Virtual File - Item

Text: Governor Dayton's objections to the SF3656 Omnibus supplemental budget bill



S.F. 3656 - Agriculture Article
Cuts, Fund Grabs
Agency
Description Problem Language
Revisor#/Section
Line Reference
1
Agriculture
Reduction to AGRI Program
JRM/NB, Sec. 3
4.29-9.13
Policy Language that Needs to Come Out
Agency
Description Problem Language
Revisor#/Section
Line Reference
2
Agriculture
Groundwater Protection- rulemaking authority
JRM/NB, Sec 16
20.5-20.23
Fiscal Language That Needs Revision
Agency
Description Problem Language
Section
Line Reference
3
Agriculture
Seed Law Fee Change
Section 5, subd. 2
14.29-15.1
4
Agriculture
Bioincentive Program carve out
Sec. 3
7.29-7.35 5/18/18 1

S.F. 3656 - Environment and Natural Resources Article (Revisor CKM18-04)
Cuts, Fund Grabs, Shifts
Agency
Description Problem Language
Section
Line Reference
1
PCA
Shifts $300k for Recycling Grants from GF to Environmental Fund
2
2.1-2.9
2
DNR
Shifts $1.131M for Next Generation Forestry data system
3
5.14-5.24
Policy Language to be Removed
Agency
Description Problem Language
Section
Line Reference
3
DNR
Voter Registration Information on web
26
40.14-40.32
4
DNR
Attaching water to land as a right.
48
51.1-51.9
5
DNR
Moratorium on muskee stocking in Otter Tail county
115
91.21-92.3
6
BWSR
Excessive soil loss provision
45
49.17-49.19
7
BWSR
Initial Implementation Waivers.
146
85.12-85.27
8
PCA
Water Fee increases prohibited without legislative approval
64, 69, 70,71,85
59.1-63.11; 66.1-66.20; 74.20-76.34
9
PCA
Sugar Beet Pit Liner Prohibition
66
63.28-64.3
10
PCA
Restrictions on Metro Solid Waste Plan
99
82.19-83.34
11
PCA
Wild Rice sections
101, 126-132
84.18-85.9; 97.15- 98.28; 98.29-99.9 99.10 -99.19; 99.20-99.28; 5/18/18 2

99.29 -100.12
12
PCA
Demo Landfills
125
96.23-97.14
Policy Language That Needs Revision
Agency
Description Problem Language
Section
Line Reference
13
PCA
Capital Assistance Program for Recycling Infrastructure
72
66.21-67.25
14
BWSR
Accelerated Buffer Strip Implementation
1-2
100.20-103.2
15
PCA
Effluent Limitations Compliance
68
65.26-65.33
16
PCA
3M Settlement
82, 83
73.7 - 73.9; 73.11 -73.14; 73.24 - 73.31
17
Drainage Work Group consensus language
1-2
100.20- 103.2
18
PCA
Effluent Limitations Compliance
68
65.28 - 65.29
19
DNR
Require DNR to pay for part of test wells
49
51.10-51.13
20
DNR
Uses G&F Heritage Enhancement Funds for Fish Stocking Survey
3
3.24 -4.9
5/18/18 3

S.F. 3656 - HHS Article (Conference Position TBD)
Cuts/Fund Grabs
Agency
Description Problem Language
Line Reference
Bill #/Revisor#
1
DHS
Transfers monies from the Systems Fund to the General Fund
Article 22, 82.25-82.33
In House/Senate.
2
MNSure
Reduces the cap for premium revenue from 3.5% to 2%.
Article 9, 318.11-319.13
House/Senate tax bill
Fiscal Language that Needs to Come Out
Agency
Description Problem Language
Line Reference
Bill #/Revisor#
3
DHS
Creates new LAC process around unspent System Fund balances.
Article 22, 82.26-82.33
House
4
DHS
Creates new subjective MMB approval standards on certain transfers.
Article 22, 2.25-3.23
Included in conference position (A18-0940)
5
DHS
Direct DHS to reconcile MinnesotaCare premiums in past years.
Article 22, 12.10-12.16
Conference position requires reconciliation, but does not include penalty. (A18-0940)
6
DHS
Withhold 2% of health plan payments until they verify eligibility.
Article 22, 96.14-96.33
House
7
DHS
Requires agency to hire vendor to verify MA, CCAP and SNAP eligibility.
Article 22, 3.24-5.9
Included in conference position. (A18-0940)
8
DHS
Creates a new Prescribed Pediatric Extended Care Center Services, that the federal government will not approve. Also segregates medically
Article 5, 157.6-157.18, and 192.1-192.7
House 5/18/18 4

complex children contrary to the goals of the Olmstead ruling.
Policy Language That Needs Revision
Agency
Description Problem Language
Line Reference
Bill #/Revisor#
9
DHS
Prohibits DHS from establishing preferred drug list for public programs.
Article 22, 81.3-82,24
House
10
DHS
Requires DHS to establish a pilot program to contract with health care networks to deliver care to public program enrollees.
Article 22, 89.31-92.8
House
11
DHS
Early and Periodic Screening Diagnostic and Treatment - Removes best practice for care, while continuing full provider payments.
Article 22, 10.27-11.10
Conference
12
DHS
Removes DHS rule making authority for child care licensing.
Article 28, 19.17-19.24
Conference
13
DHS
Establishment of a working group to restructure DHS.
Article 28, 17.15-19.16
Conference
14
MDH/ Commerce
Changes short term duration health plans to allow them to last for up to two years and exclude preexisting conditions for six months.
Article 24. 2.9-3.16
Included in conference position. (A18-0939)
15
MDH
Exempts Hubbard Co. from having a sanitary dumping ground.
Article 23, 35.16-35.23
Included in conference position. 5/18/18 5

Policy Language that Needs to be Changed
Agency
Description Problem Language
Line Reference
Bill #/Revisor#
16
DHS
Non-emergency medical transportation provisions. Add individual provider enrollment.
Article 22, 10.08-10.20
Included in conference position.
17
DHS
CCAP federal conformity items. Add effective date of October 8, 2018.
Article 28, 5.21-7.6
Included in conference position.
18
DHS/
MDH
Directs DHS and MDH to devise legislation to create the Department of Investigation, Compliance and Eligibility to consolidate oversight functions at DHS and MDH.
Article 28, 17.3-17.14
Conference
Unfunded Provisions
Agency
Description Problem Language
Line Reference
Bill #/Revisor#
19
DHS
Two FTEs requested but not funded for the behavioral health crisis program facilities grants in the bonding bill.
24.29-24.33
Bonding - House A18-0869 5/18/18 6

S.F. 3656 - Jobs Article
Cuts/Fund Grabs
#
Agency
Description Problem Language
Revisor#/Section
Line Reference
1
DEED
Reduction to the Job Creation Fund of $1.5 M in FY19, one-time.
JOBAPPROP18
Delete lines 7.4-7.5
Policy Language That Needs to Come Out
Agency
Description Problem Language
Revisor#/Section
Line Reference
2
MHFA
Mandates that 10% of the MHFA Board's "Pool 3" Housing Affordability Fund resources are directed for manufactured housing and housing for small communities.
HOUSING18
Section 39
Delete lines 45.25-45.30
3
MHFA
Tax-exempt bond reform language includes automatically allocating federal affordable housing tax credits, which is not in compliance with federal law.
HOUSING18
Section 11
Delete lines 9.23-12.27
4
MHFA
Holds manufactured home park owners harmless in payments to the Manufactured Home Relocation Trust Fund if a resident to reduce their contribution.
HOUSING18
Section 6
Delete line 5.11- and "15" on line 5.12 5/18/18 7

5
MHFA
Reduce manufactured home park contribution to the Manufactured Home Relocation Trust Fund revenue up to $3 K per lot.
HOUSING18
Section 7
Delete line 7.28
6
MHFA
Allows for manufactured home park infrastructure to be an eligible use for Housing Infrastructure Bonds.
HOUSING18
Section 9
Section 10
Section 15
Delete line 9.11-9.16
Delete line 9.17-9.22
Delete line 15.2, 15.14-15.18
7
MHFA
Deletes the set-aside for homeownership for two years
HOUSING18
Section 24
Delete lines 19.11-19.12
8
MHFA
Reporting
HOUSING18
Section 31
Section 40
Delete lines 40.7-40.22
Delete lines 46.1-46.5
9
MHFA
Rent Stabilization Exemption Repealer
HOUSING18
Section 41
Delete lines 8.10-8.11
10
DLI
Reduces minimum wage for tipped workers
LABORINDUSTRY18
Section 2
Section 6
Delete lines 1.27-5.24
Delete lines 8.10-8.11
11
Commerce
Caps Xcel Energy's cask payment revenue to the Renewable Development Account (RDA)
RSI-ENERGY
Section 1
Delete lines 1.18-1.29
12
Commerce
Circumvents the PUC process that protects utility ratepayers.
RSI-ENERGY
Delete lines 10.8-10.17
13
Commerce
The word "financing" is deleted from the Community Solar Garden statute.
RSI-ENERGY
Delete lines 10.19-12.11
14
PUC
Site permitting and routing extensions change to 30 days
RSI-ENERGY
Sec. 14 and 15
Delete Lines 17.8-17.24
5/18/18 8

Policy Language That Needs Revision
Agency
Description Problem Language
Revisor#/Section
Line Reference
15
MHFA
Tax-exempt bond reform language includes technical issues that need to be changed
HOUSING18
Section 19
Section 28
Section 30
Change lines 17.5-17.14
Change lines 21.4-30.4
Change lines 30.12-38.12
16
MHFA
Advances to the Minnesota Manufactured Home Relocation Trust Fund language
HOUSING18
Section 38
Change lines 45.11-45.24
17
MHFA
Extend Challenge Program eligible uses to include manufactured home parks language
HOUSING18
Section 12
Change lines 12.28-13.21
18
MHFA
Changing the age of "senior" from 62 to 55 related to housing infrastructure bonds for senior housing.
HOUSING18
Section 14
Change line 14.17
5/18/18 9

S.F. 3656 - Public Safety
Policy language that needs to come out
Agency
Description Problem Language
Section
Line Reference
1
n/a
Protest language for airports and freeways
Sec. 8
6.29-7.2
2
n/a
Critical Infrastructure protest language
Secs. 6-7
5.26-6.28
5/18/18 10

S.F. 3656 -Transportation Article
Cuts/Fund Grabs
Agency
Description Problem Language
Section
Line Reference
1
DPS
$1.9 million reduction in FY 2018 general fund or special revenue fund that is transferred to the MNLARS tech account.
Will change, pgs. 5-6
Fiscal language that needs to come out
Agency
Description Problem Language
Section
Line Reference
2
MnDOT
I-94 $20 million TH for permanent third lane
Amendment to bill
will be on pg. 3 after line 6
3
DPS
Prohibition of MNLARS funding for DPS staff
Will change, pg. 4
Policy language that needs to come out
Agency
Description Problem Language
Section
Line Reference
3
MnDOT
Prohibition of MnPASS lane on I-494 - Corridors of Commerce
Section
140
86.16-86.23
4
DPS
Deputy Registrars allowed to issue titles
17.25-17.30
5
DPS
Deputy Registrars ability to edit taxes and fees
82.4
6
DPS
Prohibition on slow traffic in the left lane
24.21-25.2
7
DPS/MNIT
Remove language that specifies the functionality and fixes that need to happen in MnLARS. Use current stakeholder process instead of statute to define roadmap of fixes and functionality.
6, 15, 16, 18-26, 28,30, 31, 33, 34, 126, 127, 141
8
Met Council
Restriction on how Met Council can use MVST.
Sec. 5
3.1-3.8 5/18/18 11

Unfunded Provisions
Agency
Description Problem Language
Section
Line Reference
9
MnDOT
Northstar Commuter Rail negotiations required but no funding is provided.
Section 137
85.4-86.3 5/18/18 12

S.F. 3656 - Education Article
Cuts/Fund Grabs
Agency
Description Problem Language
Section
Line Reference
1
MDE
MDE appropriation for litigation costs cancellation
Article 40, Sec 3
2
Perpich
Cancellation of $800k, rather than $600k, in the severance appropriation
Article 40, Sec 12
Policy language that needs to come out
Agency
Description Problem Language
Section
Line Reference
3
MDE
Summative Rating system
Article 35, Sec. 8,9,19,20
4
MDE
Civics course and test requirement
Article 35, Sec 4, 20
5
MDE
Dyslexia screening without new funding
Article 35, Sec 10
6
MDE
MCA results reporting without new funding
Article 35, Sec 16-17
7
MDE
Allowing schools to display "In God We Trust"
Article 35, Sec 22
5/18/18 13

8
MDE
Prohibition on teachers using public resources for advocacy
Article 35, Sec 39
9
PELSB
Teacher code of ethics, Subd. 2 part a, "Academic Balance" language
Article 36, Sec 1
1.10- 1.12 and 2.12-2.15
10
MDE
Removing the licensure requirement for teachers in School Readiness Plus
Article 39, Sec 16
11
PELSB
Stay of adjudication language
Article 36, Sec 7 and 17
12
MDE
WBWF/ESSA alignment
Article 35, Sec 6
13
MDE
Certificate Incentives Report without new funding
Article 35, Sec 46
14
MDE
Basic Skills Revenue report without new funding for IT changes
Article 34, Sec 10 - 11.
15
MDE
Safe Schools Revenue report without new funding for IT changes
Article 33, Section 5, Subd. 9
16
MDE
Curriculum Review without new funding
Article 35, Sec 9
17
MDE
Expanding Kindergarten Readiness Assessment without new funding
Article 39, Sec 4
5/18/18 14

Language that needs revision
Agency
Description Problem Language
Section
Line Reference
18
MDE
Threat Assessments, language needs to be enhanced to have student then be in the presence of someone: "The school district's suicide policy or protocol must include immediate intervention, and staff staying with a student until assistance arrives."
Article 33, Sec 1
19
MDE
Minnetonka fund transfer. The three other fund transfers that were in the Houses position should be included if any are included.
Article 34, Sec 23
20
MDE
Accreditation change for Post-Secondary Enrollment Options.
Article 34, Sec 4
21
MDE
Services Provided before Dismissal
Article 35, Sec 27
22
PELSB
Embezzlement of over $2,500
Article 36, Sec 7, Subd. 1(b)(8)
23
PELSB
Tiered Licensure Effective date- Move to Dec 1
Article 36, Sec 22-36
24
PELSB
Tiered Licensure Temporary rules - not needed if effective date is moved.
Article 36, 38-57
25
MDE
School Lunch Debt
Article 38, Sec 6
5/18/18 15

Unfunded Provisions
Agency
Description Problem Language
Section
Line Reference
26
MDE
Grant administration- New grants without new admin money
Article 33, Sec 8,9,
Article 35, Sec 48, 51
Article 34, Sec 23, 26
27
MDE
Discipline reporting, unfunded IT costs to capture new component from districts
Article 35, Sec 34
28
MDE
Increasing finance audits of school districts from 25-50
Article 34, Sec 18
29
DPS
Physical Security Audit grants- no admin money. DPS estimates $90k per year is needed.
Article 33, Sec 9, Subd. 4
5/18/18 16

S.F. 3656 - State Government Article (Revisor SGS18-09)
Cuts, Fund Grabs, Shifts
Agency
Description Problem Language
Section
Line Reference
1
State Auditor
One-time $270 thousand cut to the state auditor's operating budget, for payments to the City of Austin and to Wright and Becker Counties.
1
1.20 - 1.24
2
Cosmetology
Ongoing $10 thousand cut to the cosmetology board's operating budget
6
3.22
3
MMB
$207 thousand cut to MMB's budget by directing local government aid transfer to LBO
10
33.24-34.17
Policy Language to be Removed
Agency
Description Problem Language
Section
Line Reference
4
Admin
Data Practices Office required to supply advisory opinions
12
15.3-16.6
5
MMB
Federal funds report
14
16.16-17.9
6
All
Uncollectible debt report
16
18.11 - 18.29
7
Cosmetology
Eyelash technician manager license repeal
18-19, 21-22
19.18 - 21.23, 21.26 - 22.7
8
Revenue
Federal tax information added to the tax incidence study
30
25.18-25.26
9
Revenue
DOR required to recommend rulemaking changes to the valuation of public utility property
33
27.12-27.24
10
Attorney General
AG may not contract for legal services on a contingent fee basis
Amendment 132, Sec 7
1.11-1.12, 2.9
11
MN.IT and MMB
Cybersecurity 3.5% of IT budget
Amendment 132, First
3.11-3.15, 3.18-3.31, 7.11-7.13 5/18/18 17

Agency
Description Problem Language
Section
Line Reference
Article, 12Sec 2, Sec 3, Sec 8
12
MN.IT
Abolishment of MN.IT, allowing agencies to contract for services outside of MN.IT, rates reported earlier
Amendment 32, Sec 4, Sec 5, Sec 6, Sec 7, 9, 10, 11
4.5-4.10, 4.13, 4.15-6.6, 6.8- 6.33; 7.18-7.26, 8.1-9.6
13
MN.IT
Limits CIO authority for program participation with MDE, Board of Regents for U of M, Board of Trustees with MNSCU
Amendment 132, Sec 12
9.7-9.16
14
MMB
LBO fiscal note collaboration
16
35.22-35.25
15
Governor
Emergency Operations and Continuity Planning
7-11
6.29-15.2
5/18/18 18

Policy Language That Needs Revision
Agency
Description Problem Language
Section
Line Reference
16
MMB
LBO
Last article of SGS18-09
5/18/18 19

Gov. Dayton has marked 117 provisions "objectionable" in the "Omnibus Prime" budget bill (hat tip to @kpottermn) that is creeping through conference committee. Freeway protester penalties among policy language "that needs to come out." Full list: http://mn.gov/gov-stat/pdf/Problematic%20Language_10.52AM.pdf … #mnleg