regulation or guidance adopted
under that law.
Sec.
32. Minnesota Statutes 2004, section
256.01, is amended by adding a subdivision to read:
Subd. 18a. Reporting
undocumented immigrants. The
commissioner shall require all employees of the state and counties to make a
written report to the United States Citizenship and Immigration Service (USCIS)
for any violation of federal immigration law by any applicant for medical
assistance under chapter 256B, general assistance medical care under chapter
256D, or MinnesotaCare under chapter 256L, that is discovered by the
employee. Employees do not need an
applicant's written authorization to contact USCIS.
Sec.
33. Minnesota Statutes 2004, section
256B.431, is amended by adding a subdivision to read:
Subd. 43. Rate
increase for facilities in Stearns, Sherburne, and Benton Counties. Effective July 1, 2006, operating payment
rates of nursing facilities in Stearns, Sherburne, and Benton Counties that are
reimbursed under this section, section 256B.434, or section 256B.441 shall be
increased to be equal, for a RUG's rate with a weight of 1.00, to the
geographic group III median rate for the same RUG's weight. The percentage of the operating payment rate
for each facility to be case-mix adjusted shall be equal to the percentage that
is case-mix adjusted in that facility's June 30, 2006, operating payment
rate. This subdivision shall apply only
if it results in a rate increase.
Increases provided by this subdivision shall be added to the rate
determined under any new reimbursement system established under section
256B.440.
Sec.
34. Minnesota Statutes 2004, section
256J.021, is amended to read:
256J.021 SEPARATE STATE PROGRAM FOR USE OF STATE
MONEY.
Beginning (a) Until October 1,
2001, and each year thereafter 2006, the commissioner of human
services must treat MFIP expenditures made to or on behalf of any minor child
under section 256J.02, subdivision 2, clause (1), who is a resident of this
state under section 256J.12, and who is part of a two-parent eligible household
as expenditures under a separately funded state program and report those
expenditures to the federal Department of Health and Human Services as separate
state program expenditures under Code of Federal Regulations, title 45, section
263.5.
(b)
Beginning October 1, 2006, the commissioner of human services must treat MFIP
expenditures made to or on behalf of any minor child under section 256J.02,
subdivision 2, clause (1), who is a resident of this state under section
256J.12, and who is part of a two-parent eligible household as expenditures
under a separately funded state program.
These expenditures shall not count toward the state's maintenance of
effort (MOE) requirements under the federal
Temporary Assistance to Needy Families (TANF) program except if counting
certain families would allow the commissioner to avoid a federal penalty. Families receiving assistance under this
section must comply with all applicable requirements in this chapter.
Sec. 35. Minnesota Statutes 2004, section 256J.626,
subdivision 2, is amended to read:
Subd.
2. Allowable
expenditures. (a) The commissioner
must restrict expenditures under the consolidated fund to benefits and services
allowed under title IV-A of the federal Social Security Act. Allowable expenditures under the consolidated
fund may include, but are not limited to:
(1)
short-term, nonrecurring shelter and utility needs that are excluded from the
definition of assistance under Code of Federal Regulations, title 45, section
260.31, for families who meet the residency requirement in section 256J.12,
subdivisions 1 and 1a. Payments under
this subdivision are not considered TANF cash assistance and are not counted
towards the 60-month time limit;
(2)
transportation needed to obtain or retain employment or to participate in other
approved work activities;
(3) direct
and administrative costs of staff to deliver employment services for MFIP or
the diversionary work program, to administer financial assistance, and to
provide specialized services intended to assist hard-to-employ participants to
transition to work;
(4) costs
of education and training including functional work literacy and English as a
second language;
(5) cost of
work supports including tools, clothing, boots, and other work-related
expenses;
(6) county
administrative expenses as defined in Code of Federal Regulations, title 45,
section 260(b);
(7)
services to parenting and pregnant teens;
(8)
supported work;
(9) wage
subsidies;
(10) child
care needed for MFIP or diversionary work program participants to participate
in social services;
(11) child
care to ensure that families leaving MFIP or diversionary work program will
continue to receive child care assistance from the time the family no longer
qualifies for transition year child care until an opening occurs under the
basic sliding fee child care program; and
(12)
services to help noncustodial parents who live in Minnesota and have minor
children receiving MFIP or DWP assistance, but do not live in the same
household as the child, obtain or retain employment.
(b)
Administrative costs that are not matched with county funds as provided in
subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a
tribe's allocation under this section.
The commissioner shall define administrative costs for purposes of this
subdivision.
(c) The
commissioner may waive the cap on administrative costs for a county or tribe
that elects to provide an approved supported employment, unpaid work, or community
work experience program for a major segment of the county's or tribe's MFIP
population. The county or tribe must
apply for the waiver on forms provided by the commissioner. In no case shall total administrative costs
exceed the TANF limits.
Sec.
36. [341.21]
DEFINITIONS.
Subdivision
1. Applicability. The
definitions in this section apply to this chapter.
Subd. 2. Boxing. "Boxing" means the act of attack
and defense with the fists, using padded gloves, that is practiced as a sport
under the rules of the World Boxing Association, the World Boxing Council, the
International Boxing Federation, or equivalent.
Boxing includes tough person contests.
Subd. 3. Commission. "Commission" means the Minnesota
Boxing Commission.
Subd. 4. Contest. "Contest" means any boxing
contest, match, or exhibition.
Subd. 5. Professional. "Professional" means any person
who competes for any money prize or a prize that exceeds the value of $50 or
teaches, pursues, or assists in the practice of boxing as a means of obtaining
a livelihood or pecuniary gain.
Subd. 6. Director. "Director" means the executive
director of the commission.
Subd. 7. Tough
person contest. "Tough
person contest" means any boxing match consisting of one-minute rounds
between two or more persons who use their hands or their feet, or both, in any
manner. Tough person contest does not
include kick boxing, any recognized martial arts competition, or boxing as
defined in subdivision 2.
Sec.
37. [341.22]
BOXING COMMISSION.
There is hereby
created the Minnesota Boxing Commission, consisting of five members who are
citizens of this state. The members
shall be appointed by the governor and subject to the advice and consent of the
senate. One member of the commission
shall be a retired judge of the Minnesota District Court, Minnesota Court of
Appeals, Minnesota Supreme Court, the United States District Court for the
District of Minnesota, or the Eighth Circuit Court of Appeals; one member shall
be a public member; and three members shall be involved in the boxing
industry. At least two of the members
must be women, if possible. Membership
terms, compensation of members, removal of members, the filling of membership
vacancies, and fiscal year and reporting requirements shall be as provided in
sections 214.07 to 214.09. The provision
of staff, administrative services, and office space; the review and processing
of complaints; the setting of fees; and other provisions relating to commission
operations shall be as provided in chapter 214.
The purpose of the commission is to protect health, promote safety, and
ensure fair events.
Sec.
38. [341.23]
LIMITATIONS.
No member
of the boxing commission shall directly or indirectly promote any boxing or
directly or indirectly engage in the managing of any boxer or fighter or be
interested in any manner in the proceeds from any boxing match.
Sec.
39. [341.24]
EXECUTIVE DIRECTOR.
The
governor may appoint, and at pleasure remove, an executive director and
prescribe the powers and duties of the office.
The executive director shall not be a member of the commission. The commission may employ personnel necessary
to the performance of its duties.
Sec.
40. [341.25]
RULES.
(a) The
commission may adopt rules that include standards for the physical examination
and condition of boxers and referees.
(b)
The commission may adopt other rules necessary to carry out the purposes of
this chapter, including, but not limited to, the conduct of boxing exhibitions,
bouts, and fights, and their manner, supervision, time, and place.
Sec.
41. [341.26]
MEETINGS.
The
commission shall hold a regular meeting quarterly and in addition may hold
special meetings. Except as otherwise
provided in law, all meetings of the commission shall be open to the public and
reasonable notice of the meetings shall be given under chapter 13D.
Sec.
42. [341.27]
COMMISSION DUTIES.
The
commission shall:
(1) issue,
deny, renew, suspend, or revoke licenses;
(2) make
and maintain records of its acts and proceedings including the issuance,
denial, renewal, suspension, or revocation of licenses;
(3) keep
public records of the commission open to inspection at all reasonable times;
(4) assist
the director in the development of rules to be implemented under this chapter;
and
(5) conform
to the rules adopted under this chapter.
Sec.
43. [341.28]
REGULATION OF BOXING CONTESTS.
Subdivision
1. Regulatory authority; boxing. All boxing contests are subject to this
chapter. Every contestant in a boxing
contest shall wear padded gloves that weigh at least eight ounces. The commission shall, for every boxing
contest:
(1) direct
a commission member to be present; and
(2) direct
the attending commission member to make a written report of the contest.
All boxing
contests within this state shall be conducted according to the requirements of
this chapter.
Subd. 2. Regulatory
authority; tough person contests.
All tough person contests, including amateur tough person contests,
are subject to this chapter. Every
contestant in a tough person contest shall wear padded gloves that weigh at
least 12 ounces.
Sec.
44. [341.29]
JURISDICTION OF COMMISSION.
The
commission shall:
(1) have
sole direction, supervision, regulation, control, and jurisdiction over all
boxing contests and tough person contests held within this state unless a
contest is exempt from the application of this chapter under federal law;
(2) have
sole control, authority, and jurisdiction over all licenses required by this
chapter; and
(3)
grant a license to an applicant if, in the judgment of the commission, the
financial responsibility, experience, character, and general fitness of the
applicant are consistent with the public interest, convenience, or necessity
and the best interests of boxing and conforms with this chapter and the
commission's rules.
Sec.
45. [341.30]
LICENSURE; PERSONS REQUIRED TO OBTAIN LICENSES; REQUIREMENTS; BACKGROUND
INFORMATION; FEE; BOND.
Subdivision
1. Licensure; individuals.
All referees, judges, matchmakers, promoters, trainers, ring
announcers, timekeepers, ringside physicians, boxers, boxers' managers, and
boxers' seconds are required to be licensed by the commission. The commission shall not permit any of these
persons to participate in the holding or conduct of any boxing contest unless
the commission has first issued the person a license.
Subd. 2. Entity
licensure. Before
participating in the holding or conduct of any boxing contest, a corporation,
partnership, limited liability company, or other business entity organized and existing
under law, its officers and directors, and any person holding 25 percent or
more of the ownership of the corporation shall obtain a license from the
commission and must be authorized to do business under the laws of this state.
Subd. 3. Background
investigation. The commission
shall require referees, judges, matchmakers, promoters, and boxers to furnish
fingerprints and background information under commission rules before
licensure. The commission shall charge a
fee for receiving fingerprints and background information in an amount
determined by the commission. The
commission may require referees, judges, matchmakers, promoters, and boxers to
furnish fingerprints and background information before license renewal if the
commission determines that the fingerprints and background information are
desirable or necessary. The fee may
include a reasonable charge for expenses incurred by the commission and, if the
commission requests a criminal history background check from the superintendent
of the Bureau of Criminal Apprehension, must be sufficient to recover the cost
to the bureau of a background check. The
portion of a fee that is collected to recover the cost to the bureau of a
background check is appropriated to the commission for the purpose of reimbursing
the bureau for the cost of the background check.
Subd. 4. Prelicensure
requirements. (a) Before the
commission issues a license to a promoter, matchmaker, corporation, or other
business entity, the applicant shall:
(1) provide
the commission with a copy of any agreement between a contestant and the
applicant which binds the applicant to pay the contestant a certain fixed fee
or percentage of the gate receipts;
(2) show on
the application the owner or owners of the applicant entity and the percentage
of interest held by each owner holding a 25 percent or more interest in the
applicant;
(3) provide
the commission with a copy of the latest financial statement of the entity; and
(4) provide
the commission with a copy or other proof acceptable to the commission of the
insurance contract or policy required by this chapter.
(b) Before
the commission issues a license to a promoter, the applicant shall deposit with
the commission a cash bond or surety bond in an amount set by the
commission. The bond shall be executed
in favor of this state and shall be conditioned on the faithful performance by
the promoter of the promoter's obligations under this chapter and the rules
adopted under it.
(c) Before
the commission issues a license to a boxer, the applicant shall submit to the
commission the results of a current medical examination on forms furnished or
approved by the commission. The medical
examination must include an ophthalmological and neurological examination. The ophthalmological exam must be designed to
detect any retinal defects or other damage or condition of the eye that could
be aggravated by boxing. The
neurological examination
must include an electroencephalogram or medically superior test if the boxer
has been knocked unconscious in a previous boxing or other athletic
competition. The commission may also
order an electroencephalogram or other appropriate neurological or physical
exam before any contest, match, or exhibition if it determines that the
examination is desirable to protect the health of the boxer.
Sec.
46. [341.31]
SIMULCAST LICENSES.
The
commission shall issue a license to a person or organization holding, showing,
or exhibiting a simultaneous telecast of any live, current, or spontaneous
boxing or sparring match on a closed circuit telecast or subscription
television program viewed within the state, whether originating in this state
or elsewhere, and for which a charge is made.
Each person or organization shall apply for such a license in advance of
each showing. No showing may be licensed
unless the person or organization applying for the license:
(1)
certifies that the match is subject to the jurisdiction and regulation of a
boxing or athletic regulatory authority in another state or country;
(2)
certifies the match is in compliance with the requirements of the authority;
(3)
identifies the authority; and
(4)
provides any information the commission may require.
Sec.
47. [341.32]
LICENSE FEES; EXPIRATION; RENEWAL.
Subdivision
1. Annual licensure. The
commission may establish and issue annual licenses subject to the collection of
advance fees by the commission for: promoters, matchmakers, managers, judges,
referees, ring announcers, ringside physicians, timekeepers, boxers, boxers'
trainers, boxers' seconds, business entities filing for a license to
participate in the holding of any boxing contest, and officers, directors, or
other persons affiliated with the business entity.
Subd. 2. Expiration
and renewal. A license
expires December 31 at midnight in the year of its issuance and may be renewed
on filing an application for renewal of a license with the commission and
payment of the license fee required in subdivision 1. An application for a license and renewal of a
license shall be on a form provided by the commission. There is a 30-day grace period during which a
license may be renewed if a late filing penalty fee equal to the license fee is
submitted with the regular license fee.
A licensee that files late shall not conduct any activity regulated by
this chapter until the commission has renewed the license. If the licensee fails to apply to the
commission within the 30-day grace period, the licensee must apply for a new
license under subdivision 1.
Sec.
48. [341.321]
FEE SCHEDULE.
The fee schedule
for licenses issued by the Minnesota Boxing Commission is as follows:
(1)
referees, $35 for each initial license and each renewal;
(2)
promoters, $400 for each initial license and each renewal;
(3) judges,
$25 for each initial license and each renewal;
(4)
trainers, $35 for each initial license and each renewal;
(5) ring
announcers, $25 for each initial license and each renewal;
(6)
boxers' seconds, $25 for each initial license and each renewal;
(7)
timekeepers, $25 for each initial license and each renewal; and
(8) boxers,
$35 for each initial license and each renewal.
The
commissioner shall also collect a promoter fee of $1,500 per event.
All fees
collected by the Minnesota Boxing Commission must be deposited in an account in
the special revenue fund. Other than
initial startup costs, the commission must be funded only from proceeds of
these fees.
Sec.
49. [341.33]
CONTESTANTS AND REFEREES; PHYSICAL EXAMINATION; ATTENDANCE OF PHYSICIAN;
PAYMENT OF FEES.
Subdivision
1. Examination by physician.
All boxers and referees shall be examined by a physician licensed by
this state within three hours before entering the ring, and the examining
physician shall immediately file with the commission a written report of the
examination. The physician's examination
shall report on the condition of the boxer's heart and general physical and
neurological condition. The physician's
report may record the condition of the boxer's nervous system and brain as
required by the commission. The
physician may prohibit the boxer from entering the ring if, in the physician's
professional opinion, it is in the best interest of the boxer's health. The cost of the examination is payable by the
person or entity conducting the contest or exhibition.
Subd. 2. Attendance
of physician. Every person
holding or sponsoring any boxing contest shall have in attendance at every
boxing contest a physician licensed by this state. The commission may establish a schedule of
fees to be paid to each attending physician by the person holding or sponsoring
the contest.
Sec.
50. [341.34]
INSURANCE.
Subdivision
1. Required insurance. The
commission shall:
(1) require
insurance coverage for a boxer to provide for medical, surgical, and hospital
care for injuries sustained in the ring in an amount of at least $100,000 with
$25 deductible and payable to the boxer as beneficiary; and
(2) require
life insurance for a boxer in the amount of at least $50,000 payable in case of
accidental death resulting from injuries sustained in the ring.
Subd. 2. Payment
for insurance. The cost of
the insurance required by this section is payable by the promoter.
Sec.
51. [341.35]
PENALTIES FOR NONLICENSED EXHIBITIONS.
Any person
or persons who send or cause to be sent, published, or otherwise made known,
any challenge to fight what is commonly known as a prize fight, or engage in
any public boxing or sparring match, with or without gloves, for any prize,
reward or compensation, or for which any admission fee is charged directly or
indirectly, or go into training preparatory for such fight, exhibition, or
contest, or act as a trainer, aider, abettor, backer, umpire, referee, second,
surgeon, assistant, or attendant at such fight, exhibition, or contest, or in
any preparation for same, and any owner or lessee of any ground, building, or
structure of any kind permitting the same to be used for any fight, exhibition,
or contest, is guilty of a misdemeanor unless a license for the holding of the
fight, exhibition, or contest has been issued by the commission in compliance
with the rules adopted by it.
Sec.
52. LABOR
AGREEMENTS AND COMPENSATION PLANS.
Subdivision
1. American Federation of State, County and Municipal Employees. The labor agreement between the state
of Minnesota and the American Federation of State, County and Municipal
Employees, Council 5, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on September 14, 2005, is ratified.
Subd. 2. Minnesota
Association of Professional Employees.
The labor agreement between the state of Minnesota and the
Minnesota Association of Professional Employees, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on September 14,
2005, is ratified.
Subd. 3. Middle
Management Association. The
labor agreement between the state of Minnesota and the Middle Management
Association, approved by the Legislative Coordinating Commission Subcommittee
on Employee Relations on November 7, 2005, is ratified.
Subd. 4. Minnesota
state college faculty. The
labor agreement between the state of Minnesota and the Minnesota state college
faculty, approved by the Legislative Coordinating Commission Subcommittee on
Employee Relations on November 7, 2005, is ratified.
Subd. 5. American
Federation of State, County and Municipal Employees. The labor agreement between the state of
Minnesota and the American Federation of State, County and Municipal Employees,
Council 5, Unit 8, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on November 7, 2005, is ratified.
Subd. 6. Managerial
plan. The managerial plan,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on November 7, 2005, is ratified.
Subd. 7. Commissioner's
plan. The commissioner of
employee relations' plan for unrepresented employees, approved by the
Legislative Coordinating Commission Subcommittee on Employee Relations on
November 7, 2005, is ratified.
Subd. 8. Minnesota
Government Engineers Council. The
labor agreement between the state of Minnesota and the Minnesota Government
Engineers Council, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on January 10, 2006, is ratified.
Subd. 9. State
Residential Schools Education Association. The labor agreement between the state of
Minnesota and the State Residential Schools Education Association, approved by
the Legislative Coordinating Commission Subcommittee on Employee Relations on
January 10, 2006, is ratified.
Subd. 10. Interfaculty
Organization. The labor
agreement between the state of Minnesota and the Interfaculty Organization,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on January 10, 2006, is ratified.
Subd. 11. Minnesota
State University Association of Administrative and Service Faculty. The labor agreement between the state of
Minnesota and the Minnesota State University Association of Administrative and
Service Faculty, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on January 10, 2006, is ratified.
Subd. 12. Office
of Higher Education. The
compensation plan for unrepresented employees of the Office of Higher
Education, approved by the Legislative Coordinating Commission Subcommittee on
Employee Relations on January 10, 2006, is ratified.
Subd.
13.
Subd. 14. State
Board of Investment. The
salary administration plan for the Minnesota State Board of Investment,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on March 1, 2006, is ratified.
Subd. 15. Managerial
plan amendment. The amendment
to the managerial plan, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on March 1, 2006, is ratified.
Subd. 16. Commissioner's
plan amendment. The amendment
to the commissioner's plan, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on March 1, 2006, is ratified.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec.
53. TRANSFER;
TAX RELIEF ACCOUNT.
In fiscal
year 2006, the balance in the tax relief account in Minnesota Statutes, section
16A.1522, subdivision 4, estimated to be $316,716,000, is canceled to the
general fund.
EFFECTIVE DATE. This section is effective the day after
final enactment.
Sec.
54. TRANSFER.
On June 30,
2006, the commissioner of finance shall transfer the balances in the tobacco
use prevention and local public health endowment fund and the medical education
endowment fund to the general fund.
These balances result from investment income credited to the funds after
the transfer of balances on July 1, 2003.
The amount transferred under this section is estimated to be $2,933,000.
Sec.
55. REVISOR'S
INSTRUCTION.
The revisor
of statutes shall correct internal cross-references to sections that are
affected by section 56. The revisor may
make changes necessary to correct the punctuation, grammar, or structure of the
remaining text and preserve its meaning.
Sec.
56. REPEALER.
Minnesota
Statutes 2004, sections 62J.694; and 144.395, are repealed."
Delete the
title and insert:
"A bill
for an act relating to the financing of state government; making supplemental
appropriations; regulating government operations; providing for and modifying
certain programs; providing for a Rochester campus of the University of
Minnesota; creating the Boxing Commission and regulating boxing; ratifying
certain labor agreements and compensation plans; providing criminal penalties;
appropriating money; amending Minnesota Statutes 2004, sections 3.737,
subdivision 1; 3.7371, subdivision 3; 16A.152, subdivision 1b; 137.022,
subdivision 4; 137.17, subdivisions 1, 3; 256.01, subdivision 18, by adding a
subdivision; 256B.431, by adding a subdivision; 256J.021; 256J.626, subdivision
2; Minnesota Statutes 2005 Supplement, sections 16A.152, subdivision 2; 35.05;
119B.13, subdivision 7; proposing coding for new law in Minnesota Statutes,
chapters 4; 197; 341; repealing Minnesota Statutes 2004, sections 62J.694; 144.395."
With the
recommendation that when so amended the bill pass.
The report was adopted.
Ozment
from the Committee on Agriculture, Environment and Natural Resources Finance to
which was referred:
S. F. No. 762, A bill for an act relating to the environment;
creating the Clean Water Legacy Act; providing authority, direction, and
funding to achieve and maintain water quality standards for Minnesota's surface
waters in accordance with section 303(d) of the federal Clean Water Act;
appropriating money; amending Laws 2005, chapter 20, article 1, section 39;
proposing coding for new law in Minnesota Statutes, chapter 446A; proposing
coding for new law as Minnesota Statutes, chapter 114D.
Reported the same back with the following amendments to the
unofficial engrossment:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 103C.501, subdivision 5, is amended to
read:
Subd. 5. Contracts by districts. (a) A district board may contract on a
cost-share basis to furnish financial aid to a land occupier or to a state
agency for permanent systems for erosion or sedimentation control or water
quality improvement that are consistent with the district's comprehensive and
annual work plans.
(b) The duration of the contract may must, at a
minimum, be the time required to complete the planned systems. A contract must specify that the land
occupier is liable for monetary damages, not to exceed the and
penalties in an amount of up to 150 percent of the financial
assistance received from the district, for failure to complete the systems or
practices in a timely manner or maintain the systems or practices as specified
in the contract.
(c) A contract may provide for cooperation or funding with
federal agencies. A land occupier or
state agency may provide the cost-sharing portion of the contract through
services in kind.
(d) The state board or the district board may not furnish any
financial aid for practices designed only to increase land productivity.
(e) When a district board determines that long-term
maintenance of a system or practice is desirable, the board may require that
such maintenance be made a covenant upon the land for the effective life of the
practice. A covenant under this
subdivision shall be construed in the same manner as a conservation restriction
under section 84.65.
Sec. 2. [114D.05] CITATION.
This chapter may be cited as the "Clean Water Legacy
Act."
Sec. 3. [114D.10] LEGISLATIVE PURPOSE AND
FINDINGS.
Subdivision 1.
Purpose. The purpose of the Clean Water Legacy Act
is to protect, restore, and preserve the quality of Minnesota's surface waters
by providing authority, direction, and resources to achieve and maintain water
quality standards for surface waters as required by section 303(d) of the
federal Clean Water Act, United States Code, title 33, section 1313(d), and
applicable federal regulations.
Subd. 2. Findings. The legislature finds that:
(1) there is a close link between protecting, restoring, and
preserving the quality of Minnesota's surface waters and the ability to develop
the state's economy, enhance its quality of life, and protect its human and
natural resources;
(2)
achieving the state's water quality goals will require long-term commitment and
cooperation by all state and local agencies, and other public and private
organizations and individuals, with responsibility and authority for water
management, planning, and protection; and
(3) all persons and organizations whose activities affect the
quality of waters, including point and nonpoint sources of pollution, have a
responsibility to participate in and support efforts to achieve the state's
water quality goals.
Sec. 4. [114D.15] DEFINITIONS.
Subdivision 1.
Application. The definitions provided in this section
apply to the terms used in this chapter.
Subd. 2. Citizen monitoring. "Citizen monitoring" means
monitoring of surface water quality by individuals and nongovernmental
organizations that is consistent with section 115.06, subdivision 4, and
Pollution Control Agency guidance on monitoring procedures, quality assurance
protocols, and data management.
Subd. 3. Clean Water Council. "Clean Water Council" or
"council" means the Clean Water Council created pursuant to section
114D.30, subdivision 1.
Subd. 4. Federal TMDL requirements. "Federal TMDL requirements"
means the requirements of section 303(d) of the Clean Water Act, United States
Code, title 33, section 1313(d), and associated regulations and guidance.
Subd. 5. Impaired water. "Impaired water" means surface
water that does not meet applicable water quality standards.
Subd. 6. Public agencies. "Public agencies" means all
state agencies, political subdivisions, joint powers organizations, and special
purpose units of government with authority, responsibility, or expertise in
protecting, restoring, or preserving the quality of surface waters, managing or
planning for surface waters and related lands, or financing waters-related
projects. Public agencies includes the
University of Minnesota and other public education institutions.
Subd. 7. Restoration. "Restoration" means actions,
including effectiveness monitoring, that are taken to achieve and maintain
water quality standards for impaired waters in accordance with a TMDL that has
been approved by the United States Environmental Protection Agency under
federal TMDL requirements.
Subd. 8. Surface waters. "Surface waters" means waters of
the state as defined in section 115.01, subdivision 22, excluding groundwater
as defined in section 115.01, subdivision 6.
Subd. 9. Third-party TMDL. "Third-party TMDL" means a TMDL
by the Pollution Control Agency that is developed in whole or in part by a
qualified public entity other than the Pollution Control Agency consistent with
the goals, policies, and priorities in section 114D.20.
Subd. 10. Total maximum daily load or TMDL. "Total maximum daily load" or
"TMDL" means a scientific study that contains a calculation of the
maximum amount of a pollutant that may be introduced into a surface water and
still ensure that applicable water quality standards for that water are
restored and maintained. A TMDL also is
the sum of the pollutant load allocations for all sources of the pollutant,
including a wasteload allocation for point sources, a load allocation for
nonpoint sources and natural background, an allocation for future growth of
point and nonpoint sources, and a margin of safety to account for uncertainty
about the relationship between pollutant loads and the quality of the receiving
surface water. "Natural background" means characteristics of the
water body resulting from the multiplicity of factors in nature, including
climate and ecosystem dynamics, that affect the physical, chemical, or
biological conditions in a water body, but does not include measurable and
distinguishable pollution that is attributable to human activity or
influence. A TMDL must take into account
seasonal variations.
Subd.
11.
Subd. 12. Water quality standards. "Water quality standards" for
Minnesota surface waters are found in Minnesota Rules, chapters 7050 and 7052.
Sec. 5. [114D.20] IMPLEMENTATION; COORDINATION;
GOALS; POLICIES; AND PRIORITIES.
Subdivision 1.
Coordination and cooperation. In implementing this chapter, public
agencies and private entities shall take into consideration the relevant
provisions of local and other applicable water management, conservation, land
use, land management, and development plans and programs. Public agencies with authority for local
water management, conservation, land use, land management, and development
plans shall take into consideration the manner in which their plans affect the
implementation of this chapter. Public
agencies shall identify opportunities to participate and assist in the
successful implementation of this chapter, including the funding or technical
assistance needs, if any, that may be necessary. In implementing this chapter, public agencies
shall endeavor to engage the cooperation of organizations and individuals whose
activities affect the quality of surface waters, including point and nonpoint
sources of pollution, and who have authority and responsibility for water
management, planning, and protection. To
the extent practicable, public agencies shall endeavor to enter into formal and
informal agreements and arrangements with federal agencies and departments to
jointly utilize staff and educational, technical, and financial resources to
deliver programs or conduct activities to achieve the intent of this chapter,
including efforts under the federal Clean Water Act and other federal farm and
soil and water conservation programs.
Nothing in this chapter affects the application of silvicultural
exemptions under any federal, state, or local law or requires silvicultural
practices more stringent than those recommended in the timber harvesting and
forest management guidelines adopted by the Minnesota Forest Resources Council
under section 89A.05.
Subd. 2. Goals for implementation. The following goals must guide the
implementation of this chapter:
(1) to identify impaired waters in accordance with federal TMDL
requirements within ten years after the effective date of this section and
thereafter to ensure continuing evaluation of surface waters for impairments;
(2) to submit TMDL's to the United States Environmental
Protection Agency for all impaired waters in a timely manner in accordance with
federal TMDL requirements;
(3) to set a reasonable time for implementing restoration of
each identified impaired water;
(4) to provide assistance and incentives to prevent waters
from becoming impaired and to improve the quality of waters which are listed as
impaired but have no approved TMDL addressing the impairment;
(5) to promptly seek the delisting of waters from the
impaired waters list when those waters are shown to achieve the designated uses
applicable to the waters; and
(6) to achieve compliance with federal Clean Water Act
requirements in Minnesota.
Subd. 3. Implementation policies. The following policies must guide the
implementation of this chapter:
(1) develop regional and watershed TMDL's and TMDL
implementation plans, and TMDL's and TMDL implementation plans for multiple
pollutants, where reasonable and feasible;
(2)
maximize use of available organizational, technical, and financial resources to
perform sampling, monitoring, and other activities to identify impaired waters,
including use of citizen monitoring and citizen monitoring data used by the
Pollution Control Agency in assessing water quality must meet the requirements
in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
Pollution Control Agency (2003);
(3) maximize opportunities for restoration of impaired
waters, by prioritizing and targeting of available programmatic, financial, and
technical resources and by providing additional state resources to complement
and leverage available resources;
(4) use existing regulatory authorities to achieve
restoration for point and nonpoint sources of pollution where applicable, and
promote the development and use of effective nonregulatory measures to address
pollution sources for which regulations are not applicable;
(5) use restoration methods that have a demonstrated
effectiveness in reducing impairments and provide the greatest long-term
positive impact on water quality protection and improvement and related
conservation benefits while incorporating innovative approaches on a
case-by-case basis;
(6) identify for the legislature any innovative approaches
that may strengthen or complement existing programs;
(7) identify and encourage implementation of measures to
prevent waters from becoming impaired and to improve the quality of waters that
are listed as impaired but have no approved TMDL addressing the impairment
using the best available data and technology, and establish and report
outcome-based performance measures that monitor the progress and effectiveness
of protection and restoration measures; and
(8) monitor and enforce cost-sharing contracts and impose
monetary damages in an amount up to 150 percent of the financial assistance
received for failure to comply.
Subd. 4. Priorities for identifying impaired
waters. The Pollution Control
Agency, in accordance with federal TMDL requirements, shall set priorities for
identifying impaired waters, giving consideration to:
(1) waters where impairments would pose the greatest
potential risk to human or aquatic health; and
(2) waters where data developed through public agency or
citizen monitoring or other means, provides scientific evidence that an
impaired condition exists.
Subd. 5. Priorities for preparation of TMDL's. The Clean Water Council shall recommend
priorities for scheduling and preparing TMDL's and TMDL implementation plans,
taking into account the severity of the impairment, the designated uses of
those waters, and other applicable federal TMDL requirements. In recommending priorities, the council shall
also give consideration to waters and watersheds:
(1) with impairments that pose the greatest potential risk to
human health;
(2) with impairments that pose the greatest potential risk to
threatened or endangered species;
(3) with impairments that pose the greatest potential risk to
aquatic health;
(4) where other public agencies and participating
organizations and individuals, especially local, basinwide, watershed, or
regional agencies or organizations, have demonstrated readiness to assist in
carrying out the responsibilities, including availability and organization of
human, technical, and financial resources necessary to undertake the work; and
(5)
where there is demonstrated coordination and cooperation among cities,
counties, watershed districts, and soil and water conservation districts in
planning and implementation of activities that will assist in carrying out the
responsibilities.
Subd. 6. Priorities for restoration of impaired
waters. In implementing
restoration of impaired waters, in addition to the priority considerations in
subdivision 5, the Clean Water Council shall give priority in its
recommendations for restoration funding from the clean water legacy account to
restoration projects that:
(1) coordinate with and utilize existing local authorities
and infrastructure for implementation;
(2) can be implemented in whole or in part by providing
support for existing or ongoing restoration efforts;
(3) most effectively leverage other sources of restoration
funding, including federal, state, local, and private sources of funds;
(4) show a high potential for early restoration and delisting
based upon scientific data developed through public agency or citizen
monitoring or other means; and
(5) show a high potential for long-term water quality and
related conservation benefits.
Subd. 7. Priorities for funding prevention
actions. The Clean Water
Council shall apply the priorities applicable under subdivision 6, as far as
practicable, when recommending priorities for funding actions to prevent waters
from becoming impaired and to improve the quality of waters that are listed as
impaired but have no approved TMDL.
Sec. 6. [114D.25] ADMINISTRATION; POLLUTION
CONTROL AGENCY.
Subdivision 1.
General duties and
authorities. (a) The
Pollution Control Agency, in accordance with federal TMDL requirements, shall:
(1) identify impaired waters and propose a list of the waters
for review and approval by the United States Environmental Protection Agency;
(2) develop and approve TMDL's for listed impaired waters and
submit the approved TMDL's to the United State Environmental Protection Agency
for final approval; and
(3) propose to delist waters from the Environmental
Protection Agency impaired waters list.
(b) A TMDL must include a statement of the facts and
scientific data supporting the TMDL and a list of potential implementation
options, including a range of estimates of the cost of implementation and
individual wasteload data for any point sources addressed by the TMDL.
(c) The implementation information need not be sent to the
United States Environmental Protection Agency for review and approval.
Subd. 2. Administrative procedures for TMDL
approval. The approval of a
TMDL by the Pollution Control Agency is a final decision of the agency for
purposes of section 115.05, and is subject to the contested case procedures of
sections 14.57 to 14.62 in accordance with agency procedural rules. The agency shall not submit an approved TMDL
to the United States Environmental Protection Agency until the time for
commencing judicial review has run or the judicial review process has been
completed. A TMDL is not subject to the
rulemaking requirements of chapter 14, including section 14.386.
Subd.
3.
Subd. 4. TMDL notice; contents. The Pollution Control Agency shall give
notice of its intention to submit a TMDL to the United States Environmental
Protection Agency. The notice must be
given by publication in the State Register and by United States mail to persons
who have registered their names with the agency. The notice must include either a copy of the
proposed TMDL or an easily readable and understandable description of its
nature and effect and an announcement of how free access to the proposed TMDL
can be obtained. In addition, the agency
shall make reasonable efforts to notify persons or classes of persons who may
be significantly affected by the TMDL by giving notice of its intention in
newsletters, newspapers, or other publications, or through other means of
communication. The notice must include a
statement informing the public:
(1) that the public has 30 days in which to submit comment in
support of or in opposition to the proposed TMDL and that comment is
encouraged;
(2) that each comment should identify the portion of the
proposed TMDL addressed, the reason for the comment, and any change proposed;
(3) of the manner in which persons must request a contested
case proceeding on the proposed TMDL;
(4) that the proposed TMDL may be modified if the
modifications are supported by the data and views submitted; and
(5) the date on which the 30-day comment period ends.
Subd. 5. Third-party TMDL development. The Pollution Control Agency may enter
into agreements with any qualified public agency setting forth the terms and
conditions under which that entity is authorized to develop a third-party
TMDL. In determining whether the public
agency is qualified to develop a third-party TMDL, the Pollution Control Agency
shall consider the technical and administrative qualifications of the public
agency, cost, and shall avoid any potential organizational conflict of
interest, as defined in section 16C.02, subdivision 10a, of the public agency
with respect to the development of the third-party TMDL. A third-party TMDL is subject to modification
and approval by the Pollution Control Agency, and must be approved by the
Pollution Control Agency before it is submitted to the United States
Environmental Protection Agency. The
Pollution Control Agency shall only consider authorizing the development of
third-party TMDL's consistent with the goals, policies, and priorities
determined under section 114D.20.
Sec. 7. [114D.30] CLEAN WATER COUNCIL.
Subdivision 1.
Creation; duties. A Clean Water Council is created to advise
the Pollution Control Agency and other implementing public agencies on the
administration and implementation of this chapter, and foster coordination and
cooperation as described in section 114D.20, subdivision 1. The council may also advise on the
development of appropriate processes for expert scientific review as described
in section 114D.35, subdivision 2. The
Pollution Control Agency shall provide administrative support for the council
with the support of other member agencies.
The members of the council shall elect a chair from the nonagency
members of the council.
Subd.
2.
(1) two members representing statewide farm organizations;
(2) two members representing business organizations;
(3) two members representing environmental organizations;
(4) one member representing soil and water conservation
districts;
(5) one member representing watershed districts;
(6) one member representing nonprofit organizations focused
on improvement of Minnesota lakes or streams;
(7) two members representing organizations of county
governments;
(8) two members representing organizations of city
governments;
(9) one member representing the Metropolitan Council
established under section 473.123;
(10) one member representing an organization of township
governments;
(11) one member representing the interests of tribal
governments; and
(12) two members representing statewide hunting
organizations.
In making
appointments, the governor must attempt to provide for geographic balance.
Subd. 3. Terms; compensation; removal. The initial terms of members representing
state agencies and the Metropolitan Council expire on the first Monday in
January, 2007. Thereafter, the terms of
members representing the state agencies and the Metropolitan Council are four
years and are coterminous with the governor.
The terms of other members of the council shall be as provided in
section 15.059, subdivision 2. Members may
serve until their successors are appointed and qualify. Compensation and removal of council members
is as provided in section 15.059, subdivisions 3 and 4. A vacancy on the council may be filled by the
appointing authority provided in subdivision 1 for the remainder of the
unexpired term.
Subd. 4. Implementation plan. The Clean Water Council shall prepare a
plan for implementation of this chapter.
The plan shall address general procedures and timeframes for
implementing this chapter, and shall include a more specific implementation work
plan for the next fiscal biennium and a framework for setting priorities to
address impaired waters consistent with section 114D.45, subdivisions 2 to
7. The council shall issue the first
implementation plan under this subdivision by December 1, 2006, and shall issue
a revised work plan by December 1 of each even-numbered year thereafter.
Subd. 5. Recommendations on appropriation of
funds. The Clean Water
Council shall recommend to the governor the manner in which money from the
clean water legacy account should be appropriated for the purposes identified
in section 114D.45, subdivision 3. The
council's recommendations must be consistent with the purposes, policies,
goals, and priorities in sections 114D.05 to 114D.35, and shall allocate
adequate support and resources to identify impaired waters, develop TMDL's,
develop TMDL implementation plans, implement restoration of impaired
waters, and provide assistance and incentives to prevent waters from becoming
impaired and improve the quality of waters which are listed as impaired but
have no approved TMDL. The council must
recommend methods of ensuring that awards of grants, loans, or other funds from
the clean water legacy account specify the outcomes to be achieved as a result
of the funding, and specify standards to hold the recipient accountable for
achieving the desired outcomes.
Subd. 6. Biennial report to legislature. By December 1 of each even-numbered year,
the council shall submit a report to the legislature on the activities for
which money has been or will be spent for the current biennium, the activities
for which money is recommended to be spent in the next biennium, and the impact
on economic development of the implementation of the impaired waters
program. The report due on December 1, 2014,
must include an evaluation of the progress made through June 30, 2014, in
implementing this chapter, the need for funding of future implementation of
those sections, and recommendations for the sources of funding.
Sec. 8. [114D.35] PUBLIC AND STAKEHOLDER
PARTICIPATION; SCIENTIFIC REVIEW; EDUCATION.
Subdivision 1.
Public and stakeholder
participation. Public
agencies and private entities involved in the implementation of this chapter
shall encourage participation by the public and stakeholders, including local
citizens, landowners and managers, and public and private organizations, in the
identification of impaired waters, in developing TMDL's, and in planning,
priority setting, and implementing restoration of impaired waters. In particular, the Pollution Control Agency
shall make reasonable efforts to provide timely information to the public and
to stakeholders about impaired waters that have been identified by the
agency. The agency shall seek broad and
early public and stakeholder participation in scoping the activities necessary
to develop a TMDL, including the scientific models, methods, and approaches to
be used in TMDL development, and to implement restoration pursuant to section
114D.15, subdivision 7.
Subd. 2. Expert scientific advice. The Clean Water Council and public agencies
and private entities shall make use of available public and private expertise
from educational, research, and technical organizations, including the
University of Minnesota and other higher education institutions, to provide
appropriate independent expert advice on models, methods, and approaches used
in identifying impaired waters, developing TMDL's, and implementing prevention
and restoration.
Subd. 3. Education. The Clean Water Council shall develop
strategies for informing, educating, and encouraging the participation of
citizens, stakeholders, and others regarding the identification of impaired
waters, development of TMDL's, development of TMDL implementation plans, and
implementation of restoration for impaired waters. Public agencies shall be responsible for
implementing the strategies.
Sec. 9. Minnesota
Statutes 2005 Supplement, section 116.182, subdivision 2, is amended to read:
Subd. 2. Applicability. This section governs the commissioner's
certification of projects seeking financial assistance under section 103F.725,
subdivision 1a; 446A.07; 446A.072; or 446A.073; 446A.074; or 446A.075.
Sec. 10. Minnesota
Statutes 2004, section 446A.051, is amended to read:
446A.051 PROJECT FINANCIAL
ASSISTANCE.
The authority shall assist eligible governmental units in
determining what grants or loans under sections 446A.06, grants
from one or more of the programs under sections 446A.073, 446A.074, and
446A.075, the total grant shall not exceed the greater of the maximum amount
from a single program or the amount the project could receive under section
446A.072. The authority shall review
the proposed financing for each project certified by the agency to ascertain
whether or not: (1) total financing of a project is assured; and (2) the
governmental unit's financial plan to pay for its portion of the project cost
is feasible. and
446A.07, 446A.072, 446A.073, 446A.074, 446A.075, and 446A.081 to apply
for to finance projects and the manner in which the governmental unit will pay
for its portion of the project cost. If
a project is eligible for
Sec. 11. Minnesota
Statutes 2005 Supplement, section 446A.073, is amended to read:
446A.073 TOTAL MAXIMUM DAILY
LOAD GRANTS.
Subdivision 1. Program established. When money is appropriated for grants under
this program, the authority must make grants to municipalities to cover up
to one-half the cost of wastewater treatment projects made necessary by
wasteload reductions under total maximum daily load plans required by section
303(d) of the federal Clean Water Act, United States Code, title 33, section
1313(d), or up to one-half of the additional project costs described in
subdivision 3, paragraph (b).
Subd. 2. Grant application. Application for a grant must be made to the
authority on forms prescribed by the authority for the total maximum daily load
grant program, with additional information as required by the authority,
including a project schedule and cost estimate for the work necessary to comply
with the point source wasteload allocation.
In accordance with section 116.182, the Pollution Control Agency shall:
(1) calculate the essential project component percentage,
which must be multiplied by the total project cost to determine the eligible
project cost; and
(2) review and certify approved projects to the authority.
Subd. 3. Project priorities. (a) When money is appropriated for
grants under this program, the authority shall accept applications from June
1 to June 30 and shall reserve money until June 30 of the following
fiscal year for projects in the order that:
(1) their total maximum daily load plan study
was approved by the United States Environmental Protection Agency and in an
amount based on their most recent cost estimates submitted to the authority or
the as-bid costs, whichever is less;
(2) their grant application is received by the authority; and
(3) have the greatest load reduction as determined by the
Pollution Control Agency.
(b) Any balances remaining after money is reserved for
projects in paragraph (a) may be reserved for projects on the Pollution Control
Agency's project priority list to cover additional costs associated with
wastewater disposal methods not requiring a National Pollutant Discharge
Elimination System permit where a new discharge to an impaired water is prohibited
due to the lack of total maximum daily load approval by the United States
Environmental Protection Agency.
(c) The authority shall reserve money for projects in an
amount based on the most recent cost estimates submitted to the authority or
the as-bid costs, whichever is less.
Subd.
4. Grant
approval. The authority must make a
grant to a municipality, as defined in section 116.182, subdivision 1, only
after:
(1) the commissioner of the Minnesota Pollution Control
Agency has certified to the United States Environmental Protection Agency a
total maximum daily load plan study for identified waters of this
state that includes a point source wasteload allocation, except for projects
described in subdivision 3, paragraph (b);
(2) the Environmental Protection Agency has approved the plan
total maximum daily load study, except for projects described in subdivision 3,
paragraph (b);
(3) a municipality affected by the plan has estimated the
cost to it of for which money is reserved has submitted as-bid costs for
its wastewater treatment projects necessary to comply with the point source
wasteload allocation;
(4) the Pollution Control Agency has approved the cost
estimate reviewed and certified the project to the authority; and
(5) the authority has determined that the additional
financing necessary to complete the project has been committed from other
sources.
Subd. 5. Grant disbursement. Disbursement of a grant must be made for
eligible project costs as incurred by the municipality and in accordance with a
project financing agreement and applicable state and federal laws and rules
governing the payments.
Subd. 6. Fees. The authority may charge the grant
recipient a fee for its administrative costs not to exceed one-half of one
percent of the grant amount, to be paid upon execution of the grant
agreement. Fees paid under this section
must be deposited in a separate TMDL program account in the special revenue
fund. Money in the TMDL program account
is appropriated to the authority for purposes of administering this section.
Sec. 12. [446A.074] CLEAN WATER LEGACY PHOSPHORUS
REDUCTION GRANTS.
Subdivision 1.
Creation of fund. The authority shall establish a clean
water legacy capital improvement fund and shall make grants from the fund as
provided in this section.
Subd. 2. Grants. The authority shall award grants from the
clean water legacy capital improvement fund to governmental units for the
capital costs of wastewater treatment facility projects or a portion thereof
that will reduce the discharge of total phosphorus from the facility to one
milligram per liter or less. A project
is eligible for a grant if it meets the following requirements:
(1) the applicable phosphorus discharge limit is incorporated
in a permit issued by the agency for the wastewater treatment facility on or
after March 28, 2000, the grantee agrees to comply with the applicable limit as
a condition of receiving the grant, or the grantee made improvements to a
wastewater treatment facility on or after March 28, 2000, that include
infrastructure to reduce the discharge of total phosphorus to one milligram per
liter or less;
(2) the governmental unit has submitted a facilities plan for
the project to the agency and a grant application to the authority on a form
prescribed by the authority; and
(3) the agency has approved the facilities plan, and
certified the eligible costs for the project to the authority.
Subd.
3.
Subd. 4. Grant amounts and priorities. (a) Priority must be given to projects
that start construction on or after July 1, 2006. If a facility's plan for a project is
approved by the agency before July 1, 2010, the amount of the grant is 75
percent of the eligible capital cost of the project. If a facility's plan for a project is
approved by the agency on or after July 1, 2010, the amount of the grant is 50
percent of the eligible capital cost of the project. Priority in awarding grants under this
paragraph must be based on the date of approval of the facility's plan for the
project.
(b) Projects that meet the eligibility requirements in
subdivision 2 and have started construction before July 1, 2006, are eligible
for grants to reimburse up to 75 percent of the eligible capital cost of the
project, less any amounts previously received in grants from other
sources. Application for a grant under
this paragraph must be submitted to the authority no later than June 30,
2008. Priority for award of grants under
this paragraph must be based on the date of agency approval of the facility
plan.
(c) In each fiscal year that money is available for grants,
the authority shall first award grants under paragraph (a) to projects that met
the eligibility requirements of subdivision 2 by May 1 of that year. The authority shall use any remaining money
available that year to award grants under paragraph (b). Grants that have been approved but not
awarded in a previous fiscal year carry over and must be awarded in subsequent
fiscal years in accordance with the priorities in this paragraph.
(d) Disbursements of grants under this section by the
authority to recipients must be made for eligible project costs as incurred by
the recipients, and must be made by the authority in accordance with the
project financing agreement and applicable state law.
Subd. 5. Fees. The authority may charge the grant
recipient a fee for its administrative costs not to exceed one-half of one
percent of the grant amount, to be paid upon execution of the grant agreement.
Sec. 13. [446A.075] SMALL COMMUNITY WASTEWATER
TREATMENT PROGRAM.
Subdivision 1.
Creation of fund. The authority shall establish a small
community wastewater treatment fund and shall make loans and grants from the
fund as provided in this section. Money
in the fund is annually appropriated to the authority and does not lapse. The fund shall be credited with all loan
repayments and investment income from the fund, and servicing fees assessed
under section 446A.04, subdivision 5.
The authority shall manage and administer the small community wastewater
treatment fund, and for these purposes, may exercise all powers provided in
this chapter.
Subd. 2. Loans and grants. (a) The authority shall award loans as
provided in paragraph (b) and grants as provided in paragraphs (c) and (d) to
governmental units from the small community wastewater treatment fund for
projects to replace noncomplying individual sewage treatment systems with a
community wastewater treatment system or systems meeting the requirements of
section 115.55. A governmental unit
receiving a loan or loan and grant from the fund shall own the community
wastewater treatment systems built under the program and shall be responsible,
either directly or through a contract with a private vendor, for all
inspections, maintenance, and repairs necessary to ensure proper operation of
the systems.
(b) Loans may be awarded for up to 100 percent of eligible
project costs as described in this section.
(c)
When the area to be served by a project has a median household income below the
state average median household income, the governmental unit may receive 50
percent of the funding provided under this section in the form of a grant. An applicant may submit income survey data
collected by an independent party if it believes the most recent United States
census does not accurately reflect the median household income of the area to be
served.
(d) If requested, a governmental unit receiving funding under
this section may receive a grant equal to ten percent of its first year's
award, up to a maximum of $30,000, to contract for technical assistance
services from the University of Minnesota Extension Service to develop the technical,
managerial, and financial capacity necessary to build, operate, and maintain
the systems.
Subd. 3. Project priority list. Governmental units seeking loans or loans
and grants from the small community wastewater treatment program shall first
submit a project proposal to the agency on a form prescribed by the
agency. A project proposal shall include
the compliance status for all individual sewage treatment systems in the
project area. The agency shall rank
project proposals on its project priority list used for the water pollution
control revolving fund under section 446A.07.
Subd. 4. Applications. Governmental units with projects on the
project priority list shall submit applications to the authority on forms
prescribed by the authority. The
application shall include:
(1) a list of the individual sewage treatment systems
proposed to be replaced over a period of up to three years;
(2) a project schedule and cost estimate for each year of the
project;
(3) a financing plan for repayment of the loan; and
(4) a management plan providing for the inspection,
maintenance, and repairs necessary to ensure proper operation of the systems.
Subd. 5. Awards. The authority shall award loans or loans
and grants as provided in subdivision 2 to governmental units with approved
applications based on their ranking on the agency's project priority list. The total amount awarded shall be based on
the estimated project costs for the portion of the project expected to be
completed within one year, up to an annual maximum of $500,000. For projects expected to take more than one
year to complete, the authority may make a multiyear commitment for a period
not to exceed three years, contingent on the future availability of funds. Each year of a multiyear commitment must be
funded by a separate loan or loan and grant agreement meeting the terms and
conditions in subdivision 6. A
governmental unit receiving a loan or loan and grant under a multiyear
commitment shall have priority for additional loan and grant funds in
subsequent years.
Subd. 6. Loan terms and conditions. Loans from the small community wastewater
treatment fund shall comply with the following terms and conditions:
(1) principal and interest payments must begin no later than
two years after the loan is awarded;
(2) loans shall carry an interest rate of one percent;
(3) loans shall be fully amortized within ten years of the
first scheduled payment or, if the loan amount exceeds $10,000 per household,
shall be fully amortized within 20 years but not to exceed the expected design
life of the system;
(4) a governmental unit receiving a loan must establish a
dedicated source or sources of revenues for repayment of the loan and must
issue a general obligation note to the authority for the full amount of the
loan; and
(5)
each property owner to be served by a community wastewater treatment system
under this program must provide an easement to the governmental unit to allow
access to the system for management and repairs.
Subd. 7. Special assessment deferral. (a) A governmental unit receiving a loan
under this section that levies special assessments to repay the loan may defer
payment of the assessments under the provisions of sections 435.193 to 435.195.
(b) A governmental unit that defers payment of special
assessments for one or more properties under paragraph (a) may request deferral
of that portion of the debt service on its loan, and the authority shall accept
appropriate amendments to the general obligation note of the governmental unit. If special assessment payments are later
received from properties that received a deferral, the funds received shall be
paid to the authority with the next scheduled loan payment.
Subd. 8. Eligible costs. Eligible costs for small community
wastewater treatment loans and grants shall include the costs of technical
assistance as provided in subdivision 2, paragraph (d), planning, design,
construction, legal fees, administration, and land acquisition.
Subd. 9. Disbursements. Loan and grant disbursements by the
authority under this section must be made for eligible project costs as
incurred by the recipients, and must be made in accordance with the project
loan or grant and loan agreement and applicable state law.
Subd. 10. Audits. A governmental unit receiving a loan under
this section must annually provide to the authority for the term of the loan a
copy of its annual independent audit or, if the governmental unit is not
required to prepare an independent audit, a copy of the annual financial
reporting form it provides to the state auditor.
Sec. 14. EFFECTIVE DATE.
Sections 1 to 13 are effective the day following final
enactment."
Delete the title and insert:
"A bill for an act relating to the environment;
modifying provisions for cost-sharing contracts for erosion control and water
management; creating the Clean Water Legacy Act; providing authority,
direction, and funding to achieve and maintain water quality standards
according to section 303(d) of the federal Clean Water Act; creating grant and
loan programs; appropriating money; amending the Minnesota Public Facilities
Authority Act; amending Minnesota Statutes 2004, section 103C.501, subdivision
5; Minnesota Statutes 2005 Supplement, section 116.182, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 446A; proposing
coding for new law as Minnesota Statutes, chapter 114D."
With the recommendation that when so amended the bill pass.
The report was adopted.
Pursuant to Joint Rule 2.03
and in accordance with Senate Concurrent Resolution No. 8, S. F.
No. 762 was re-referred to the Committee on Rules and Legislative
Administration.
Smith
from the Committee on Public Safety Policy and Finance to which was referred:
S. F. No. 1525, A bill for an act relating to corrections; clarifying
notification procedure when victim requests a test on offender; amending
Minnesota Statutes 2004, section 611A.19.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
GENERAL CRIMINAL AND SENTENCING PROVISIONS
Section 1. Minnesota
Statutes 2005 Supplement, section 244.10, subdivision 5, is amended to read:
Subd. 5. Procedures in cases where state intends to
seek an aggravated departure. (a)
When the prosecutor provides reasonable notice under subdivision 4, the
district court shall allow the state to prove beyond a reasonable doubt to a
jury of 12 members the factors in support of the state's request for an
aggravated departure from the Sentencing Guidelines or the state's request
for an aggravated sentence under any sentencing enhancement statute or the
state's request for a mandatory minimum under section 609.11 as provided in
paragraph (b) or (c).
(b) The district court shall allow a unitary trial and final
argument to a jury regarding both evidence in support of the elements of the
offense and evidence in support of aggravating factors when the evidence in
support of the aggravating factors:
(1) would be admissible as part of the trial on the elements
of the offense; or
(2) would not result in unfair prejudice to the defendant.
The existence of each aggravating factor shall be determined
by use of a special verdict form.
Upon the request of the prosecutor, the court shall allow
bifurcated argument and jury deliberations.
(c) The district court shall bifurcate the proceedings, or
impanel a resentencing jury, to allow for the production of evidence, argument,
and deliberations on the existence of factors in support of an aggravated
departure after the return of a guilty verdict when the evidence in support of
an aggravated departure:
(1) includes evidence that is otherwise inadmissible at a
trial on the elements of the offense; and
(2) would result in unfair prejudice to the defendant.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to sentencing hearings
and sentencing departures sought on or after that date.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 244.10, subdivision 6, is amended to read:
Subd. 6. Defendants to present evidence and
argument. In either a unitary or
bifurcated trial under subdivision 5, a defendant shall be allowed to present
evidence and argument to the jury or factfinder regarding whether facts exist
that would justify an aggravated sentencing
enhancement statute or a mandatory minimum sentence under section 609.11. A defendant is not allowed to present
evidence or argument to the jury or factfinder regarding facts in support of a
mitigated departure during the trial, but may present evidence and argument in
support of a mitigated departure to the judge as factfinder during a sentencing
hearing.durational departure or an
aggravated sentence under any
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to sentencing hearings
and sentencing departures sought on or after that date.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 244.10, subdivision 7, is amended to read:
Subd. 7. Waiver of jury determination. The defendant may waive the right to a jury
determination of whether facts exist that would justify an aggravated
sentence. Upon receipt of a waiver of a
jury trial on this issue, the district court shall determine beyond a
reasonable doubt whether the factors in support of the state's motion for
aggravated departure or an aggravated sentence under any sentencing
enhancement statute or a mandatory minimum sentence under section 609.11 exist.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to sentencing hearings
and sentencing departures sought on or after that date.
Sec. 4. [340A.706] ALCOHOL WITHOUT LIQUID
DEVICES PROHIBITED.
Subdivision 1.
Definition. For purposes of this section, an
"alcohol without liquid device" is a device, machine, apparatus, or
appliance that mixes an alcoholic beverage with pure or diluted oxygen to
produce an alcohol vapor that may be inhaled by an individual. An "alcohol without liquid device"
does not include an inhaler, nebulizer, atomizer, or other device that is designed
and intended specifically for medical purposes to dispense prescribed or
over-the-counter medications.
Subd. 2. Prohibition. Except as provided in subdivision 3, it is
unlawful for any person or business establishment to possess, purchase, sell, offer
to sell, or use an alcohol without liquid device.
Subd. 3. Research exemption. This section does not apply to a hospital
that operates primarily for the purpose of conducting scientific research, a
state institution conducting bona fide research, a private college or
university conducting bona fide research, or a pharmaceutical company or
biotechnology company conducting bona fide research.
Subd. 4. Penalty. Except as provided in subdivision 3, it is
unlawful for any person or business establishment to utilize a nebulizer,
inhaler, or atomizer or other device as described in subdivision 1, for the
purposes of inhaling alcoholic beverages.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to violations committed on or after that
date.
Sec. 5. Minnesota
Statutes 2004, section 346.155, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply
to this section.
(b) "Person" means any natural person, firm,
partnership, corporation, or association, however organized.
(c) "Wildlife sanctuary" means a 501(c)(3)
nonprofit organization that:
(1)
operates a place of refuge where abused, neglected, unwanted, impounded,
abandoned, orphaned, or displaced wildlife are provided care for their
lifetime;
(2) does not conduct any commercial activity with respect to
any animal of which the organization is an owner; and
(3) does not buy, sell, trade, auction, lease, loan, or breed
any animal of which the organization is an owner, except as an integral part of
the species survival plan of the American Zoo and Aquarium Association.
(d) "Possess" means to own, care for, have custody
of, or control.
(e) "Regulated animal" means:
(1) all members of the Felidae family including, but not
limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals,
but not including domestic cats or cats recognized as a domestic breed,
registered as a domestic breed, and shown as a domestic breed by a national or
international multibreed cat registry association;
(2) bears; and
(3) all nonhuman primates, including, but not limited to,
lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and
tamarins.
Regulated animal includes any hybrid or cross between an
animal listed in clause (1), (2), or (3) and a domestic animal and offspring
from all subsequent generations of those crosses or hybrids.
(f) "Local animal control authority" means an
agency of the state, county, municipality, or other governmental subdivision of
the state that is responsible for animal control operations in its
jurisdiction.
(g) "Bodily harm," "substantial bodily
harm," and "great bodily harm" have the meanings given them in
section 609.02.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 6. Minnesota
Statutes 2004, section 346.155, subdivision 4, is amended to read:
Subd. 4. Requirements. (a) A person who possesses a regulated animal
must maintain health and ownership records on each animal and must maintain the
records for the life of the animal. If
possession of the regulated animal is transferred to another person, a copy of
the health and ownership records must accompany the animal.
(b) A person who possesses a regulated animal must maintain
an ongoing program of veterinary care which includes a veterinary visit to the
premises at least annually.
(c) A person who possesses a regulated animal must notify the
local animal control authority in writing within ten days of a change in
address or location where the regulated animal is kept. The notification of change in address or
location form must be prepared by the Minnesota Animal Control Association and
approved by the Board of Animal Health.
(d) A person with a United States Department of Agriculture
license for regulated animals shall forward a copy of the United States
Department of Agriculture inspection report to the local animal control
authority within 30 days of receipt of the inspection report.
(e)
A person who possesses a regulated animal shall prominently display a sign on
the structure where the animal is housed indicating that a dangerous
regulated animal is on the premises.
(f) A person who possesses a regulated animal must notify, as
soon as practicable, local law enforcement officials of any escape of a
regulated animal. The person who
possesses the regulated animal is liable for any costs incurred by any person,
city, county, or state agency resulting from the escape of a regulated animal
unless the escape is due to a criminal act by another person or a natural
event.
(g) A person who possesses a regulated animal must maintain a
written recovery plan in the event of the escape of a regulated animal. The person must maintain live traps, or other
equipment necessary to assist in the recovery of the regulated animal.
(h) If requested by the local animal control authority,
A person may not move a regulated animal from its location unless the person
notifies the local animal control authority prior to moving the animal. The notification must include the date and
the location where the animal is to be moved. This paragraph does not apply to a regulated
animal transported to a licensed veterinarian.
(i) If a person who possesses a regulated animal can no
longer care for the animal, the person shall take steps to find long-term
placement for the regulated animal.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 7. Minnesota
Statutes 2004, section 346.155, subdivision 5, is amended to read:
Subd. 5. Seizure. (a) The local animal control authority, upon
issuance of a notice of inspection, must be granted access at reasonable times
to sites where the local animal control authority has reason to believe a
violation of this chapter is occurring or has occurred.
(b) If a person who possesses a regulated animal is not in
compliance with the requirements of this section, the local animal control
authority shall take possession of the animal for custody and care, provided
that the procedures in this subdivision are followed.
(c) Upon request of a person possessing a regulated animal,
the local animal control authority may allow the animal to remain in the
physical custody of the owner for 30 days, during which time the owner shall
take all necessary actions to come in compliance with this section. During the 30-day period, the local animal
control authority may inspect, at any reasonable time, the premises where the
animal is kept.
(d) If a person who possesses a regulated animal is not in
compliance with this section following the 30-day period described in paragraph
(c), the local animal control authority shall seize the animal and place it in
a holding facility that is appropriate for the species for up to ten days.
(e) The authority taking custody of an animal under this
section shall provide a notice of the seizure by delivering or mailing it to
the owner, by posting a copy of it at the place where the animal is taken into
custody, or by delivering it to a person residing on the property. The notice must include:
(1) a description of the animal seized; the authority for and
purpose of the seizure; the time, place, and circumstances under which the
animal was seized; and a contact person and telephone number;
(2)
a statement that a person from whom a regulated animal was seized may post
security to prevent disposition of the animal and may request a hearing
concerning the seizure and that failure to do so within five business days of
the date of the notice will result in disposition of the animal;
(3) a statement that actual costs of the care, keeping, and
disposal of the regulated animal are the responsibility of the person from whom
the animal was seized, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially justified by law;
and
(4) a form that can be used by a person from whom a regulated
animal was seized for requesting a hearing under this subdivision.
(e) (f) If a person from whom the regulated animal
was seized makes a request within five business days of the seizure, a hearing
must be held within five business days of the request to determine the validity
of the seizure and disposition of the animal.
The judge or hearing officer may authorize the return of the animal to
the person from whom the animal was seized if the judge or hearing officer
finds:
(1) that the person can and will provide the care required by
law for the regulated animal; and
(2) the regulated animal is physically fit.
(f) (g) If a judge or hearing officer orders a
permanent disposition of the regulated animal, the local animal control
authority may take steps to find long-term placement for the animal with a
wildlife sanctuary, persons authorized by the Department of Natural Resources,
or an appropriate United States Department of Agriculture licensed facility.
(g) (h) A person from whom a regulated animal is
seized is liable for all actual costs of care, keeping, and disposal of the
animal, except to the extent that a court or hearing officer finds that the
seizure was not substantially justified by law.
The costs must be paid in full or a mutually satisfactory arrangement
for payment must be made between the local animal control authority and the
person claiming an interest in the animal before return of the animal to the
person.
(h) (i) A person from whom a regulated animal has
been seized under this subdivision may prevent disposition of the animal by
posting security in the amount sufficient to provide for the actual costs of
care and keeping of the animal. The
security must be posted within five business days of the seizure, inclusive of
the day of the seizure.
(i) (j) If circumstances exist threatening the
life of a person or the life of any animal, local law enforcement or the local
animal control authority shall may seize a regulated animal
without an opportunity for hearing or court order, or destroy the animal.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 8. Minnesota
Statutes 2004, section 346.155, is amended by adding a subdivision to read:
Subd. 9a. Confinement and control. A person violates this subdivision who
possesses a regulated animal and negligently fails to control the animal or
keep it properly confined and as a result the animal causes bodily harm,
substantial bodily harm, or great bodily harm to another person.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec.
9. Minnesota Statutes 2004, section
346.155, subdivision 10, is amended to read:
Subd. 10. Penalty. (a) A person who knowingly violates
subdivision 2, 3, paragraph (b) or (c), or 4 is guilty of a misdemeanor.
(b) A person who knowingly violates subdivision 3, paragraph
(a), is guilty of a gross misdemeanor.
(c) A person who violates subdivision 9a resulting in bodily
harm is guilty of a misdemeanor and may be sentenced to imprisonment for not
more than 90 days or to payment of a fine of not more than $1,000, or both.
(d) A person who violates subdivision 9a resulting in
substantial bodily harm is guilty of a gross misdemeanor and may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both.
(e) A person who violates subdivision 9a resulting in great
bodily harm or death is guilty of a felony and may be sentenced to imprisonment
for not more than two years or to payment of a fine of not more than $5,000, or
both, unless a greater penalty is provided elsewhere.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 10. Minnesota
Statutes 2005 Supplement, section 518B.01, subdivision 22, is amended to read:
Subd. 22. Domestic abuse no contact order. (a) A domestic abuse no contact order is an
order issued by a court against a defendant in a criminal proceeding for:
(1) domestic abuse;
(2) harassment or stalking charged under section 609.749 and
committed against a family or household member;
(3) violation of an order for protection charged under
subdivision 14; or
(4) violation of a prior domestic abuse no contact order
charged under this subdivision.
It includes
pretrial orders before final disposition of the case and probationary orders
after sentencing.
(b) A person who knows of the existence of a domestic abuse no
contact order issued against the person and violates the order is guilty of a
misdemeanor.
(c) A person is guilty of a gross misdemeanor who knowingly
violates this subdivision during the time period between a previous qualified
domestic violence-related offense conviction and the end of the five years
following discharge from sentence for that offense.
(d) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause to believe has
violated a domestic abuse no contact order, even if the violation of the order
did not take place in the presence of the peace officer, if the existence of the
order can be verified by the officer.
The person shall be held in custody for at least 36 hours, excluding the
day of arrest, Sundays, and holidays, unless the person is released earlier by
a judge or judicial officer. A peace
officer acting in good faith and exercising due care in making an arrest
pursuant to this paragraph is immune from civil liability that might result
from the officer's actions.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec.
11. Minnesota Statutes 2005 Supplement,
section 609.02, subdivision 16, is amended to read:
Subd. 16. Qualified domestic violence-related
offense. "Qualified domestic
violence-related offense" includes the following offenses: sections 518B.01,
subdivision 14 (violation of domestic abuse order for protection); 518B.01,
subdivision 22 (violation of domestic abuse no contact order); 609.221
(first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree
assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.2242 (domestic assault); 609.2247 (domestic assault by strangulation);
609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal
sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a
child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of
harassment restraining order); and 609.749 (harassment/stalking); and
609.78, subdivision 2 (interference with an emergency call); and similar
laws of other states, the United States, the District of Columbia, tribal
lands, and United States territories.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 12. Minnesota
Statutes 2005 Supplement, section 609.1095, subdivision 4, is amended to read:
Subd. 4. Increased sentence for offender who commits
a sixth felony. Whenever a person is
convicted of a felony, and the judge is imposing an executed sentence based on
a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose
an aggravated durational departure from the presumptive sentence up to the
statutory maximum sentence if the factfinder determines that the offender has
five or more prior felony convictions and that the present offense is a
felony that was committed as part of a pattern of criminal conduct.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 13. Minnesota
Statutes 2004, section 609.11, subdivision 7, is amended to read:
Subd. 7. Prosecutor shall establish. Whenever reasonable grounds exist to
believe that the defendant or an accomplice used a firearm or other dangerous
weapon or had in possession a firearm, at the time of commission of an offense
listed in subdivision 9, the prosecutor shall, at the time of trial or at the
plea of guilty, present on the record all evidence tending to establish that
fact unless it is otherwise admitted on the record. The question of whether the defendant or
an accomplice, at the time of commission of an offense listed in subdivision 9,
used a firearm or other dangerous weapon or had in possession a firearm shall
be determined by the court on the record factfinder at the time
of a verdict or finding of guilt at trial or the entry of a plea of guilty
based upon the record of the trial or the plea of guilty. The court factfinder shall also
determine on the record at the time of sentencing whether the
defendant has been convicted of a second or subsequent offense in which the
defendant or an accomplice, at the time of commission of an offense listed in
subdivision 9, used a firearm or other dangerous weapon or had in possession a
firearm.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 14. Minnesota
Statutes 2004, section 609.2231, subdivision 6, is amended to read:
Subd. 6. Public employees with mandated duties. A person is guilty of a gross misdemeanor
who:
(1) assaults an agricultural inspector, occupational safety
and health investigator, child protection worker, public health nurse, animal
control officer, or probation or parole officer while the employee is
engaged in the performance of a duty mandated by law, court order, or
ordinance;
(2)
knows that the victim is a public employee engaged in the performance of the
official public duties of the office; and
(3) inflicts demonstrable bodily harm.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 15.