HF 1955

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying the name, duties, and 
  1.3             membership of regional coordinating boards; directing 
  1.4             federal financial participation for medical education 
  1.5             and research costs to be sought; authorizing the 
  1.6             commissioner of health to assume regulatory authority 
  1.7             over certain radioactive materials; modifying fees for 
  1.8             speech-language pathologists and audiologists; 
  1.9             modifying lead safety provisions; authorizing 
  1.10            penalties; appropriating money; amending Minnesota 
  1.11            Statutes 1998, sections 62J.09; 62J.69, by adding a 
  1.12            subdivision; 144.9504, subdivision 7; 144.99, 
  1.13            subdivision 1, and by adding a subdivision; and 
  1.14            148.5194; proposing coding for new law in Minnesota 
  1.15            Statutes, chapter 144; repealing Minnesota Statutes 
  1.16            1998, sections 144.9507; and 144.9511; Laws 1998, 
  1.17            chapter 407, article 2, section 104. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19                             ARTICLE 1
  1.20                           APPROPRIATIONS 
  1.21  Section 1.  [HEALTH APPROPRIATIONS.] 
  1.22     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.23  appropriated from the general fund, or any other fund named, to 
  1.24  the agency and for the purposes specified in the following 
  1.25  sections of this article, to be available for the fiscal years 
  1.26  indicated for each purpose.  The figures "2000" and "2001" where 
  1.27  used in this article, mean that the appropriation or 
  1.28  appropriations listed under them are available for the fiscal 
  1.29  year ending June 30, 2000, or June 30, 2001, respectively.  
  1.30  Where a dollar amount appears in parentheses, it means a 
  1.31  reduction of an appropriation.  
  2.1                           SUMMARY BY FUND 
  2.2   APPROPRIATIONS                                      BIENNIAL
  2.3                             2000          2001           TOTAL
  2.4   General          $.,...,...,000 $.,...,...,000 $.,...,...,000
  2.5   State Government
  2.6   Special Revenue      ..,...,000     ..,...,000     ..,...,000
  2.7   Health Care
  2.8   Access              ...,...,000    ...,...,000    ...,...,000
  2.9   Metropolitan 
  2.10  Landfill Contingency
  2.11  Action Fund             ...,000        ...,000        ...,000
  2.12  Trunk Highway         .,...,000      .,...,000      .,...,000
  2.13  TOTAL            $.,...,...,000 $.,...,...,000 $.,...,...,000
  2.14                                             APPROPRIATIONS 
  2.15                                         Available for the Year 
  2.16                                             Ending June 30 
  2.17                                            2000         2001 
  2.18  Sec. 2.  COMMISSIONER OF HEALTH
  2.19  Subdivision 1.  Total 
  2.20  Appropriation                         ..,...,000     ..,...,000
  2.21                Summary by Fund
  2.22  General              ..,...,000    ..,...,000
  2.23  Metropolitan 
  2.24  Landfill Contingency
  2.25  Action Fund             ...,000       ...,000
  2.26  State Government
  2.27  Special Revenue      ..,...,000    ..,...,000
  2.28  Health Care
  2.29  Access              ...,...,000   ...,...,000
  2.30  Subd. 2.  Health Systems
  2.31  and Special Populations               ..,...,000     ..,...,000
  2.32                Summary by Fund
  2.33  General              ..,...,000    ..,...,000
  2.34  State Government
  2.35  Special Revenue       .,...,000     .,...,000
  2.36  Health Care 
  2.37  Access              ...,...,000   ...,...,000
  2.38  [TOBACCO PREVENTION.] (a) Of the 
  2.39  general fund appropriation, $7,500,000 
  2.40  each year is appropriated to the 
  2.41  commissioner for tobacco use prevention.
  2.42  This appropriation shall not become 
  2.43  part of the base level funding for this 
  2.44  activity in the 2002-2003 biennial 
  2.45  budget. 
  2.46  (b) $5,000,000 each year is for grants 
  2.47  to community health boards under 
  2.48  Minnesota Statutes, chapter 145A, and 
  2.49  to the governing bodies of the 11 
  3.1   Indian reservations listed in Minnesota 
  3.2   Statutes, section 3.922, subdivision 1, 
  3.3   for the development of community 
  3.4   initiatives to reduce and prevent 
  3.5   tobacco use.  In allocating these 
  3.6   grants, the commissioner shall make an 
  3.7   initial grant of $50,000 to each 
  3.8   community health board and Indian 
  3.9   reservation.  The commissioner shall 
  3.10  distribute the balance of these grant 
  3.11  funds to community health boards in 
  3.12  proportion to population under 
  3.13  Minnesota Statutes, section 145A.13, 
  3.14  subdivision 1, paragraph (b), and as 
  3.15  provided under Minnesota Statutes, 
  3.16  section 145A.13, subdivision 3. 
  3.17  (c) $2,500,000 each year is for the 
  3.18  commissioner to provide for statewide 
  3.19  coordination, monitoring, evaluation, 
  3.20  and technical assistance for tobacco 
  3.21  use prevention activities and to 
  3.22  improve the enforcement of the 
  3.23  Minnesota Clean Indoor Air Act under 
  3.24  Minnesota Statutes, sections 144.411 to 
  3.25  144.417.  Unexpended funds do not 
  3.26  cancel on June 30, 2001, but are 
  3.27  available until June 30, 2003, for 
  3.28  evaluation activities. 
  3.29  [STATE VITAL STATISTICS REDESIGN 
  3.30  PROJECT ACCOUNT.] The amount 
  3.31  appropriated from the state government 
  3.32  special revenue fund in Laws 1997, 
  3.33  chapter 203, article 1, section 3, 
  3.34  subdivision 2, for the vital records 
  3.35  redesign project is available for 
  3.36  development and implementation costs 
  3.37  until expended.  
  3.38  [WIC TRANSFERS.] The general fund 
  3.39  appropriation for the women, infants, 
  3.40  and children (WIC) food supplement 
  3.41  program is available for either year of 
  3.42  the biennium.  Transfers of these funds 
  3.43  between fiscal years must either be to 
  3.44  maximize federal funds or to minimize 
  3.45  fluctuations in the number of program 
  3.46  participants. 
  3.47  [MINNESOTA CHILDREN WITH SPECIAL HEALTH 
  3.48  NEEDS CARRYOVER.] General fund 
  3.49  appropriations for treatment services 
  3.50  in the services for Minnesota children 
  3.51  with special health needs program are 
  3.52  available for either year of the 
  3.53  biennium. 
  3.54  [FAMILY PLANNING GRANTS.] The 
  3.55  commissioner must allocate to each 
  3.56  organization receiving funds under 
  3.57  Minnesota Statutes, section 145.925, on 
  3.58  July 1, 1999, at least the same amount 
  3.59  of grant funds for the 2000 to 2001 
  3.60  grant funding cycle as the organization 
  3.61  received for the 1998 to 1999 grant 
  3.62  funding cycle, provided that the 
  3.63  organization submits revised goals, 
  3.64  objectives, methodologies, and budgets. 
  3.65  Subd. 3.  Health Protection          ..,...,000     ..,...,000
  4.1                 Summary by Fund
  4.2   General               .,...,000     .,...,000
  4.3   Metro Landfill
  4.4   Contingency             ...,000       ...,000
  4.5   State Government 
  4.6   Special Revenue      ..,...,000    ..,...,000
  4.7   [OCCUPATIONAL RESPIRATORY DISEASE 
  4.8   INFORMATION SYSTEM.] Unexpended funds 
  4.9   appropriated in Laws 1998, chapter 407, 
  4.10  article 1, section 3, subdivision 3, to 
  4.11  design an occupational respiratory 
  4.12  disease information system do not 
  4.13  cancel but are available until 
  4.14  expended.  This provision is effective 
  4.15  the day following final enactment. 
  4.16  Subd. 4.  Management and
  4.17  Support Services                      .,...,000      .,...,000
  4.18                Summary by Fund
  4.19  General               .,...,000     .,...,000
  4.20  State Government
  4.21  Special Revenue         ...,000       ...,000
  4.22  Health Care
  4.23  Access                  ...,000       ...,000
  4.24  [PUBLIC HEALTH INFORMATION SYSTEM.] Of 
  4.25  the general fund appropriation, 
  4.26  $805,000 for the biennium is for grants 
  4.27  to community health boards to establish 
  4.28  Internet connections to local health 
  4.29  agencies and to improve Internet 
  4.30  communications among state and local 
  4.31  units of government.  The portion of 
  4.32  this appropriation that is for 
  4.33  development costs shall be included in 
  4.34  the commissioner's base level funding 
  4.35  for this activity in the 2002-2003 
  4.36  biennial budget for ongoing operating 
  4.37  costs. 
  4.38  [MINORITY HEALTH.] Of the general fund 
  4.39  appropriation, $700,000 for the 
  4.40  biennium is for one-time grants to 
  4.41  local health agencies to conduct a 
  4.42  health needs assessment that is 
  4.43  specific to populations of color.  This 
  4.44  appropriation shall not become part of 
  4.45  the base level funding for this 
  4.46  activity in the 2002-2003 biennial 
  4.47  budget. 
  4.48  Subd. 5.  Landfill Contingency 
  4.49  The appropriation from the metropolitan 
  4.50  landfill contingency action fund is for 
  4.51  monitoring well water supplies and 
  4.52  conducting health assessments in the 
  4.53  metropolitan area. 
  4.54  Sec. 3.  TRANSFERS 
  4.55  Positions, salary money, and nonsalary 
  5.1   administrative money may be transferred 
  5.2   within the department of health as the 
  5.3   commissioner considers necessary with 
  5.4   the advance approval of the 
  5.5   commissioner of finance.  The 
  5.6   commissioner of finance shall inform 
  5.7   the chairs of the house health and 
  5.8   human services finance committee and 
  5.9   the senate health and family security 
  5.10  budget division quarterly about 
  5.11  transfers made under this provision. 
  5.12  Sec. 4.  CARRYOVER LIMITATION 
  5.13  None of the appropriations in this act 
  5.14  which are allowed to be carried forward 
  5.15  from fiscal year 2000 to fiscal year 
  5.16  2001 shall become part of the base 
  5.17  level funding for the 2002-2003 
  5.18  biennial budget, unless specifically 
  5.19  directed by the legislature. 
  5.20  Sec. 5.  SUNSET OF UNCODIFIED LANGUAGE 
  5.21  All uncodified language contained in 
  5.22  this article expires on June 30, 2001, 
  5.23  unless a different expiration date is 
  5.24  explicit. 
  5.25                             ARTICLE 2
  5.26                         HEALTH DEPARTMENT
  5.27     Section 1.  Minnesota Statutes 1998, section 62J.09, is 
  5.28  amended to read: 
  5.29     62J.09 [REGIONAL COORDINATING BOARDS HEALTH CARE ACCESS 
  5.30  COUNCILS.] 
  5.31     Subdivision 1.  [GENERAL DUTIES.] (a) The commissioner 
  5.32  shall divide the state into six regions, one of these regions 
  5.33  being the seven-county metropolitan area.  
  5.34     (b) Each region shall establish a locally controlled 
  5.35  regional coordinating board health care access council 
  5.36  consisting of providers, health plan companies, employers, 
  5.37  consumers, and elected officials.  Regional coordinating boards 
  5.38  may health care access councils shall: 
  5.39     (1) identify barriers to health care access in their 
  5.40  regions, cooperating with other local, regional, and statewide 
  5.41  entities as appropriate; 
  5.42     (2) develop and implement programs or projects to reduce 
  5.43  and eliminate barriers to health care access in their regions; 
  5.44  and 
  5.45     (3) develop and submit to the commissioner of health, by 
  6.1   August 15, 2002, a transition plan for sustaining regional 
  6.2   health care access work beyond June 30, 2005. 
  6.3      (c) Regional health care access councils may: 
  6.4      (1) develop recommendations for statewide programs or 
  6.5   projects to reduce and eliminate barriers to health care access 
  6.6   and for programs, projects, or policy changes requiring 
  6.7   legislative action.  If a council develops such recommendations, 
  6.8   the council shall forward the recommendations to the 
  6.9   commissioner by May 30, 2000, or May 30, 2002; 
  6.10     (2) undertake voluntary activities to educate consumers, 
  6.11  providers, and purchasers about community plans and projects 
  6.12  promoting health care cost containment, consumer accountability, 
  6.13  access, and quality and efforts to achieve public health goals; 
  6.14     (2) make recommendations to the commissioner regarding ways 
  6.15  of improving affordability, accessibility, and quality of health 
  6.16  care in the region and throughout the state; 
  6.17     (3) provide technical assistance to parties interested in 
  6.18  establishing or operating a community integrated service network 
  6.19  within the region.  This assistance must complement assistance 
  6.20  provided by the commissioner under section 62N.23; 
  6.21     (4) (3) advise the commissioner on public health goals, 
  6.22  taking into consideration the relevant portions of the community 
  6.23  health service plans, plans required by the Minnesota 
  6.24  Comprehensive Adult Mental Health Act, the Minnesota 
  6.25  Comprehensive Children's Mental Health Act, and the Community 
  6.26  Social Service Act plans developed by county boards or community 
  6.27  health boards in the region under chapters 145A, 245, and 
  6.28  256E; and 
  6.29     (5) prepare an annual regional education plan that is 
  6.30  consistent with and supportive of public health goals identified 
  6.31  by community health boards in the region; and 
  6.32     (6) serve as advisory bodies to identify potential 
  6.33  applicants for federal Health Professional Shortage Area and 
  6.34  federal Medically Underserved Area designation as requested by 
  6.35  the commissioner. 
  6.36     (4) seek additional funds for program development and 
  7.1   implementation from public and private sources. 
  7.2      (d) The commissioner shall provide staff support to the 
  7.3   regional councils. 
  7.4      Subd. 2.  [MEMBERSHIP.] (a)  [NUMBER OF MEMBERS.] Each 
  7.5   regional coordinating board health care access council consists 
  7.6   of 17 at least 15 and no more than 18 members as provided in 
  7.7   this subdivision.  A member may designate a representative to 
  7.8   act as a member of the board in the member's absence.  The 
  7.9   governor shall appoint the chair of each regional board Every 
  7.10  two years, members of each council shall elect a chair from 
  7.11  among its members.  The appointing authorities under each 
  7.12  paragraph for which there is to be chosen more than one member 
  7.13  shall consult prior to appointments being made to ensure that, 
  7.14  to the extent possible, the board includes a representative from 
  7.15  each county within the region.  
  7.16     (b)  [PROVIDER REPRESENTATIVES.] Each regional board 
  7.17  must council may include up to four members representing health 
  7.18  care providers who practice in the region.  One member is 
  7.19  appointed by The Minnesota Medical Association.  One member is 
  7.20  appointed by may appoint one member.  The Minnesota 
  7.21  Hospital Association.  One member is appointed by and Healthcare 
  7.22  Partnership may appoint one member.  The Minnesota Nurses' 
  7.23  Association.  The remaining member is appointed by may appoint 
  7.24  one member.  The governor may appoint one member to represent 
  7.25  providers other than physicians, hospitals, and nurses. 
  7.26     (c)  [HEALTH PLAN COMPANY REPRESENTATIVES.] Each 
  7.27  regional board includes four council may include up to three 
  7.28  members representing health plan companies who provide coverage 
  7.29  for residents of the region, including one member representing 
  7.30  health insurers who is elected by a vote of all.  Health 
  7.31  insurers providing coverage in the region, one member elected by 
  7.32  a vote of all may appoint one member.  Health maintenance 
  7.33  organizations providing coverage in the region, and one member 
  7.34  appointed by may appoint one member.  Blue Cross and Blue Shield 
  7.35  of Minnesota.  The fourth member is appointed by the 
  7.36  governor may appoint one member. 
  8.1      (d)  [EMPLOYER REPRESENTATIVES.] Regional boards councils 
  8.2   may include three up to two members representing employers in 
  8.3   the region.  Employer representatives are appointed by The 
  8.4   Minnesota chamber of commerce from nominations provided by 
  8.5   members of or local chambers of commerce in the region.  At 
  8.6   least one member must represent self-insured employers may 
  8.7   appoint these members.  
  8.8      (e)  [EMPLOYEE UNIONS.] Regional boards councils may 
  8.9   include one member appointed by the AFL-CIO Minnesota who is a 
  8.10  union member residing or working in the region or who is a 
  8.11  representative of a union that is active in the region. 
  8.12     (f)  [PUBLIC MEMBERS.] Regional boards councils may include 
  8.13  three up to five consumer members.  One consumer member is 
  8.14  elected by the Community health boards in the region, with each 
  8.15  community health board having one vote.  One consumer member is 
  8.16  elected by may appoint one member.  The legislative commission 
  8.17  on health care access.  One consumer member is appointed by may 
  8.18  appoint one member.  The governor may appoint up to three 
  8.19  consumer members who represent senior citizens, minority groups, 
  8.20  clergy, social service agencies, or other consumer groups. 
  8.21     (g)  [COUNTY COMMISSIONER.] Regional boards councils may 
  8.22  include one member up to two members who is a are county 
  8.23  board member members.  The county board member is elected by a 
  8.24  vote of all of the county board members in the region, with each 
  8.25  county board having one vote Association of Minnesota Counties 
  8.26  may appoint these members.  
  8.27     (h)  [STATE AGENCY DEPARTMENT OF HUMAN SERVICES.] Regional 
  8.28  boards councils may include one state agency commissioner 
  8.29  appointed by the governor to represent state health coverage 
  8.30  programs employee of the Minnesota department of human services 
  8.31  who is appointed by the commissioner of human services. 
  8.32     (i)  [DUTIES OF COMMISSIONER.] The commissioner shall 
  8.33  ensure that each council's membership is geographically 
  8.34  representative of the council's region and may make appointments 
  8.35  to the councils as necessary to ensure that the councils meet 
  8.36  the requirements for the number of members in paragraph (a).  
  9.1   The commissioner shall notify council members of the expiration 
  9.2   of their terms, as governed by section 15.0575. 
  9.3      Subd. 4.  [FINANCIAL INTERESTS OF MEMBERS.] A member 
  9.4   representing employers, consumers, or employee unions must not 
  9.5   have any personal financial interest in the health care system 
  9.6   except as an individual consumer of health care services.  An 
  9.7   employee who participates in the management of a health benefit 
  9.8   plan may serve as a member representing employers or unions. 
  9.9      Subd. 5.  [CONFLICTS OF INTEREST.] No member may vote in 
  9.10  regional coordinating board health care access council 
  9.11  proceedings involving an individual provider, purchaser, or 
  9.12  patient, or a specific activity or transaction, if the member 
  9.13  has a direct financial interest in the outcome of the 
  9.14  regional coordinating board's health care access council's 
  9.15  proceedings other than as an individual consumer of health care 
  9.16  services.  A member with a direct financial interest may 
  9.17  participate in the proceedings, without voting, provided that 
  9.18  the member discloses any direct financial interest to the 
  9.19  regional coordinating board health care access council at the 
  9.20  beginning of the proceedings. 
  9.21     Subd. 6.  [TECHNICAL ASSISTANCE.] The commissioner shall 
  9.22  provide technical assistance to regional coordinating boards.  
  9.23  Technical assistance includes providing each regional board with 
  9.24  timely information concerning action plans, enrollment data, and 
  9.25  health care expenditures affecting the regional board's 
  9.26  region health care access councils as appropriate.  
  9.27     Subd. 6a.  [CONTRACTING.] The commissioner, at the request 
  9.28  of a regional coordinating board health care access council, may 
  9.29  contract on behalf of the board council with an appropriate 
  9.30  regional organization to provide staff support to the board 
  9.31  council, in order to assist the board council in carrying out 
  9.32  the duties assigned in this section. 
  9.33     Subd. 7.  [TERMS; COMPENSATION; REMOVAL; AND VACANCIES.] 
  9.34  Regional coordinating boards are governed by section 15.0575, 
  9.35  except that.  Except for members listed in subdivision 2, 
  9.36  paragraph (f), members do not receive per diem payments. 
 10.1      Subd. 8.  [REPEALER.] This section is repealed effective 
 10.2   July 1, 2000 2005. 
 10.3      Sec. 2.  Minnesota Statutes 1998, section 62J.69, is 
 10.4   amended by adding a subdivision to read: 
 10.5      Subd. 6.  [FEDERAL FINANCIAL PARTICIPATION.] The 
 10.6   commissioner of human services shall seek to maximize federal 
 10.7   financial participation in payments for medical education and 
 10.8   research costs.  If the commissioner of human services 
 10.9   determines that federal financial participation is available for 
 10.10  the medical education and research trust fund, the commissioner 
 10.11  of health shall transfer to the commissioner of human services 
 10.12  the amount of state funds necessary to maximize the federal 
 10.13  funds available.  The amount transferred to the commissioner of 
 10.14  human services, plus the amount of federal financial 
 10.15  participation, shall be distributed to medical assistance 
 10.16  providers according to the distribution methodology of the 
 10.17  medical education and research trust fund established under this 
 10.18  section. 
 10.19     Sec. 3.  [144.1201] [DEFINITIONS.] 
 10.20     Subdivision 1.  [APPLICABILITY.] For purposes of sections 
 10.21  144.1201 to 144.1204, the terms defined in this section have the 
 10.22  meanings given to them. 
 10.23     Subd. 2.  [BY-PRODUCT NUCLEAR MATERIAL.] "By-product 
 10.24  nuclear material" means a radioactive material, other than 
 10.25  special nuclear material, yielded in or made radioactive by 
 10.26  exposure to radiation created incident to the process of 
 10.27  producing or utilizing special nuclear material. 
 10.28     Subd. 3.  [RADIATION.] "Radiation" means ionizing radiation 
 10.29  and includes alpha rays; beta rays; gamma rays; x-rays; high 
 10.30  energy neutrons, protons, or electrons; and other atomic 
 10.31  particles. 
 10.32     Subd. 4.  [RADIOACTIVE MATERIAL.] "Radioactive material" 
 10.33  means a matter that emits radiation.  Radioactive material 
 10.34  includes special nuclear material, source nuclear material, and 
 10.35  by-product nuclear material. 
 10.36     Subd. 5.  [SOURCE NUCLEAR MATERIAL.] "Source nuclear 
 11.1   material" means uranium or thorium, or a combination thereof, in 
 11.2   any physical or chemical form; or ores that contain by weight 
 11.3   1/20 of one percent (0.05 percent) or more of uranium, thorium, 
 11.4   or a combination thereof.  Source nuclear material does not 
 11.5   include special nuclear material. 
 11.6      Subd. 6.  [SPECIAL NUCLEAR MATERIAL.] "Special nuclear 
 11.7   material" means: 
 11.8      (1) plutonium, uranium enriched in the isotope 233 or in 
 11.9   the isotope 235, and any other material that the Nuclear 
 11.10  Regulatory Commission determines to be special nuclear material 
 11.11  according to United States Code, title 42, section 2071, except 
 11.12  that source nuclear material is not included; and 
 11.13     (2) a material artificially enriched by any of the 
 11.14  materials listed in clause (1), except that source nuclear 
 11.15  material is not included. 
 11.16     Sec. 4.  [144.1202] [UNITED STATES NUCLEAR REGULATORY 
 11.17  COMMISSION AGREEMENT.] 
 11.18     Subdivision 1.  [AGREEMENT AUTHORIZED.] In order to have a 
 11.19  comprehensive program to protect the public from radiation 
 11.20  hazards, the governor, on behalf of the state, is authorized to 
 11.21  enter into agreements with the United States Nuclear Regulatory 
 11.22  Commission under the Atomic Energy Act of 1954, section 274b, as 
 11.23  amended.  The agreement shall provide for the discontinuance of 
 11.24  portions of the Nuclear Regulatory Commission's licensing and 
 11.25  related regulatory authority over by-product, source, and 
 11.26  special nuclear materials, and the assumption of regulatory 
 11.27  authority over these materials by the state. 
 11.28     Subd. 2.  [HEALTH DEPARTMENT DESIGNATED LEAD.] The 
 11.29  department of health is designated as the lead agency to pursue 
 11.30  an agreement on behalf of the governor and for any assumption of 
 11.31  specified licensing and regulatory authority from the Nuclear 
 11.32  Regulatory Commission under an agreement with the commission.  
 11.33  The commissioner of health shall establish an advisory group to 
 11.34  assist in preparing the state to meet the requirements for 
 11.35  reaching an agreement.  The commissioner may adopt rules to 
 11.36  allow the state to assume regulatory authority under an 
 12.1   agreement under this section, including the licensing and 
 12.2   regulation of radioactive materials.  Any regulatory authority 
 12.3   assumed by the state includes the ability to set and collect 
 12.4   fees. 
 12.5      Subd. 3.  [TRANSITION.] A person who, on the effective date 
 12.6   of an agreement under this section, possesses a Nuclear 
 12.7   Regulatory Commission license that is subject to the agreement 
 12.8   is deemed to possess a similar license issued by the department 
 12.9   of health.  A department of health license obtained under this 
 12.10  subdivision expires on the expiration date specified in the 
 12.11  federal license. 
 12.12     Subd. 4.  [AGREEMENT; CONDITIONS OF IMPLEMENTATION.] (a) An 
 12.13  agreement entered into before August 2, 2002, must remain in 
 12.14  effect until terminated under the Atomic Energy Act of 1954, 
 12.15  United States Code, title 42, section 2021, paragraph (j).  The 
 12.16  governor may not enter into an initial agreement with the 
 12.17  Nuclear Regulatory Commission after August 1, 2002.  If an 
 12.18  agreement is not entered into by August 1, 2002, any rules 
 12.19  adopted under this section are repealed effective August 1, 2002.
 12.20     (b) An agreement authorized under subdivision 1 must be 
 12.21  approved by law before it may be implemented. 
 12.22     Sec. 5.  [144.1203] [TRAINING; RULEMAKING.] 
 12.23     The commissioner shall adopt rules to ensure that 
 12.24  individuals handling or utilizing radioactive materials under 
 12.25  the terms of a license issued by the commissioner under section 
 12.26  144.1202 have proper training and qualifications to do so.  The 
 12.27  rules adopted must be at least as stringent as federal 
 12.28  regulations on proper training and qualifications adopted by the 
 12.29  Nuclear Regulatory Commission.  Rules adopted under this section 
 12.30  may incorporate federal regulations by reference. 
 12.31     Sec. 6.  [144.1204] [SURETY REQUIREMENTS.] 
 12.32     Subdivision 1.  [FINANCIAL ASSURANCE REQUIRED.] The 
 12.33  commissioner may require an applicant for a license under 
 12.34  section 144.1202, or a person who was formerly licensed by the 
 12.35  Nuclear Regulatory Commission and is now subject to sections 
 12.36  144.1201 to 144.1204, to post financial assurances to ensure the 
 13.1   completion of all requirements established by the commissioner 
 13.2   for the decontamination, closure, decommissioning, and 
 13.3   reclamation of sites, structures, and equipment used in 
 13.4   conjunction with activities related to licensure.  The financial 
 13.5   assurances posted must be sufficient to restore the site to 
 13.6   unrestricted future use and must be sufficient to provide for 
 13.7   surveillance and care when radioactive materials remain at the 
 13.8   site after the licensed activities cease.  The commissioner may 
 13.9   establish financial assurance criteria by rule.  In establishing 
 13.10  such criteria, the commissioner may consider: 
 13.11     (1) the chemical and physical form of the licensed 
 13.12  radioactive material; 
 13.13     (2) the quantity of radioactive material authorized; 
 13.14     (3) the particular radioisotopes authorized and their 
 13.15  subsequent radiotoxicity; 
 13.16     (4) the method in which the radioactive material is held, 
 13.17  used, stored, processed, transferred, or disposed of; and 
 13.18     (5) the potential costs of decontamination, treatment, or 
 13.19  disposal of a licensee's equipment and facilities. 
 13.20     Subd. 2.  [ACCEPTABLE FINANCIAL ASSURANCES.] The 
 13.21  commissioner may, by rule, establish types of financial 
 13.22  assurances that meet the requirements of this section.  Such 
 13.23  financial assurances may include bank letters of credit, 
 13.24  deposits of cash, or deposits of government securities. 
 13.25     Subd. 3.  [TRUST AGREEMENTS.] Financial assurances must be 
 13.26  established together with trust agreements.  Both the financial 
 13.27  assurances and the trust agreements must be in a form and 
 13.28  substance that meet requirements established by the commissioner.
 13.29     Subd. 4.  [EXEMPTIONS.] The commissioner is authorized to 
 13.30  exempt from the requirements of this section, by rule, any 
 13.31  category of licensee upon a determination by the commissioner 
 13.32  that an exemption does not result in a significant risk to the 
 13.33  public health or safety or to the environment and does not pose 
 13.34  a financial risk to the state. 
 13.35     Subd. 5.  [OTHER REMEDIES UNAFFECTED.] Nothing in this 
 13.36  section relieves a licensee of a civil liability incurred, nor 
 14.1   may this section be construed to relieve the licensee of 
 14.2   obligations to prevent or mitigate the consequences of improper 
 14.3   handling or abandonment of radioactive materials. 
 14.4      Sec. 7.  Minnesota Statutes 1998, section 144.9504, 
 14.5   subdivision 7, is amended to read: 
 14.6      Subd. 7.  [RELOCATION OF RESIDENTS.] (a) Within the limits 
 14.7   of appropriations, the assessing agency shall ensure that 
 14.8   residents are relocated from rooms or dwellings during a lead 
 14.9   hazard reduction process that generates leaded dust, such as 
 14.10  removal or disruption of lead-based paint or plaster that 
 14.11  contains lead.  Residents shall not remain in rooms or dwellings 
 14.12  where the lead hazard reduction process is occurring.  An 
 14.13  assessing agency is not required to pay for relocation unless 
 14.14  state or federal funding is available for this purpose.  The 
 14.15  assessing agency shall make an effort to assist the resident in 
 14.16  locating resources that will provide assistance with relocation 
 14.17  costs.  Residents shall be allowed to return to the residence or 
 14.18  dwelling after completion of the lead hazard reduction process.  
 14.19  An assessing agency shall use grant funds under section 144.9507 
 14.20  if available, in cooperation with local housing agencies, to pay 
 14.21  for moving costs and rent for a temporary residence for any 
 14.22  low-income resident temporarily relocated during lead hazard 
 14.23  reduction.  For purposes of this section, "low-income resident" 
 14.24  means any resident whose gross household income is at or below 
 14.25  185 percent of federal poverty level.  
 14.26     (b) A resident of rental property who is notified by an 
 14.27  assessing agency to vacate the premises during lead hazard 
 14.28  reduction, notwithstanding any rental agreement or lease 
 14.29  provisions:  
 14.30     (1) shall not be required to pay rent due the landlord for 
 14.31  the period of time the tenant vacates the premises due to lead 
 14.32  hazard reduction; 
 14.33     (2) may elect to immediately terminate the tenancy 
 14.34  effective on the date the tenant vacates the premises due to 
 14.35  lead hazard reduction; and 
 14.36     (3) shall not, if the tenancy is terminated, be liable for 
 15.1   any further rent or other charges due under the terms of the 
 15.2   tenancy. 
 15.3      (c) A landlord of rental property whose tenants vacate the 
 15.4   premises during lead hazard reduction shall:  
 15.5      (1) allow a tenant to return to the dwelling unit after 
 15.6   lead hazard reduction and clearance inspection, required under 
 15.7   this section, is completed, unless the tenant has elected to 
 15.8   terminate the tenancy as provided for in paragraph (b); and 
 15.9      (2) return any security deposit due under section 504.20 
 15.10  within five days of the date the tenant vacates the unit, to any 
 15.11  tenant who terminates tenancy as provided for in paragraph (b).  
 15.12     Sec. 8.  Minnesota Statutes 1998, section 144.99, 
 15.13  subdivision 1, is amended to read: 
 15.14     Subdivision 1.  [REMEDIES AVAILABLE.] The provisions of 
 15.15  chapters 103I and 157 and sections 115.71 to 115.77; 144.12, 
 15.16  subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), 
 15.17  (14), and (15); 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 
 15.18  144.381 to 144.385; 144.411 to 144.417; 144.495; 144.71 to 
 15.19  144.74; 144.9501 to 144.9509; 144.992; 326.37 to 326.45; 326.57 
 15.20  to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all 
 15.21  rules, orders, stipulation agreements, settlements, compliance 
 15.22  agreements, licenses, registrations, certificates, and permits 
 15.23  adopted or issued by the department or under any other law now 
 15.24  in force or later enacted for the preservation of public health 
 15.25  may, in addition to provisions in other statutes, be enforced 
 15.26  under this section. 
 15.27     Sec. 9.  Minnesota Statutes 1998, section 144.99, is 
 15.28  amended by adding a subdivision to read: 
 15.29     Subd. 11.  [SECURING RADIOACTIVE MATERIALS.] (a) In the 
 15.30  event of an emergency that poses a danger to the public health, 
 15.31  the commissioner shall have the authority to impound radioactive 
 15.32  materials and the associated shielding in the possession of a 
 15.33  person who fails to abide by the provisions of the statutes, 
 15.34  rules, and any other item listed in subdivision 1.  If 
 15.35  impounding the source of these materials is impractical, the 
 15.36  commissioner shall have the authority to lock or otherwise 
 16.1   secure a facility that contains the source of such materials, 
 16.2   but only the portions of the facility as is necessary to protect 
 16.3   the public health.  An action taken under this paragraph is 
 16.4   effective for up to 72 hours.  The commissioner must seek an 
 16.5   injunction or take other administrative action to secure 
 16.6   radioactive materials beyond the initial 72-hour period. 
 16.7      (b) The commissioner may release impounded radioactive 
 16.8   materials and the associated shielding to the owner of the 
 16.9   radioactive materials and associated shielding, upon terms and 
 16.10  conditions that are in accordance with the provisions of 
 16.11  statutes, rules, and other items listed in subdivision 1.  In 
 16.12  the alternative, the commissioner may bring an action in a court 
 16.13  of competent jurisdiction for an order directing the disposal of 
 16.14  impounded radioactive materials and associated shielding or 
 16.15  directing other disposition as necessary to protect the public 
 16.16  health and safety and the environment.  The costs of 
 16.17  decontamination, transportation, burial, disposal, or other 
 16.18  disposition shall be borne by the owner or licensee of the 
 16.19  radioactive materials and shielding or by any other person who 
 16.20  has used the radioactive materials and shielding for business 
 16.21  purposes. 
 16.22     Sec. 10.  Minnesota Statutes 1998, section 148.5194, is 
 16.23  amended to read: 
 16.24     148.5194 [FEES.] 
 16.25     Subdivision 1.  [FEE PRORATION.] The commissioner shall 
 16.26  prorate the registration fee for first time registrants 
 16.27  according to the number of months that have elapsed between the 
 16.28  date registration is issued and the date registration must be 
 16.29  renewed under section 148.5191, subdivision 4.  
 16.30     Subd. 2.  [BIENNIAL REGISTRATION FEE.] The fee for initial 
 16.31  registration and biennial registration, temporary registration, 
 16.32  or renewal is $160 $200.  
 16.33     Subd. 3.  [BIENNIAL REGISTRATION FEE FOR DUAL REGISTRATION 
 16.34  AS A SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST.] The fee for 
 16.35  initial registration and biennial registration, temporary 
 16.36  registration, or renewal is $160 $200.  
 17.1      Subd. 3a.  [SURCHARGE FEE.] For a period of four years 
 17.2   following the effective date of this subdivision, an applicant 
 17.3   for registration or registration renewal must pay a surcharge 
 17.4   fee of $25 in addition to any other fees due upon registration 
 17.5   or registration renewal. 
 17.6      Subd. 4.  [PENALTY FEE FOR LATE RENEWALS.] The penalty fee 
 17.7   for late submission of a renewal application is $15 $45.  
 17.8      Subd. 5.  [NONREFUNDABLE FEES.] All fees are nonrefundable. 
 17.9      Sec. 11.  [REPEALER.] 
 17.10     (a) Minnesota Statutes 1998, sections 144.9507 and 
 17.11  144.9511, are repealed. 
 17.12     (b) Laws 1998, chapter 407, article 2, section 104, is 
 17.13  repealed.