as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
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. 1.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.29 Section 1. Minnesota Statutes 2000, section 6.65, is 1.30 amended to read: 1.31 6.65 [MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.] 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 a2.4 task force to promulgate an audit guide for legal compliance2.5 audits. The task force must include representatives of the2.6 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, 19972001, terminates 2.13 June 30, 19972001. An advisory council or committee 2.14 established by law and in existence after June 30, 19972001, 2.15 expires on the date specified in the law establishing the group 2.16 or on June 30, 20012003, 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, 20012003. 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, 19972001. These groups 2.32 expire June 30, 20012003, 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 section3.11 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 in3.21 section 97A.055;3.22 Wetland heritage advisory committee, created in section3.23 103G.2242;3.24 Wastewater treatment technical advisory committee, created3.25 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 section3.34 119A.13;3.35 Chemical abuse and violence prevention council, created in3.36 section 119A.293;4.1 Youth neighborhood centers advisory board, created in4.2 section 119A.295;4.3 Interagency coordinating council, created in section4.4 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 in4.9 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 section4.15 124D.95;4.16 Multicultural education advisory committee, created in4.17 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 section4.23 136A.031;4.24 Student advisory council, created in section 136A.031;4.25 Cancer surveillance advisory committee, created in section4.26 144.672;4.27 Maternal and child health task force, created in section 4.28 145.881; 4.29 State community health advisory committee, created in4.30 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 in5.15 section 256B.0625;5.16 Home care advisory committee, created in section 256B.071;5.17 Preadmission screening, alternative care, and home and5.18 community-based services advisory committee, created in section5.19 256B.0911;5.20 Traumatic brain injury advisory committee, created in5.21 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, 20012003. 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, 20012003. 13.26 Sec. 7. Minnesota Statutes 2000, section 17.136, is 13.27 amended to read: 13.28 17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND 13.29 MANURE MANAGEMENT ADVISORY COMMITTEE.] 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, 20012003. 14.35 Sec. 8. Minnesota Statutes 2000, section 18B.305, 14.36 subdivision 3, is amended to read: 15.1 Subd. 3. [PESTICIDE APPLICATOR EDUCATION AND EXAMINATION 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, 20012003. 15.27 Sec. 9. Minnesota Statutes 2000, section 21.112, 15.28 subdivision 2, is amended to read: 15.29 Subd. 2. [ADVISORY SEED POTATO CERTIFICATION TASK FORCE.] 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, 20012003. 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, 20012003. 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 planning17.6 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 shall17.30 jointly convene a public programs risk adjustment work group17.31 responsible for advising the commissioners in the design of the17.32 public programs risk adjustment system. The public programs17.33 risk adjustment work group is governed by section 15.059 for17.34 purposes of membership terms, expiration, and removal of17.35 members. The work group shall meet at the discretion of the17.36 commissioners of health and human services. The commissioner of18.1 health shall work with the risk adjustment association to ensure18.2 coordination between the risk adjustment systems for the public18.3 and private sectors. The commissioner of human services shall18.4 seek any needed federal approvals necessary for the inclusion of18.5 the medical assistance program in the public programs risk18.6 adjustment system.18.7 (c) The public programs risk adjustment work group must be18.8 representative of the persons served by publicly paid health18.9 programs and providers and health plans that meet their needs.18.10 To the greatest extent possible, the appointing authorities18.11 shall attempt to select representatives that have historically18.12 served a significant number of persons in publicly paid health18.13 programs or the uninsured. Membership of the work group shall18.14 be as follows:18.15 (1) one provider member appointed by the Minnesota Medical18.16 Association;18.17 (2) two provider members appointed by the Minnesota18.18 Hospital Association, at least one of whom must represent a18.19 major disproportionate share hospital;18.20 (3) five members appointed by the Minnesota Council of18.21 HMOs, one of whom must represent an HMO with fewer than 50,00018.22 enrollees located outside the metropolitan area and one of whom18.23 must represent an HMO with at least 50 percent of total18.24 membership enrolled through a public program;18.25 (4) two representatives of counties appointed by the18.26 Association of Minnesota Counties;18.27 (5) three representatives of organizations representing the18.28 interests of families, children, childless adults, and elderly18.29 persons served by the various publicly paid health programs18.30 appointed by the governor;18.31 (6) two representatives of persons with mental health,18.32 developmental or physical disabilities, chemical dependency, or18.33 chronic illness appointed by the governor; and18.34 (7) three public members appointed by the governor, at18.35 least one of whom must represent a community health board. The18.36 risk adjustment association may appoint a representative, if a19.1 representative is not otherwise appointed by an appointing19.2 authority.19.3 (d) The commissioners of health and human services, with19.4 the advice of the public programs risk adjustment work group,19.5 shall develop a work plan and time frame and shall coordinate19.6 their efforts with the private sector risk adjustment19.7 association's activities and other state initiatives related to19.8 public program managed care reimbursement.19.9 (e) Before including risk adjustment in a contract for the19.10 prepaid medical assistance program, the prepaid general19.11 assistance medical care program, or the MinnesotaCare program,19.12 the commissioner of human services shall provide to the19.13 contractor an analysis of the expected impact on the contractor19.14 of the implementation of risk adjustment. This analysis may be19.15 limited by the available data and resources, as determined by19.16 the commissioner, and shall not be binding on future contract19.17 periods. This paragraph shall not apply if the contractor has19.18 not supplied information to the commissioner related to the risk19.19 adjustment analysis.19.20 (f)The commissioner of human services shall report to the19.21 public program risk adjustment work group on the methodology the19.22 department will use for risk adjustment prior to implementation19.23 of the risk adjustment payment methodology. Upon completion of19.24 the report to the work group, the commissioner shallphase 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: 20.8 Subd. 2. [ ADVISORY TASK FORCE;PROGRAM IMPLEMENTATION.] 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 an20.12 advisory task force to assist the department of children,20.13 families, and learning in developing an implementation program20.14 for providing staff development to school district staff in20.15 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 ; and21.15 (6) establishment of a committee to assist the commissioner21.16 in the review of system activities. The committee is governed21.17 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 committeecommissioner 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 interagency21.29 long-term care planning committee, and thecommissioner. 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 committeecommissioner 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 committeecommissioner shall publish a notice to 22.2 that effect, and no proposals shall be requested. If money is 22.3 appropriated, the interagency committeecommissioner 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-term23.15 care planning committee may recommend thatthe 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 shall23.19 appoint an advisory review panel composed of representatives of23.20 consumers and providers to review proposals and provide comments23.21 and recommendations to the committee. The commissioners of23.22 human services and health shall provide staff and technical23.23 assistance to the committee for the review and analysis of23.24 proposals. The interagency committee shall hold a public23.25 hearing before submitting recommendations to the commissioner of23.26 health on project requests. The committee shall submit23.27 recommendations within 150 days of the date of the publication23.28 of the notice.The commissioner of health shall approve or 23.29 disapprove a project within 30 days after receiving the23.30 committee's recommendations. The advisory review panel, the23.31 committee, and thecommissioner of health shall base their23.32 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 the24.5 legislature, as required under section 144A.31, must include the24.6 projects approved, the criteria used to recommend proposals for24.7 approval, and the estimated costs of the projects, including the24.8 costs of initial construction and remodeling, and the estimated24.9 operating costs during the first two years after the project is24.10 completed.24.11 Sec. 20. Minnesota Statutes 2000, section 145A.10, 24.12 subdivision 10, is amended to read: 24.13 Subd. 10. [ STATE ANDLOCAL ADVISORY COMMITTEES.] (a) A24.14 state community health advisory committee is established to24.15 advise, consult with, and make recommendations to the24.16 commissioner on the development, maintenance, funding, and24.17 evaluation of community health services. Section 15.059,24.18 subdivision 5, applies to this committee. Each community health24.19 board may appoint a member to serve on the committee. The24.20 committee must meet at least quarterly, and special meetings may24.21 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 be24.23 reimbursed for travel and other necessary expenses while engaged24.24 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: 25.12 Subd. 3. [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 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. If26.36 the governing body does not approve the final plans within three27.1 months after submitted, the commissioner may refer the plans to27.2 (1) the Twin Cities Metropolitan Area Planning Commission, if27.3 the project is within the area of its jurisdiction, or (2) the27.4 municipal advisory committee on state-aid rules established27.5 under section 162.09, subdivision 2, if the project is elsewhere27.6 in the state. If a member of the advisory committee is from the27.7 municipality concerned that member shall be excused. If the27.8 plans are so referred, the commission or committee shall give27.9 the commissioner and the governing body ample opportunity to27.10 present the case for or against approval of the plans so27.11 referred. Not later than three months after such hearings and27.12 independent study as it deems desirable, it shall approve or27.13 disapprove such plans, making such additional recommendations27.14 consistent with state and federal requirements as it deems27.15 appropriate, and it shall submit a written report containing its27.16 findings and recommendations to the commissioner and the27.17 governing body. The commissioner shall not proceed with the27.18 proposed construction, reconstruction, or improvement except in27.19 accordance with plans approved by the governing body or, if27.20 referred to the commission or committee, until after the27.21 commission or committee has made its report, and then only after27.22 the governing body has had an additional 90 days within which to27.23 consider the plans originally submitted or such modified plans27.24 as may be submitted to it by the commissioner following the27.25 report of the commission or committee. If within such 90-day27.26 period, the governing body does not approve the plans submitted27.27 to it, and if the commissioner then wishes to proceed with the27.28 project according to plans differing substantially from the27.29 plans recommended by the commission or committee in its report,27.30 the commissioner shall, before proceeding with the project, file27.31 a written report with the commission or committee and the27.32 governing body stating fully the reasons for doing so. Whenever27.33 plans are referred to the Twin Cities Metropolitan Area Planning27.34 Commission, the commission shall be reimbursed from the trunk27.35 highway fund for actual and necessary expenses incurred by the27.36 commission in staff work incident to consideration of plans and28.1 action thereon by the commission. Whenever plans are referred28.2 to the advisory committee on rules, members of the committee28.3 shall be paid their necessary expenses to the same extent and in28.4 the same manner as for its duties in considering the28.5 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.] AThe major 28.9 transportation projects commission is created toshall 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 the29.17 interagency long-term care planning committee as described in29.18 section 144A.31.The services offered through these projects 29.19 will beare 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: 29.25 Subd. 2. [DESIGN OF SAIL PROJECTS; LOCAL LONG-TERM CARE 29.26 COORDINATING TEAM.] (a) The commissioner of human services in29.27 conjunction with the interagency long-term care planning29.28 committee's long-range strategic planshall 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 provide32.1 recommendations in reports to the commissioner regarding program32.2 and service needs of persons with traumatic brain injuries. The32.3 advisory committee shall consist of no less than ten members and32.4 no more than 30 members. The commissioner shall appoint all32.5 advisory committee members to one- or two-year terms and appoint32.6 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 review33.19 committee of up to eight members to evaluate the proposals. The33.20 review panel must include representation from communities of33.21 color, youth, and other community providers and agency33.22 representatives who understand the needs and problems of33.23 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 provide33.36 to the commissioner a list of recommended eligible organizations34.1 that the advisory committee determines meet the requirements for34.2 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 one35.11 member shall be a member of the health advisory committee35.12 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.