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HF 1174

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  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 15.059, subdivision 5; 
  1.5             16B.053; 16B.181, subdivision 2; 16B.27, subdivision 
  1.6             3; 16B.76, subdivision 1; 16C.17, subdivision 2; 
  1.7             17.136; 18B.305, subdivision 3; 21.112, subdivision 2; 
  1.8             31.95, subdivision 3a; 43A.318, subdivision 1; 79A.02, 
  1.9             subdivision 1; 115.41, subdivision 1; 115.42; 115.43, 
  1.10            subdivision 2; 115.44, subdivision 2; 115.45, 
  1.11            subdivision 1; 115.50; 115.52; 115.53; 115A.072, 
  1.12            subdivision 1; 115A.12; 115A.9651, subdivisions 2, 8, 
  1.13            9, 11; 119A.35, subdivision 1; 124D.10, subdivision 
  1.14            2a; 124D.892, subdivision 3; 134.31, by adding a 
  1.15            subdivision; 147B.05, subdivision 2; 147C.35, 
  1.16            subdivision 2; 147D.25, subdivision 2; 155A.06, 
  1.17            subdivision 5; 175.008; 178.02, subdivision 2; 
  1.18            182.656, subdivision 3; 214.32, subdivision 1; 242.56, 
  1.19            subdivision 1; 254A.035, subdivision 2; 254A.04; 
  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; 611A.675; 
  1.24            629.342, subdivision 2; repealing Minnesota Statutes 
  1.25            2002, sections 16B.055; 28A.20, subdivision 6; 
  1.26            43A.317, subdivision 4; 43A.318, subdivision 3; 
  1.27            62J.15, subdivision 1; 62J.692, subdivision 2; 82B.02, 
  1.28            subdivision 6; 82B.05; 82B.06; 84.0887, subdivision 4; 
  1.29            115.54; 115A.9651, subdivision 5; 119A.42, subdivision 
  1.30            4; 124D.80; 124D.84, subdivision 2; 136A.031, 
  1.31            subdivision 5; 145A.16; 161.1419, subdivision 8; 
  1.32            174.55; 176.102, subdivision 3; 242.56, subdivision 3; 
  1.33            252.282, subdivision 4; 256B.0629; 256B.55, 
  1.34            subdivision 5; 268.361, subdivision 3; 268.363; 
  1.35            299A.293; 326.41; 326.85; 611A.201, subdivision 3; 
  1.36            611A.202; 611A.25; 611A.34; 611A.345; 611A.361; 
  1.37            611A.70; 611A.71; 626.8441, subdivision 2; 626.9513; 
  1.38            Laws 2001 First Special Session chapter 3, article 4, 
  1.39            section 2. 
  1.41     Section 1.  Minnesota Statutes 2002, section 15.059, 
  1.42  subdivision 5, is amended to read: 
  2.1      Subd. 5.  [EXPIRATION DATE.] (a) Unless a different date is 
  2.2   specified by law, the existence of each advisory council and 
  2.3   committee expires on the date specified in the law establishing 
  2.4   the group or on June 30, 2003 2006, whichever is sooner.  This 
  2.5   subdivision applies whether or not the law establishing the 
  2.6   group provides that the group is governed by this section. 
  2.7      (b) An advisory council or committee does not expire in 
  2.8   accordance with paragraph (a) if it: 
  2.9      (1) is an occupational licensure advisory group to a 
  2.10  licensing board or agency; 
  2.11     (2) administers and awards grants; or 
  2.12     (3) is required by federal law or regulation. 
  2.13     Sec. 2.  Minnesota Statutes 2002, section 16B.053, is 
  2.14  amended to read: 
  2.15     16B.053 [GRANTS.] 
  2.16     The commissioner may apply for, receive, and expend money 
  2.17  made available from federal or other sources for the purposes of 
  2.18  carrying out the duties and responsibilities of the commissioner 
  2.19  under sections section 16B.054 and 16B.055. 
  2.20     All moneys received by the commissioner under sections 
  2.21  section 16B.054 and 16B.055 must be deposited in the state 
  2.22  treasury and are appropriated to the commissioner for the 
  2.23  purpose for which the moneys are received.  The money does not 
  2.24  cancel and is available until expended. 
  2.25     Sec. 3.  Minnesota Statutes 2002, section 16B.181, 
  2.26  subdivision 2, is amended to read: 
  2.28  INDUSTRIES.] (a) The commissioner of corrections, in 
  2.29  consultation with the commissioner of administration, shall 
  2.30  prepare updated lists of the items available for purchase from 
  2.31  department of corrections industries and annually forward a copy 
  2.32  of the most recent list to all public entities within the 
  2.33  state.  A public entity that is supported in whole or in part 
  2.34  with funds from the state treasury may purchase items directly 
  2.35  from corrections industries.  The bid solicitation process is 
  2.36  not required for these purchases. 
  3.1      (b) The commissioner of administration shall develop a 
  3.2   contract or contracts to enable public entities to purchase 
  3.3   items directly from corrections industries.  The commissioner of 
  3.4   administration, in consultation with the commissioner of 
  3.5   corrections, shall determine the fair market price for listed 
  3.6   items.  The commissioner of administration shall require that 
  3.7   all requests for bids or proposals, for items provided by 
  3.8   corrections industries, be forwarded to the commissioner of 
  3.9   corrections to enable corrections industries to submit bids.  
  3.10  The commissioner of corrections shall consult with the 
  3.11  commissioner of administration prior to introducing new products 
  3.12  to the state agency market. 
  3.13     (c) No public entity may evade the intent of this section 
  3.14  by adopting slight variations in specifications, when Minnesota 
  3.15  corrections industry items meet the reasonable needs and 
  3.16  specifications of the public entity. 
  3.17     (d) The commissioners of administration and corrections 
  3.18  shall develop annual performance measures outlining goals to 
  3.19  maximize inmate work program participation.  The commissioners 
  3.20  of administration and corrections shall appoint cochairs for a 
  3.21  task force whose purpose is to determine additional methods to 
  3.22  achieve the performance goals for public entity purchasing.  The 
  3.23  task force shall include representatives from the Minnesota 
  3.24  house of representatives, Minnesota senate, the Minnesota state 
  3.25  colleges and universities, University of Minnesota, Minnesota 
  3.26  League of Cities, Minnesota Association of Counties, and 
  3.27  administrators with purchasing responsibilities from the 
  3.28  Minnesota state departments of corrections, public safety, 
  3.29  finance, transportation, natural resources, human services, 
  3.30  health, and economic security.  Notwithstanding section 15.059, 
  3.31  the task force created in this paragraph expires on June 30, 
  3.32  2003. 
  3.33     (e) If performance goals for public entity purchasing are 
  3.34  not achieved in two consecutive fiscal years, public entities 
  3.35  shall purchase items available from corrections industries.  The 
  3.36  commissioner of administration shall be responsible for 
  4.1   notifying public entities of this requirement. 
  4.2      Sec. 4.  Minnesota Statutes 2002, section 16B.27, 
  4.3   subdivision 3, is amended to read: 
  4.4      Subd. 3.  [COUNCIL.] The governor's residence council 
  4.5   consists of the following 19 members:  the commissioner; the 
  4.6   spouse or a designee of the governor; the executive director of 
  4.7   the Minnesota state arts board; the director of the Minnesota 
  4.8   historical society; a member of the senate appointed pursuant to 
  4.9   the rules of the senate; a member of the house of 
  4.10  representatives appointed pursuant to the rules of the house of 
  4.11  representatives; 13 persons appointed by the governor including 
  4.12  one in the field of higher education, one member of the American 
  4.13  Society of Interior Designers, Minnesota Chapter, one member of 
  4.14  the American Institute of Architects, Minnesota chapter, one 
  4.15  member of the American Society of Landscape Architects, 
  4.16  Minnesota Chapter, one member of the family that donated the 
  4.17  governor's residence to the state, if available, and eight 
  4.18  public members with four public members' terms being coterminous 
  4.19  with the governor who appoints them.  Members of the council 
  4.20  serve without compensation.  Membership terms, removal, and 
  4.21  filling of vacancies for members appointed by the governor are 
  4.22  governed by section 15.0575.  The council shall elect a chair 
  4.23  and a secretary from among its members.  The council expires on 
  4.24  June 30, 2003. 
  4.25     Sec. 5.  Minnesota Statutes 2002, section 16B.76, 
  4.26  subdivision 1, is amended to read: 
  4.27     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
  4.28  advisory council consists of the following members: 
  4.29     (1) the commissioner of administration or the 
  4.30  commissioner's designee representing the department's building 
  4.31  codes and standards division; 
  4.32     (2) the commissioner of health or the commissioner's 
  4.33  designee representing an environmental health section of the 
  4.34  department; 
  4.35     (3) the commissioner of public safety or the commissioner's 
  4.36  designee representing the department's state fire marshal 
  5.1   division; 
  5.2      (4) the commissioner of commerce or the commissioner's 
  5.3   designee representing the department's state energy office; and 
  5.4      (5) one member representing each of the following 
  5.5   occupations or entities, appointed by the commissioner of 
  5.6   administration: 
  5.7      (i) a certified building official; 
  5.8      (ii) a fire service representative; 
  5.9      (iii) a licensed architect; 
  5.10     (iv) a licensed engineer; 
  5.11     (v) a building owners and managers representative; 
  5.12     (vi) a licensed residential building contractor; 
  5.13     (vii) a commercial building contractor; 
  5.14     (viii) a heating and ventilation contractor; 
  5.15     (ix) a plumbing contractor; 
  5.16     (x) a representative of a construction and building trades 
  5.17  union; and 
  5.18     (xi) a local unit of government representative. 
  5.19     (b) For members who are not state officials or employees, 
  5.20  terms, compensation, removal, and the filling of vacancies are 
  5.21  governed by section 15.059.  The council shall select one of its 
  5.22  members to serve as chair. 
  5.23     (c) The council expires June 30, 2003. 
  5.24     Sec. 6.  Minnesota Statutes 2002, section 16C.17, 
  5.25  subdivision 2, is amended to read: 
  5.26     Subd. 2.  [ADVISORY COUNCIL.] The small business 
  5.27  procurement advisory council consists of 13 members appointed by 
  5.28  the commissioner of administration.  A chair of the advisory 
  5.29  council shall be elected from among the members.  The 
  5.30  appointments are subject to the appointments program provided by 
  5.31  section 15.0597.  The terms, compensation, and removal of 
  5.32  members are as provided in section 15.059.  Notwithstanding 
  5.33  section 15.059, the council expires June 30, 2003. 
  5.34     Sec. 7.  Minnesota Statutes 2002, section 17.136, is 
  5.35  amended to read: 
  6.1      (a) The commissioner of agriculture and the commissioner of 
  6.2   the pollution control agency shall establish a feedlot and 
  6.3   manure management advisory committee to identify needs, goals, 
  6.4   and suggest policies for research, monitoring, and regulatory 
  6.5   activities regarding feedlot and manure management.  In 
  6.6   establishing the committee, the commissioner shall give first 
  6.7   consideration to members of the existing feedlot advisory group. 
  6.8      (b) The committee must include representation from beef, 
  6.9   dairy, pork, chicken, and turkey producer organizations.  The 
  6.10  committee shall not exceed 21 members, but, after June 30, 1999, 
  6.11  must include representatives from at least four environmental 
  6.12  organizations, eight livestock producers, four experts in soil 
  6.13  and water science, nutrient management, and animal husbandry, 
  6.14  one commercial solid manure applicator who is not a producer, 
  6.15  one commercial liquid manure applicator who is not a producer, 
  6.16  and one member from an organization representing local units of 
  6.17  government, and chairs of the senate and the house of 
  6.18  representatives committees that deal with agricultural policy or 
  6.19  the designees of the chairs.  In addition, the departments of 
  6.20  agriculture, health, and natural resources, the pollution 
  6.21  control agency, board of water and soil resources, soil and 
  6.22  water conservation districts, the federal Natural Resource 
  6.23  Conservation Service, the association of Minnesota counties, and 
  6.24  the Farm Service Agency shall serve on the committee as ex 
  6.25  officio nonvoting members. 
  6.26     (c) The advisory committee shall elect a chair and a 
  6.27  vice-chair from its members.  The department and the agency 
  6.28  shall provide staff support to the committee. 
  6.29     (d) The commissioner of agriculture and the commissioner of 
  6.30  the pollution control agency shall consult with the advisory 
  6.31  committee during the development of any policies, rules, or 
  6.32  funding proposals or recommendations relating to feedlots or 
  6.33  feedlot-related manure management. 
  6.34     (e) The commissioner of agriculture shall consult with the 
  6.35  advisory committee on establishing a list of manure management 
  6.36  research needs and priorities. 
  7.1      (f) The advisory committee shall advise the commissioners 
  7.2   on other appropriate matters. 
  7.3      (g) Nongovernment members of the advisory committee shall 
  7.4   receive expenses, in accordance with section 15.059, subdivision 
  7.5   6.  The advisory committee expires on June 30, 2003. 
  7.6      Sec. 8.  Minnesota Statutes 2002, section 18B.305, 
  7.7   subdivision 3, is amended to read: 
  7.9   REVIEW BOARD.] (a) The commissioner shall establish and chair a 
  7.10  pesticide applicator education and examination review board.  
  7.11  This board, consisting of 15 members, must meet at least once a 
  7.12  year before the initiation of pesticide educational planning 
  7.13  programs.  The purpose of the board is to discuss topics of 
  7.14  current concern that can be incorporated into pesticide 
  7.15  applicator training sessions and appropriate examinations.  This 
  7.16  board shall review and evaluate the various educational programs 
  7.17  recently conducted and recommend options to increase overall 
  7.18  effectiveness.  
  7.19     (b) Membership on this board must include applicators 
  7.20  representing various licensing categories, such as agriculture, 
  7.21  turf and ornamental, aerial, aquatic, and structural pest 
  7.22  control and private pesticide applicators, and other 
  7.23  governmental agencies, including the University of Minnesota, 
  7.24  the pollution control agency, department of health, department 
  7.25  of natural resources, and department of transportation.  
  7.26     (c) Membership on the board must include representatives 
  7.27  from environmental protection organizations. 
  7.28     (d) This board shall review licensing and certification 
  7.29  requirements for private, commercial, and noncommercial 
  7.30  applicators.  This board shall review category requirements and 
  7.31  provide recommendations to the commissioner.  This board expires 
  7.32  on June 30, 2003. 
  7.33     Sec. 9.  Minnesota Statutes 2002, section 21.112, 
  7.34  subdivision 2, is amended to read: 
  7.36  The commissioner may appoint an advisory seed potato 
  8.1   certification task force.  If the task force is appointed each 
  8.2   member shall be a grower in Minnesota of certified seed potatoes.
  8.3   The terms, compensation and removal of members shall be as 
  8.4   provided in section 15.059.  The task force shall expire June 
  8.5   30, 2003. 
  8.6      Sec. 10.  Minnesota Statutes 2002, section 31.95, 
  8.7   subdivision 3a, is amended to read: 
  8.8      Subd. 3a.  [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota 
  8.9   grown organic product that is labeled "certified" must be 
  8.10  certified by a designated certification organization.  
  8.11     (b) A certified organic product sold in this state must be 
  8.12  certified by a designated certification organization or by a 
  8.13  certification organization approved by the commissioner.  Before 
  8.14  approving a certification organization, the commissioner must 
  8.15  seek the evaluation and recommendation of the Minnesota organic 
  8.16  advisory task force. 
  8.17     (c) The commissioner shall appoint a Minnesota organic 
  8.18  advisory task force to advise the commissioner on policies and 
  8.19  practices to improve organic agriculture in Minnesota.  The task 
  8.20  force shall consist of the following residents of the state: 
  8.21     (1) three farmers using organic agriculture methods; 
  8.22     (2) one organic food retailer or distributor; 
  8.23     (3) one representative of organic food certification 
  8.24  agencies; 
  8.25     (4) one organic food processor; 
  8.26     (5) one representative from the Minnesota extension 
  8.27  service; 
  8.28     (6) one representative from an environmental nonprofit 
  8.29  organization; 
  8.30     (7) two at-large members; and 
  8.31     (8) one representative from the agricultural utilization 
  8.32  research institute.  
  8.33  Terms, compensation, and removal of members are governed by 
  8.34  section 15.059, subdivision 6.  The task force must meet at 
  8.35  least twice each year and expires on June 30, 2003. 
  8.36     Sec. 11.  Minnesota Statutes 2002, section 43A.318, 
  9.1   subdivision 1, is amended to read: 
  9.2      Subdivision 1.  [DEFINITIONS.] (a)  [SCOPE.] For the 
  9.3   purposes of this section, the terms defined have the meaning 
  9.4   given them. 
  9.5      (b)  [ADVISORY COMMITTEE; COMMITTEE.] "Advisory committee" 
  9.6   or "committee" means the committee created under subdivision 3. 
  9.7      (c)  [COMMITTEE MEMBER; MEMBER.] "Committee member" or 
  9.8   "member" means a person serving on the advisory committee 
  9.9   created under subdivision 3. 
  9.10     (d)  [ELIGIBLE PERSON.] "Eligible person" means: 
  9.11     (1) a person who is eligible for insurance and benefits 
  9.12  under section 43A.24; 
  9.13     (2) a person who at the time of separation from employment 
  9.14  was eligible to purchase coverage at personal expense under 
  9.15  section 43A.27, subdivision 3, regardless of whether the person 
  9.16  elected to purchase this coverage; 
  9.17     (3) a spouse of a person described in clause (1) or (2), 
  9.18  regardless of the enrollment status in the program of the person 
  9.19  described in clause (1) or (2); or 
  9.20     (4) a parent of a person described in clause (1), 
  9.21  regardless of the enrollment status in the program of the person 
  9.22  described in clause (1). 
  9.23     (e) (c)  [PROGRAM.] "Program" means the statewide public 
  9.24  employees long-term care insurance program created under 
  9.25  subdivision 2. 
  9.26     (f) (d)  [QUALIFIED VENDOR.] "Qualified vendor" means an 
  9.27  entity licensed or authorized to underwrite, provide, or 
  9.28  administer group long-term care insurance benefits in this state.
  9.29     Sec. 12.  Minnesota Statutes 2002, section 79A.02, 
  9.30  subdivision 1, is amended to read: 
  9.31     Subdivision 1.  [MEMBERSHIP.] For the purposes of assisting 
  9.32  the commissioner, there is established a workers' compensation 
  9.33  self-insurers' advisory committee of five members that are 
  9.34  employers authorized to self-insure in Minnesota.  Three of the 
  9.35  members and three alternates shall be elected by the 
  9.36  self-insurers' security fund board of trustees and two members 
 10.1   and two alternates shall be appointed by the 
 10.2   commissioner.  Notwithstanding section 15.059, subdivision 5a, 
 10.3   the advisory committee does not expire June 30, 2001. 
 10.4      Sec. 13.  Minnesota Statutes 2002, section 115.41, 
 10.5   subdivision 1, is amended to read: 
 10.6      Subdivision 1.  [APPLICABILITY.] The definitions given in 
 10.7   this section shall obtain for the purposes of sections 115.41 to 
 10.8   115.54 115.53, except as otherwise expressly provided or 
 10.9   indicated by the context.  
 10.10     Sec. 14.  Minnesota Statutes 2002, section 115.42, is 
 10.11  amended to read: 
 10.12     115.42 [POLICY; LONG-RANGE PLAN; PURPOSE.] 
 10.13     It is the policy of the state to provide for the 
 10.14  prevention, control, and abatement of pollution of all waters of 
 10.15  the state, so far as feasible and practical, in furtherance of 
 10.16  conservation of such waters and protection of the public health 
 10.17  and in furtherance of the development of the economic welfare of 
 10.18  the state.  The agency shall prepare a long-range plan and 
 10.19  program for the effectuation of said policy, and shall make a 
 10.20  report of progress thereon to the legislature by November 15 of 
 10.21  each even numbered year, with recommendations for action in 
 10.22  furtherance of such program during the ensuing biennium.  It is 
 10.23  the purpose of sections 115.41 to 115.54 115.53 to safeguard the 
 10.24  waters of the state from pollution by:  (a) preventing any new 
 10.25  pollution; and (b) abating pollution existing when sections 
 10.26  115.41 to 115.54 115.53 become effective, under a program 
 10.27  consistent with the declaration of policy above stated.  
 10.28     Sec. 15.  Minnesota Statutes 2002, section 115.43, 
 10.29  subdivision 2, is amended to read: 
 10.30     Subd. 2.  Acting within the scope of the policy and 
 10.31  purposes of sections 115.41 to 115.54 155.53, the agency may 
 10.32  adopt, promulgate, amend, or rescind rules in the manner 
 10.33  provided by law, as may be necessary or proper to carry into 
 10.34  effect the provisions of sections 115.41 to 115.54 155.53.  
 10.35     Sec. 16.  Minnesota Statutes 2002, section 115.44, 
 10.36  subdivision 2, is amended to read: 
 11.1      Subd. 2.  [CLASSIFICATION AND STANDARDS.] In order to 
 11.2   attain the objectives of sections 115.41 to 115.54 155.53, the 
 11.3   agency after proper study, and after conducting public hearing 
 11.4   upon due notice, shall, as soon as practicable, group the 
 11.5   designated waters of the state into classes, and adopt 
 11.6   classifications and standards of purity and quality therefor.  
 11.7   Such classification shall be made in accordance with 
 11.8   considerations of best usage in the interest of the public and 
 11.9   with regard to the considerations mentioned in subdivision 3 
 11.10  hereof.  
 11.11     Sec. 17.  Minnesota Statutes 2002, section 115.45, 
 11.12  subdivision 1, is amended to read: 
 11.13     Subdivision 1.  It is the duty of every person affected to 
 11.14  comply with the provisions of sections 115.01 to 115.09 and 
 11.15  115.41 to 115.54 115.53, comprising the State Water Pollution 
 11.16  Control Act, as now in force or hereafter amended, and all 
 11.17  rules, orders, and permits adopted or issued by the agency 
 11.18  thereunder, and to do and perform all acts and things within 
 11.19  that person's power required to effectuate, carry out, and 
 11.20  accomplish the purposes of such provisions, rules, orders, and 
 11.21  permits.  
 11.22     Sec. 18.  Minnesota Statutes 2002, section 115.50, is 
 11.23  amended to read: 
 11.24     115.50 [TOWNS, POWERS TO ACT.] 
 11.25     For the purposes of carrying out the policy and purposes of 
 11.26  sections 115.01 to 115.09 and 115.41 to 115.54 115.53, there is 
 11.27  hereby conferred upon all towns of this state the power and 
 11.28  authority to construct, install, acquire, maintain and operate 
 11.29  disposal systems and parts thereof, and to levy taxes, and 
 11.30  special assessments, to issue bonds and to do all other things 
 11.31  necessary or convenient for such construction, installation, 
 11.32  acquisition, maintenance and operation in the same manner and 
 11.33  extent and subject to the same limitations as statutory cities.  
 11.34     Sec. 19.  Minnesota Statutes 2002, section 115.52, is 
 11.35  amended to read: 
 11.36     115.52 [SEVERABILITY.] 
 12.1      The provisions of sections 115.41 to 115.54 115.53 shall be 
 12.2   severable and the invalidity of any section or subdivision or 
 12.3   part thereof shall not make void any other section or 
 12.4   subdivision or part thereof.  
 12.5      Sec. 20.  Minnesota Statutes 2002, section 115.53, is 
 12.6   amended to read: 
 12.8      In any case where the agency has heretofore adopted and 
 12.9   established a classification or standards for any waters as then 
 12.10  provided by law, the agency, at any hearing held pursuant to the 
 12.11  provisions of this section for the purpose of modification, 
 12.12  alteration, or amendment of such classification or standards or 
 12.13  the adoption and establishment of any classification or 
 12.14  standards for the same waters or any part thereof as required by 
 12.15  sections 115.41 to 115.54 115.53, may receive and consider for 
 12.16  any such purpose any testimony received at such previous 
 12.17  hearing, as reported in the stenographic transcript thereof, and 
 12.18  any exhibits received at such previous hearing, which are 
 12.19  relevant, with like force and effect and subject to like 
 12.20  objections, if any, as if such testimony or exhibits had been 
 12.21  produced at the hearing hereunder, together with any further 
 12.22  testimony or exhibits which may be submitted and received at the 
 12.23  hearing hereunder.  
 12.24     Sec. 21.  Minnesota Statutes 2002, section 115A.072, 
 12.25  subdivision 1, is amended to read: 
 12.27  (a) The director shall provide for the development and 
 12.28  implementation of environmental education programs that are 
 12.29  designed to meet the goals listed in section 115A.073. 
 12.30     (b) The environmental education advisory board shall advise 
 12.31  the director in carrying out the director's responsibilities 
 12.32  under this section.  The board consists of 20 members as follows:
 12.33     (1) a representative of the pollution control agency, 
 12.34  appointed by the commissioner of the agency; 
 12.35     (2) a representative of the department of children, 
 12.36  families, and learning, appointed by the commissioner of 
 13.1   children, families, and learning; 
 13.2      (3) a representative of the department of agriculture, 
 13.3   appointed by the commissioner of agriculture; 
 13.4      (4) a representative of the department of health, appointed 
 13.5   by the commissioner of health; 
 13.6      (5) a representative of the department of natural 
 13.7   resources, appointed by the commissioner of natural resources; 
 13.8      (6) a representative of the board of water and soil 
 13.9   resources, appointed by that board; 
 13.10     (7) a representative of the environmental quality board, 
 13.11  appointed by that board; 
 13.12     (8) a representative of the board of teaching, appointed by 
 13.13  that board; 
 13.14     (9) a representative of the University of Minnesota 
 13.15  extension service, appointed by the director of the service; 
 13.16     (10) a citizen member from each congressional district, of 
 13.17  which two must be licensed teachers currently teaching in the 
 13.18  K-12 system, appointed by the director; and 
 13.19     (11) three at-large citizen members, appointed by the 
 13.20  director. 
 13.21  The citizen members shall serve two-year terms.  Compensation of 
 13.22  board members is governed by section 15.059, subdivision 6.  The 
 13.23  board expires on June 30, 2003. 
 13.24     Sec. 22.  Minnesota Statutes 2002, section 115A.12, is 
 13.25  amended to read: 
 13.26     115A.12 [ADVISORY COUNCILS.] 
 13.27     (a) The director shall establish a solid waste management 
 13.28  advisory council and a prevention, reduction, and recycling 
 13.29  advisory council that are broadly representative of the 
 13.30  geographic areas and interests of the state.  
 13.31     (b) The solid waste council shall have not less than nine 
 13.32  nor more than 21 members.  The membership of the solid waste 
 13.33  council shall consist of one-third citizen representatives, 
 13.34  one-third representatives from local government units, and 
 13.35  one-third representatives from private solid waste management 
 13.36  firms.  The solid waste council shall contain at least three 
 14.1   members experienced in the private recycling industry and at 
 14.2   least one member experienced in each of the following areas:  
 14.3   state and municipal finance; solid waste collection, processing, 
 14.4   and disposal; and solid waste reduction and resource recovery. 
 14.5      (c) The prevention, reduction, and recycling advisory 
 14.6   council shall have not less than nine nor more than 24 members.  
 14.7   The membership shall consist of one-third citizen 
 14.8   representatives, one-third representatives of government, and 
 14.9   one-third representatives of business and industry.  The 
 14.10  director may appoint nonvoting members from other environmental 
 14.11  and business assistance providers in the state. 
 14.12     (d) The chairs of the advisory councils shall be appointed 
 14.13  by the director.  The director shall provide administrative and 
 14.14  staff services for the advisory councils.  The advisory councils 
 14.15  shall have such duties as are assigned by law or the director.  
 14.16  The solid waste advisory council shall make recommendations to 
 14.17  the office on its solid waste management activities.  The 
 14.18  prevention, reduction, and recycling advisory council shall make 
 14.19  recommendations to the office on policy, programs, and 
 14.20  legislation in pollution prevention, waste reduction, reuse and 
 14.21  recycling, resource conservation, and the management of 
 14.22  hazardous waste.  Members of the advisory councils shall serve 
 14.23  without compensation but shall be reimbursed for their 
 14.24  reasonable expenses as determined by the director.  
 14.25  Notwithstanding section 15.059, subdivision 5, the solid waste 
 14.26  management advisory council and the prevention, reduction, and 
 14.27  recycling advisory council expire June 30, 2003. 
 14.28     Sec. 23.  Minnesota Statutes 2002, section 115A.9651, 
 14.29  subdivision 2, is amended to read: 
 14.30     Subd. 2.  [DEFINITIONS.] (a) For the purposes of this 
 14.31  section, the following terms have the meanings given them. 
 14.32     (b) "Council" means the council established under 
 14.33  subdivision 5. 
 14.34     (c) "Essential product" means a specified product into 
 14.35  which the introduction of a listed metal is required under 
 14.36  military specifications or to ensure the integrity of a product 
 15.1   essential for aviation or railroad safety, and which is being 
 15.2   used only in that application. 
 15.3      (d) (c) "Intentionally introduce" means to deliberately use 
 15.4   a listed metal as an element during manufacture or distribution 
 15.5   of a specified product.  Intentional introduction does not 
 15.6   include the incidental presence of a listed metal. 
 15.7      (e) (d) "Listed metal" means lead, cadmium, mercury, or 
 15.8   hexavalent chromium. 
 15.9      (f) (e) "Listed product" means a specified product that is 
 15.10  included on the prohibited products list published under 
 15.11  subdivision 4. 
 15.12     (g) (f) "New product" means a specified product which was 
 15.13  not used, sold, or distributed in the state before July 2, 1998, 
 15.14  or which has been reformulated so that it contains more of a 
 15.15  listed metal. 
 15.16     (h) (g) "Official" means an officer of a corporation, a 
 15.17  general partner of a partnership or limited partnership, a sole 
 15.18  proprietor, or, in the case of any other entity, a person with 
 15.19  high level management responsibilities. 
 15.20     (i) (h) "Specified product" means an ink, dye, pigment, 
 15.21  paint, or fungicide into which a listed metal has been 
 15.22  intentionally introduced or in which the incidental presence of 
 15.23  a listed metal exceeds a concentration of 100 parts per million. 
 15.24     Sec. 24.  Minnesota Statutes 2002, section 115A.9651, 
 15.25  subdivision 8, is amended to read: 
 15.26     Subd. 8.  [NEW PRODUCTS; CRITERIA FOR REVIEW.] (a) After 
 15.27  July 1, 1998, but before July 1, 2005, no person shall sell, 
 15.28  distribute, or offer for sale in this state a new product prior 
 15.29  to the manufacturer or user submitting a product review report 
 15.30  and fee specified in subdivision 6. 
 15.31     (b) The council commissioner shall review reports submitted 
 15.32  under this subdivision and provide advice to the commissioner.  
 15.33  The council's advice to the commissioner under this subdivision 
 15.34  shall be based on an evaluation of evaluate the environmental 
 15.35  impact of the product and the ability of the manufacturer or 
 15.36  user to reduce or eliminate the listed metal.  Before making a 
 16.1   recommendation that the commissioner take taking action under 
 16.2   subdivision 9, the council commissioner must conclude that: 
 16.3      (1) there is an alternative to the specified product that 
 16.4   does not contain the listed metal that performs the same 
 16.5   technical function, is commercially available, and is 
 16.6   economically practicable, and replacement of the product with 
 16.7   the alternative will result in an environmental benefit in the 
 16.8   state; or 
 16.9      (2) if there is no alternative to the new product, that the 
 16.10  use of the listed metal in the new product presents a 
 16.11  significant threat to the safe and efficient operation of waste 
 16.12  facilities, or use of the listed metal does not increase the 
 16.13  useful life span of the new product, reduce the overall toxicity 
 16.14  of the final product or of material used in production of the 
 16.15  final product, or otherwise provide a net environmental benefit 
 16.16  to the state. 
 16.17     (c) Notwithstanding subdivision 5, paragraph (f), where the 
 16.18  commissioner determines that a new product subject to paragraph 
 16.19  (a) is sufficiently similar to a product or products previously 
 16.20  reviewed by the council, the commissioner may authorize the 
 16.21  permanent members of the council to perform the duties 
 16.22  established in paragraph (b) without the appointment of 
 16.23  temporary members.  In performing those duties, the council 
 16.24  shall utilize information gathered in any previous review of a 
 16.25  similar product or products. 
 16.26     (d) Beginning July 1, 2005, no person shall sell, 
 16.27  distribute, or offer for sale in this state a new product 
 16.28  without the commissioner's approval.  A person seeking approval 
 16.29  of a new product shall submit a product review report including 
 16.30  the information and fee specified in subdivision 6.  The 
 16.31  commissioner shall not approve the new product unless the 
 16.32  commissioner determines that it meets the criteria in paragraph 
 16.33  (b).  The commissioner shall make a determination within six 
 16.34  months of receipt of a complete request. 
 16.35     Sec. 25.  Minnesota Statutes 2002, section 115A.9651, 
 16.36  subdivision 9, is amended to read: 
 17.1      Subd. 9.  [AUTHORITY OF COMMISSIONER.] (a) The commissioner 
 17.2   may, upon the recommendation of the council, prohibit the 
 17.3   distribution for sale or use in this state of a specified 
 17.4   product that is not an essential product. 
 17.5      (b) Before taking action under this subdivision, the 
 17.6   commissioner must conclude that: 
 17.7      (1) there is an alternative to the specified product that 
 17.8   does not contain the listed metal that performs the same 
 17.9   technical function, is commercially available, and is 
 17.10  economically practicable, and replacement of the product with 
 17.11  the alternative will result in an environmental benefit to the 
 17.12  state; or 
 17.13     (2) if there is no alternative to the new product, that the 
 17.14  use of the listed metal in the new product presents a 
 17.15  significant threat to the safe and efficient operation of waste 
 17.16  facilities, or use of the listed metal does not increase the 
 17.17  useful life span of the new product, reduce the overall toxicity 
 17.18  of the final product or of material used in production of the 
 17.19  final product, or otherwise provide a net environmental benefit 
 17.20  to the state. 
 17.21     (c) If the commissioner fails to take action under this 
 17.22  subdivision as recommended by the council, the commissioner 
 17.23  shall submit a report to the legislature explaining the reasons 
 17.24  for not taking such action.  
 17.25     (d) The commissioner shall provide the legislature a report 
 17.26  and recommendations based on any report prepared by the council 
 17.27  under subdivision 5, paragraph (c), clause (2). 
 17.28     Sec. 26.  Minnesota Statutes 2002, section 115A.9651, 
 17.29  subdivision 11, is amended to read: 
 17.30     Subd. 11.  [RULEMAKING AUTHORITY.] (a) The pollution 
 17.31  control agency may adopt, amend, suspend, and repeal rules to 
 17.32  implement this section. 
 17.33     (b) Publication of notice under subdivision 5, paragraph 
 17.34  (g), shall be deemed to satisfy the requirements of section 
 17.35  14.101. 
 17.36     (c) The commissioner may adopt a council recommendation 
 18.1   under subdivision 5 as the agency's statement of need and 
 18.2   reasonableness.  A recommendation adopted in this manner shall 
 18.3   be deemed to satisfy any content requirements for a statement of 
 18.4   need and reasonableness imposed by law. 
 18.5      (d) Any hearings on rules adopted under this section shall 
 18.6   be conducted in accordance with sections 14.14 to 14.20 and 
 18.7   address whether the rule meets the standards for review under 
 18.8   which the judge is required to approve or disapprove the rule. 
 18.9      (e) (c) Section 14.125 does not apply to the agency's 
 18.10  rulemaking authority under this section.  
 18.11     (f) (d) A rule adopted under this section is effective 
 18.12  until repealed by the agency. 
 18.13     Sec. 27.  Minnesota Statutes 2002, section 119A.35, 
 18.14  subdivision 1, is amended to read: 
 18.15     Subdivision 1.  [GENERALLY.] The advisory council is 
 18.16  established under section 15.059 to advise the commissioner on 
 18.17  the implementation and continued operations of sections 119A.10 
 18.18  to 119A.16 and 119A.20 to 119A.22.  The council shall expire 
 18.19  June 30, 2005. 
 18.20     Sec. 28.  Minnesota Statutes 2002, section 124D.10, 
 18.21  subdivision 2a, is amended to read: 
 18.22     Subd. 2a.  [CHARTER SCHOOL ADVISORY COUNCIL.] (a) A charter 
 18.23  school advisory council is established under section 15.059.  
 18.24  The advisory council is composed of seven members from 
 18.25  throughout the state who have demonstrated experience with or 
 18.26  interest in charter schools.  The advisory council shall bring 
 18.27  to the attention of the commissioner any matters related to 
 18.28  charter schools that the council deems necessary and shall: 
 18.29     (1) encourage school boards to make full use of charter 
 18.30  school opportunities; 
 18.31     (2) encourage the creation of innovative schools; 
 18.32     (3) provide leadership and support for charter school 
 18.33  sponsors to increase the innovation in and the effectiveness, 
 18.34  accountability, and fiscal soundness of charter schools; 
 18.35     (4) serve an ombudsman function in facilitating the 
 18.36  operations of new and existing charter schools; 
 19.1      (5) promote timely financial management training for newly 
 19.2   elected members of a charter school board of directors and 
 19.3   ongoing training for other members of a charter school board of 
 19.4   directors; 
 19.5      (6) review charter school applications and recommend 
 19.6   approving or disapproving the applications; and 
 19.7      (7) facilitate compliance with auditing and other reporting 
 19.8   requirements.  The advisory council shall refer all its 
 19.9   proposals to the commissioner who shall provide time for reports 
 19.10  from the council. 
 19.11     (b) The charter school advisory council under this 
 19.12  subdivision expires June 30, 2003. 
 19.13     Sec. 29.  Minnesota Statutes 2002, section 124D.892, 
 19.14  subdivision 3, is amended to read: 
 19.15     Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
 19.16  establish an advisory board composed of: 
 19.17     (1) nine superintendents, eight of whom are selected by the 
 19.18  superintendents of the school districts located in whole or in 
 19.19  part within each of the eight metropolitan districts established 
 19.20  under section 473.123, subdivision 3c, and one who is from a 
 19.21  district outside the seven-county metropolitan area that is 
 19.22  considered racially isolated or that has a racially isolated 
 19.23  school site according to Minnesota Rules, part 3535.0110; 
 19.24     (2) one person each selected by the Indian affairs council, 
 19.25  the council on Asian-Pacific Minnesotans, the council on Black 
 19.26  Minnesotans, and the council on affairs of Chicano/Latino 
 19.27  people; and 
 19.28     (3) the superintendent of independent school district No. 
 19.29  709, Duluth. 
 19.30     The advisory board shall advise the office on complying 
 19.31  with the requirements under subdivision 1.  The advisory board 
 19.32  may solicit comments from teachers, parents, students, and 
 19.33  interested community organizations and others. 
 19.34     The advisory board shall expire June 30, 2003.  
 19.35     Sec. 30.  Minnesota Statutes 2002, section 134.31, is 
 19.36  amended by adding a subdivision to read: 
 20.1      Subd. 6.  [ADVISORY COMMITTEE.] The commissioner shall 
 20.2   appoint an advisory committee of five members to advise the 
 20.3   staff of the Minnesota library for the blind and physically 
 20.4   handicapped on long-range plans and library services.  Members 
 20.5   shall be people who use the library.  Section 15.059 governs 
 20.6   this committee. 
 20.7      Sec. 31.  Minnesota Statutes 2002, section 147B.05, 
 20.8   subdivision 2, is amended to read: 
 20.10  The advisory council is governed by section 15.059, except that 
 20.11  the council does not expire until June 30, 2003. 
 20.12     Sec. 32.  Minnesota Statutes 2002, section 147C.35, 
 20.13  subdivision 2, is amended to read: 
 20.14     Subd. 2.  [ORGANIZATION.] The advisory council shall be 
 20.15  organized and administered under section 15.059.  The council 
 20.16  expires June 30, 2003. 
 20.17     Sec. 33.  Minnesota Statutes 2002, section 147D.25, 
 20.18  subdivision 2, is amended to read: 
 20.19     Subd. 2.  [ORGANIZATION.] The advisory council shall be 
 20.20  organized and administered under section 15.059.  The council 
 20.21  expires June 30, 2003.  
 20.22     Sec. 34.  Minnesota Statutes 2002, section 155A.06, 
 20.23  subdivision 5, is amended to read: 
 20.24     Subd. 5.  [COMPENSATION.] Members of the council shall be 
 20.25  compensated for expenses as provided in section 15.059 and the 
 20.26  council shall expire on June 30, 1997.  
 20.27     Sec. 35.  Minnesota Statutes 2002, section 175.008, is 
 20.28  amended to read: 
 20.30     The commissioner shall appoint an 11 member advisory 
 20.31  council on code enforcement.  The terms, compensation, removal 
 20.32  of council members, and expiration of the council are governed 
 20.33  by section 15.059, except that the advisory council shall not 
 20.34  expire before June 30, 2003.  The council shall advise the 
 20.35  commissioner on matters within the council's expertise or under 
 20.36  the regulation of the commissioner. 
 21.1      Sec. 36.  Minnesota Statutes 2002, section 178.02, 
 21.2   subdivision 2, is amended to read: 
 21.3      Subd. 2.  [TERMS.] The council shall expire and the terms, 
 21.4   compensation, and removal of appointed members shall be as 
 21.5   provided in section 15.059, except that the council shall not 
 21.6   expire before June 30, 2003. 
 21.7      Sec. 37.  Minnesota Statutes 2002, section 182.656, 
 21.8   subdivision 3, is amended to read: 
 21.9      Subd. 3.  A majority of the council members constitutes a 
 21.10  quorum.  The council shall meet at the call of its chair, or 
 21.11  upon request of any six members.  A tape recording of the 
 21.12  meeting with the tape being retained for a one-year period will 
 21.13  be available upon the request and payment of costs to any 
 21.14  interested party.  The council shall expire and the terms, 
 21.15  compensation, and removal of members shall be as provided in 
 21.16  section 15.059, except that the council shall not expire before 
 21.17  June 30, 2003. 
 21.18     Sec. 38.  Minnesota Statutes 2002, section 214.32, 
 21.19  subdivision 1, is amended to read: 
 21.20     Subdivision 1.  [MANAGEMENT.] (a) A health professionals 
 21.21  services program committee is established, consisting of one 
 21.22  person appointed by each participating board, with each 
 21.23  participating board having one vote.  The committee shall 
 21.24  designate one board to provide administrative management of the 
 21.25  program, set the program budget and the pro rata share of 
 21.26  program expenses to be borne by each participating board, 
 21.27  provide guidance on the general operation of the program, 
 21.28  including hiring of program personnel, and ensure that the 
 21.29  program's direction is in accord with its authority.  If the 
 21.30  participating boards change which board is designated to provide 
 21.31  administrative management of the program, any appropriation 
 21.32  remaining for the program shall transfer to the newly designated 
 21.33  board on the effective date of the change.  The participating 
 21.34  boards must inform the appropriate legislative committees and 
 21.35  the commissioner of finance of any change in the administrative 
 21.36  management of the program, and the amount of any appropriation 
 22.1   transferred under this provision. 
 22.2      (b) The designated board, upon recommendation of the health 
 22.3   professional services program committee, shall hire the program 
 22.4   manager and employees and pay expenses of the program from funds 
 22.5   appropriated for that purpose.  The designated board may apply 
 22.6   for grants to pay program expenses and may enter into contracts 
 22.7   on behalf of the program to carry out the purposes of the 
 22.8   program.  The participating boards shall enter into written 
 22.9   agreements with the designated board. 
 22.10     (c) An advisory committee is established to advise the 
 22.11  program committee consisting of: 
 22.12     (1) one member appointed by each of the following:  the 
 22.13  Minnesota Academy of Physician Assistants, the Minnesota Dental 
 22.14  Association, the Minnesota Chiropractic Association, the 
 22.15  Minnesota Licensed Practical Nurse Association, the Minnesota 
 22.16  Medical Association, the Minnesota Nurses Association, and the 
 22.17  Minnesota Podiatric Medicine Association; 
 22.18     (2) one member appointed by each of the professional 
 22.19  associations of the other professions regulated by a 
 22.20  participating board not specified in clause (1); and 
 22.21     (3) two public members, as defined by section 214.02.  
 22.22  Members of the advisory committee shall be appointed for two 
 22.23  years and members may be reappointed.  
 22.24     The advisory committee expires June 30, 2003. 
 22.25     Sec. 39.  Minnesota Statutes 2002, section 242.56, 
 22.26  subdivision 1, is amended to read: 
 22.27     Subdivision 1.  [REQUESTS FOR PROPOSALS.] The commissioner 
 22.28  of corrections shall select two nonprofit organizations to 
 22.29  select and develop sites for work and learn facilities for 
 22.30  youth.  The selection of organizations must be made in 
 22.31  consultation with the advisory group created under subdivision 
 22.32  3.  By July 1, 1994, the commissioner shall issue a request for 
 22.33  proposals from nonprofit organizations to locate and develop the 
 22.34  facilities described in subdivisions 4 and 5.  Both programs 
 22.35  will provide rigorous programming for youthful offenders. 
 22.36     Sec. 40.  Minnesota Statutes 2002, section 254A.035, 
 23.1   subdivision 2, is amended to read: 
 23.3   EXPIRATION.] The membership of this council shall be composed of 
 23.4   17 persons who are American Indians and who are appointed by the 
 23.5   commissioner.  The commissioner shall appoint one representative 
 23.6   from each of the following groups:  Red Lake Band of Chippewa 
 23.7   Indians; Fond du Lac Band, Minnesota Chippewa Tribe; Grand 
 23.8   Portage Band, Minnesota Chippewa Tribe; Leech Lake Band, 
 23.9   Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa 
 23.10  Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 
 23.11  Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; 
 23.12  Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton 
 23.13  Sioux Indian Reservation; Upper Sioux Indian Reservation; 
 23.14  International Falls Northern Range; Duluth Urban Indian 
 23.15  Community; and two representatives from the Minneapolis Urban 
 23.16  Indian Community and two from the St. Paul Urban Indian 
 23.17  Community.  The terms, compensation, and removal of American 
 23.18  Indian advisory council members shall be as provided in section 
 23.19  15.059.  The council expires June 30, 2001. 
 23.20     Sec. 41.  Minnesota Statutes 2002, section 254A.04, is 
 23.21  amended to read: 
 23.22     254A.04 [CITIZENS ADVISORY COUNCIL.] 
 23.23     There is hereby created an alcohol and other drug abuse 
 23.24  advisory council to advise the department of human services 
 23.25  concerning the problems of alcohol and other drug dependency and 
 23.26  abuse, composed of ten members.  Five members shall be 
 23.27  individuals whose interests or training are in the field of 
 23.28  alcohol dependency and abuse; and five members whose interests 
 23.29  or training are in the field of dependency and abuse of drugs 
 23.30  other than alcohol.  The terms, compensation and removal of 
 23.31  members shall be as provided in section 15.059.  The council 
 23.32  expires June 30, 2001.  The commissioner of human services shall 
 23.33  appoint members whose terms end in even-numbered years.  The 
 23.34  commissioner of health shall appoint members whose terms end in 
 23.35  odd-numbered years. 
 23.36     Sec. 42.  Minnesota Statutes 2002, section 256.482, 
 24.1   subdivision 8, is amended to read: 
 24.2      Subd. 8.  [SUNSET.] Notwithstanding section 15.059, 
 24.3   subdivision 5, The council on disability shall not sunset until 
 24.4   June 30, 2003 expires in accordance with section 15.059. 
 24.5      Sec. 43.  Minnesota Statutes 2002, section 256B.093, 
 24.6   subdivision 1, is amended to read: 
 24.7      Subdivision 1.  [STATE TRAUMATIC BRAIN INJURY PROGRAM.] The 
 24.8   commissioner of human services shall: 
 24.9      (1) maintain a statewide traumatic brain injury program; 
 24.10     (2) supervise and coordinate services and policies for 
 24.11  persons with traumatic brain injuries; 
 24.12     (3) contract with qualified agencies or employ staff to 
 24.13  provide statewide administrative case management and 
 24.14  consultation; 
 24.15     (4) maintain an advisory committee to provide 
 24.16  recommendations in reports to the commissioner regarding program 
 24.17  and service needs of persons with traumatic brain injuries; 
 24.18     (5) investigate the need for the development of rules or 
 24.19  statutes for the traumatic brain injury home and community-based 
 24.20  services waiver; 
 24.21     (6) investigate present and potential models of service 
 24.22  coordination which can be delivered at the local level; and 
 24.23     (7) the advisory committee required by clause (4) must 
 24.24  consist of no fewer than ten members and no more than 30 
 24.25  members.  The commissioner shall appoint all advisory committee 
 24.26  members to one- or two-year terms and appoint one member as 
 24.27  chair.  Notwithstanding section 15.059, subdivision 5, the 
 24.28  advisory committee does not terminate until June 30, 2005. 
 24.29     Sec. 44.  Minnesota Statutes 2002, section 326.841, is 
 24.30  amended to read: 
 24.32     Manufactured home installers are subject to all of the 
 24.33  requirements of sections 326.83 to 326.98, except for the 
 24.34  following: 
 24.35     (1) manufactured home installers are not members of the 
 24.36  advisory council under section 326.85; 
 25.1      (2) manufactured home installers are not subject to the 
 25.2   continuing education requirements of section 326.87; 
 25.3      (3) (2) the examination requirement of section 326.89, 
 25.4   subdivision 3, for manufactured home installers shall be 
 25.5   satisfied by successful completion of a written examination 
 25.6   designed specifically for manufactured home installers.  The 
 25.7   examination must be designed by the commissioner in conjunction 
 25.8   with the state building code division.  The commissioner and 
 25.9   state building code division shall seek advice on the grading, 
 25.10  monitoring, and updating of examinations from the Minnesota 
 25.11  manufactured housing association; 
 25.12     (4) (3) the amount of the bond required by section 326.94 
 25.13  shall be $2,500 for manufactured home installers; 
 25.14     (5) (4) a local government unit may not place a surcharge 
 25.15  on a license fee, and may not charge a separate fee to 
 25.16  installers; 
 25.17     (6) (5) a dealer or distributor who does not install or 
 25.18  repair manufactured homes is exempt from licensure under 
 25.19  sections 326.83 to 326.98; and 
 25.20     (7) (6) the exemption under section 326.84, subdivision 3, 
 25.21  clause (5), does not apply. 
 25.22     Sec. 45.  Minnesota Statutes 2002, section 611A.02, 
 25.23  subdivision 2, is amended to read: 
 25.24     Subd. 2.  [VICTIMS' RIGHTS.] (a) The crime victim and 
 25.25  witness advisory council shall develop two model notices of the 
 25.26  rights of crime victims.  
 25.27     (b) The An initial notice of the rights of crime victims 
 25.28  must be distributed by a peace officer to each victim, as 
 25.29  defined in section 611A.01, at the time of initial contact with 
 25.30  the victim.  The notice must inform a victim of: 
 25.31     (1) the victim's right to apply for reparations to cover 
 25.32  losses, not including property losses, resulting from a violent 
 25.33  crime and the telephone number to call to request an 
 25.34  application; 
 25.35     (2) the victim's right to request that the law enforcement 
 25.36  agency withhold public access to data revealing the victim's 
 26.1   identity under section 13.82, subdivision 17, paragraph (d); 
 26.2      (3) the additional rights of domestic abuse victims as 
 26.3   described in section 629.341; 
 26.4      (4) information on the nearest crime victim assistance 
 26.5   program or resource; and 
 26.6      (5) the victim's rights, if an offender is charged, to be 
 26.7   informed of and participate in the prosecution process, 
 26.8   including the right to request restitution. 
 26.9      (c) (b) A supplemental notice of the rights of crime 
 26.10  victims must be distributed by the city or county attorney's 
 26.11  office to each victim, within a reasonable time after the 
 26.12  offender is charged or petitioned.  This notice must inform a 
 26.13  victim of all the rights of crime victims under this chapter. 
 26.14     Sec. 46.  Minnesota Statutes 2002, section 611A.02, 
 26.15  subdivision 3, is amended to read: 
 26.17  COURT.] (a) The crime victim and witness advisory council 
 26.18  shall commissioner must develop a notice of the rights of 
 26.19  victims in juvenile court that explains: 
 26.20     (1) the rights of victims in the juvenile court; 
 26.21     (2) when a juvenile matter is public; 
 26.22     (3) the procedures to be followed in juvenile court 
 26.23  proceedings; and 
 26.24     (4) other relevant matters. 
 26.25     (b) The juvenile court shall distribute a copy of the 
 26.26  notice to each victim of juvenile crime who attends a juvenile 
 26.27  court proceeding, along with a notice of services for victims 
 26.28  available in that judicial district. 
 26.29     Sec. 47.  Minnesota Statutes 2002, section 611A.07, 
 26.30  subdivision 1, is amended to read: 
 26.31     Subdivision 1.  [GENERALLY.] The commissioner of 
 26.32  corrections, after considering the recommendations of the 
 26.33  advisory council on battered women and domestic abuse and the 
 26.34  sexual assault advisory council, and in collaboration with the 
 26.35  commissioner of public safety, shall adopt standards governing 
 26.36  electronic monitoring devices used to protect victims of 
 27.1   domestic abuse.  In developing proposed standards, the 
 27.2   commissioner shall consider the experience of the courts in the 
 27.3   tenth judicial district in the use of the devices to protect 
 27.4   victims of domestic abuse.  These standards shall promote the 
 27.5   safety of the victim and shall include measures to avoid the 
 27.6   disparate use of the device with communities of color, product 
 27.7   standards, monitoring agency standards, and victim disclosure 
 27.8   standards.  
 27.9      Sec. 48.  Minnesota Statutes 2002, section 611A.32, 
 27.10  subdivision 2, is amended to read: 
 27.11     Subd. 2.  [APPLICATIONS.] Any public or private nonprofit 
 27.12  agency may apply to the commissioner for a grant to provide 
 27.13  emergency shelter services to battered women, support services 
 27.14  to domestic abuse victims, or both, to battered women and their 
 27.15  children.  The application shall be submitted in a form approved 
 27.16  by the commissioner by rule adopted under chapter 14, after 
 27.17  consultation with the advisory council, and shall include: 
 27.18     (1) a proposal for the provision of emergency shelter 
 27.19  services for battered women, support services for domestic abuse 
 27.20  victims, or both, for battered women and their children; 
 27.21     (2) a proposed budget; 
 27.22     (3) evidence of an ability to integrate into the proposed 
 27.23  program the uniform method of data collection and program 
 27.24  evaluation established under sections section 611A.33 and 
 27.25  611A.34; 
 27.26     (4) evidence of an ability to represent the interests of 
 27.27  battered women and domestic abuse victims and their children to 
 27.28  local law enforcement agencies and courts, county welfare 
 27.29  agencies, and local boards or departments of health; 
 27.30     (5) evidence of an ability to do outreach to unserved and 
 27.31  underserved populations and to provide culturally and 
 27.32  linguistically appropriate services; and 
 27.33     (6) any other content the commissioner may require by rule 
 27.34  adopted under chapter 14, after considering the recommendations 
 27.35  of the advisory council. 
 27.36     Programs which have been approved for grants in prior years 
 28.1   may submit materials which indicate changes in items listed in 
 28.2   clauses (1) to (6), in order to qualify for renewal funding.  
 28.3   Nothing in this subdivision may be construed to require programs 
 28.4   to submit complete applications for each year of renewal funding.
 28.5      Sec. 49.  Minnesota Statutes 2002, section 611A.33, is 
 28.6   amended to read: 
 28.7      611A.33 [DUTIES OF COMMISSIONER.] 
 28.8      The commissioner shall: 
 28.9      (1) review applications for and award grants to a program 
 28.10  pursuant to section 611A.32, subdivision 1, after considering 
 28.11  the recommendation of the advisory council; 
 28.12     (2) appoint the members of the advisory council created 
 28.13  under section 611A.34, and provide consultative staff and other 
 28.14  administrative services to the advisory council; 
 28.15     (3) after considering the recommendation of the advisory 
 28.16  council, appoint a program director to perform the duties set 
 28.17  forth in section 611A.35; 
 28.18     (4) (3) design and implement a uniform method of collecting 
 28.19  data on domestic abuse victims to be used to evaluate the 
 28.20  programs funded under section 611A.32; 
 28.21     (5) (4) provide technical aid to applicants in the 
 28.22  development of grant requests and provide technical aid to 
 28.23  programs in meeting the data collection requirements established 
 28.24  by the commissioner; and 
 28.25     (6) (5) adopt, under chapter 14, all rules necessary to 
 28.26  implement the provisions of sections 611A.31 to 611A.36. 
 28.27     Sec. 50.  Minnesota Statutes 2002, section 611A.35, is 
 28.28  amended to read: 
 28.31     The commissioner shall appoint a program director.  In 
 28.32  appointing the program director the commissioner shall give due 
 28.33  consideration to the list of applicants submitted to the 
 28.34  commissioner pursuant to section 611A.34, subdivision 3, clause 
 28.35  (3).  The program director shall administer the funds 
 28.36  appropriated for sections 611A.31 to 611A.36, consult with and 
 29.1   provide staff to the advisory council, and perform other duties 
 29.2   related to battered women's and domestic abuse programs as the 
 29.3   commissioner may assign.  The program director shall serve at 
 29.4   the pleasure of the commissioner in the unclassified service. 
 29.5      Sec. 51.  Minnesota Statutes 2002, section 611A.36, 
 29.6   subdivision 1, is amended to read: 
 29.7      Subdivision 1.  [FORM PRESCRIBED.] The commissioner shall, 
 29.8   by rule adopted under chapter 14, after considering the 
 29.9   recommendations of the advisory council, prescribe a uniform 
 29.10  form and method for the collection of data on domestic abuse 
 29.11  victims.  The method and form of data collection shall be 
 29.12  designed to document the incidence of assault on domestic abuse 
 29.13  victims as defined in section 611A.31, subdivision 2.  All data 
 29.14  collected by the commissioner pursuant to this section shall be 
 29.15  summary data within the meaning of section 13.02, subdivision 19.
 29.16     Sec. 52.  Minnesota Statutes 2002, section 611A.55, is 
 29.17  amended to read: 
 29.19     Subdivision 1.  There is created in the department of 
 29.20  public safety, for budgetary and administrative purposes, the 
 29.21  crime victims reparations board, which shall consist of five 
 29.22  members appointed by the commissioner of public safety and 
 29.23  selected from among the membership of the crime victim and 
 29.24  witness advisory council created in section 611A.71.  One of the 
 29.25  members shall be designated as chair by the commissioner of 
 29.26  public safety and serve as such at the commissioner's pleasure.  
 29.27  At least one member shall be a medical or osteopathic physician 
 29.28  licensed to practice in this state, and at least one member 
 29.29  shall be a victim, as defined in section 611A.01.  
 29.30     Subd. 2.  The membership terms, compensation, removal of 
 29.31  members, and filling of vacancies on the board shall be as 
 29.32  provided in section 15.0575.  Members of the board who are also 
 29.33  members of the crime victim and witness advisory council created 
 29.34  in section 611A.71 shall not be compensated while performing 
 29.35  duties for the advisory council. 
 29.36     Subd. 3.  Members of the board shall serve part time. 
 30.1      Sec. 53.  Minnesota Statutes 2002, section 611A.675, is 
 30.2   amended to read: 
 30.4      Subdivision 1.  [GRANTS AUTHORIZED.] The crime victim and 
 30.5   witness advisory council commissioner of public safety shall 
 30.6   make grants to prosecutors and victim assistance programs for 
 30.7   the purpose of providing emergency assistance to victims.  As 
 30.8   used in this section, "emergency assistance" includes but is not 
 30.9   limited to: 
 30.10     (1) replacement of necessary property that was lost, 
 30.11  damaged, or stolen as a result of the crime; 
 30.12     (2) purchase and installation of necessary home security 
 30.13  devices; 
 30.14     (3) transportation to locations related to the victim's 
 30.15  needs as a victim, such as medical facilities and facilities of 
 30.16  the criminal justice system; 
 30.17     (4) cleanup of the crime scene; and 
 30.18     (5) reimbursement for reasonable travel and living expenses 
 30.19  the victim incurred to attend court proceedings that were held 
 30.20  at a location other than the place where the crime occurred due 
 30.21  to a change of venue. 
 30.22     Subd. 2.  [APPLICATION FOR GRANTS.] A city or county 
 30.23  attorney's office or victim assistance program may apply to the 
 30.24  council commissioner for a grant for any of the purposes 
 30.25  described in subdivision 1 or for any other emergency assistance 
 30.26  purpose approved by the council.  The application must be on 
 30.27  forms and pursuant to procedures developed by the council 
 30.28  commissioner.  The application must describe the type or types 
 30.29  of intended emergency assistance, estimate the amount of money 
 30.30  required, and include any other information deemed necessary by 
 30.31  the council commissioner. 
 30.32     Subd. 3.  [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 
 30.33  county attorney's office or victim assistance program that 
 30.34  receives a grant under this section shall file an annual report 
 30.35  with the council commissioner itemizing the expenditures made 
 30.36  during the preceding year, the purpose of those expenditures, 
 31.1   and the ultimate disposition, if any, of each assisted victim's 
 31.2   criminal case. 
 31.3      Subd. 4.  [REPORT TO LEGISLATURE.] On or before February 1, 
 31.4   1999, the council shall report to the chairs of the senate crime 
 31.5   prevention and house of representatives judiciary committees on 
 31.6   the implementation, use, and administration of the grant program 
 31.7   created under this section. 
 31.8      Sec. 54.  Minnesota Statutes 2002, section 629.342, 
 31.9   subdivision 2, is amended to read: 
 31.10     Subd. 2.  [POLICIES REQUIRED.] (a) By July 1, 1993, each 
 31.11  law enforcement agency shall develop, adopt, and implement a 
 31.12  written policy regarding arrest procedures for domestic abuse 
 31.13  incidents.  In the development of a policy, each law enforcement 
 31.14  agency shall consult with domestic abuse advocates, community 
 31.15  organizations, and other law enforcement agencies with expertise 
 31.16  in the recognition and handling of domestic abuse incidents.  
 31.17  The policy shall discourage dual arrests, include consideration 
 31.18  of whether one of the parties acted in self defense, and provide 
 31.19  guidance to officers concerning instances in which officers 
 31.20  should remain at the scene of a domestic abuse incident until 
 31.21  the likelihood of further imminent violence has been eliminated. 
 31.22     (b) The bureau of criminal apprehension, and the board of 
 31.23  peace officer standards and training, and the advisory council 
 31.24  on battered women and domestic abuse appointed by the 
 31.25  commissioner of corrections under section 611A.34, in 
 31.26  consultation with the Minnesota chiefs of police association, 
 31.27  the Minnesota sheriffs association, and the Minnesota police and 
 31.28  peace officers association, shall develop a written model policy 
 31.29  regarding arrest procedures for domestic abuse incidents for use 
 31.30  by local law enforcement agencies.  Each law enforcement agency 
 31.31  may adopt the model policy in lieu of developing its own policy 
 31.32  under the provisions of paragraph (a). 
 31.33     (c) Local law enforcement agencies that have already 
 31.34  developed a written policy regarding arrest procedures for 
 31.35  domestic abuse incidents before July 1, 1992, are not required 
 31.36  to develop a new policy but must review their policies and 
 32.1   consider the written model policy developed under paragraph (b). 
 32.2      Sec. 55.  [REPEALER.] 
 32.3      Minnesota Statutes 2002, sections 16B.055; 28A.20, 
 32.4   subdivision 6; 43A.317, subdivision 4; 43A.318, subdivision 3; 
 32.5   62J.15, subdivision 1; 62J.692, subdivision 2; 82B.02, 
 32.6   subdivision 6; 82B.05; 82B.06; 84.0887, subdivision 4; 115.54; 
 32.7   115A.9651, subdivision 5; 119A.42, subdivision 4; 124D.80; 
 32.8   124D.84, subdivision 2; 136A.031, subdivision 5; 145A.16; 
 32.9   161.1419, subdivision 8; 174.55; 176.102, subdivision 3; 242.56, 
 32.10  subdivision 3; 252.282, subdivision 4; 256B.0629; 256B.55, 
 32.11  subdivision 5; 268.361, subdivision 3; 268.363; 299A.293; 
 32.12  326.41; 326.85; 611A.201, subdivision 3; 611A.202; 611A.25; 
 32.13  611A.34; 611A.345; 611A.361; 611A.70; 611A.71; 626.8441, 
 32.14  subdivision 2; and 626.9513; and Laws 2001, First Special 
 32.15  Session chapter 3, article 4, section 2, are repealed. 
 32.16     Sec. 56.  [EFFECTIVE DATE.] 
 32.17     Sections 1 to 55 are effective June 30, 2003.