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HF 3657

as introduced - 86th Legislature (2009 - 2010) Posted on 03/15/2010 09:41am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; establishing a long-term care liaison office in the
Department of Health; establishing duties; requiring state agency cooperation;
appropriating money; amending Minnesota Statutes 2008, sections 16A.06, by
adding a subdivision; 45.012; 174.23, by adding a subdivision; 175.17; 256.01,
by adding a subdivision; 270C.02, by adding a subdivision; 299A.01, subdivision
2; 462A.07, by adding a subdivision; Minnesota Statutes 2009 Supplement,
section 116J.401, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 144A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 16A.06, is amended by adding a
subdivision to read:


new text begin Subd. 12. new text end

new text begin Cooperation with the long-term care liaison office. new text end

new text begin The commissioner
of management and budget shall cooperate with the long-term care liaison office
established in section 144A.1889.
new text end

Sec. 2.

Minnesota Statutes 2008, section 45.012, is amended to read:


45.012 COMMISSIONER.

(a) The Department of Commerce is under the supervision and control of the
commissioner of commerce. The commissioner is appointed by the governor in the
manner provided by section 15.06.

(b) Data that is received by the commissioner or the commissioner's designee by
virtue of membership or participation in an association, group, or organization that is
not otherwise subject to chapter 13 is confidential or protected nonpublic data but may
be shared with the department employees as the commissioner considers appropriate.
The commissioner may release the data to any person, agency, or the public if the
commissioner determines that the access will aid the law enforcement process, promote
public health or safety, or dispel widespread rumor or unrest.

(c) It is part of the department's mission that within the department's resources the
commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;

(3) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;

(6) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; deleted text begin anddeleted text end

(7) recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the departmentnew text begin ; and
new text end

new text begin (8) cooperate with the long-term care liaison office established in section 144A.1889new text end .

(d) The commissioner also has all the powers and responsibilities and shall
perform all the duties previously assigned to the commissioner of public service and
the Department of Public Service under chapters 216, 216A, 216B, 216C, 237, 238,
239, and other statutes prior to the date of final enactment of Laws 2001, First Special
Session chapter 4, except in the case where those powers, responsibilities, or duties have
been specifically otherwise assigned by law.

Sec. 3.

Minnesota Statutes 2009 Supplement, section 116J.401, subdivision 2, is
amended to read:


Subd. 2.

Duties; authorizations; limitations.

(a) The commissioner of employment
and economic development shall:

(1) provide regional development commissions, the Metropolitan Council, and
units of local government with information, technical assistance, training, and advice on
using federal and state programs;

(2) receive and administer the Small Cities Community Development Block Grant
Program authorized by Congress under the Housing and Community Development Act of
1974, as amended;

(3) receive and administer the section 107 technical assistance program grants
authorized by Congress under the Housing and Community Development Act of 1974, as
amended;

(4) receive, administer, and supervise other state and federal grants and grant
programs for planning, community affairs, community development purposes,
employment and training services, and other state and federal programs assigned to the
department by law or by the governor in accordance with section 4.07;

(5) receive applications for state and federal grants and grant programs for planning,
community affairs, and community development purposes, and other state and federal
programs assigned to the department by law or by the governor in accordance with section
4.07;

(6) act as the agent of, and cooperate with, the federal government in matters of
mutual concern, including the administration of any federal funds granted to the state to
aid in the performance of functions of the commissioner;

(7) provide consistent, integrated employment and training services across the state;

(8) administer the Wagner-Peyser Act, the Workforce Investment Act, and other
federal employment and training programs;

(9) establish the standards for all employment and training services administered
under this chapter and chapters 116L, 248, 268, and 268A;

(10) administer the aspects of the Minnesota family investment program, general
assistance, and food stamps that relate to employment and training services, subject to the
contract under section 116L.86, subdivision 1;

(11) obtain reports from local service units and service providers for the purpose of
evaluating the performance of employment and training services;

(12) as requested, certify employment and training services, and decertify services
that fail to comply with performance criteria according to standards established by the
commissioner;

(13) develop standards for the contents and structure of the local service unit plans
and plans for Indian tribe employment and training services, review and comment on those
plans, and approve or disapprove the plans;

(14) supervise the county boards of commissioners, local service units, and any other
units of government designated in federal or state law as responsible for employment and
training programs;

(15) establish administrative standards and payment conditions for providers of
employment and training services;

(16) enter into agreements with Indian tribes as necessary to provide employment
and training services as appropriate funds become available;

(17) cooperate with the federal government and its employment and training
agencies in any reasonable manner as necessary to qualify for federal aid for employment
and training services and money;

(18) administer and supervise all forms of unemployment insurance provided for
under federal and state laws;

(19) provide current state and substate labor market information and forecasts, in
cooperation with other agencies;

(20) require all general employment and training programs that receive state funds
to make available information about opportunities for women in nontraditional careers
in the trades and technical occupations;

(21) consult with the Rehabilitation Council for the Blind on matters pertaining to
programs and services for the blind and visually impaired;

(22) enter into agreements with other departments of the state and local units of
government as necessary;

(23) establish and maintain administrative units necessary to perform administrative
functions common to all divisions of the department;

(24) investigate, study, and undertake ways and means of promoting and encouraging
the prosperous development and protection of the legitimate interest and welfare of
Minnesota business, industry, and commerce, within and outside the state;

(25) locate markets for manufacturers and processors and aid merchants in locating
and contacting markets;

(26) as necessary or useful for the proper execution of the powers and duties of the
commissioner in promoting and developing Minnesota business, industry, and commerce,
both within and outside the state, investigate and study conditions affecting Minnesota
business, industry, and commerce; collect and disseminate information; and engage in
technical studies, scientific investigations, statistical research, and educational activities;

(27) plan and develop an effective business information service both for the direct
assistance of business and industry of the state and for the encouragement of business and
industry outside the state to use economic facilities within the state;

(28) compile, collect, and develop periodically, or otherwise make available,
information relating to current business conditions;

(29) conduct or encourage research designed to further new and more extensive uses
of the natural and other resources of the state and designed to develop new products
and industrial processes;

(30) study trends and developments in the industries of the state and analyze the
reasons underlying the trends;

(31) study costs and other factors affecting successful operation of businesses within
the state;

(32) make recommendations regarding circumstances promoting or hampering
business and industrial development;

(33) serve as a clearing house for business and industrial problems of the state;

(34) advise small business enterprises regarding improved methods of accounting
and bookkeeping;

(35) cooperate with interstate commissions engaged in formulating and promoting
the adoption of interstate compacts and agreements helpful to business, industry, and
commerce;

(36) cooperate with other state departments and with boards, commissions, and
other state agencies in the preparation and coordination of plans and policies for the
development of the state and for the use and conservation of its resources insofar as the
use, conservation, and development may be appropriately directed or influenced by a
state agency;

(37) in connection with state, county, and municipal public works projects, assemble
and coordinate information relative to the status, scope, cost, and employment possibilities
and availability of materials, equipment, and labor, and recommend limitations on the
public works;

(38) gather current progress information with reference to public and private
works projects of the state and its political subdivisions with reference to conditions of
employment;

(39) inquire into and report to the governor, when requested by the governor, with
respect to any program of public state improvements and its financing; and request
and obtain information from other state departments or agencies as may be needed for
the report;

(40) study changes in population and current trends and prepare plans and suggest
policies for the development and conservation of the resources of the state;

(41) confer and cooperate with the executive, legislative, or planning authorities of
the United States, neighboring states and provinces, and the counties and municipalities
of neighboring states, for the purpose of bringing about a coordination between the
development of neighboring provinces, states, counties, and municipalities and the
development of this state;

(42) generally gather, compile, and make available statistical information relating to
business, trade, commerce, industry, transportation, communication, natural resources,
and other like subjects in this state, with authority to call upon other state departments for
statistical data and results obtained by them and to arrange and compile that statistical
information in a reasonable manner;

(43) publish documents and annually convene regional meetings to inform
businesses, local government units, assistance providers, and other interested persons of
changes in state and federal law related to economic development;

(44) annually convene conferences of providers of economic development-related
financial and technical assistance for the purposes of exchanging information on economic
development assistance, coordinating economic development activities, and formulating
economic development strategies;

(45) provide business with information on the economic benefits of energy
conservation and on the availability of energy conservation assistance;

(46) as part of the biennial budget process, prepare performance measures for each
business loan or grant program within the jurisdiction of the commissioner. Measures
include source of funds for each program, number of jobs proposed or promised at the
time of application and the number of jobs created, estimated number of jobs retained, the
average salary and benefits for the jobs resulting from the program, and the number of
projects approved;

(47) provide a continuous program of education for business people;

(48) publish, disseminate, and distribute information and statistics;

(49) promote and encourage the expansion and development of markets for
Minnesota products;

(50) promote and encourage the location and development of new businesses in the
state as well as the maintenance and expansion of existing businesses and for that purpose
cooperate with state and local agencies and individuals, both within and outside the state;

(51) advertise and disseminate information as to natural resources, desirable
locations, and other advantages for the purpose of attracting businesses to locate in this
state;

(52) aid the various communities in this state in attracting business to their
communities;

(53) advise and cooperate with municipal, county, regional, and other planning
agencies and planning groups within the state for the purpose of promoting coordination
between the state and localities as to plans and development in order to maintain a high
level of gainful employment in private profitable production and achieve commensurate
advancement in social and cultural welfare;

(54) coordinate the activities of statewide and local planning agencies, correlate
information secured from them and from state departments and disseminate information
and suggestions to the planning agencies;

(55) encourage and assist in the organization and functioning of local planning
agencies where none exist; deleted text begin and
deleted text end

(56) adopt measures calculated to promote public interest in and understanding of
the problems of planning and, to that end, may publish and distribute copies of any plan
or any report and may employ other means of publicity and education that will give full
effect to the provisions of sections 116J.58 to 116J.63new text begin ; and
new text end

new text begin (57) cooperate with the long-term care liaison office established in section
144A.1889
new text end .

(b) At the request of any governmental subdivision in paragraph (a), clause (53),
the commissioner may provide planning assistance, which includes but is not limited to
surveys, land use studies, urban renewal plans, technical services and other planning work
to any city or other municipality in the state or perform similar planning work in any
county or metropolitan or regional area in the state. The commissioner must not perform
the planning work with respect to a metropolitan or regional area which is under the
jurisdiction for planning purposes of a county, metropolitan, regional, or joint planning
body, except at the request or with the consent of the respective county, metropolitan,
regional, or joint planning body.

(c) The commissioner is authorized to:

(1) receive and expend money from municipal, county, regional, and other planning
agencies;

(2) accept and disburse grants and other aids for planning purposes from the federal
government and from other public or private sources;

(3) utilize money received under clause (2) for the employment of consultants and
other temporary personnel to assist in the supervision or performance of planning work
supported by money other than state-appropriated money;

(4) enter into contracts with agencies of the federal government, units of local
government or combinations thereof, and with private persons that are necessary in the
performance of the planning assistance function of the commissioner; and

(5) assist any local government unit in filling out application forms for the federal
grants-in-aid.

(d) In furtherance of its planning functions, any city or town, however organized,
may expend money and contract with agencies of the federal government, appropriate
departments of state government, other local units of government, and with private
persons.

Sec. 4.

new text begin [144A.1889] LONG-TERM CARE LIAISON OFFICE.
new text end

new text begin (a) The commissioner shall establish a long-term care liaison office to assist nursing
homes licensed under this chapter, assisted living services providers, and housing with
services establishments registered under chapter 144D in resolving issues related to their
interactions with state agencies. This assistance shall include, but not be limited to,
matters related to licensure, reimbursement, employee relations, insurance, and housing.
new text end

new text begin (b) The liaison office shall publicize:
new text end

new text begin (1) a Web site and telephone number long-term care services providers may use to
contact the office for assistance; and
new text end

new text begin (2) the services available to long-term care services providers.
new text end

new text begin (c) The liaison office shall not charge for its services.
new text end

new text begin (d) The liaison office shall develop proposals for policy and procedural changes to
streamline state agency involvement with long-term care providers. The commissioner
may include these proposals in the department's annual budget and policy proposals to
the legislature.
new text end

Sec. 5.

Minnesota Statutes 2008, section 174.23, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Cooperation with the long-term care liaison office. new text end

new text begin The commissioner
of transportation shall cooperate with the long-term care liaison office established in
section 144A.1889.
new text end

Sec. 6.

Minnesota Statutes 2008, section 175.17, is amended to read:


175.17 POWERS AND DUTIES, COMMISSIONER OF DEPARTMENT OF
LABOR AND INDUSTRY.

(a) The commissioner shall administer the laws relating to workers' compensation
and the laws governing employees of the state, a county, or other governmental
subdivisions who contract tuberculosis;

(b) The commissioner shall adopt reasonable and proper rules governing rules of
practice before the Workers' Compensation Division in matters which are not before a
compensation judge;

(c) The commissioner shall collect, collate, and publish statistical and other
information relating to work under the department's jurisdiction and make public reports
the commissioner judges necessary, including such other reports as may be required by
law;

(d) The commissioner shall establish and maintain branch offices as needed for the
conduct of the affairs of the Workers' Compensation Division;

(e) The commissioner may:

(1) apply for, receive, and spend money received from federal, municipal, county,
regional, and other government agencies and private sources; and

(2) apply for, accept, and disburse grants and other aids from public and private
sources.

new text begin (f) The commissioner shall cooperate with the long-term care liaison office
established in section 144A.1889.
new text end

Sec. 7.

Minnesota Statutes 2008, section 256.01, is amended by adding a subdivision
to read:


new text begin Subd. 30. new text end

new text begin Cooperation with long-term care liaison office. new text end

new text begin The commissioner
of human services shall cooperate with the long-term care liaison office established in
section 144A.1889.
new text end

Sec. 8.

Minnesota Statutes 2008, section 270C.02, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Cooperation with the long-term care liaison office. new text end

new text begin The commissioner
of revenue shall cooperate with the long-term care liaison office established in section
144A.1889.
new text end

Sec. 9.

Minnesota Statutes 2008, section 299A.01, subdivision 2, is amended to read:


Subd. 2.

Duties of commissioner.

The duties of the commissioner shall include
the following:

(1) the coordination, development and maintenance of services contracts with
existing state departments and agencies assuring the efficient and economic use of
advanced business machinery including computers;

(2) the execution of contracts and agreements with existing state departments for
the maintenance and servicing of vehicles and communications equipment, and the use
of related buildings and grounds;

(3) the development of integrated fiscal services for all divisions, and the preparation
of an integrated budget for the department;

(4) the publication and award of grant contracts with state agencies, local units of
government, and other entities for programs that will benefit the safety of the public; deleted text begin and
deleted text end

(5) the establishment of a planning bureau within the departmentnew text begin ; and
new text end

new text begin (6) cooperation with the long-term care liaison office established in section
144A.1889
new text end .

Sec. 10.

Minnesota Statutes 2008, section 462A.07, is amended by adding a
subdivision to read:


new text begin Subd. 17. new text end

new text begin Cooperation with the long-term care liaison office. new text end

new text begin The office shall
cooperate with the long-term care liaison office established in section 144A.1889.
new text end

Sec. 11. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund in fiscal year 2011 to the commissioner
of health for the purposes of section 4.
new text end