HF 1603

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to labor; exempting certain councils and 
  1.3             boards from expiration; amending Minnesota Statutes 
  1.4             2000, sections 15.059, subdivision 5a; 175.007, 
  1.5             subdivision 1; 175.008; 176.102, subdivision 3; 
  1.6             176.103, subdivision 3; 178.02, subdivision 2; and 
  1.7             182.656, subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 15.059, 
  1.10  subdivision 5a, is amended to read: 
  1.11     Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
  1.12  5, the advisory councils and committees listed in this 
  1.13  subdivision do not expire June 30, 1997.  These groups expire 
  1.14  June 30, 2001, unless the law creating the group or this 
  1.15  subdivision specifies an earlier expiration date. 
  1.16     Investment advisory council, created in section 11A.08; 
  1.17     Intergovernmental information systems advisory council, 
  1.18  created in section 16B.42, expires June 30, 1999; 
  1.19     Feedlot and manure management advisory committee, created 
  1.20  in section 17.136; 
  1.21     Aquaculture advisory committee, created in section 17.49; 
  1.22     Dairy producers board, created in section 17.76; 
  1.23     Pesticide applicator education and examination review 
  1.24  board, created in section 18B.305; 
  1.25     Advisory seed potato certification task force, created in 
  1.26  section 21.112; 
  2.1      Food safety advisory committee, created in section 28A.20; 
  2.2      Minnesota organic advisory task force, created in section 
  2.3   31.95; 
  2.4      Public programs risk adjustment work group, created in 
  2.5   section 62Q.03; 
  2.6      Workers' compensation self-insurers' advisory committee, 
  2.7   created in section 79A.02; 
  2.8      Youth corps advisory committee, created in section 84.0887; 
  2.9      Iron range off-highway vehicle advisory committee, created 
  2.10  in section 85.013; 
  2.11     Mineral coordinating committee, created in section 93.002; 
  2.12     Game and fish fund citizen advisory committees, created in 
  2.13  section 97A.055; 
  2.14     Wetland heritage advisory committee, created in section 
  2.15  103G.2242; 
  2.16     Wastewater treatment technical advisory committee, created 
  2.17  in section 115.54; 
  2.18     Solid waste management advisory council, created in section 
  2.19  115A.12; 
  2.20     Nuclear waste council, created in section 116C.711; 
  2.21     Genetically engineered organism advisory committee, created 
  2.22  in section 116C.93; 
  2.23     Environment and natural resources trust fund advisory 
  2.24  committee, created in section 116P.06; 
  2.25     Child abuse prevention advisory council, created in section 
  2.26  119A.13; 
  2.27     Chemical abuse and violence prevention council, created in 
  2.28  section 119A.293; 
  2.29     Youth neighborhood centers advisory board, created in 
  2.30  section 119A.295; 
  2.31     Interagency coordinating council, created in section 
  2.32  125A.28, expires June 30, 1999; 
  2.33     Desegregation/integration advisory board, created in 
  2.34  section 124D.892; 
  2.35     Nonpublic education council, created in section 123B.445; 
  2.36     Permanent school fund advisory committee, created in 
  3.1   section 127A.30; 
  3.2      Indian scholarship committee, created in section 124D.84, 
  3.3   subdivision 2; 
  3.4      American Indian education committees, created in section 
  3.5   124D.80; 
  3.6      Summer scholarship advisory committee, created in section 
  3.7   124D.95; 
  3.8      Multicultural education advisory committee, created in 
  3.9   section 124D.894; 
  3.10     Male responsibility and fathering grants review committee, 
  3.11  created in section 124D.33; 
  3.12     Library for the blind and physically handicapped advisory 
  3.13  committee, created in section 134.31; 
  3.14     Higher education advisory council, created in section 
  3.15  136A.031; 
  3.16     Student advisory council, created in section 136A.031; 
  3.17     Cancer surveillance advisory committee, created in section 
  3.18  144.672; 
  3.19     Maternal and child health task force, created in section 
  3.20  145.881; 
  3.21     State community health advisory committee, created in 
  3.22  section 145A.10; 
  3.23     Mississippi River Parkway commission, created in section 
  3.24  161.1419; 
  3.25     School bus safety advisory committee, created in section 
  3.26  169.435; 
  3.27     Advisory council on workers' compensation, created in 
  3.28  section 175.007; 
  3.29     Code enforcement advisory council, created in section 
  3.30  175.008; 
  3.31     Medical services review board, created in section 176.103; 
  3.32     Apprenticeship advisory council, created in section 178.02; 
  3.33     OSHA advisory council, created in section 182.656; 
  3.34     Health professionals services program advisory committee, 
  3.35  created in section 214.32; 
  3.36     Rehabilitation advisory council for the blind, created in 
  4.1   section 248.10; 
  4.2      American Indian advisory council, created in section 
  4.3   254A.035; 
  4.4      Alcohol and other drug abuse advisory council, created in 
  4.5   section 254A.04; 
  4.6      Medical assistance drug formulary committee, created in 
  4.7   section 256B.0625; 
  4.8      Home care advisory committee, created in section 256B.071; 
  4.9      Preadmission screening, alternative care, and home and 
  4.10  community-based services advisory committee, created in section 
  4.11  256B.0911; 
  4.12     Traumatic brain injury advisory committee, created in 
  4.13  section 256B.093; 
  4.14     Minnesota commission serving deaf and hard-of-hearing 
  4.15  people, created in section 256C.28; 
  4.16     American Indian child welfare advisory council, created in 
  4.17  section 260.835; 
  4.18     Juvenile justice advisory committee, created in section 
  4.19  268.29; 
  4.20     Northeast Minnesota economic development fund technical 
  4.21  advisory committees, created in section 298.2213; 
  4.22     Iron range higher education committee, created in section 
  4.23  298.2214; 
  4.24     Northeast Minnesota economic protection trust fund 
  4.25  technical advisory committee, created in section 298.297; 
  4.26     Advisory council on battered women and domestic abuse, 
  4.27  created in section 611A.34. 
  4.28     Sec. 2.  Minnesota Statutes 2000, section 175.007, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [CREATION; COMPOSITION.] (a) There is 
  4.31  created a permanent council on workers' compensation consisting 
  4.32  of 12 voting members as follows:  the presidents of the largest 
  4.33  statewide Minnesota business and organized labor organizations 
  4.34  as measured by the number of employees of its business members 
  4.35  and in its affiliated labor organizations in Minnesota on July 
  4.36  1, 1992, and every five years thereafter; five additional 
  5.1   members representing business, and five additional members 
  5.2   representing organized labor.  The commissioner of labor and 
  5.3   industry shall serve as chair of the council and shall be a 
  5.4   nonvoting member.  Notwithstanding section 15.059, this council 
  5.5   does not expire unless the council no longer fulfills the 
  5.6   purpose for which the council was established, the council has 
  5.7   not met in the last 18 months, or the council does not comply 
  5.8   with the registration requirements of section 15.0599, 
  5.9   subdivision 3. 
  5.10     (b) The governor, the majority leader of the senate, the 
  5.11  speaker of the house of representatives, the minority leader of 
  5.12  the senate, and the minority leader of the house of 
  5.13  representatives shall each select a business and a labor 
  5.14  representative.  At least four of the labor representatives 
  5.15  shall be chosen from the affiliated membership of the Minnesota 
  5.16  AFL-CIO.  At least two of the business representatives shall be 
  5.17  representatives of small employers as defined in section 177.24, 
  5.18  subdivision 1, paragraph (a), clause (2).  None of the council 
  5.19  members shall represent attorneys, health care providers, 
  5.20  qualified rehabilitation consultants, or insurance companies.  
  5.21  If the appointing officials cannot agree on a method of 
  5.22  appointing the required number of Minnesota AFL-CIO and small 
  5.23  business representatives by the second Monday in June of the 
  5.24  year in which appointments are made, they shall notify the 
  5.25  secretary of state.  The distribution of appointments shall then 
  5.26  be determined publicly by lot by the secretary of state or a 
  5.27  designee in the presence of the appointing officials or their 
  5.28  designees on the third Monday in June.  
  5.29     (c) Each council member shall appoint an alternate.  
  5.30  Alternates shall serve in the absence of the member they replace.
  5.31     (d) The ten appointed voting members shall serve for terms 
  5.32  of five years and may be reappointed. 
  5.33     (e) The council shall designate liaisons to the council 
  5.34  representing workers' compensation insurers; medical, hospital, 
  5.35  and rehabilitation providers; and the legal profession.  The 
  5.36  speaker and minority leader of the house of representatives 
  6.1   shall each appoint a caucus member as a liaison to the council.  
  6.2   The majority and minority leaders of the senate shall each 
  6.3   appoint a caucus member to serve as a liaison to the council. 
  6.4      (f) The compensation and removal of members shall be as 
  6.5   provided in section 15.059.  
  6.6      Sec. 3.  Minnesota Statutes 2000, section 175.008, is 
  6.7   amended to read: 
  6.8      175.008 [CODE ENFORCEMENT ADVISORY COUNCIL; CREATION.] 
  6.9      The commissioner shall appoint an 11 member advisory 
  6.10  council on code enforcement.  The terms, compensation, and 
  6.11  removal of council members, and expiration of the council are 
  6.12  governed by section 15.059, except that.  Notwithstanding 
  6.13  section 15.059, the advisory council shall does not expire 
  6.14  before June 30, 2001 unless the council no longer fulfills the 
  6.15  purpose for which the council was established, the council has 
  6.16  not met in the last 18 months, or the council does not comply 
  6.17  with the registration requirements of section 15.0599, 
  6.18  subdivision 3.  The council shall advise the commissioner on 
  6.19  matters within the council's expertise or under the regulation 
  6.20  of the commissioner. 
  6.21     Sec. 4.  Minnesota Statutes 2000, section 176.102, 
  6.22  subdivision 3, is amended to read: 
  6.23     Subd. 3.  [REVIEW PANEL.] There is created a rehabilitation 
  6.24  review panel composed of the commissioner or a designee, who 
  6.25  shall serve as an ex officio member and two members each from 
  6.26  employers, insurers, rehabilitation, and medicine, one member 
  6.27  representing chiropractors, and four members representing 
  6.28  labor.  The members shall be appointed by the commissioner and 
  6.29  shall serve four-year terms which may be renewed.  Terms, 
  6.30  compensation, and removal for members shall be governed by 
  6.31  section 15.0575.  Notwithstanding section 15.059, this panel 
  6.32  does not expire unless the panel no longer fulfills the purpose 
  6.33  for which the panel was established, the panel has not met in 
  6.34  the last 18 months, or the panel does not comply with the 
  6.35  registration requirements of section 15.0599, subdivision 3.  
  6.36  The panel shall select a chair.  The panel shall review and make 
  7.1   a determination with respect to appeals from orders of the 
  7.2   commissioner regarding certification approval of qualified 
  7.3   rehabilitation consultants and vendors.  The hearings are de 
  7.4   novo and initiated by the panel under the contested case 
  7.5   procedures of chapter 14, and are appealable to the workers' 
  7.6   compensation court of appeals in the manner provided by section 
  7.7   176.421.  
  7.8      Sec. 5.  Minnesota Statutes 2000, section 176.103, 
  7.9   subdivision 3, is amended to read: 
  7.10     Subd. 3.  [MEDICAL SERVICES REVIEW BOARD; SELECTION; 
  7.11  POWERS.] (a) There is created a medical services review board 
  7.12  composed of the commissioner or the commissioner's designee as 
  7.13  an ex officio member, two persons representing chiropractic, one 
  7.14  person representing hospital administrators, one physical 
  7.15  therapist, and six physicians representing different specialties 
  7.16  which the commissioner determines are the most frequently 
  7.17  utilized by injured employees.  The board shall also have one 
  7.18  person representing employees, one person representing employers 
  7.19  or insurers, and one person representing the general public.  
  7.20  The members shall be appointed by the commissioner and shall be 
  7.21  governed by section 15.0575.  Terms of the board's members may 
  7.22  be renewed.  The board may appoint from its members whatever 
  7.23  subcommittees it deems appropriate.  Notwithstanding section 
  7.24  15.059, this board does not expire unless the board no longer 
  7.25  fulfills the purpose for which the board was established, the 
  7.26  board has not met for the last 18 months, or the board does not 
  7.27  comply with the registration requirements of section 15.0599, 
  7.28  subdivision 3. 
  7.29     The commissioner may appoint alternates for one-year terms 
  7.30  to serve as a member when a member is unavailable.  The number 
  7.31  of alternates shall not exceed one chiropractor, one physical 
  7.32  therapist, one hospital administrator, three physicians, one 
  7.33  employee representative, one employer or insurer representative, 
  7.34  and one representative of the general public. 
  7.35     The board shall review clinical results for adequacy and 
  7.36  recommend to the commissioner scales for disabilities and 
  8.1   apportionment.  
  8.2      The board shall review and recommend to the commissioner 
  8.3   rates for individual clinical procedures and aggregate costs.  
  8.4   The board shall assist the commissioner in accomplishing public 
  8.5   education.  
  8.6      In evaluating the clinical consequences of the services 
  8.7   provided to an employee by a clinical health care provider, the 
  8.8   board shall consider the following factors in the priority 
  8.9   listed:  
  8.10     (1) the clinical effectiveness of the treatment; 
  8.11     (2) the clinical cost of the treatment; and 
  8.12     (3) the length of time of treatment.  
  8.13     The board shall advise the commissioner on the adoption of 
  8.14  rules regarding all aspects of medical care and services 
  8.15  provided to injured employees.  
  8.16     (b) The medical services review board may upon petition 
  8.17  from the commissioner and after hearing, issue a warning, a 
  8.18  penalty of $200 per violation, a restriction on providing 
  8.19  treatment that requires preauthorization by the board, 
  8.20  commissioner, or compensation judge for a plan of treatment, 
  8.21  disqualify, or suspend a provider from receiving payment for 
  8.22  services rendered under this chapter if a provider has violated 
  8.23  any part of this chapter or rule adopted under this chapter, or 
  8.24  where there has been a pattern of, or an egregious case of, 
  8.25  inappropriate, unnecessary, or excessive treatment by a provider.
  8.26  The hearings are initiated by the commissioner under the 
  8.27  contested case procedures of chapter 14.  The board shall make 
  8.28  the final decision following receipt of the recommendation of 
  8.29  the administrative law judge.  The board's decision is 
  8.30  appealable to the workers' compensation court of appeals in the 
  8.31  manner provided by section 176.421. 
  8.32     (c) The board may adopt rules of procedure.  The rules may 
  8.33  be joint rules with the rehabilitation review panel.  
  8.34     Sec. 6.  Minnesota Statutes 2000, section 178.02, 
  8.35  subdivision 2, is amended to read: 
  8.36     Subd. 2.  [TERMS.] Notwithstanding section 15.059, the 
  9.1   council shall does not expire and unless the council no longer 
  9.2   fulfills the purpose for which the council was established, the 
  9.3   council has not met in the last 18 months, or the council does 
  9.4   not comply with the registration requirements of section 
  9.5   15.0599, subdivision 3.  The terms, compensation, and removal of 
  9.6   appointed members shall be as provided in section 15.059, except 
  9.7   that the council shall not expire before June 30, 2001. 
  9.8      Sec. 7.  Minnesota Statutes 2000, section 182.656, 
  9.9   subdivision 3, is amended to read: 
  9.10     Subd. 3.  A majority of the council members constitutes a 
  9.11  quorum.  The council shall meet at the call of its chair, or 
  9.12  upon request of any six members.  A tape recording of the 
  9.13  meeting with the tape being retained for a one-year period will 
  9.14  be available upon the request and payment of costs to any 
  9.15  interested party.  Notwithstanding section 15.059, the council 
  9.16  shall does not expire and unless the council no longer fulfills 
  9.17  the purpose for which the council was established, the council 
  9.18  has not met in the last 18 months, or the council does not 
  9.19  comply with the registration requirements of section 15.0599, 
  9.20  subdivision 3.  The terms, compensation, and removal of members 
  9.21  shall be as provided in section 15.059, except that the council 
  9.22  shall not expire before June 30, 2001. 
  9.23     Sec. 8.  [EFFECTIVE DATE.] 
  9.24     Sections 1 to 7 are effective the day following final 
  9.25  enactment.