as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; modifying expiration 1.3 dates for advisory committees; amending Minnesota 1.4 Statutes 2002, sections 11A.08, subdivision 4; 15.059, 1.5 subdivision 5; 16B.053; 16B.181, subdivision 2; 1.6 16B.27, subdivision 3; 16B.76, subdivision 1; 16C.17, 1.7 subdivision 2; 17.136; 18B.305, subdivision 3; 21.112, 1.8 subdivision 2; 31.95, subdivision 3a; 43A.318, 1.9 subdivision 1; 79A.02, subdivision 1; 115.41, 1.10 subdivision 1; 115.42; 115.43, subdivision 2; 115.44, 1.11 subdivision 2; 115.45, subdivision 1; 115.50; 115.52; 1.12 115.53; 115A.072, subdivision 1; 115A.12; 115A.9651, 1.13 subdivisions 2, 8, 9, 11; 119A.35, subdivision 1; 1.14 124D.10, subdivision 2a; 124D.84, subdivision 2; 1.15 124D.892, subdivision 3; 134.31, by adding a 1.16 subdivision; 147B.05, subdivision 2; 147C.35, 1.17 subdivision 2; 147D.25, subdivision 2; 155A.06, 1.18 subdivision 5; 175.008; 178.02, subdivision 2; 1.19 182.656, subdivision 3; 242.56, subdivision 1; 1.20 256.482, subdivision 8; 256B.093, subdivision 1; 1.21 326.841; 611A.02, subdivisions 2, 3; 611A.07, 1.22 subdivision 1; 611A.32, subdivision 2; 611A.33; 1.23 611A.35; 611A.36, subdivision 1; 611A.55; 629.342, 1.24 subdivision 2; repealing Minnesota Statutes 2002, 1.25 sections 16B.055; 43A.317, subdivision 4; 43A.318, 1.26 subdivision 3; 62J.15, subdivision 1; 62J.692, 1.27 subdivision 2; 82B.02, subdivision 6; 82B.05; 82B.06; 1.28 84.0887, subdivision 4; 115.54; 115A.9651, subdivision 1.29 5; 119A.42, subdivision 4; 124D.80; 136A.031, 1.30 subdivision 5; 145A.16; 161.1419, subdivision 8; 1.31 174.55; 176.102, subdivision 3; 242.56, subdivision 3; 1.32 245.71, subdivision 2; 252.282, subdivision 4; 1.33 254A.04; 256B.0629; 256B.55, subdivision 5; 268.361, 1.34 subdivision 3; 268.363; 299A.293; 326.41; 326.85; 1.35 611A.201, subdivision 3; 611A.202; 611A.25; 611A.34; 1.36 611A.345; 611A.361; 611A.675; 611A.70; 611A.71; 1.37 626.8441, subdivision 2; 626.9513; Laws 2001 First 1.38 Special Session chapter 3, article 4, section 2. 1.39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.40 Section 1. Minnesota Statutes 2002, section 11A.08, 1.41 subdivision 4, is amended to read: 1.42 Subd. 4. [TERMS; COMPENSATION; REMOVAL; VACANCIES; 2.1 EXPIRATION.] The membership terms, compensation, removal of 2.2 members appointed by the state board, and filling of vacancies 2.3 of members shall be as provided in section 15.059 except that 2.4 council members shall not receive a per diem.
The council is2.5 not subject to the expiration date provisions of section 15.059.2.6 Sec. 2. Minnesota Statutes 2002, section 15.059, 2.7 subdivision 5, is amended to read: 2.8 Subd. 5. [EXPIRATION DATE.] (a) Unless a different date is 2.9 specified by law, the existence of each advisory council and 2.10 committee expires on the date specified in the law establishing 2.11 the group or on June 30, 20032006, whichever is sooner. This 2.12 subdivision applies whether or not the law establishing the 2.13 group provides that the group is governed by this section. 2.14 (b) An advisory council or committee does not expire in 2.15 accordance with paragraph (a) if it: 2.16 (1) is an occupational licensure advisory group to a 2.17 licensing board or agency; 2.18 (2) administers and awards grants; or 2.19 (3) is required by federal law or regulation. 2.20 Sec. 3. Minnesota Statutes 2002, section 16B.053, is 2.21 amended to read: 2.22 16B.053 [GRANTS.] 2.23 The commissioner may apply for, receive, and expend money 2.24 made available from federal or other sources for the purposes of 2.25 carrying out the duties and responsibilities of the commissioner 2.26 under sectionssection 16B.054 and 16B.055. 2.27 All moneys received by the commissioner under sections2.28 section 16B.054 and 16B.055must be deposited in the state 2.29 treasury and are appropriated to the commissioner for the 2.30 purpose for which the moneys are received. The money does not 2.31 cancel and is available until expended. 2.32 Sec. 4. Minnesota Statutes 2002, section 16B.181, 2.33 subdivision 2, is amended to read: 2.34 Subd. 2. [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS 2.35 INDUSTRIES.] (a) The commissioner of corrections, in 2.36 consultation with the commissioner of administration, shall 3.1 prepare updated lists of the items available for purchase from 3.2 department of corrections industries and annually forward a copy 3.3 of the most recent list to all public entities within the 3.4 state. A public entity that is supported in whole or in part 3.5 with funds from the state treasury may purchase items directly 3.6 from corrections industries. The bid solicitation process is 3.7 not required for these purchases. 3.8 (b) The commissioner of administration shall develop a 3.9 contract or contracts to enable public entities to purchase 3.10 items directly from corrections industries. The commissioner of 3.11 administration, in consultation with the commissioner of 3.12 corrections, shall determine the fair market price for listed 3.13 items. The commissioner of administration shall require that 3.14 all requests for bids or proposals, for items provided by 3.15 corrections industries, be forwarded to the commissioner of 3.16 corrections to enable corrections industries to submit bids. 3.17 The commissioner of corrections shall consult with the 3.18 commissioner of administration prior to introducing new products 3.19 to the state agency market. 3.20 (c) No public entity may evade the intent of this section 3.21 by adopting slight variations in specifications, when Minnesota 3.22 corrections industry items meet the reasonable needs and 3.23 specifications of the public entity. 3.24 (d) The commissioners of administration and corrections 3.25 shall develop annual performance measures outlining goals to 3.26 maximize inmate work program participation. The commissioners 3.27 of administration and corrections shall appoint cochairs for a 3.28 task force whose purpose is to determine additional methods to 3.29 achieve the performance goals for public entity purchasing. The 3.30 task force shall include representatives from the Minnesota 3.31 house of representatives, Minnesota senate, the Minnesota state 3.32 colleges and universities, University of Minnesota, Minnesota 3.33 League of Cities, Minnesota Association of Counties, and 3.34 administrators with purchasing responsibilities from the 3.35 Minnesota state departments of corrections, public safety, 3.36 finance, transportation, natural resources, human services, 4.1 health, and economic security. Notwithstanding section 15.059,4.2 the task force created in this paragraph expires on June 30,4.3 2003.4.4 (e) If performance goals for public entity purchasing are 4.5 not achieved in two consecutive fiscal years, public entities 4.6 shall purchase items available from corrections industries. The 4.7 commissioner of administration shall be responsible for 4.8 notifying public entities of this requirement. 4.9 Sec. 5. Minnesota Statutes 2002, section 16B.27, 4.10 subdivision 3, is amended to read: 4.11 Subd. 3. [COUNCIL.] The governor's residence council 4.12 consists of the following 19 members: the commissioner; the 4.13 spouse or a designee of the governor; the executive director of 4.14 the Minnesota state arts board; the director of the Minnesota 4.15 historical society; a member of the senate appointed pursuant to 4.16 the rules of the senate; a member of the house of 4.17 representatives appointed pursuant to the rules of the house of 4.18 representatives; 13 persons appointed by the governor including 4.19 one in the field of higher education, one member of the American 4.20 Society of Interior Designers, Minnesota Chapter, one member of 4.21 the American Institute of Architects, Minnesota chapter, one 4.22 member of the American Society of Landscape Architects, 4.23 Minnesota Chapter, one member of the family that donated the 4.24 governor's residence to the state, if available, and eight 4.25 public members with four public members' terms being coterminous 4.26 with the governor who appoints them. Members of the council 4.27 serve without compensation. Membership terms, removal, and 4.28 filling of vacancies for members appointed by the governor are 4.29 governed by section 15.0575. The council shall elect a chair 4.30 and a secretary from among its members. The council expires on4.31 June 30, 2003.4.32 Sec. 6. Minnesota Statutes 2002, section 16B.76, 4.33 subdivision 1, is amended to read: 4.34 Subdivision 1. [MEMBERSHIP.] (a) The construction codes 4.35 advisory council consists of the following members: 4.36 (1) the commissioner of administration or the 5.1 commissioner's designee representing the department's building 5.2 codes and standards division; 5.3 (2) the commissioner of health or the commissioner's 5.4 designee representing an environmental health section of the 5.5 department; 5.6 (3) the commissioner of public safety or the commissioner's 5.7 designee representing the department's state fire marshal 5.8 division; 5.9 (4) the commissioner of commerce or the commissioner's 5.10 designee representing the department's state energy office; and 5.11 (5) one member representing each of the following 5.12 occupations or entities, appointed by the commissioner of 5.13 administration: 5.14 (i) a certified building official; 5.15 (ii) a fire service representative; 5.16 (iii) a licensed architect; 5.17 (iv) a licensed engineer; 5.18 (v) a building owners and managers representative; 5.19 (vi) a licensed residential building contractor; 5.20 (vii) a commercial building contractor; 5.21 (viii) a heating and ventilation contractor; 5.22 (ix) a plumbing contractor; 5.23 (x) a representative of a construction and building trades 5.24 union; and 5.25 (xi) a local unit of government representative. 5.26 (b) For members who are not state officials or employees, 5.27 terms, compensation, removal, and the filling of vacancies are 5.28 governed by section 15.059. The council shall select one of its 5.29 members to serve as chair. 5.30 (c) The council expires June 30, 2003.5.31 Sec. 7. Minnesota Statutes 2002, section 16C.17, 5.32 subdivision 2, is amended to read: 5.33 Subd. 2. [ADVISORY COUNCIL.] The small business 5.34 procurement advisory council consists of 13 members appointed by 5.35 the commissioner of administration. A chair of the advisory 5.36 council shall be elected from among the members. The 6.1 appointments are subject to the appointments program provided by 6.2 section 15.0597. The terms, compensation, and removal of 6.3 members are as provided in section 15.059. Notwithstanding6.4 section 15.059, the council expires June 30, 2003.6.5 Sec. 8. Minnesota Statutes 2002, section 17.136, is 6.6 amended to read: 6.7 17.136 [FEEDLOT AND MANURE MANAGEMENT ADVISORY COMMITTEE.] 6.8 (a) The commissioner of agriculture and the commissioner of 6.9 the pollution control agency shall establish a feedlot and 6.10 manure management advisory committee to identify needs, goals, 6.11 and suggest policies for research, monitoring, and regulatory 6.12 activities regarding feedlot and manure management. In 6.13 establishing the committee, the commissioner shall give first 6.14 consideration to members of the existing feedlot advisory group. 6.15 (b) The committee must include representation from beef, 6.16 dairy, pork, chicken, and turkey producer organizations. The 6.17 committee shall not exceed 21 members, but, after June 30, 1999, 6.18 must include representatives from at least four environmental 6.19 organizations, eight livestock producers, four experts in soil 6.20 and water science, nutrient management, and animal husbandry, 6.21 one commercial solid manure applicator who is not a producer, 6.22 one commercial liquid manure applicator who is not a producer, 6.23 and one member from an organization representing local units of 6.24 government, and chairs of the senate and the house of 6.25 representatives committees that deal with agricultural policy or 6.26 the designees of the chairs. In addition, the departments of 6.27 agriculture, health, and natural resources, the pollution 6.28 control agency, board of water and soil resources, soil and 6.29 water conservation districts, the federal Natural Resource 6.30 Conservation Service, the association of Minnesota counties, and 6.31 the Farm Service Agency shall serve on the committee as ex 6.32 officio nonvoting members. 6.33 (c) The advisory committee shall elect a chair and a 6.34 vice-chair from its members. The department and the agency 6.35 shall provide staff support to the committee. 6.36 (d) The commissioner of agriculture and the commissioner of 7.1 the pollution control agency shall consult with the advisory 7.2 committee during the development of any policies, rules, or 7.3 funding proposals or recommendations relating to feedlots or 7.4 feedlot-related manure management. 7.5 (e) The commissioner of agriculture shall consult with the 7.6 advisory committee on establishing a list of manure management 7.7 research needs and priorities. 7.8 (f) The advisory committee shall advise the commissioners 7.9 on other appropriate matters. 7.10 (g) Nongovernment members of the advisory committee shall 7.11 receive expenses, in accordance with section 15.059, subdivision 7.12 6. The advisory committee expires on June 30, 2003.7.13 Sec. 9. Minnesota Statutes 2002, section 18B.305, 7.14 subdivision 3, is amended to read: 7.15 Subd. 3. [PESTICIDE APPLICATOR EDUCATION AND EXAMINATION 7.16 REVIEW BOARD.] (a) The commissioner shall establish and chair a 7.17 pesticide applicator education and examination review board. 7.18 This board, consisting of 15 members, must meet at least once a 7.19 year before the initiation of pesticide educational planning 7.20 programs. The purpose of the board is to discuss topics of 7.21 current concern that can be incorporated into pesticide 7.22 applicator training sessions and appropriate examinations. This 7.23 board shall review and evaluate the various educational programs 7.24 recently conducted and recommend options to increase overall 7.25 effectiveness. 7.26 (b) Membership on this board must include applicators 7.27 representing various licensing categories, such as agriculture, 7.28 turf and ornamental, aerial, aquatic, and structural pest 7.29 control and private pesticide applicators, and other 7.30 governmental agencies, including the University of Minnesota, 7.31 the pollution control agency, department of health, department 7.32 of natural resources, and department of transportation. 7.33 (c) Membership on the board must include representatives 7.34 from environmental protection organizations. 7.35 (d) This board shall review licensing and certification 7.36 requirements for private, commercial, and noncommercial 8.1 applicators. This board shall review category requirements and 8.2 provide recommendations to the commissioner. This board expires8.3 on June 30, 2003.8.4 Sec. 10. Minnesota Statutes 2002, section 21.112, 8.5 subdivision 2, is amended to read: 8.6 Subd. 2. [ADVISORY SEED POTATO CERTIFICATION TASK FORCE.] 8.7 The commissioner may appoint an advisory seed potato 8.8 certification task force. If the task force is appointed each 8.9 member shall be a grower in Minnesota of certified seed potatoes. 8.10 The terms, compensation and removal of members shall be as 8.11 provided in section 15.059. The task force shall expire June8.12 30, 2003.8.13 Sec. 11. Minnesota Statutes 2002, section 31.95, 8.14 subdivision 3a, is amended to read: 8.15 Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota 8.16 grown organic product that is labeled "certified" must be 8.17 certified by a designated certification organization. 8.18 (b) A certified organic product sold in this state must be 8.19 certified by a designated certification organization or by a 8.20 certification organization approved by the commissioner. Before 8.21 approving a certification organization, the commissioner must 8.22 seek the evaluation and recommendation of the Minnesota organic 8.23 advisory task force. 8.24 (c) The commissioner shall appoint a Minnesota organic 8.25 advisory task force to advise the commissioner on policies and 8.26 practices to improve organic agriculture in Minnesota. The task 8.27 force shall consist of the following residents of the state: 8.28 (1) three farmers using organic agriculture methods; 8.29 (2) one organic food retailer or distributor; 8.30 (3) one representative of organic food certification 8.31 agencies; 8.32 (4) one organic food processor; 8.33 (5) one representative from the Minnesota extension 8.34 service; 8.35 (6) one representative from an environmental nonprofit 8.36 organization; 9.1 (7) two at-large members; and 9.2 (8) one representative from the agricultural utilization 9.3 research institute. 9.4 Terms, compensation, and removal of members are governed by 9.5 section 15.059, subdivision 6. The task force must meet at 9.6 least twice each year and expires on June 30, 2003. 9.7 Sec. 12. Minnesota Statutes 2002, section 43A.318, 9.8 subdivision 1, is amended to read: 9.9 Subdivision 1. [DEFINITIONS.] (a) [SCOPE.] For the 9.10 purposes of this section, the terms defined have the meaning 9.11 given them. 9.12 (b) [ADVISORY COMMITTEE; COMMITTEE.] "Advisory committee"9.13 or "committee" means the committee created under subdivision 3.9.14 (c) [COMMITTEE MEMBER; MEMBER.] "Committee member" or9.15 "member" means a person serving on the advisory committee9.16 created under subdivision 3.9.17 (d)[ELIGIBLE PERSON.] "Eligible person" means: 9.18 (1) a person who is eligible for insurance and benefits 9.19 under section 43A.24; 9.20 (2) a person who at the time of separation from employment 9.21 was eligible to purchase coverage at personal expense under 9.22 section 43A.27, subdivision 3, regardless of whether the person 9.23 elected to purchase this coverage; 9.24 (3) a spouse of a person described in clause (1) or (2), 9.25 regardless of the enrollment status in the program of the person 9.26 described in clause (1) or (2); or 9.27 (4) a parent of a person described in clause (1), 9.28 regardless of the enrollment status in the program of the person 9.29 described in clause (1). 9.30 (e)(c) [PROGRAM.] "Program" means the statewide public 9.31 employees long-term care insurance program created under 9.32 subdivision 2. 9.33 (f)(d) [QUALIFIED VENDOR.] "Qualified vendor" means an 9.34 entity licensed or authorized to underwrite, provide, or 9.35 administer group long-term care insurance benefits in this state. 9.36 Sec. 13. Minnesota Statutes 2002, section 79A.02, 10.1 subdivision 1, is amended to read: 10.2 Subdivision 1. [MEMBERSHIP.] For the purposes of assisting 10.3 the commissioner, there is established a workers' compensation 10.4 self-insurers' advisory committee of five members that are 10.5 employers authorized to self-insure in Minnesota. Three of the 10.6 members and three alternates shall be elected by the 10.7 self-insurers' security fund board of trustees and two members 10.8 and two alternates shall be appointed by the 10.9 commissioner. Notwithstanding section 15.059, subdivision 5a,10.10 the advisory committee does not expire June 30, 2001.10.11 Sec. 14. Minnesota Statutes 2002, section 115.41, 10.12 subdivision 1, is amended to read: 10.13 Subdivision 1. [APPLICABILITY.] The definitions given in 10.14 this section shall obtain for the purposes of sections 115.41 to 10.15 115.54115.53, except as otherwise expressly provided or 10.16 indicated by the context. 10.17 Sec. 15. Minnesota Statutes 2002, section 115.42, is 10.18 amended to read: 10.19 115.42 [POLICY; LONG-RANGE PLAN; PURPOSE.] 10.20 It is the policy of the state to provide for the 10.21 prevention, control, and abatement of pollution of all waters of 10.22 the state, so far as feasible and practical, in furtherance of 10.23 conservation of such waters and protection of the public health 10.24 and in furtherance of the development of the economic welfare of 10.25 the state. The agency shall prepare a long-range plan and 10.26 program for the effectuation of said policy, and shall make a 10.27 report of progress thereon to the legislature by November 15 of 10.28 each even numbered year, with recommendations for action in 10.29 furtherance of such program during the ensuing biennium. It is 10.30 the purpose of sections 115.41 to 115.54115.53 to safeguard the 10.31 waters of the state from pollution by: (a) preventing any new 10.32 pollution; and (b) abating pollution existing when sections 10.33 115.41 to 115.54115.53 become effective, under a program 10.34 consistent with the declaration of policy above stated. 10.35 Sec. 16. Minnesota Statutes 2002, section 115.43, 10.36 subdivision 2, is amended to read: 11.1 Subd. 2. Acting within the scope of the policy and 11.2 purposes of sections 115.41 to 115.54155.53, the agency may 11.3 adopt, promulgate, amend, or rescind rules in the manner 11.4 provided by law, as may be necessary or proper to carry into 11.5 effect the provisions of sections 115.41 to 115.54155.53. 11.6 Sec. 17. Minnesota Statutes 2002, section 115.44, 11.7 subdivision 2, is amended to read: 11.8 Subd. 2. [CLASSIFICATION AND STANDARDS.] In order to 11.9 attain the objectives of sections 115.41 to 115.54155.53, the 11.10 agency after proper study, and after conducting public hearing 11.11 upon due notice, shall, as soon as practicable, group the 11.12 designated waters of the state into classes, and adopt 11.13 classifications and standards of purity and quality therefor. 11.14 Such classification shall be made in accordance with 11.15 considerations of best usage in the interest of the public and 11.16 with regard to the considerations mentioned in subdivision 3 11.17 hereof. 11.18 Sec. 18. Minnesota Statutes 2002, section 115.45, 11.19 subdivision 1, is amended to read: 11.20 Subdivision 1. It is the duty of every person affected to 11.21 comply with the provisions of sections 115.01 to 115.09 and 11.22 115.41 to 115.54115.53, comprising the State Water Pollution 11.23 Control Act, as now in force or hereafter amended, and all 11.24 rules, orders, and permits adopted or issued by the agency 11.25 thereunder, and to do and perform all acts and things within 11.26 that person's power required to effectuate, carry out, and 11.27 accomplish the purposes of such provisions, rules, orders, and 11.28 permits. 11.29 Sec. 19. Minnesota Statutes 2002, section 115.50, is 11.30 amended to read: 11.31 115.50 [TOWNS, POWERS TO ACT.] 11.32 For the purposes of carrying out the policy and purposes of 11.33 sections 115.01 to 115.09 and 115.41 to 115.54115.53, there is 11.34 hereby conferred upon all towns of this state the power and 11.35 authority to construct, install, acquire, maintain and operate 11.36 disposal systems and parts thereof, and to levy taxes, and 12.1 special assessments, to issue bonds and to do all other things 12.2 necessary or convenient for such construction, installation, 12.3 acquisition, maintenance and operation in the same manner and 12.4 extent and subject to the same limitations as statutory cities. 12.5 Sec. 20. Minnesota Statutes 2002, section 115.52, is 12.6 amended to read: 12.7 115.52 [SEVERABILITY.] 12.8 The provisions of sections 115.41 to 115.54115.53 shall be 12.9 severable and the invalidity of any section or subdivision or 12.10 part thereof shall not make void any other section or 12.11 subdivision or part thereof. 12.12 Sec. 21. Minnesota Statutes 2002, section 115.53, is 12.13 amended to read: 12.14 115.53 [MODIFICATION OF CLASSIFICATION OR STANDARDS.] 12.15 In any case where the agency has heretofore adopted and 12.16 established a classification or standards for any waters as then 12.17 provided by law, the agency, at any hearing held pursuant to the 12.18 provisions of this section for the purpose of modification, 12.19 alteration, or amendment of such classification or standards or 12.20 the adoption and establishment of any classification or 12.21 standards for the same waters or any part thereof as required by 12.22 sections 115.41 to 115.54115.53, may receive and consider for 12.23 any such purpose any testimony received at such previous 12.24 hearing, as reported in the stenographic transcript thereof, and 12.25 any exhibits received at such previous hearing, which are 12.26 relevant, with like force and effect and subject to like 12.27 objections, if any, as if such testimony or exhibits had been 12.28 produced at the hearing hereunder, together with any further 12.29 testimony or exhibits which may be submitted and received at the 12.30 hearing hereunder. 12.31 Sec. 22. Minnesota Statutes 2002, section 115A.072, 12.32 subdivision 1, is amended to read: 12.33 Subdivision 1. [ENVIRONMENTAL EDUCATION ADVISORY BOARD.] 12.34 (a) The director shall provide for the development and 12.35 implementation of environmental education programs that are 12.36 designed to meet the goals listed in section 115A.073. 13.1 (b) The environmental education advisory board shall advise 13.2 the director in carrying out the director's responsibilities 13.3 under this section. The board consists of 20 members as follows: 13.4 (1) a representative of the pollution control agency, 13.5 appointed by the commissioner of the agency; 13.6 (2) a representative of the department of children, 13.7 families, and learning, appointed by the commissioner of 13.8 children, families, and learning; 13.9 (3) a representative of the department of agriculture, 13.10 appointed by the commissioner of agriculture; 13.11 (4) a representative of the department of health, appointed 13.12 by the commissioner of health; 13.13 (5) a representative of the department of natural 13.14 resources, appointed by the commissioner of natural resources; 13.15 (6) a representative of the board of water and soil 13.16 resources, appointed by that board; 13.17 (7) a representative of the environmental quality board, 13.18 appointed by that board; 13.19 (8) a representative of the board of teaching, appointed by 13.20 that board; 13.21 (9) a representative of the University of Minnesota 13.22 extension service, appointed by the director of the service; 13.23 (10) a citizen member from each congressional district, of 13.24 which two must be licensed teachers currently teaching in the 13.25 K-12 system, appointed by the director; and 13.26 (11) three at-large citizen members, appointed by the 13.27 director. 13.28 The citizen members shall serve two-year terms. Compensation of 13.29 board members is governed by section 15.059, subdivision 6. The13.30 board expires on June 30, 2003.13.31 Sec. 23. Minnesota Statutes 2002, section 115A.12, is 13.32 amended to read: 13.33 115A.12 [ADVISORY COUNCILS.] 13.34 (a) The director shall establish a solid waste management 13.35 advisory council and a prevention, reduction, and recycling 13.36 advisory council that are broadly representative of the 14.1 geographic areas and interests of the state. 14.2 (b) The solid waste council shall have not less than nine 14.3 nor more than 21 members. The membership of the solid waste 14.4 council shall consist of one-third citizen representatives, 14.5 one-third representatives from local government units, and 14.6 one-third representatives from private solid waste management 14.7 firms. The solid waste council shall contain at least three 14.8 members experienced in the private recycling industry and at 14.9 least one member experienced in each of the following areas: 14.10 state and municipal finance; solid waste collection, processing, 14.11 and disposal; and solid waste reduction and resource recovery. 14.12 (c) The prevention, reduction, and recycling advisory 14.13 council shall have not less than nine nor more than 24 members. 14.14 The membership shall consist of one-third citizen 14.15 representatives, one-third representatives of government, and 14.16 one-third representatives of business and industry. The 14.17 director may appoint nonvoting members from other environmental 14.18 and business assistance providers in the state. 14.19 (d) The chairs of the advisory councils shall be appointed 14.20 by the director. The director shall provide administrative and 14.21 staff services for the advisory councils. The advisory councils 14.22 shall have such duties as are assigned by law or the director. 14.23 The solid waste advisory council shall make recommendations to 14.24 the office on its solid waste management activities. The 14.25 prevention, reduction, and recycling advisory council shall make 14.26 recommendations to the office on policy, programs, and 14.27 legislation in pollution prevention, waste reduction, reuse and 14.28 recycling, resource conservation, and the management of 14.29 hazardous waste. Members of the advisory councils shall serve 14.30 without compensation but shall be reimbursed for their 14.31 reasonable expenses as determined by the director. 14.32 Notwithstanding section 15.059, subdivision 5, the solid waste14.33 management advisory council and the prevention, reduction, and14.34 recycling advisory council expire June 30, 2003.14.35 Sec. 24. Minnesota Statutes 2002, section 115A.9651, 14.36 subdivision 2, is amended to read: 15.1 Subd. 2. [DEFINITIONS.] (a) For the purposes of this 15.2 section, the following terms have the meanings given them. 15.3 (b) "Council" means the council established under15.4 subdivision 5.15.5 (c)"Essential product" means a specified product into 15.6 which the introduction of a listed metal is required under 15.7 military specifications or to ensure the integrity of a product 15.8 essential for aviation or railroad safety, and which is being 15.9 used only in that application. 15.10 (d)(c) "Intentionally introduce" means to deliberately use 15.11 a listed metal as an element during manufacture or distribution 15.12 of a specified product. Intentional introduction does not 15.13 include the incidental presence of a listed metal. 15.14 (e)(d) "Listed metal" means lead, cadmium, mercury, or 15.15 hexavalent chromium. 15.16 (f)(e) "Listed product" means a specified product that is 15.17 included on the prohibited products list published under 15.18 subdivision 4. 15.19 (g)(f) "New product" means a specified product which was 15.20 not used, sold, or distributed in the state before July 2, 1998, 15.21 or which has been reformulated so that it contains more of a 15.22 listed metal. 15.23 (h)(g) "Official" means an officer of a corporation, a 15.24 general partner of a partnership or limited partnership, a sole 15.25 proprietor, or, in the case of any other entity, a person with 15.26 high level management responsibilities. 15.27 (i)(h) "Specified product" means an ink, dye, pigment, 15.28 paint, or fungicide into which a listed metal has been 15.29 intentionally introduced or in which the incidental presence of 15.30 a listed metal exceeds a concentration of 100 parts per million. 15.31 Sec. 25. Minnesota Statutes 2002, section 115A.9651, 15.32 subdivision 8, is amended to read: 15.33 Subd. 8. [NEW PRODUCTS; CRITERIA FOR REVIEW.] (a) After 15.34 July 1, 1998, but before July 1, 2005, no person shall sell, 15.35 distribute, or offer for sale in this state a new product prior 15.36 to the manufacturer or user submitting a product review report 16.1 and fee specified in subdivision 6. 16.2 (b) The councilcommissioner shall review reports submitted 16.3 under this subdivision and provide advice to the commissioner.16.4 The council's advice to the commissioner under this subdivision16.5 shall be based on an evaluation ofevaluate the environmental 16.6 impact of the product and the ability of the manufacturer or 16.7 user to reduce or eliminate the listed metal. Before making a16.8 recommendation that the commissioner taketaking action under 16.9 subdivision 9, the councilcommissioner must conclude that: 16.10 (1) there is an alternative to the specified product that 16.11 does not contain the listed metal that performs the same 16.12 technical function, is commercially available, and is 16.13 economically practicable, and replacement of the product with 16.14 the alternative will result in an environmental benefit in the 16.15 state; or 16.16 (2) if there is no alternative to the new product, that the 16.17 use of the listed metal in the new product presents a 16.18 significant threat to the safe and efficient operation of waste 16.19 facilities, or use of the listed metal does not increase the 16.20 useful life span of the new product, reduce the overall toxicity 16.21 of the final product or of material used in production of the 16.22 final product, or otherwise provide a net environmental benefit 16.23 to the state. 16.24 (c) Notwithstanding subdivision 5, paragraph (f), where the16.25 commissioner determines that a new product subject to paragraph16.26 (a) is sufficiently similar to a product or products previously16.27 reviewed by the council, the commissioner may authorize the16.28 permanent members of the council to perform the duties16.29 established in paragraph (b) without the appointment of16.30 temporary members. In performing those duties, the council16.31 shall utilize information gathered in any previous review of a16.32 similar product or products.16.33 (d)Beginning July 1, 2005, no person shall sell, 16.34 distribute, or offer for sale in this state a new product 16.35 without the commissioner's approval. A person seeking approval 16.36 of a new product shall submit a product review report including 17.1 the information and fee specified in subdivision 6. The 17.2 commissioner shall not approve the new product unless the 17.3 commissioner determines that it meets the criteria in paragraph 17.4 (b). The commissioner shall make a determination within six 17.5 months of receipt of a complete request. 17.6 Sec. 26. Minnesota Statutes 2002, section 115A.9651, 17.7 subdivision 9, is amended to read: 17.8 Subd. 9. [AUTHORITY OF COMMISSIONER.] (a) The commissioner 17.9 may , upon the recommendation of the council,prohibit the 17.10 distribution for sale or use in this state of a specified 17.11 product that is not an essential product. 17.12 (b) Before taking action under this subdivision, the 17.13 commissioner must conclude that: 17.14 (1) there is an alternative to the specified product that 17.15 does not contain the listed metal that performs the same 17.16 technical function, is commercially available, and is 17.17 economically practicable, and replacement of the product with 17.18 the alternative will result in an environmental benefit to the 17.19 state; or 17.20 (2) if there is no alternative to the new product, that the 17.21 use of the listed metal in the new product presents a 17.22 significant threat to the safe and efficient operation of waste 17.23 facilities, or use of the listed metal does not increase the 17.24 useful life span of the new product, reduce the overall toxicity 17.25 of the final product or of material used in production of the 17.26 final product, or otherwise provide a net environmental benefit 17.27 to the state. 17.28 (c) If the commissioner fails to take action under this17.29 subdivision as recommended by the council, the commissioner17.30 shall submit a report to the legislature explaining the reasons17.31 for not taking such action.17.32 (d) The commissioner shall provide the legislature a report17.33 and recommendations based on any report prepared by the council17.34 under subdivision 5, paragraph (c), clause (2).17.35 Sec. 27. Minnesota Statutes 2002, section 115A.9651, 17.36 subdivision 11, is amended to read: 18.1 Subd. 11. [RULEMAKING AUTHORITY.] (a) The pollution 18.2 control agency may adopt, amend, suspend, and repeal rules to 18.3 implement this section. 18.4 (b) Publication of notice under subdivision 5, paragraph18.5 (g), shall be deemed to satisfy the requirements of section18.6 126.96.36.199 (c) The commissioner may adopt a council recommendation18.8 under subdivision 5 as the agency's statement of need and18.9 reasonableness. A recommendation adopted in this manner shall18.10 be deemed to satisfy any content requirements for a statement of18.11 need and reasonableness imposed by law.18.12 (d)Any hearings on rules adopted under this section shall 18.13 be conducted in accordance with sections 14.14 to 14.20 and 18.14 address whether the rule meets the standards for review under 18.15 which the judge is required to approve or disapprove the rule. 18.16 (e)(c) Section 14.125 does not apply to the agency's 18.17 rulemaking authority under this section. 18.18 (f)(d) A rule adopted under this section is effective 18.19 until repealed by the agency. 18.20 Sec. 28. Minnesota Statutes 2002, section 119A.35, 18.21 subdivision 1, is amended to read: 18.22 Subdivision 1. [GENERALLY.] The advisory council is 18.23 established under section 15.059 to advise the commissioner on 18.24 the implementation and continued operations of sections 119A.10 18.25 to 119A.16 and 119A.20 to 119A.22. The council shall expire18.26 June 30, 2005.18.27 Sec. 29. Minnesota Statutes 2002, section 124D.10, 18.28 subdivision 2a, is amended to read: 18.29 Subd. 2a. [CHARTER SCHOOL ADVISORY COUNCIL.] (a)A charter 18.30 school advisory council is established under section 15.059. 18.31 The advisory council is composed of seven members from 18.32 throughout the state who have demonstrated experience with or 18.33 interest in charter schools. The advisory council shall bring 18.34 to the attention of the commissioner any matters related to 18.35 charter schools that the council deems necessary and shall: 18.36 (1) encourage school boards to make full use of charter 19.1 school opportunities; 19.2 (2) encourage the creation of innovative schools; 19.3 (3) provide leadership and support for charter school 19.4 sponsors to increase the innovation in and the effectiveness, 19.5 accountability, and fiscal soundness of charter schools; 19.6 (4) serve an ombudsman function in facilitating the 19.7 operations of new and existing charter schools; 19.8 (5) promote timely financial management training for newly 19.9 elected members of a charter school board of directors and 19.10 ongoing training for other members of a charter school board of 19.11 directors; 19.12 (6) review charter school applications and recommend 19.13 approving or disapproving the applications; and 19.14 (7) facilitate compliance with auditing and other reporting 19.15 requirements. The advisory council shall refer all its 19.16 proposals to the commissioner who shall provide time for reports 19.17 from the council. 19.18 (b) The charter school advisory council under this19.19 subdivision expires June 30, 2003.19.20 Sec. 30. Minnesota Statutes 2002, section 124D.84, 19.21 subdivision 2, is amended to read: 19.22 Subd. 2. [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota 19.23 Indian scholarship committee is established. The commissioner 19.24 must appoint members with the assistance of the Indian affairs 19.25 council as provided in section 3.922, subdivision 6. Members 19.26 shall be reimbursed for expenses as provided in section 15.059, 19.27 subdivision 6. The commissioner shall determine the membership 19.28 terms and duration of the committee , which expires no later than19.29 June 30, 2001. The committee shall provide advice to the 19.30 commissioner in awarding scholarships to eligible American 19.31 Indian students and in administering the commissioner's duties 19.32 regarding awarding of American Indian postsecondary preparation 19.33 grants to school districts. 19.34 Sec. 31. Minnesota Statutes 2002, section 124D.892, 19.35 subdivision 3, is amended to read: 19.36 Subd. 3. [ADVISORY BOARD.] The commissioner shall 20.1 establish an advisory board composed of: 20.2 (1) nine superintendents, eight of whom are selected by the 20.3 superintendents of the school districts located in whole or in 20.4 part within each of the eight metropolitan districts established 20.5 under section 473.123, subdivision 3c, and one who is from a 20.6 district outside the seven-county metropolitan area that is 20.7 considered racially isolated or that has a racially isolated 20.8 school site according to Minnesota Rules, part 3535.0110; 20.9 (2) one person each selected by the Indian affairs council, 20.10 the council on Asian-Pacific Minnesotans, the council on Black 20.11 Minnesotans, and the council on affairs of Chicano/Latino 20.12 people; and 20.13 (3) the superintendent of independent school district No. 20.14 709, Duluth. 20.15 The advisory board shall advise the office on complying 20.16 with the requirements under subdivision 1. The advisory board 20.17 may solicit comments from teachers, parents, students, and 20.18 interested community organizations and others. 20.19 The advisory board shall expire June 30, 2003.20.20 Sec. 32. Minnesota Statutes 2002, section 134.31, is 20.21 amended by adding a subdivision to read: 20.22 Subd. 6. [ADVISORY COMMITTEE.] The commissioner shall 20.23 appoint an advisory committee of five members to advise the 20.24 staff of the Minnesota library for the blind and physically 20.25 handicapped on long-range plans and library services. Members 20.26 shall be people who use the library. Section 15.059 governs 20.27 this committee. 20.28 Sec. 33. Minnesota Statutes 2002, section 147B.05, 20.29 subdivision 2, is amended to read: 20.30 Subd. 2. [ADMINISTRATION; COMPENSATION; REMOVAL; QUORUM.] 20.31 The advisory council is governed by section 15.059 , except that20.32 the council does not expire until June 30, 2003. 20.33 Sec. 34. Minnesota Statutes 2002, section 147C.35, 20.34 subdivision 2, is amended to read: 20.35 Subd. 2. [ORGANIZATION.] The advisory council shall be 20.36 organized and administered under section 15.059. The council21.1 expires June 30, 2003.21.2 Sec. 35. Minnesota Statutes 2002, section 147D.25, 21.3 subdivision 2, is amended to read: 21.4 Subd. 2. [ORGANIZATION.] The advisory council shall be 21.5 organized and administered under section 15.059. The council21.6 expires June 30, 2003.21.7 Sec. 36. Minnesota Statutes 2002, section 155A.06, 21.8 subdivision 5, is amended to read: 21.9 Subd. 5. [COMPENSATION.] Members of the council shall be 21.10 compensated for expenses as provided in section 15.059 and the21.11 council shall expire on June 30, 1997. 21.12 Sec. 37. Minnesota Statutes 2002, section 175.008, is 21.13 amended to read: 21.14 175.008 [CODE ENFORCEMENT ADVISORY COUNCIL; CREATION.] 21.15 The commissioner shall appoint an 11 member advisory 21.16 council on code enforcement. The terms, compensation, removal 21.17 of council members, and expiration of the council are governed 21.18 by section 15.059 , except that the advisory council shall not21.19 expire before June 30, 2003. The council shall advise the 21.20 commissioner on matters within the council's expertise or under 21.21 the regulation of the commissioner. 21.22 Sec. 38. Minnesota Statutes 2002, section 178.02, 21.23 subdivision 2, is amended to read: 21.24 Subd. 2. [TERMS.] The council shall expire and the terms, 21.25 compensation, and removal of appointed members shall be as 21.26 provided in section 15.059 , except that the council shall not21.27 expire before June 30, 2003. 21.28 Sec. 39. Minnesota Statutes 2002, section 182.656, 21.29 subdivision 3, is amended to read: 21.30 Subd. 3. A majority of the council members constitutes a 21.31 quorum. The council shall meet at the call of its chair, or 21.32 upon request of any six members. A tape recording of the 21.33 meeting with the tape being retained for a one-year period will 21.34 be available upon the request and payment of costs to any 21.35 interested party. The council shall expire and the terms, 21.36 compensation, and removal of members shall be as provided in 22.1 section 15.059 , except that the council shall not expire before22.2 June 30, 2003. 22.3 Sec. 40. Minnesota Statutes 2002, section 242.56, 22.4 subdivision 1, is amended to read: 22.5 Subdivision 1. [REQUESTS FOR PROPOSALS.] The commissioner 22.6 of corrections shall select two nonprofit organizations to 22.7 select and develop sites for work and learn facilities for 22.8 youth. The selection of organizations must be made in22.9 consultation with the advisory group created under subdivision22.10 3. By July 1, 1994, the commissioner shall issue a request for22.11 proposals from nonprofit organizations to locate and develop the22.12 facilities described in subdivisions 4 and 5.Both programs 22.13 will provide rigorous programming for youthful offenders. 22.14 Sec. 41. Minnesota Statutes 2002, section 256.482, 22.15 subdivision 8, is amended to read: 22.16 Subd. 8. [SUNSET.] Notwithstanding section 15.059,22.17 subdivision 5,The council on disability shall not sunset until22.18 June 30, 2003expires in accordance with section 15.059. 22.19 Sec. 42. Minnesota Statutes 2002, section 256B.093, 22.20 subdivision 1, is amended to read: 22.21 Subdivision 1. [STATE TRAUMATIC BRAIN INJURY PROGRAM.] The 22.22 commissioner of human services shall: 22.23 (1) maintain a statewide traumatic brain injury program; 22.24 (2) supervise and coordinate services and policies for 22.25 persons with traumatic brain injuries; 22.26 (3) contract with qualified agencies or employ staff to 22.27 provide statewide administrative case management and 22.28 consultation; 22.29 (4) maintain an advisory committee to provide 22.30 recommendations in reports to the commissioner regarding program 22.31 and service needs of persons with traumatic brain injuries; 22.32 (5) investigate the need for the development of rules or 22.33 statutes for the traumatic brain injury home and community-based 22.34 services waiver; 22.35 (6) investigate present and potential models of service 22.36 coordination which can be delivered at the local level; and 23.1 (7) the advisory committee required by clause (4) must 23.2 consist of no fewer than ten members and no more than 30 23.3 members. The commissioner shall appoint all advisory committee 23.4 members to one- or two-year terms and appoint one member as 23.5 chair. Notwithstanding section 15.059, subdivision 5, the23.6 advisory committee does not terminate until June 30, 2005.23.7 Sec. 43. Minnesota Statutes 2002, section 326.841, is 23.8 amended to read: 23.9 326.841 [MANUFACTURED HOME INSTALLERS.] 23.10 Manufactured home installers are subject to all of the 23.11 requirements of sections 326.83 to 326.98, except for the 23.12 following: 23.13 (1) manufactured home installers are not members of the23.14 advisory council under section 326.85;23.15 (2)manufactured home installers are not subject to the 23.16 continuing education requirements of section 326.87; 23.17 (3)(2) the examination requirement of section 326.89, 23.18 subdivision 3, for manufactured home installers shall be 23.19 satisfied by successful completion of a written examination 23.20 designed specifically for manufactured home installers. The 23.21 examination must be designed by the commissioner in conjunction 23.22 with the state building code division. The commissioner and 23.23 state building code division shall seek advice on the grading, 23.24 monitoring, and updating of examinations from the Minnesota 23.25 manufactured housing association; 23.26 (4)(3) the amount of the bond required by section 326.94 23.27 shall be $2,500 for manufactured home installers; 23.28 (5)(4) a local government unit may not place a surcharge 23.29 on a license fee, and may not charge a separate fee to 23.30 installers; 23.31 (6)(5) a dealer or distributor who does not install or 23.32 repair manufactured homes is exempt from licensure under 23.33 sections 326.83 to 326.98; and 23.34 (7)(6) the exemption under section 326.84, subdivision 3, 23.35 clause (5), does not apply. 23.36 Sec. 44. Minnesota Statutes 2002, section 611A.02, 24.1 subdivision 2, is amended to read: 24.2 Subd. 2. [VICTIMS' RIGHTS.] (a) The crime victim and24.3 witness advisory council shall develop two model notices of the24.4 rights of crime victims.24.5 (b) TheAn initial notice of the rights of crime victims 24.6 must be distributed by a peace officer to each victim, as 24.7 defined in section 611A.01, at the time of initial contact with 24.8 the victim. The notice must inform a victim of: 24.9 (1) the victim's right to apply for reparations to cover 24.10 losses, not including property losses, resulting from a violent 24.11 crime and the telephone number to call to request an 24.12 application; 24.13 (2) the victim's right to request that the law enforcement 24.14 agency withhold public access to data revealing the victim's 24.15 identity under section 13.82, subdivision 17, paragraph (d); 24.16 (3) the additional rights of domestic abuse victims as 24.17 described in section 629.341; 24.18 (4) information on the nearest crime victim assistance 24.19 program or resource; and 24.20 (5) the victim's rights, if an offender is charged, to be 24.21 informed of and participate in the prosecution process, 24.22 including the right to request restitution. 24.23 (c)(b) A supplemental notice of the rights of crime 24.24 victims must be distributed by the city or county attorney's 24.25 office to each victim, within a reasonable time after the 24.26 offender is charged or petitioned. This notice must inform a 24.27 victim of all the rights of crime victims under this chapter. 24.28 Sec. 45. Minnesota Statutes 2002, section 611A.02, 24.29 subdivision 3, is amended to read: 24.30 Subd. 3. [NOTICE OF THE RIGHTS OF VICTIMS IN JUVENILE 24.31 COURT.] (a) The crime victim and witness advisory council24.32 shallcommissioner must develop a notice of the rights of 24.33 victims in juvenile court that explains: 24.34 (1) the rights of victims in the juvenile court; 24.35 (2) when a juvenile matter is public; 24.36 (3) the procedures to be followed in juvenile court 25.1 proceedings; and 25.2 (4) other relevant matters. 25.3 (b) The juvenile court shall distribute a copy of the 25.4 notice to each victim of juvenile crime who attends a juvenile 25.5 court proceeding, along with a notice of services for victims 25.6 available in that judicial district. 25.7 Sec. 46. Minnesota Statutes 2002, section 611A.07, 25.8 subdivision 1, is amended to read: 25.9 Subdivision 1. [GENERALLY.] The commissioner of 25.10 corrections, after considering the recommendations of the25.11 advisory council on battered women and domestic abuse and the25.12 sexual assault advisory council, andin collaboration with the 25.13 commissioner of public safety, shall adopt standards governing 25.14 electronic monitoring devices used to protect victims of 25.15 domestic abuse. In developing proposed standards, the 25.16 commissioner shall consider the experience of the courts in the 25.17 tenth judicial district in the use of the devices to protect 25.18 victims of domestic abuse. These standards shall promote the 25.19 safety of the victim and shall include measures to avoid the 25.20 disparate use of the device with communities of color, product 25.21 standards, monitoring agency standards, and victim disclosure 25.22 standards. 25.23 Sec. 47. Minnesota Statutes 2002, section 611A.32, 25.24 subdivision 2, is amended to read: 25.25 Subd. 2. [APPLICATIONS.] Any public or private nonprofit 25.26 agency may apply to the commissioner for a grant to provide 25.27 emergency shelter services to battered women, support services 25.28 to domestic abuse victims, or both, to battered women and their 25.29 children. The application shall be submitted in a form approved 25.30 by the commissioner by rule adopted under chapter 14 , after25.31 consultation with the advisory council,and shall include: 25.32 (1) a proposal for the provision of emergency shelter 25.33 services for battered women, support services for domestic abuse 25.34 victims, or both, for battered women and their children; 25.35 (2) a proposed budget; 25.36 (3) evidence of an ability to integrate into the proposed 26.1 program the uniform method of data collection and program 26.2 evaluation established under sectionssection 611A.33 and26.3 611A.34; 26.4 (4) evidence of an ability to represent the interests of 26.5 battered women and domestic abuse victims and their children to 26.6 local law enforcement agencies and courts, county welfare 26.7 agencies, and local boards or departments of health; 26.8 (5) evidence of an ability to do outreach to unserved and 26.9 underserved populations and to provide culturally and 26.10 linguistically appropriate services; and 26.11 (6) any other content the commissioner may require by rule 26.12 adopted under chapter 14 , after considering the recommendations26.13 of the advisory council. 26.14 Programs which have been approved for grants in prior years 26.15 may submit materials which indicate changes in items listed in 26.16 clauses (1) to (6), in order to qualify for renewal funding. 26.17 Nothing in this subdivision may be construed to require programs 26.18 to submit complete applications for each year of renewal funding. 26.19 Sec. 48. Minnesota Statutes 2002, section 611A.33, is 26.20 amended to read: 26.21 611A.33 [DUTIES OF COMMISSIONER.] 26.22 The commissioner shall: 26.23 (1) review applications for and award grants to a program 26.24 pursuant to section 611A.32, subdivision 1 , after considering26.25 the recommendation of the advisory council; 26.26 (2) appoint the members of the advisory council created26.27 under section 611A.34, and provide consultative staff and other26.28 administrative services to the advisory council;26.29 (3) after considering the recommendation of the advisory26.30 council,appoint a program director to perform the duties set 26.31 forth in section 611A.35; 26.32 (4)(3) design and implement a uniform method of collecting 26.33 data on domestic abuse victims to be used to evaluate the 26.34 programs funded under section 611A.32; 26.35 (5)(4) provide technical aid to applicants in the 26.36 development of grant requests and provide technical aid to 27.1 programs in meeting the data collection requirements established 27.2 by the commissioner; and 27.3 (6)(5) adopt, under chapter 14, all rules necessary to 27.4 implement the provisions of sections 611A.31 to 611A.36. 27.5 Sec. 49. Minnesota Statutes 2002, section 611A.35, is 27.6 amended to read: 27.7 611A.35 [ ADVISORY COUNCIL ONBATTERED WOMEN AND DOMESTIC 27.8 ABUSE PROGRAM DIRECTOR.] 27.9 The commissioner shall appoint a program director. In27.10 appointing the program director the commissioner shall give due27.11 consideration to the list of applicants submitted to the27.12 commissioner pursuant to section 611A.34, subdivision 3, clause27.13 (3).The program director shall administer the funds 27.14 appropriated for sections 611A.31 to 611A.36 , consult with and27.15 provide staff to the advisory council,and perform other duties 27.16 related to battered women's and domestic abuse programs as the 27.17 commissioner may assign. The program director shall serve at 27.18 the pleasure of the commissioner in the unclassified service. 27.19 Sec. 50. Minnesota Statutes 2002, section 611A.36, 27.20 subdivision 1, is amended to read: 27.21 Subdivision 1. [FORM PRESCRIBED.] The commissioner shall, 27.22 by rule adopted under chapter 14, after considering the27.23 recommendations of the advisory council,prescribe a uniform 27.24 form and method for the collection of data on domestic abuse 27.25 victims. The method and form of data collection shall be 27.26 designed to document the incidence of assault on domestic abuse 27.27 victims as defined in section 611A.31, subdivision 2. All data 27.28 collected by the commissioner pursuant to this section shall be 27.29 summary data within the meaning of section 13.02, subdivision 19. 27.30 Sec. 51. Minnesota Statutes 2002, section 611A.55, is 27.31 amended to read: 27.32 611A.55 [CRIME VICTIMS REPARATIONS BOARD.] 27.33 Subdivision 1. There is created in the department of 27.34 public safety, for budgetary and administrative purposes, the 27.35 crime victims reparations board, which shall consist of five 27.36 members appointed by the commissioner of public safety and28.1 selected from among the membership of the crime victim and28.2 witness advisory council created in section 611A.71. One of the 28.3 members shall be designated as chair by the commissioner of 28.4 public safety and serve as such at the commissioner's pleasure. 28.5 At least one member shall be a medical or osteopathic physician 28.6 licensed to practice in this state, and at least one member 28.7 shall be a victim, as defined in section 611A.01. 28.8 Subd. 2. The membership terms, compensation, removal of 28.9 members, and filling of vacancies on the board shall be as 28.10 provided in section 15.0575. Members of the board who are also28.11 members of the crime victim and witness advisory council created28.12 in section 611A.71 shall not be compensated while performing28.13 duties for the advisory council.28.14 Subd. 3. Members of the board shall serve part time. 28.15 Sec. 52. Minnesota Statutes 2002, section 629.342, 28.16 subdivision 2, is amended to read: 28.17 Subd. 2. [POLICIES REQUIRED.] (a) By July 1, 1993, each 28.18 law enforcement agency shall develop, adopt, and implement a 28.19 written policy regarding arrest procedures for domestic abuse 28.20 incidents. In the development of a policy, each law enforcement 28.21 agency shall consult with domestic abuse advocates, community 28.22 organizations, and other law enforcement agencies with expertise 28.23 in the recognition and handling of domestic abuse incidents. 28.24 The policy shall discourage dual arrests, include consideration 28.25 of whether one of the parties acted in self defense, and provide 28.26 guidance to officers concerning instances in which officers 28.27 should remain at the scene of a domestic abuse incident until 28.28 the likelihood of further imminent violence has been eliminated. 28.29 (b) The bureau of criminal apprehension ,and the board of 28.30 peace officer standards and training, and the advisory council28.31 on battered women and domestic abuse appointed by the28.32 commissioner of corrections under section 611A.34,in 28.33 consultation with the Minnesota chiefs of police association, 28.34 the Minnesota sheriffs association, and the Minnesota police and 28.35 peace officers association, shall develop a written model policy 28.36 regarding arrest procedures for domestic abuse incidents for use 29.1 by local law enforcement agencies. Each law enforcement agency 29.2 may adopt the model policy in lieu of developing its own policy 29.3 under the provisions of paragraph (a). 29.4 (c) Local law enforcement agencies that have already 29.5 developed a written policy regarding arrest procedures for 29.6 domestic abuse incidents before July 1, 1992, are not required 29.7 to develop a new policy but must review their policies and 29.8 consider the written model policy developed under paragraph (b). 29.9 Sec. 53. [REPEALER.] 29.10 Minnesota Statutes 2002, sections 16B.055; 43A.317, 29.11 subdivision 4; 43A.318, subdivision 3; 62J.15, subdivision 1; 29.12 62J.692, subdivision 2; 82B.02, subdivision 6; 82B.05; 82B.06; 29.13 84.0887, subdivision 4; 115.54; 115A.9651, subdivision 5; 29.14 119A.42, subdivision 4; 124D.80; 136A.031, subdivision 5; 29.15 145A.16; 161.1419, subdivision 8; 174.55; 176.102, subdivision 29.16 3; 242.56, subdivision 3; 245.71, subdivision 2; 252.282, 29.17 subdivision 4; 254A.04; 256B.0629; 256B.55, subdivision 5; 29.18 268.361, subdivision 3; 268.363; 299A.293; 326.41; 326.85; 29.19 611A.201, subdivision 3; 611A.202; 611A.25; 611A.34; 611A.345; 29.20 611A.361; 611A.675; 611A.70; 611A.71; 626.8441, subdivision 2; 29.21 and 626.9513; and Laws 2001, First Special Session chapter 3, 29.22 article 4, section 2, are repealed. 29.23 Sec. 54. [EFFECTIVE DATE.] 29.24 Sections 1 to 53 are effective June 30, 2003.