1.1                          A bill for an act 
  1.2             relating to the organization of state government; 
  1.3             establishing an occupational regulatory coordinating 
  1.4             council to facilitate and coordinate the work of 
  1.5             executive branch agencies and boards charged with the 
  1.6             regulation of health-related and non-health-related 
  1.7             occupations; directing the commissioners of health and 
  1.8             commerce to develop detailed proposals for the 
  1.9             organization and operation of the council; 
  1.10            establishing two task forces; requiring a report to 
  1.11            the legislature; requiring a study of legislative 
  1.12            review of occupational regulation; appropriating 
  1.13            money; proposing coding for new law in Minnesota 
  1.14            Statutes, chapter 214. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  [214.38] [OCCUPATIONAL REGULATORY COORDINATING 
  1.17  COUNCIL.] 
  1.18     The occupational regulatory coordinating council consists 
  1.19  of members appointed by the commissioners of health and commerce 
  1.20  after consultation with the commissioner of human services and 
  1.21  the attorney general.  The council shall facilitate and 
  1.22  coordinate the work of executive branch agencies and boards 
  1.23  charged with the regulation of health-related and 
  1.24  non-health-related occupations.  It shall perform the duties and 
  1.25  have the powers prescribed by law.  The council may consist of 
  1.26  two or more subunits. 
  1.27     Sec. 2.  [INTERAGENCY TASK FORCE.] 
  1.28     Subdivision 1.  [APPOINTMENTS.] The commissioners of health 
  1.29  and commerce, after consultation with the commissioner of human 
  1.30  services, the attorney general, and the entities listed in 
  2.1   subdivision 2, shall appoint an interagency task force to 
  2.2   develop detailed proposals for the organization, membership, 
  2.3   duties, powers, financing, and operation of the council 
  2.4   established by Minnesota Statutes, section 214.38.  The 
  2.5   commissioners of health and commerce shall determine the 
  2.6   membership of the task force, and the commissioners, or their 
  2.7   designees, shall serve as its cochairs.  The task force must 
  2.8   consist of two committees, one chaired by the commissioner of 
  2.9   commerce, or the commissioner's designee, and dealing with 
  2.10  non-health-related occupations, and the other chaired by the 
  2.11  commissioner of health, or the commissioner's designee, and 
  2.12  dealing with health-related occupations.  Each committee may 
  2.13  appoint advisory subcommittees.  The task force expires June 30, 
  2.14  1999. 
  2.15     Subd. 2.  [ADDITIONAL CONSULTATION.] In appointing the task 
  2.16  force, the commissioners of health and commerce shall also 
  2.17  consult with existing state executive branch occupational 
  2.18  regulatory agencies and boards, occupations currently regulated, 
  2.19  occupations seeking state regulation, health care providers, and 
  2.20  organizations representing consumers.  Representatives of 
  2.21  entities listed in this subdivision may be appointed to the task 
  2.22  force or to advisory subcommittees. 
  2.23     Subd. 3.  [DUTIES.] Each task force committee, addressing 
  2.24  occupations within its jurisdiction, shall consider how the 
  2.25  permanent council established by Minnesota Statutes, section 
  2.26  214.38, can best provide coordination and oversight of state 
  2.27  occupational regulation and make recommendations to the 
  2.28  legislature regarding improvements in the existing regulatory 
  2.29  system.  In identifying the duties of the permanent council, 
  2.30  each task force committee shall consider, at a minimum, those 
  2.31  listed in section 3.  If a committee and, subsequently, the task 
  2.32  force concludes that a duty listed in section 3 should be 
  2.33  omitted or modified, the report required by this subdivision 
  2.34  must include the reasons for the proposed omission or 
  2.35  modification.  Each committee shall complete its work by 
  2.36  December 1, 1998.  The commissioners of health and commerce 
  3.1   shall then coordinate the findings and recommendations of each 
  3.2   committee.  The commissioners may modify committee findings and 
  3.3   recommendations to avoid conflicts and assure consistency in the 
  3.4   regulation and oversight of health-related and 
  3.5   non-health-related occupations.  The committees shall review any 
  3.6   modifications and adopt the findings and recommendations of the 
  3.7   task force as a whole.  The commissioners shall submit those 
  3.8   findings and recommendations to the legislature by January 5, 
  3.9   1999. 
  3.10     Sec. 3.  [INTERAGENCY TASK FORCE; MINIMUM DUTIES.] 
  3.11     The interagency task force and committees established by 
  3.12  section 2 shall consider, at a minimum: 
  3.13     (1) establishing and maintaining a systematic method of 
  3.14  reviewing and evaluating requests for new occupational 
  3.15  regulation; 
  3.16     (2) advising the legislature regarding requests for new 
  3.17  regulation, identifying the need for regulation, the appropriate 
  3.18  level of any needed regulation, and the appropriate regulatory 
  3.19  body; 
  3.20     (3) giving ongoing consideration to the organization and 
  3.21  structure of occupational regulation in Minnesota and 
  3.22  recommending to the legislature any changes that the council may 
  3.23  from time to time identify as desirable; and 
  3.24     (4) reviewing the application of Minnesota Statutes, 
  3.25  chapter 13, to the occupational regulatory and enforcement 
  3.26  system and, in consultation with the commissioner of 
  3.27  administration, recommending to the legislature any changes that 
  3.28  the council may identify as being desirable. 
  3.29     Sec. 4.  [LEGISLATIVE INTENT.] 
  3.30     It is the intention of the legislature not to consider or 
  3.31  enact occupational regulation legislation during the 1998 
  3.32  session unless the legislature finds that specific legislation 
  3.33  would be in the best interests of the state and its citizens.  
  3.34  For purposes of this section, "occupational regulation" means 
  3.35  the extension of state regulation to a new occupation, the 
  3.36  modification of any existing regulation of an occupation except 
  4.1   to clarify existing language or to improve regulatory efficiency 
  4.2   or effectiveness, a change in the mode of regulation or in the 
  4.3   scope of practice of a regulated occupation, or the 
  4.4   establishment of a new regulatory body or advisory body. 
  4.5      Sec. 5.  [STUDY.] 
  4.6      The legislative coordinating commission must study the 
  4.7   current system for executive and legislative review of 
  4.8   occupational regulation proposals and must make recommendations 
  4.9   for any changes needed to ensure:  (1) effective executive and 
  4.10  legislative review of proposed and existing occupational 
  4.11  regulation; and (2) compliance with policies in Minnesota 
  4.12  Statutes, section 214.001.  The study must be done using 
  4.13  existing legislative staff.  The commission shall report to the 
  4.14  legislature by January 15, 1999. 
  4.15     Sec. 6.  [APPROPRIATION.] 
  4.16     $50,000 is appropriated to the commissioner of commerce and 
  4.17  $50,000 is appropriated to the commissioner of health to 
  4.18  implement section 2.  The license fees of currently licensed 
  4.19  occupations shall not be used to fund the permanent or temporary 
  4.20  council activities. 
  4.21     Sec. 7.  [EFFECTIVE DATES.] 
  4.22     Section 1 is effective July 1, 1999.  Sections 2 to 6 are 
  4.23  effective the day following final enactment.