Journal of the House - 112th Day - Sunday, May 21, 2006

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.

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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

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K-12 Education 5,469,000 2,764,000 8,233,000

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

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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.

(d) As determined by the commissioner, counties may use up to six percent of either calendar year 2008 or 2009 allocations under Minnesota Statutes, section 119B.03, to fund accelerated payments that may occur during the preceding calendar year during conversion to the automated child care assistance program system. If conversion occurs over two calendar years, counties may use up to three percent of the combined calendar year allocations to fund accelerated payments. Funding advanced under this subdivision shall be considered part of the allocation from which it was originally advanced for purposes of setting future allocations under Minnesota Statutes, section 119B.03, subdivisions 6, 6a, 6b, and 8, and shall include funding for administrative costs under Minnesota Statutes, section 119B.15. Notwithstanding the provisions of any section to the contrary, this provision shall sunset December 31, 2009.

(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.

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~~(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 Minnesota to determine the 75th percentile for like-care arrangements in counties. When the commissioner determines that, using the commissioner's established protocol, the number of providers responding to the survey is too small to determine the 75th percentile rate for like-care arrangements in a county or multicounty region, the commissioner may establish the 75th percentile maximum rate based on like-care arrangements in a county, region, or category that the commissioner deems to be similar.

~~(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 National Center for Montessori Education.

EFFECTIVE DATE. This section is effective July 1, 2006.

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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 Minnesota Electronic Child Care System, the provider and family authorization for a family and ongoing notification of the number of absent days used as of the date of the notification.

EFFECTIVE DATE. This section is effective July 1, 2006.

Sec. 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

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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 MINNESOTA EARLY LEARNING FOUNDATION ~~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.

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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 Minnesota Early Learning Foundation (MELF) shall evaluate the effectiveness of the voluntary NorthStar Quality Improvement and Rating System. The NorthStar Quality Improvement and Rating System must:

(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 Minnesota Early Learning Foundation shall report back to the legislature by January 15, 2008, on the progress being made under this paragraph.

(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.

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(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:~~

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~~(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:

125A.28 STATE INTERAGENCY COORDINATING COUNCIL.

An Interagency Coordinating Council of at least 17, but not more than 25 members is established, in compliance with Public Law ~~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,

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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.

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 COUNTY BOARDS AND SCHOOL BOARDS.

(a) It is the joint responsibility of county boards and school boards to coordinate, provide, and pay for appropriate services, and to facilitate payment for services from public and private sources. Appropriate services for children eligible under section 125A.02 must be determined in consultation with parents, physicians, and other educational, medical, health, and human services providers. The services provided must be in conformity with:

(1) an IFSP for each eligible infant and toddler from birth through age two and ~~its~~ the infant's or toddler's family, including:

(i) American Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the state;

(ii) infants and toddlers with disabilities who are homeless children and their families; and

(iii) infants and toddlers with disabilities who are wards of the state; or

(2) an individual education plan (IEP) or individual service plan (ISP) for each eligible child ages three through four.

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(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;

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(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.

(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;

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(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;

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(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:

125A.48 STATE INTERAGENCY AGREEMENT.

(a) The commissioners of the Departments of Education, Health, and Human Services must enter into an agreement to implement this section and Part 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;

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(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.

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Sec. 26. ADULT LITERACY GRANTS FOR RECENT IMMIGRANTS TO MINNESOTA.

Subdivision 1. Establishment. An adult literacy grant program for recent immigrants to Minnesota is established in fiscal years 2007 and 2008 only in order to meet the English language needs of the unanticipated refugees and immigrants to the state of Minnesota.

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 MINNESOTA BY 2020.

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 Minnesota by 2020, the commission must be guided by the following principles:

(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 Minnesota by 2020 to the legislature by December 15, 2008.

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Subd. 4. Expiration. The commission expires December 31, 2008.

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 Minnesota Statutes, section 124D.129:

$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 Minnesota Statutes, section 124D.162:

$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 Minnesota under section 26:

$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 Minnesota Early Learning Foundation for the NorthStar Quality Improvement and Rating System under Minnesota Statutes, section 124D.175, paragraph (c):

$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

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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.

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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.

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(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;

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(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] ALTERNATIVE TEACHER COMPENSATION REVENUE FOR PERPICH CENTER FOR ARTS EDUCATION AND MULTIDISTRICT INTEGRATION COLLABORATIVES.

Notwithstanding sections 122A.413, 122A.414, 122A.415, and 126C.10, multidistrict integration collaboratives and the Perpich Center for Arts Education are eligible to receive alternative teacher compensation revenue as if they were intermediate school districts. To qualify for alternative teacher compensation revenue, a multidistrict integration collaborative or the Perpich Center for Arts Education must meet all of the requirements of sections 122A.413, 122A.414, and 122A.415 that apply to intermediate school districts, must report its enrollment as of October 1 of each year to the department, and must annually report its expenditures for the alternative teacher professional pay system consistent with the uniform financial accounting and reporting standards to the department by November 30 of each year.

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 or, other public school entity, or other school, as defined

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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.

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.

(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 Minnesota schools and students.

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 Minnesota or other states;

(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.

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Sec. 5. NORTHWESTERN ONLINE COLLEGE IN THE HIGH SCHOOL PROGRAM.

For fiscal year 2007 only, the Northwestern Online College in the High School program is eligible for $50,000 for professional development and to develop Web-based technology.

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 Minnesota Statutes, section 120B.232. Character development education revenue for school districts equals $30 times the district's adjusted marginal cost pupil units.

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. Northwestern Online College in the High School program. For Northwestern Online College in the High School program under section 5:

$50,000 . . . . . 2007

This is a onetime appropriation.

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Subd. 3. Chinese language. For the Chinese language curriculum project under section 4:

$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 Minnesota Statutes, section 120B.132:

$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 Minnesota Statutes, chapter 16C, as they relate to competitive bidding, do not apply to this contract.

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.

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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.

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Sec. 3. Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision 6, is amended to read:

Subd. 6. Emergency aid, Red Lake. For Independent School District No. 38, Red Lake, for onetime emergency aid to repair infrastructure damage to the Red Lake High School as a result of the March 21, 2005, school shooting:

~~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.

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Subd. 4. Hopkins. Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80, on June 30, 2006, Independent School District No. 270, Hopkins, may permanently transfer up to $300,000 from its community education reserve fund balance to its undesignated general fund balance to assist the district in decreasing its statutory operating debt.

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.

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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

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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.

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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.

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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

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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.

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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

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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.

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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

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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.~~:

(2) a dependent student whose parent or legal guardian resides in Minnesota at the time the student applies;

(4) a student who, after residing in the state for a minimum of one year, earned a high school equivalency certificate in Minnesota.

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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.

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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 ~~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~~

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courses and programs. Therefore, the University of Minnesota, Winona State University, and Rochester Community and Technical College shall develop jointly a statement of missions, roles, and responsibilities for the programs and services at Rochester which shall be submitted to the legislature by January 30, 2000, and any time thereafter that the missions, roles, and responsibilities change.

Sec. 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

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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

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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.

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.

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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;

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(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.

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Subd. 5. Issuing fee. In addition to the fee for a horse trail pass, an issuing fee of $1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass. Issuing fees for passes sold by the commissioner of natural resources shall be deposited in the state treasury and credited to the horse trail account in the natural resources fund and are appropriated to the commissioner for the operation of the electronic licensing system. A pass shall indicate the amount of the fee that is retained by the seller.

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.

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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

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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

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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.

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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.

(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:

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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

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(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.

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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.

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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.

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Subd. 4. Prelicensure requirements. (a) Before the commission issues a license to a promoter, matchmaker, corporation, or other business entity, the applicant shall:

(1) provide the commission with a copy of any agreement between a contestant and the applicant 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.

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Subd. 2. Expiration and renewal. A license expires December 31 at midnight in the year of its issuance and may be renewed by filing an application for renewal with the commission and payment of the license fee. An application for a license and renewal of a license must be on a form provided by the commission. There is a 30-day grace period during which a license may be renewed if a late filing penalty fee equal to the license fee is submitted with the regular license fee. A licensee that files late shall not conduct any activity regulated by this chapter until the commission has renewed the license. If the licensee fails to apply to the commission within the 30-day grace period, the licensee must apply for a new license under subdivision 1.

Sec. 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

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(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.

(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.

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(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.

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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.

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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.

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

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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.

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

Journal of the House - 112th Day - Sunday, May 21, 2006 - Top of Page 8782

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.

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.

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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.

Journal of the House - 112th Day - Sunday, May 21, 2006 - Top of Page 8784

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.

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.

Journal of the House - 112th Day - Sunday, May 21, 2006 - Top of Page 8785

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;

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(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.

(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.

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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.

Journal of the House - 112th Day - Sunday, May 21, 2006 - Top of Page 8788

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;

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(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.

Journal of the House - 112th Day - Sunday, May 21, 2006 - Top of Page 8790

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.

Journal of the House - 112th Day - Sunday, May 21, 2006 - Top of Page 8791

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.

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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