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OMNIBUS K-12 EDUCATION FINANCE BILL
Chapter 6
*H.F. 2 Seagren, Erickson
S.F. 6
Stumpf
GENERAL EDUCATION REVENUE
Funding is increased by $381 Million for Minnesota schools.
This appropriation increases the basic revenue available per
pupil from $3,964 in fiscal year 2001, to $4,068 in fiscal year
2002, and to $4,601 in Fiscal year 2003 and later. This is
approximately a 2.5% increase. School districts receive
basic per pupil funding for all students including
students receiving special education services.
SPECIAL EDUCATION FUNDING
Base level of funding remains the same. A biennial
change of 17% or $725,570 for fiscal year 2002 and $752,091 for
fiscal year 2003 reflects a “maintenance of effort”. The
Individuals with Disabilities Education Act (IDEA Funding)
requires that expenditures on a statewide basis or at a local
district level may not be decreased from a current year to a
subsequent year, except under specific circumstances.
Article 3, Section 21, Subd. 2
SPECIAL EDUCATION REIMBURSEMENT
Reimbursement is now available for the cost of
paraprofessionals and clerical staff who provide direct services
to special education teachers and students, such as preparing
paperwork and making arrangements related to meeting special
education requirements. These Special Education personnel
are now considered essential for the purpose of reimbursement.
The time required to complete paperwork has been an ongoing
issue for Special Education teachers because it decreases the
time available for direct contact with students.
The Departments of Children, Families and Learning (DCFL) and
Human Services (DHS) are required to develop a plan by July 1,
2002 to identify services that could be billed under Medical
Assistance or other federal funds. The law also requires
that DCFL and DHS develop a uniform billing process. These
provisions were included in order to increase service and
funding resources. A uniform billing process will
facilitate interagency efforts to provide necessary services.
FUNDING FOR NEW STAFF
Funding is provided for two new staff at the DCFL to
investigate the maltreatment of minors, one new staff member for
the Library for the Blind and one new staff member to provide
oversight of educational programs in care and treatment
programs.
INDIVIDUAL INTERAGENCY INTERVENTION PLANS (IIIP):
$5 million is provided for web based IIIP (“triple IP”)
development. The DCFL is also to develop procedures to be
used at the local level to coordinate the services necessary to
implement the IIIP.
Article 3, Section 21, Subd. 11
FUND TRANSFERS
Funds reserved for disability access are transferred to
general fund accounts. Up-to $250,000 by ISD No. 2853, Lac
qui Parle Valley; up-to $175,000 by ISD No. 473, Isle.
Districts must demonstrate to the DCFL Commissioner that the
district’s school buildings are accessible to students or
employees with disabilities.
Article 5, Sec.
10
INTERAGENCY COORDINATION
School and county boards share joint responsibility to
coordinate, provide, and pay for appropriate services listed on
a child’s Individual Interagency Intervention Plan and to
facilitate payment for services from public and private sources.
The services provided must be in conformity with an
III Plan for each eligible child ages 3 to 21 years.
School boards must provide, pay for, and facilitate payment for
special education services; county boards have the same
responsibility for those programs over which they have service
and fiscal responsibility.
Article 3, Sec. 6
TEACHER TRAINING
Appropriates $500,000 each year for best practices grants to
intermediate school districts 287, 916 and 917 to train teachers
of special needs students.
Article 2, Sec.77 Subd. 7
SYMPATHOMIMETIC
MEDICATIONS
A parent, after consultation with health care, education, or
other professional providers, may agree or disagree to provide
the parent’s child with medications affecting the sympathetic
nervous system.
Article 3, Sec8, Subd. 3
USE OF SYMPATHOMIMETIC MEDICATIONS; STUDY
$250,000 is provided for the purpose of
contracting with a qualified expert to determine the number and
overall incidence rate of Minnesota children ages three to 18,
by age, grade level, gender and race who are diagnosed with
attention deficit disorder (ADD) or attention deficit
hyperactivity disorder (ADHD) and are currently taking
sympathomimetic medications such as Ritalin. $50,000
is appropriated to determine the number and overall incidence
rate of children not identified with ADD or ADHD
currently taking sympathomimetic medications; the number of
children who take symopathomimetic medications at home and not
at school; the previous interventions tried; the types of
practitioners who prescribe the sympathomimetic medications; and
what pressures families have experienced in terms of providing
their children with sympathomimetic medications. The
commissioner of DCFL must submit a report to the education
committees of the legislature by February 15, 2002.
Article 3, Section 21, Subd. 10
PROVISIONALLY CERTIFIED INTERPRETERS
An interpreter/transliterator holding a provisional
certificate may apply to the DCFL commissioner for one
time-limited extension of a provisional certificate based on
certain conditions and documentation. Article 3, Sec. 2
TEACHER LICENSURE
Chapter 1
H.F. 34
Siefert, Pelowski, Mares, Carlson, Rhodes
*S.F. 28
Hottinger, Lesewski, Langseth, Kleis, Kinkel
This law allows teacher candidates who were enrolled in
course work by January 1, 2000 to graduate under licensure rules
in effect at the time that they began their teacher pre-service
programs.
Effective: 1/17/01
Asthma Inhaler Use
Chapter 84
H.F.1394 Tingelstad, Erickson,
Koskinen, Eastlund, Smith
*S.F.1706 Wiger, Chaudhary
Elementary and secondary school students with asthma who have
permission from parents or guardians and verification in school
records of their capabilities will be allowed to carry and
self-administer inhalers in school.
Effective: 8/01/01
Pupil Fair Dismissal Act
Chapter 183
*HF 2107
Johnson, J., Mullery, fuller, Thompson, Howes
SF 1329 Neuville,
Scheevel, Pappas, Robertson, Olson
This law specifies the grounds for which a student may be
dismissed from school. It requires parent notification and
a meeting convened with the parent, surrogate parent or legal
guardian. Allows a student to be dismissed for willful
conduct that significantly disrupts activities.
Effective date: 8/01/01
Resolution
HF 670
Carlson, Mares, Luther, Seagren, Greiling
*SF 647
Rest, Stumpf, Knutson, Wiener, Robertson
A resolution was passed memorializing Congress to appropriate
the funds necessary to make good on its past promise to fund 40%
of the cost of average per pupil expenditures for special
education services
Effective: 4/06/01
Family and Early Childhood Education Finance
Chapter 3
*H.F. 4 Sykora, Eastlund, Nornes, Mulder, Haas, Leppik,
Erickson
S.F. 5 Lourey
Interagency Autism Coordinating Committee
The interagency autism coordinating committee (IACC) is
established to study existing assessment program options; public
and private funding sources; and current, research-based best
practice models. The committee will include
representatives of the departments of Children, Families and
Learning and Human Services; parents or guardians of children
with autism; pediatricians; local health officials and
representatives of private or nonprofit organizations that
advocate on behalf of children with autism. IACC will
study and recommend a plan for improving efforts at early
assessment and identification of autism in young children by
December 1, 2001 to legislative early childhood through grade 12
education policy and finance committees. The plan must
be designed to make optimal use of existing public resources.
Article 1, Section 15
Effective: 8/01/01
Autism spectrum disorders (ASD) are a group of life-long
developmental disabilities that are linked to biological and
neurological differences in the brain. The cause of ASD is
not yet clearly documented. There is no cure for ASD, however,
with early detection and intensive interventions children with
ASD have shown considerable improvement.
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Table of Contents
JOBS, ECONOMIC DEVELOPMENT Chapter 4
(SS)
AND HOUSING OMNIBUS BILL
*H.F. 5
McElroy
S.F. 12
Anderson
The bill provides for $365 million in General Fund spending
and reallocation in the areas of Jobs, Economic Development and
Housing. This is approximately $13 million above the House
of Representative’s Spending Target, but is $38 Million below
the Governor’s recommendations and approximately $35 Million
under the Senate’s original proposal. Of interest to the
disability community, are the following increases in spending
over the base, see topics below.
REHABILITATION SERVICES
Current funding levels are maintained for Vocational
Rehabilitation (VR), Extended Employment (EE), Independent
Living (IL) and State Services for the Blind (SSB).
Centers for Independent Living will receive an additional
$50,000 each year. EE basic is provided an additional
$400,000 each year to increase rates.
BRAIN INJURY PILOT PROJECT
EE will receive $ 150,000 for a pilot project to support
services to individuals with a brain injury. This was a
Brain Injury Association initiative. They want to explore
a consumer directed voucher method.
GRANTS FOR DEAF AND HARD OF HEARING
$25,000 annually to EE for deaf and hard of hearing services.
This appropriation from the workforce development fund is for
grants to the Minnesota center for persons who are deaf or
hard-of-hearing. This amount each year is added to the base of
the center, with funds not expended in the first year, available
for use in the second year.
HIV WORKPLACE EDUCATION
A $175,000 one-time appropriation. To provide employer
education and awareness of better techniques of management of
HIV in the workplace.
MENTAL ILLNESS EMPLOYMENT SUPPORT
$500,000 increases in each year of the biennium to the base
for grants for programs that provide employment support services
to persons with mental illness under Minnesota Statutes,
sections 268A.13 and 268A.14.
Additionally, there is language requiring the development of
performance standards for Workforce Centers and to report to the
Legislature next year, and then each odd numbered year hence.
The bill also requires a strategic plan to delineate the
placement and number of Workforce Centers throughout the state.
WORKFORCE REORGANIZATION
Abolishes the Department of Economic Security on 7/1/02 and
transfers responsibility of its programs to other state agencies
including the Department of Trade and Economic Development.
The Transition Team will make recommendations on the appropriate
relocation of other DES programs. The Governor will
appoint six members (including the chair) of the Transition
Team, and the Legislature will appoint six members of the
Transition Team. The Transition Team is instructed to
consult with: The State Rehabilitation Council, The State
Rehabilitation Council for the Blind, The State Independent
Living Council, and The Minnesota State Council on Disability.
Additionally, the Transition Team is further instructed to
consult with The National Federation of the Blind, The American
Council for the Blind and the United Blind of Minnesota, before
relocation of State Services for the Blind.
REORGANIZATION TRANSITION TEAM
No funding appropriated. The commissioners of the
affected departments are required to cooperate and provide staff
support to the transition team.
EMPLOYMENT ASSISTANCE RECORDS
Chapter 145
H.F. 0604 Rukavina, Entenza,
McElroy, Abeler
*S.F. 0564
Ring, Anderson, Solon, Kiscaden
Defines Employee Assistance Services and allows for the
person receiving services to have access to review files
pertaining to service received; The Employee Assistance Services
provider shall provide such information within seven (7) days.
No third party shall have access to records without written
consent including the employer. All employee assistance
files must be kept separate from personnel files. Civil
action may be taken to recover actual damages, plus costs and
reasonable attorney fees.
Effective: August 1, 2001
AFFORDABLE HOUSING
$24 million is a
one-time appropriation for the Affordable Rental Investment Fund
for new construction, acquisition and rehabilitation.
VISITABILITY
The visitability language requires all newly constructed
single-family dwellings, duplexes, triplexes and multi-level
townhouses that are built with funds from the Minnesota Housing
and Finance Agency to incorporate three basic access features
into the design and construction of the dwelling. It
requires new construction to have one no-step entrance, a
half-bath on the main level and 32-inch clear doorways
throughout the dwelling. Due to concerns that this proposal
might reduce the number of affordable units built, waivers were
provided if the no-step entrance or the half-bath reduced
affordability for the targeted population.
Effective: 07/01/01
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Table of Contents
OMNIBUS HEALTH AND HUMAN SERVICES BILL
Chapter 9
(SS)
COLA
A cost of living adjustment (COLA) of 3% will be provided for
long-term care and community service providers in each of the
next two fiscal years. A 3.5% COLA will be provided for
Intermediate Care Facilities for persons with developmental
disabilities (ICF/MRs).
MEDICAL ASSISTANCE (MA) INCOME STANDARD
The MA income standard for the elderly and disabled will be
raised to 100% of the federal poverty guideline (FPG) for
persons with income below the FPG (about $716 per month),
effective July 1, 2001. Therefore, these persons will be
able to be on MA, without a spenddown, and retain all of their
income. For persons with income over the FPG, a spenddown
will still apply; this group, however, will receive a COLA to
70% of the FPG in FY 02 and to 75% of FPG in FY 03. The
income disregard of $20 is eliminated.
Article 2
MA/TEFRA INCOME DISREGARD
Child supports and Social Security payments will not be
counted as income for children eligible for the home and
community-based waiver services under the Tax Equity and
Financial Responsibility Act (TEFRA).
Article 2
Effective 07/01/01
PRESCRIPTION DRUG PROGRAM
This legislation raises the prescription drug program limit
for Medicare enrollees, under the age of 65, to 120% of the FPG,
effective July 1, 2002; the increase is to 135% of FPG for
persons over 65 years of age. Article 2
Effective:01/01/02
MA-EPD
The premium charge for MA under the Medical Assistance for
Persons with Disabilities (MA-EPD) Waiver will change. The
premium will be based on a sliding fee scale, which begins at 1%
of income at 100% of the FPG and gradually increase to 7.5% at
or above 300% of the FPG.
This legislation provides for a freeze of assets, due to a
loss of earnings for up to one year, upon approval of a federal
waiver. A person enrolled under the MA-EPD waiver, who is
out of work due to a medical condition, remains eligible up to
four months.
Article 2
Effective: 11/01/01
HOME CARE BILL OF RIGHTS, NOTICE OF TERMINATION
This section amends the home care bill of rights to require
at least 10 days notice of termination except under certain
specified circumstances.
Article 1, Sec. 39, Subd. 1(16)
PATIENT PROTECTION
This Section of the Omnibus Health and
Human Services Bill provides for a mandatory standing referral
to a specialist under certain circumstances such as a
degenerative disease or disability. It provides for continuity
of care with the current provider if the contract with the
provider is terminated not for cause, under certain conditions;
provides that an HMO contract must cover a drug, device,
treatment, or procedure associated with a clinical trial, if it
is not deemed experimental, and the drug, device, treatment or
procedure would otherwise be covered under the contract;
provides that health plans would not be allowed to exclude or
reduce coverage for a person covered by the plan whose
health-care needs arise from a suicide attempt. A similar bill
was passed and vetoed because of the cost for state employees.
This provision in the Health and Human Services bill does not
include a standing referral to a specialist for state employees.
Article 16
AUTISM SERVICES COVERED UNDER MA
The HHS bill expanded the Medical
Assistance (MA) benefit set will include Applied Behavioral
Analysis Therapy services for children with autism.
.
Article 2, Sec. 31
Effective: 01/01/03
TRAUMATIC BRAIN
INJURY AND RELATED CONDITIONS
This provision directs the
commissioner of the Department of Human Services (DHS) to seek
to amend the traumatic brain injury waiver to include, as
eligible persons, individuals with an acquired or degenerative
disease when cogitative impairment is present, such as multiple
sclerosis.
Article 3, Sec. 67
REMEMBERING WITH
DIGNITY
This provision allocates $250,000 for
grants to be made available to community-based or statewide
organizations for the purpose of purchasing and placing cemetery
grave markers at regional treatment centers.
Article 17, Sec. 2, Subd. 8
COMMITMENT ACT
AMENDMENTS
This legislation deletes the word “imminent” from the
current requirement that someone be in imminent danger of
causing injury to self or others before the person can be held
under an emergency hold, and added “recent and volitional
conduct involving significant damage to substantial property”
as one of the criteria that can be considered for commitment.
Commitment must be to a community program wherever possible.
Article 9, Sec. 21, 29, 31
Effective: 07/01/02
Additional amendments to the Commitment Act were made which
set criteria for inpatient hospitalization with an emphasis on
the patient’s right to voluntary treatment.
Article
9, Sec. 22 - 27, 30, 32 - 36
CONTRACT BED EXPANSION
DHS currently administers special MA contracts with community
hospitals in the metro and northeast parts of the state to
provide inpatient psychiatric services for up to 45 days over
and above routine acute care admissions. The 2001
Session adopted the Governor’s proposal to expand this service
to the rest of the state, effective July 1, 2002, and to no
longer require a commitment before a person can access these
services. DHS plans to issue a statewide request for
proposals, thus opening all areas to bids from hospitals which
do not currently have contracts In addition, DHS is
required to complete a study by January 15, 2002 regarding the
feasibility of expanding this service to people who are Medicare
eligible (a service that is currently available only in the
northeast part of the state.)
Article 9, Sec.
37, 38, 51
COURT-ORDERED SERVICES AND HEALTH PLAN COVERAGE
Effective 7/1/01 or upon contract renewal, all
state-regulated health plans, including pre-paid plans under MA,
GAMC and MinnesotaCare, are responsible for court-ordered mental
health services if the services are otherwise covered by the
plan and if the court’s order is based on a behavioral care
evaluation performed by a licensed psychiatrist or a doctoral
level licensed psychologist, which includes a diagnosis and an
individual treatment plan for care in the most appropriate,
least restrictive environment. This court-ordered coverage
must not be subject to a separate medical necessity
determination by a health plan company under its utilization
procedures.
Effective: 01/01/02 or upon
contract renewal
All state-regulated health plans
that
provide prescription drug coverage must cover antipsychotic
drugs regardless of the plan’s formulary if the health care
provider certifies that the prescribed drug will best treat the
patient’s condition. In addition,
enrollees
receiving a prescribed drug to treat a diagnosed mental illness
or emotional disturbance, may continue to receive the prescribed
drug for up to one year without the imposition of special
payment requirements, when a health plan's drug formulary
changes or an enrollee changes health plans and the medication
has been shown to effectively treat the patient's condition.
Article 9, Sec. 1 - 3, 20, 28, 47
CRISIS HOUSING PROGRAM FOR ADULTS
The 1995 legislature transferred the MI Crisis Housing
Program from the Housing Finance Agency to DHS. This
program helps people retain their housing while they are
hospitalized or in a residential facility. The program is
administered under a contract from DHS to the Minnesota Housing
Partnership. As more people have learned about this
successful program, demand has grown. DHS has used
one-time savings from other programs to meet current demand.
This year, the Legislature agreed with the Governor’s proposal
to increase on-going funding for this program from the current
$224,000 per year to $374,000 in FY02 and $424,000 in FY03. In
addition, clarifications are provided regarding steps that can
be taken if funding for this program is not sufficient in the
future. Article 9, Sec. 19
CRISIS SERVICES
In addition to expanded MA coverage for crisis services as
part of the rehab option (see “Rehab Option” below), the
2001 Session included amendments to the Comprehensive
Mental Health Act to make counties responsible for children’s
mental health crisis services, and increased grants to counties
for that purpose, amounting to $500,000 per year for
children’s crisis services. (MA coverage for expanded
children’s crisis services was approved last year and is just
now being implemented.)
Article 9, Sec. 6, 11, 13, 16
GROUP RESIDENTIAL HOUSING
Certain board and lodging facilities serving persons with
mental illness or chemical dependency now have an opportunity to
negotiate with counties for increases in their GRH supplemental
service rate, effective July 1, 2001. This does not
include facilities receiving state funds under Rule 12.
Until June 30, 2002, the supplementary service rate of
qualifying facilities may be increased by up to 15 percent of
the supplementary service rate in effect on January 1, 2001 for
that facility. Qualifying facilities with no supplementary
service rate may apply for one, not to exceed $300 per month.
Article 13,
Sec. 14
MENTAL HEALTH SERVICES FOR DEAF
AND HARD OF HEARING Last year’s human services bill
included a one-time $120,000 for community support services for
deaf and hard of hearing adults with mental illness. The
2001 Session provides $125,000 ongoing per year, but expects the
grant money to be reduced as new funding becomes available
through the rehab option.
Article 17, Sec. 2, Subd. 9(c)
PRISONERS WITH MENTAL ILLNESS
The 2001 Session provided $874,000 in FY 02-03 for the
Department of Corrections to assist prisoners with mental
illness in planning for discharge to the community including, as
needed, assistance in arranging for housing, psychiatric
appointments and medications.
Article 9, Sec. 4
REHAB OPTION
The 1999 and 2000 Sessions required DHS to present proposed
legislation to the 2001 Session regarding expansion of MA for
adult rehabilitation services, also referred to as the “rehab
option.” DHS worked closely with counties, advocates and
providers to develop a proposal, which was included in the
Governor’s budget. The proposal included MA coverage for
crisis services, medication monitoring and independent living
skills training; and payment for staff travel time to allow
existing MA services such as medication management and
psychotherapy to be provided in non-clinic based settings for
people who would otherwise not attend treatment. Note that
these services are not limited to people with SPMI.
About 15,000 people will receive expanded services and an
additional 5,000 people will receive services for the first
time.
DHS projects that the rehab option will
bring in $6.3 million in new federal funding in FY02-03, and
$9.4 million on-going per year after these services are fully
implemented in FY05. The Governor’s proposal included an
equal amount of state matching funds, which were obtained
through projected savings in MA inpatient and day treatment and
from administrative restructuring of State Operated Services.
The Legislature agreed with the Governor’s proposal, with the
addition of clauses relating to maintenance of effort (see
above) and PMAP (see below)
Article 9, Sec. 39, 40, 42, 44
REHAB OPTION AND PMAP
The Legislature adopted a
provision which delays inclusion of adult mental health rehab
option services in prepaid MA plans until January 1, 2004, and
requires a report by January 1, 2003 with a plan
to
ensure coordination of these services between health plans and
counties, assure recipient access to essential community
providers, and monitor the health plans' delivery of services
through utilization review and quality standards. This
does not affect people who are now on MA fee-for-service
coverage, nor people who opt out of PMAP due to SED/SPMI opt-out
provisions which took effect 1/1/01.
Until
these services become part of PMAP, PMAP enrollees will be able
to obtain them through MA fee-for-service.
Article 9, Sec. 45
REHAB OPTION AND STATE OPERATED SERVICES
The Legislature adopted the Governor’s
proposal to allow Adult Mental Health Initiatives to receive the
federal share (50%) of allowable MA billings for rehab services
provided by state staff assigned to the Initiatives. DHS
projects that this will result in $1.7 million for expanded
mental health services during FY02-03. Since existing
State Operated Services appropriations will be counted as the
match for this additional federal funding, no new state funding
is necessary. The Legislature did not adopt the
Governor’s proposed authority for State Operated Services to
provide rehab services on an enterprise basis.
Article 9, Sec.39, Subd. 14
RELOCATION OF PEOPLE UNDER AGE 65 FROM NURSING HOMES
The Legislature adopted the Governor’s proposal to provide
additional choices for disabled individuals under the age of 65
who are in a nursing facility. It is projected that about
1,300 people will choose to move out of nursing homes into
non-institutional services, and that about half of these people
have a mental illness. Additional assistance will be
available in the form of expanded targeted case management (see
below) and additional support for housing costs in the
community.
Article 3 , Sec. 42, 59, 61, 70
SUICIDE PREVENTION
The 2001 Session adopted the Governor’s proposal for $1.1
million per year in new on-going funding for suicide prevention.
Most of these funds will be used for grants to community
organizations for suicide prevention targeted to populations at
highest risk.
Article 2, Sec. 45
SUPPORTIVE HOUSING AND MANAGED CARE PILOT
The 2000 Session provided $1
million per year for a supportive housing and managed care pilot
project to provide integrated, intensive and
individualized case management services, employment services,
health care services, rent subsidies or other short-or
medium-term housing assistance, and other supportive services to
eligible families and individuals. Eligible families and
individuals include homeless families with minor children,
homeless noncustodial parents, and other homeless individuals
who are eligible for MFIP welfare benefits. This year’s
Session provided an additional $1 million per year for this
project.
Article
17, Sec. 2, Subd. 11
TRANSITION SERVICES FROM CHILDREN’S MH TO ADULT MH
The Legislature adopted the
Governor’s proposal to allow counties flexibility in
use of existing children’s mental health grants for young
adults age 18 - 21 who meet the criteria in the Children’s
Mental Health Act for transition services.
Article 9, Sec. 18
CONTINUING CARE AND HOME CARE
Medical Assistance funds will be
redirected toward a new demonstration program allowing consumers
to take more responsibility for arranging, directing and
purchasing some of their own home care services. Community
services will be strengthened so about 1,300 adults under age 65
can voluntarily relocate from nursing homes to the community or
be diverted from nursing home placement.
Article 3
SELF-INSURANCE PLANS FOR
Chapter 215
GOVERNMENTAL SUBDIVISIONS
*SF 1054, Section 40 Sheid
HF 1338, Section 40
Haas
Self-insurance plans of city, county,
school districts, or any instrumentality thereof, with over 100
employees, must now file health plans with the Department of
Commerce. These self-insurance plans shall be filed and
certified as providing all benefits required by law before they
are issued or delivered to employees. This provision is
necessary because, unlike private sector self-insured health
plans, plans for government employees are exempt from the
federal Employee Retirement Income Security Act (ERISA)
regulation.
SUNSET EXTENSION FOR COUNCIL ON
Chapter 161
DISABILITY AND OTHER DISABILITY
RELATED COUNCILS AND COMMITTEES
*SF 1263
Robertson
HF 1869
Anderson, B.
The Council on Disability's Sunset is extended for two years,
to June 30, 2003. This chapter also extends the sunset for
a number of disability related councils and committees for the
same period of time.
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OMNIBUS TRANSPORTATION/PUBLIC SAFETY BILL
Chapter 8 (SS)
H.F. 7
Johnson, Dean
*S.F. 7
Molnau
Greater Minnesota Transit will receive an increase over their
funding base of $18.3 million each of the next two years of the
new biennium. While this modest increase will be used to
maintain current levels of service, it will do little to expand
services to the seven with no transit service or to the nine
counties with transit offered in specific cities only.
Citizens who are elderly or who have disabilities, rely heavily
on the usually non-profit agencies that are the primary
providers for the transportation lifeline throughout rural
Minnesota.
The Metropolitan Council received $136.2 million for the
upcoming biennium to maintain transit operations at current
levels. This represents approximately a $30 million
increase over the previous biennial base budget. Of this
amount, Metro Mobility receives $42.2 million each year of the
biennium for special transit operations, which will maintain
current levels of service but not allow for expansion of needed
services. As a result of the limited appropriation
increase for Metropolitan Transit operations, a 25 cent fare
increase was instituted on fixed routes, Metro Mobility,
however, will not likely resort to a fare increase in the near
future.
SERVICE ANIMAL PROTECTION (PUBLIC SAFETY)
Also contained in chapter 8 is a new crime in the criminal
code for harming service animals. This new law creates
penalties which apply to a person who intentionally and without
justification causes harm or death to an animal trained to
assist a person with a disability while the animal is involved
in that purpose or is in the custody of the person with the
disability.
The criminal penalty depends on the level of harm that the
animal suffers and ranges from a misdemeanor to a fine of up to
$10,000 or a four-year imprisonment or both. This language
was passed in response to a specific incident where a service
animal was harmed in the course of performing its duties for its
owner.
Effective: Most provisions effective 07/01/01; others
effective 08/01/01
SMALL PASSENGER SERVICE Chapter 112
*H.F.
1596
Workman
S.F.
1599
Chaudhary, Robling, Johnson, Debbie, Terwilliger, Sabo
Essentially, this law redefines “small vehicle passenger
service” within the metropolitan area, to include for hire
transportation of persons certified to use Metro Mobility
services, in vehicles utilizing a wheelchair lift and at least
three wheelchair lock down positions. The law that is
revised by this one, exempted small vehicle passenger service
from MnDOT passenger registration requirements, and was limited
to vehicles up to 7 persons.
Additionally, this law allows the Metropolitan Council to
transfer former Metro Mobility vehicles to another special
transportation provider or taxi service. When transferring
such a vehicle to a taxi company, the taxi service must be
licensed in a city that requires criminal background checks, as
well as annual driving record checks for drivers, and at least,
annual vehicle inspections.
Effective: 08/01/01
OMNIBUS TAX BILL
Chapter 5 (SS)
*H.F. 1
Abrams
S.F. 13
Pogemiller
TAX SHIFT FOR TRANSIT
Unquestionably, the most important legislative decision
affecting transit this year was the dedication of Motor Vehicle
Excise Tax (MVET/Sales Tax) monies to replace property tax
levies as a funding source for transit throughout the state.
While 20.75 percent of the overall tax generated by vehicle
sales will be placed in a metropolitan area transit fund,
another 1.25 percent of sales will go to assist transit systems
in greater Minnesota. The funding shift to MVET away from
local property taxes should provide for a greater commitment to
transit services at the state level.
Effective: 07/01/01
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OTHER
IMPORTANT NEW LAWS
Omnibus State
Government Appropriations
Chapter 10 (SS)
H.F. 9: Krinkie, Erickson
*S.F. 9: Cohen
SYSTEM OF TECHNOLOGY TO ACHIEVE
RESULTS (STAR)
This bill Includes funding for a variety
of state agencies/programs as well as several public policy
provisions. Among the many provisions included is state
funding for the STAR program. The STAR program helps
ensure access to assistive technology devices and services for
Minnesotans with disabilities. STAR activities also receive
federal funding through the Assistive Technology Act of 1998.
State funding for STAR was $900,000 for the last two-year
budget cycle, for fiscal years 2000 and 2001 (FY 00 and FY 01).
CH10 cuts that funding by two-thirds, to $300,000 for the next
two-year budget cycle. As a result, STAR will
not continue its Regional Assistive Technology Resources grants
program ($200,000.00 over the last biennium). Funding for
STAR's statewide Community Action Networks (CANs) are expected
to receive a fifty percent cut in the first year of the biennium
(FY02) and possibly no funding in the second year (FY03).
All other grant projects - minority outreach, employment,
publicity - are currently without a budget. Some projects
from last year continue to be funded with a special extension
using FY00 or FY01 dollars.
STAR currently receives $380,000 per year in federal funding
through the 1998 Assistive Technology Act. This federal funding
sunsets, or ends, on September 30, 2002 unless new federal laws
are passed to extend the sunset and provide for new funding.
Nine states, including Minnesota, are set to have their federal
assistive technology (STAR) funding sunset on that date.
Effective: 07/01/01
CREDITOR DISCRIMINATION PROHIBITED
Chapter 186
*H.F. 1892
Clark, K., Gray, Walker, Rhodes, Dibble
S.F. 1545
Chaudhary, Kelly, R.C.
Discriminatory practices, by creditors, definition is
extended to include persons who are receiving public assistance
including Medical Assistance or Public Housing Assistance.
Effective: August 1, 2001
GENETIC TESTINGS
PROHIBITIONS
Chapter 154
H.F. 1886
Kahn, Smith, Davids, Gunther, Workman
*S.F. 1721
Anderson, Marty, Ranum, Betzold, Limmer
Prohibits employers from using genetic testing or genetic
information or requiring genetic testing as a condition of
employment. Emerging genetic technologies can be used to
test one’s genes for specific diseases or a predisposition
toward certain conditions and hence employers could use such
information in a discriminatory fashion. The law allows
for a person aggrieved by such a violation to sue for damages.
Effective: August 1, 2001
CIVIL ACTIONS FOR
STATE VIOLATIONS
Chapter 159
OF FEDERAL ACTS
H.F. 1655
Entenza, Dorn, Goodno, Abeler, Smith
*S.F. 1614
Hottinger, Cohen, Anderson, Orfield, Marty
Waives state immunity to suits filed by current, former or
prospective employees when the state as an employer has violated
any of the following federal statues: The Age
Discrimination in Employment act, The Fair Labor Standards Act,
The Family Medical Leave Act, or the Americans with Disability
Act.
Effective: August 1,
2001
LEAD POISONING BILL
Chapter 205
PAY TOILET
PROHIBITION
Included in this Health Department Bill on lead poisoning is
a law change regarding pay toilets in public places. The
old law prohibited pay toilets in public places unless one-half
the available toilets were free and maintained at the same
standard of sanitation and upkeep (MS145.425). In an effort to
repeal obsolete laws, the Department bill, as introduced, would
have repealed the 26-year-old law completely. The effect
would have been to allow pay toilets without restriction.
MSCOD, and others, raised concerns about repealing this law.
The concern was that if pay toilets were allowed without
restriction, a potential access issue could be created for
people who are not able to insert coins into pay toilet payment
boxes. The state does not require people with disability
parking certificates and plates to pay parking meters since many
would not be physically able to do so. The same logic
applies to pay toilet payment boxes.
The final resolution adopted in conference committee,
supported by the Department and both House and Senate
legislators, was to preserve the current prohibition on pay
toilets and repeal the language which allows them if one-half
the available toilets are free and maintained at the same
standard of sanitation. The effect of this change is that
Minnesota now has a stronger law than before. Rather than
prohibiting pay toilets in public places unless half are free
and equally maintained, the law as amended simply prohibits pay
toilets in public places.
OMNIBUS ENVIRONMENT, NATURAL RESOURCES AND AGRICULTURE
APPROPRIATIONS BILL
Chapter 2 (SS)
H.F. 10
Holsten
*S.F. 10
Price
Access Funding for
Trails and Outdoor Recreation Areas
Over the past eight years Wilderness Inquiry has
actively pursued its goal of making Minnesota state parks,
forests, scientific and natural areas more accessible to people
with disabilities. This past session Wilderness Inquiry
secured additional funding of $230,000 through the Legislative
Commission of Minnesota Resources process to continue this
effort with focus on publicly funded trails, picnic areas, camp
grounds and beaches at county and municipal levels.
Effective: 07/01/00
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