as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; modifying the name, duties, and 1.3 membership of regional coordinating boards; directing 1.4 federal financial participation for medical education 1.5 and research costs to be sought; authorizing the 1.6 commissioner of health to assume regulatory authority 1.7 over certain radioactive materials; modifying fees for 1.8 speech-language pathologists and audiologists; 1.9 modifying lead safety provisions; authorizing 1.10 penalties; appropriating money; amending Minnesota 1.11 Statutes 1998, sections 62J.09; 62J.69, by adding a 1.12 subdivision; 144.9504, subdivision 7; 144.99, 1.13 subdivision 1, and by adding a subdivision; and 1.14 148.5194; proposing coding for new law in Minnesota 1.15 Statutes, chapter 144; repealing Minnesota Statutes 1.16 1998, sections 144.9507; and 144.9511; Laws 1998, 1.17 chapter 407, article 2, section 104. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 ARTICLE 1 1.20 APPROPRIATIONS 1.21 Section 1. [HEALTH APPROPRIATIONS.] 1.22 The sums shown in the columns marked "APPROPRIATIONS" are 1.23 appropriated from the general fund, or any other fund named, to 1.24 the agency and for the purposes specified in the following 1.25 sections of this article, to be available for the fiscal years 1.26 indicated for each purpose. The figures "2000" and "2001" where 1.27 used in this article, mean that the appropriation or 1.28 appropriations listed under them are available for the fiscal 1.29 year ending June 30, 2000, or June 30, 2001, respectively. 1.30 Where a dollar amount appears in parentheses, it means a 1.31 reduction of an appropriation. 2.1 SUMMARY BY FUND 2.2 APPROPRIATIONS BIENNIAL 2.3 2000 2001 TOTAL 2.4 General $.,...,...,000 $.,...,...,000 $.,...,...,000 2.5 State Government 2.6 Special Revenue ..,...,000 ..,...,000 ..,...,000 2.7 Health Care 2.8 Access ...,...,000 ...,...,000 ...,...,000 2.9 Metropolitan 2.10 Landfill Contingency 2.11 Action Fund ...,000 ...,000 ...,000 2.12 Trunk Highway .,...,000 .,...,000 .,...,000 2.13 TOTAL $.,...,...,000 $.,...,...,000 $.,...,...,000 2.14 APPROPRIATIONS 2.15 Available for the Year 2.16 Ending June 30 2.17 2000 2001 2.18 Sec. 2. COMMISSIONER OF HEALTH 2.19 Subdivision 1. Total 2.20 Appropriation ..,...,000 ..,...,000 2.21 Summary by Fund 2.22 General ..,...,000 ..,...,000 2.23 Metropolitan 2.24 Landfill Contingency 2.25 Action Fund ...,000 ...,000 2.26 State Government 2.27 Special Revenue ..,...,000 ..,...,000 2.28 Health Care 2.29 Access ...,...,000 ...,...,000 2.30 Subd. 2. Health Systems 2.31 and Special Populations ..,...,000 ..,...,000 2.32 Summary by Fund 2.33 General ..,...,000 ..,...,000 2.34 State Government 2.35 Special Revenue .,...,000 .,...,000 2.36 Health Care 2.37 Access ...,...,000 ...,...,000 2.38 [TOBACCO PREVENTION.] (a) Of the 2.39 general fund appropriation, $7,500,000 2.40 each year is appropriated to the 2.41 commissioner for tobacco use prevention. 2.42 This appropriation shall not become 2.43 part of the base level funding for this 2.44 activity in the 2002-2003 biennial 2.45 budget. 2.46 (b) $5,000,000 each year is for grants 2.47 to community health boards under 2.48 Minnesota Statutes, chapter 145A, and 2.49 to the governing bodies of the 11 3.1 Indian reservations listed in Minnesota 3.2 Statutes, section 3.922, subdivision 1, 3.3 for the development of community 3.4 initiatives to reduce and prevent 3.5 tobacco use. In allocating these 3.6 grants, the commissioner shall make an 3.7 initial grant of $50,000 to each 3.8 community health board and Indian 3.9 reservation. The commissioner shall 3.10 distribute the balance of these grant 3.11 funds to community health boards in 3.12 proportion to population under 3.13 Minnesota Statutes, section 145A.13, 3.14 subdivision 1, paragraph (b), and as 3.15 provided under Minnesota Statutes, 3.16 section 145A.13, subdivision 3. 3.17 (c) $2,500,000 each year is for the 3.18 commissioner to provide for statewide 3.19 coordination, monitoring, evaluation, 3.20 and technical assistance for tobacco 3.21 use prevention activities and to 3.22 improve the enforcement of the 3.23 Minnesota Clean Indoor Air Act under 3.24 Minnesota Statutes, sections 144.411 to 3.25 144.417. Unexpended funds do not 3.26 cancel on June 30, 2001, but are 3.27 available until June 30, 2003, for 3.28 evaluation activities. 3.29 [STATE VITAL STATISTICS REDESIGN 3.30 PROJECT ACCOUNT.] The amount 3.31 appropriated from the state government 3.32 special revenue fund in Laws 1997, 3.33 chapter 203, article 1, section 3, 3.34 subdivision 2, for the vital records 3.35 redesign project is available for 3.36 development and implementation costs 3.37 until expended. 3.38 [WIC TRANSFERS.] The general fund 3.39 appropriation for the women, infants, 3.40 and children (WIC) food supplement 3.41 program is available for either year of 3.42 the biennium. Transfers of these funds 3.43 between fiscal years must either be to 3.44 maximize federal funds or to minimize 3.45 fluctuations in the number of program 3.46 participants. 3.47 [MINNESOTA CHILDREN WITH SPECIAL HEALTH 3.48 NEEDS CARRYOVER.] General fund 3.49 appropriations for treatment services 3.50 in the services for Minnesota children 3.51 with special health needs program are 3.52 available for either year of the 3.53 biennium. 3.54 [FAMILY PLANNING GRANTS.] The 3.55 commissioner must allocate to each 3.56 organization receiving funds under 3.57 Minnesota Statutes, section 145.925, on 3.58 July 1, 1999, at least the same amount 3.59 of grant funds for the 2000 to 2001 3.60 grant funding cycle as the organization 3.61 received for the 1998 to 1999 grant 3.62 funding cycle, provided that the 3.63 organization submits revised goals, 3.64 objectives, methodologies, and budgets. 3.65 Subd. 3. Health Protection ..,...,000 ..,...,000 4.1 Summary by Fund 4.2 General .,...,000 .,...,000 4.3 Metro Landfill 4.4 Contingency ...,000 ...,000 4.5 State Government 4.6 Special Revenue ..,...,000 ..,...,000 4.7 [OCCUPATIONAL RESPIRATORY DISEASE 4.8 INFORMATION SYSTEM.] Unexpended funds 4.9 appropriated in Laws 1998, chapter 407, 4.10 article 1, section 3, subdivision 3, to 4.11 design an occupational respiratory 4.12 disease information system do not 4.13 cancel but are available until 4.14 expended. This provision is effective 4.15 the day following final enactment. 4.16 Subd. 4. Management and 4.17 Support Services .,...,000 .,...,000 4.18 Summary by Fund 4.19 General .,...,000 .,...,000 4.20 State Government 4.21 Special Revenue ...,000 ...,000 4.22 Health Care 4.23 Access ...,000 ...,000 4.24 [PUBLIC HEALTH INFORMATION SYSTEM.] Of 4.25 the general fund appropriation, 4.26 $805,000 for the biennium is for grants 4.27 to community health boards to establish 4.28 Internet connections to local health 4.29 agencies and to improve Internet 4.30 communications among state and local 4.31 units of government. The portion of 4.32 this appropriation that is for 4.33 development costs shall be included in 4.34 the commissioner's base level funding 4.35 for this activity in the 2002-2003 4.36 biennial budget for ongoing operating 4.37 costs. 4.38 [MINORITY HEALTH.] Of the general fund 4.39 appropriation, $700,000 for the 4.40 biennium is for one-time grants to 4.41 local health agencies to conduct a 4.42 health needs assessment that is 4.43 specific to populations of color. This 4.44 appropriation shall not become part of 4.45 the base level funding for this 4.46 activity in the 2002-2003 biennial 4.47 budget. 4.48 Subd. 5. Landfill Contingency 4.49 The appropriation from the metropolitan 4.50 landfill contingency action fund is for 4.51 monitoring well water supplies and 4.52 conducting health assessments in the 4.53 metropolitan area. 4.54 Sec. 3. TRANSFERS 4.55 Positions, salary money, and nonsalary 5.1 administrative money may be transferred 5.2 within the department of health as the 5.3 commissioner considers necessary with 5.4 the advance approval of the 5.5 commissioner of finance. The 5.6 commissioner of finance shall inform 5.7 the chairs of the house health and 5.8 human services finance committee and 5.9 the senate health and family security 5.10 budget division quarterly about 5.11 transfers made under this provision. 5.12 Sec. 4. CARRYOVER LIMITATION 5.13 None of the appropriations in this act 5.14 which are allowed to be carried forward 5.15 from fiscal year 2000 to fiscal year 5.16 2001 shall become part of the base 5.17 level funding for the 2002-2003 5.18 biennial budget, unless specifically 5.19 directed by the legislature. 5.20 Sec. 5. SUNSET OF UNCODIFIED LANGUAGE 5.21 All uncodified language contained in 5.22 this article expires on June 30, 2001, 5.23 unless a different expiration date is 5.24 explicit. 5.25 ARTICLE 2 5.26 HEALTH DEPARTMENT 5.27 Section 1. Minnesota Statutes 1998, section 62J.09, is 5.28 amended to read: 5.29 62J.09 [REGIONALCOORDINATING BOARDSHEALTH CARE ACCESS 5.30 COUNCILS.] 5.31 Subdivision 1. [GENERAL DUTIES.] (a) The commissioner 5.32 shall divide the state into six regions, one of these regions 5.33 being the seven-county metropolitan area. 5.34 (b) Each region shall establish a locally controlled 5.35 regionalcoordinating boardhealth care access council 5.36 consisting of providers, health plan companies, employers, 5.37 consumers, and elected officials. Regionalcoordinating boards5.38mayhealth care access councils shall: 5.39 (1) identify barriers to health care access in their 5.40 regions, cooperating with other local, regional, and statewide 5.41 entities as appropriate; 5.42 (2) develop and implement programs or projects to reduce 5.43 and eliminate barriers to health care access in their regions; 5.44 and 5.45 (3) develop and submit to the commissioner of health, by 6.1 August 15, 2002, a transition plan for sustaining regional 6.2 health care access work beyond June 30, 2005. 6.3 (c) Regional health care access councils may: 6.4 (1) develop recommendations for statewide programs or 6.5 projects to reduce and eliminate barriers to health care access 6.6 and for programs, projects, or policy changes requiring 6.7 legislative action. If a council develops such recommendations, 6.8 the council shall forward the recommendations to the 6.9 commissioner by May 30, 2000, or May 30, 2002; 6.10 (2) undertake voluntary activities to educate consumers, 6.11 providers, and purchasers about community plans and projects 6.12 promoting health care cost containment, consumer accountability, 6.13 access, and quality and efforts to achieve public health goals; 6.14(2) make recommendations to the commissioner regarding ways6.15of improving affordability, accessibility, and quality of health6.16care in the region and throughout the state;6.17(3) provide technical assistance to parties interested in6.18establishing or operating a community integrated service network6.19within the region. This assistance must complement assistance6.20provided by the commissioner under section 62N.23;6.21(4)(3) advise the commissioner on public health goals, 6.22 taking into consideration the relevant portions of the community 6.23 health service plans, plans required by the Minnesota 6.24 Comprehensive Adult Mental Health Act, the Minnesota 6.25 Comprehensive Children's Mental Health Act, and the Community 6.26 Social Service Act plans developed by county boards or community 6.27 health boards in the region under chapters 145A, 245, and 6.28 256E; and 6.29(5) prepare an annual regional education plan that is6.30consistent with and supportive of public health goals identified6.31by community health boards in the region; and6.32(6) serve as advisory bodies to identify potential6.33applicants for federal Health Professional Shortage Area and6.34federal Medically Underserved Area designation as requested by6.35the commissioner.6.36 (4) seek additional funds for program development and 7.1 implementation from public and private sources. 7.2 (d) The commissioner shall provide staff support to the 7.3 regional councils. 7.4 Subd. 2. [MEMBERSHIP.] (a) [NUMBER OF MEMBERS.] Each 7.5 regionalcoordinating boardhealth care access council consists 7.6 of17at least 15 and no more than 18 members as provided in 7.7 this subdivision.A member may designate a representative to7.8act as a member of the board in the member's absence. The7.9governor shall appoint the chair of each regional boardEvery 7.10 two years, members of each council shall elect a chair from 7.11 among its members.The appointing authorities under each7.12paragraph for which there is to be chosen more than one member7.13shall consult prior to appointments being made to ensure that,7.14to the extent possible, the board includes a representative from7.15each county within the region.7.16 (b) [PROVIDER REPRESENTATIVES.] Each regionalboard7.17mustcouncil may include up to four members representing health 7.18 care providers who practice in the region.One member is7.19appointed byThe Minnesota Medical Association. One member is7.20appointed bymay appoint one member. The Minnesota 7.21 HospitalAssociation. One member is appointed byand Healthcare 7.22 Partnership may appoint one member. The Minnesota Nurses' 7.23 Association. The remaining member is appointed bymay appoint 7.24 one member. The governor may appoint one member to represent 7.25 providers other than physicians, hospitals, and nurses. 7.26 (c) [HEALTH PLAN COMPANY REPRESENTATIVES.] Each 7.27 regionalboard includes fourcouncil may include up to three 7.28 members representing health plan companies who provide coverage 7.29 for residents of the region, including one member representing7.30health insurers who is elected by a vote of all. Health 7.31 insurers providing coverage in the region, one member elected by7.32a vote of allmay appoint one member. Health maintenance 7.33 organizations providing coverage in the region, and one member7.34appointed bymay appoint one member. Blue Cross and Blue Shield 7.35 of Minnesota. The fourth member is appointed by the7.36governormay appoint one member. 8.1 (d) [EMPLOYER REPRESENTATIVES.] Regionalboardscouncils 8.2 may includethreeup to two members representing employers in 8.3 the region.Employer representatives are appointed byThe 8.4 Minnesota chamber of commercefrom nominations provided by8.5members ofor local chambers of commerce in the region. At8.6least one member must represent self-insured employersmay 8.7 appoint these members. 8.8 (e) [EMPLOYEE UNIONS.] Regionalboardscouncils may 8.9 include one member appointed by the AFL-CIO Minnesota who is a 8.10 union member residing or working in the region or who is a 8.11 representative of a union that is active in the region. 8.12 (f) [PUBLIC MEMBERS.] Regionalboardscouncils may include 8.13threeup to five consumer members.One consumer member is8.14elected by theCommunity health boards in the region, with each8.15community health board having one vote. One consumer member is8.16elected bymay appoint one member. The legislative commission 8.17 on health care access. One consumer member is appointed bymay 8.18 appoint one member. The governor may appoint up to three 8.19 consumer members who represent senior citizens, minority groups, 8.20 clergy, social service agencies, or other consumer groups. 8.21 (g) [COUNTY COMMISSIONER.] Regionalboardscouncils may 8.22 includeone memberup to two members whois aare county 8.23 boardmembermembers. Thecounty board member is elected by a8.24vote of all of the county board members in the region, with each8.25county board having one voteAssociation of Minnesota Counties 8.26 may appoint these members. 8.27 (h) [STATE AGENCYDEPARTMENT OF HUMAN SERVICES.] Regional 8.28boardscouncils may include onestate agency commissioner8.29appointed by the governor to represent state health coverage8.30programsemployee of the Minnesota department of human services 8.31 who is appointed by the commissioner of human services. 8.32 (i) [DUTIES OF COMMISSIONER.] The commissioner shall 8.33 ensure that each council's membership is geographically 8.34 representative of the council's region and may make appointments 8.35 to the councils as necessary to ensure that the councils meet 8.36 the requirements for the number of members in paragraph (a). 9.1 The commissioner shall notify council members of the expiration 9.2 of their terms, as governed by section 15.0575. 9.3 Subd. 4. [FINANCIAL INTERESTS OF MEMBERS.] A member 9.4 representing employers, consumers, or employee unions must not 9.5 have any personal financial interest in the health care system 9.6 except as an individual consumer of health care services. An 9.7 employee who participates in the management of a health benefit 9.8 plan may serve as a member representing employers or unions. 9.9 Subd. 5. [CONFLICTS OF INTEREST.] No member may vote in 9.10 regionalcoordinating boardhealth care access council 9.11 proceedings involving an individual provider, purchaser, or 9.12 patient, or a specific activity or transaction, if the member 9.13 has a direct financial interest in the outcome of the 9.14 regionalcoordinating board'shealth care access council's 9.15 proceedings other than as an individual consumer of health care 9.16 services. A member with a direct financial interest may 9.17 participate in the proceedings, without voting, provided that 9.18 the member discloses any direct financial interest to the 9.19 regionalcoordinating boardhealth care access council at the 9.20 beginning of the proceedings. 9.21 Subd. 6. [TECHNICAL ASSISTANCE.] The commissioner shall 9.22 provide technical assistance to regionalcoordinating boards.9.23Technical assistance includes providing each regional board with9.24timely information concerning action plans, enrollment data, and9.25health care expenditures affecting the regional board's9.26regionhealth care access councils as appropriate. 9.27 Subd. 6a. [CONTRACTING.] The commissioner, at the request 9.28 of a regionalcoordinating boardhealth care access council, may 9.29 contract on behalf of theboardcouncil with an appropriate 9.30 regional organization to provide staff support to theboard9.31 council, in order to assist theboardcouncil in carrying out 9.32 the duties assigned in this section. 9.33 Subd. 7. [TERMS; COMPENSATION; REMOVAL; AND VACANCIES.] 9.34 Regional coordinating boards are governed by section 15.0575,9.35except that. Except for members listed in subdivision 2, 9.36 paragraph (f), members do not receive per diem payments. 10.1 Subd. 8. [REPEALER.] This section is repealed effective 10.2 July 1,20002005. 10.3 Sec. 2. Minnesota Statutes 1998, section 62J.69, is 10.4 amended by adding a subdivision to read: 10.5 Subd. 6. [FEDERAL FINANCIAL PARTICIPATION.] The 10.6 commissioner of human services shall seek to maximize federal 10.7 financial participation in payments for medical education and 10.8 research costs. If the commissioner of human services 10.9 determines that federal financial participation is available for 10.10 the medical education and research trust fund, the commissioner 10.11 of health shall transfer to the commissioner of human services 10.12 the amount of state funds necessary to maximize the federal 10.13 funds available. The amount transferred to the commissioner of 10.14 human services, plus the amount of federal financial 10.15 participation, shall be distributed to medical assistance 10.16 providers according to the distribution methodology of the 10.17 medical education and research trust fund established under this 10.18 section. 10.19 Sec. 3. [144.1201] [DEFINITIONS.] 10.20 Subdivision 1. [APPLICABILITY.] For purposes of sections 10.21 144.1201 to 144.1204, the terms defined in this section have the 10.22 meanings given to them. 10.23 Subd. 2. [BY-PRODUCT NUCLEAR MATERIAL.] "By-product 10.24 nuclear material" means a radioactive material, other than 10.25 special nuclear material, yielded in or made radioactive by 10.26 exposure to radiation created incident to the process of 10.27 producing or utilizing special nuclear material. 10.28 Subd. 3. [RADIATION.] "Radiation" means ionizing radiation 10.29 and includes alpha rays; beta rays; gamma rays; x-rays; high 10.30 energy neutrons, protons, or electrons; and other atomic 10.31 particles. 10.32 Subd. 4. [RADIOACTIVE MATERIAL.] "Radioactive material" 10.33 means a matter that emits radiation. Radioactive material 10.34 includes special nuclear material, source nuclear material, and 10.35 by-product nuclear material. 10.36 Subd. 5. [SOURCE NUCLEAR MATERIAL.] "Source nuclear 11.1 material" means uranium or thorium, or a combination thereof, in 11.2 any physical or chemical form; or ores that contain by weight 11.3 1/20 of one percent (0.05 percent) or more of uranium, thorium, 11.4 or a combination thereof. Source nuclear material does not 11.5 include special nuclear material. 11.6 Subd. 6. [SPECIAL NUCLEAR MATERIAL.] "Special nuclear 11.7 material" means: 11.8 (1) plutonium, uranium enriched in the isotope 233 or in 11.9 the isotope 235, and any other material that the Nuclear 11.10 Regulatory Commission determines to be special nuclear material 11.11 according to United States Code, title 42, section 2071, except 11.12 that source nuclear material is not included; and 11.13 (2) a material artificially enriched by any of the 11.14 materials listed in clause (1), except that source nuclear 11.15 material is not included. 11.16 Sec. 4. [144.1202] [UNITED STATES NUCLEAR REGULATORY 11.17 COMMISSION AGREEMENT.] 11.18 Subdivision 1. [AGREEMENT AUTHORIZED.] In order to have a 11.19 comprehensive program to protect the public from radiation 11.20 hazards, the governor, on behalf of the state, is authorized to 11.21 enter into agreements with the United States Nuclear Regulatory 11.22 Commission under the Atomic Energy Act of 1954, section 274b, as 11.23 amended. The agreement shall provide for the discontinuance of 11.24 portions of the Nuclear Regulatory Commission's licensing and 11.25 related regulatory authority over by-product, source, and 11.26 special nuclear materials, and the assumption of regulatory 11.27 authority over these materials by the state. 11.28 Subd. 2. [HEALTH DEPARTMENT DESIGNATED LEAD.] The 11.29 department of health is designated as the lead agency to pursue 11.30 an agreement on behalf of the governor and for any assumption of 11.31 specified licensing and regulatory authority from the Nuclear 11.32 Regulatory Commission under an agreement with the commission. 11.33 The commissioner of health shall establish an advisory group to 11.34 assist in preparing the state to meet the requirements for 11.35 reaching an agreement. The commissioner may adopt rules to 11.36 allow the state to assume regulatory authority under an 12.1 agreement under this section, including the licensing and 12.2 regulation of radioactive materials. Any regulatory authority 12.3 assumed by the state includes the ability to set and collect 12.4 fees. 12.5 Subd. 3. [TRANSITION.] A person who, on the effective date 12.6 of an agreement under this section, possesses a Nuclear 12.7 Regulatory Commission license that is subject to the agreement 12.8 is deemed to possess a similar license issued by the department 12.9 of health. A department of health license obtained under this 12.10 subdivision expires on the expiration date specified in the 12.11 federal license. 12.12 Subd. 4. [AGREEMENT; CONDITIONS OF IMPLEMENTATION.] (a) An 12.13 agreement entered into before August 2, 2002, must remain in 12.14 effect until terminated under the Atomic Energy Act of 1954, 12.15 United States Code, title 42, section 2021, paragraph (j). The 12.16 governor may not enter into an initial agreement with the 12.17 Nuclear Regulatory Commission after August 1, 2002. If an 12.18 agreement is not entered into by August 1, 2002, any rules 12.19 adopted under this section are repealed effective August 1, 2002. 12.20 (b) An agreement authorized under subdivision 1 must be 12.21 approved by law before it may be implemented. 12.22 Sec. 5. [144.1203] [TRAINING; RULEMAKING.] 12.23 The commissioner shall adopt rules to ensure that 12.24 individuals handling or utilizing radioactive materials under 12.25 the terms of a license issued by the commissioner under section 12.26 144.1202 have proper training and qualifications to do so. The 12.27 rules adopted must be at least as stringent as federal 12.28 regulations on proper training and qualifications adopted by the 12.29 Nuclear Regulatory Commission. Rules adopted under this section 12.30 may incorporate federal regulations by reference. 12.31 Sec. 6. [144.1204] [SURETY REQUIREMENTS.] 12.32 Subdivision 1. [FINANCIAL ASSURANCE REQUIRED.] The 12.33 commissioner may require an applicant for a license under 12.34 section 144.1202, or a person who was formerly licensed by the 12.35 Nuclear Regulatory Commission and is now subject to sections 12.36 144.1201 to 144.1204, to post financial assurances to ensure the 13.1 completion of all requirements established by the commissioner 13.2 for the decontamination, closure, decommissioning, and 13.3 reclamation of sites, structures, and equipment used in 13.4 conjunction with activities related to licensure. The financial 13.5 assurances posted must be sufficient to restore the site to 13.6 unrestricted future use and must be sufficient to provide for 13.7 surveillance and care when radioactive materials remain at the 13.8 site after the licensed activities cease. The commissioner may 13.9 establish financial assurance criteria by rule. In establishing 13.10 such criteria, the commissioner may consider: 13.11 (1) the chemical and physical form of the licensed 13.12 radioactive material; 13.13 (2) the quantity of radioactive material authorized; 13.14 (3) the particular radioisotopes authorized and their 13.15 subsequent radiotoxicity; 13.16 (4) the method in which the radioactive material is held, 13.17 used, stored, processed, transferred, or disposed of; and 13.18 (5) the potential costs of decontamination, treatment, or 13.19 disposal of a licensee's equipment and facilities. 13.20 Subd. 2. [ACCEPTABLE FINANCIAL ASSURANCES.] The 13.21 commissioner may, by rule, establish types of financial 13.22 assurances that meet the requirements of this section. Such 13.23 financial assurances may include bank letters of credit, 13.24 deposits of cash, or deposits of government securities. 13.25 Subd. 3. [TRUST AGREEMENTS.] Financial assurances must be 13.26 established together with trust agreements. Both the financial 13.27 assurances and the trust agreements must be in a form and 13.28 substance that meet requirements established by the commissioner. 13.29 Subd. 4. [EXEMPTIONS.] The commissioner is authorized to 13.30 exempt from the requirements of this section, by rule, any 13.31 category of licensee upon a determination by the commissioner 13.32 that an exemption does not result in a significant risk to the 13.33 public health or safety or to the environment and does not pose 13.34 a financial risk to the state. 13.35 Subd. 5. [OTHER REMEDIES UNAFFECTED.] Nothing in this 13.36 section relieves a licensee of a civil liability incurred, nor 14.1 may this section be construed to relieve the licensee of 14.2 obligations to prevent or mitigate the consequences of improper 14.3 handling or abandonment of radioactive materials. 14.4 Sec. 7. Minnesota Statutes 1998, section 144.9504, 14.5 subdivision 7, is amended to read: 14.6 Subd. 7. [RELOCATION OF RESIDENTS.] (a) Within the limits 14.7 of appropriations, the assessing agency shall ensure that 14.8 residents are relocated from rooms or dwellings during a lead 14.9 hazard reduction process that generates leaded dust, such as 14.10 removal or disruption of lead-based paint or plaster that 14.11 contains lead. Residents shall not remain in rooms or dwellings 14.12 where the lead hazard reduction process is occurring. An 14.13 assessing agency is not required to pay for relocation unless 14.14 state or federal funding is available for this purpose. The 14.15 assessing agency shall make an effort to assist the resident in 14.16 locating resources that will provide assistance with relocation 14.17 costs. Residents shall be allowed to return to the residence or 14.18 dwelling after completion of the lead hazard reduction process. 14.19 An assessing agency shall use grant fundsunder section 144.950714.20 if available, in cooperation with local housing agencies, to pay 14.21 for moving costs and rent for a temporary residence for any 14.22 low-income resident temporarily relocated during lead hazard 14.23 reduction. For purposes of this section, "low-income resident" 14.24 means any resident whose gross household income is at or below 14.25 185 percent of federal poverty level. 14.26 (b) A resident of rental property who is notified by an 14.27 assessing agency to vacate the premises during lead hazard 14.28 reduction, notwithstanding any rental agreement or lease 14.29 provisions: 14.30 (1) shall not be required to pay rent due the landlord for 14.31 the period of time the tenant vacates the premises due to lead 14.32 hazard reduction; 14.33 (2) may elect to immediately terminate the tenancy 14.34 effective on the date the tenant vacates the premises due to 14.35 lead hazard reduction; and 14.36 (3) shall not, if the tenancy is terminated, be liable for 15.1 any further rent or other charges due under the terms of the 15.2 tenancy. 15.3 (c) A landlord of rental property whose tenants vacate the 15.4 premises during lead hazard reduction shall: 15.5 (1) allow a tenant to return to the dwelling unit after 15.6 lead hazard reduction and clearance inspection, required under 15.7 this section, is completed, unless the tenant has elected to 15.8 terminate the tenancy as provided for in paragraph (b); and 15.9 (2) return any security deposit due under section 504.20 15.10 within five days of the date the tenant vacates the unit, to any 15.11 tenant who terminates tenancy as provided for in paragraph (b). 15.12 Sec. 8. Minnesota Statutes 1998, section 144.99, 15.13 subdivision 1, is amended to read: 15.14 Subdivision 1. [REMEDIES AVAILABLE.] The provisions of 15.15 chapters 103I and 157 and sections 115.71 to 115.77; 144.12, 15.16 subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), 15.17 (14), and (15); 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 15.18 144.381 to 144.385; 144.411 to 144.417; 144.495; 144.71 to 15.19 144.74; 144.9501 to 144.9509; 144.992; 326.37 to 326.45; 326.57 15.20 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all 15.21 rules, orders, stipulation agreements, settlements, compliance 15.22 agreements, licenses, registrations, certificates, and permits 15.23 adopted or issued by the department or under any other law now 15.24 in force or later enacted for the preservation of public health 15.25 may, in addition to provisions in other statutes, be enforced 15.26 under this section. 15.27 Sec. 9. Minnesota Statutes 1998, section 144.99, is 15.28 amended by adding a subdivision to read: 15.29 Subd. 11. [SECURING RADIOACTIVE MATERIALS.] (a) In the 15.30 event of an emergency that poses a danger to the public health, 15.31 the commissioner shall have the authority to impound radioactive 15.32 materials and the associated shielding in the possession of a 15.33 person who fails to abide by the provisions of the statutes, 15.34 rules, and any other item listed in subdivision 1. If 15.35 impounding the source of these materials is impractical, the 15.36 commissioner shall have the authority to lock or otherwise 16.1 secure a facility that contains the source of such materials, 16.2 but only the portions of the facility as is necessary to protect 16.3 the public health. An action taken under this paragraph is 16.4 effective for up to 72 hours. The commissioner must seek an 16.5 injunction or take other administrative action to secure 16.6 radioactive materials beyond the initial 72-hour period. 16.7 (b) The commissioner may release impounded radioactive 16.8 materials and the associated shielding to the owner of the 16.9 radioactive materials and associated shielding, upon terms and 16.10 conditions that are in accordance with the provisions of 16.11 statutes, rules, and other items listed in subdivision 1. In 16.12 the alternative, the commissioner may bring an action in a court 16.13 of competent jurisdiction for an order directing the disposal of 16.14 impounded radioactive materials and associated shielding or 16.15 directing other disposition as necessary to protect the public 16.16 health and safety and the environment. The costs of 16.17 decontamination, transportation, burial, disposal, or other 16.18 disposition shall be borne by the owner or licensee of the 16.19 radioactive materials and shielding or by any other person who 16.20 has used the radioactive materials and shielding for business 16.21 purposes. 16.22 Sec. 10. Minnesota Statutes 1998, section 148.5194, is 16.23 amended to read: 16.24 148.5194 [FEES.] 16.25 Subdivision 1. [FEE PRORATION.] The commissioner shall 16.26 prorate the registration fee for first time registrants 16.27 according to the number of months that have elapsed between the 16.28 date registration is issued and the date registration must be 16.29 renewed under section 148.5191, subdivision 4. 16.30 Subd. 2. [BIENNIAL REGISTRATION FEE.] The fee for initial 16.31 registration and biennial registration, temporary registration, 16.32 or renewal is$160$200. 16.33 Subd. 3. [BIENNIAL REGISTRATION FEE FOR DUAL REGISTRATION 16.34 AS A SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST.] The fee for 16.35 initial registration and biennial registration, temporary 16.36 registration, or renewal is$160$200. 17.1 Subd. 3a. [SURCHARGE FEE.] For a period of four years 17.2 following the effective date of this subdivision, an applicant 17.3 for registration or registration renewal must pay a surcharge 17.4 fee of $25 in addition to any other fees due upon registration 17.5 or registration renewal. 17.6 Subd. 4. [PENALTY FEE FOR LATE RENEWALS.] The penalty fee 17.7 for late submission of a renewal application is$15$45. 17.8 Subd. 5. [NONREFUNDABLE FEES.] All fees are nonrefundable. 17.9 Sec. 11. [REPEALER.] 17.10 (a) Minnesota Statutes 1998, sections 144.9507 and 17.11 144.9511, are repealed. 17.12 (b) Laws 1998, chapter 407, article 2, section 104, is 17.13 repealed.