STATE OF
EIGHTY-FOURTH SESSION - 2006
_____________________
ONE HUNDRED TWELFTH DAY
The House of Representatives convened at
5:30 p.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Representative Frank
Hornstein, District 60B,
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
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
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
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
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.
Davids was excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. Dempsey
moved that further reading of the Journal be suspended and that the Journal be
approved as corrected by the Chief Clerk.
The motion prevailed.
Seifert moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 4162
A bill for an act relating to the
financing of state government; making supplemental appropriations; regulating
government operations; providing for and modifying certain programs; regulating
abortion funding and notification; 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; 13.3806, by adding a subdivision;
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; 144; 197; 256;
256D; 341; repealing Minnesota Statutes 2004, sections 62J.694; 144.395.
May 21, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
We, the
undersigned conferees for H. F. No. 4162 report that we have agreed upon the
items in dispute and recommend as follows:
That the
Senate recede from its amendments and that H. F. No. 4162 be further amended as
follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
SUMMARY
Section 1.
APPROPRIATIONS SUMMARY.
(General Fund Only, Excluding Forecast Adjustments)
APPROPRIATIONS 2006 2007 TOTAL
Early
Childhood Education $124,000 $14,926,000 $15,050,000
K-12
Education
Higher Education 5,000,000 5,000,000
Environment
& Agriculture 577,000 1,838,000 2,415,000
Clean Water
Legacy 15,000,000 15,000,000
Economic
Development 29,552,000 29,552,000
Transportation 692,000 692,000
Public
Safety 3,846,000 15,774,000 19,620,000
State
Government 2,422,000 2,422,000
Veterans
Affairs 250,000 3,230,000 3,480,000
Health
& Human Services 30,989,000 75,663,000 106,652,000
SUBTOTAL $41,255,000 $166,861,000 $208,116,000
CANCELLATIONS 250,000 250,000
TRANSFERS
IN 2,933,000 2,933,000
TOTAL $38,072,000 $166,861,000 $204,933,000
ARTICLE 2
EARLY
CHILDHOOD EDUCATION
Section
1. EARLY
EDUCATION APPROPRIATIONS.
The sums
shown in the columns marked "APPROPRIATIONS" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2005, First
Special Session chapter 4, article 9, or other law to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund or another named fund and are available
for the fiscal years indicated for each purpose. The figures "2006" and
"2007" used in this article mean that the addition to or subtraction
from the appropriation listed under them is available for the fiscal year
ending June 30, 2006, or June 30, 2007, respectively. "The first
year" is fiscal year 2006. "The second year" is fiscal year
2007. "The biennium" is fiscal years 2006 and 2007. Supplementary appropriations and reductions
to appropriations for the fiscal year ending June 30, 2006, are effective the
day following final enactment.
Subdivision 1. Summary
SUMMARY BY FUND
2006 2007 TOTAL
General $124,000 $14,926,000 $15,050,000
Subd. 2. Department
of Human Services; basic sliding fee child care waiting list
(a) For
child care assistance for eligible families on the basic sliding fee waiting
list under Minnesota Statutes, section 119B.03, subdivision 2, as of July 1,
2006.
General
Fund -0- 3,842,000
(b) For basic sliding fee
child care assistance grants in fiscal year 2007 -0- 4,055,000
The general
fund base is increased by $1,596,000 in fiscal year 2008 and $1,732,000 in
fiscal year 2009 for basic sliding fee child care assistance grants.
(c) For the state share of
systems cost to implement the provider rate differential for accreditation -0- 3,000
(d) As determined
by the commissioner, counties may use up to six percent of either calendar year
2008 or 2009 allocations under
(e)
Increased child care funds from the federal Deficit Reduction Act of 2005 may
be allocated by the commissioner for the basic sliding fee child care program.
Sec.
2. Minnesota Statutes 2005 Supplement,
section 119B.13, subdivision 1, is amended to read:
Subdivision
1. Subsidy
restrictions. (a)(i) Effective
July 1, 2005, the commissioner of human services shall modify the rate tables
for child care centers published in Department of Human Services Bulletin No.
03-68-07 so that in counties with regional or statewide cells, the higher of
the 100th percentile of the 2002 market rate survey data or the rate currently identified
in the bulletin will be the maximum rate.
The rates established in this clause will be considered as the previous
year's rates for purposes of the increase in item (iii), and shall be compared
to the 100th percentile of current market rates.
(ii) For
the period between July 1, 2005, and through the full implementation of the new
rates under item (iii), the rates published in Department of Human Services
Bulletin No. 03-68-07 as adjusted by item (i) shall remain in effect.
(iii)
(a) Beginning January July 1, 2006, the
maximum rate paid for child care assistance in any county or multicounty region
under the child care fund shall be the lesser of the 75th percentile rate
for like-care arrangements in the county or multicounty region as surveyed by the
commissioner or the previous year's rate for like-care arrangements in the
county effective January 1, 2006, increased by 1.75 six
percent.
(iv) (b) Rate
changes shall be implemented for services provided in March September
2006 unless a participant eligibility redetermination or a new provider
agreement is completed between January July 1, 2006, and February
28 August 31, 2006.
As
necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
New cases
approved on or after January July 1, 2006, shall have the maximum
rates under item (iii) paragraph (a), implemented immediately.
(b) (c) Not
less than once every two years, the commissioner shall survey rates charged by
child care providers in
(c) (d) A
rate which includes a special needs rate paid under subdivision 3 may be in
excess of the maximum rate allowed under this subdivision.
(d) (e) The
department shall monitor the effect of this paragraph on provider rates. The county shall pay the provider's full
charges for every child in care up to the maximum established. The commissioner shall determine the maximum
rate for each type of care on an hourly, full-day, and weekly basis, including
special needs and handicapped care.
(e) (f) When
the provider charge is greater than the maximum provider rate allowed, the
parent is responsible for payment of the difference in the rates in addition to
any family co-payment fee.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec.
3. Minnesota Statutes 2004, section
119B.13, is amended by adding a subdivision to read:
Subd. 3a. Provider
rate differential for accreditation.
A family child care provider or child care center shall be paid a 15
percent differential above the maximum rate established in subdivision 1, up to
the actual provider rate, if the provider or center holds a current early
childhood development credential or is accredited. For a family child care provider, early
childhood development credential and accreditation includes an individual who
has earned a child development associate degree, a diploma in child development
from a Minnesota state technical college, or a bachelor's degree in early
childhood education from an accredited college or university, or who is
accredited by the National Association for Family Child Care or the Competency
Based Training and Assessment Program.
For a child care center, accreditation includes accreditation by the
National Association for the Education of Young Children, the Council on
Accreditation, the National Early Childhood Program Accreditation, the National
School-Age Care Association, or the National Head Start Association Program of
Excellence. For Montessori programs,
accreditation includes the American Montessori Society, Association of
Montessori International-USA, or the
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec.
4. 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 of the number of absent days used
upon initial provider authorization for a family and when the family has used
15 cumulative absent days. Upon
statewide implementation of the
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 5. Minnesota Statutes 2005 Supplement, section
121A.19, is amended to read:
121A.19 DEVELOPMENTAL SCREENING AID.
Each school
year, the state must pay a district $50 for each three-year-old child
screened; $40 for each four-year-old child screened; and $30 for each
five-year-old child or student screened by the district prior to
kindergarten according to the requirements of section 121A.17. The amount of state aid for each child or
student screened shall be: (1) $50 for a child screened at age three; (2) $40
for a child screened at age four; (3) $30 for a child screened at age five or
six prior to kindergarten; and (4) $30 for a student screened within 30 days
after first enrolling in a public school kindergarten if the student has not
previously been screened according to the requirements of section 121A.17. If this amount of aid is insufficient,
the district may permanently transfer from the general fund an amount that,
when added to the aid, is sufficient. Developmental
screening aid shall not be paid for any student who is screened more than 30
days after the first day of attendance at a public school kindergarten, except
if a student transfers to another public school kindergarten within 30 days
after first enrolling in a Minnesota public school kindergarten program. In this case, if the student has not been
screened, the district to which the student transfers may receive developmental
screening aid for screening that student when the screening is performed within
30 days of the transfer date.
Sec. 6. [124D.129]
EDUCATE PARENTS PARTNERSHIP.
The
commissioner may work in partnership with health care providers and community
organizations to provide parent information to parents of newborns at the time
of birth. The commissioner may
coordinate the partnership and the distribution of informational material to
the parents of newborns before they leave the hospital with early childhood
organizations, including, but not limited to, early childhood family education,
child care resource and referral,
and interagency early intervention committees.
The commissioner may develop a resource Web site that promotes, at a
minimum, the department Web site for information and links to resources on
child development, parent education, child care, and consumer safety information.
Sec. 7. Minnesota Statutes 2005 Supplement, section
124D.135, subdivision 1, is amended to read:
Subdivision
1. Revenue. The revenue for early childhood family
education programs for a school district equals $96 for fiscal year 2005 and
$104 $112 for fiscal year 2006 2007 and later, times
the greater of:
(1) 150; or
(2) the
number of people under five years of age residing in the district on October 1
of the previous school year.
Sec. 8. [124D.162]
KINDERGARTEN READINESS ASSESSMENT.
The
commissioner of education may implement a kindergarten readiness assessment
representative of incoming kindergartners.
The assessment must be based on the Department of Education Kindergarten
Readiness Assessment at kindergarten entrance study.
Sec. 9. Minnesota Statutes 2005 Supplement, section
124D.175, is amended to read:
124D.175 PROPOSAL.
(a) The
commissioner must make a grant to the Minnesota Early Learning Foundation to
implement an early childhood development grant program for low-income and
other challenged families that increases the effectiveness and expands the
capacity of public and nonpublic early childhood development programs, which
may include child care programs, and leads to improved early childhood parent
education and children's kindergarten readiness. The program must include:
(1) grant
awards to existing early childhood development program providers that also
provide parent education programs and to qualified providers proposing to implement
pilot programs for this same purpose;
(2) grant
awards to enable low-income families to participate in these programs;
(3) grant
awards to improve overall programmatic quality; and
(4) an
evaluation of the programmatic and financial efficacy of all these programs,
which may be performed using measures of services, staffing, and management
systems that provide consistent information about system performance, show
trends, confirm successes, and identify potential problems in early childhood
development programs.
This grant
program must not supplant existing early childhood development programs or
child care funds.
(b) The
commissioner must contract with make a grant to a private
nonprofit, section 501(c)(3) organization to implement the requirements of
paragraph (a). The private nonprofit
organization must be governed by a board of directors composed of members from
the public and nonpublic sectors, where the nonpublic sector members compose a
simple majority of board members and where the public sector members are state
and local government officials, kindergarten through grade 12 or postsecondary
educators, and early childhood providers appointed by the governor. Membership on the board of directors by a state
agency official are work duties for the official and are not a conflict of
interest under section 43A.38. The board
of directors must appoint an executive director and must seek advice from
geographically and ethnically diverse parents of young children and
representatives of early childhood development providers, kindergarten through
grade 12 and postsecondary educators, public libraries, and the business
sector.
The
board of directors is subject to the open meeting law under chapter 13D. All other terms and conditions under which
board members serve and operate must be described in the articles and bylaws of
the organization. The private nonprofit
organization is not a state agency and is not subject to laws governing public
agencies except the provisions of chapter 13, salary limits under section
15A.0815, subdivision 2, and audits by the legislative auditor under chapter 3
apply.
(c) In
addition to the duties under paragraph (a), the
(1) provide
consumer information for parents on child care and early education program
quality and ratings;
(2) set
indicators to identify quality in care and early education settings, including
licensed family child care and centers, tribal providers and programs, Head
Start and school-age programs, and identify quality programs through ratings
and ongoing monitoring of programs;
(3) provide
funds for provider improvement grants and quality achievement grants;
(4) require
participating providers to incorporate the state's early learning standards in
their curriculum activities and develop appropriate child assessments aligned
with the kindergarten readiness assessment;
(5) provide
accountability for the NorthStar Quality Improvement and Rating System's
effectiveness in improving child outcomes and kindergarten readiness; and
(6) align
current and new state investments to improve the quality of child care with the
NorthStar Quality Improvement and Rating System framework, by providing
accountability and informed parent choice.
The
(d) This
section expires June 30, 2011. If no
state appropriation is made for purposes of this section, the commissioner must
not implement paragraphs (a) and (b).
Sec.
10. 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.
11. 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.
Sec.
12. Minnesota Statutes 2005 Supplement,
section 124D.531, subdivision 1, is amended to read:
Subdivision
1. State
total adult basic education aid. (a)
The state total adult basic education aid for fiscal year 2005 is
$36,509,000. The state total adult basic
education aid for fiscal year 2006 and later is $36,509,000 equals
$36,587,000 plus any amount that is not paid for during the previous fiscal
year, as a result of adjustments under subdivision 4, paragraph (a), or section
124D.52, subdivision 3. The state
total adult basic education aid for fiscal year 2007 equals $37,673,000 plus
any amount that is not paid for during the previous fiscal year, as a result of
adjustments under subdivision 4, paragraph (a), or section 124D.52, subdivision
3. The state total adult basic education
aid for later fiscal years equals:
(1) the
state total adult basic education aid for the preceding fiscal year plus any
amount that is not paid for during the previous fiscal year, as a result of
adjustments under subdivision 4, paragraph (a), or section 124D.52, subdivision
3; times
(2) the
lesser of:
(i) 1.03;
or
(ii) the
greater of 1.00 or the ratio of the state total contact hours in the first
prior program year to the state total contact hours in the second prior program
year.
Beginning
in fiscal year 2002, two percent of the state total adult basic education aid
must be set aside for adult basic education supplemental service grants under
section 124D.522.
(b) The
state total adult basic education aid, excluding basic population aid, equals
the difference between the amount computed in paragraph (a), and the state
total basic population aid under subdivision 2.
Sec.
13. Minnesota Statutes 2004, section
125A.27, subdivision 7, is amended to read:
Subd.
7. Early
intervention system. "Early
intervention system" means the total effort in the state to meet the needs
of eligible children and their families, including, but not limited to:.
(1) any
public agency in the state that receives funds under the Individuals with
Disabilities Education Act, United States Code, title 20, sections 1471 to 1485
(Part C, Public Law 102-119);
(2) other
state and local agencies administering programs involved in the provision of
early intervention services, including, but not limited to:
(i)
the Maternal and Child Health program under title V of the Social Security Act,
United States Code, title 42, sections 701 to 709;
(ii) the
Individuals with Disabilities Education Act, United States Code, title 20,
sections 1411 to 1420 (Part B);
(iii)
medical assistance under the Social Security Act, United States Code, title 42,
section 1396 et seq.;
(iv) the
Developmental Disabilities Assistance and Bill of Rights Act, United States
Code, title 42, sections 6021 to 6030 (Part B); and
(v) the
Head Start Act, United States Code, title 42, sections 9831 to 9852; and
(3)
services provided by private groups or third-party payers in conformity with an
individualized family service plan.
Sec.
14. Minnesota Statutes 2004, section
125A.27, subdivision 8, is amended to read:
Subd.
8. Eligibility
for Part C. "Eligibility for
Part C" means eligibility for early childhood special education under
section 125A.02 and Minnesota Rules, part 3525.2335, subpart 1, items A and
B.
Sec.
15. 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 the need for future
services.
Sec.
16. Minnesota Statutes 2004, section
125A.27, subdivision 15, is amended to read:
Subd.
15. Part
C state plan. "Part C state
plan" means the annual state plan application approved by the federal
government under the Individuals with Disabilities Education Act, United
States Code, title 20, section 1471 et seq. (Part C, Public Law 105-117).
Sec.
17. Minnesota Statutes 2004, section
125A.27, subdivision 18, is amended to read:
Subd.
18. State
lead agency. "State lead
agency" means the state agency receiving federal funds under the
Individuals with Disabilities Education Act, United States Code, title 20,
section 1471 et seq. (Part H, Public Law 102-119) for the purposes of
providing early intervention services.
Sec.
18. Minnesota Statutes 2005 Supplement,
section 125A.28, is amended to read:
An
Interagency Coordinating Council of at least 17, but not more than 25 members
is established, in compliance with Public Law county
social service director, local Head Start director, and a community health
services or public health nursing administrator, one member of the senate, one
member of the house of representatives, one representative of teacher
preparation programs in early childhood-special education or other preparation
programs in early childhood intervention, at least one representative of
advocacy organizations for children with disabilities under age five, one
physician who cares for young children with special health care needs, one
representative each from the commissioners of commerce, education, health,
human services, a representative from the state agency responsible for child
care, foster care, mental health, homeless coordinator of education of
homeless children and youth, and a representative from Indian health
services or a tribal council. Section
15.059, subdivisions 2 to 5, apply to the council. The council must meet at least quarterly.102-119 108-446,
section 682 641. The
members must be appointed by the governor.
Council members must elect the council chair. The representative of the commissioner may
not serve as the chair. The council must
be composed of at least five parents, including persons of color, of children
with disabilities under age 12, including at least three parents of a child
with a disability under age seven, five representatives of public or private
providers of services for children with disabilities under age five, including
a special education director,
The council
must address methods of implementing the state policy of developing and
implementing comprehensive, coordinated, multidisciplinary interagency programs
of early intervention services for children with disabilities and their
families.
The duties
of the council include recommending policies to ensure a comprehensive and
coordinated system of all state and local agency services for children under
age five with disabilities and their families.
The policies must address how to incorporate each agency's services into
a unified state and local system of multidisciplinary assessment practices,
individual intervention plans, comprehensive systems to find children in need
of services, methods to improve public awareness, and assistance in determining
the role of interagency early intervention committees.
On the date
that Minnesota Part C Annual Performance Report is submitted to the federal
Office of Special Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce, and employment
and economic development policies for a comprehensive and coordinated system.
Notwithstanding
any other law to the contrary, the State Interagency Coordinating Council
expires on June 30, 2009.
Sec.
19. Minnesota Statutes 2004, section
125A.29, is amended to read:
125A.29 RESPONSIBILITIES OF
(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.
20. 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 neglect or (ii) is identified as affected by
illegal substance abuse, or 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.
21. Minnesota Statutes 2004, section
125A.32, is amended to read:
125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP).
(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 developmentally
appropriate preliteracy and language skills for the child, and the
criteria, procedures, and timelines;
(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.
22. 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 prior to the
child's eligibility 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.
23. Minnesota Statutes 2004, section
125A.48, is amended to read:
(a) The
commissioners of the Departments of Education, Health, and Human Services must
enter into an agreement to implement this section and Part 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 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.
(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.
24. Laws 2005, First Special Session
chapter 5, article 7, section 20, subdivision 3, is amended to read:
Subd.
3. Early
childhood family education aid. For
early childhood family education aid under Minnesota Statutes, section
124D.135:
14,356,000
$15,105,000 .
. . . . 2006
15,137,000
$17,792,000 .
. . . . 2007
The 2006 appropriation includes
$1,861,000 $1,859,000 for 2005 and $12,495,000 $13,246,000
for 2006.
The 2007 appropriation includes $2,327,000
$1,471,000 for 2006 and $12,810,000 $16,321,000 for
2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 25. Laws 2005, First Special Session chapter 5,
article 7, section 20, subdivision 4, is amended to read:
Subd. 4. Health
and developmental screening aid. For
health and developmental screening aid under Minnesota Statutes, sections
121A.17 and 121A.19:
3,076,000
$3,000,000 .
. . . . 2006
3,511,000
$2,997,000 .
. . . . 2007
The 2006 appropriation includes
$417,000 for 2005 and $2,659,000 $2,583,000 for 2006.
The 2007 appropriation includes $494,000
$287,000 for 2006 and $3,017,000 $2,710,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec.
26. ADULT
LITERACY GRANTS FOR RECENT IMMIGRANTS TO
Subdivision 1. Establishment. An adult literacy grant program for recent
immigrants to
Subd. 2. Grants. The commissioner of education shall
consult adult basic education service providers in establishing the form and
manner of the grant program. The
commissioner shall award grants to organizations providing adult literacy
services in order to help offset the additional costs due to unanticipated high
enrollments of recent refugees and immigrants.
Sec. 27. LEGISLATIVE
COMMISSION TO END POVERTY IN
Subdivision 1. Membership. The Legislative Commission to End Poverty
in Minnesota by 2020 consists of nine members of the senate appointed by the
Subcommittee on Committees of the Committee on Rules and Administration,
including four members of the minority, and nine members of the house of
representatives appointed by the speaker, including four members of the
minority. Appointments must be made by
members elected to the 85th session of the legislature and no later than
February 15, 2007. The governor may
appoint two nonvoting members to sit with the commission.
Subd. 2. Guiding
principles. In preparing
recommendations on how to end poverty in
(a) There should be a consistent
and persistent approach that includes participation of people of faith, nonprofit
agencies, government, and business.
(b) All people should be provided
with those things that protect human dignity and make for a healthy life,
including adequate food and shelter, meaningful work, safe communities, health
care, and education.
(c) All people are intended to live
well together as a whole community, seeking the common good, avoiding wide
disparities between those who have too little to live on and those who have a
disproportionate share of the nation's goods.
(d) All people need to work
together to overcome poverty, and this work transcends both any particular
political theory or party and any particular economic theory or structure. Overcoming poverty requires the use of
private and public resources.
(e) Alliances are needed between
the faith community, nonprofit agencies, government, business, and others with
a commitment to overcoming poverty.
(f) Overcoming poverty involves
both acts of direct service to alleviate the outcomes of poverty and advocacy
to change those structures that result in people living in poverty.
(g) Government is neither solely
responsible for alleviating poverty nor removed from that responsibility. Government is the vehicle by which people
order their lives based on their shared vision.
Society is well served when people bring their values into the public
arena. This convergence around issues of
poverty and the common good leads people of varying traditions to call on
government to make a critical commitment to overcoming poverty.
Subd. 3. Report. The commission shall report its
recommendations on how to end poverty in
Subd.
4.
Sec. 28. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education, unless otherwise specified, for the fiscal years
designated.
Subd. 2. Educate
parents partnership. For the
educate parents partnership under
$80,000 . . . . . 2007
The base for this program in fiscal
year 2008 and later is $50,000.
Subd. 3. Kindergarten
entrance assessment initiative and intervention program. For the kindergarten entrance assessment
initiative and intervention program under
$287,000 . . . . . 2007
Subd. 4. Early
childhood Part C. For the
expansion of early childhood Part C services:
$400,000
. .
. . . 2007
Subd. 5. Adult
literacy grants for recent immigrants.
For adult literacy grants for recent immigrants to
$1,250,000 . . . . . 2007
The base for this program is
$1,250,000 in fiscal year 2008 and $0 in fiscal year 2009.
Subd. 6. NorthStar
Quality Improvement and Rating System.
For a grant to the
$1,000,000 . . . . . 2007
This appropriation must be used to
implement phase one of the NorthStar Quality Improvement and Rating System
including start-up costs, participation of 200 providers, parent information,
and materials and evaluation by the Minnesota Early Learning Foundation in
consultation with the University of Minnesota.
This onetime appropriation is
available to June 30, 2008.
Subd. 7. Legislative
Commission to End Poverty by 2020.
To the Legislative Coordinating Commission for the Legislative
Commission to End Poverty by 2020 under section 27:
$250,000 . . . . . 2007
ARTICLE
3
GENERAL EDUCATION
Section 1. 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. 2. Laws 2005, First Special Session chapter 5,
article 1, section 54, subdivision 2, is amended to read:
Subd. 2. General education aid. For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:
$5,136,578,000
5,819,153,000 .
. . . . 2006
$5,390,196,000
5,472,238,000 .
. . . . 2007
The 2006
appropriation includes $784,978,000 $787,978,000 for 2005 and $4,351,600,000
$5,031,175,000 for 2006.
The 2007
appropriation includes $817,588,000 $513,848,000 for 2006 and $4,572,608,000
$4,958,390,000 for 2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec.
3. ONETIME
ENERGY ASSISTANCE AID.
(a) For
fiscal year 2006 only, a school district or charter school's onetime energy
assistance aid is equal to $3.67 times its adjusted marginal cost pupil
units. A school district or charter
school may use its onetime energy assistance aid to pay for heating, fuel, and
other energy costs.
(b) This
aid is paid entirely in fiscal year 2006 based on estimated data. By January 31, 2007, the Department of
Education shall recalculate the aid for each district or charter school using
actual data, and adjust the general education aid paid to school districts or
charter schools for fiscal year 2007 by the amount of the difference between
the estimated aid and the actual aid.
Sec.
4. APPROPRIATION.
Subdivision
1. Department of Education.
The sum indicated in this section is appropriated from the general
fund to the Department of Education for the fiscal year designated.
Subd. 2. Onetime
energy assistance aid. For
onetime energy assistance aid under section 3:
$3,495,000 . . . . . 2007
ARTICLE 4
EDUCATION EXCELLENCE
Section 1. [120B.132]
RAISED ACADEMIC ACHIEVEMENT; ADVANCED PLACEMENT PROGRAMS.
Subdivision 1. Establishment;
eligibility. A program is
established to raise kindergarten through grade 12 academic achievement through
increased student participation in preadvanced placement and advanced placement
programs. Schools and charter schools
eligible to participate under this section:
(1) must have a three-year plan
approved by the local school board to create a new or expand an existing
program to implement the college board advanced placement courses and exams or
preadvanced placement courses; and
(2) must propose to further raise
students' academic achievement by:
(i) increasing the availability of
and all students' access to advanced placement;
(ii) expanding the breadth of
advanced placement courses or programs that are available to students;
(iii) increasing the number and the
diversity of the students who participate in advanced placement courses or
programs and succeed;
(iv) providing low-income and other
disadvantaged students with increased access to advanced placement courses and
programs; or
(v) increasing the number of high
school students, including low-income and other disadvantaged students, who
receive college credit by successfully completing advanced placement courses or
programs and achieving satisfactory scores on related exams.
Subd. 2. Application
and review process; funding priority.
(a) Charter schools and school districts in which eligible schools
under subdivision 1 are located may apply to the commissioner, in the
form and manner the commissioner determines, for competitive funding to further
raise students' academic achievement.
The application must detail the specific efforts the applicant intends
to undertake in further raising students' academic achievement, consistent with
subdivision 1, and a proposed budget detailing the district or charter school's
current and proposed expenditures for advanced placement or preadvanced
placement courses and programs. The
proposed budget must demonstrate that the applicant's efforts will supplement
but not supplant any expenditures for advanced placement and preadvanced
placement courses and programs the applicant currently makes available to
students. Expenditures for
administration must not exceed five percent of the proposed budget. The commissioner may require an applicant to
provide additional information.
(b)
When reviewing applications, the commissioner must determine whether the
applicant satisfied all the requirements in this subdivision and subdivision
1. The commissioner may give funding
priority to an otherwise qualified applicant that demonstrates:
(1) a focus on developing or
expanding advanced placement courses and programs or increasing students'
participation in, access to, or success with the courses or programs, including
the participation, access, or success of low-income and other disadvantaged
students;
(2) a compelling need for access to
advanced placement programs;
(3) an effective ability to
actively involve local business and community organizations in student
activities that are integral to advanced placement courses and programs;
(4) access to additional public or
nonpublic funds or in-kind contributions that are available for advanced
placement programs; or
(5) an intent to implement
activities that target low-income and other disadvantaged students.
Subd. 3. Funding;
permissible funding uses. (a)
The commissioner shall award grants to applicant school districts and charter
schools that meet the requirements of subdivisions 1 and 2. The commissioner must award grants on an
equitable geographical basis to the extent feasible and consistent with this
section. Grant awards must not exceed the
lesser of:
(1) $85 times the number of pupils
enrolled at the participating sites on October 1 of the previous fiscal year;
or
(2) the approved supplemental
expenditures based on the budget submitted under subdivision 2. For charter schools in their first year of
operation, the maximum grant award must be calculated using the number of
pupils enrolled on October 1 of the current fiscal year. The commissioner may adjust the maximum grant
award computed using prior year data for changes in enrollment attributable to
school closings, school openings, grade level reconfigurations, or school
district reorganizations between the prior fiscal year and the current fiscal
year.
(b) School districts and charter
schools that submit an application and receive funding under this section must
use the funding, consistent with the application, to:
(1) provide teacher training and
instruction to more effectively serve students, including low-income and other
disadvantaged students, who participate in preadvanced and advanced placement
programs;
(2) further develop advanced
placement courses or programs;
(3) improve the transition between
grade levels to better prepare students, including low-income and other
disadvantaged students, for succeeding in advanced placement programs;
(4) purchase books and supplies;
(5) pay course or program fees;
(6) increase students'
participation in and success with advanced placement programs;
(7) expand students' access to
preadvanced placement or advanced placement courses or programs through online
learning;
(8)
hire appropriately licensed personnel to teach additional advanced placement
programs; or
(9) engage in other activity
directly related to expanding students' access to, participation in, and
success with preadvanced placement or advanced placement courses and programs,
including low-income and other disadvantaged students.
Subd. 4. Annual
reports. (a) Each school
district and charter school that receives a grant under this section annually
must collect demographic and other student data to demonstrate and measure the
extent to which the district or charter school raised students' academic
achievement under this program and must report the data to the commissioner in
the form and manner the commissioner determines. The commissioner annually by February 15 must
make summary data about this program available to the education policy and
finance committees of the legislature.
(b) Each school district and
charter school that receives a grant under this section annually must report to
the commissioner, consistent with the Uniform Financial Accounting and
Reporting Standards, its actual expenditures for advanced placement and
preadvanced placement programs. The
report must demonstrate that the school district or charter school has
maintained its effort from other sources for advanced placement and preadvanced
placement programs compared with the previous fiscal year, and the district or
charter school has expended all grant funds, consistent with its approved
budget.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to the
2006-2007 school year.
Sec. 2. [122A.416]
Notwithstanding sections 122A.413,
122A.414, 122A.415, and 126C.10, multidistrict integration collaboratives and
the
EFFECTIVE DATE. This section
is effective for revenue for fiscal year 2007.
Sec. 3. Minnesota Statutes 2004, section 181.101, is
amended to read:
181.101 WAGES; HOW OFTEN PAID.
Every employer must pay all wages
earned by an employee at least once every 31 days on a regular pay day
designated in advance by the employer regardless of whether the employee
requests payment at longer intervals.
Unless paid earlier, the wages earned during the first half of the first
31-day pay period become due on the first regular payday following the first
day of work. If wages earned are not
paid, the commissioner of labor and industry or the commissioner's
representative may demand payment on behalf of an employee. If payment is not made within ten days of
demand, the commissioner may charge and collect the wages earned and a penalty
in the amount of the employee's average daily earnings at the rate agreed upon
in the contract of employment, not exceeding 15 days in all, for each day
beyond the ten-day limit following the demand.
Money collected by the commissioner must be paid to the employee
concerned. This section does not prevent
an employee from prosecuting a claim for wages.
This section does not prevent a school district under
section 120A.22, from paying any wages earned by its employees during a
school year on regular pay days in the manner provided by an applicable
contract or collective bargaining agreement, or a personnel policy adopted by
the governing board. For purposes of
this section, "employee" includes a person who performs agricultural
labor as defined in section 181.85, subdivision 2. For purposes of this section, wages are
earned on the day an employee works. or, other
public school entity, or other school, as defined
Sec. 4. CHINESE
LANGUAGE PROGRAMS; CURRICULUM DEVELOPMENT PROJECT.
Subdivision 1. Project
parameters. (a)
Notwithstanding other law to the contrary, the commissioner of education may
contract with the Board of Regents of the University of Minnesota or other
Minnesota public entity the commissioner determines is qualified to undertake
the development of an articulated K-12 Chinese curriculum for Minnesota schools
that involves:
(1) creating a network of Chinese
teachers and educators able to develop new and modify or expand existing world
languages K-12 curricula, materials, assessments, and best practices needed to
provide Chinese language instruction to students; and
(2) coordinating statewide efforts
to develop and expand Chinese language instruction so that it is uniformly
available to students throughout the state, and making innovative use of media
and technology, including television, distance learning, and online courses to
broaden students' access to the instruction.
(b) The entity with which the
commissioner contracts under paragraph (a) must have sufficient knowledge and
expertise to ensure the professional development of appropriate, high-quality
curricula, supplementary materials, aligned assessments, and best practices
that accommodate different levels of student ability and types of programs.
(c) Project participants must:
(1) work throughout the project to
develop curriculum, supplementary materials, aligned assessments, and best
practices; and
(2) make curriculum, supplementary
materials, aligned assessments, and best practices equitably available to
Subd. 2. Project
participants. The entity with
which the commissioner contracts must work with the network of Chinese teachers
and educators to:
(1) conduct an inventory of Chinese
language curricula, supplementary materials, and professional development
initiatives currently used in
(2) develop Chinese language
curricula and benchmarks aligned to local world language standards and
classroom-based assessments; and
(3) review and recommend to the
commissioner how best to build an educational infrastructure to provide more
students with Chinese language instruction, including how to develop and
provide: (i) an adequate supply of Chinese language teachers; (ii) an adequate number
of high-quality school programs; (iii) appropriate curriculum, instructional
materials, and aligned assessments that include technology-based delivery
systems; (iv) teacher preparation programs to train Chinese language teachers;
(v) expedited licensing of Chinese language teachers; (vi) best practices in
existing educational programs that can be used to establish K-12 Chinese
language programs; and (vii) technical assistance resources.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec.
5. NORTHWESTERN
ONLINE COLLEGE IN THE HIGH SCHOOL PROGRAM.
For fiscal year 2007 only, the
Sec. 6. CHARACTER
DEVELOPMENT EDUCATION REVENUE; PILOT PROGRAM.
Subdivision 1. Pilot
program created. A pilot
program is created to allow school districts to receive character development
education revenue to purchase curriculum for the purposes of
Subd. 2. Approved
provider list. The
commissioner of education shall maintain a character development education
curriculum approved provider list. The
character development education curriculum of approved providers shall be
research based with at least one completed relational study covering a period
of no fewer than five years and completed by an independent party. Approved character development education
curriculum must include:
(1) age appropriate character
development for the classroom in all elementary and secondary grades;
(2) curriculum for character
development extracurricular activities;
(3) teacher training workshops and
in-service training;
(4) plans for school assemblies
promoting character development;
(5) midyear consulting between the
school district and the provider; and
(6) an assessment program.
Subd. 3. Application
and selection process. A
school district may submit to the commissioner an application for funding in
the form and manner specified by the commissioner. The commissioner shall approve applications
that propose to use an approved provider and that agree to use the program as
recommended by the provider. The
commissioner must approve or disapprove an application within 30 days of
receipt on a first-come, first-served basis.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 7. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2.
$50,000 . . . . . 2007
This is a onetime appropriation.
Subd.
3.
$250,000 . . . . . 2007
The commissioner must report to the
house of representatives and senate committees having jurisdiction over
kindergarten through grade 12 education policy and finance on the range of the
program by February 15, 2007. The report
shall address the applicability of the Chinese language curriculum project to
other world languages and include the availability of instructors, curriculum,
high-quality school programs, assessments, and best practices as they apply to
world languages.
This is a onetime appropriation.
Subd. 4. Advanced
placement increased student participation. For the increased participation of
students in advanced placement programs under
$1,000,000 . . . . . 2007
This is a onetime appropriation.
Subd. 5. Character
development education revenue. For
the character development education revenue pilot program under section 6:
$1,500,000 . . . . . 2007
This is a onetime appropriation.
Subd. 6. Scholars
of distinction. For the scholars
of distinction program:
$25,000 . . . . . 2007
This is a onetime appropriation.
Subd. 7. TIMMS
Study. For the department to
contract with Boston College for Minnesota 4th and 8th grade students to
participate in the TIMMS International assessment of student achievement in
mathematics and science:
$500,000 . . . . . 2007
School districts must apply to
participate in the study on a form and in the manner prescribed by the
commissioner. The commissioner may
select districts to participate if more districts than those applying are
needed for the study. The provisions of
The Department of Education must
receive at least $150,000 in private sector gifts or bequests to support the
TIMMS study by July 1, 2006. If the
Department of Education does not receive $150,000 in private gifts or bequests
by July 1, 2006, the amount appropriated in this subdivision shall immediately
cancel.
This is a onetime appropriation.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE
5
FACILITIES, ACCOUNTING, AND
TECHNOLOGY
Section 1. Minnesota Statutes 2004, section 123B.57,
subdivision 6, is amended to read:
Subd. 6. Uses of
health and safety revenue. (a)
Health and safety revenue may be used only for approved expenditures necessary
to correct fire and life safety hazards, or for the removal or encapsulation of
asbestos from school buildings or property owned or being acquired by the
district, asbestos-related repairs, cleanup and disposal of polychlorinated
biphenyls found in school buildings or property owned or being acquired by the
district, or the cleanup, removal, disposal, and repairs related to storing
heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and
special fuel, as defined in section 296A.01, Minnesota occupational safety and
health administration regulated facility and equipment hazards, indoor air
quality mold abatement, upgrades or replacement of mechanical ventilation
systems to meet American Society of Heating, Refrigerating and Air Conditioning
Engineers standards and State Mechanical Code, Department of Health Food Code
and swimming pool hazards excluding depth correction, and health, safety, and
environmental management. Testing and
calibration activities are permitted for existing mechanical ventilation
systems at intervals no less than every five years. Health and safety revenue must not be
used to finance a lease purchase agreement, installment purchase agreement, or
other deferred payments agreement.
Health and safety revenue must not be used for the construction of new
facilities or the purchase of portable classrooms, for interest or other
financing expenses, or for energy efficiency projects under section
123B.65. The revenue may not be used for
a building or property or part of a building or property used for postsecondary
instruction or administration or for a purpose unrelated to elementary and
secondary education.
(b) Notwithstanding paragraph (a),
health and safety revenue must not be used for replacement of building
materials or facilities including roof, walls, windows, internal fixtures and
flooring, nonhealth and safety costs associated with demolition of facilities,
structural repair or replacement of facilities due to unsafe conditions,
violence prevention and facility security, ergonomics, building and heating,
ventilating and air conditioning supplies, maintenance, and cleaning,
testing, and calibration activities.
All assessments, investigations, inventories, and support equipment not
leading to the engineering or construction of a project shall be included in
the health, safety, and environmental management costs in subdivision 8,
paragraph (a).
EFFECTIVE DATE. This
section is effective for revenue for fiscal year 2008 and later.
Sec. 2. Laws 2005, First Special Session chapter 5,
article 4, section 25, subdivision 3, is amended to read:
Subd. 3. Debt
service equalization. For debt
service aid according to Minnesota Statutes, section 123B.53, subdivision
6:
$25,654,000
27,206,000 .
. . . . 2006
$24,134,000
18,410,000 .
. . . . 2007
The 2006 appropriation includes
$4,654,000 for 2005 and $21,000,000 $22,552,000 for 2006.
The 2007 appropriation includes $3,911,000
$2,504,000 for 2006 and $20,223,000 $15,906,000 for
2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec.
3. Laws 2005, First Special Session
chapter 5, article 4, section 25, subdivision 6, is amended to read:
Subd. 6. Emergency
aid,
50,000
$524,000 .
. . . . 2006
The school district must submit proposed
expenditures for these funds for review and comment approval under Minnesota
Statutes, section 123B.71 actual expenditure information to support this
appropriation to the Department of Education, before the commissioner
releases the funds to the district. The
district must report the amount of its unreimbursed costs to the commissioner.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 4. APPROPRIATION;
WASECA LEVY.
Independent School District No.
829, Waseca, may levy up to $344,000 beginning in 2006 over five years for
health and safety revenue lost due to miscalculation. $316,000 is appropriated
in fiscal year 2007 to the commissioner of education for payment of the aid
portion of lost revenue. If the district
does not levy the full amount authorized within the five-year period, other
state aid due to the district shall be reduced proportionately. This is a onetime appropriation for fiscal
year 2007.
Sec. 5. APPROPRIATION;
ROCORI SCHOOL DISTRICT.
$137,000 is appropriated in fiscal
year 2007 from the general fund to the commissioner of education for a grant to
Independent School District No. 750, Rocori.
The grant is for a continuation of district activities that were
developed in concert with the district's federal School Emergency Response to
Violence, or Project SERV, grant. The
grant may be used to continue the district's recovery efforts, and uses
include: an academic program and impact of tragedy or program assessment of
educational adequacy; an organizational analysis; a strategic planning
overview; a district assessment survey; continued recovery support; staff
development initiatives; and any other activities developed in response to the
federal Project SERV grant.
The base budget for this program
for fiscal year 2008 only is $53,000.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 6. FUND
TRANSFERS.
Subdivision 1. A.C.G.C. Notwithstanding Minnesota Statutes,
sections 123B.79, 123B.80, and 475.61, subdivision 4, Independent School
District No. 2396, A.C.G.C., on June 30, 2006, may permanently transfer up to
$203,000 from its reserved account for disabled accessibility to its
unrestricted general fund without making a levy reduction.
Subd. 2. Alden-Conger. Notwithstanding Minnesota Statutes,
sections 123B.79 and 123B.80, as of June 30, 2006, Independent School District
No. 242, Alden-Conger, may permanently transfer up to $127,000 from its
reserved for disabled accessibility account to its unrestricted general fund
account without making a levy reduction.
Subd. 3. Fosston. Notwithstanding Minnesota Statutes,
sections 123B.79 and 123B.80, as of June 30, 2006, Independent School District
No. 601, Fosston, may permanently transfer up to $80,000 from its reserved for
disabled accessibility account to its unrestricted general fund account without
making a levy reduction.
Subd.
4.
Subd. 5. Lester
Prairie. Notwithstanding
Minnesota Statutes, sections 123B.79 or 123B.80, on June 30, 2006, Independent
School District No. 424, Lester Prairie, may permanently transfer up to
$150,000 from its reserved for operating capital account and up to $107,000
from its reserved for severance account, to its undesignated balance in the
general fund.
Subd. 6. Milroy. Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, on June 30, 2006, Independent School District No.
635, Milroy, may permanently transfer up to $26,000 from its reserved for
disability accessibility account to its undesignated general fund balance
without making a levy reduction.
Subd. 7. Northland
Community Schools. Notwithstanding
Minnesota Statutes, section 123B.79 or 123B.80, on or before June 30, 2006,
Independent School District No. 118, Northland Community Schools, may
permanently transfer up to $197,000 from its reserved for disabled
accessibility account to its reserved for operating capital account in its
general fund without making a levy reduction.
Subd. 8. Tyler. Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, Independent School District No. 409, Tyler, on June
30, 2006, may, based on the approval of the commissioner of education, permanently
transfer up to $451,000 from its reserved for capital operating account to its
debt redemption fund. The commissioner
of education must only allow this fund transfer if it is in the best interest
of the Russell-Tyler-Ruthton school district consolidation.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 7. HEALTH
AND SAFETY REVENUE USES; BELLE PLAINE.
Notwithstanding Minnesota Statutes,
sections 123B.57 and 123B.59, upon approval of the commissioner of education,
Independent School District No. 716, Belle Plaine, may use up to $125,000 of
its health and safety revenue raised through an alternative facilities bond for
other qualifying health and safety projects.
EFFECTIVE DATE. This section
is effective the day following final enactment.
ARTICLE 6
NUTRITION
Section 1. Minnesota Statutes 2005 Supplement, section
124D.111, subdivision 1, is amended to read:
Subdivision 1. School
lunch aid computation. Each school
year, the state must pay participants in the national school lunch program the
amount of ten 10.5 cents for each full paid, reduced, and free
student lunch served to students.
Sec. 2. Laws 2005, First Special Session chapter 5,
article 5, section 17, subdivision 2, is amended to read:
Subd. 2. School
lunch. For school lunch aid
according to Minnesota Statutes, section 124D.111, and Code of Federal
Regulations, title 7, section 210.17:
$8,998,000
9,760,000 .
. . . . 2006
$9,076,000
10,391,000 .
. . . . 2007
EFFECTIVE DATE. This section
is effective the day following final enactment.
ARTICLE
7
EDUCATION FORECAST ADJUSTMENTS
A.
GENERAL EDUCATION
Section 1. Laws 2005, First Special Session chapter 5,
article 1, section 54, subdivision 3, is amended to read:
Subd. 3. Referendum
tax base replacement aid. For
referendum tax base replacement aid under Minnesota Statutes, section 126C.17,
subdivision 7a:
$8,704,000
9,200,000 .
. . . . 2006
$8,704,000 . . . . . 2007
The 2006 appropriation includes
$1,366,000 for 2005 and $7,338,000 $7,834,000 for 2006.
The 2007 appropriation includes $1,366,000
$870,000 for 2006 and $7,338,000 $7,834,000 for 2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. Laws 2005, First Special Session chapter 5,
article 1, section 54, subdivision 5, is amended to read:
Subd. 5. Abatement revenue. For abatement aid under Minnesota
Statutes, section 127A.49:
$903,000
909,000 .
. . . . 2006
$955,000
1,026,000 .
. . . . 2007
The 2006 appropriation includes
$187,000 for 2005 and $716,000 $722,000 for 2006.
The 2007 appropriation includes $133,000
$80,000 for 2006 and $822,000 $946,000 for 2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Laws 2005, First Special Session chapter 5,
article 1, section 54, subdivision 6, is amended to read:
Subd. 6. Consolidation transition. For districts consolidating under
Minnesota Statutes, section 123A.485:
$253,000
527,000 .
. . . . 2007
The 2007 appropriation includes $0
for 2006 and $253,000 $527,000 for 2007.
Sec. 4. Laws 2005, First Special Session chapter 5,
article 1, section 54, subdivision 7, is amended to read:
Subd. 7. Nonpublic
pupil education aid. For nonpublic
pupil education aid under Minnesota Statutes, sections 123B.87 and 123B.40 to
123B.43:
$15,370,000
15,458,000 .
. . . . 2006
$16,434,000
15,991,000 .
. . . . 2007
The
2006 appropriation includes $2,305,000 $1,864,000 for 2005 and $13,065,000
$13,594,000 for 2006.
The 2007 appropriation includes $2,433,000
$1,510,000 for 2006 and $14,001,000 $14,481,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 5. Laws 2005, First Special Session chapter 5,
article 1, section 54, subdivision 8, is amended to read:
Subd. 8. Nonpublic pupil
transportation. For nonpublic pupil
transportation aid under Minnesota Statutes, section 123B.92, subdivision 9:
$21,451,000
21,371,000 .
. . . . 2006
$23,043,000
20,843,000 .
. . . . 2007
The 2006 appropriation includes $3,274,000
for 2005 and $18,177,000 $18,097,000 for 2006.
The 2007 appropriation includes $3,385,000
$2,010,000 for 2006 and $19,658,000 $18,833,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
B.
EDUCATION EXCELLENCE
Sec. 6. Laws 2005, First Special Session chapter 5,
article 2, section 84, subdivision 2, is amended to read:
Subd. 2. Charter
school building lease aid. For
building lease aid under Minnesota Statutes, section 124D.11, subdivision
4:
$25,465,000
25,331,000 .
. . . . 2006
$30,929,000
27,806,000 .
. . . . 2007
The 2006 appropriation includes $3,324,000
$3,173,000 for 2005 and $22,141,000 $22,158,000 for
2006.
The 2007 appropriation includes $4,123,000
$2,462,000 for 2006 and $26,806,000 $25,344,000 for
2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 7. Laws 2005, First Special Session chapter 5,
article 2, section 84, subdivision 3, is amended to read:
Subd. 3. Charter school startup aid. For charter school startup cost aid under
Minnesota Statutes, section 124D.11:
$1,393,000
1,291,000 .
. . . . 2006
$3,185,000
2,347,000 .
. . . . 2007
The 2006 appropriation includes $0
for 2005 and $1,393,000 $1,291,000 for 2006.
The 2007 appropriation includes $259,000
$143,000 for 2006 and $2,926,000 $2,204,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec.
8. Laws 2005, First Special Session
chapter 5, article 2, section 84, subdivision 4, is amended to read:
Subd. 4. Integration
aid. For integration aid under
Minnesota Statutes, section 124D.86, subdivision 5:
$57,801,000
59,404,000 .
. . . . 2006
$57,536,000
58,405,000 .
. . . . 2007
The 2006 appropriation includes
$8,545,000 for 2005 and $49,256,000 $50,859,000 for 2006.
The 2007 appropriation includes $9,173,000
$5,650,000 for 2006 and $48,363,000 $52,755,000 for
2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 9. Laws 2005, First Special Session chapter 5,
article 2, section 84, subdivision 6, is amended to read:
Subd. 6. Interdistrict
desegregation or integration transportation grants. For interdistrict desegregation or
integration transportation grants under Minnesota Statutes, section
124D.87:
$7,768,000
6,032,000 .
. . . . 2006
$9,908,000
10,134,000 .
. . . . 2007
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 10. Laws 2005, First Special Session chapter 5,
article 2, section 84, subdivision 7, is amended to read:
Subd. 7. Success
for the future. For American Indian
success for the future grants under Minnesota Statutes, section 124D.81:
$2,137,000
2,240,000 .
. . . . 2006
$2,137,000 . . . . . 2007
The 2006 appropriation includes $335,000
$316,000 for 2005 and $1,802,000 $1,924,000 for 2006.
The 2007 appropriation includes $335,000
$213,000 for 2006 and $1,802,000 $1,924,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 11. Laws 2005, First Special Session chapter 5,
article 2, section 84, subdivision 10, is amended to read:
Subd. 10. Tribal
contract schools. For tribal
contract school aid under Minnesota Statutes, section 124D.83:
$2,389,000
2,338,000 .
. . . . 2006
$2,603,000
2,357,000 .
. . . . 2007
The 2006 appropriation includes
$348,000 for 2005 and $2,041,000 $1,990,000 for 2006.
The 2007 appropriation includes $380,000
$221,000 for 2006 and $2,223,000 $2,136,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
C. SPECIAL PROGRAMS
Sec. 12. Laws 2005, First Special Session chapter 5,
article 3, section 18, subdivision 2, is amended to read:
Subd. 2. Special
education; regular. For special
education aid under Minnesota Statutes, section 125A.75:
$528,846,000
559,485,000 .
. . . . 2006
$527,446,000
528,106,000 .
. . . . 2007
The 2006 appropriation includes
$83,078,000 for 2005 and $445,768,000 $476,407,000 for 2006.
The 2007 appropriation includes $83,019,000
$52,934,000 for 2006 and $444,427,000 $475,172,000 for
2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 13. Laws 2005, First Special Session chapter 5,
article 3, section 18, subdivision 3, is amended to read:
Subd. 3. Aid for children with
disabilities. For aid under
Minnesota Statutes, section 125A.75, subdivision 3, for children with
disabilities placed in residential facilities within the district boundaries
for whom no district of residence can be determined:
$2,212,000
1,527,000 .
. . . . 2006
$2,615,000
1,624,000 .
. . . . 2007
If the appropriation for either year
is insufficient, the appropriation for the other year is available.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 14. Laws 2005, First Special Session chapter 5,
article 3, section 18, subdivision 4, is amended to read:
Subd. 4. Travel
for home-based services. For aid for
teacher travel for home-based services under Minnesota Statutes, section
125A.75, subdivision 1:
$187,000
198,000 .
. . . . 2006
$195,000 . . . . . 2007
The 2006 appropriation includes
$28,000 for 2005 and $159,000 $170,000 for 2006.
The 2007 appropriation includes $29,000
$18,000 for 2006 and $166,000 $177,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 15. Laws 2005, First Special Session chapter 5,
article 3, section 18, subdivision 5, is amended to read:
Subd. 5. Special
education; excess costs. For excess
cost aid under Minnesota Statutes, section 125A.79, subdivision 7:
$102,083,000
106,453,000 .
. . . . 2006
$104,286,000
104,333,000 .
. . . . 2007
The
2006 appropriation includes $37,455,000 for 2005 and $64,628,000 $68,998,000
for 2006.
The 2007 appropriation includes $38,972,000
$34,602,000 for 2006 and $65,314,000 $69,731,000 for
2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 16. Laws 2005, First Special Session chapter 5,
article 3, section 18, subdivision 6, is amended to read:
Subd. 6. Transition
for disabled students. For aid for
transition programs for children with disabilities under Minnesota Statutes,
section 124D.454:
$8,788,000
9,300,000 .
. . . . 2006
$8,765,000
8,781,000 .
. . . . 2007
The 2006 appropriation includes
$1,380,000 for 2005 and $7,408,000 $7,920,000 for 2006.
The 2007 appropriation includes $1,379,000
$880,000 for 2006 and $7,386,000 $7,901,000 for 2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 17. Laws 2005, First Special Session chapter 5,
article 3, section 18, subdivision 7, is amended to read:
Subd. 7. Court-placed special education
revenue. For reimbursing serving
school districts for unreimbursed eligible expenditures attributable to
children placed in the serving school district by court action under Minnesota
Statutes, section 125A.79, subdivision 4:
$65,000
46,000 .
. . . . 2006
$70,000 . . . . . 2007
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 18. Laws 2005, First Special Session chapter 5,
article 4, section 25, subdivision 2, is amended to read:
Subd. 2. Health
and safety revenue. For health and
safety aid according to Minnesota Statutes, section 123B.57, subdivision
5:
$802,000
823,000 .
. . . . 2006
$578,000
352,000 .
. . . . 2007
The 2006 appropriation includes
$211,000 for 2005 and $591,000 $612,000 for 2006.
The 2007 appropriation includes $109,000
$68,000 for 2006 and $469,000 $284,000 for 2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec.
19. Laws 2005, First Special Session
chapter 5, article 4, section 25, subdivision 4, is amended to read:
Subd. 4. Alternative facilities bonding
aid. For alternative facilities
bonding aid, according to Minnesota Statutes, section 123B.59, subdivision
1:
$19,287,000
20,387,000 .
. . . . 2006
$19,287,000 . . . . . 2007
The 2006 appropriation includes
$3,028,000 for 2005 and $16,259,000 $17,359,000 for 2006.
The 2007 appropriation includes $3,028,000
$1,928,000 for 2006 and $16,259,000 $17,359,000 for
2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
D.
NUTRITION
Sec. 20. Laws 2005, First Special Session chapter 5,
article 5, section 17, subdivision 3, is amended to read:
Subd. 3. Traditional
school breakfast; kindergarten milk. For
traditional school breakfast aid and kindergarten milk under Minnesota
Statutes, sections 124D.1158 and 124D.118:
$4,878,000
4,856,000 .
. . . . 2006
$4,968,000
5,044,000 .
. . . . 2007
EFFECTIVE DATE. This section
is effective the day following final enactment.
E.
LIBRARIES
Sec. 21. Laws 2005, First Special Session chapter 5,
article 6, section 1, subdivision 2, is amended to read:
Subd. 2. Basic
system support. For basic system
support grants under Minnesota Statutes, section 134.355:
$8,570,000
9,058,000 .
. . . . 2006
$8,570,000 . . . . . 2007
The 2006 appropriation includes
$1,345,000 for 2005 and $7,225,000 $7,713,000 for 2006.
The 2007 appropriation includes $1,345,000
$857,000 for 2006 and $7,225,000 $7,713,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 22. Laws 2005, First Special Session chapter 5, article
6, section 1, subdivision 3, is amended to read:
Subd. 3. Multicounty,
multitype library systems. For
grants under Minnesota Statutes, sections 134.353 and 134.354, to multicounty,
multitype library systems:
$903,000
954,000 .
. . . . 2006
$903,000 . . . . . 2007
The
2006 appropriation includes $141,000 for 2005 and $762,000 $813,000
for 2006.
The 2007 appropriation includes $141,000
$90,000 for 2006 and $762,000 $813,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 23. Laws 2005, First Special Session chapter 5,
article 6, section 1, subdivision 5, is amended to read:
Subd. 5. Regional
library telecommunications aid. For
regional library telecommunications aid under Minnesota Statutes, section
134.355:
$1,200,000
1,268,000 .
. . . . 2006
$1,200,000 . . . . . 2007
The 2006 appropriation includes
$188,000 for 2005 and $1,012,000 $1,080,000 for 2006.
The 2007 appropriation includes $188,000
$120,000 for 2006 and $1,012,000 $1,080,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
F.
EARLY CHILDHOOD EDUCATION
Sec. 24. Laws 2005, First Special Session chapter 5,
article 7, section 20, subdivision 2, is amended to read:
Subd. 2. School
readiness. For revenue for school
readiness programs under Minnesota Statutes, sections 124D.15 and 124D.16:
$9,020,000
9,528,000 .
. . . . 2006
$9,042,000
9,020,000 .
. . . . 2007
The 2006 appropriation includes $1,417,000
$1,415,000 for 2005 and $7,603,000 $8,113,000 for
2006.
The 2007 appropriation includes $1,415,000
$901,000 for 2006 and $7,627,000 $8,119,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
G.
PREVENTION
Sec. 25. Laws 2005, First Special Session chapter 5,
article 8, section 8, subdivision 2, is amended to read:
Subd. 2. Community
education aid. For community
education aid under Minnesota Statutes, section 124D.20:
$1,918,000
2,043,000 .
. . . . 2006
$1,837,000
1,949,000 .
. . . . 2007
The 2006 appropriation includes $390,000
$385,000 for 2005 and $1,528,000 $1,658,000 for 2006.
The 2007 appropriation includes $284,000
$184,000 for 2006 and $1,553,000 $1,765,000 for 2007.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec.
26. Laws 2005, First Special Session
chapter 5, article 8, section 8, subdivision 3, is amended to read:
Subd. 3. Adults
with disabilities program aid. For
adults with disabilities programs under Minnesota Statutes, section
124D.56:
$710,000
750,000 .
. . . . 2006
$710,000 . . . . . 2007
The 2006 appropriation includes
$111,000 for 2005 and $599,000 $639,000 for 2006.
The 2007 appropriation includes $111,000
$71,000 for 2006 and $599,000 $639,000 for 2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 27. Laws 2005, First Special Session chapter 5,
article 8, section 8, subdivision 5, is amended to read:
Subd. 5. School-age
care revenue. For extended day aid under
Minnesota Statutes, section 124D.22:
$17,000 . . . . . 2006
7,000
$4,000 .
. . . ... 2007
The 2006 appropriation includes
$4,000 for 2005 and $13,000 for 2006.
The 2007 appropriation includes $2,000
$1,000 for 2006 and $5,000 $3,000 for 2007.
ARTICLE 8
HIGHER EDUCATION
Section 1. HIGHER
EDUCATION APPROPRIATIONS.
The sum shown in the column marked
"APPROPRIATION" is added to the appropriations in Laws 2005, chapter
107, article 1, or other law to the agency and for the purposes specified in
this article. The appropriation is from
the general fund or another named fund and is available for the fiscal year
indicated for the purpose. The figure
"2007" used in this article means that the addition to the
appropriation listed under it is available for the fiscal year ending June 30,
2007.
APPROPRIATIONS
Available
for the Year
Ending June
30, 2007
Sec. 2.
BOARD OF REGENTS $5,000,000
To the Board
of Regents of the University of Minnesota for the purposes of section 8. 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
APPROPRIATIONS
Available
for the Year
Ending June
30, 2007
programs;
ongoing operations of industrial liaison activities; and operation of leased
facilities. The funding base for
activities related to section 8 is $5,000,000 for fiscal year 2008 and
$6,330,000 for fiscal year 2009.
Sec.
3. Minnesota Statutes 2004, section
136A.101, subdivision 8, is amended to read:
Subd.
8. Resident
student. "Resident
student" means a student who meets one of the following conditions:
(1) a
student who has resided in Minnesota for purposes other than postsecondary
education for at least 12 months without being enrolled at a postsecondary
educational institution for more than five credits in any term;
(2) a
dependent student whose parent or legal guardian resides in Minnesota at the
time the student applies;
(3) a
student who graduated from a Minnesota high school, if the student was a
resident of Minnesota during the student's period of attendance at the
Minnesota high school and the student is physically attending a Minnesota
postsecondary educational institution; or
(4) a
student who, after residing in the state for a minimum of one year, earned a
high school equivalency certificate in Minnesota.;
(5) a
member, spouse, or dependent of a member of the armed forces of the United
States stationed in Minnesota on active federal military service as defined in
section 190.05, subdivision 5c;
(6) a
person or spouse of a person who relocated to Minnesota from an area that is
declared a presidential disaster area within the preceding 12 months if the
disaster interrupted the person's postsecondary education; or
(7) a
person defined as a refugee under United States Code, title 8, section
1101(a)(42), who, upon arrival in the United States, moved to Minnesota and has
continued to reside in Minnesota.
Sec.
4. Minnesota Statutes 2004, section
136A.15, subdivision 9, is amended to read:
Subd.
9. Minnesota
resident student. "Minnesota
resident student" means a student who meets one of the following
conditions in section 136A.101, subdivision 8.:
(1) a
student who has resided in Minnesota for purposes other than postsecondary
education for at least 12 months without being enrolled at a postsecondary
educational institution for more than five credits in any term;
(2) a
dependent student whose parent or legal guardian resides in Minnesota at the
time the student applies;
(3) a
student who graduated from a Minnesota high school, if the student was a
resident of Minnesota during the student's period of attendance at the
Minnesota high school and the student is physically attending a Minnesota
postsecondary educational institution; or
(4) a
student who, after residing in the state for a minimum of one year, earned a
high school equivalency certificate in Minnesota.
Sec.
5. Minnesota Statutes 2004, section
136A.1701, subdivision 4, is amended to read:
Subd.
4. Terms
and conditions of loans. (a) The
office may loan money upon such terms and conditions as the office may
prescribe. The principal amount of a
loan to an undergraduate student for a single academic year shall not exceed
$6,000 for grade levels 1 and 2 effective July 1, 2006, through June 30,
2007. Effective July 1, 2007, the
principal amount of a loan for grade levels 1 and 2 shall not exceed
$7,500. The principal amount of a loan
for grade levels 3, 4, and 5 shall not exceed $7,500 effective July 1, 2006. The aggregate principal amount of all loans
made under this section to an undergraduate student shall not exceed $25,000
$34,500 through June 30, 2007, and $37,500 after June 30, 2007. The principal amount of a loan to a graduate
student for a single academic year shall not exceed $9,000. The aggregate principal amount of all loans
made under this section to a student as a an undergraduate and
graduate student shall not exceed $40,000. $52,500 through June 30,
2007, and $55,500 after June 30, 2007. The amount of the loan may not exceed
the cost of attendance less all other financial aid, including PLUS loans or
other similar parent loans borrowed on the student's behalf. The cumulative SELF loan debt must not exceed
the borrowing maximums in paragraph (b).
(b) The
cumulative undergraduate borrowing maximums for SELF loans are:
(1)
effective July 1, 2006, through June 30, 2007:
(i) grade
level 1, $6,000;
(ii) grade
level 2, $12,000;
(iii) grade
level 3, $19,500;
(iv) grade
level 4, $27,000; and
(v) grade
level 5, $34,500; and
(2)
effective July 1, 2007:
(i) grade
level 1, $7,500;
(ii) grade
level 2, $15,000;
(iii) grade
level 3, $22,500;
(iv) grade
level 4, $30,000; and
(v) grade
level 5, $37,500.
Sec. 6. Minnesota Statutes 2004, section 136A.1701,
subdivision 7, is amended to read:
Subd.
7. Repayment
of loans. (a) The office
shall establish repayment procedures for loans made under this section, but in
no event shall the period of permitted repayment for SELF II or SELF III
loans exceed ten years from the eligible student's termination of the
student's postsecondary academic or vocational program, or 15 years from the
date of the student's first loan under this section, whichever is less.
(b) For SELF
loans from phases after SELF III, eligible students with aggregate principal
loan balances from all SELF phases that are less than $18,750 shall have a
repayment period not exceeding ten years from the eligible student's graduation
or termination date. For SELF loans from
phases after SELF III, eligible students with aggregate principal loan balances
from all SELF phases of $18,750 or greater shall have a repayment period not
exceeding 15 years from the eligible student's graduation or termination
date. For SELF loans from phases after
SELF III, the loans shall enter repayment no later than seven years after the
first disbursement date on the loan.
Sec.
7. 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.
8. 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 University of Minnesota should expand higher education offerings in
Rochester that it is uniquely qualified to provide. To the extent possible, the Board of Regents
should provide its offerings in partnership with higher education institutions
that already serve Rochester and the southeastern region of Minnesota, and
should avoid unnecessary duplicative offerings of courses and programs,
particularly in nursing and allied health programs.
The Board
of Trustees of the Minnesota State Colleges and Universities shall cooperate to
achieve the foregoing.
Sec.
9. 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 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.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
Sec.
10. REPEALER.
Minnesota
Statutes 2004, section 137.17, subdivisions 2 and 4, are repealed.
ARTICLE 9
ENVIRONMENT,
NATURAL RESOURCES, AND AGRICULTURE
Section 1. ENVIRONMENTAL,
NATURAL RESOURCES, AND AGRICULTURAL APPROPRIATIONS.
The sums shown in the columns marked
"APPROPRIATIONS" are added to the appropriations in Laws 2005, First
Special Session chapter 1, articles 1 and 2, 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
for each purpose. The figures
"2006" and "2007" used in this article mean that the
appropriation or appropriations listed under them are available for the fiscal
year ending June 30, 2006, or June 30, 2007, respectively. Appropriations in this article for the fiscal
year ending June 30, 2006, are effective the day following final enactment.
SUMMARY BY FUND
2006 2007 TOTAL
General $577,000 $1,838,000 $2,415,000
Natural
Resources -0- 530,000 530,000
TOTAL $577,000 $2,368,000 $2,945,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Sec. 2.
DEPARTMENT OF AGRICULTURE
$158,000 $648,000
This appropriation includes
money for the following purposes:
(a)
Invasive species control activities 118,000 130,000
(b) Compensation payments
for livestock depredation and crop damage 40,000 53,000
(c) Plant
pathology and biological control facility operations -0- 190,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
(d) Grant to Second Harvest
Heartland on behalf of Minnesota's six Second Harvest food banks -0- 200,000
For the
purchase of milk for distribution to Minnesota's food shelves and other
charitable organizations that are eligible to receive food from the food
banks. This appropriation becomes
base-level funding.
Milk
purchased under the grants must be acquired from Minnesota milk processors and
based on low-cost bids. The milk must be
allocated to each Second Harvest food bank serving Minnesota according to the
formula used in the distribution of United States Department of Agriculture
commodities under the Emergency Food Assistance Program. Second Harvest Heartland must submit
quarterly reports to the commissioner on forms prescribed by the commissioner. The reports must include, but are not limited
to, information on the expenditure of money, the amount of milk purchased, and
the organizations to which the milk was distributed. Second Harvest Heartland may enter into
contracts or agreements with food banks for shared funding or reimbursement of
the direct purchase of milk. Each food
bank receiving money from this appropriation may use up to two percent of the
grant for administrative expenses.
(e)
Renewable energy -0- 75,000
To the
Department of Agriculture for handling increased renewable energy inquiries.
Sec. 3.
BOARD OF ANIMAL HEALTH
277,000 408,000
To
eliminate bovine tuberculosis from cattle herds in Minnesota. This is a onetime appropriation.
Sec. 4.
DEPARTMENT OF NATURAL
RESOURCES 142,000 1,312,000
Summary by Fund
2006 2007
General 142,000 782,000
Natural
Resources -0- 530,000
(a) Bovine
tuberculosis surveillance and diagnosis 88,000 132,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
To the
Department of Natural Resources to diminish the risk of disease transmission in
domestic livestock. This is a onetime
appropriation.
(b) Invasive
species -0- 550,000
To the
Department of Natural Resources for prevention and control of harmful invasive
species. This appropriation includes
money for the control of curly leaf pondweed in Lake Osakis.
(c)
Minnesota Shooting Sports Education Center -0- 100,000
The
commissioner may make direct expenditures for the operation of the center or
contract with another entity to operate the center. This appropriation is available only to the
extent it is matched by at least $1 of nonstate money from gifts or grants for
each $2 of state money. This appropriation
is added to the agency base of the Department of Natural Resources.
(d) Canoe
routes -0- 130,000
This
appropriation is from the water recreation account in the natural resources
fund to the commissioner of natural resources to cooperate with local units of
government in marking routes and designating river accesses and campsites under
Minnesota Statutes, section 85.32. This
is a onetime appropriation and is available until spent.
(e)
Emergency deterrent materials assistance 54,000 -0-
For the
emergency deterrent materials assistance program under Minnesota Statutes,
section 97A.028, subdivision 3. This is
a onetime appropriation and is available until June 30, 2007.
(f) State
park and recreation area operation -0- 400,000
$400,000 is
from the state parks account in the natural resources fund for state park and
recreation area operations and for the operation and maintenance of the U.S.
Army Corps of Engineers recreation sites on Cross Lake, Gull Lake, Sandy Lake,
Leech Lake, Lake Pokegama, and Lake Winnibigoshish. The expenditure of money on the U.S. Army
Corps of Engineers recreation sites is contingent upon acceptance of a
long-term agreement with the U.S. Army Corps of Engineers. Acceptance may be through a lease
arrangement, a transfer of the recreation lands, or other agreement with the
U.S. Army Corps of Engineers. Rules of
the commissioner of natural resources relating to state recreation areas apply
to U.S. Army Corps of Engineers recreation sites managed by the commissioner
pursuant to this paragraph. This is a
onetime appropriation.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
The
commissioner may establish fees for these recreation sites as provided in
Minnesota Statutes, section 85.052, subdivision 3. The money collected from fees established
under this paragraph shall be deposited in the natural resources fund and
credited to the state parks account. Until June 30, 2007, money deposited in the
natural resources fund from fees established under this paragraph is
appropriated to the commissioner for the operation and maintenance of the U.S.
Army Corps of Engineers recreation sites.
Sec.
5. 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) Rules
adopted by the board under authority of this chapter must be published in the
State Register 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.
Sec.
6. Minnesota Statutes 2004, section
84.0835, subdivision 3, is amended to read:
Subd.
3. Citation
authority. Employees designated by
the commissioner under subdivision 1 may issue citations, as specifically
authorized under this subdivision, for violations of:
(1)
sections 85.052, subdivision 3 (payment of camping fees in state parks) and,
85.45, subdivision 1 (cross-country ski pass), and 85.46 (horse trail pass);
(2) rules
relating to hours and days of operation, restricted areas, noise, fireworks,
environmental protection, fires and refuse, pets, picnicking, camping and
dispersed camping, nonmotorized uses, construction of unauthorized permanent
trails, mooring of boats, fish cleaning, swimming, storage and abandonment of
personal property, structures and stands, animal trespass, state park
individual and group motor vehicle permits, licensed motor vehicles, designated
roads, and snowmobile operation off trails;
(3)
rules relating to off-highway vehicle registration, display of registration
numbers, required equipment, operation restrictions, off-trail use for hunting
and trapping, and operation in lakes, rivers, and streams;
(4) rules
relating to off-highway vehicle and snowmobile operation causing damage or in
closed areas within the Richard J. Dorer Memorial Hardwood State Forest;
(5) rules
relating to parking, snow removal, and damage on state forest roads; and
(6) rules
relating to controlled hunting zones on major wildlife management units.
EFFECTIVE DATE. This section is effective January 1, 2007.
Sec.
7. Minnesota Statutes 2004, section
85.32, subdivision 1, is amended to read:
Subdivision
1. Areas
marked. The commissioner of natural
resources is authorized in cooperation with local units of government and
private individuals and groups when feasible to mark canoe and boating routes
on the Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red
Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle,
Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in
Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, and
Crow Rivers which have historic and scenic values and to mark appropriately
points of interest, portages, camp sites, and all dams, rapids, waterfalls,
whirlpools, and other serious hazards which are dangerous to canoe and
watercraft travelers.
Sec.
8. [85.46]
HORSE TRAIL PASS.
Subdivision
1. Pass in possession. While
riding, leading, or driving a horse on horse trails and associated day use
areas on state trails, in state parks, in state recreation areas, and in state
forests, a person 16 years of age or over shall carry in immediate possession
and visibly display on person or horse tack, a valid horse trail pass. The pass must be available for inspection by
a peace officer, a conservation officer, or an employee designated under
section 84.0835.
Subd. 2. License
agents. (a) The commissioner
of natural resources may appoint agents to issue and sell horse trail
passes. The commissioner may revoke the
appointment of an agent at any time.
(b) The
commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent shall observe
all rules adopted by the commissioner for the accounting and handling of passes
according to section 97A.485, subdivision 11.
(c) An
agent must promptly deposit and remit all money received from the sale of
passes, except issuing fees, to the commissioner.
Subd. 3. Issuance. The commissioner of natural resources and
agents shall issue and sell horse trail passes.
The pass shall include the applicant's signature and other information
deemed necessary by the commissioner. To
be valid, a pass must be signed by the person riding, leading, or driving the
horse.
Subd. 4. Pass
fees. (a) The fee for an
annual horse trail pass is $20 for an individual 16 years of age and over. The fee shall be collected at the time the
pass is purchased. Annual passes are
valid for one year beginning January 1 and ending December 31.
(b) The fee
for a daily horse trail pass is $4 for an individual 16 years of age and
over. The fee shall be collected at the
time the pass is purchased. The daily
pass is valid only for the date designated on the pass form.
Subd.
5.
Subd. 6. Disposition
of receipts. Fees collected
under this section, except for the issuing fee, shall be deposited in the state
treasury and credited to the horse trail account in the natural resources
fund. Except for the electronic
licensing system commission established by the commissioner under section
84.027, subdivision 15, the fees are appropriated to the commissioner of
natural resources for trail acquisition, trail and facility development, and
maintenance, enforcement, and rehabilitation of horse trails or trails
authorized for horse use, whether for riding, leading, or driving, on state
trails and in state parks, state recreation areas, and state forests.
Subd. 7. Duplicate
horse trail passes. The
commissioner of natural resources and agents shall issue a duplicate pass to a
person whose pass is lost or destroyed using the process established under
section 97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate horse trail pass is
$2, with an issuing fee of 50 cents.
EFFECTIVE DATE. This section is effective January 1, 2007.
Sec.
9. Minnesota Statutes 2004, section
97A.028, subdivision 3, is amended to read:
Subd.
3. Emergency
deterrent materials assistance. (a)
For the purposes of this subdivision, "cooperative damage management
agreement" means an agreement between a landowner or tenant and the
commissioner that establishes a program for addressing the problem of
destruction of the landowner's or tenant's specialty crops or stored forage
crops by wild animals, or destruction of agricultural crops by flightless
Canada geese.
(b) A
landowner or tenant may apply to the commissioner for emergency deterrent
materials assistance in controlling destruction of the landowner's or tenant's
specialty crops or stored forage crops by wild animals, or destruction of
agricultural crops by flightless Canada geese.
Subject to the availability of money appropriated for this purpose, the
commissioner shall provide suitable deterrent materials when the commissioner
determines that:
(1)
immediate action is necessary to prevent significant damage from continuing
or to prevent the spread of bovine tuberculosis; and
(2) a
cooperative damage management agreement cannot be implemented immediately.
(c) A
person may receive emergency deterrent materials assistance under this
subdivision more than once, but the cumulative total value of deterrent
materials provided to a person, or for use on a parcel, may not exceed $3,000
for specialty crops, $5,000 for measures to prevent the spread of bovine
tuberculosis within a five-mile radius of a cattle herd that is infected with
bovine tuberculosis as determined by the Board of Animal Health, or
$750 for protecting stored forage crops, or $500 for agricultural crops
damaged by flightless Canada geese. If a
person is a co-owner or cotenant with respect to the specialty crops for which
the deterrent materials are provided, the deterrent materials are deemed to be
"provided" to the person for the purposes of this paragraph.
(d) As a
condition of receiving emergency deterrent materials assistance under this
subdivision, a landowner or tenant shall enter into a cooperative damage
management agreement with the commissioner.
Deterrent materials provided by the commissioner may include repellents,
fencing materials, or other materials recommended in the agreement to alleviate
the damage problem. If requested by a
landowner or tenant, any fencing materials provided must be capable of
providing long-term protection of specialty crops. A landowner or tenant who receives emergency
deterrent materials assistance under this subdivision shall comply with the
terms of the cooperative damage management agreement.
Sec.
10. Laws 2005, First Special Session
chapter 1, article 2, section 3, subdivision 2, is amended to read:
Subd. 2.
Land and Mineral Resources
Management
8,903,000 8,675,000
8,653,000
Summary by
Fund
General 5,498,000 5,248,000
5,248,000
Natural Resources 2,222,000 2,222,000
Game and
Fish 983,000 1,005,000
Permanent
School 200,000 200,000
$275,000 the first year and $275,000
the second year are for iron ore cooperative research, of which $137,500 the
first year and $137,500 the second year are available only as matched by $1 of
nonstate money for each $1 of state money.
The match may be cash or in-kind.
$86,000 the first year and $86,000
the second year are for minerals cooperative environmental research, of which
$43,000 the first year and $43,000 the second year are available only as
matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kind.
$2,046,000 the first year and
$2,046,000 the second year are from the minerals management account in the natural
resources fund for only the purposes specified in new Minnesota Statutes,
section 93.2236, paragraph (c). Of this
amount, $1,526,000 the first year and $1,526,000 the second year are for
mineral resource management, $420,000 the first year and $420,000 the second
year are for projects to enhance future income and promote new opportunities,
including value-added iron products, geological mapping, and mercury research,
and $100,000 the first year and $100,000 the second year are for environmental
review and the processing of permits for mining projects that involve
state-owned mineral rights. The
appropriation is from the revenue deposited in the minerals management account
under Minnesota Statutes, section 93.22, subdivision 1, paragraph (b). $100,000 each year is a onetime
appropriation.
$150,000 the first year and
$150,000 the second year are from the state forest suspense account in the
permanent school fund to accelerate land exchanges, land sales, and commercial
leasing of school trust lands. This
appropriation is to be used toward meeting the provisions of Minnesota
Statutes, section 92.121, to exchange school
trust lands or put alternatives in effect when management practices have
diminished or prohibited revenue generation, and the direction of Minnesota
Statutes, section 127A.31, to secure maximum long-term economic return from the
school trust lands consistent with fiduciary responsibilities and sound natural
resources conservation and management principles.
$50,000 the first year and $50,000
the second year are from the state forest suspense account in the permanent
school fund to identify, evaluate, and lease construction aggregate located on
school trust lands.
$250,000 the first year is for a
grant to the Board of Regents of the University of Minnesota to drill a 5,000
foot core sampling bore hole at the Tower-Soudan mine complex in support of a
National Science Foundation grant. This
is a onetime appropriation.
Sec. 11. EFFECTIVE DATE.
Unless otherwise specified, this article is effective
the day following final enactment.
ARTICLE 10
CLEAN WATER LEGACY
Section 1.
CLEAN WATER LEGACY
APPROPRIATIONS.
The sums shown in the columns marked
"APPROPRIATIONS" are appropriated from the general fund to the
agencies and for the purposes specified in this article. Unless otherwise specified, the
appropriations in this article are available for the fiscal year ending June
30, 2007. Appropriations in this article
that are encumbered under contract, including grant contracts, on or before
June 30, 2007, are available until June 30, 2009. All the appropriations in this article are
onetime appropriations.
The appropriations in this article must be used to
protect, restore, and preserve the quality of Minnesota's surface waters. Allowable activities include surface water
assessments, program activities that target identified impairments, and
development of total maximum daily load studies (TMDL's) as required by section
303(d) of the federal Clean Water Act, United States Code, title 33, section
1313(d), and applicable federal regulations.
SUMMARY BY FUND
2007 TOTAL
General $15,000,000 $15,000,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2007
Sec. 2.
POLLUTION CONTROL AGENCY
$5,030,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2007
This appropriation may be
spent for the following purposes:
(a)
Statewide assessment of surface water quality and trends 1,860,000
Up to $1,010,000 is
available for grants or contracts to support citizen monitoring of surface
waters.
(b) Develop TMDL's and TMDL
implementation plans for waters listed on the United States Environmental
Protection Agency approved 2004 impaired waters list 3,170,000
Up to $1,740,000 is
available for grants or contracts to develop TMDL's.
Sec. 3.
PUBLIC FACILITIES AUTHORITY
100,000
Small
community wastewater treatment loans and grants 100,000
Sec. 4.
AGRICULTURE DEPARTMENT
2,400,000
This appropriation may be
spent for the following purposes:
(a) Agricultural
best management practices loan program 1,200,000
For loans to producers and
rural landowners. This appropriation is
available until spent.
At least
$1,000,000 is available for pass-through to local governments and lenders for
low-interest loans.
(b)
Technical assistance 400,000
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.
$210,000 is
available for grants or contracts to develop nutrient and conservation planning
assistance information materials.
(c) Research, evaluation, and effectiveness monitoring of agricultural
practices in restoring impaired waters 800,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2007
Sec. 5.
BOARD OF WATER AND SOIL RESOURCES 5,840,000
All of the
money appropriated in this section as grants to local governments shall be
administered through the Board of Water and Soil Resources' local water
resources protection and management program under Minnesota Statutes, section
103B.3369.
This
appropriation may be spent for the following purposes:
(a)
Targeted nonpoint restoration cost-share and incentive payments 1,500,000
Up to
$1,400,000 is available for grants.
(b)
Targeted nonpoint restoration technical, compliance, and engineering assistance
activities 2,000,000
Up to
$1,800,000 is available for grants.
(c)
Reporting and evaluation of applied soil and water conservation practices 200,000
(d) Grants
to implement county individual sewage treatment system programs 730,000
(e) Grants
to support local nonpoint source protection activities related to lake and
river protection and management 1,410,000
Sec. 6.
DEPARTMENT OF NATURAL
RESOURCES 1,630,000
This
appropriation may be spent for the following purposes:
(a)
Statewide assessment of surface water quality and trends
280,000
(b) Acquire
high priority, sensitive riparian lands 500,000
(c) Forest
stewardship planning and implementation; research, evaluation, and monitoring;
and technical assistance to local units of government 850,000
Sec.
7. Minnesota Statutes 2004, section
114D.30, subdivision 2, as added by 2006 S.F.
No. 762, if enacted, is amended to read:
Subd.
2. Membership;
appointment. The commissioners of
natural resources, agriculture, and the Pollution Control Agency, and the
executive director of the Board of Water and Soil Resources shall appoint one
person from their respective agency to serve as a member of the council. Agency members serve as nonvoting members of
the council. Seventeen Nineteen
additional nonagency members of the council shall be appointed by the
governor as follows:
(1) two
members representing statewide farm organizations;
(2) one
member two members representing business organizations;
(3) one
member 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, one member representing the
interests of rural counties and one member representing the interests of
counties in the seven-county metropolitan area;
(8) two
members representing organizations of city governments;
(9) one
member representing the Metropolitan Council established under section 473.123;
(10) one
township officer;
(11) one
member representing the interests of tribal governments;
(12) one
member representing statewide hunting organizations;
(13) one
member representing the University of Minnesota or a Minnesota state
university; and
(14) one
member representing statewide fishing organizations.
Members
appointed under clauses (1) to (14) must not be registered lobbyists. In making appointments, the governor must
attempt to provide for geographic balance.
The members of the council appointed by the governor are subject to the
advice and consent of the senate.
ARTICLE 11
ECONOMIC
DEVELOPMENT
Section
1. ECONOMIC
DEVELOPMENT APPROPRIATIONS.
The sums
shown in the columns marked "APPROPRIATIONS" are added to the
appropriations in Laws 2005, First Special Session chapter 1, article 3, or
other law to the agencies and for the purposes specified in this article. The appropriations are from the general fund
or another named fund and are available for the fiscal years indicated for each
purpose. The figures "2006"
and "2007" used in this article mean that the addition to the appropriation
listed under them is available for the fiscal year ending June 30, 2006, or
June 30, 2007, respectively. "The first year" is fiscal year 2006.
"The second year" is fiscal year 2007. "The biennium" is
fiscal years 2006 and 2007. Supplementary
appropriations and reductions to appropriations for the fiscal year ending June
30, 2006, are effective the day following final enactment.
SUMMARY
BY FUND
2006 2007 TOTAL
General $-0- $29,552,000 $29,552,000
Workforce
Development 1,250,000 1,950,000 3,200,000
Petroleum
Tank Cleanup 477,000 478,000 955,000
Telecommunications
Access 200,000 200,000
TOTAL $1,727,000 $32,180,000 $33,907,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Sec. 2. DEPARTMENT OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT
Subdivision 1. Total
appropriation $1,250,000 $29,552,000
This
appropriation includes money for the purposes in subdivisions 2 to 13.
Subd. 2. Business
and community development 467,000
For a grant
to BioBusiness Alliance of Minnesota for bioscience business development
programs that will work to grow and create bioscience jobs in this state and
position Minnesota as a global biobusiness leader. An annual report on the expenditure of the
appropriation must be submitted to 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.
The report must include the impact, if available, of the subsidy on reducing
consumer costs of bioengineered products, and the jobs created, including wages
and benefits. This is a onetime
appropriation.
Subd. 3. Youthbuild
150,000
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.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 4. Hard
hats program 200,000
For a grant
to the Summit Academy OIC for the 100 hard hats program. This is a onetime appropriation.
Subd. 5. Biotech
partnership 15,000,000
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. The
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.
Subd. 6. Itasca
County infrastructure 11,500,000
For
transfer to the Minnesota minerals 21st century fund for a grant to Itasca
County to design, construct, and equip roads, rail lines, natural gas pipelines,
water supply systems, or wastewater collection and treatment systems for a
steel plant in Itasca County. Of this
amount, up to $500,000 may be used for other mineral related projects in the
taconite relief area. This is a onetime
appropriation.
Subd. 7. Programs for persons with developmental
and mental disabilities 150,000
For a grant
to Advocating Change Together. The grant
must be used to provide training, technical assistance, and resource materials
to persons with developmental and mental health disabilities. This appropriation becomes part of the base
appropriation for the Department of Employment and Economic Development.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 8. Wastewater
treatment 100,000
For a grant
to the city of Cedar Mills for costs it incurred in construction of a
wastewater treatment system for 28 properties.
The city must use the money to reduce its indebtedness for additional
costs of the system that was not part of the originally planned project and
resulted in excessive costs to homeowners.
This is a onetime appropriation.
Subd. 9. Pilot
workforce program 250,000
This
appropriation is from the workforce development fund for grants to the West
Central Initiative in Fergus Falls.
These grants must be used to implement and operate Northern Connections,
a pilot workforce program that provides one-stop supportive services to assist
individuals as they transition into the workforce. This appropriation
is available to the extent matched by $1 of nonstate money for each $1 of state
money. This is a onetime appropriation.
Subd. 10. Summer
youth employment 1,250,000 1,250,000
This
appropriation is from the workforce development fund for grants to fund summer
youth employment in Minneapolis. The
grants shall be used to fund up to 500 jobs for youth each summer. Of this appropriation, $250,000 the first
year and $250,000 the second year are for a grant to the learn-to-earn summer
youth employment program. The commissioner
shall establish criteria for awarding the grants. This appropriation is available in either
year of the biennium and is available until spent.
Subd. 11. Veterans'
memorial 10,000
For a grant
to the city of Worthington for the construction of a veterans' memorial in
Freedom Veterans' Memorial Park. This
appropriation is contingent upon the receipt of local matching money on a $1 to
$1 basis. This is a onetime appropriation.
Subd. 12. Workforce
partnership 450,000
This
appropriation is from the workforce development fund for a pilot project to
encourage the licensure in Minnesota of foreign-trained health care
professionals, including physicians, nurses, dentists, pharmacists,
veterinarians, and other allied health care professionals. The commissioner must work with local
workforce boards to award grants to foreign-trained health care professionals
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
that are
sufficient to cover the actual costs of taking a course intended to prepare
health care professionals for required licensing examinations and the fee for
taking required licensing examinations.
When awarding grants, the commissioner must consider whether the
recipient's training involves a medical specialty that is in demand in one or
more Minnesota communities. The
commissioner also must establish additional criteria for the award of
grants. The program will begin on July
1, 2006, and end on June 30, 2007. The
commissioner must submit a report evaluating the effectiveness of the pilot
program to the legislative committees with jurisdiction over employment by
October 1, 2007. This is a onetime
appropriation.
Subd. 13. Housing
collaboration 25,000
For a grant
to the city of St. Louis Park for the Meadowbrook collaborative housing project
to enhance youth outreach services and to provide educational and recreational
programming for at-risk youth. The
collaborative must include a cross section of public and private sector
community representatives. This is a
onetime appropriation.
Sec. 3.
DEPARTMENT OF COMMERCE
477,000 478,000
Notwithstanding
Minnesota Statutes, section 115C.09, subdivision 2a, this appropriation is from
the petroleum tank release cleanup fund for costs reimbursable to the
Department of Transportation under Minnesota Statutes, section 115C.09, that
were incurred before January 1, 2004.
This is a onetime appropriation.
Sec. 4.
DEPARTMENT OF HUMAN SERVICES
200,000
This
appropriation is from the telecommunications access Minnesota fund under
Minnesota Statutes, section 237.52, to supplement the ongoing operational
expenses of the Commission Serving Deaf and Hard-of-Hearing People. This appropriation shall become part of base
level funding for the commission for the biennium beginning July 1, 2007.
Sec. 5.
BOXING COMMISSION 50,000
To operate
and administer the commission. This is a
onetime appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
By December
15, 2006, the commission must submit a report to the governor and the
legislature setting forth a fee schedule that raises sufficient revenue to
operate and administer the commission in fiscal year 2008 and thereafter.
Sec. 6.
EXPLORE MINNESOTA TOURISM
1,700,000
For a grant
to the Minnesota Film and TV Board for reimbursements of up to 15 percent of
film production costs incurred in Minnesota, under Minnesota Statutes, section
116U.26. This appropriation is available
for films that begin filming on or after May 1, 2006, and is available until
June 30, 2007. This is a onetime
appropriation.
Sec. 7.
MINNESOTA HISTORICAL SOCIETY
200,000
For a
onetime grant to the Minnesota Agricultural Interpretive Center in Waseca to
equip and restore current sites and exhibits.
Sec. 8.
Laws 2005, First Special Session chapter 1, article 3, section 2,
subdivision 4, is amended to read:
Subd. 4.
Workforce Services 27,960,000 28,160,000
Summary by
Fund
General 20,165,000 20,165,000
Workforce
Development 7,795,000 7,995,000
$4,864,000 the first year and
$4,864,000 the second year are from the general fund and $7,420,000 the first
year and $7,420,000 the second year are from the workforce development fund for
extended employment services for persons with severe disabilities or related conditions
under Minnesota Statutes, section 268A.15.
Of the amount from the workforce development fund, $500,000 each year is
onetime.
$1,690,000 the first year and
$1,690,000 the second year are from the general fund for grants under Minnesota
Statutes, section 268A.11, for the eight centers for independent living. Money not expended the first year is
available the second year.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$150,000 the first year and
$150,000 the second year are from the general fund and $175,000 the first year
and $175,000 the second year are from the workforce development fund for grants
under Minnesota Statutes, section 268A.03, to Rise, Inc. for the Minnesota
Employment Center for People Who are Deaf or Hard-of-Hearing. Money not expended the first year is
available the second year. Of the amount
from the workforce development fund, $150,000 each year is onetime
added to the budget base.
$1,000,000 the first year and
$1,000,000 the second year are from the general fund and $200,000 the first
year and $400,000 the second year are from the workforce development fund for
grants for programs that provide employment support services to persons with
mental illness under Minnesota Statutes, sections 268A.13 and 268A.14. Up to $77,000 each year may be used for
administrative and salary expenses. The
appropriation from the workforce development fund is onetime.
$4,940,000 the first year and
$4,940,000 the second year are from the general fund for state services for the
blind activities.
$7,521,000 the first year and
$7,521,000 the second year are from the general fund for the state's vocational
rehabilitation program for people with significant disabilities to assist with
employment, under Minnesota Statutes, chapter 268A.
On or after July 1, 2005, the
commissioner of finance shall cancel the unencumbered balance in the
contaminated site cleanup and development account to the unrestricted fund
balance in the general fund.
Sec. 9. [116J.656] SMALL BUSINESS ACCESS TO
FEDERAL RESEARCH FUNDS.
(a) The commissioner shall assist small businesses to
access federal money through the federal Small Business Innovation Research
program and the Small Business Technology Transfer program. In providing this assistance, the
commissioner shall maintain connections to eligible federal programs, assess
specific funding opportunities, review funding proposals, provide referrals to
specific consulting services, and hold training workshops throughout the state.
(b) Unless prohibited by federal law, the commissioner
must implement fees for services that help companies seek federal Phase II
Small Business Innovation Research grants.
The fees must be deposited in a special revenue account and are annually
appropriated to the commissioner for the Small Business Innovation Research and
Small Business Technology Transfer programs.
Sec.
13. [116U.26]
FILM JOBS PRODUCTION PROGRAM.
(a) The film production jobs program is created. The program shall be operated by the Minnesota
Film and TV Board with administrative oversight and control by the director of
Explore Minnesota Tourism. The program
shall make payment to producers of feature films, national television programs,
documentaries, music videos, and commercials that directly create new film jobs
in Minnesota. To be eligible for a
payment, a producer must submit documentation to the Minnesota Film and TV
Board of expenditures for production costs incurred in Minnesota that are directly
attributable to the production in Minnesota of a film product.
The Minnesota Film and TV Board shall make
recommendations to the director of Explore Minnesota Tourism about program
payment, but the director has the authority to make the final determination on
payments. The director's determination
must be based on proper documentation of eligible production costs submitted
for payments. No more than five percent
of the funds appropriated for the program in any year may be expended for
administration.
(b) For the purposes of this section:
(1) "production costs" means the cost of the
following:
(i) a story and scenario to be used for a film;
(ii) salaries of talent, management, and labor,
including payments to personal services corporations for the services of a
performing artist;
(iii) set construction and operations, wardrobe,
accessories, and related services;
(iv) photography, sound synchronization, lighting, and
related services;
(v) editing and related services;
(vi) rental of facilities and equipment; or
(vii) other direct costs of producing the film in
accordance with generally accepted entertainment industry practice; and
(2) "film" means a movie, television show,
documentary, music video, or television commercial, whether on film or
video. Film does not include news, current
events, public programming, or a program that includes weather or market
reports; a talk show; a production with respect to a questionnaire or contest;
a sports event or sports activity; a gala presentation or awards show; a
finished production that solicits funds; or a production for which the
production company is required under United States Code, title 18, section
2257, to maintain records with respect to a performer portrayed in a
single-media or multimedia program.
Sec. 10.
Minnesota Statutes 2005 Supplement, section 216C.41, subdivision 3, is
amended to read:
Subd. 3. Eligibility window. Payments may be made under this section only
for electricity generated:
(1) from a qualified hydroelectric facility that is
operational and generating electricity before December 31, 2007 2009;
(2) from a qualified wind energy conversion facility
that is operational and generating electricity before January 1, 2007
2008; or
(3)
from a qualified on-farm biogas recovery facility from July 1, 2001, through December
31, 2017.
Sec. 11.
Minnesota Statutes 2004, section 216C.41, subdivision 4, is amended to
read:
Subd. 4. Payment period. (a) A facility may receive payments under
this section for a ten-year period. No
payment under this section may be made for electricity generated:
(1) by a qualified hydroelectric facility after
December 31, 2017 2019;
(2) by a qualified wind energy conversion facility
after December 31, 2017 2018; or
(3) by a qualified on-farm biogas recovery facility
after December 31, 2015.
(b) The payment period begins and runs consecutively
from the date the facility begins generating electricity or, in the case of
refurbishment of a hydropower facility, after substantial repairs to the
hydropower facility dam funded by the incentive payments are initiated.
Sec. 12.
Minnesota Statutes 2004, section 326.105, is amended to read:
326.105
FEES.
The fee for licensure or renewal of licensure as an
architect, professional engineer, land surveyor, landscape architect, or
geoscience professional is $120 per biennium.
The fee for certification as a certified interior designer or for
renewal of the certificate is $120 per biennium. The fee for an architect applying for
original certification as a certified interior designer is $50 per biennium. The initial license or certification fee for
all professions is $120. The renewal fee
shall be paid biennially on or before June 30 of each even-numbered year. The renewal fee, when paid by mail, is not
timely paid unless it is postmarked on or before June 30 of each even-numbered
year. The application fee is $25 for
in-training applicants and $75 for professional license applicants.
The fee for monitoring licensing examinations for
applicants is $25, payable by the applicant.
Sec. 13. [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 Association of Boxing Commissions, or equivalent. Where applicable, 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,"
including contests marketed as tough man and tough woman contests, 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 or any recognized martial arts competition.
Sec.
14. [341.22]
BOXING COMMISSION.
There is hereby created the Minnesota Boxing Commission
consisting of five members who are citizens of this state. The members must be appointed by the
governor. One member of the commission
must 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, and at least
three members must have knowledge of the boxing industry. The governor shall make serious efforts to
appoint qualified women to serve on the commission. Membership terms, compensation of members,
removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements must 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 must be
as provided in chapter 214. The purpose
of the commission is to protect health, promote safety, and ensure fair events.
Sec. 15. [341.23] LIMITATIONS.
No member of the Boxing Commission may directly or
indirectly promote a boxing contest, directly or indirectly engage in the
managing of a boxer, or have an interest in any manner in the proceeds from a
boxing contest.
Sec. 16. [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. 17. [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. 18. [341.26] MEETINGS.
The commission shall hold a regular meeting quarterly
and may hold special meetings. Except as
otherwise provided in law, all meetings of the commission must be open to the
public and reasonable notice of the meetings must be given under chapter 13D.
Sec. 19. [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.
20. [341.28]
REGULATION OF BOXING CONTESTS.
Subdivision 1.
Regulatory authority; boxing. All professional 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 must 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. 21. [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. 22. [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 may 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. The fee may include a reasonable charge for
expenses incurred by the commission or the Department of Public Safety. For this purpose, the commission and the
Department of Public Safety may enter into an interagency agreement.
Subd.
4.
(1) provide the commission with a copy of any agreement
between a contestant and the applicant that 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 examination 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
examination before any contest, match, or exhibition if it determines that the
examination is desirable to protect the health of the boxer.
Sec. 23. [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. 24. [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.
Sec. 25. [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.
All fees
collected by the Minnesota Boxing Commission must be deposited in the Boxing
Commission account in the special revenue fund.
Sec. 26. [341.33] CONTESTANTS AND REFEREES;
PHYSICAL EXAMINATION; ATTENDANCE OF PHYSICIAN; PAYMENT OF FEES.
Subdivision 1.
Examination by physician. All boxers and referees must 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. A person holding or sponsoring a boxing
contest shall have in attendance 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. 27. [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 $20,000 and payable to the boxer as beneficiary; and
(2)
require life insurance for a boxer in the amount of at least $20,000 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. 28. [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 or
contest, 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 the fight, exhibition, or contest, or act as a trainer, aider,
abettor, backer, umpire, referee, second, surgeon, assistant, or attendant at
the 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. 29. [341.37] APPROPRIATION.
A Boxing Commission account is created in the special
revenue fund. Money in the account is
annually appropriated to the Boxing Commission for the purposes of conducting
its statutory responsibilities and obligations.
Sec. 30.
Minnesota Statutes 2004, section 469.334, subdivision 1, is amended to
read:
Subdivision 1. Commissioner to designate. (a) The commissioner, in consultation with
the commissioner of revenue and the director of the Office of Strategic and
Long-Range Planning, shall designate not more than one or more biotechnology
and health sciences industry zone.
Priority must be given to applicants with a development plan that links
a higher education/research institution with a biotechnology and health
sciences industry facility.
(b) The commissioner may consult with the applicant
prior to the designation of the zone.
The commissioner may modify the development plan, including the
boundaries of the zone or subzones, if in the commissioner's opinion a modified
plan would better meet the objectives of the biotechnology and health sciences
industry zone program. The commissioner
shall notify the applicant of the modifications and provide a statement of the
reasons for the modifications.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 31.
Minnesota Statutes 2004, section 469.334, subdivision 4, is amended to
read:
Subd. 4. Designation schedule. (a) The schedule in paragraphs (b) to (e)
applies to the designation of the first biotechnology and health
sciences industry zone.
(b) The commissioner shall publish the form for
applications and any procedural, form, or content requirements for applications
by no later than August 1, 2003. The
commissioner may publish these requirements on the Internet, in the State
Register, or by any other means the commissioner determines appropriate to
disseminate the information to potential applicants for designation.
(c) Applications must be submitted by October 15,
2003.
(d) The commissioner shall designate the zones by no
later than December 31, 2003.
(e) The designation of the zones takes effect January
1, 2004.
(f)
Additional zones may be designated in later years, following substantially the
same application and designation process as provided in paragraphs (b) to (e).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 32. REPEALER.
Minnesota Statutes 2004, section 116J.543, is
repealed.
ARTICLE 12
TRANSPORTATION
Section 1. TRANSPORTATION APPROPRIATIONS.
The sums shown in the columns marked
"APPROPRIATIONS" are added to the appropriations in Laws 2005, First
Special Session chapter 6, article 1, or other specified law, to the named
agencies and for the specified purposes.
The sums shown are appropriated from the general fund, or another named
fund, to be available for the fiscal year indicated for each purpose. The figure "2007" used in this
article means that the appropriations listed under it are available for the
fiscal year ending June 30, 2007.
APPROPRIATIONS
Available
for the Year
Ending June
30, 2007
$
Sec. 2.
TOTAL APPROPRIATION 692,000
Sec. 3.
TRANSPORTATION
Department of Transportation radio
tower 380,000
To design
and construct a new radio tower in Roseau County. This appropriation is available until
expended.
Sec. 4.
STATE PATROL
Automatic defibrillators 312,000
For
purchase of automated external defibrillators for State Patrol vehicles. This is a onetime appropriation. It is available until June 30, 2009, and is
available only as matched by $2 from nonstate sources for each $3 from this
appropriation.
Sec. 5. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE
13
PUBLIC
SAFETY
Section 1.
PUBLIC SAFETY APPROPRIATIONS.
The sums shown in the columns marked
"APPROPRIATIONS" are added to the appropriations in Laws 2005,
chapter 136, article 1, or other law to the agencies and for the purposes
specified in this article. The
appropriations are from the general fund or another named fund and are
available for the fiscal years indicated for each purpose. The figures "2006" and
"2007" used in this article mean that the addition to the
appropriation listed under them is available for the fiscal year ending June
30, 2006, or June 30, 2007, respectively. "The first year" is fiscal
year 2006. "The second year" is fiscal year 2007. "The
biennium" is fiscal years 2006 and 2007.
Supplementary appropriations and reductions to appropriations for the
fiscal year ending June 30, 2006, are effective the day following final
enactment.
SUMMARY BY FUND
2006 2007 TOTAL
General $3,846,000 $15,774,000 $19,620,000
Special
Revenue -0- 200,000 200,000
TOTAL $3,846,000 $15,974,000 $19,820,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Sec. 2.
SUPREME COURT $-0- $600,000
AOD
offenders
For the
first phase of a judicial initiative to more effectively address the increasing
numbers of alcohol and other drug (AOD) offenders coming into Minnesota courts,
including the increase in methamphetamine offenders. This is a onetime appropriation. Of this amount:
(1)
$300,000 is for a study to recommend a more uniform and cost-effective
structure for creating statewide applications of the problem-solving court
model;
(2)
$100,000 is to augment treatment services for problem-solving courts; and
(3)
$200,000 is for development of a multicounty pilot problem-solving court.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Sec. 3.
BOARD ON JUDICIAL STANDARDS
172,000 -0-
Special
hearings
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. 4.
PUBLIC SAFETY
Subdivision 1. Total
appropriation 461,000 4,628,000
These
appropriations are added to the appropriations in Laws 2005, chapter 136,
article 1, section 9. The amounts that
may be spent from these appropriations for each program are specified in
subdivisions 2, 3, and 4.
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.
Subd.
3. Criminal Apprehension -0- 1,300,000
This
appropriation may be spent for the following purposes:
(a) Child
pornography investigative unit -0- 1,000,000
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 fiscal year 2009.
(b)
Predatory offender database -0- 200,000
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.
(c) Missing
persons and unidentified bodies backlog -0- 100,000
To address
the missing persons and unidentified bodies backlog. This is a onetime appropriation.
The
superintendent shall coordinate with federal and local units of government;
federal, state, and local law enforcement agencies; medical examiners;
coroners; odontologists; and other entities to reduce the state's reporting,
data entry, and record-keeping backlog
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
relating to
missing persons and unidentified bodies.
To the degree feasible, the superintendent shall ensure that all necessary
data and samples, including, but not limited to, DNA samples and dental records
get entered into all relevant federal and state databases.
By February
1, 2007, the superintendent shall report to the chairs and ranking minority
members of the senate and house committees and divisions having jurisdiction
over criminal justice policy and funding on the efforts to reduce the state's
backlog. The report must give detailed
information on how this appropriation was spent and how this affected the
backlog. In addition, the report must
make recommendations for changes to state law, including suggested legislative
language, to improve reporting, data entry, and record keeping relating to
future cases involving missing persons and unidentified bodies.
The superintendent, in consultation with the Minnesota Sheriffs
Association and the Minnesota Chiefs of Police Association, shall develop a
model policy to address law enforcement efforts and duties regarding missing
adults and provide training to local law enforcement agencies on this model
policy.
By February
1, 2007, the superintendent shall report to the chairs and ranking minority
members of the senate and house committees and divisions having jurisdiction
over criminal justice policy and funding on the model policy and training.
Subd. 4. Office
of justice programs 177,000 3,328,000
This
appropriation may be spent for the following purposes:
(a) Gang
strike force and narcotic task forces -0- 800,000
For expanded
operations of the criminal gang strike force and narcotics task forces. This money is to be used to expand the
activities of the criminal gang strike force and narcotics task forces to
include investigations of gang or narcotics-related human trafficking and
domestic or international drug trafficking cases. This appropriation must be used to increase
the complement of individuals assigned to the criminal gang strike force and
narcotics task forces throughout the state.
(b) Safe
harbor for sexually exploited youth pilot project -0- 98,000
For a grant to Ramsey County to implement the safe harbor for sexually
exploited youth pilot project. The
project must develop a victim services model to address the needs of sexually
exploited youth. The project must focus
on intervention and prevention methods; training for law enforcement, educators, social services
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
providers, health care workers, advocates, court officials, prosecutors,
and public defenders; and programs promoting positive outcomes for
victims. The project must include
development and implementation of a statewide model protocol for intervention
and response methods for professionals, individuals, and agencies that may encounter
sexually exploited youth. "Sexually exploited youth" include juvenile
runaways, truants, and victims of criminal sexual conduct, prostitution, labor
trafficking, sex trafficking, domestic abuse, and assault. This is a onetime appropriation.
By January
15, 2008, Ramsey County shall report to the chairs and ranking minority members
of the senate and house committees and divisions having jurisdiction over
criminal justice funding and policy on the results of the pilot project.
(c) Human
trafficking task force and plan -0- 75,000
To implement
Minnesota Statutes, sections 299A.78 to 299A.7955, relating to the human
trafficking task force and plan. This is
a onetime appropriation.
(d) Legal
advocacy trafficking victims -0- 60,000
For grants
to three weekly clinics in Hennepin County that are staffed by attorneys from a
nonprofit organization that provides free legal services to immigrants. This is a onetime appropriation.
(e)
Toll-free hotline -0- 35,000
To implement
the toll-free hotline for trafficking victims described in Minnesota Statutes,
section 299A.7957. The base budget for
this activity is $15,000 in fiscal year 2008 and fiscal year 2009.
(f) Youth
intervention programs -0- 200,000
For youth
intervention programs under Minnesota Statutes, section 299A.73. This money must be used to help existing
programs serve unmet needs in communities and to create new programs in
underserved areas of the state. This
appropriation is added to the program's base budget.
(g) Crime
victim support grant -0- 150,000
For a grant
to a private, nonprofit organization dedicated to providing immediate and
long-term emotional support and practical help for the families and friends of
individuals who have died by homicide, suicide, or accident. This is a onetime appropriation.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
(h)
Minneapolis Security Collaborative -0- 200,000
For a grant
to the city of Minneapolis. This grant
money is to be used by the Minneapolis Police Department to expand the worksite
system throughout the city that supports the downtown security collaborative
currently in use in the city's first precinct.
The city shall give the highest priority to expanding the system to
neighborhoods having the highest crime rate per capita. This is a onetime appropriation.
(i)
Additional Minneapolis peace officers -0- 1,533,000
For a grant
to the city of Minneapolis. This grant
money is to be used by the Minneapolis Police Department to hire additional
peace officers to be assigned to downtown Minneapolis.
The
commissioner shall work with the Bureau of Criminal Apprehension, the State
Patrol, the Hennepin County Sheriff's Office, the Minneapolis Police
Department, and the Metro Transit Police, in a collaborative manner to increase
and coordinate law enforcement efforts in downtown Minneapolis. This is a onetime appropriation.
(j)
Financial Crimes Task Force 177,000 177,000
This is a
onetime appropriation.
Sec. 5.
CORRECTIONS
Subdivision 1. Total
appropriation 3,213,000 10,546,000
These
appropriations are added to the appropriations in Laws 2005, chapter 136,
article 1, section 13. The amounts that
may be spent from these appropriations for each program are specified in
subdivisions 2 and 3.
Subd.
2. Correctional institutions 2,668,000 8,788,000
The base for
this item is $6,875,000 in fiscal year 2008 and fiscal year 2009.
Subd.
3. Community services
(a) General
operations 545,000 1,758,000
The base for
this item is $1,250,000 in fiscal year 2008 and fiscal year 2009.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
(b)
Mentoring program -0- 250,000
For a grant
to a nonprofit organization that is located in the greater Twin Cities and
provides one-to-one mentoring relationships to youth enrolled between the ages
of seven to 13 whose parent or other significant family member is incarcerated
in a county workhouse, county jail, state prison, or other type of correctional
facility or is subject to correctional supervision. The grant must be used to provide children
with adult mentors to strengthen developmental outcomes, including enhanced
self-confidence and esteem; improved academic performance; and improved
relationships with peers, family, and other adults designed to prevent the
mentored youth from entering the juvenile justice system.
As a
condition of receiving the grant, the grant recipient must:
(1)
collaborate with other organizations that have a demonstrated history of
providing services to youth and families in disadvantaged situations;
(2)
implement procedures to ensure that the mentors pose no safety risk to the
child and have the skills to participate in a mentoring relationship;
(3) provide
enhanced training to mentors focusing on asset building and family dynamics
when a parent is incarcerated; and
(4) provide
individual family plan and aftercare.
The grant
recipient must submit an evaluation plan to the commissioner delineating the
program and student outcome goals and activities implemented to achieve the
stated outcomes. The goals must be
clearly stated and measurable. The grant
recipient must collect, analyze, and report on participation and outcome data
that enable the department to verify that the program goals were met. This is a onetime appropriation.
(c) Scott
County -0- 196,000
To increase
the Community Corrections Act subsidy for the addition of Scott County. The money must be distributed according to
the community corrections aid formula contained in Minnesota Statutes, section
401.10.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
(d)
Discharge planning -0- -0-
Base
funding for fiscal years 2008 and 2009 for discharge planning for inmates with
mental illness is $200,000 each year.
Sec. 6.
Laws 2005, chapter 136, article 1, section 10, is amended to read:
Sec. 10. PEACE
OFFICER STANDARDS AND
TRAINING
BOARD (POST) 4,014,000
4,154,000 4,214,000
EXCESS AMOUNTS TRANSFERRED. This appropriation is from the
peace officer training account in the special revenue fund. Any new receipts credited to that account in
the first year in excess of $4,154,000 must be transferred and credited to the
general fund. Any new receipts credited
to that account in the second year in excess of $4,014,000 $4,214,000
must be transferred and credited to the general fund.
TECHNOLOGY IMPROVEMENTS. $140,000
the first year is for technology improvements.
PEACE OFFICER TRAINING REIMBURSEMENT. $2,909,000 each the first year
and $3,109,000 the second year is for reimbursements to local governments
for peace officer training costs.
Sec.
7. Minnesota Statutes 2005 Supplement,
section 299A.641, subdivision 3, is amended to read:
Subd.
3. Oversight
council's duties. The oversight
council shall develop an overall strategy to ameliorate the harm caused to the
public by gang and drug crime within the state of Minnesota. This strategy may include the development of
protocols and procedures to investigate gang and drug crime and a structure for
best addressing these issues in a multijurisdictional manner. Additionally, the oversight council shall:
(1)
identify and recommend a candidate or candidates for statewide coordinator to
the commissioner of public safety;
(2)
establish multijurisdictional task forces and strike forces to combat gang and
drug crime, to include a metro gang strike force and a gang strike force
located in the St. Cloud metropolitan area;
(3) assist
the Department of Public Safety in developing an objective grant review
application process that is free from conflicts of interest;
(4) make
funding recommendations to the commissioner of public safety on grants to
support efforts to combat gang and drug crime;
(5)
assist in developing a process to collect and share information to improve the
investigation and prosecution of drug offenses;
(6) develop
and approve an operational budget for the office of the statewide coordinator
and the oversight council; and
(7) adopt
criteria and identifying characteristics for use in determining whether
individuals are or may be members of gangs involved in criminal activity.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec.
8. Minnesota Statutes 2005 Supplement,
section 299A.78, is amended to read:
299A.78 STATEWIDE HUMAN TRAFFICKING ASSESSMENT.
Subdivision
1. Definitions. For purposes of sections 299A.78 to 299A.785
299A.7955, the following definitions apply:
(a)
"Commissioner" means the commissioner of the Department of Public
Safety.
(b)
"Nongovernmental organizations" means nonprofit, nongovernmental
organizations that provide legal, social, or other community services.
(c)
"Blackmail" has the meaning given in section 609.281, subdivision 2.
(d)
"Debt bondage" has the meaning given in section 609.281, subdivision
3.
(e)
"Forced labor or services" has the meaning given in section 609.281,
subdivision 4.
(f)
"Labor trafficking" has the meaning given in section 609.281,
subdivision 5.
(g)
"Labor trafficking victim" has the meaning given in section 609.281,
subdivision 6.
(h)
"Sex trafficking" has the meaning given in section 609.321,
subdivision 7a.
(i)
"Sex trafficking victim" has the meaning given in section 609.321,
subdivision 7b.
(j)
"Trafficking" includes "labor trafficking" and "sex
trafficking."
(k)
"Trafficking victim" includes "labor trafficking victim"
and "sex trafficking victim."
Subd.
2. General
duties. The commissioner of public
safety, in cooperation with local authorities, shall:
(1) collect,
share, and compile trafficking data among government agencies to assess the
nature and extent of trafficking in Minnesota.; and
(2) analyze
the collected data to develop a plan to address and prevent human trafficking.
Subd.
3. Outside
services. As provided for in section
15.061, the commissioner of public safety may contract with professional or
technical services in connection with the duties to be performed under section
sections 299A.785, 299A.79, and 299A.795. The commissioner may also contract with other
outside organizations to assist with the duties to be performed under section
sections 299A.785, 299A.79, and 299A.795.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 9. [299A.79]
TRAFFICKING STUDY; ANALYSIS AND USE OF DATA.
Subdivision
1. Data analysis. The
commissioner shall analyze the data collected in section 299A.785 to develop a
plan to address current trafficking and prevent future trafficking in this
state. The commissioner may evaluate
various approaches used by other state and local governments to address
trafficking. The plan must include, but
not be limited to:
(1) ways to
train agencies, organizations, and officials involved in law enforcement,
prosecution, and social services;
(2) ways to
increase public awareness of trafficking; and
(3)
procedures to enable the state government to work with nongovernmental
organizations to prevent trafficking.
Subd. 2. Training
plan. The training plan
required in subdivision 1 must include:
(1) methods
used in identifying trafficking victims, including preliminary interview
techniques and appropriate interrogation methods;
(2) methods
for prosecuting traffickers;
(3) methods
for protecting the rights of trafficking victims, taking into account the need
to consider human rights and special needs of women and children trafficking
victims; and
(4) methods
for promoting the safety of trafficking victims.
Subd. 3. Public
awareness initiative. The
public awareness initiative required in subdivision 1 must address, at a
minimum, the following subjects:
(1) the
risks of becoming a trafficking victim;
(2) common
recruitment techniques; use of debt bondage, blackmail, forced labor and
services, prostitution, and other coercive tactics; and risks of assault,
criminal sexual conduct, exposure to sexually transmitted diseases, and
psychological harm;
(3) crime
victims' rights; and
(4)
reporting recruitment activities involved in trafficking.
Subd. 4. Report
to legislature. The
commissioner shall report the plan to the chairs and ranking minority members
of the senate and house committees and divisions having jurisdiction over
criminal justice policy and funding by December 15, 2006.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec.
10. [299A.795]
TRAFFICKING VICTIM ASSISTANCE.
The
commissioner may review the existing services and facilities to meet
trafficking victims' needs and recommend a plan that would coordinate the
services including, but not limited to:
(1) medical
and mental health services;
(2)
housing;
(3)
education and job training;
(4) English
as a second language;
(5)
interpreting services;
(6) legal
and immigration services; and
(7) victim
compensation.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec.
11. [299A.7955]
HUMAN TRAFFICKING TASK FORCE.
Subdivision
1. Creation and duties. By
September 1, 2006, the commissioner shall appoint a 22-member task force on
human trafficking to advise the commissioner on the commissioner's duties in
sections 299A.78 to 299A.795. The task
force shall also serve as a liaison between the commissioner and agencies and
nongovernmental organizations that provide services to trafficking
victims. The members must receive
expense reimbursement as specified in section 15.059.
Subd. 2. Membership. To the extent possible, the human
trafficking task force consists of the following individuals, or their
designees, who are knowledgeable in trafficking, crime victims' rights, or
violence protection:
(1) a
representative of the Minnesota Chiefs of Police Association;
(2) a
representative of the Bureau of Criminal Apprehension;
(3) a
representative of the Minnesota Sheriffs' Association;
(4) a peace
officer who works and resides in the metropolitan area, composed of Hennepin,
Ramsey, Anoka, Dakota, Scott, Washington, and Carver Counties;
(5) a peace
officer who works and resides in the nonmetropolitan area;
(6) a
county attorney who works in Hennepin County;
(7) a
county attorney who works in Ramsey County;
(8) a
representative of the attorney general's office;
(9) a
representative of the Department of Public Safety's office of justice program;
(10)
a representative of the federal Homeland Security Department;
(11) a
representative of the Department of Health;
(12) the
chair or executive director of the Council on Asian-Pacific Minnesotans;
(13) the
chair or executive director of the Minnesota Chicano-Latino Affairs Council;
(14) a
representative of the United States Attorney's Office; and
(15) eight
representatives from nongovernmental organizations, which may include
representatives of:
(i) the
Minnesota Coalition for Battered Women;
(ii) the
Minnesota Coalition Against Sexual Assault;
(iii) a
statewide or local organization that provides civil legal services to women and
children;
(iv) a
statewide or local organization that provides mental health services to women
and children;
(v) a
statewide or local human rights and social justice advocacy organization;
(vi) a
statewide or local organization that provides services to victims of torture,
trauma, or human trafficking;
(vii) a
statewide or local organization that serves the needs of immigrants and refugee
women and children from diverse ethnic communities; and
(viii) a
statewide or local organization that provides legal services to low-income
immigrants.
Subd. 3. Officers;
meetings. (a) The task force
shall annually elect a chair and vice-chair from among its members, and may
elect other officers as necessary. The
task force shall meet at least quarterly, or upon the call of its chair. The task force shall meet sufficiently enough
to accomplish the tasks identified in this section.
(b) The
task force shall seek out and enlist the cooperation and assistance of
nongovernmental organizations and academic researchers, especially those
specializing in trafficking, representing diverse communities
disproportionately affected by trafficking, or focusing on child services and
runaway services.
Subd. 4. Expiration. Notwithstanding section 15.059, the
task force expires June 30, 2011, or once it has implemented and evaluated the
programs and policies in sections 299A.78 to 299A.795 to the satisfaction of
the commissioner, whichever occurs first.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec.
12. [299A.7957]
TOLL-FREE HOTLINE FOR TRAFFICKING VICTIMS.
(a) As used
in this section, "trafficking victim" has the meaning given in
section 299A.78, subdivision 1.
(b) The
commissioner of public safety shall contract with a nonprofit organization that
provides legal services to domestic and international trafficking victims to
maintain a toll-free telephone hotline for trafficking victims.
The
hotline must be in place by January 1, 2007, and must be operated 24 hours a
day, 365 days a year. The hotline must
offer language interpreters for languages commonly spoken in Minnesota,
including, but not limited to, Spanish, Vietnamese, Hmong, and Somali. At a minimum, the hotline must screen
trafficking victims, both domestic and international, and provide appropriate
referrals to attorneys and victims' services organizations.
EFFECTIVE DATE. This section is effective July 1, 2006.
ARTICLE 14
STATE
GOVERNMENT
Section
1. STATE
GOVERNMENT APPROPRIATIONS.
The sums
shown in the columns marked "APPROPRIATIONS" are added to the
appropriations in Laws 2005, chapter 156, article 1, or other law to the
agencies and for the purposes specified in this article. The appropriations are from the general fund
or another named fund and are available for the fiscal year indicated for each
purpose. The figure "2007"
used in this article means that the addition to the appropriation listed under
it is available for the fiscal year ending June 30, 2007.
SUMMARY BY FUND
2007
General $2,422,000
Workers'
Compensation $320,000
TOTAL $2,742,000
APPROPRIATIONS
Available
for the Year
Ending June
30, 2007
Sec. 2.
LEGISLATURE
Subdivision 1. Total
Appropriation $37,000
The
appropriations in this section are to the Legislative Coordinating Commission
for the purposes in subdivisions 2 and 3.
Subd. 2. Legislative
forums 30,000
For the
cost of annual forums to improve legislative effectiveness. This is a onetime appropriation.
Subd. 3. International
Legislators' Forum 7,000
For the
International Legislators' Forum, to allow Minnesota legislators to meet with
counterparts from South Dakota, North Dakota, and Manitoba, Canada, to discuss
issues of mutual concern. This is a
onetime appropriation.
APPROPRIATIONS
Available
for the Year
Ending June
30, 2007
Sec. 3.
FINANCE 325,000
Northwest
Airlines bankruptcy counsel.
For the
state's share of the cost of bankruptcy counsel representing joint interests of
the state and the city of Duluth in the Northwest Airlines bankruptcy. This is a onetime appropriation.
Sec. 4.
OFFICE OF ENTERPRISE TECHNOLOGY
1,900,000
For
comprehensive planning, implementation, and administration of enterprise
information technology security according to Minnesota Statutes, sections
16E.01 and 16E.03. $1,900,000 is added to the appropriation base for fiscal
years 2008 and thereafter to provide for continuing administration of
enterprise security.
Sec. 5.
OFFICE OF ADMINISTRATIVE
HEARINGS 320,000
From the
workers' compensation fund for costs associated with the relocation of offices to St. Paul. The commissioner of administration shall take
all steps as necessary to complete the renovation of the Stassen Building for
these purposes by January 1, 2008.
Minnesota Statutes, section 16B.33, subdivision 3, does not apply if the
estimated cost of construction exceeds $2,000,000. This is a onetime appropriation.
Beginning
in fiscal year 2009 and for all fiscal years thereafter, the appropriation base
for the workers' compensation fund for the Office of Administrative Hearings is
reduced by $297,000 to reflect savings in rent costs due to the relocation of
offices to St. Paul.
Sec. 6.
EMPLOYEE RELATIONS
Center for
Health Care Purchasing Improvement 100,000
To establish and operate the
Center for Health Care Purchasing Improvement.
Sec. 7.
AMATEUR SPORTS COMMISSION
60,000
This is a onetime
appropriation.
Sec.
8. [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.
9. [16E.21]
INFORMATION AND TELECOMMUNICATIONS ACCOUNT.
Subdivision
1. Account established; appropriation. The information and telecommunications
technology systems and services account is created in the special revenue
fund. Receipts credited to the account
are appropriated to the Office of Enterprise Technology for the purpose of defraying
the costs of personnel and technology for activities that create government
efficiencies in accordance with this chapter.
Subd. 2. Charges. Upon agreement of the participating
agency, the Office of Enterprise Technology may collect a charge for purchases
of information and telecommunications technology systems and services by state
agencies and other governmental entities through state contracts for purposes
described in subdivision 1. Charges
collected under this section must be credited to the information and
telecommunications technology systems and services account.
Sec.
10. [43A.312]
CENTER FOR HEALTH CARE PURCHASING IMPROVEMENT.
Subdivision
1. Establishment; administration. The commissioner shall establish and
administer the Center for Health Care Purchasing Improvement as an
administrative unit within the Department of Employee Relations. The Center for Health Care Purchasing
Improvement shall support the state in its efforts to be a more prudent and
efficient purchaser of quality health care services. The center shall aid the state in developing
and using more common strategies and approaches for health care performance
measurement and health care purchasing.
The common strategies and approaches shall promote greater transparency
of health care costs and quality, and greater accountability for health care
results and improvement. The center
shall also identify barriers to more efficient, effective, quality health care
and options for overcoming the barriers.
Subd. 2. Staffing;
duties; scope. (a) The
commissioner may appoint a director, and up to three additional senior-level
staff or codirectors, and other staff as needed who are under the direction of
the commissioner. The staff of the
center are in the unclassified service.
(b) With
the authorization of the commissioner of employee relations, and in
consultation or interagency agreement with the appropriate commissioners of
state agencies, the director, or codirectors, may:
(1)
initiate projects to develop plan designs for state health care purchasing;
(2) require reports or surveys to evaluate the performance of current he