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SF 1263

as introduced - 82nd Legislature (2001 - 2002) 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; changing the expiration 
  1.3             dates of certain advisory councils and committees and 
  1.4             other multimember entities; amending Minnesota 
  1.5             Statutes 2000, sections 6.65; 15.059, subdivisions 5 
  1.6             and 5a; 15.50, subdivision 2; 16B.27, subdivision 3; 
  1.7             16B.76, subdivision 1; 17.136; 18B.305, subdivision 3; 
  1.8             21.112, subdivision 2; 28A.20, subdivision 6; 43A.316, 
  1.9             subdivision 4; 62J.15, subdivision 1; 62J.46, 
  1.10            subdivision 1; 62Q.03, subdivision 5a; 82B.05, 
  1.11            subdivision 1; 122A.624, subdivision 2; 144.672, 
  1.12            subdivision 1; 144A.073, subdivisions 2 and 3; 
  1.13            145A.10, subdivision 10; 148C.11, subdivision 3; 
  1.14            161.17, subdivision 2; 174.55, subdivision 1; 
  1.15            256B.0917, subdivisions 1 and 2; 256B.093, subdivision 
  1.16            1; 256B.69, subdivision 5b; 256E.115, subdivision 1; 
  1.17            268.362, subdivision 2; and 402.03; repealing 
  1.18            Minnesota Statutes 2000, sections 17.49, subdivision 
  1.19            1; 17.703; 17.76; 40A.14, subdivision 3; 52.061; 
  1.20            60K.19, subdivision 4; 93.002; 97A.055, subdivision 
  1.21            4a; 116C.711; 124D.894; 124D.95, subdivision 6; 
  1.22            134.31, subdivision 5; 137.342, subdivision 2; 
  1.23            144A.073, subdivision 3c; 144A.31; 162.09, subdivision 
  1.24            2; 256.955, subdivision 5; 256B.0625, subdivision 13a; 
  1.25            256B.0911, subdivision 8; 256B.434, subdivision 13; 
  1.26            268.361, subdivision 2; 268.363; 299A.295, subdivision 
  1.27            2; 299K.03, subdivision 4; and 299M.02. 
  1.29     Section 1.  Minnesota Statutes 2000, section 6.65, is 
  1.30  amended to read: 
  1.32     The state auditor shall prescribe minimum procedures and 
  1.33  the audit scope for auditing the books, records, accounts, and 
  1.34  affairs of local governments in Minnesota.  The minimum scope 
  1.35  for audits of all local governments must include financial and 
  1.36  legal compliance audits for fiscal years ending after January 
  2.1   15, 1984.  Audits of all school districts shall include a 
  2.2   determination of compliance with uniform financial accounting 
  2.3   and reporting standards.  The state auditor shall establish a 
  2.4   task force to promulgate an audit guide for legal compliance 
  2.5   audits.  The task force must include representatives of the 
  2.6   state auditor, the attorney general, towns, cities, counties, 
  2.7   school districts, and private sector public accountants. 
  2.8      Sec. 2.  Minnesota Statutes 2000, section 15.059, 
  2.9   subdivision 5, is amended to read: 
  2.10     Subd. 5.  [EXPIRATION DATE.] (a) Unless a different date is 
  2.11  specified by law, the existence of each advisory council and 
  2.12  committee established before January 1, 1997 2001, terminates 
  2.13  June 30, 1997 2001.  An advisory council or committee 
  2.14  established by law and in existence after June 30, 1997 2001, 
  2.15  expires on the date specified in the law establishing the group 
  2.16  or on June 30, 2001 2003, whichever is sooner.  This subdivision 
  2.17  applies whether or not the law establishing the group provides 
  2.18  that the group is governed by this section. 
  2.19     (b) An advisory council or committee does not expire in 
  2.20  accordance with paragraph (a) if it: 
  2.21     (1) is an occupational licensure advisory group to a 
  2.22  licensing board or agency; 
  2.23     (2) administers and awards grants; or 
  2.24     (3) is required by federal law or regulation. 
  2.25  A council or committee covered by this paragraph expires June 
  2.26  30, 2001 2003. 
  2.27     Sec. 3.  Minnesota Statutes 2000, section 15.059, 
  2.28  subdivision 5a, is amended to read: 
  2.29     Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
  2.30  5, the advisory councils and committees listed in this 
  2.31  subdivision do not expire June 30, 1997 2001.  These groups 
  2.32  expire June 30, 2001 2003, unless the law creating the group or 
  2.33  this subdivision specifies an earlier expiration date. 
  2.34     Investment advisory council, created in section 11A.08; 
  2.35     Intergovernmental information systems advisory council, 
  2.36  created in section 16B.42, expires June 30, 1999; 
  3.1      Feedlot and manure management advisory committee, created 
  3.2   in section 17.136; 
  3.3      Aquaculture advisory committee, created in section 17.49; 
  3.4      Dairy producers board, created in section 17.76; 
  3.5      Pesticide applicator education and examination review 
  3.6   board, created in section 18B.305; 
  3.7      Advisory seed potato certification task force, created in 
  3.8   section 21.112; 
  3.9      Food safety advisory committee, created in section 28A.20; 
  3.10     Minnesota organic advisory task force, created in section 
  3.11  31.95; 
  3.12     Public programs risk adjustment work group, created in 
  3.13  section 62Q.03; 
  3.14     Workers' compensation self-insurers' advisory committee, 
  3.15  created in section 79A.02; 
  3.16     Youth corps advisory committee, created in section 84.0887; 
  3.17     Iron range off-highway vehicle advisory committee, created 
  3.18  in section 85.013; 
  3.19     Mineral coordinating committee, created in section 93.002; 
  3.20     Game and fish fund citizen advisory committees, created in 
  3.21  section 97A.055; 
  3.22     Wetland heritage advisory committee, created in section 
  3.23  103G.2242; 
  3.24     Wastewater treatment technical advisory committee, created 
  3.25  in section 115.54; 
  3.26     Solid waste management advisory council, created in section 
  3.27  115A.12; 
  3.28     Nuclear waste council, created in section 116C.711; 
  3.29     Genetically engineered organism advisory committee, created 
  3.30  in section 116C.93; 
  3.31     Environment and natural resources trust fund advisory 
  3.32  committee, created in section 116P.06; 
  3.33     Child abuse prevention advisory council, created in section 
  3.34  119A.13; 
  3.35     Chemical abuse and violence prevention council, created in 
  3.36  section 119A.293; 
  4.1      Youth neighborhood centers advisory board, created in 
  4.2   section 119A.295; 
  4.3      Interagency coordinating council, created in section 
  4.4   125A.28, expires June 30, 1999; 
  4.5      Desegregation/integration advisory board, created in 
  4.6   section 124D.892; 
  4.7      Nonpublic education council, created in section 123B.445; 
  4.8      Permanent school fund advisory committee, created in 
  4.9   section 127A.30; 
  4.10     Indian scholarship committee, created in section 124D.84, 
  4.11  subdivision 2; 
  4.12     American Indian education committees, created in section 
  4.13  124D.80; 
  4.14     Summer scholarship advisory committee, created in section 
  4.15  124D.95; 
  4.16     Multicultural education advisory committee, created in 
  4.17  section 124D.894; 
  4.18     Male responsibility and fathering grants review committee, 
  4.19  created in section 124D.33; 
  4.20     Library for the blind and physically handicapped advisory 
  4.21  committee, created in section 134.31; 
  4.22     Higher education advisory council, created in section 
  4.23  136A.031; 
  4.24     Student advisory council, created in section 136A.031; 
  4.25     Cancer surveillance advisory committee, created in section 
  4.26  144.672; 
  4.27     Maternal and child health task force, created in section 
  4.28  145.881; 
  4.29     State community health advisory committee, created in 
  4.30  section 145A.10; 
  4.31     Mississippi River Parkway commission, created in section 
  4.32  161.1419; 
  4.33     School bus safety advisory committee, created in section 
  4.34  169.435; 
  4.35     Advisory council on workers' compensation, created in 
  4.36  section 175.007; 
  5.1      Code enforcement advisory council, created in section 
  5.2   175.008; 
  5.3      Medical services review board, created in section 176.103; 
  5.4      Apprenticeship advisory council, created in section 178.02; 
  5.5      OSHA advisory council, created in section 182.656; 
  5.6      Health professionals services program advisory committee, 
  5.7   created in section 214.32; 
  5.8      Rehabilitation advisory council for the blind, created in 
  5.9   section 248.10; 
  5.10     American Indian advisory council, created in section 
  5.11  254A.035; 
  5.12     Alcohol and other drug abuse advisory council, created in 
  5.13  section 254A.04; 
  5.14     Medical assistance drug formulary committee, created in 
  5.15  section 256B.0625; 
  5.16     Home care advisory committee, created in section 256B.071; 
  5.17     Preadmission screening, alternative care, and home and 
  5.18  community-based services advisory committee, created in section 
  5.19  256B.0911; 
  5.20     Traumatic brain injury advisory committee, created in 
  5.21  section 256B.093; 
  5.22     Minnesota commission serving deaf and hard-of-hearing 
  5.23  people, created in section 256C.28; 
  5.24     American Indian child welfare advisory council, created in 
  5.25  section 260.835; 
  5.26     Juvenile justice advisory committee, created in section 
  5.27  268.29; 
  5.28     Northeast Minnesota economic development fund technical 
  5.29  advisory committees, created in section 298.2213; 
  5.30     Iron range higher education committee, created in section 
  5.31  298.2214; 
  5.32     Northeast Minnesota economic protection trust fund 
  5.33  technical advisory committee, created in section 298.297; 
  5.34     Advisory council on battered women and domestic abuse, 
  5.35  created in section 611A.34. 
  5.36     Sec. 4.  Minnesota Statutes 2000, section 15.50, 
  6.1   subdivision 2, is amended to read: 
  6.2      Subd. 2.  [CAPITOL AREA PLAN.] (a) The board shall prepare, 
  6.3   prescribe, and from time to time, after a public hearing, amend 
  6.4   a comprehensive use plan for the capitol area, called the area 
  6.5   in this subdivision, which consists of that portion of the city 
  6.6   of Saint Paul comprehended within the following boundaries:  
  6.7   Beginning at the point of intersection of the center line of the 
  6.8   Arch-Pennsylvania freeway and the center line of Marion Street, 
  6.9   thence southerly along the center line of Marion Street extended 
  6.10  to a point 50 feet south of the south line of Concordia Avenue, 
  6.11  thence southeasterly along a line extending 50 feet from the 
  6.12  south line of Concordia Avenue to a point 125 feet from the west 
  6.13  line of John Ireland Boulevard, thence southwesterly along a 
  6.14  line extending 125 feet from the west line of John Ireland 
  6.15  Boulevard to the south line of Dayton Avenue, thence 
  6.16  northeasterly from the south line of Dayton Avenue to the west 
  6.17  line of John Ireland Boulevard, thence northeasterly to the 
  6.18  center line of the intersection of Old Kellogg Boulevard and 
  6.19  Summit Avenue, thence northeasterly along the center line of 
  6.20  Summit Avenue to the center line of the new West Kellogg 
  6.21  Boulevard, thence southerly along the east line of the new West 
  6.22  Kellogg Boulevard, to the east line of the right-of-way of 
  6.23  Interstate Highway 35-E, thence northeasterly along the east 
  6.24  line of the right-of-way of Interstate Highway 35-E to the south 
  6.25  line of the right-of-way of Interstate Highway 94, thence 
  6.26  easterly along the south line of the right-of-way of Interstate 
  6.27  Highway 94 to the west line of St. Peter Street, thence 
  6.28  southerly to the south line of Exchange Street, thence easterly 
  6.29  along the south line of Exchange Street to the west line of 
  6.30  Cedar Street, thence northerly along the west line of Cedar 
  6.31  Street to the center line of Tenth Street, thence northeasterly 
  6.32  along the center line of Tenth Street to the center line of 
  6.33  Minnesota Street, thence northwesterly along the center line of 
  6.34  Minnesota Street to the center line of Eleventh Street, thence 
  6.35  northeasterly along the center line of Eleventh Street to the 
  6.36  center line of Jackson Street, thence northwesterly along the 
  7.1   center line of Jackson Street to the center line of the 
  7.2   Arch-Pennsylvania freeway extended, thence westerly along the 
  7.3   center line of the Arch-Pennsylvania freeway extended and Marion 
  7.4   Street to the point of origin.  
  7.5      Under the comprehensive plan, or a portion of it, the board 
  7.6   may regulate, by means of zoning rules adopted under the 
  7.7   Administrative Procedure Act, the kind, character, height, and 
  7.8   location, of buildings and other structures constructed or used, 
  7.9   the size of yards and open spaces, the percentage of lots that 
  7.10  may be occupied, and the uses of land, buildings and other 
  7.11  structures, within the area.  To protect and enhance the 
  7.12  dignity, beauty, and architectural integrity of the capitol 
  7.13  area, the board is further empowered to include in its zoning 
  7.14  rules design review procedures and standards with respect to any 
  7.15  proposed construction activities in the capitol area 
  7.16  significantly affecting the dignity, beauty, and architectural 
  7.17  integrity of the area.  No person may undertake these 
  7.18  construction activities as defined in the board's rules in the 
  7.19  capitol area without first submitting construction plans to the 
  7.20  board, obtaining a zoning permit from the board, and receiving a 
  7.21  written certification from the board specifying that the person 
  7.22  has complied with all design review procedures and standards.  
  7.23  Violation of the zoning rules is a misdemeanor.  The board may, 
  7.24  at its option, proceed to abate any violation by injunction.  
  7.25  The board and the city of Saint Paul shall cooperate in assuring 
  7.26  that the area adjacent to the capitol area is developed in a 
  7.27  manner that is in keeping with the purpose of the board and the 
  7.28  provisions of the comprehensive plan.  
  7.29     (b) The commissioner of administration shall act as a 
  7.30  consultant to the board with regard to the physical structural 
  7.31  needs of the state.  The commissioner shall make studies and 
  7.32  report the results to the board when it requests reports for its 
  7.33  planning purpose.  
  7.34     (c) No public building, street, parking lot, or monument, 
  7.35  or other construction may be built or altered on any public 
  7.36  lands within the area unless the plans for the project conform 
  8.1   to the comprehensive use plan as specified in paragraph (d) and 
  8.2   to the requirement for competitive plans as specified in 
  8.3   paragraph (e).  No alteration substantially changing the 
  8.4   external appearance of any existing public building approved in 
  8.5   the comprehensive plan or the exterior or interior design of any 
  8.6   proposed new public building the plans for which were secured by 
  8.7   competition under paragraph (e) may be made without the prior 
  8.8   consent of the board.  The commissioner of administration shall 
  8.9   consult with the board regarding internal changes having the 
  8.10  effect of substantially altering the architecture of the 
  8.11  interior of any proposed building.  
  8.12     (d) The comprehensive plan must show the existing land uses 
  8.13  and recommend future uses including:  areas for public taking 
  8.14  and use; zoning for private land and criteria for development of 
  8.15  public land, including building areas, open spaces, monuments, 
  8.16  and other memorials; vehicular and pedestrian circulation; 
  8.17  utilities systems; vehicular storage; elements of landscape 
  8.18  architecture.  No substantial alteration or improvement may be 
  8.19  made to public lands or buildings in the area without the 
  8.20  written approval of the board.  
  8.21     (e) The board shall secure by competitions plans for any 
  8.22  new public building.  Plans for any comprehensive plan, 
  8.23  landscaping scheme, street plan, or property acquisition that 
  8.24  may be proposed, or for any proposed alteration of any existing 
  8.25  public building, landscaping scheme or street plan may be 
  8.26  secured by a similar competition.  A competition must be 
  8.27  conducted under rules prescribed by the board and may be of any 
  8.28  type which meets the competition standards of the American 
  8.29  Institute of Architects.  Designs selected become the property 
  8.30  of the state of Minnesota, and the board may award one or more 
  8.31  premiums in each competition and may pay the costs and fees that 
  8.32  may be required for its conduct.  At the option of the board, 
  8.33  plans for projects estimated to cost less than $1,000,000 may be 
  8.34  approved without competition provided the plans have been 
  8.35  considered by the advisory committee described in paragraph 
  8.36  (h).  Plans for projects estimated to cost less than $400,000 
  9.1   and for construction of streets need not be considered by the 
  9.2   advisory committee if in conformity with the comprehensive plan. 
  9.3      (f) Notwithstanding paragraph (e), an architectural 
  9.4   competition is not required for the design of any light rail 
  9.5   transit station and alignment within the capitol area.  The 
  9.6   board and its advisory committee shall select a preliminary 
  9.7   design for any transit station in the capitol area.  Each stage 
  9.8   of any station's design through working drawings must be 
  9.9   reviewed by the board's advisory committee and approved by the 
  9.10  board to ensure that the station's design is compatible with the 
  9.11  comprehensive plan for the capitol area and the board's design 
  9.12  criteria.  The guideway and track design of any light rail 
  9.13  transit alignment within the capitol area must also be reviewed 
  9.14  by the board's advisory committee and approved by the board. 
  9.15     (g) Of the amount available for the light rail transit 
  9.16  design, adequate funds must be available to the board for design 
  9.17  framework studies and review of preliminary plans for light rail 
  9.18  transit alignment and stations in the capitol area. 
  9.19     (h) The board may not adopt any plan under paragraph (e) 
  9.20  unless it first receives the comments and criticism of an 
  9.21  advisory committee of three persons, each of whom is either an 
  9.22  architect or a planner, who have been selected and appointed as 
  9.23  follows:  one by the board of the arts, one by the board, and 
  9.24  one by the Minnesota Society of the American Institute of 
  9.25  Architects.  The authority for appointment of an advisory 
  9.26  committee does not expire.  Members of the committee may not be 
  9.27  contestants under paragraph (e).  The comments and criticism 
  9.28  must be a matter of public information.  The committee shall 
  9.29  advise the board on all architectural and planning matters.  For 
  9.30  that purpose, the committee must be kept currently informed 
  9.31  concerning, and have access to, all data, including all plans, 
  9.32  studies, reports and proposals, relating to the area as the data 
  9.33  are developed or in the process of preparation, whether by the 
  9.34  commissioner of administration, the commissioner of trade and 
  9.35  economic development, the metropolitan council, the city of 
  9.36  Saint Paul, or by any architect, planner, agency or 
 10.1   organization, public or private, retained by the board or not 
 10.2   retained and engaged in any work or planning relating to the 
 10.3   area, and a copy of any data prepared by any public employee or 
 10.4   agency must be filed with the board promptly upon completion.  
 10.5      The board may employ stenographic or technical help that 
 10.6   may be reasonable to assist the committee to perform its duties. 
 10.7      When so directed by the board, the committee may serve as, 
 10.8   and any member or members of the committee may serve on, the 
 10.9   jury or as professional advisor for any architectural 
 10.10  competition, and the board shall select the architectural 
 10.11  advisor and jurors for any competition with the advice of the 
 10.12  committee.  
 10.13     The city of Saint Paul shall advise the board.  
 10.14     (i) The comprehensive plan for the area must be developed 
 10.15  and maintained in close cooperation with the commissioner of 
 10.16  trade and economic development, the planning department and the 
 10.17  council for the city of Saint Paul, and the board of the arts, 
 10.18  and no plan or amendment of a plan may be effective without 90 
 10.19  days' notice to the planning department of the city of Saint 
 10.20  Paul and the board of the arts and without a public hearing with 
 10.21  opportunity for public testimony.  
 10.22     (j) The board and the commissioner of administration, 
 10.23  jointly, shall prepare, prescribe, and from time to time revise 
 10.24  standards and policies governing the repair, alteration, 
 10.25  furnishing, appearance, and cleanliness of the public and 
 10.26  ceremonial areas of the state capitol building.  The board shall 
 10.27  consult with and receive advice from the director of the 
 10.28  Minnesota state historical society regarding the historic 
 10.29  fidelity of plans for the capitol building.  The standards and 
 10.30  policies developed under this paragraph are binding upon the 
 10.31  commissioner of administration.  The provisions of chapter 14, 
 10.32  including section 14.386, do not apply to this paragraph.  
 10.33     (k) The board in consultation with the commissioner of 
 10.34  administration shall prepare and submit to the legislature and 
 10.35  the governor no later than October 1 of each even-numbered year 
 10.36  a report on the status of implementation of the comprehensive 
 11.1   plan together with a program for capital improvements and site 
 11.2   development, and the commissioner of administration shall 
 11.3   provide the necessary cost estimates for the program.  The board 
 11.4   shall report any changes to the comprehensive plan adopted by 
 11.5   the board to the committee on governmental operations and 
 11.6   gambling of the house of representatives and the committee on 
 11.7   governmental operations and reform of the senate and upon 
 11.8   request shall provide testimony concerning the changes.  The 
 11.9   board shall also provide testimony to the legislature on 
 11.10  proposals for memorials in the capitol area as to their 
 11.11  compatibility with the standards, policies, and objectives of 
 11.12  the comprehensive plan. 
 11.13     (l) The state shall, by the attorney general upon the 
 11.14  recommendation of the board and within appropriations available 
 11.15  for that purpose, acquire by gift, purchase, or eminent domain 
 11.16  proceedings any real property situated in the area described in 
 11.17  this section, and it may also acquire an interest less than a 
 11.18  fee simple interest in the property, if it finds that the 
 11.19  property is needed for future expansion or beautification of the 
 11.20  area.  
 11.21     (m) The board is the successor of the state veterans 
 11.22  service building commission, and as such may adopt rules and may 
 11.23  reenact the rules adopted by its predecessor under Laws 1945, 
 11.24  chapter 315, and amendments to it.  
 11.25     (n) The board shall meet at the call of the chair and at 
 11.26  such other times as it may prescribe.  
 11.27     (o) The commissioner of administration shall assign 
 11.28  quarters in the state veterans service building to (1) the 
 11.29  department of veterans affairs, of which a part that the 
 11.30  commissioner of administration and commissioner of veterans 
 11.31  affairs may mutually determine must be on the first floor above 
 11.32  the ground, and (2) the American Legion, Veterans of Foreign 
 11.33  Wars, Disabled American Veterans, Military Order of the Purple 
 11.34  Heart, United Spanish War Veterans, and Veterans of World War I, 
 11.35  and their auxiliaries, incorporated, or when incorporated, under 
 11.36  the laws of the state, and (3) as space becomes available, to 
 12.1   other state departments and agencies as the commissioner may 
 12.2   deem desirable. 
 12.3      Sec. 5.  Minnesota Statutes 2000, section 16B.27, 
 12.4   subdivision 3, is amended to read: 
 12.5      Subd. 3.  [COUNCIL.] The governor's residence council 
 12.6   consists of the following 19 members:  the commissioner; the 
 12.7   spouse, or a designee of the governor; the executive director of 
 12.8   the Minnesota state arts board; the director of the Minnesota 
 12.9   historical society; a member of the senate appointed pursuant to 
 12.10  the rules of the senate; a member of the house of 
 12.11  representatives appointed pursuant to the rules of the house of 
 12.12  representatives; 13 persons appointed by the governor including 
 12.13  one in the field of higher education, one member of the American 
 12.14  Society of Interior Designers, Minnesota Chapter, one member of 
 12.15  the American Institute of Architects, Minnesota chapter, one 
 12.16  member of the American Society of Landscape Architects, 
 12.17  Minnesota Chapter, one member of the family that donated the 
 12.18  governor's residence to the state, if available, and eight 
 12.19  public members with four public members' terms being coterminous 
 12.20  with the governor who appoints them.  Members of the council 
 12.21  serve without compensation.  Membership terms, removal, and 
 12.22  filling of vacancies for members appointed by the governor are 
 12.23  governed by section 15.0575.  The council shall elect a chair 
 12.24  and a secretary from among its members.  The council expires on 
 12.25  June 30, 2001 2003. 
 12.26     Sec. 6.  Minnesota Statutes 2000, section 16B.76, 
 12.27  subdivision 1, is amended to read: 
 12.28     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
 12.29  advisory council consists of the following members: 
 12.30     (1) the commissioner of administration or the 
 12.31  commissioner's designee representing the department's building 
 12.32  codes and standards division; 
 12.33     (2) the commissioner of health or the commissioner's 
 12.34  designee representing an environmental health section of the 
 12.35  department; 
 12.36     (3) the commissioner of public safety or the commissioner's 
 13.1   designee representing the department's state fire marshal 
 13.2   division; 
 13.3      (4) the commissioner of public service or the 
 13.4   commissioner's designee representing the department's energy 
 13.5   regulation and resource management division; and 
 13.6      (5) one member representing each of the following 
 13.7   occupations or entities, appointed by the commissioner of 
 13.8   administration: 
 13.9      (i) a certified building official; 
 13.10     (ii) a fire service representative; 
 13.11     (iii) a licensed architect; 
 13.12     (iv) a licensed engineer; 
 13.13     (v) a building owners and managers representative; 
 13.14     (vi) a licensed residential building contractor; 
 13.15     (vii) a commercial building contractor; 
 13.16     (viii) a heating and ventilation contractor; 
 13.17     (ix) a plumbing contractor; 
 13.18     (x) a representative of a construction and building trades 
 13.19  union; and 
 13.20     (xi) a local unit of government representative. 
 13.21     (b) For members who are not state officials or employees, 
 13.22  terms, compensation, removal, and the filling of vacancies are 
 13.23  governed by section 15.059.  The council shall select one of its 
 13.24  members to serve as chair. 
 13.25     (c) The council expires June 30, 2001 2003. 
 13.26     Sec. 7.  Minnesota Statutes 2000, section 17.136, is 
 13.27  amended to read: 
 13.30     (a) The commissioner of agriculture and the commissioner of 
 13.31  the pollution control agency shall establish a feedlot and 
 13.32  manure management advisory committee to identify needs, goals, 
 13.33  and suggest policies for research, monitoring, and regulatory 
 13.34  activities regarding feedlot and manure management.  In 
 13.35  establishing the committee, the commissioner shall give first 
 13.36  consideration to members of the existing feedlot advisory group. 
 14.1      (b) The committee must include representation from beef, 
 14.2   dairy, pork, chicken, and turkey producer organizations.  The 
 14.3   committee shall not exceed 21 members, but, after June 30, 1999, 
 14.4   must include representatives from at least four environmental 
 14.5   organizations, eight livestock producers, four experts in soil 
 14.6   and water science, nutrient management, and animal husbandry, 
 14.7   one commercial solid manure applicator who is not a producer, 
 14.8   one commercial liquid manure applicator who is not a producer, 
 14.9   and one member from an organization representing local units of 
 14.10  government, and chairs of the senate and the house of 
 14.11  representatives committees that deal with agricultural policy or 
 14.12  the designees of the chairs.  In addition, the departments of 
 14.13  agriculture, health, and natural resources, the pollution 
 14.14  control agency, board of water and soil resources, soil and 
 14.15  water conservation districts, the federal Natural Resource 
 14.16  Conservation Service, the association of Minnesota counties, and 
 14.17  the Farm Service Agency shall serve on the committee as ex 
 14.18  officio nonvoting members. 
 14.19     (c) The advisory committee shall elect a chair and a 
 14.20  vice-chair from its members.  The department and the agency 
 14.21  shall provide staff support to the committee. 
 14.22     (d) The commissioner of agriculture and the commissioner of 
 14.23  the pollution control agency shall consult with the advisory 
 14.24  committee during the development of any policies, rules, or 
 14.25  funding proposals or recommendations relating to feedlots or 
 14.26  feedlot-related manure management. 
 14.27     (e) The commissioner of agriculture shall consult with the 
 14.28  advisory committee on establishing a list of manure management 
 14.29  research needs and priorities. 
 14.30     (f) The advisory committee shall advise the commissioners 
 14.31  on other appropriate matters. 
 14.32     (g) Nongovernment members of the advisory committee shall 
 14.33  receive expenses, in accordance with section 15.059, subdivision 
 14.34  6.  The advisory committee expires on June 30, 2001 2003. 
 14.35     Sec. 8.  Minnesota Statutes 2000, section 18B.305, 
 14.36  subdivision 3, is amended to read: 
 15.2   REVIEW BOARD.] (a) The commissioner shall establish and chair a 
 15.3   pesticide applicator education and examination review board.  
 15.4   This board, consisting of 15 members, must meet at least once a 
 15.5   year before the initiation of pesticide educational planning 
 15.6   programs.  The purpose of the board is to discuss topics of 
 15.7   current concern that can be incorporated into pesticide 
 15.8   applicator training sessions and appropriate examinations.  This 
 15.9   board shall review and evaluate the various educational programs 
 15.10  recently conducted and recommend options to increase overall 
 15.11  effectiveness.  
 15.12     (b) Membership on this board must include applicators 
 15.13  representing various licensing categories, such as agriculture, 
 15.14  turf and ornamental, aerial, aquatic, and structural pest 
 15.15  control and private pesticide applicators, and other 
 15.16  governmental agencies, including the University of Minnesota, 
 15.17  the pollution control agency, department of health, department 
 15.18  of natural resources, and department of transportation.  
 15.19     (c) Membership on the board must include representatives 
 15.20  from environmental protection organizations. 
 15.21     (d) This board shall review licensing and certification 
 15.22  requirements for private, commercial, and noncommercial 
 15.23  applicators and provide a report to the commissioner with 
 15.24  recommendations by January 15, 1998.  This board shall review 
 15.25  category requirements and provide recommendations to the 
 15.26  commissioner.  This board expires on June 30, 2001 2003. 
 15.27     Sec. 9.  Minnesota Statutes 2000, section 21.112, 
 15.28  subdivision 2, is amended to read: 
 15.30  The commissioner may appoint an advisory seed potato 
 15.31  certification task force.  If the task force is appointed each 
 15.32  member shall be a grower in Minnesota of certified seed potatoes.
 15.33  The terms, compensation and removal of members shall be as 
 15.34  provided in section 15.059.  The task force shall expire June 
 15.35  30, 2001 2003. 
 15.36     Sec. 10.  Minnesota Statutes 2000, section 28A.20, 
 16.1   subdivision 6, is amended to read: 
 16.2      Subd. 6.  [EXPIRATION.] This section expires on June 
 16.3   30, 2001 2003. 
 16.4      Sec. 11.  Minnesota Statutes 2000, section 43A.316, 
 16.5   subdivision 4, is amended to read: 
 16.6      Subd. 4.  [LABOR-MANAGEMENT COMMITTEE.] The 
 16.7   labor-management committee consists of ten members appointed by 
 16.8   the commissioner.  The labor-management committee must comprise 
 16.9   five members who represent employees, including at least one 
 16.10  retired employee, and five members who represent eligible 
 16.11  employers.  Committee members are eligible for expense 
 16.12  reimbursement in the same manner and amount as authorized by the 
 16.13  commissioner's plan adopted under section 43A.18, subdivision 
 16.14  2.  The commissioner shall consult with the labor-management 
 16.15  committee in major decisions that affect the program.  The 
 16.16  committee shall study issues relating to the insurance program 
 16.17  including, but not limited to, flexible benefits, utilization 
 16.18  review, quality assessment, and cost efficiency.  The committee 
 16.19  continues to exist while the program remains in operation. 
 16.20     Sec. 12.  Minnesota Statutes 2000, section 62J.15, 
 16.21  subdivision 1, is amended to read: 
 16.22     Subdivision 1.  [HEALTH TECHNOLOGY ADVISORY COMMITTEE.] The 
 16.23  legislative commission on health care access may convene or 
 16.24  authorize the commissioner of health to convene an advisory 
 16.25  committee to conduct evaluations of existing research and 
 16.26  technology assessments conducted by other entities of new and 
 16.27  existing health care technologies as designated by the 
 16.28  legislative commission on health care access, the commissioner, 
 16.29  or the advisory committee.  The advisory committee must include 
 16.30  at least one person representing physicians, at least one person 
 16.31  representing hospitals, and at least one person representing the 
 16.32  health care technology industry.  Health care technologies 
 16.33  include high-cost drugs, devices, procedures, or processes 
 16.34  applied to human health care, such as high-cost transplants and 
 16.35  expensive scanners and imagers.  The advisory committee is 
 16.36  governed by section 15.0575, subdivision 3, except that members 
 17.1   do not receive per diem payments. 
 17.2      Sec. 13.  Minnesota Statutes 2000, section 62J.46, 
 17.3   subdivision 1, is amended to read: 
 17.4      Subdivision 1.  [LONG-TERM CARE COSTS.] The commissioner, 
 17.5   with the advice of the interagency long-term care planning 
 17.6   committee established under section 144A.31, shall use existing 
 17.7   state data resources to monitor trends in public and private 
 17.8   spending on long-term care costs and spending in Minnesota.  The 
 17.9   commissioner shall recommend to the legislature any additional 
 17.10  data collection activities needed to monitor these trends.  
 17.11  State agencies collecting information on long-term care spending 
 17.12  and costs shall coordinate with the interagency long-term care 
 17.13  planning committee and the commissioner to facilitate the 
 17.14  monitoring of long-term care expenditures in the state. 
 17.15     Sec. 14.  Minnesota Statutes 2000, section 62Q.03, 
 17.16  subdivision 5a, is amended to read: 
 17.17     Subd. 5a.  [PUBLIC PROGRAMS.] (a) A separate risk 
 17.18  adjustment system must be developed for state-run public 
 17.19  programs, including medical assistance, general assistance 
 17.20  medical care, and MinnesotaCare.  The system must be developed 
 17.21  in accordance with the general risk adjustment methodologies 
 17.22  described in this section, must include factors in addition to 
 17.23  age and sex adjustment, and may include additional demographic 
 17.24  factors, different targeted conditions, and/or different payment 
 17.25  amounts for conditions.  The risk adjustment system for public 
 17.26  programs must attempt to reflect the special needs related to 
 17.27  poverty, cultural, or language barriers and other needs of the 
 17.28  public program population. 
 17.29     (b) The commissioners of health and human services shall 
 17.30  jointly convene a public programs risk adjustment work group 
 17.31  responsible for advising the commissioners in the design of the 
 17.32  public programs risk adjustment system.  The public programs 
 17.33  risk adjustment work group is governed by section 15.059 for 
 17.34  purposes of membership terms, expiration, and removal of 
 17.35  members.  The work group shall meet at the discretion of the 
 17.36  commissioners of health and human services.  The commissioner of 
 18.1   health shall work with the risk adjustment association to ensure 
 18.2   coordination between the risk adjustment systems for the public 
 18.3   and private sectors.  The commissioner of human services shall 
 18.4   seek any needed federal approvals necessary for the inclusion of 
 18.5   the medical assistance program in the public programs risk 
 18.6   adjustment system.  
 18.7      (c) The public programs risk adjustment work group must be 
 18.8   representative of the persons served by publicly paid health 
 18.9   programs and providers and health plans that meet their needs.  
 18.10  To the greatest extent possible, the appointing authorities 
 18.11  shall attempt to select representatives that have historically 
 18.12  served a significant number of persons in publicly paid health 
 18.13  programs or the uninsured.  Membership of the work group shall 
 18.14  be as follows: 
 18.15     (1) one provider member appointed by the Minnesota Medical 
 18.16  Association; 
 18.17     (2) two provider members appointed by the Minnesota 
 18.18  Hospital Association, at least one of whom must represent a 
 18.19  major disproportionate share hospital; 
 18.20     (3) five members appointed by the Minnesota Council of 
 18.21  HMOs, one of whom must represent an HMO with fewer than 50,000 
 18.22  enrollees located outside the metropolitan area and one of whom 
 18.23  must represent an HMO with at least 50 percent of total 
 18.24  membership enrolled through a public program; 
 18.25     (4) two representatives of counties appointed by the 
 18.26  Association of Minnesota Counties; 
 18.27     (5) three representatives of organizations representing the 
 18.28  interests of families, children, childless adults, and elderly 
 18.29  persons served by the various publicly paid health programs 
 18.30  appointed by the governor; 
 18.31     (6) two representatives of persons with mental health, 
 18.32  developmental or physical disabilities, chemical dependency, or 
 18.33  chronic illness appointed by the governor; and 
 18.34     (7) three public members appointed by the governor, at 
 18.35  least one of whom must represent a community health board.  The 
 18.36  risk adjustment association may appoint a representative, if a 
 19.1   representative is not otherwise appointed by an appointing 
 19.2   authority. 
 19.3      (d) The commissioners of health and human services, with 
 19.4   the advice of the public programs risk adjustment work group, 
 19.5   shall develop a work plan and time frame and shall coordinate 
 19.6   their efforts with the private sector risk adjustment 
 19.7   association's activities and other state initiatives related to 
 19.8   public program managed care reimbursement. 
 19.9      (e) Before including risk adjustment in a contract for the 
 19.10  prepaid medical assistance program, the prepaid general 
 19.11  assistance medical care program, or the MinnesotaCare program, 
 19.12  the commissioner of human services shall provide to the 
 19.13  contractor an analysis of the expected impact on the contractor 
 19.14  of the implementation of risk adjustment.  This analysis may be 
 19.15  limited by the available data and resources, as determined by 
 19.16  the commissioner, and shall not be binding on future contract 
 19.17  periods.  This paragraph shall not apply if the contractor has 
 19.18  not supplied information to the commissioner related to the risk 
 19.19  adjustment analysis. 
 19.20     (f) The commissioner of human services shall report to the 
 19.21  public program risk adjustment work group on the methodology the 
 19.22  department will use for risk adjustment prior to implementation 
 19.23  of the risk adjustment payment methodology.  Upon completion of 
 19.24  the report to the work group, the commissioner shall phase in 
 19.25  risk adjustment according to the following schedule: 
 19.26     (1) for the first contract year, no more than ten percent 
 19.27  of reimbursements shall be risk adjusted; and 
 19.28     (2) for the second contract year, no more than 30 percent 
 19.29  of reimbursements shall be risk adjusted. 
 19.30     Sec. 15.  Minnesota Statutes 2000, section 82B.05, 
 19.31  subdivision 1, is amended to read: 
 19.32     Subdivision 1.  [MEMBERS.] The real estate appraiser 
 19.33  advisory board consists of 15 members appointed by the 
 19.34  commissioner of commerce.  Three of the members must be public 
 19.35  members, four must be consumers of appraisal services, and eight 
 19.36  must be real estate appraisers of whom not less than two members 
 20.1   shall be registered real property appraisers, licensed real 
 20.2   property appraisers, or certified residential real property 
 20.3   appraisers and not less than two members shall be certified 
 20.4   general real property appraisers.  The board is governed by 
 20.5   section 15.0575. 
 20.6      Sec. 16.  Minnesota Statutes 2000, section 122A.624, 
 20.7   subdivision 2, is amended to read: 
 20.9   The commissioner of children, families, and learning shall 
 20.10  develop and maintain a program of educational effectiveness and 
 20.11  results-oriented education.  The commissioner may appoint an 
 20.12  advisory task force to assist the department of children, 
 20.13  families, and learning in developing an implementation program 
 20.14  for providing staff development to school district staff in 
 20.15  educational effectiveness.  The program shall be based on 
 20.16  established principles of instructional design and the essential 
 20.17  elements of effective instruction as determined by educational 
 20.18  research.  The program shall take into account the diverse needs 
 20.19  of the school districts due to such factors as district size and 
 20.20  location. 
 20.21     Sec. 17.  Minnesota Statutes 2000, section 144.672, 
 20.22  subdivision 1, is amended to read: 
 20.23     Subdivision 1.  [RULE AUTHORITY.] The commissioner of 
 20.24  health shall collect cancer incidence information, analyze the 
 20.25  information, and conduct special studies designed to determine 
 20.26  the potential public health significance of an increase in 
 20.27  cancer incidence. 
 20.28     The commissioner shall adopt rules to administer the 
 20.29  system, collect information, and distribute data.  The rules 
 20.30  must include, but not be limited to, the following: 
 20.31     (1) the type of data to be reported; 
 20.32     (2) standards for reporting specific types of data; 
 20.33     (3) payments allowed to hospitals, pathologists, and 
 20.34  registry systems to defray their costs in providing information 
 20.35  to the system; 
 20.36     (4) criteria relating to contracts made with outside 
 21.1   entities to conduct studies using data collected by the system.  
 21.2   The criteria may include requirements for a written protocol 
 21.3   outlining the purpose and public benefit of the study, the 
 21.4   description, methods, and projected results of the study, peer 
 21.5   review by other scientists, the methods and facilities to 
 21.6   protect the privacy of the data, and the qualifications of the 
 21.7   researcher proposing to undertake the study; and 
 21.8      (5) specification of fees to be charged under section 
 21.9   13.03, subdivision 3, for all out-of-pocket expenses for data 
 21.10  summaries or specific analyses of data requested by public and 
 21.11  private agencies, organizations, and individuals, and which are 
 21.12  not otherwise included in the commissioner's annual summary 
 21.13  reports.  Fees collected are appropriated to the commissioner to 
 21.14  offset the cost of providing the data; and 
 21.15     (6) establishment of a committee to assist the commissioner 
 21.16  in the review of system activities.  The committee is governed 
 21.17  by section 15.059, except it expires June 30, 2001. 
 21.18     Sec. 18.  Minnesota Statutes 2000, section 144A.073, 
 21.19  subdivision 2, is amended to read: 
 21.20     Subd. 2.  [REQUEST FOR PROPOSALS.] At the authorization by 
 21.21  the legislature of additional medical assistance expenditures 
 21.22  for exceptions to the moratorium on nursing homes, the 
 21.23  interagency committee commissioner shall publish in the State 
 21.24  Register a request for proposals for nursing home projects to be 
 21.25  licensed or certified under section 144A.071, subdivision 4a, 
 21.26  clause (c).  The public notice of this funding and the request 
 21.27  for proposals must specify how the approval criteria will be 
 21.28  prioritized by the advisory review panel, the interagency 
 21.29  long-term care planning committee, and the commissioner.  The 
 21.30  notice must describe the information that must accompany a 
 21.31  request and state that proposals must be submitted to the 
 21.32  interagency committee commissioner within 90 days of the date of 
 21.33  publication.  The notice must include the amount of the 
 21.34  legislative appropriation available for the additional costs to 
 21.35  the medical assistance program of projects approved under this 
 21.36  section.  If no money is appropriated for a year, the 
 22.1   interagency committee commissioner shall publish a notice to 
 22.2   that effect, and no proposals shall be requested.  If money is 
 22.3   appropriated, the interagency committee commissioner shall 
 22.4   initiate the application and review process described in this 
 22.5   section at least twice each biennium and up to four times each 
 22.6   biennium, according to dates established by rule.  Authorized 
 22.7   funds shall be allocated proportionally to the number of 
 22.8   processes.  Funds not encumbered by an earlier process within a 
 22.9   biennium shall carry forward to subsequent iterations of the 
 22.10  process.  Authorization for expenditures does not carry forward 
 22.11  into the following biennium.  To be considered for approval, a 
 22.12  proposal must include the following information: 
 22.13     (1) whether the request is for renovation, replacement, 
 22.14  upgrading, conversion, or relocation; 
 22.15     (2) a description of the problem the project is designed to 
 22.16  address; 
 22.17     (3) a description of the proposed project; 
 22.18     (4) an analysis of projected costs of the nursing facility 
 22.19  proposal, which are not required to exceed the cost threshold 
 22.20  referred to in section 144A.071, subdivision 1, to be considered 
 22.21  under this section, including initial construction and 
 22.22  remodeling costs; site preparation costs; financing costs, 
 22.23  including the current estimated long-term financing costs of the 
 22.24  proposal, which consists of estimates of the amount and sources 
 22.25  of money, reserves if required under the proposed funding 
 22.26  mechanism, annual payments schedule, interest rates, length of 
 22.27  term, closing costs and fees, insurance costs, and any completed 
 22.28  marketing study or underwriting review; and estimated operating 
 22.29  costs during the first two years after completion of the 
 22.30  project; 
 22.31     (5) for proposals involving replacement of all or part of a 
 22.32  facility, the proposed location of the replacement facility and 
 22.33  an estimate of the cost of addressing the problem through 
 22.34  renovation; 
 22.35     (6) for proposals involving renovation, an estimate of the 
 22.36  cost of addressing the problem through replacement; 
 23.1      (7) the proposed timetable for commencing construction and 
 23.2   completing the project; 
 23.3      (8) a statement of any licensure or certification issues, 
 23.4   such as certification survey deficiencies; 
 23.5      (9) the proposed relocation plan for current residents if 
 23.6   beds are to be closed so that the department of human services 
 23.7   can estimate the total costs of a proposal; and 
 23.8      (10) other information required by permanent rule of the 
 23.9   commissioner of health in accordance with subdivisions 4 and 8. 
 23.10     Sec. 19.  Minnesota Statutes 2000, section 144A.073, 
 23.11  subdivision 3, is amended to read: 
 23.12     Subd. 3.  [REVIEW AND APPROVAL OF PROPOSALS.] Within the 
 23.13  limits of money specifically appropriated to the medical 
 23.14  assistance program for this purpose, the interagency long-term 
 23.15  care planning committee may recommend that the commissioner of 
 23.16  health may grant exceptions to the nursing home licensure or 
 23.17  certification moratorium for proposals that satisfy the 
 23.18  requirements of this section.  The interagency committee shall 
 23.19  appoint an advisory review panel composed of representatives of 
 23.20  consumers and providers to review proposals and provide comments 
 23.21  and recommendations to the committee.  The commissioners of 
 23.22  human services and health shall provide staff and technical 
 23.23  assistance to the committee for the review and analysis of 
 23.24  proposals.  The interagency committee shall hold a public 
 23.25  hearing before submitting recommendations to the commissioner of 
 23.26  health on project requests.  The committee shall submit 
 23.27  recommendations within 150 days of the date of the publication 
 23.28  of the notice.  The commissioner of health shall approve or 
 23.29  disapprove a project within 30 days after receiving the 
 23.30  committee's recommendations.  The advisory review panel, the 
 23.31  committee, and the commissioner of health shall base their 
 23.32  recommendations, approvals, or disapprovals on a comparison and 
 23.33  ranking of proposals using only the criteria in subdivision 4 
 23.34  and in rules adopted by the commissioner.  The cost to the 
 23.35  medical assistance program of the proposals approved must be 
 23.36  within the limits of the appropriations specifically made for 
 24.1   this purpose.  Approval of a proposal expires 18 months after 
 24.2   approval by the commissioner of health unless the facility has 
 24.3   commenced construction as defined in section 144A.071, 
 24.4   subdivision 1a, paragraph (d).  The committee's report to the 
 24.5   legislature, as required under section 144A.31, must include the 
 24.6   projects approved, the criteria used to recommend proposals for 
 24.7   approval, and the estimated costs of the projects, including the 
 24.8   costs of initial construction and remodeling, and the estimated 
 24.9   operating costs during the first two years after the project is 
 24.10  completed. 
 24.11     Sec. 20.  Minnesota Statutes 2000, section 145A.10, 
 24.12  subdivision 10, is amended to read: 
 24.13     Subd. 10.  [STATE AND LOCAL ADVISORY COMMITTEES.] (a) A 
 24.14  state community health advisory committee is established to 
 24.15  advise, consult with, and make recommendations to the 
 24.16  commissioner on the development, maintenance, funding, and 
 24.17  evaluation of community health services.  Section 15.059, 
 24.18  subdivision 5, applies to this committee.  Each community health 
 24.19  board may appoint a member to serve on the committee.  The 
 24.20  committee must meet at least quarterly, and special meetings may 
 24.21  be called by the committee chair or a majority of the members.  
 24.22  Members or their alternates may receive a per diem and must be 
 24.23  reimbursed for travel and other necessary expenses while engaged 
 24.24  in their official duties. 
 24.25     (b) The city councils or county boards that have 
 24.26  established or are members of a community health board must 
 24.27  appoint a community health advisory committee to advise, consult 
 24.28  with, and make recommendations to the community health board on 
 24.29  matters relating to the development, maintenance, funding, and 
 24.30  evaluation of community health services.  The committee must 
 24.31  consist of at least five members and must be generally 
 24.32  representative of the population and health care providers of 
 24.33  the community health service area.  The committee must meet at 
 24.34  least three times a year and at the call of the chair or a 
 24.35  majority of the members.  Members may receive a per diem and 
 24.36  reimbursement for travel and other necessary expenses while 
 25.1   engaged in their official duties. 
 25.2      (c) State and (b) Local advisory committees must adopt 
 25.3   bylaws or operating procedures that specify the length of terms 
 25.4   of membership, procedures for assuring that no more than half of 
 25.5   these terms expire during the same year, and other matters 
 25.6   relating to the conduct of committee business.  Bylaws or 
 25.7   operating procedures may allow one alternate to be appointed for 
 25.8   each member of a state or local advisory committee.  Alternates 
 25.9   may be given full or partial powers and duties of members.  
 25.10     Sec. 21.  Minnesota Statutes 2000, section 148C.11, 
 25.11  subdivision 3, is amended to read: 
 25.13  (a) Alcohol and drug counselors licensed to practice alcohol and 
 25.14  drug counseling according to standards established by federally 
 25.15  recognized tribes, while practicing under tribal jurisdiction, 
 25.16  are exempt from the requirements of this chapter.  In practicing 
 25.17  alcohol and drug counseling under tribal jurisdiction, 
 25.18  individuals licensed under that authority shall be afforded the 
 25.19  same rights, responsibilities, and recognition as persons 
 25.20  licensed pursuant to this chapter. 
 25.21     (b) The commissioner shall develop special licensing 
 25.22  criteria for issuance of a license to alcohol and drug 
 25.23  counselors who:  (1) practice alcohol and drug counseling with a 
 25.24  member of an ethnic minority population or with a person with a 
 25.25  disability as defined by rule; or (2) are employed by agencies 
 25.26  whose primary agency service focus addresses ethnic minority 
 25.27  populations or persons with a disability as defined by rule.  
 25.28  These licensing criteria may differ from the licensing criteria 
 25.29  specified in section 148C.04.  To develop, implement, and 
 25.30  evaluate the effect of these criteria, the commissioner shall 
 25.31  establish a committee comprised of, but not limited to, 
 25.32  representatives from the Minnesota commission serving deaf and 
 25.33  hard-of-hearing people, the council on affairs of Chicano/Latino 
 25.34  people, the council on Asian-Pacific Minnesotans, the council on 
 25.35  Black Minnesotans, the council on disability, and the Indian 
 25.36  affairs council.  The committee does not expire. 
 26.1      Sec. 22.  Minnesota Statutes 2000, section 161.17, 
 26.2   subdivision 2, is amended to read: 
 26.3      Subd. 2.  [INTERSTATE SYSTEM.] (a) It is hereby declared 
 26.4   that construction of the interstate system of highways will 
 26.5   vitally affect the future development of the cities through 
 26.6   which these routes pass and such municipalities should have an 
 26.7   important role in the development of this highway system; that 
 26.8   on the other hand the future planning and programming of 
 26.9   construction projects over a period of years is necessary to 
 26.10  take maximum advantage of federal aid and to build a unified and 
 26.11  coordinated interstate system; that excessive delay in local 
 26.12  approval of plans for construction of one segment may seriously 
 26.13  impede completion of the entire system and adversely affect 
 26.14  other municipalities along the interstate routes; that the 
 26.15  mutual exchange of information and close cooperation between the 
 26.16  department and local governing bodies should be encouraged by 
 26.17  improved administrative processes for securing orderly review of 
 26.18  plans and the resolution of differences over interstate routes 
 26.19  and projects; and that the provisions of sections 161.171 to 
 26.20  161.177 for local approval of trunk highway plans must be 
 26.21  modified for the interstate highway system in the light of these 
 26.22  various considerations.  Before proceeding with the preparation 
 26.23  of the final plans for the construction, reconstruction, or 
 26.24  improvement of any route on the interstate system lying within 
 26.25  any city, the commissioner shall submit to its governing body 
 26.26  preliminary plans covering the route location.  The preliminary 
 26.27  plans shall be submitted as part of a report containing such 
 26.28  supporting data that the commissioner deems helpful to the 
 26.29  governing body in appraising the plans submitted. 
 26.30     (b) Any public hearing on location of an interstate route 
 26.31  held in compliance with federal requirements shall be held at 
 26.32  least one month after submission to the governing body of the 
 26.33  report provided for in this subdivision.  After the public 
 26.34  hearing and on preparing final plans, the commissioner shall 
 26.35  submit the final plans to the governing body for approval.  If 
 26.36  the governing body does not approve the final plans within three 
 27.1   months after submitted, the commissioner may refer the plans to 
 27.2   (1) the Twin Cities Metropolitan Area Planning Commission, if 
 27.3   the project is within the area of its jurisdiction, or (2) the 
 27.4   municipal advisory committee on state-aid rules established 
 27.5   under section 162.09, subdivision 2, if the project is elsewhere 
 27.6   in the state.  If a member of the advisory committee is from the 
 27.7   municipality concerned that member shall be excused.  If the 
 27.8   plans are so referred, the commission or committee shall give 
 27.9   the commissioner and the governing body ample opportunity to 
 27.10  present the case for or against approval of the plans so 
 27.11  referred.  Not later than three months after such hearings and 
 27.12  independent study as it deems desirable, it shall approve or 
 27.13  disapprove such plans, making such additional recommendations 
 27.14  consistent with state and federal requirements as it deems 
 27.15  appropriate, and it shall submit a written report containing its 
 27.16  findings and recommendations to the commissioner and the 
 27.17  governing body.  The commissioner shall not proceed with the 
 27.18  proposed construction, reconstruction, or improvement except in 
 27.19  accordance with plans approved by the governing body or, if 
 27.20  referred to the commission or committee, until after the 
 27.21  commission or committee has made its report, and then only after 
 27.22  the governing body has had an additional 90 days within which to 
 27.23  consider the plans originally submitted or such modified plans 
 27.24  as may be submitted to it by the commissioner following the 
 27.25  report of the commission or committee.  If within such 90-day 
 27.26  period, the governing body does not approve the plans submitted 
 27.27  to it, and if the commissioner then wishes to proceed with the 
 27.28  project according to plans differing substantially from the 
 27.29  plans recommended by the commission or committee in its report, 
 27.30  the commissioner shall, before proceeding with the project, file 
 27.31  a written report with the commission or committee and the 
 27.32  governing body stating fully the reasons for doing so.  Whenever 
 27.33  plans are referred to the Twin Cities Metropolitan Area Planning 
 27.34  Commission, the commission shall be reimbursed from the trunk 
 27.35  highway fund for actual and necessary expenses incurred by the 
 27.36  commission in staff work incident to consideration of plans and 
 28.1   action thereon by the commission.  Whenever plans are referred 
 28.2   to the advisory committee on rules, members of the committee 
 28.3   shall be paid their necessary expenses to the same extent and in 
 28.4   the same manner as for its duties in considering the 
 28.5   commissioner's rules.  
 28.6      Sec. 23.  Minnesota Statutes 2000, section 174.55, 
 28.7   subdivision 1, is amended to read: 
 28.8      Subdivision 1.  [CREATION AND PURPOSE.] A The major 
 28.9   transportation projects commission is created to shall review 
 28.10  and comment on proposed major transportation projects in which 
 28.11  the department of transportation is involved.  The commission 
 28.12  does not expire. 
 28.13     Sec. 24.  Minnesota Statutes 2000, section 256B.0917, 
 28.14  subdivision 1, is amended to read: 
 28.15     Subdivision 1.  [PURPOSE, MISSION, GOALS, AND OBJECTIVES.] 
 28.16  (a) The purpose of implementing seniors' agenda for independent 
 28.17  living (SAIL) projects under this section is to demonstrate a 
 28.18  new cooperative strategy for the long-term care system in the 
 28.19  state of Minnesota.  
 28.20     The projects are part of the initial plan for a 20-year 
 28.21  strategy.  The mission of the 20-year strategy is to create a 
 28.22  new community-based care paradigm for long-term care in 
 28.23  Minnesota in order to maximize independence of the older adult 
 28.24  population, and to ensure cost-effective use of financial and 
 28.25  human resources.  The goals for the 20-year strategy are to: 
 28.26     (1) achieve a broad awareness and use of low-cost home care 
 28.27  and other residential alternatives to nursing homes; 
 28.28     (2) develop a statewide system of information and 
 28.29  assistance to enable easy access to long-term care services; 
 28.30     (3) develop sufficient alternatives to nursing homes to 
 28.31  serve the increased number of people needing long-term care; 
 28.32     (4) maintain the moratorium on new construction of nursing 
 28.33  home beds and to lower the percentage of elderly persons served 
 28.34  in institutional settings; and 
 28.35     (5) build a community-based approach and community 
 28.36  commitment to delivering long-term care services for elderly 
 29.1   persons in their homes. 
 29.2      (b) The objective for the fiscal years 1994 and 1995 
 29.3   biennial plan is to continue at least four but not more than six 
 29.4   projects in anticipation of a statewide program.  These projects 
 29.5   will continue the process of implementing: 
 29.6      (1) a coordinated planning and administrative process; 
 29.7      (2) a refocused function of the preadmission screening 
 29.8   program; 
 29.9      (3) the development of additional home, community, and 
 29.10  residential alternatives to nursing homes; 
 29.11     (4) a program to support the informal caregivers for 
 29.12  elderly persons; 
 29.13     (5) programs to strengthen the use of volunteers; and 
 29.14     (6) programs to support the building of community 
 29.15  commitment to provide long-term care for elderly persons.  
 29.16     This is done in conjunction with an expanded role of the 
 29.17  interagency long-term care planning committee as described in 
 29.18  section 144A.31.  The services offered through these projects 
 29.19  will be are available to those who have their own funds to pay 
 29.20  for services, as well as to persons who are eligible for medical 
 29.21  assistance and to persons who are 180-day eligible clients to 
 29.22  the extent authorized in this section. 
 29.23     Sec. 25.  Minnesota Statutes 2000, section 256B.0917, 
 29.24  subdivision 2, is amended to read: 
 29.26  COORDINATING TEAM.] (a) The commissioner of human services in 
 29.27  conjunction with the interagency long-term care planning 
 29.28  committee's long-range strategic plan shall contract with SAIL 
 29.29  projects in four to six counties or groups of counties to 
 29.30  demonstrate the feasibility and cost-effectiveness of a local 
 29.31  long-term care strategy that is consistent with the state's 
 29.32  long-term care goals identified in subdivision 1.  The 
 29.33  commissioner shall publish a notice in the State Register 
 29.34  announcing the availability of project funding and giving 
 29.35  instructions for making an application.  The instructions for 
 29.36  the application shall identify the amount of funding available 
 30.1   for project components. 
 30.2      (b) To be selected for the project, a county board or 
 30.3   boards must establish a long-term care coordinating team 
 30.4   consisting of county social service agencies, public health 
 30.5   nursing service agencies, local boards of health, a 
 30.6   representative of local nursing home providers, a representative 
 30.7   of local home care providers, and the area agencies on aging in 
 30.8   a geographic area which is responsible for: 
 30.9      (1) developing a local long-term care strategy consistent 
 30.10  with state goals and objectives; 
 30.11     (2) submitting an application to be selected as a project; 
 30.12     (3) coordinating planning for funds to provide services to 
 30.13  elderly persons, including funds received under Title III of the 
 30.14  Older Americans Act, Community Social Services Act, Title XX of 
 30.15  the Social Security Act and the Local Public Health Act; and 
 30.16     (4) ensuring efficient services provision and 
 30.17  nonduplication of funding. 
 30.18     (c) The board or boards shall designate a public agency to 
 30.19  serve as the lead agency.  The lead agency receives and manages 
 30.20  the project funds from the state and is responsible for the 
 30.21  implementation of the local strategy.  If selected as a project, 
 30.22  the local long-term care coordinating team must semiannually 
 30.23  evaluate the progress of the local long-term care strategy in 
 30.24  meeting state measures of performance and results as established 
 30.25  in the contract. 
 30.26     (d) Each member of the local coordinating team must 
 30.27  indicate its endorsement of the local strategy.  The local 
 30.28  long-term care coordinating team may include in its membership 
 30.29  other units of government which provide funding for services to 
 30.30  the frail elderly.  The team must cooperate with consumers and 
 30.31  other public and private agencies, including nursing homes, in 
 30.32  the geographic area in order to develop and offer a variety of 
 30.33  cost-effective services to the elderly and their caregivers. 
 30.34     (e) The board or boards shall apply to be selected as a 
 30.35  project.  If the project is selected, the commissioner of human 
 30.36  services shall contract with the lead agency for the project and 
 31.1   shall provide additional administrative funds for implementing 
 31.2   the provisions of the contract, within the appropriation 
 31.3   available for this purpose. 
 31.4      (f) Projects shall be selected according to the following 
 31.5   conditions.  
 31.6      No project may be selected unless it demonstrates that: 
 31.7      (i) the objectives of the local project will help to 
 31.8   achieve the state's long-term care goals as defined in 
 31.9   subdivision 1; 
 31.10     (ii) in the case of a project submitted jointly by several 
 31.11  counties, all of the participating counties are contiguous; 
 31.12     (iii) there is a designated local lead agency that is 
 31.13  empowered to make contracts with the state and local vendors on 
 31.14  behalf of all participants; 
 31.15     (iv) the project proposal demonstrates that the local 
 31.16  cooperating agencies have the ability to perform the project as 
 31.17  described and that the implementation of the project has a 
 31.18  reasonable chance of achieving its objectives; 
 31.19     (v) the project will serve an area that covers at least 
 31.20  four counties or contains at least 2,500 persons who are 85 
 31.21  years of age or older, according to the projections of the state 
 31.22  demographer or the census if the data is more recent; and 
 31.23     (vi) the local coordinating team documents efforts of 
 31.24  cooperation with consumers and other agencies and organizations, 
 31.25  both public and private, in planning for service delivery. 
 31.26     Sec. 26.  Minnesota Statutes 2000, section 256B.093, 
 31.27  subdivision 1, is amended to read: 
 31.28     Subdivision 1.  [STATE TRAUMATIC BRAIN INJURY PROGRAM.] The 
 31.29  commissioner of human services shall: 
 31.30     (1) maintain a statewide traumatic brain injury program; 
 31.31     (2) supervise and coordinate services and policies for 
 31.32  persons with traumatic brain injuries; 
 31.33     (3) contract with qualified agencies or employ staff to 
 31.34  provide statewide administrative case management and 
 31.35  consultation; 
 31.36     (4) maintain an advisory committee to provide 
 32.1   recommendations in reports to the commissioner regarding program 
 32.2   and service needs of persons with traumatic brain injuries.  The 
 32.3   advisory committee shall consist of no less than ten members and 
 32.4   no more than 30 members.  The commissioner shall appoint all 
 32.5   advisory committee members to one- or two-year terms and appoint 
 32.6   one member as chair; 
 32.7      (5) investigate the need for the development of rules or 
 32.8   statutes for the traumatic brain injury home and community-based 
 32.9   services waiver; and 
 32.10     (6) (5) investigate present and potential models of service 
 32.11  coordination which can be delivered at the local level.  
 32.12     Sec. 27.  Minnesota Statutes 2000, section 256B.69, 
 32.13  subdivision 5b, is amended to read: 
 32.14     Subd. 5b.  [PROSPECTIVE REIMBURSEMENT RATES.] (a) For 
 32.15  prepaid medical assistance and general assistance medical care 
 32.16  program contract rates set by the commissioner under subdivision 
 32.17  5 and effective on or after January 1, 1998, capitation rates 
 32.18  for nonmetropolitan counties shall on a weighted average be no 
 32.19  less than 88 percent of the capitation rates for metropolitan 
 32.20  counties, excluding Hennepin county.  The commissioner shall 
 32.21  make a pro rata adjustment in capitation rates paid to counties 
 32.22  other than nonmetropolitan counties in order to make this 
 32.23  provision budget neutral.  
 32.24     (b) For prepaid medical assistance program contract rates 
 32.25  set by the commissioner under subdivision 5 and effective on or 
 32.26  after January 1, 2001, capitation rates for nonmetropolitan 
 32.27  counties shall, on a weighted average, be no less than 89 
 32.28  percent of the capitation rates for metropolitan counties, 
 32.29  excluding Hennepin county. 
 32.30     (c) This subdivision shall not affect the nongeographically 
 32.31  based risk adjusted rates established under section 62Q.03, 
 32.32  subdivision 5a, paragraph (f). 
 32.33     Sec. 28.  Minnesota Statutes 2000, section 256E.115, 
 32.34  subdivision 1, is amended to read: 
 32.35     Subdivision 1.  [DEFINITIONS; COMMISSIONER DUTIES.] (a) The 
 32.36  following definitions apply to this section: 
 33.1      (1) "Targeted youth" means children who are ages 16 to 21 
 33.2   and who are in out-of-home placement, leaving out-of-home 
 33.3   placement, at risk of becoming homeless, or homeless. 
 33.4      (2) "Safe house" means a facility providing emergency 
 33.5   housing for homeless targeted youth with the goal of reuniting 
 33.6   the family if appropriate and possible. 
 33.7      (3) "Transitional housing" means congregate or cooperative 
 33.8   housing for targeted youth who are transitioning to independent 
 33.9   living. 
 33.10     (4) "Independent living assistance" means services provided 
 33.11  to assist targeted youth who are not living in a safe house or 
 33.12  transitional housing to make the transition to independent 
 33.13  living. 
 33.14     (b) The commissioner shall issue a request for proposals 
 33.15  from organizations that are knowledgeable about the needs of 
 33.16  targeted youth for the purpose of establishing a system of safe 
 33.17  houses, transitional housing, and independent living assistance 
 33.18  for such youth.  The commissioner shall appoint a review 
 33.19  committee of up to eight members to evaluate the proposals.  The 
 33.20  review panel must include representation from communities of 
 33.21  color, youth, and other community providers and agency 
 33.22  representatives who understand the needs and problems of 
 33.23  targeted youth.  The commissioner shall also assist in 
 33.24  coordinating funding from federal and state grant programs and 
 33.25  funding available from a variety of sources for efforts to 
 33.26  promote a continuum of services for targeted youth through a 
 33.27  consolidated grant application.  The commissioner shall analyze 
 33.28  the needs of targeted youth and gaps in services throughout the 
 33.29  state and determine how to best serve those needs within the 
 33.30  available funding. 
 33.31     Sec. 29.  Minnesota Statutes 2000, section 268.362, 
 33.32  subdivision 2, is amended to read: 
 33.33     Subd. 2.  [GRANT APPLICATIONS; AWARDS.] Interested eligible 
 33.34  organizations must apply to the commissioner for the grants.  
 33.35  The advisory committee must review the applications and provide 
 33.36  to the commissioner a list of recommended eligible organizations 
 34.1   that the advisory committee determines meet the requirements for 
 34.2   receiving a grant.  The total grant award for any program may 
 34.3   not exceed $150,000 per year.  In awarding grants, the advisory 
 34.4   committee and the commissioner must give priority to: 
 34.5      (1) continuing and expanding effective programs by 
 34.6   providing grant money to organizations that are operating or 
 34.7   have operated a successful program that meets the program 
 34.8   purposes under section 268.364; and 
 34.9      (2) distributing programs throughout the state through 
 34.10  start-up grants for programs in areas that are not served by an 
 34.11  existing program. 
 34.12     To receive a grant under this section, the eligible 
 34.13  organization must match the grant money with at least an equal 
 34.14  amount of nonstate money.  The commissioner must verify that the 
 34.15  eligible organization has matched the grant money.  Nothing in 
 34.16  this subdivision shall prevent an eligible organization from 
 34.17  applying for and receiving grants for more than one program.  A 
 34.18  grant received by an eligible organization from the federal 
 34.19  Youthbuild Project under United States Code, title 42, section 
 34.20  5091, is nonstate money and may be used to meet the state match 
 34.21  requirement.  State grant money awarded under this section may 
 34.22  be used by grantee organizations for match requirements of a 
 34.23  federal Youthbuild Project. 
 34.24     Sec. 30.  Minnesota Statutes 2000, section 402.03, is 
 34.25  amended to read: 
 34.26     402.03 [ADVISORY COMMITTEE.] 
 34.27     Each human services board shall appoint an advisory 
 34.28  committee, which shall actively participate in the formulation 
 34.29  of the plan for the development, implementation and operation of 
 34.30  the programs and services by the board, and shall make a formal 
 34.31  recommendation to the board at least annually concerning the 
 34.32  annual budget of the board and the implementation of the plan 
 34.33  during the ensuing year. 
 34.34     Membership on the advisory committee shall consist of no 
 34.35  more than 25 persons serving two year terms not to exceed three 
 34.36  consecutive terms.  Up to one-half of the terms of the initial 
 35.1   advisory committee may be for one year; upon their expiration 
 35.2   all terms shall be for two years.  The chair shall be appointed 
 35.3   by the human services board and may not be a member of a county 
 35.4   board. 
 35.5      One-third of the members of the advisory committee shall 
 35.6   be representatives of those persons receiving services provided 
 35.7   by the human services board.  Up to one-third may be providers 
 35.8   or employees of providers of services and must include 
 35.9   representatives of private providers if such providers exist in 
 35.10  the county or counties party to the agreement.  At least one 
 35.11  member shall be a member of the health advisory committee 
 35.12  established pursuant to section 145A.10, subdivision 10, if any. 
 35.13  At least one member shall be a member of the corrections 
 35.14  advisory board established pursuant to section 401.08, if any.  
 35.15  The remaining members shall represent the citizens of the 
 35.16  counties. 
 35.17     The advisory committee shall appoint permanent task forces 
 35.18  to assist in planning for corrections, social, mental health and 
 35.19  public health services. 
 35.20     Task force membership shall be constituted to fulfill state 
 35.21  agency requirements for receiving categorical funds.  Where 
 35.22  appropriately constituted, these task forces may, at the option 
 35.23  of the human services boards, replace those advisory bodies 
 35.24  required by statute and rule to advise local social services 
 35.25  agencies and other county and area boards.  Individuals not 
 35.26  members of the advisory committee may be appointed to the task 
 35.27  forces; provided, however, that each task force shall be chaired 
 35.28  by a member of the advisory committee. 
 35.29     The human services board shall provide staff assistance to 
 35.30  the advisory committee. 
 35.31     Sec. 31.  [REVISOR'S INSTRUCTION.] 
 35.32     The revisor shall delete "17.703" and insert "17.702" in 
 35.33  Minnesota Statutes, sections 17.696, 17.697, 17.70, 17.701, and 
 35.34  17.9442. 
 35.35     Sec. 32.  [REPEALER.] 
 35.36     Minnesota Statutes 2000, sections 17.49, subdivision 1; 
 36.1   17.703; 17.76; 40A.14, subdivision 3; 52.061; 60K.19, 
 36.2   subdivision 4; 93.002; 97A.055, subdivision 4a; 116C.711; 
 36.3   124D.894; 124D.95, subdivision 6; 134.31, subdivision 5; 
 36.4   137.342, subdivision 2; 144A.073, subdivision 3c; 144A.31; 
 36.5   162.09, subdivision 2; 256.955, subdivision 5; 256B.0625, 
 36.6   subdivision 13a; 256B.0911, subdivision 8; 256B.434, subdivision 
 36.7   13; 268.361, subdivision 2; 268.363; 299A.295, subdivision 2; 
 36.8   299K.03, subdivision 4; and 299M.02, are repealed. 
 36.9      Sec. 33.  [EFFECTIVE DATE.] 
 36.10     This act is effective June 30, 2001.