1.1                          A bill for an act
  1.2             relating to state government; repealing certain broad 
  1.3             delegations of rulemaking authority; amending 
  1.4             Minnesota Statutes 1998, sections 10A.02, subdivision 
  1.5             13; 84.03; 103B.101, subdivision 7; 115B.28, 
  1.6             subdivision 1; 147.01, subdivision 3; 148.05; 148.191, 
  1.7             subdivision 2; 148.53; 148B.20, subdivision 1; 
  1.8             148B.31; 150A.04, subdivision 5; 151.06, subdivision 
  1.9             1; 153.02; 154.24; 156.01, subdivision 3; 175.171; 
  1.10            179A.04, subdivision 3; 216B.08; 256.975, subdivision 
  1.11            2; 268.0122, subdivision 5; 270.06; 299J.04, 
  1.12            subdivision 1; 299K.03, subdivision 5; 326.06; 
  1.13            326.241, subdivision 2; 352.03, subdivision 4; 363.05, 
  1.14            subdivision 1; 401.03; 611A.33; and 626.843, 
  1.15            subdivision 1; repealing Minnesota Statutes 1998, 
  1.16            sections 16B.04, subdivision 1; 18.022, subdivision 8; 
  1.17            18C.121, subdivision 1; 21.118; 21.85, subdivision 11; 
  1.18            41A.04, subdivision 4; 45.023; 116J.035, subdivision 
  1.19            2; 148.08, subdivision 3; 182.657; 216A.07, 
  1.20            subdivision 5; 216C.02, subdivision 3; 223.19; 239.06; 
  1.21            268.021; 326.18, subdivision 3; and 462A.06. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 1998, section 10A.02, 
  1.24  subdivision 13, is amended to read: 
  1.25     Subd. 13.  The provisions of chapter 14 apply to the 
  1.26  board.  The board may adopt rules to carry out the purposes of 
  1.27  this chapter. 
  1.28     Sec. 2.  Minnesota Statutes 1998, section 84.03, is amended 
  1.29  to read: 
  1.30     84.03 [ADDITIONAL DUTIES AND POWERS.] 
  1.31     So far as practicable the commissioner shall collect and 
  1.32  arrange statistics and other information in reference to the 
  1.33  lands and general and special resources of the state.  
  2.1      The commissioner is hereby authorized and empowered to take 
  2.2   such measures as the commissioner may deem advisable to 
  2.3   advertise, both within and without the state, sales of all state 
  2.4   lands, and to secure, compile, and issue such valuable 
  2.5   statistics of the resources of the state.  
  2.6      The commissioner may adopt and promulgate reasonable rules, 
  2.7   not inconsistent with law, governing the charge a reasonable fee 
  2.8   for use and enjoyment of state land reserved from sale, state 
  2.9   parks, state water access sites, state trails, state monuments, 
  2.10  state scientific and natural areas, state wilderness areas, and 
  2.11  recreational areas owned by other state, local and federal 
  2.12  agencies and operated under agreement by the department of 
  2.13  natural resources, which shall have the force and effect of 
  2.14  law.  A reasonable fee may be fixed, charged, and collected by 
  2.15  the commissioner for the privilege of the use of any or all of 
  2.16  the foregoing privileges and facilities.  
  2.17     The commissioner, on or before November 15 of each even 
  2.18  numbered year, shall report to the legislature the 
  2.19  commissioner's acts and doings, with recommendation for the 
  2.20  improvement or conservation of state parks, state water access 
  2.21  sites, state trails, and state monuments, state scientific and 
  2.22  natural areas, state forests, state wildlife management areas, 
  2.23  public hunting grounds, public shooting grounds, food and cover 
  2.24  planting areas, wildlife lands, recreational or public hunting 
  2.25  areas, state wild and scenic rivers, state wilderness areas, and 
  2.26  all other recreational lands under the jurisdiction of the 
  2.27  department of natural resources, and for desirable accessions 
  2.28  thereto, such report to include an inventory of the tracts and 
  2.29  parcels of land, and rights, interests, and easements therein, 
  2.30  held by the state or withdrawn from sale for any of these 
  2.31  purposes, with the value thereof, and a list of the name, 
  2.32  location, size, and description of each state trail, state 
  2.33  scientific and natural area, state wildlife management area, 
  2.34  state water access site, and state wild, scenic, or recreational 
  2.35  river designated by the commissioner, and each public hunting 
  2.36  grounds, public shooting grounds, food and cover planting area, 
  3.1   wildlife lands, and recreational or public hunting area acquired 
  3.2   by the commissioner since the last report.  The commissioner 
  3.3   shall maintain a long range plan governing the use of the public 
  3.4   domain under the commissioner's jurisdiction.  
  3.5      Sec. 3.  Minnesota Statutes 1998, section 103B.101, 
  3.6   subdivision 7, is amended to read: 
  3.7      Subd. 7.  [HEARINGS AND RULEMAKING.] The board may hold 
  3.8   public hearings and adopt rules necessary to execute its duties. 
  3.9      Sec. 4.  Minnesota Statutes 1998, section 115B.28, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [DUTIES.] In addition to performing duties 
  3.12  specified in sections 115B.25 to 115B.37 or in other law, and 
  3.13  subject to the limitations on disclosure contained in section 
  3.14  115B.35, the board shall: 
  3.15     (1) adopt rules as soon as practicable after all members 
  3.16  are appointed, including rules governing practice and procedure 
  3.17  before the board, the form and procedure for applications for 
  3.18  compensation, and procedures for claims investigations; 
  3.19     (2) publicize the availability of compensation and 
  3.20  application procedures on a statewide basis with special 
  3.21  emphasis on geographical areas surrounding sites identified by 
  3.22  the pollution control agency as having releases from a facility 
  3.23  where a harmful substance was placed or came to be located prior 
  3.24  to July 1, 1983; 
  3.25     (3) (2) collect, analyze, and make available to the public, 
  3.26  in consultation with the department of health, the pollution 
  3.27  control agency, the University of Minnesota medical and public 
  3.28  health schools, and the medical community, data regarding 
  3.29  injuries relating to exposure to harmful substances; and 
  3.30     (4) (3) prepare and transmit by December 31 of each year to 
  3.31  the governor and the legislature an annual report to include (a) 
  3.32  a summary of board activity under clause (3) (2); (b) data 
  3.33  determined by the board from actual cases, including but not 
  3.34  limited to number of cases, actual compensation received by each 
  3.35  claimant, types of cases, and types of injuries compensated, as 
  3.36  they relate to types of harmful substances as well as length of 
  4.1   exposure, but excluding identification of the claimants; (c) all 
  4.2   administrative costs associated with the business of the board; 
  4.3   and (d) board recommendations for legislative changes, further 
  4.4   study, or any other recommendation aimed at improving the system 
  4.5   of compensation. 
  4.6      Sec. 5.  Minnesota Statutes 1998, section 147.01, 
  4.7   subdivision 3, is amended to read: 
  4.8      Subd. 3.  [BOARD ADMINISTRATION.] The board shall elect 
  4.9   from among its number a president, a vice-president, and a 
  4.10  secretary-treasurer, who shall each serve for one year, or until 
  4.11  a successor is elected and qualifies.  The board shall have 
  4.12  authority to adopt rules as may be found necessary to carry out 
  4.13  the purposes of this chapter.  The members of the board shall 
  4.14  have authority to administer oaths and the board, in session, to 
  4.15  take testimony as to matters pertaining to the duties of the 
  4.16  board.  Nine members of the board shall constitute a quorum for 
  4.17  the transaction of business.  The board shall have a common 
  4.18  seal, which shall be kept by the executive director, whose duty 
  4.19  it shall be to keep a record of all proceedings of the board, 
  4.20  including a register of all applicants for license under this 
  4.21  chapter, giving their names, addresses, ages, educational 
  4.22  qualifications, and the result of their examination.  These 
  4.23  books and registers shall be prima facie evidence of all the 
  4.24  matters therein recorded.  
  4.25     Sec. 6.  Minnesota Statutes 1998, section 148.05, is 
  4.26  amended to read: 
  4.27     148.05 [LICENSE AND FEE.] 
  4.28     At its first meeting the state board of chiropractic 
  4.29  examiners shall issue to each member a license to practice 
  4.30  chiropractic, for which the member shall pay a fee set by the 
  4.31  board.  The board shall have a common seal and promulgate rules 
  4.32  to govern its actions. 
  4.33     Sec. 7.  Minnesota Statutes 1998, section 148.191, 
  4.34  subdivision 2, is amended to read: 
  4.35     Subd. 2.  [POWERS.] (a) The board is authorized to adopt 
  4.36  and, from time to time, revise rules not inconsistent with the 
  5.1   law, as may be necessary to enable it to carry into effect the 
  5.2   provisions of sections 148.171 to 148.285.  The board shall 
  5.3   prescribe by rule curricula and standards for schools and 
  5.4   courses preparing persons for licensure under sections 148.171 
  5.5   to 148.285.  It shall conduct or provide for surveys of such 
  5.6   schools and courses at such times as it may deem necessary.  It 
  5.7   shall approve such schools and courses as meet the requirements 
  5.8   of sections 148.171 to 148.285 and board rules.  It shall 
  5.9   examine, license, and renew the license of duly qualified 
  5.10  applicants.  It shall hold examinations at least once in each 
  5.11  year at such time and place as it may determine.  It shall by 
  5.12  rule adopt, evaluate, and periodically revise, as necessary, 
  5.13  requirements for licensure and for registration and renewal of 
  5.14  registration as defined in section 148.231.  It shall cause the 
  5.15  prosecution of all persons violating sections 148.171 to 148.285 
  5.16  and have power to incur such necessary expense therefor.  It 
  5.17  shall register public health nurses who meet educational and 
  5.18  other requirements established by the board by rule, including 
  5.19  payment of a fee.  Prior to the adoption of rules, the board 
  5.20  shall use the same procedures used by the department of health 
  5.21  to certify public health nurses.  It shall have power to issue 
  5.22  subpoenas, and to compel the attendance of witnesses and the 
  5.23  production of all necessary documents and other evidentiary 
  5.24  material.  Any board member may administer oaths to witnesses, 
  5.25  or take their affirmation.  It shall keep a record of all its 
  5.26  proceedings.  
  5.27     (b) The board shall have access to hospital, nursing home, 
  5.28  and other medical records of a patient cared for by a nurse 
  5.29  under review.  If the board does not have a written consent from 
  5.30  a patient permitting access to the patient's records, the nurse 
  5.31  or facility shall delete any data in the record that identifies 
  5.32  the patient before providing it to the board.  The board shall 
  5.33  have access to such other records as reasonably requested by the 
  5.34  board to assist the board in its investigation.  Nothing herein 
  5.35  may be construed to allow access to any records protected by 
  5.36  section 145.64.  The board shall maintain any records obtained 
  6.1   pursuant to this paragraph as investigative data under chapter 
  6.2   13. 
  6.3      Sec. 8.  Minnesota Statutes 1998, section 148.53, is 
  6.4   amended to read: 
  6.5      148.53 [POWERS OF BOARD.] 
  6.6      The state board of optometry shall have the power to make 
  6.7   any rules and to do any and all things not inconsistent with law 
  6.8   which it may deem necessary or expedient for the effective 
  6.9   enforcement of sections 148.52 to 148.62 or for the full and 
  6.10  efficient performance of its duties thereunder. 
  6.11     Sec. 9.  Minnesota Statutes 1998, section 148B.20, 
  6.12  subdivision 1, is amended to read: 
  6.13     Subdivision 1.  [GENERAL.] The board of social work shall: 
  6.14     (a) Adopt and enforce rules for licensure of social workers 
  6.15  and for regulation of their professional conduct.  The rules 
  6.16  must be designed to protect the public. 
  6.17     (b) Adopt rules establishing standards and methods of 
  6.18  determining whether applicants and licensees are qualified under 
  6.19  sections 148B.21 to 148B.24.  The rules must make provision for 
  6.20  examinations and must establish standards for professional 
  6.21  conduct, including adoption of a code of professional ethics and 
  6.22  requirements for continuing education. 
  6.23     (c) (b) Hold examinations at least twice a year to assess 
  6.24  applicants' knowledge and skills.  The examinations may be 
  6.25  written or oral and may be administered by the board or by a 
  6.26  body designated by the board.  Examinations must test the 
  6.27  knowledge and skills of each of the four groups of social 
  6.28  workers qualified under section 148B.21 to practice social work. 
  6.29  Examinations must minimize cultural bias and must be balanced in 
  6.30  theory. 
  6.31     (d) (c) Issue licenses to individuals qualified under 
  6.32  sections 148B.18 to 148B.24.  
  6.33     (e) (d) Issue copies of the rules for licensure to all 
  6.34  applicants. 
  6.35     (f) (e) Establish and implement procedures, including a 
  6.36  standard disciplinary process, to ensure that individuals 
  7.1   licensed as social workers will comply with the board's rules. 
  7.2      (g) (f) Establish, maintain, and publish annually a 
  7.3   register of current licensees. 
  7.4      (h) (g) Educate the public about the existence and content 
  7.5   of the rules for social work licensing to enable consumers to 
  7.6   file complaints against licensees who may have violated the 
  7.7   rules. 
  7.8      (i) (h) Evaluate its rules in order to refine the standards 
  7.9   for licensing social workers and to improve the methods used to 
  7.10  enforce the board's standards. 
  7.11     Sec. 10.  Minnesota Statutes 1998, section 148B.31, is 
  7.12  amended to read: 
  7.13     148B.31 [DUTIES OF THE BOARD.] 
  7.14     The board shall: 
  7.15     (1) adopt and enforce rules for marriage and family therapy 
  7.16  licensing, which shall be designed to protect the public; 
  7.17     (2) develop by rule appropriate techniques, including 
  7.18  examinations and other methods, for determining whether 
  7.19  applicants and licensees are qualified under sections 148B.29 to 
  7.20  148B.39; 
  7.21     (3) (2) issue licenses to individuals who are qualified 
  7.22  under sections 148B.29 to 148B.39; 
  7.23     (4) (3) establish and implement procedures designed to 
  7.24  assure that licensed marriage and family therapists will comply 
  7.25  with the board's rules; 
  7.26     (5) (4) study and investigate the practice of marriage and 
  7.27  family therapy within the state in order to improve the 
  7.28  standards imposed for the licensing of marriage and family 
  7.29  therapists and to improve the procedures and methods used for 
  7.30  enforcement of the board's standards; 
  7.31     (6) (5) formulate and implement a code of ethics for all 
  7.32  licensed marriage and family therapists; and 
  7.33     (7) (6) establish continuing education requirements for 
  7.34  marriage and family therapists. 
  7.35     Sec. 11.  Minnesota Statutes 1998, section 150A.04, 
  7.36  subdivision 5, is amended to read: 
  8.1      Subd. 5.  [RULES.] The board may promulgate rules as are 
  8.2   necessary to carry out and make effective the provisions and 
  8.3   purposes of sections 150A.01 to 150A.12, in accordance with 
  8.4   chapter 14.  The rules may to specify training and education 
  8.5   necessary for administering general anesthesia and intravenous 
  8.6   conscious sedation. 
  8.7      Sec. 12.  Minnesota Statutes 1998, section 151.06, 
  8.8   subdivision 1, is amended to read: 
  8.9      Subdivision 1.  [GENERALLY; RULES.] (a)  [POWERS AND 
  8.10  DUTIES.] The board of pharmacy shall have the power and it shall 
  8.11  be its duty: 
  8.12     (1) to regulate the practice of pharmacy; 
  8.13     (2) to regulate the manufacture, wholesale, and retail sale 
  8.14  of drugs within this state; 
  8.15     (3) to regulate the identity, labeling, purity, and quality 
  8.16  of all drugs and medicines dispensed in this state, using the 
  8.17  United States Pharmacopeia and the National Formulary, or any 
  8.18  revisions thereof, or standards adopted under the federal act as 
  8.19  the standard; 
  8.20     (4) to enter and inspect by its authorized representative 
  8.21  any and all places where drugs, medicines, medical gases, or 
  8.22  veterinary drugs or devices are sold, vended, given away, 
  8.23  compounded, dispensed, manufactured, wholesaled, or held; it may 
  8.24  secure samples or specimens of any drugs, medicines, medical 
  8.25  gases, or veterinary drugs or devices after paying or offering 
  8.26  to pay for such sample; it shall be entitled to inspect and make 
  8.27  copies of any and all records of shipment, purchase, 
  8.28  manufacture, quality control, and sale of these items provided, 
  8.29  however, that such inspection shall not extend to financial 
  8.30  data, sales data, or pricing data; 
  8.31     (5) to examine and license as pharmacists all applicants 
  8.32  whom it shall deem qualified to be such; 
  8.33     (6) to license wholesale drug distributors; 
  8.34     (7) to deny, suspend, revoke, or refuse to renew any 
  8.35  registration or license required under this chapter, to any 
  8.36  applicant or registrant or licensee upon any of the following 
  9.1   grounds: 
  9.2      (i) fraud or deception in connection with the securing of 
  9.3   such license or registration; 
  9.4      (ii) in the case of a pharmacist, conviction in any court 
  9.5   of a felony; 
  9.6      (iii) in the case of a pharmacist, conviction in any court 
  9.7   of an offense involving moral turpitude; 
  9.8      (iv) habitual indulgence in the use of narcotics, 
  9.9   stimulants, or depressant drugs; or habitual indulgence in 
  9.10  intoxicating liquors in a manner which could cause conduct 
  9.11  endangering public health; 
  9.12     (v) unprofessional conduct or conduct endangering public 
  9.13  health; 
  9.14     (vi) gross immorality; 
  9.15     (vii) employing, assisting, or enabling in any manner an 
  9.16  unlicensed person to practice pharmacy; 
  9.17     (viii) conviction of theft of drugs, or the unauthorized 
  9.18  use, possession, or sale thereof; 
  9.19     (ix) violation of any of the provisions of this chapter or 
  9.20  any of the rules of the state board of pharmacy; 
  9.21     (x) in the case of a pharmacy license, operation of such 
  9.22  pharmacy without a pharmacist present and on duty; 
  9.23     (xi) in the case of a pharmacist, physical or mental 
  9.24  disability which could cause incompetency in the practice of 
  9.25  pharmacy; 
  9.26     (xii) in the case of a pharmacist, the suspension or 
  9.27  revocation of a license to practice pharmacy in another state; 
  9.28  or 
  9.29     (xiii) in the case of a pharmacist, aiding suicide or 
  9.30  aiding attempted suicide in violation of section 609.215 as 
  9.31  established by any of the following: 
  9.32     (A) a copy of the record of criminal conviction or plea of 
  9.33  guilty for a felony in violation of section 609.215, subdivision 
  9.34  1 or 2; 
  9.35     (B) a copy of the record of a judgment of contempt of court 
  9.36  for violating an injunction issued under section 609.215, 
 10.1   subdivision 4; 
 10.2      (C) a copy of the record of a judgment assessing damages 
 10.3   under section 609.215, subdivision 5; or 
 10.4      (D) a finding by the board that the person violated section 
 10.5   609.215, subdivision 1 or 2.  The board shall investigate any 
 10.6   complaint of a violation of section 609.215, subdivision 1 or 2; 
 10.7      (8) to employ necessary assistants and make rules for the 
 10.8   conduct of its business; 
 10.9      (9) to register pharmacy technicians; and 
 10.10     (10) to perform such other duties and exercise such other 
 10.11  powers as the provisions of the act may require.  
 10.12     (b)  [TEMPORARY SUSPENSION.] In addition to any other 
 10.13  remedy provided by law, the board may, without a hearing, 
 10.14  temporarily suspend a license for not more than 60 days if the 
 10.15  board finds that a pharmacist has violated a statute or rule 
 10.16  that the board is empowered to enforce and continued practice by 
 10.17  the pharmacist would create an imminent risk of harm to others.  
 10.18  The suspension shall take effect upon written notice to the 
 10.19  pharmacist, specifying the statute or rule violated.  At the 
 10.20  time it issues the suspension notice, the board shall schedule a 
 10.21  disciplinary hearing to be held under the Administrative 
 10.22  Procedure Act.  The pharmacist shall be provided with at least 
 10.23  20 days' notice of any hearing held under this subdivision. 
 10.24     (c)  [RULES.] For the purposes aforesaid, it shall be the 
 10.25  duty of the board to make and publish uniform rules not 
 10.26  inconsistent herewith for carrying out and enforcing the 
 10.27  provisions of this chapter.  The board shall adopt rules 
 10.28  regarding prospective drug utilization review and patient 
 10.29  counseling by pharmacists.  A pharmacist in the exercise of the 
 10.30  pharmacist's professional judgment, upon the presentation of a 
 10.31  new prescription by a patient or the patient's caregiver or 
 10.32  agent, shall perform the prospective drug utilization review 
 10.33  required by rules issued under this subdivision. 
 10.34     Sec. 13.  Minnesota Statutes 1998, section 153.02, is 
 10.35  amended to read: 
 10.36     153.02 [BOARD OF PODIATRIC MEDICINE.] 
 11.1      The governor shall appoint a board of podiatric medicine 
 11.2   consisting of two public members as defined by section 214.02 
 11.3   and five resident podiatrists.  The podiatrists must each hold a 
 11.4   degree of doctor of podiatric medicine and be licensed to 
 11.5   practice podiatric medicine under this chapter.  Membership 
 11.6   terms, compensation of members, removal of members, the filling 
 11.7   of membership vacancies, and fiscal year and reporting 
 11.8   requirements shall be as provided in sections 214.07 to 214.09.  
 11.9   The provision of staff, administrative services and office 
 11.10  space; the review and processing of complaints; the setting of 
 11.11  board fees; and other provisions related to board operations 
 11.12  shall be as provided in chapter 214. 
 11.13     The board shall elect from among its members a president 
 11.14  and a secretary-treasurer.  The board may adopt rules as 
 11.15  necessary to carry out the purposes of this chapter.  The 
 11.16  members of the board may administer oaths and take testimony as 
 11.17  to matters pertaining to the duties of the board.  Four members 
 11.18  of the board shall constitute a quorum for the transaction of 
 11.19  business.  The board shall have a common seal, which shall be 
 11.20  kept by the executive director. 
 11.21     Sec. 14.  Minnesota Statutes 1998, section 154.24, is 
 11.22  amended to read: 
 11.23     154.24 [RULES.] 
 11.24     The board of barber examiners shall have authority to make 
 11.25  reasonable rules for the administration of the provisions of 
 11.26  this chapter and prescribe sanitary requirements for barber 
 11.27  shops and barber schools, subject to the approval of the state 
 11.28  commissioner of health.  Any member of the board, or its agents 
 11.29  or assistants, shall have authority to enter upon and to inspect 
 11.30  any barber shop or barber school at any time during business 
 11.31  hours.  A copy of the rules adopted by the board shall be 
 11.32  furnished by it to the owner or manager of each barber shop or 
 11.33  barber school and such copy shall be posted in a conspicuous 
 11.34  place in such barber shop or barber school. 
 11.35     The board shall keep a record of its proceedings relating 
 11.36  to the issuance, refusal, renewal, suspension, and revocation of 
 12.1   certificates of registration.  This record shall contain the 
 12.2   name, place of business and residence of each registered barber 
 12.3   and registered apprentice, and the date and number of the 
 12.4   certificate of registration.  This record shall be open to 
 12.5   public inspection at all reasonable times. 
 12.6      Sec. 15.  Minnesota Statutes 1998, section 156.01, 
 12.7   subdivision 3, is amended to read: 
 12.8      Subd. 3.  [OFFICERS.] The board shall elect from its number 
 12.9   a president and such other officers as are necessary, all from 
 12.10  within its membership.  One person may hold the offices of both 
 12.11  secretary and treasurer.  The board shall have a seal and the 
 12.12  power to subpoena witnesses, to administer oaths, and take 
 12.13  testimony.  It shall make, alter, or amend such rules as may be 
 12.14  necessary to carry into effect the provisions of this chapter.  
 12.15  It shall hold examinations for applicants for license to engage 
 12.16  in veterinary practice at a time and place of its own choosing.  
 12.17  Notice of such examination shall be posted 90 days before the 
 12.18  date set for an examination in all veterinary schools approved 
 12.19  by the board in the state, and shall be published in the journal 
 12.20  of the American Veterinary Medical Association.  The board may 
 12.21  hold such other meetings as it deems necessary; but no meeting 
 12.22  shall exceed three days duration. 
 12.23     Sec. 16.  Minnesota Statutes 1998, section 175.171, is 
 12.24  amended to read: 
 12.25     175.171 [POWERS AND DUTIES, DEPARTMENT OF LABOR AND 
 12.26  INDUSTRY.] 
 12.27     The department of labor and industry shall have the 
 12.28  following powers and duties: 
 12.29     (1) to exercise all powers and perform all duties of the 
 12.30  department consistent with the provisions of this chapter; 
 12.31     (2) to adopt reasonable and proper rules relative to the 
 12.32  exercise of its powers and duties, and proper rules to govern 
 12.33  its proceedings and to regulate the mode and manner of all 
 12.34  investigations and hearings, which shall not be effective until 
 12.35  ten days after their adoption, and a copy of these rules shall 
 12.36  be delivered to every citizen making application therefor; 
 13.1      (3) to collect, collate, and publish statistical and other 
 13.2   information relating to the work under its jurisdiction, to keep 
 13.3   records and to make public reports in its judgment necessary; 
 13.4   and on or before October 1 in each even-numbered year the 
 13.5   department shall report its doings, conclusions, and 
 13.6   recommendations to the governor, which report shall be printed 
 13.7   and distributed by November 15 of each even-numbered year to the 
 13.8   legislature pursuant to section 3.195, and otherwise as the 
 13.9   department may direct; 
 13.10     (4) (3) to establish and maintain branch offices as needed 
 13.11  for the conduct of its affairs; and 
 13.12     (5) (4) to provide direct computer access to and electronic 
 13.13  data interchange of public and nonpublic workers' compensation 
 13.14  data and other data maintained by the department and to charge a 
 13.15  reasonable fee for the access and electronic data interchange, 
 13.16  except that in no circumstances may a fee be charged an employee 
 13.17  or the employee's attorney seeking access and data interchange 
 13.18  to information about the employee's claim or circumstances.  
 13.19  Notwithstanding any other law to the contrary, the fee receipts 
 13.20  for providing the computer access to and electronic data 
 13.21  interchange of data shall be deposited in the special 
 13.22  compensation fund.  Access to and electronic data interchange of 
 13.23  nonpublic data shall be only as authorized by the subject of the 
 13.24  data, as authorized in chapter 13, or as otherwise authorized by 
 13.25  law. 
 13.26     Sec. 17.  Minnesota Statutes 1998, section 179A.04, 
 13.27  subdivision 3, is amended to read: 
 13.28     Subd. 3.  [OTHER DUTIES.] (a) The commissioner shall:  
 13.29     (1) provide mediation services as requested by the parties 
 13.30  until the parties reach agreement, and may continue to assist 
 13.31  parties after they have submitted their final positions for 
 13.32  interest arbitration; 
 13.33     (2) issue notices, subpoenas, and orders required by law to 
 13.34  carry out duties under sections 179A.01 to 179A.25; 
 13.35     (3) assist the parties in formulating petitions, notices, 
 13.36  and other papers required to be filed with the commissioner; 
 14.1      (4) conduct elections; 
 14.2      (5) certify the final results of any election or other 
 14.3   voting procedure conducted under sections 179A.01 to 179A.25; 
 14.4      (6) adopt rules relating to the administration of this 
 14.5   chapter and the conduct of hearings and elections; 
 14.6      (7) receive, catalogue, file, and make available to the 
 14.7   public all decisions of arbitrators and panels authorized by 
 14.8   sections 179A.01 to 179A.25, all grievance arbitration 
 14.9   decisions, and the commissioner's orders and decisions; 
 14.10     (8) (7) adopt, subject to chapter 14, a grievance procedure 
 14.11  that fulfills the purposes of section 179A.20, subdivision 4, 
 14.12  does not provide for the services of the bureau of mediation 
 14.13  services and is available to any employee in a unit not covered 
 14.14  by a contractual grievance procedure; 
 14.15     (9) (8) maintain a schedule of state employee 
 14.16  classifications or positions assigned to each unit established 
 14.17  in section 179A.10, subdivision 2; 
 14.18     (10) (9) collect fees established by rule for empanelment 
 14.19  of persons on the labor arbitrator roster maintained by the 
 14.20  commissioner or in conjunction with fair share fee challenges; 
 14.21     (11) (10) provide technical support and assistance to 
 14.22  voluntary joint labor-management committees established for the 
 14.23  purpose of improving relationships between exclusive 
 14.24  representatives and employers, at the discretion of the 
 14.25  commissioner; 
 14.26     (12) (11) provide to the parties a list of arbitrators as 
 14.27  required by section 179A.16, subdivision 4; and 
 14.28     (13) (12) maintain a list of up to 60 arbitrators for 
 14.29  referral to employers and exclusive representatives for the 
 14.30  resolution of grievance or interest disputes.  Each person on 
 14.31  the list must be knowledgeable about collective bargaining and 
 14.32  labor relations in the public sector, well versed in state and 
 14.33  federal labor law, and experienced in and knowledgeable about 
 14.34  labor arbitration.  To the extent practicable, the commissioner 
 14.35  shall appoint members to the list so that the list is gender and 
 14.36  racially diverse. 
 15.1      (b) From the names provided by representative 
 15.2   organizations, the commissioner shall maintain a list of 
 15.3   arbitrators to conduct teacher discharge or termination hearings 
 15.4   according to section 122A.40 or 122A.41.  The persons on the 
 15.5   list must meet at least one of the following requirements: 
 15.6      (1) be a former or retired judge; 
 15.7      (2) be a qualified arbitrator on the list maintained by the 
 15.8   bureau; 
 15.9      (3) be a present, former, or retired administrative law 
 15.10  judge; or 
 15.11     (4) be a neutral individual who is learned in the law and 
 15.12  admitted to practice in Minnesota, who is qualified by 
 15.13  experience to conduct these hearings, and who is without bias to 
 15.14  either party. 
 15.15     Each year, the Minnesota education association shall 
 15.16  provide a list of seven names, the Minnesota federation of 
 15.17  teachers a list of seven names, and the Minnesota school boards 
 15.18  association a list of 14 names of persons to be on the list.  
 15.19  The commissioner may adopt rules about maintaining and updating 
 15.20  the list. 
 15.21     Sec. 18.  Minnesota Statutes 1998, section 216B.08, is 
 15.22  amended to read: 
 15.23     216B.08 [DUTIES OF COMMISSION.] 
 15.24     The commission is hereby vested with the powers, rights, 
 15.25  functions, and jurisdiction to regulate in accordance with the 
 15.26  provisions of Laws 1974, chapter 429 every public utility as 
 15.27  defined herein.  The exercise of such powers, rights, functions, 
 15.28  and jurisdiction is prescribed as a duty of the commission.  The 
 15.29  commission is authorized to make rules in furtherance of the 
 15.30  purposes of Laws 1974, chapter 429.  
 15.31     Sec. 19.  Minnesota Statutes 1998, section 256.975, 
 15.32  subdivision 2, is amended to read: 
 15.33     Subd. 2.  [DUTIES.] The board shall carry out the following 
 15.34  duties: 
 15.35     (a) to advise the governor and heads of state departments 
 15.36  and agencies regarding policy, programs, and services affecting 
 16.1   the aging; 
 16.2      (b) to provide a mechanism for coordinating plans and 
 16.3   activities of state departments and citizens' groups as they 
 16.4   pertain to aging; 
 16.5      (c) to create public awareness of the special needs and 
 16.6   potentialities of older persons; 
 16.7      (d) to gather and disseminate information about research 
 16.8   and action programs, and to encourage state departments and 
 16.9   other agencies to conduct needed research in the field of aging; 
 16.10     (e) to stimulate, guide, and provide technical assistance 
 16.11  in the organization of local councils on aging; 
 16.12     (f) to provide continuous review of ongoing services, 
 16.13  programs and proposed legislation affecting the elderly in 
 16.14  Minnesota; 
 16.15     (g) to administer and to make policy relating to all 
 16.16  aspects of the older Americans act of 1965, as amended, 
 16.17  including implementation thereof; and 
 16.18     (h) to award grants, and enter into contracts, and adopt 
 16.19  rules the Minnesota board on aging deems necessary to carry out 
 16.20  the purposes of this section. 
 16.21     Sec. 20.  Minnesota Statutes 1998, section 268.0122, 
 16.22  subdivision 5, is amended to read: 
 16.23     Subd. 5.  [RULEMAKING.] (a) The commissioner may make rules 
 16.24  to carry out this chapter. 
 16.25     (b) Effective July 1, 1997, the commissioner may make rules 
 16.26  to carry out section 256J.51. 
 16.27     Sec. 21.  Minnesota Statutes 1998, section 270.06, is 
 16.28  amended to read: 
 16.29     270.06 [POWERS AND DUTIES.] 
 16.30     The commissioner of revenue shall: 
 16.31     (1) have and exercise general supervision over the 
 16.32  administration of the assessment and taxation laws of the state, 
 16.33  over assessors, town, county, and city boards of review and 
 16.34  equalization, and all other assessing officers in the 
 16.35  performance of their duties, to the end that all assessments of 
 16.36  property be made relatively just and equal in compliance with 
 17.1   the laws of the state; 
 17.2      (2) confer with, advise, and give the necessary 
 17.3   instructions and directions to local assessors and local boards 
 17.4   of review throughout the state as to their duties under the laws 
 17.5   of the state; 
 17.6      (3) direct proceedings, actions, and prosecutions to be 
 17.7   instituted to enforce the laws relating to the liability and 
 17.8   punishment of public officers and officers and agents of 
 17.9   corporations for failure or negligence to comply with the 
 17.10  provisions of the laws of this state governing returns of 
 17.11  assessment and taxation of property, and cause complaints to be 
 17.12  made against local assessors, members of boards of equalization, 
 17.13  members of boards of review, or any other assessing or taxing 
 17.14  officer, to the proper authority, for their removal from office 
 17.15  for misconduct or negligence of duty; 
 17.16     (4) require county attorneys to assist in the commencement 
 17.17  of prosecutions in actions or proceedings for removal, 
 17.18  forfeiture and punishment for violation of the laws of this 
 17.19  state in respect to the assessment and taxation of property in 
 17.20  their respective districts or counties; 
 17.21     (5) require town, city, county, and other public officers 
 17.22  to report information as to the assessment of property, 
 17.23  collection of taxes received from licenses and other sources, 
 17.24  and such other information as may be needful in the work of the 
 17.25  department of revenue, in such form and upon such blanks as the 
 17.26  commissioner may prescribe; 
 17.27     (6) require individuals, copartnerships, companies, 
 17.28  associations, and corporations to furnish information concerning 
 17.29  their capital, funded or other debt, current assets and 
 17.30  liabilities, earnings, operating expenses, taxes, as well as all 
 17.31  other statements now required by law for taxation purposes; 
 17.32     (7) subpoena witnesses, at a time and place reasonable 
 17.33  under the circumstances, to appear and give testimony, and to 
 17.34  produce books, records, papers and documents for inspection and 
 17.35  copying relating to any matter which the commissioner may have 
 17.36  authority to investigate or determine; 
 18.1      (8) issue a subpoena which does not identify the person or 
 18.2   persons with respect to whose liability the subpoena is issued, 
 18.3   but only if (a) the subpoena relates to the investigation of a 
 18.4   particular person or ascertainable group or class of persons, 
 18.5   (b) there is a reasonable basis for believing that such person 
 18.6   or group or class of persons may fail or may have failed to 
 18.7   comply with any law administered by the commissioner, (c) the 
 18.8   information sought to be obtained from the examination of the 
 18.9   records (and the identity of the person or persons with respect 
 18.10  to whose liability the subpoena is issued) is not readily 
 18.11  available from other sources, (d) the subpoena is clear and 
 18.12  specific as to the information sought to be obtained, and (e) 
 18.13  the information sought to be obtained is limited solely to the 
 18.14  scope of the investigation.  Provided further that the party 
 18.15  served with a subpoena which does not identify the person or 
 18.16  persons with respect to whose tax liability the subpoena is 
 18.17  issued shall have the right, within 20 days after service of the 
 18.18  subpoena, to petition the district court for the judicial 
 18.19  district in which lies the county in which that party is located 
 18.20  for a determination as to whether the commissioner of revenue 
 18.21  has complied with all the requirements in (a) to (e), and thus, 
 18.22  whether the subpoena is enforceable.  If no such petition is 
 18.23  made by the party served within the time prescribed, the 
 18.24  subpoena shall have the force and effect of a court order; 
 18.25     (9) cause the deposition of witnesses residing within or 
 18.26  without the state, or absent therefrom, to be taken, upon notice 
 18.27  to the interested party, if any, in like manner that depositions 
 18.28  of witnesses are taken in civil actions in the district court, 
 18.29  in any matter which the commissioner may have authority to 
 18.30  investigate or determine; 
 18.31     (10) investigate the tax laws of other states and countries 
 18.32  and to formulate and submit to the legislature such legislation 
 18.33  as the commissioner may deem expedient to prevent evasions of 
 18.34  assessment and taxing laws, and secure just and equal taxation 
 18.35  and improvement in the system of assessment and taxation in this 
 18.36  state; 
 19.1      (11) consult and confer with the governor upon the subject 
 19.2   of taxation, the administration of the laws in regard thereto, 
 19.3   and the progress of the work of the department of revenue, and 
 19.4   furnish the governor, from time to time, such assistance and 
 19.5   information as the governor may require relating to tax matters; 
 19.6      (12) transmit to the governor, on or before the third 
 19.7   Monday in December of each even-numbered year, and to each 
 19.8   member of the legislature, on or before November 15 of each 
 19.9   even-numbered year, the report of the department of revenue for 
 19.10  the preceding years, showing all the taxable property in the 
 19.11  state and the value of the same, in tabulated form; 
 19.12     (13) inquire into the methods of assessment and taxation 
 19.13  and ascertain whether the assessors faithfully discharge their 
 19.14  duties, particularly as to their compliance with the laws 
 19.15  requiring the assessment of all property not exempt from 
 19.16  taxation; 
 19.17     (14) administer and enforce the assessment and collection 
 19.18  of state taxes and fees, including the use of any remedy 
 19.19  available to nongovernmental creditors, and, from time to time, 
 19.20  make, publish, and distribute rules for the administration and 
 19.21  enforcement of assessments and fees administered by the 
 19.22  commissioner and state tax laws.  The rules have the force of 
 19.23  law; 
 19.24     (15) prepare blank forms for the returns required by state 
 19.25  tax law and distribute them throughout the state, furnishing 
 19.26  them subject to charge on application; 
 19.27     (16) prescribe rules governing the qualification and 
 19.28  practice of agents, attorneys, or other persons representing 
 19.29  taxpayers before the commissioner.  The rules may require that 
 19.30  those persons, agents, and attorneys show that they are of good 
 19.31  character and in good repute, have the necessary qualifications 
 19.32  to give taxpayers valuable services, and are otherwise competent 
 19.33  to advise and assist taxpayers in the presentation of their case 
 19.34  before being recognized as representatives of taxpayers.  After 
 19.35  due notice and opportunity for hearing, the commissioner may 
 19.36  suspend and disbar from further practice before the commissioner 
 20.1   any person, agent, or attorney who is shown to be incompetent or 
 20.2   disreputable, who refuses to comply with the rules, or who with 
 20.3   intent to defraud, willfully or knowingly deceives, misleads, or 
 20.4   threatens a taxpayer or prospective taxpayer, by words, 
 20.5   circular, letter, or by advertisement.  This clause does not 
 20.6   curtail the rights of individuals to appear in their own behalf 
 20.7   or partners or corporations' officers to appear in behalf of 
 20.8   their respective partnerships or corporations; 
 20.9      (17) appoint agents as the commissioner considers necessary 
 20.10  to make examinations and determinations.  The agents have the 
 20.11  rights and powers conferred on the commissioner to subpoena, 
 20.12  examine, and copy books, records, papers, or memoranda, subpoena 
 20.13  witnesses, administer oaths and affirmations, and take 
 20.14  testimony.  In addition to administrative subpoenas of the 
 20.15  commissioner and the agents, upon demand of the commissioner or 
 20.16  an agent, the court administrator of any district court shall 
 20.17  issue a subpoena for the attendance of a witness or the 
 20.18  production of books, papers, records, or memoranda before the 
 20.19  agent for inspection and copying.  Disobedience of a court 
 20.20  administrator's subpoena shall be punished by the district court 
 20.21  of the district in which the subpoena is issued, or in the case 
 20.22  of a subpoena issued by the commissioner or an agent, by the 
 20.23  district court of the district in which the party served with 
 20.24  the subpoena is located, in the same manner as contempt of the 
 20.25  district court; 
 20.26     (18) appoint and employ additional help, purchase supplies 
 20.27  or materials, or incur other expenditures in the enforcement of 
 20.28  state tax laws as considered necessary.  The salaries of all 
 20.29  agents and employees provided for in this chapter shall be fixed 
 20.30  by the appointing authority, subject to the approval of the 
 20.31  commissioner of administration; 
 20.32     (19) execute and administer any agreement with the 
 20.33  secretary of the treasury of the United States or a 
 20.34  representative of another state regarding the exchange of 
 20.35  information and administration of the tax laws; 
 20.36     (20) administer and enforce the provisions of sections 
 21.1   325D.30 to 325D.42, the Minnesota Unfair Cigarette Sales Act; 
 21.2      (21) authorize the use of unmarked motor vehicles to 
 21.3   conduct seizures or criminal investigations pursuant to the 
 21.4   commissioner's authority; and 
 21.5      (22) exercise other powers and perform other duties 
 21.6   required of or imposed upon the commissioner of revenue by law.  
 21.7      Sec. 22.  Minnesota Statutes 1998, section 299J.04, 
 21.8   subdivision 1, is amended to read: 
 21.9      Subdivision 1.  [GENERAL DUTIES.] The commissioner shall: 
 21.10     (1) enforce sections 216D.01 to 216D.09, as provided in 
 21.11  sections 216D.08 and 216D.09; 
 21.12     (2) maintain a database of all pipeline and LNG facility 
 21.13  emergency releases; and 
 21.14     (3) inspect, as necessary, any record, map, or written 
 21.15  procedure required by sections 299J.01 to 299J.17 to be kept by 
 21.16  a pipeline operator concerning the reporting of emergency 
 21.17  releases, and the design, construction, testing, or operation 
 21.18  and maintenance of pipelines and LNG facilities; and 
 21.19     (4) adopt rules to implement sections 299J.01 to 299J.17.  
 21.20     The rules adopted under clause (4) must treat separately 
 21.21  and distinguish between hazardous liquid and gas pipelines and 
 21.22  must be compatible with federal laws and regulations. 
 21.23     Sec. 23.  Minnesota Statutes 1998, section 299K.03, 
 21.24  subdivision 5, is amended to read: 
 21.25     Subd. 5.  [DUTIES OF COMMISSION.] The commission shall 
 21.26  carry out all requirements of a commission under the federal act 
 21.27  and may adopt rules to do so.  The commission shall encourage 
 21.28  use of and shall utilize existing emergency planning systems 
 21.29  under section 299K.05 whenever practical. 
 21.30     Sec. 24.  Minnesota Statutes 1998, section 326.06, is 
 21.31  amended to read: 
 21.32     326.06 [GENERAL POWERS AND DUTIES OF BOARD.] 
 21.33     Each member of the board shall receive a certificate of 
 21.34  appointment from the governor, and, before beginning a term of 
 21.35  office, shall file with the secretary of state the 
 21.36  constitutional oath of office.  The board shall adopt and have 
 22.1   an official seal, which shall be affixed to all licenses 
 22.2   granted; shall make all rules, not inconsistent with law, needed 
 22.3   in performing its duties; and shall fix standards for 
 22.4   determining the qualifications of applicants for certificates, 
 22.5   which shall not exceed the requirements contained in the 
 22.6   curriculum of a recognized school of architecture, landscape 
 22.7   architecture, engineering, geoscience, or interior design.  The 
 22.8   board shall make rules to define classes of buildings with 
 22.9   respect to which persons performing services described in 
 22.10  section 326.03, subdivision 2, may be exempted from the 
 22.11  provisions of sections 326.02 to 326.15, by a finding of no 
 22.12  probable risk to life, health, property or public welfare. 
 22.13     Sec. 25.  Minnesota Statutes 1998, section 326.241, 
 22.14  subdivision 2, is amended to read: 
 22.15     Subd. 2.  [POWERS.] The board, or the complaint committee 
 22.16  on behalf of the board where authorized by law, shall have power 
 22.17  to: 
 22.18     (1) Elect its own officers. 
 22.19     (2) Engage and fix the compensation of inspectors, and hire 
 22.20  employees.  The salary of the executive secretary shall be 
 22.21  established pursuant to chapter 43A.  All agents and employees 
 22.22  other than contract inspectors shall be in the classified 
 22.23  service and shall be compensated pursuant to chapter 43A.  All 
 22.24  inspectors shall hold licenses as master or journeyman 
 22.25  electricians under section 326.242, subdivision 1(1) or 2(1), 
 22.26  and shall give bond in an amount fixed by the board, conditioned 
 22.27  upon the faithful performance of their duties. 
 22.28     (3) Pay such other expenses as it may deem necessary in the 
 22.29  performance of its duties, including rent, supplies, and such 
 22.30  like. 
 22.31     (4) Enforce the provisions of sections 326.241 to 326.248, 
 22.32  and provide, upon request, such additional voluntary inspections 
 22.33  and reviews as it may deem appropriate. 
 22.34     (5) Issue, renew, refuse to renew, suspend, temporarily 
 22.35  suspend, and revoke licenses, censure licensees, assess civil 
 22.36  penalties, issue cease and desist orders, and seek injunctive 
 23.1   relief and civil penalties in court as authorized by section 
 23.2   326.242 and other provisions of Minnesota law. 
 23.3      (6) Adopt reasonable rules to carry out its duties under 
 23.4   sections 326.241 to 326.248 and to Provide for the amount and 
 23.5   collection of fees for inspection and other services.  All rules 
 23.6   shall be adopted in accordance with chapter 14. 
 23.7      Sec. 26.  Minnesota Statutes 1998, section 352.03, 
 23.8   subdivision 4, is amended to read: 
 23.9      Subd. 4.  [DUTIES AND POWERS OF BOARD OF DIRECTORS.] The 
 23.10  board shall: 
 23.11     (1) elect a chair; 
 23.12     (2) appoint an executive director; 
 23.13     (3) establish rules to administer this chapter and chapters 
 23.14  3A, 352B, 352C, 352D, and 490 and transact the business of the 
 23.15  system, subject to the limitations of law; 
 23.16     (4) consider and dispose of, or take any other action the 
 23.17  board of directors deems appropriate concerning denials of 
 23.18  applications for annuities or disability benefits under this 
 23.19  chapter, and complaints of employees and others pertaining to 
 23.20  the retirement of employees and the operation of the system; 
 23.21     (5) (4) advise the director on any matters relating to the 
 23.22  system and carrying out functions and purposes of this chapter.  
 23.23  The board's advice shall control; and 
 23.24     (6) (5) oversee the administration of the state deferred 
 23.25  compensation plan established in section 352.96. 
 23.26     The director and assistant director must be in the 
 23.27  unclassified service but appointees may be selected from civil 
 23.28  service lists if desired.  The salary of the executive director 
 23.29  must be as provided by section 15A.0815.  The salary of the 
 23.30  assistant director must be set in accordance with section 
 23.31  43A.18, subdivision 3.  
 23.32     Sec. 27.  Minnesota Statutes 1998, section 363.05, 
 23.33  subdivision 1, is amended to read: 
 23.34     Subdivision 1.  [FORMULATION OF POLICIES.] The commissioner 
 23.35  shall formulate policies to effectuate the purposes of this 
 23.36  chapter and shall: 
 24.1      (1) exercise leadership under the direction of the governor 
 24.2   in the development of human rights policies and programs, and 
 24.3   make recommendations to the governor and the legislature for 
 24.4   their consideration and implementation; 
 24.5      (2) establish and maintain a principal office in St. Paul, 
 24.6   and any other necessary branch offices at any location within 
 24.7   the state; 
 24.8      (3) meet and function at any place within the state; 
 24.9      (4) employ attorneys, clerks, and other employees and 
 24.10  agents as the commissioner may deem necessary and prescribe 
 24.11  their duties; 
 24.12     (5) to the extent permitted by federal law and regulation, 
 24.13  utilize the records of the department of economic security of 
 24.14  the state when necessary to effectuate the purposes of this 
 24.15  chapter; 
 24.16     (6) obtain upon request and utilize the services of all 
 24.17  state governmental departments and agencies; 
 24.18     (7) adopt suitable rules for effectuating the purposes of 
 24.19  this chapter; 
 24.20     (8) issue complaints, receive and investigate charges 
 24.21  alleging unfair discriminatory practices, and determine whether 
 24.22  or not probable cause exists for hearing; 
 24.23     (9) (8) subpoena witnesses, administer oaths, take 
 24.24  testimony, and require the production for examination of any 
 24.25  books or papers relative to any matter under investigation or in 
 24.26  question; 
 24.27     (10) (9) attempt, by means of education, conference, 
 24.28  conciliation, and persuasion to eliminate unfair discriminatory 
 24.29  practices as being contrary to the public policy of the state; 
 24.30     (11) (10) develop and conduct programs of formal and 
 24.31  informal education designed to eliminate discrimination and 
 24.32  intergroup conflict by use of educational techniques and 
 24.33  programs the commissioner deems necessary; 
 24.34     (12) (11) make a written report of the activities of the 
 24.35  commissioner to the governor each year; 
 24.36     (13) (12) accept gifts, bequests, grants or other payments 
 25.1   public and private to help finance the activities of the 
 25.2   department; 
 25.3      (14) (13) create such local and statewide advisory 
 25.4   committees as will in the commissioner's judgment aid in 
 25.5   effectuating the purposes of the department of human rights; 
 25.6      (15) (14) develop such programs as will aid in determining 
 25.7   the compliance throughout the state with the provisions of this 
 25.8   chapter, and in the furtherance of such duties, conduct research 
 25.9   and study discriminatory practices based upon race, color, 
 25.10  creed, religion, national origin, sex, age, disability, marital 
 25.11  status, status with regard to public assistance, familial 
 25.12  status, sexual orientation, or other factors and develop 
 25.13  accurate data on the nature and extent of discrimination and 
 25.14  other matters as they may affect housing, employment, public 
 25.15  accommodations, schools, and other areas of public life; 
 25.16     (16) (15) develop and disseminate technical assistance to 
 25.17  persons subject to the provisions of this chapter, and to 
 25.18  agencies and officers of governmental and private agencies; 
 25.19     (17) (16) provide staff services to such advisory 
 25.20  committees as may be created in aid of the functions of the 
 25.21  department of human rights; 
 25.22     (18) (17) make grants in aid to the extent that 
 25.23  appropriations are made available for that purpose in aid of 
 25.24  carrying out duties and responsibilities; and 
 25.25     (19) (18) cooperate and consult with the commissioner of 
 25.26  labor and industry regarding the investigation of violations of, 
 25.27  and resolution of complaints regarding section 363.03, 
 25.28  subdivision 9. 
 25.29     In performing these duties, the commissioner shall give 
 25.30  priority to those duties in clauses (7), (8), and (9), and (10) 
 25.31  and to the duties in section 363.073.  
 25.32     Sec. 28.  Minnesota Statutes 1998, section 401.03, is 
 25.33  amended to read: 
 25.34     401.03 [PROMULGATION OF RULES; TECHNICAL ASSISTANCE.] 
 25.35     The commissioner shall, as provided in chapter 14, 
 25.36  promulgate rules for the implementation of sections 401.01 to 
 26.1   401.16, and shall provide consultation and technical assistance 
 26.2   to counties to aid them in the development of comprehensive 
 26.3   plans.  
 26.4      Sec. 29.  Minnesota Statutes 1998, section 611A.33, is 
 26.5   amended to read: 
 26.6      611A.33 [DUTIES OF COMMISSIONER.] 
 26.7      The commissioner shall: 
 26.8      (1) Review applications for and award grants to a program 
 26.9   pursuant to section 611A.32, subdivision 1, after considering 
 26.10  the recommendation of the advisory council; 
 26.11     (2) Appoint the members of the advisory council created 
 26.12  under section 611A.34, and provide consultative staff and other 
 26.13  administrative services to the advisory council; 
 26.14     (3) After considering the recommendation of the advisory 
 26.15  council, appoint a program director to perform the duties set 
 26.16  forth in section 611A.35; 
 26.17     (4) Design and implement a uniform method of collecting 
 26.18  data on battered women to be used to evaluate the programs 
 26.19  funded under section 611A.32; and 
 26.20     (5) Provide technical aid to applicants in the development 
 26.21  of grant requests and provide technical aid to programs in 
 26.22  meeting the data collection requirements established by the 
 26.23  commissioner; and 
 26.24     (6) Adopt, under chapter 14, all rules necessary to 
 26.25  implement the provisions of sections 611A.31 to 611A.36. 
 26.26     Sec. 30.  Minnesota Statutes 1998, section 626.843, 
 26.27  subdivision 1, is amended to read: 
 26.28     Subdivision 1.  [RULES REQUIRED.] The board shall adopt 
 26.29  rules with respect to: 
 26.30     (a) The certification of peace officer training schools, 
 26.31  programs, or courses including training schools for the 
 26.32  Minnesota state patrol.  Such schools, programs and courses 
 26.33  shall include those administered by the state, county, school 
 26.34  district, municipality, or joint or contractual combinations 
 26.35  thereof, and shall include preparatory instruction in law 
 26.36  enforcement and minimum basic training courses; 
 27.1      (b) Minimum courses of study, attendance requirements, and 
 27.2   equipment and facilities to be required at each certified peace 
 27.3   officers training school located within the state; 
 27.4      (c) Minimum qualifications for instructors at certified 
 27.5   peace officer training schools located within this state; 
 27.6      (d) Minimum standards of physical, mental, and educational 
 27.7   fitness which shall govern the recruitment and licensing of 
 27.8   peace officers within the state, by any state, county, 
 27.9   municipality, or joint or contractual combination thereof, 
 27.10  including members of the Minnesota state patrol; 
 27.11     (e) Minimum standards of conduct which would affect the 
 27.12  individual's performance of duties as a peace officer; 
 27.13     These standards shall be established and published.  The 
 27.14  board shall review the minimum standards of conduct described in 
 27.15  this paragraph for possible modification in 1998 and every three 
 27.16  years after that time. 
 27.17     (f) Minimum basic training which peace officers appointed 
 27.18  to temporary or probationary terms shall complete before being 
 27.19  eligible for permanent appointment, and the time within which 
 27.20  such basic training must be completed following any such 
 27.21  appointment to a temporary or probationary term; 
 27.22     (g) Minimum specialized training which part-time peace 
 27.23  officers shall complete in order to be eligible for continued 
 27.24  employment as a part-time peace officer or permanent employment 
 27.25  as a peace officer, and the time within which the specialized 
 27.26  training must be completed; 
 27.27     (h) Content of minimum basic training courses required of 
 27.28  graduates of certified law enforcement training schools or 
 27.29  programs.  Such courses shall not duplicate the content of 
 27.30  certified academic or general background courses completed by a 
 27.31  student but shall concentrate on practical skills deemed 
 27.32  essential for a peace officer.  Successful completion of such a 
 27.33  course shall be deemed satisfaction of the minimum basic 
 27.34  training requirement; 
 27.35     (i) Grading, reporting, attendance and other records, and 
 27.36  certificates of attendance or accomplishment; 
 28.1      (j) The procedures to be followed by a part-time peace 
 28.2   officer for notifying the board of intent to pursue the 
 28.3   specialized training for part-time peace officers who desire to 
 28.4   become peace officers pursuant to clause (g), and section 
 28.5   626.845, subdivision 1, clause (g); 
 28.6      (k) The establishment and use by any political subdivision 
 28.7   or state law enforcement agency which employs persons licensed 
 28.8   by the board of procedures for investigation and resolution of 
 28.9   allegations of misconduct by persons licensed by the board.  The 
 28.10  procedures shall be in writing and shall be established on or 
 28.11  before October 1, 1984; 
 28.12     (l) The issues that must be considered by each political 
 28.13  subdivision and state law enforcement agency that employs 
 28.14  persons licensed by the board in establishing procedures under 
 28.15  section 626.5532 to govern the conduct of peace officers who are 
 28.16  in pursuit of a vehicle being operated in violation of section 
 28.17  609.487, and requirements for the training of peace officers in 
 28.18  conducting pursuits.  The adoption of specific procedures and 
 28.19  requirements is within the authority of the political 
 28.20  subdivision or agency; 
 28.21     (m) Supervision of part-time peace officers and 
 28.22  requirements for documentation of hours worked by a part-time 
 28.23  peace officer who is on active duty.  These rules shall be 
 28.24  adopted by December 31, 1993; 
 28.25     (n) Citizenship requirements for full-time and part-time 
 28.26  peace officers; 
 28.27     (o) Driver's license requirements for full-time and 
 28.28  part-time peace officers; and 
 28.29     (p) Such other matters as may be necessary consistent with 
 28.30  sections 626.84 to 626.863.  Rules promulgated by the attorney 
 28.31  general with respect to these matters may be continued in force 
 28.32  by resolution of the board if the board finds the rules to be 
 28.33  consistent with sections 626.84 to 626.863. 
 28.34     Sec. 31.  [REPEALER.] 
 28.35     Minnesota Statutes 1998, sections 16B.04, subdivision 1; 
 28.36  18.022, subdivision 8; 18C.121, subdivision 1; 21.118; 21.85, 
 29.1   subdivision 11; 41A.04, subdivision 4; 45.023; 116J.035, 
 29.2   subdivision 2; 148.08, subdivision 3; 182.657; 216A.07, 
 29.3   subdivision 5; 216C.02, subdivision 3; 223.19; 239.06; 268.021; 
 29.4   326.18, subdivision 3; and 462A.06, are repealed. 
 29.5      Sec. 32.  [EFFECTIVE DATE.] 
 29.6      Sections 1 to 31 are effective July 1, 1999.  
 29.7   Notwithstanding Minnesota Statutes, section 14.05, subdivision 
 29.8   1, repeal of authority to adopt rules in sections 1 to 31 does 
 29.9   not repeal rules adopted before July 1, 1999, under the repealed 
 29.10  authority.