2nd Engrossment - 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, subdivision 5; 1.6 15.50, subdivision 2; 16B.181, subdivision 2; 16B.27, 1.7 subdivision 3; 16B.76, subdivision 1; 17.136; 18B.305, 1.8 subdivision 3; 21.112, subdivision 2; 28A.20; 43A.316, 1.9 subdivision 4; 62J.15, subdivision 1; 62J.46, 1.10 subdivision 1; 62J.692, subdivision 2; 62Q.03, 1.11 subdivision 5a; 82B.05, subdivision 1; 115A.12; 1.12 116P.06, subdivision 1; 122A.624, subdivision 2; 1.13 144.1481, subdivision 1; 144.672, subdivision 1; 1.14 144A.073, subdivisions 2, 3, 3c; 145A.10, subdivision 1.15 10; 148C.11, subdivision 3; 161.1419, subdivisions 2, 1.16 8; 161.17, subdivision 2; 174.55, subdivision 1; 1.17 175.007, subdivision 1; 175.008; 176.102, subdivision 1.18 3; 176.103, subdivision 3; 178.02, subdivision 2; 1.19 182.656, subdivision 3; 214.32, subdivision 1; 248.10; 1.20 254A.03, subdivision 2; 256.482, subdivision 8; 1.21 256B.0917, subdivisions 1, 2; 256B.093, subdivision 1; 1.22 256B.69, subdivision 5b; 256E.115, subdivision 1; 1.23 268.29; 268A.02, subdivision 2; 402.03; proposing 1.24 coding for new law in Minnesota Statutes, chapter 245; 1.25 repealing Minnesota Statutes 2000, sections 15.059, 1.26 subdivision 5a, as amended; 17.49, subdivision 1; 1.27 17.703; 17.76; 40A.14, subdivision 3; 52.061; 60K.19, 1.28 subdivision 4; 93.002; 97A.055, subdivision 4a; 1.29 116C.711; 124D.894; 124D.95, subdivision 6; 134.31, 1.30 subdivision 5; 137.342, subdivision 2; 144A.31; 1.31 162.09, subdivision 2; 256B.071, subdivision 5; 1.32 256B.0911, subdivision 8; 256B.434, subdivision 13; 1.33 299A.295, subdivision 2; 299K.03, subdivision 4. 1.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.35 Section 1. Minnesota Statutes 2000, section 6.65, is 1.36 amended to read: 1.37 6.65 [MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.] 1.38 The state auditor shall prescribe minimum procedures and 1.39 the audit scope for auditing the books, records, accounts, and 2.1 affairs of local governments in Minnesota. The minimum scope 2.2 for audits of all local governments must include financial and 2.3 legal compliance audits
for fiscal years ending after January2.4 15, 1984. Audits of all school districts shallmust include a 2.5 determination of compliance with uniform financial accounting 2.6 and reporting standards. The state auditor shall establish a2.7 task force topromulgate an audit guide for legal compliance 2.8 audits . The task force must include, in consultation with 2.9 representatives of the state auditor, the attorney general, 2.10 towns, cities, counties, school districts, and private sector 2.11 public accountants. 2.12 Sec. 2. Minnesota Statutes 2000, section 15.059, 2.13 subdivision 5, is amended to read: 2.14 Subd. 5. [EXPIRATION DATE.] (a) Unless a different date is 2.15 specified by law, the existence of each advisory council and 2.16 committee established before January 1, 1997, terminates June2.17 30, 1997. An advisory council or committee established by law2.18 and in existence after June 30, 1997,expires on the date 2.19 specified in the law establishing the group or on June 30, 20012.20 2003, whichever is sooner. This subdivision applies whether or 2.21 not the law establishing the group provides that the group is 2.22 governed by this section. 2.23 (b) An advisory council or committee does not expire in 2.24 accordance with paragraph (a) if it: 2.25 (1) is an occupational licensure advisory group to a 2.26 licensing board or agency; 2.27 (2) administers and awards grants; or 2.28 (3) is required by federal law or regulation. 2.29 A council or committee covered by this paragraph expires June2.30 30, 2001.2.31 Sec. 3. Minnesota Statutes 2000, section 15.50, 2.32 subdivision 2, is amended to read: 2.33 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, 2.34 prescribe, and from time to time, after a public hearing, amend 2.35 a comprehensive use plan for the capitol area, called the area 2.36 in this subdivision, which consists of that portion of the city 3.1 of Saint Paul comprehended within the following boundaries: 3.2 Beginning at the point of intersection of the center line of the 3.3 Arch-Pennsylvania freeway and the center line of Marion Street, 3.4 thence southerly along the center line of Marion Street extended 3.5 to a point 50 feet south of the south line of Concordia Avenue, 3.6 thence southeasterly along a line extending 50 feet from the 3.7 south line of Concordia Avenue to a point 125 feet from the west 3.8 line of John Ireland Boulevard, thence southwesterly along a 3.9 line extending 125 feet from the west line of John Ireland 3.10 Boulevard to the south line of Dayton Avenue, thence 3.11 northeasterly from the south line of Dayton Avenue to the west 3.12 line of John Ireland Boulevard, thence northeasterly to the 3.13 center line of the intersection of Old Kellogg Boulevard and 3.14 Summit Avenue, thence northeasterly along the center line of 3.15 Summit Avenue to the center line of the new West Kellogg 3.16 Boulevard, thence southerly along the east line of the new West 3.17 Kellogg Boulevard, to the east line of the right-of-way of 3.18 Interstate Highway 35-E, thence northeasterly along the east 3.19 line of the right-of-way of Interstate Highway 35-E to the south 3.20 line of the right-of-way of Interstate Highway 94, thence 3.21 easterly along the south line of the right-of-way of Interstate 3.22 Highway 94 to the west line of St. Peter Street, thence 3.23 southerly to the south line of Exchange Street, thence easterly 3.24 along the south line of Exchange Street to the west line of 3.25 Cedar Street, thence northerly along the west line of Cedar 3.26 Street to the center line of Tenth Street, thence northeasterly 3.27 along the center line of Tenth Street to the center line of 3.28 Minnesota Street, thence northwesterly along the center line of 3.29 Minnesota Street to the center line of Eleventh Street, thence 3.30 northeasterly along the center line of Eleventh Street to the 3.31 center line of Jackson Street, thence northwesterly along the 3.32 center line of Jackson Street to the center line of the 3.33 Arch-Pennsylvania freeway extended, thence westerly along the 3.34 center line of the Arch-Pennsylvania freeway extended and Marion 3.35 Street to the point of origin. 3.36 Under the comprehensive plan, or a portion of it, the board 4.1 may regulate, by means of zoning rules adopted under the 4.2 Administrative Procedure Act, the kind, character, height, and 4.3 location, of buildings and other structures constructed or used, 4.4 the size of yards and open spaces, the percentage of lots that 4.5 may be occupied, and the uses of land, buildings and other 4.6 structures, within the area. To protect and enhance the 4.7 dignity, beauty, and architectural integrity of the capitol 4.8 area, the board is further empowered to include in its zoning 4.9 rules design review procedures and standards with respect to any 4.10 proposed construction activities in the capitol area 4.11 significantly affecting the dignity, beauty, and architectural 4.12 integrity of the area. No person may undertake these 4.13 construction activities as defined in the board's rules in the 4.14 capitol area without first submitting construction plans to the 4.15 board, obtaining a zoning permit from the board, and receiving a 4.16 written certification from the board specifying that the person 4.17 has complied with all design review procedures and standards. 4.18 Violation of the zoning rules is a misdemeanor. The board may, 4.19 at its option, proceed to abate any violation by injunction. 4.20 The board and the city of Saint Paul shall cooperate in assuring 4.21 that the area adjacent to the capitol area is developed in a 4.22 manner that is in keeping with the purpose of the board and the 4.23 provisions of the comprehensive plan. 4.24 (b) The commissioner of administration shall act as a 4.25 consultant to the board with regard to the physical structural 4.26 needs of the state. The commissioner shall make studies and 4.27 report the results to the board when it requests reports for its 4.28 planning purpose. 4.29 (c) No public building, street, parking lot, or monument, 4.30 or other construction may be built or altered on any public 4.31 lands within the area unless the plans for the project conform 4.32 to the comprehensive use plan as specified in paragraph (d) and 4.33 to the requirement for competitive plans as specified in 4.34 paragraph (e). No alteration substantially changing the 4.35 external appearance of any existing public building approved in 4.36 the comprehensive plan or the exterior or interior design of any 5.1 proposed new public building the plans for which were secured by 5.2 competition under paragraph (e) may be made without the prior 5.3 consent of the board. The commissioner of administration shall 5.4 consult with the board regarding internal changes having the 5.5 effect of substantially altering the architecture of the 5.6 interior of any proposed building. 5.7 (d) The comprehensive plan must show the existing land uses 5.8 and recommend future uses including: areas for public taking 5.9 and use; zoning for private land and criteria for development of 5.10 public land, including building areas, open spaces, monuments, 5.11 and other memorials; vehicular and pedestrian circulation; 5.12 utilities systems; vehicular storage; elements of landscape 5.13 architecture. No substantial alteration or improvement may be 5.14 made to public lands or buildings in the area without the 5.15 written approval of the board. 5.16 (e) The board shall secure by competitions plans for any 5.17 new public building. Plans for any comprehensive plan, 5.18 landscaping scheme, street plan, or property acquisition that 5.19 may be proposed, or for any proposed alteration of any existing 5.20 public building, landscaping scheme or street plan may be 5.21 secured by a similar competition. A competition must be 5.22 conducted under rules prescribed by the board and may be of any 5.23 type which meets the competition standards of the American 5.24 Institute of Architects. Designs selected become the property 5.25 of the state of Minnesota, and the board may award one or more 5.26 premiums in each competition and may pay the costs and fees that 5.27 may be required for its conduct. At the option of the board, 5.28 plans for projects estimated to cost less than $1,000,000 may be 5.29 approved without competition provided the plans have been 5.30 considered by the advisory committee described in paragraph 5.31 (h). Plans for projects estimated to cost less than $400,000 5.32 and for construction of streets need not be considered by the 5.33 advisory committee if in conformity with the comprehensive plan. 5.34 (f) Notwithstanding paragraph (e), an architectural 5.35 competition is not required for the design of any light rail 5.36 transit station and alignment within the capitol area. The 6.1 board and its advisory committee shall select a preliminary 6.2 design for any transit station in the capitol area. Each stage 6.3 of any station's design through working drawings must be 6.4 reviewed by the board's advisory committee and approved by the 6.5 board to ensure that the station's design is compatible with the 6.6 comprehensive plan for the capitol area and the board's design 6.7 criteria. The guideway and track design of any light rail 6.8 transit alignment within the capitol area must also be reviewed 6.9 by the board's advisory committee and approved by the board. 6.10 (g) Of the amount available for the light rail transit 6.11 design, adequate funds must be available to the board for design 6.12 framework studies and review of preliminary plans for light rail 6.13 transit alignment and stations in the capitol area. 6.14 (h) The board may not adopt any plan under paragraph (e) 6.15 unless it first receives the comments and criticism of an 6.16 advisory committee of three persons, each of whom is either an 6.17 architect or a planner, who have been selected and appointed as 6.18 follows: one by the board of the arts, one by the board, and 6.19 one by the Minnesota Society of the American Institute of 6.20 Architects. The authority for appointment of an advisory 6.21 committee does not expire. Members of the committee may not be 6.22 contestants under paragraph (e). The comments and criticism 6.23 must be a matter of public information. The committee shall 6.24 advise the board on all architectural and planning matters. For 6.25 that purpose, the committee must be kept currently informed 6.26 concerning, and have access to, all data, including all plans, 6.27 studies, reports and proposals, relating to the area as the data 6.28 are developed or in the process of preparation, whether by the 6.29 commissioner of administration, the commissioner of trade and 6.30 economic development, the metropolitan council, the city of 6.31 Saint Paul, or by any architect, planner, agency or 6.32 organization, public or private, retained by the board or not 6.33 retained and engaged in any work or planning relating to the 6.34 area, and a copy of any data prepared by any public employee or 6.35 agency must be filed with the board promptly upon completion. 6.36 The board may employ stenographic or technical help that 7.1 may be reasonable to assist the committee to perform its duties. 7.2 When so directed by the board, the committee may serve as, 7.3 and any member or members of the committee may serve on, the 7.4 jury or as professional advisor for any architectural 7.5 competition, and the board shall select the architectural 7.6 advisor and jurors for any competition with the advice of the 7.7 committee. 7.8 The city of Saint Paul shall advise the board. 7.9 (i) The comprehensive plan for the area must be developed 7.10 and maintained in close cooperation with the commissioner of 7.11 trade and economic development, the planning department and the 7.12 council for the city of Saint Paul, and the board of the arts, 7.13 and no plan or amendment of a plan may be effective without 90 7.14 days' notice to the planning department of the city of Saint 7.15 Paul and the board of the arts and without a public hearing with 7.16 opportunity for public testimony. 7.17 (j) The board and the commissioner of administration, 7.18 jointly, shall prepare, prescribe, and from time to time revise 7.19 standards and policies governing the repair, alteration, 7.20 furnishing, appearance, and cleanliness of the public and 7.21 ceremonial areas of the state capitol building. The board shall 7.22 consult with and receive advice from the director of the 7.23 Minnesota state historical society regarding the historic 7.24 fidelity of plans for the capitol building. The standards and 7.25 policies developed under this paragraph are binding upon the 7.26 commissioner of administration. The provisions of chapter 14, 7.27 including section 14.386, do not apply to this paragraph. 7.28 (k) The board in consultation with the commissioner of 7.29 administration shall prepare and submit to the legislature and 7.30 the governor no later than October 1 of each even-numbered year 7.31 a report on the status of implementation of the comprehensive 7.32 plan together with a program for capital improvements and site 7.33 development, and the commissioner of administration shall 7.34 provide the necessary cost estimates for the program. The board 7.35 shall report any changes to the comprehensive plan adopted by 7.36 the board to the committee on governmental operations and 8.1 gambling of the house of representatives and the committee on 8.2 governmental operations and reform of the senate and upon 8.3 request shall provide testimony concerning the changes. The 8.4 board shall also provide testimony to the legislature on 8.5 proposals for memorials in the capitol area as to their 8.6 compatibility with the standards, policies, and objectives of 8.7 the comprehensive plan. 8.8 (l) The state shall, by the attorney general upon the 8.9 recommendation of the board and within appropriations available 8.10 for that purpose, acquire by gift, purchase, or eminent domain 8.11 proceedings any real property situated in the area described in 8.12 this section, and it may also acquire an interest less than a 8.13 fee simple interest in the property, if it finds that the 8.14 property is needed for future expansion or beautification of the 8.15 area. 8.16 (m) The board is the successor of the state veterans 8.17 service building commission, and as such may adopt rules and may 8.18 reenact the rules adopted by its predecessor under Laws 1945, 8.19 chapter 315, and amendments to it. 8.20 (n) The board shall meet at the call of the chair and at 8.21 such other times as it may prescribe. 8.22 (o) The commissioner of administration shall assign 8.23 quarters in the state veterans service building to (1) the 8.24 department of veterans affairs, of which a part that the 8.25 commissioner of administration and commissioner of veterans 8.26 affairs may mutually determine must be on the first floor above 8.27 the ground, and (2) the American Legion, Veterans of Foreign 8.28 Wars, Disabled American Veterans, Military Order of the Purple 8.29 Heart, United Spanish War Veterans, and Veterans of World War I, 8.30 and their auxiliaries, incorporated, or when incorporated, under 8.31 the laws of the state, and (3) as space becomes available, to 8.32 other state departments and agencies as the commissioner may 8.33 deem desirable. 8.34 Sec. 4. Minnesota Statutes 2000, section 16B.181, 8.35 subdivision 2, is amended to read: 8.36 Subd. 2. [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS 9.1 INDUSTRIES.] (a) The commissioner of corrections, in 9.2 consultation with the commissioner of administration, shall 9.3 prepare updated lists of the items available for purchase from 9.4 department of corrections industries and annually forward a copy 9.5 of the most recent list to all public entities within the 9.6 state. A public entity that is supported in whole or in part 9.7 with funds from the state treasury may purchase items directly 9.8 from corrections industries. The bid solicitation process is 9.9 not required for these purchases. 9.10 (b) The commissioner of administration shall develop a 9.11 contract or contracts to enable public entities to purchase 9.12 items directly from corrections industries. The commissioner of 9.13 administration, in consultation with the commissioner of 9.14 corrections, shall determine the fair market price for listed 9.15 items. The commissioner of administration shall require that 9.16 all requests for bids or proposals, for items provided by 9.17 corrections industries, be forwarded to the commissioner of 9.18 corrections to enable corrections industries to submit bids. 9.19 The commissioner of corrections shall consult with the 9.20 commissioner of administration prior to introducing new products 9.21 to the state agency market. 9.22 (c) No public entity may evade the intent of this section 9.23 by adopting slight variations in specifications, when Minnesota 9.24 corrections industry items meet the reasonable needs and 9.25 specifications of the public entity. 9.26 (d) The commissioners of administration and corrections 9.27 shall develop annual performance measures outlining goals to 9.28 maximize inmate work program participation. The commissioners 9.29 of administration and corrections shall appoint cochairs for a 9.30 task force whose purpose is to determine additional methods to 9.31 achieve the performance goals for public entity purchasing. The 9.32 task force shall include representatives from the Minnesota 9.33 house of representatives, Minnesota senate, the Minnesota state 9.34 colleges and universities, University of Minnesota, Minnesota 9.35 League of Cities, Minnesota Association of Counties, and 9.36 administrators with purchasing responsibilities from the 10.1 Minnesota state departments of corrections, public safety, 10.2 finance, transportation, natural resources, human services, 10.3 health, and economic security. The task force required by this 10.4 paragraph expires June 30, 2003. 10.5 (e) If performance goals for public entity purchasing are 10.6 not achieved in two consecutive fiscal years, public entities 10.7 shall purchase items available from corrections industries. The 10.8 commissioner of administration shall be responsible for 10.9 notifying public entities of this requirement. 10.10 Sec. 5. Minnesota Statutes 2000, section 16B.27, 10.11 subdivision 3, is amended to read: 10.12 Subd. 3. [COUNCIL.] The governor's residence council 10.13 consists of the following 19 members: the commissioner; the 10.14 spouse ,or a designee of the governor; the executive director of 10.15 the Minnesota state arts board; the director of the Minnesota 10.16 historical society; a member of the senate appointed pursuant to 10.17 the rules of the senate; a member of the house of 10.18 representatives appointed pursuant to the rules of the house of 10.19 representatives; 13 persons appointed by the governor including 10.20 one in the field of higher education, one member of the American 10.21 Society of Interior Designers, Minnesota Chapter, one member of 10.22 the American Institute of Architects, Minnesota chapter, one 10.23 member of the American Society of Landscape Architects, 10.24 Minnesota Chapter, one member of the family that donated the 10.25 governor's residence to the state, if available, and eight 10.26 public members with four public members' terms being coterminous 10.27 with the governor who appoints them. Members of the council 10.28 serve without compensation. Membership terms, removal, and 10.29 filling of vacancies for members appointed by the governor are 10.30 governed by section 15.0575. The council shall elect a chair 10.31 and a secretary from among its members. The council expires on 10.32 June 30, 20012003. 10.33 Sec. 6. Minnesota Statutes 2000, section 16B.76, 10.34 subdivision 1, is amended to read: 10.35 Subdivision 1. [MEMBERSHIP.] (a) The construction codes 10.36 advisory council consists of the following members: 11.1 (1) the commissioner of administration or the 11.2 commissioner's designee representing the department's building 11.3 codes and standards division; 11.4 (2) the commissioner of health or the commissioner's 11.5 designee representing an environmental health section of the 11.6 department; 11.7 (3) the commissioner of public safety or the commissioner's 11.8 designee representing the department's state fire marshal 11.9 division; 11.10 (4) the commissioner of public service or the 11.11 commissioner's designee representing the department's energy 11.12 regulation and resource management division; and 11.13 (5) one member representing each of the following 11.14 occupations or entities, appointed by the commissioner of 11.15 administration: 11.16 (i) a certified building official; 11.17 (ii) a fire service representative; 11.18 (iii) a licensed architect; 11.19 (iv) a licensed engineer; 11.20 (v) a building owners and managers representative; 11.21 (vi) a licensed residential building contractor; 11.22 (vii) a commercial building contractor; 11.23 (viii) a heating and ventilation contractor; 11.24 (ix) a plumbing contractor; 11.25 (x) a representative of a construction and building trades 11.26 union; and 11.27 (xi) a local unit of government representative. 11.28 (b) For members who are not state officials or employees, 11.29 terms, compensation, removal, and the filling of vacancies are 11.30 governed by section 15.059. The council shall select one of its 11.31 members to serve as chair. 11.32 (c) The council expires June 30, 20012003. 11.33 Sec. 7. Minnesota Statutes 2000, section 17.136, is 11.34 amended to read: 11.35 17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND 11.36 MANURE MANAGEMENT ADVISORY COMMITTEE.] 12.1 (a) The commissioner of agriculture and the commissioner of 12.2 the pollution control agency shall establish a feedlot and 12.3 manure management advisory committee to identify needs, goals, 12.4 and suggest policies for research, monitoring, and regulatory 12.5 activities regarding feedlot and manure management. In 12.6 establishing the committee, the commissioner shall give first 12.7 consideration to members of the existing feedlot advisory group. 12.8 (b) The committee must include representation from beef, 12.9 dairy, pork, chicken, and turkey producer organizations. The 12.10 committee shall not exceed 21 members, but, after June 30, 1999, 12.11 must include representatives from at least four environmental 12.12 organizations, eight livestock producers, four experts in soil 12.13 and water science, nutrient management, and animal husbandry, 12.14 one commercial solid manure applicator who is not a producer, 12.15 one commercial liquid manure applicator who is not a producer, 12.16 and one member from an organization representing local units of 12.17 government, and chairs of the senate and the house of 12.18 representatives committees that deal with agricultural policy or 12.19 the designees of the chairs. In addition, the departments of 12.20 agriculture, health, and natural resources, the pollution 12.21 control agency, board of water and soil resources, soil and 12.22 water conservation districts, the federal Natural Resource 12.23 Conservation Service, the association of Minnesota counties, and 12.24 the Farm Service Agency shall serve on the committee as ex 12.25 officio nonvoting members. 12.26 (c) The advisory committee shall elect a chair and a 12.27 vice-chair from its members. The department and the agency 12.28 shall provide staff support to the committee. 12.29 (d) The commissioner of agriculture and the commissioner of 12.30 the pollution control agency shall consult with the advisory 12.31 committee during the development of any policies, rules, or 12.32 funding proposals or recommendations relating to feedlots or 12.33 feedlot-related manure management. 12.34 (e) The commissioner of agriculture shall consult with the 12.35 advisory committee on establishing a list of manure management 12.36 research needs and priorities. 13.1 (f) The advisory committee shall advise the commissioners 13.2 on other appropriate matters. 13.3 (g) Nongovernment members of the advisory committee shall 13.4 receive expenses, in accordance with section 15.059, subdivision 13.5 6. The advisory committee expires on June 30, 20012003. 13.6 Sec. 8. Minnesota Statutes 2000, section 18B.305, 13.7 subdivision 3, is amended to read: 13.8 Subd. 3. [PESTICIDE APPLICATOR EDUCATION AND EXAMINATION 13.9 REVIEW BOARD.] (a) The commissioner shall establish and chair a 13.10 pesticide applicator education and examination review board. 13.11 This board, consisting of 15 members, must meet at least once a 13.12 year before the initiation of pesticide educational planning 13.13 programs. The purpose of the board is to discuss topics of 13.14 current concern that can be incorporated into pesticide 13.15 applicator training sessions and appropriate examinations. This 13.16 board shall review and evaluate the various educational programs 13.17 recently conducted and recommend options to increase overall 13.18 effectiveness. 13.19 (b) Membership on this board must include applicators 13.20 representing various licensing categories, such as agriculture, 13.21 turf and ornamental, aerial, aquatic, and structural pest 13.22 control and private pesticide applicators, and other 13.23 governmental agencies, including the University of Minnesota, 13.24 the pollution control agency, department of health, department 13.25 of natural resources, and department of transportation. 13.26 (c) Membership on the board must include representatives 13.27 from environmental protection organizations. 13.28 (d) This board shall review licensing and certification 13.29 requirements for private, commercial, and noncommercial 13.30 applicators and provide a report to the commissioner with13.31 recommendations by January 15, 1998. This board shall review 13.32 category requirements and provide recommendations to the 13.33 commissioner. This board expires on June 30, 20012003. 13.34 Sec. 9. Minnesota Statutes 2000, section 21.112, 13.35 subdivision 2, is amended to read: 13.36 Subd. 2. [ADVISORY SEED POTATO CERTIFICATION TASK FORCE.] 14.1 The commissioner may appoint an advisory seed potato 14.2 certification task force. If the task force is appointed each 14.3 member shall be a grower in Minnesota of certified seed potatoes. 14.4 The terms, compensation and removal of members shall be as 14.5 provided in section 15.059. The task force shall expire June 14.6 30, 20012003. 14.7 Sec. 10. Minnesota Statutes 2000, section 28A.20, is 14.8 amended to read: 14.9 28A.20 [FOOD SAFETY ADVISORY COMMITTEETASK FORCE.] 14.10 Subdivision 1. [ESTABLISHMENT.] A food safety advisory14.11 committeetask force is established to advise the commissioner 14.12 and the legislature on food issues and food safety. 14.13 Subd. 2. [MEMBERSHIP.] (a) The food safety advisory14.14 committeetask force consists of: 14.15 (1) the commissioner of agriculture; 14.16 (2) the commissioner of health; 14.17 (3) a representative of the United States Food and Drug 14.18 Administration; 14.19 (4) a representative of the United States Department of 14.20 Agriculture; 14.21 (5) a representative of the agricultural utilization 14.22 research institute; 14.23 (6) one person from the University of Minnesota 14.24 knowledgeable in food and food safety issues; and 14.25 (7) nine members appointed by the governor who are 14.26 interested in food and food safety, of whom: 14.27 (i) two persons are health or food professionals; 14.28 (ii) one person represents a statewide general farm 14.29 organization; 14.30 (iii) one person represents a local food inspection agency; 14.31 and 14.32 (iv) one person represents a food-oriented consumer group. 14.33 (b) Members shall serve without compensation. Members 14.34 appointed by the governor shall serve four-year terms. 14.35 Subd. 3. [ORGANIZATION.] (a) The committeetask force 14.36 shall meet monthly or as determined by the chair. 15.1 (b) The members of the committeetask force shall annually 15.2 elect a chair and other officers as they determine necessary. 15.3 Subd. 4. [STAFF.] The commissioner of agriculture shall 15.4 provide support staff, office space, and administrative services 15.5 for the committeetask force. 15.6 Subd. 5. [DUTIES.] The committeetask force shall: 15.7 (1) coordinate educational efforts about various aspects of 15.8 food safety; 15.9 (2) provide advice and coordination to state agencies as 15.10 requested by the agencies; 15.11 (3) serve as a source of information and referral for the 15.12 public, news media, and others concerned with food safety; and 15.13 (4) make recommendations to Congress, the legislature, and 15.14 others about appropriate action to improve food safety in the 15.15 state. 15.16 Subd. 6. [EXPIRATION.] This section expires on June 15.17 30, 20012003. 15.18 Sec. 11. Minnesota Statutes 2000, section 43A.316, 15.19 subdivision 4, is amended to read: 15.20 Subd. 4. [LABOR-MANAGEMENT COMMITTEE.] The 15.21 labor-management committee consists of ten members appointed by 15.22 the commissioner. The labor-management committee must comprise 15.23 five members who represent employees, including at least one 15.24 retired employee, and five members who represent eligible 15.25 employers. Committee members are eligible for expense 15.26 reimbursement in the same manner and amount as authorized by the 15.27 commissioner's plan adopted under section 43A.18, subdivision 15.28 2. The commissioner shall consult with the labor-management 15.29 committee in major decisions that affect the program. The 15.30 committee shall study issues relating to the insurance program 15.31 including, but not limited to, flexible benefits, utilization 15.32 review, quality assessment, and cost efficiency. The committee 15.33 continues to exist while the program remains in operation. 15.34 Sec. 12. Minnesota Statutes 2000, section 62J.15, 15.35 subdivision 1, is amended to read: 15.36 Subdivision 1. [HEALTH TECHNOLOGY ADVISORY COMMITTEE.] The 16.1 legislative commission on health care access may convene or 16.2 authorize the commissioner of health to convene an advisory 16.3 committee to conduct evaluations of existing research and 16.4 technology assessments conducted by other entities of new and 16.5 existing health care technologies as designated by the 16.6 legislative commission on health care access, the commissioner, 16.7 or the advisory committee. The advisory committee must include 16.8 at least one person representing physicians, at least one person 16.9 representing hospitals, and at least one person representing the 16.10 health care technology industry. Health care technologies 16.11 include high-cost drugs, devices, procedures, or processes 16.12 applied to human health care, such as high-cost transplants and 16.13 expensive scanners and imagers. The advisory committee is 16.14 governed by section 15.0575, subdivision 3,except that members 16.15 do not receive per diem payments. 16.16 Sec. 13. Minnesota Statutes 2000, section 62J.46, 16.17 subdivision 1, is amended to read: 16.18 Subdivision 1. [LONG-TERM CARE COSTS.] The commissioner ,16.19 with the advice of the interagency long-term care planning16.20 committee established under section 144A.31,shall use existing 16.21 state data resources to monitor trends in public and private 16.22 spending on long-term care costs and spending in Minnesota. The 16.23 commissioner shall recommend to the legislature any additional 16.24 data collection activities needed to monitor these trends. 16.25 State agencies collecting information on long-term care spending 16.26 and costs shall coordinate with the interagency long-term care 16.27 planning committee and the commissioner to facilitate the 16.28 monitoring of long-term care expenditures in the state. 16.29 Sec. 14. Minnesota Statutes 2000, section 62J.692, 16.30 subdivision 2, is amended to read: 16.31 Subd. 2. [MEDICAL EDUCATION AND RESEARCH ADVISORY 16.32 COMMITTEE.] The commissioner shall appoint an advisory committee 16.33 to provide advice and oversight on the distribution of funds 16.34 appropriated for distribution under this section. In appointing 16.35 the members, the commissioner shall: 16.36 (1) consider the interest of all stakeholders; 17.1 (2) appoint members that represent both urban and rural 17.2 interests; and 17.3 (3) appoint members that represent ambulatory care as well 17.4 as inpatient perspectives. 17.5 The commissioner shall appoint to the advisory committee 17.6 representatives of the following groups to ensure appropriate 17.7 representation of all eligible provider groups and other 17.8 stakeholders: public and private medical researchers; public 17.9 and private academic medical centers, including representatives 17.10 from academic centers offering accredited training programs for 17.11 physicians, pharmacists, chiropractors, dentists, nurses, and 17.12 physician assistants; managed care organizations; employers; 17.13 consumers and other relevant stakeholders. The advisory 17.14 committee is governed by section 15.059 for membership terms and17.15 removal of members and expires on June 30, 2001. 17.16 Sec. 15. Minnesota Statutes 2000, section 62Q.03, 17.17 subdivision 5a, is amended to read: 17.18 Subd. 5a. [PUBLIC PROGRAMS.] (a) A separate risk 17.19 adjustment system must be developed for state-run public 17.20 programs, including medical assistance, general assistance 17.21 medical care, and MinnesotaCare. The system must be developed 17.22 in accordance with the general risk adjustment methodologies 17.23 described in this section, must include factors in addition to 17.24 age and sex adjustment, and may include additional demographic 17.25 factors, different targeted conditions, and/or different payment 17.26 amounts for conditions. The risk adjustment system for public 17.27 programs must attempt to reflect the special needs related to 17.28 poverty, cultural, or language barriers and other needs of the 17.29 public program population. 17.30 (b) The commissioners of health and human services shall17.31 jointly convene a public programs risk adjustment work group17.32 responsible for advising the commissioners in the design of the17.33 public programs risk adjustment system. The public programs17.34 risk adjustment work group is governed by section 15.059 for17.35 purposes of membership terms, expiration, and removal of17.36 members. The work group shall meet at the discretion of the18.1 commissioners of health and human services. The commissioner of18.2 health shall work with the risk adjustment association to ensure18.3 coordination between the risk adjustment systems for the public18.4 and private sectors. The commissioner of human services shall18.5 seek any needed federal approvals necessary for the inclusion of18.6 the medical assistance program in the public programs risk18.7 adjustment system.18.8 (c) The public programs risk adjustment work group must be18.9 representative of the persons served by publicly paid health18.10 programs and providers and health plans that meet their needs.18.11 To the greatest extent possible, the appointing authorities18.12 shall attempt to select representatives that have historically18.13 served a significant number of persons in publicly paid health18.14 programs or the uninsured. Membership of the work group shall18.15 be as follows:18.16 (1) one provider member appointed by the Minnesota Medical18.17 Association;18.18 (2) two provider members appointed by the Minnesota18.19 Hospital Association, at least one of whom must represent a18.20 major disproportionate share hospital;18.21 (3) five members appointed by the Minnesota Council of18.22 HMOs, one of whom must represent an HMO with fewer than 50,00018.23 enrollees located outside the metropolitan area and one of whom18.24 must represent an HMO with at least 50 percent of total18.25 membership enrolled through a public program;18.26 (4) two representatives of counties appointed by the18.27 Association of Minnesota Counties;18.28 (5) three representatives of organizations representing the18.29 interests of families, children, childless adults, and elderly18.30 persons served by the various publicly paid health programs18.31 appointed by the governor;18.32 (6) two representatives of persons with mental health,18.33 developmental or physical disabilities, chemical dependency, or18.34 chronic illness appointed by the governor; and18.35 (7) three public members appointed by the governor, at18.36 least one of whom must represent a community health board. The19.1 risk adjustment association may appoint a representative, if a19.2 representative is not otherwise appointed by an appointing19.3 authority.19.4 (d) The commissioners of health and human services, with19.5 the advice of the public programs risk adjustment work group,19.6 shall develop a work plan and time frame and shall coordinate19.7 their efforts with the private sector risk adjustment19.8 association's activities and other state initiatives related to19.9 public program managed care reimbursement.19.10 (e) Before including risk adjustment in a contract for the19.11 prepaid medical assistance program, the prepaid general19.12 assistance medical care program, or the MinnesotaCare program,19.13 the commissioner of human services shall provide to the19.14 contractor an analysis of the expected impact on the contractor19.15 of the implementation of risk adjustment. This analysis may be19.16 limited by the available data and resources, as determined by19.17 the commissioner, and shall not be binding on future contract19.18 periods. This paragraph shall not apply if the contractor has19.19 not supplied information to the commissioner related to the risk19.20 adjustment analysis.19.21 (f)The commissioner of human services shall report to the19.22 public program risk adjustment work group on the methodology the19.23 department will use for risk adjustment prior to implementation19.24 of the risk adjustment payment methodology. Upon completion of19.25 the report to the work group, the commissioner shallphase in 19.26 risk adjustment according to the following schedule: 19.27 (1) for the first contract year, no more than ten percent 19.28 of reimbursements shall be risk adjusted; and 19.29 (2) for the second contract year, no more than 30 percent 19.30 of reimbursements shall be risk adjusted. 19.31 Sec. 16. Minnesota Statutes 2000, section 82B.05, 19.32 subdivision 1, is amended to read: 19.33 Subdivision 1. [MEMBERS.] The real estate appraiser 19.34 advisory board consists of 15 members appointed by the 19.35 commissioner of commerce. Three of the members must be public 19.36 members, four must be consumers of appraisal services, and eight 20.1 must be real estate appraisers of whom not less than two members 20.2 shall be registered real property appraisers, licensed real 20.3 property appraisers, or certified residential real property 20.4 appraisers and not less than two members shall be certified 20.5 general real property appraisers. The board is governed by 20.6 section 15.0575. 20.7 Sec. 17. Minnesota Statutes 2000, section 115A.12, is 20.8 amended to read: 20.9 115A.12 [ADVISORY COUNCILS.] 20.10 (a) The director shall establish a solid waste management 20.11 advisory council and a prevention, reduction, and recycling 20.12 advisory council that are broadly representative of the 20.13 geographic areas and interests of the state. 20.14 (b) The solid waste council shall have not less than nine 20.15 nor more than 21 members. The membership of the solid waste 20.16 council shall consist of one-third citizen representatives, 20.17 one-third representatives from local government units, and 20.18 one-third representatives from private solid waste management 20.19 firms. The solid waste council shall contain at least three 20.20 members experienced in the private recycling industry and at 20.21 least one member experienced in each of the following areas: 20.22 state and municipal finance; solid waste collection, processing, 20.23 and disposal; and solid waste reduction and resource recovery. 20.24 (c) The prevention, reduction, and recycling advisory 20.25 council shall have not less than nine nor more than 24 members. 20.26 The membership shall consist of one-third citizen 20.27 representatives, one-third representatives of government, and 20.28 one-third representatives of business and industry. The 20.29 director may appoint nonvoting members from other environmental 20.30 and business assistance providers in the state. 20.31 (d) The chairs of the advisory councils shall be appointed 20.32 by the director. The director shall provide administrative and 20.33 staff services for the advisory councils. The advisory councils 20.34 shall have such duties as are assigned by law or the director. 20.35 The solid waste advisory council shall make recommendations to 20.36 the office on its solid waste management activities. The 21.1 prevention, reduction, and recycling advisory council shall make 21.2 recommendations to the office on policy, programs, and 21.3 legislation in pollution prevention, waste reduction, reuse and 21.4 recycling, resource conservation, and the management of 21.5 hazardous waste. Members of the advisory councils shall serve 21.6 without compensation but shall be reimbursed for their 21.7 reasonable expenses as determined by the 21.8 director. Notwithstanding section 15.059, subdivision 5, the 21.9 solid waste management advisory council and the prevention, 21.10 reduction, and recycling advisory council expire June 30, 200121.11 2003. 21.12 Sec. 18. Minnesota Statutes 2000, section 116P.06, 21.13 subdivision 1, is amended to read: 21.14 Subdivision 1. [MEMBERSHIP.] (a) An advisory committee of 21.15 11 citizen members shall be appointed by the governor to advise 21.16 the legislative commission on Minnesota resources on project 21.17 proposals to receive funding from the trust fund and the 21.18 development of budget and strategic plans. The governor shall 21.19 appoint at least one member from each congressional district. 21.20 The governormembers shall appointelect the chair. 21.21 (b) The governor's appointees must be confirmed with the 21.22 advice and consent of the senate. The membership terms, 21.23 compensation, removal, and filling of vacancies for citizen 21.24 members of the advisory committee are governed by section 21.25 15.0575. Notwithstanding section 15.059, subdivision 5, or 21.26 other law to the contrary, the advisory committee does not 21.27 expire. 21.28 Sec. 19. Minnesota Statutes 2000, section 122A.624, 21.29 subdivision 2, is amended to read: 21.30 Subd. 2. [ ADVISORY TASK FORCE;PROGRAM IMPLEMENTATION.] 21.31 The commissioner of children, families, and learning shall 21.32 develop and maintain a program of educational effectiveness and 21.33 results-oriented education. The commissioner may appoint an21.34 advisory task force to assist the department of children,21.35 families, and learning in developing an implementation program21.36 for providing staff development to school district staff in22.1 educational effectiveness.The program shall be based on 22.2 established principles of instructional design and the essential 22.3 elements of effective instruction as determined by educational 22.4 research. The program shall take into account the diverse needs 22.5 of the school districts due to such factors as district size and 22.6 location. 22.7 Sec. 20. Minnesota Statutes 2000, section 144.1481, 22.8 subdivision 1, is amended to read: 22.9 Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] The 22.10 commissioner of health shall establish a 15-member rural health 22.11 advisory committee. The committee shall consist of the 22.12 following members, all of whom must reside outside the 22.13 seven-county metropolitan area, as defined in section 473.121, 22.14 subdivision 2: 22.15 (1) two members from the house of representatives of the 22.16 state of Minnesota, one from the majority party and one from the 22.17 minority party; 22.18 (2) two members from the senate of the state of Minnesota, 22.19 one from the majority party and one from the minority party; 22.20 (3) a volunteer member of an ambulance service based 22.21 outside the seven-county metropolitan area; 22.22 (4) a representative of a hospital located outside the 22.23 seven-county metropolitan area; 22.24 (5) a representative of a nursing home located outside the 22.25 seven-county metropolitan area; 22.26 (6) a medical doctor or doctor of osteopathy licensed under 22.27 chapter 147; 22.28 (7) a midlevel practitioner; 22.29 (8) a registered nurse or licensed practical nurse; 22.30 (9) a licensed health care professional from an occupation 22.31 not otherwise represented on the committee; 22.32 (10) a representative of an institution of higher education 22.33 located outside the seven-county metropolitan area that provides 22.34 training for rural health care providers; and 22.35 (11) three consumers, at least one of whom must be an 22.36 advocate for persons who are mentally ill or developmentally 23.1 disabled. 23.2 The commissioner will make recommendations for committee 23.3 membership. Committee members will be appointed by the 23.4 governor. In making appointments, the governor shall ensure 23.5 that appointments provide geographic balance among those areas 23.6 of the state outside the seven-county metropolitan area. The 23.7 chair of the committee shall be elected by the members. The 23.8 terms, compensation, and removal of members areadvisory 23.9 committee is governed by section 15.059, except that 23.10 the existence of the committee does not terminate andmembers do 23.11 not receive per diem compensation. 23.12 Sec. 21. Minnesota Statutes 2000, section 144.672, 23.13 subdivision 1, is amended to read: 23.14 Subdivision 1. [RULE AUTHORITY.] The commissioner of 23.15 health shall collect cancer incidence information, analyze the 23.16 information, and conduct special studies designed to determine 23.17 the potential public health significance of an increase in 23.18 cancer incidence. 23.19 The commissioner shall adopt rules to administer the 23.20 system, collect information, and distribute data. The rules 23.21 must include, but not be limited to, the following: 23.22 (1) the type of data to be reported; 23.23 (2) standards for reporting specific types of data; 23.24 (3) payments allowed to hospitals, pathologists, and 23.25 registry systems to defray their costs in providing information 23.26 to the system; 23.27 (4) criteria relating to contracts made with outside 23.28 entities to conduct studies using data collected by the system. 23.29 The criteria may include requirements for a written protocol 23.30 outlining the purpose and public benefit of the study, the 23.31 description, methods, and projected results of the study, peer 23.32 review by other scientists, the methods and facilities to 23.33 protect the privacy of the data, and the qualifications of the 23.34 researcher proposing to undertake the study; and 23.35 (5) specification of fees to be charged under section 23.36 13.03, subdivision 3, for all out-of-pocket expenses for data 24.1 summaries or specific analyses of data requested by public and 24.2 private agencies, organizations, and individuals, and which are 24.3 not otherwise included in the commissioner's annual summary 24.4 reports. Fees collected are appropriated to the commissioner to 24.5 offset the cost of providing the data ; and24.6 (6) establishment of a committee to assist the commissioner24.7 in the review of system activities. The committee is governed24.8 by section 15.059, except it expires June 30, 2001. 24.9 Sec. 22. Minnesota Statutes 2000, section 144A.073, 24.10 subdivision 2, is amended to read: 24.11 Subd. 2. [REQUEST FOR PROPOSALS.] At the authorization by 24.12 the legislature of additional medical assistance expenditures 24.13 for exceptions to the moratorium on nursing homes, the 24.14 interagency committeecommissioner shall publish in the State 24.15 Register a request for proposals for nursing home projects to be 24.16 licensed or certified under section 144A.071, subdivision 4a, 24.17 clause (c). The public notice of this funding and the request 24.18 for proposals must specify how the approval criteria will be 24.19 prioritized by the advisory review panel, the interagency24.20 long-term care planning committee, and thecommissioner. The 24.21 notice must describe the information that must accompany a 24.22 request and state that proposals must be submitted to the 24.23 interagency committeecommissioner within 90 days of the date of 24.24 publication. The notice must include the amount of the 24.25 legislative appropriation available for the additional costs to 24.26 the medical assistance program of projects approved under this 24.27 section. If no money is appropriated for a year, the 24.28 interagency committeecommissioner shall publish a notice to 24.29 that effect, and no proposals shall be requested. If money is 24.30 appropriated, the interagency committeecommissioner shall 24.31 initiate the application and review process described in this 24.32 section at least twice each biennium and up to four times each 24.33 biennium, according to dates established by rule. Authorized 24.34 funds shall be allocated proportionally to the number of 24.35 processes. Funds not encumbered by an earlier process within a 24.36 biennium shall carry forward to subsequent iterations of the 25.1 process. Authorization for expenditures does not carry forward 25.2 into the following biennium. To be considered for approval, a 25.3 proposal must include the following information: 25.4 (1) whether the request is for renovation, replacement, 25.5 upgrading, conversion, or relocation; 25.6 (2) a description of the problem the project is designed to 25.7 address; 25.8 (3) a description of the proposed project; 25.9 (4) an analysis of projected costs of the nursing facility 25.10 proposal, which are not required to exceed the cost threshold 25.11 referred to in section 144A.071, subdivision 1, to be considered 25.12 under this section, including initial construction and 25.13 remodeling costs; site preparation costs; financing costs, 25.14 including the current estimated long-term financing costs of the 25.15 proposal, which consists of estimates of the amount and sources 25.16 of money, reserves if required under the proposed funding 25.17 mechanism, annual payments schedule, interest rates, length of 25.18 term, closing costs and fees, insurance costs, and any completed 25.19 marketing study or underwriting review; and estimated operating 25.20 costs during the first two years after completion of the 25.21 project; 25.22 (5) for proposals involving replacement of all or part of a 25.23 facility, the proposed location of the replacement facility and 25.24 an estimate of the cost of addressing the problem through 25.25 renovation; 25.26 (6) for proposals involving renovation, an estimate of the 25.27 cost of addressing the problem through replacement; 25.28 (7) the proposed timetable for commencing construction and 25.29 completing the project; 25.30 (8) a statement of any licensure or certification issues, 25.31 such as certification survey deficiencies; 25.32 (9) the proposed relocation plan for current residents if 25.33 beds are to be closed so that the department of human services 25.34 can estimate the total costs of a proposal; and 25.35 (10) other information required by permanent rule of the 25.36 commissioner of health in accordance with subdivisions 4 and 8. 26.1 Sec. 23. Minnesota Statutes 2000, section 144A.073, 26.2 subdivision 3, is amended to read: 26.3 Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the 26.4 limits of money specifically appropriated to the medical 26.5 assistance program for this purpose, the interagency long-term26.6 care planning committee may recommend thatthe commissioner of 26.7 health may grant exceptions to the nursing home licensure or 26.8 certification moratorium for proposals that satisfy the 26.9 requirements of this section. The interagency committee shall26.10 appoint an advisory review panel composed of representatives of26.11 consumers and providers to review proposals and provide comments26.12 and recommendations to the committee. The commissioners of26.13 human services and health shall provide staff and technical26.14 assistance to the committee for the review and analysis of26.15 proposals. The interagency committee shall hold a public26.16 hearing before submitting recommendations to the commissioner of26.17 health on project requests. The committee shall submit26.18 recommendations within 150 days of the date of the publication26.19 of the notice.The commissioner of health shall approve or 26.20 disapprove a project within 30 days after receiving the26.21 committee's recommendations. The advisory review panel, the26.22 committee, and thecommissioner of health shall base their26.23 recommendations,approvals ,or disapprovals on a comparison and 26.24 ranking of proposals using only the criteria in subdivision 4 26.25 and in rules adopted by the commissioner. The cost to the 26.26 medical assistance program of the proposals approved must be 26.27 within the limits of the appropriations specifically made for 26.28 this purpose. Approval of a proposal expires 18 months after 26.29 approval by the commissioner of health unless the facility has 26.30 commenced construction as defined in section 144A.071, 26.31 subdivision 1a, paragraph (d). The committee's report to the26.32 legislature, as required under section 144A.31, must include the26.33 projects approved, the criteria used to recommend proposals for26.34 approval, and the estimated costs of the projects, including the26.35 costs of initial construction and remodeling, and the estimated26.36 operating costs during the first two years after the project is27.1 completed.27.2 Sec. 24. Minnesota Statutes 2000, section 144A.073, 27.3 subdivision 3c, is amended to read: 27.4 Subd. 3c. [COST NEUTRAL RELOCATION PROJECTS.] (a) 27.5 Notwithstanding subdivision 3, the interagency committee27.6 commissioner may at any time accept proposals, or amendments to 27.7 proposals previously approved under this section, for 27.8 relocations that are cost neutral with respect to state costs as 27.9 defined in section 144A.071, subdivision 5a. The committee27.10 commissioner, in consultation with the commissioner of human 27.11 services, shall review these applications and make27.12 recommendations to the commissioner within 90 days. The27.13 committee mustevaluate proposals according to subdivision 4, 27.14 clauses (1), (2), and (3), and other criteria established in 27.15 rule. The commissioner shall approve or disapprove a project 27.16 within 3090 days of receiving the committee's recommendation. 27.17 Proposals and amendments approved under this subdivision are not 27.18 subject to the six-mile limit in subdivision 5, paragraph (e). 27.19 (b) For the purposes of paragraph (a), cost neutrality 27.20 shall be measured over the first three 12-month periods of 27.21 operation after completion of the project. 27.22 Sec. 25. Minnesota Statutes 2000, section 145A.10, 27.23 subdivision 10, is amended to read: 27.24 Subd. 10. [STATE AND LOCAL ADVISORY COMMITTEES.] (a) A 27.25 state community health advisory committee is established to 27.26 advise, consult with, and make recommendations to the 27.27 commissioner on the development, maintenance, funding, and 27.28 evaluation of community health services. Section 15.059,27.29 subdivision 5, applies to this committee.Each community health 27.30 board may appoint a member to serve on the committee. The 27.31 committee must meet at least quarterly, and special meetings may 27.32 be called by the committee chair or a majority of the members. 27.33 Members or their alternates may receive a per diem and must be 27.34 reimbursed for travel and other necessary expenses while engaged 27.35 in their official duties. 27.36 (b) The city councils or county boards that have 28.1 established or are members of a community health board must 28.2 appoint a community health advisory committee to advise, consult 28.3 with, and make recommendations to the community health board on 28.4 matters relating to the development, maintenance, funding, and 28.5 evaluation of community health services. The committee must 28.6 consist of at least five members and must be generally 28.7 representative of the population and health care providers of 28.8 the community health service area. The committee must meet at 28.9 least three times a year and at the call of the chair or a 28.10 majority of the members. Members may receive a per diem and 28.11 reimbursement for travel and other necessary expenses while 28.12 engaged in their official duties. 28.13 (c) State and local advisory committees must adopt bylaws 28.14 or operating procedures that specify the length of terms of 28.15 membership, procedures for assuring that no more than half of 28.16 these terms expire during the same year, and other matters 28.17 relating to the conduct of committee business. Bylaws or 28.18 operating procedures may allow one alternate to be appointed for 28.19 each member of a state or local advisory committee. Alternates 28.20 may be given full or partial powers and duties of members. 28.21 Sec. 26. Minnesota Statutes 2000, section 148C.11, 28.22 subdivision 3, is amended to read: 28.23 Subd. 3. [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 28.24 (a) Alcohol and drug counselors licensed to practice alcohol and 28.25 drug counseling according to standards established by federally 28.26 recognized tribes, while practicing under tribal jurisdiction, 28.27 are exempt from the requirements of this chapter. In practicing 28.28 alcohol and drug counseling under tribal jurisdiction, 28.29 individuals licensed under that authority shall be afforded the 28.30 same rights, responsibilities, and recognition as persons 28.31 licensed pursuant to this chapter. 28.32 (b) The commissioner shall develop special licensing 28.33 criteria for issuance of a license to alcohol and drug 28.34 counselors who: (1) practice alcohol and drug counseling with a 28.35 member of an ethnic minority population or with a person with a 28.36 disability as defined by rule; or (2) are employed by agencies 29.1 whose primary agency service focus addresses ethnic minority 29.2 populations or persons with a disability as defined by rule. 29.3 These licensing criteria may differ from the licensing criteria 29.4 specified in section 148C.04. To develop, implement, and 29.5 evaluate the effect of these criteria, the commissioner shall 29.6 establish a committee comprised of, but not limited to, 29.7 representatives from the Minnesota commission serving deaf and 29.8 hard-of-hearing people, the council on affairs of Chicano/Latino 29.9 people, the council on Asian-Pacific Minnesotans, the council on 29.10 Black Minnesotans, the council on disability, and the Indian 29.11 affairs council. The committee does not expire. 29.12 Sec. 27. Minnesota Statutes 2000, section 161.1419, 29.13 subdivision 2, is amended to read: 29.14 Subd. 2. [MEMBERS.] (a) The commission shall be composed 29.15 of ten15 members of which: 29.16 (1) one shall be appointed by the commissioner of 29.17 transportation ,; 29.18 (2) one shall be appointed by the commissioner of natural 29.19 resources ,; 29.20 (3) one shall be appointed by the commissioner of trade and 29.21 economic development ,; 29.22 (4) one shall be appointed by the commissioner of 29.23 agriculture ,; 29.24 (5) one shall be appointed by the director of the Minnesota 29.25 historical society ,; 29.26 (6) two shall be members of the senate to be appointed by 29.27 the committee on committees , and; 29.28 (7) two shall be members of the house of representatives to 29.29 be appointed by the speaker . The tenth member; 29.30 (8) one shall be the secretary appointed pursuant to 29.31 subdivision 3 .; and 29.32 (9) five shall be citizen members appointed by five citizen 29.33 committees established by the members appointed under clauses 29.34 (1) to (8), with each citizen committee established within and 29.35 representing each of the following geographic segments along the 29.36 Mississippi river: 30.1 (i) Lake Itasca to, but not including, the city of Grand 30.2 Rapids; 30.3 (ii) Grand Rapids to, but not including, the city of 30.4 Brainerd; 30.5 (iii) Brainerd to, but not including, the city of Elk 30.6 River; 30.7 (iv) Elk River to, but not including, the city of Hastings; 30.8 and 30.9 (v) Hastings to the Iowa border. 30.10 Each citizen committee member shall be a resident of the 30.11 geographic segment that the committee and member represents. 30.12 (b) The members of the commission shall be selected30.13 immediately after May 27, 1963, and shallserve for a term 30.14 expiring at the close of the nexteach regular session of the 30.15 legislature and until their successors are appointed. Successor 30.16 members shall be appointed at the close of each regular session30.17 of the legislatureby the same appointing authorities. Members 30.18 may be reappointed. Any vacancy shall be filled by the 30.19 appointing authority. The commissioner of transportation, the 30.20 commissioner of natural resources, and the director of the 30.21 Minnesota historical society shall be ex officio members, and 30.22 shall be in addition to the ten15 members heretofore provided 30.23 for. Immediately upon making the appointments to the commission 30.24 the appointing authorities shall so notify the Mississippi river 30.25 parkway commission, hereinafter called the national commission, 30.26 giving the names and addresses of the members so appointed. 30.27 Sec. 28. Minnesota Statutes 2000, section 161.1419, 30.28 subdivision 8, is amended to read: 30.29 Subd. 8. [EXPIRATION.] The commission shall expire on June 30.30 30, 20012003. 30.31 Sec. 29. Minnesota Statutes 2000, section 161.17, 30.32 subdivision 2, is amended to read: 30.33 Subd. 2. [INTERSTATE SYSTEM.] (a) It is hereby declared 30.34 that construction of the interstate system of highways will 30.35 vitally affect the future development of the cities through 30.36 which these routes pass and such municipalities should have an 31.1 important role in the development of this highway system; that 31.2 on the other hand the future planning and programming of 31.3 construction projects over a period of years is necessary to 31.4 take maximum advantage of federal aid and to build a unified and 31.5 coordinated interstate system; that excessive delay in local 31.6 approval of plans for construction of one segment may seriously 31.7 impede completion of the entire system and adversely affect 31.8 other municipalities along the interstate routes; that the 31.9 mutual exchange of information and close cooperation between the 31.10 department and local governing bodies should be encouraged by 31.11 improved administrative processes for securing orderly review of 31.12 plans and the resolution of differences over interstate routes 31.13 and projects; and that the provisions of sections 161.171 to 31.14 161.177 for local approval of trunk highway plans must be 31.15 modified for the interstate highway system in the light of these 31.16 various considerations. Before proceeding with the preparation 31.17 of the final plans for the construction, reconstruction, or 31.18 improvement of any route on the interstate system lying within 31.19 any city, the commissioner shall submit to its governing body 31.20 preliminary plans covering the route location. The preliminary 31.21 plans shall be submitted as part of a report containing such 31.22 supporting data that the commissioner deems helpful to the 31.23 governing body in appraising the plans submitted. 31.24 (b) Any public hearing on location of an interstate route 31.25 held in compliance with federal requirements shall be held at 31.26 least one month after submission to the governing body of the 31.27 report provided for in this subdivision. After the public 31.28 hearing and on preparing final plans, the commissioner shall 31.29 submit the final plans to the governing body for approval. If 31.30 the governing body does not approve the final plans within three 31.31 months after submitted, the commissioner may refer the plans to 31.32 (1) the Twin Cities Metropolitan Area Planning Commission31.33 metropolitan council, if the project is within the area of its 31.34 jurisdiction, or (2) the municipal advisory committee on 31.35 state-aid rules established under section 162.09, subdivision 2, 31.36 if the project is elsewhere in the state. If a member of the 32.1 advisory committee is from the municipality concerned that 32.2 member shall be excused. If the plans are so referred, 32.3 the commissioncouncil or committee shall give the commissioner 32.4 and the governing body ample opportunity to present the case for 32.5 or against approval of the plans so referred. Not later than 32.6 three months after such hearings and independent study as it 32.7 deems desirable, it shall approve or disapprove such plans, 32.8 making such additional recommendations consistent with state and 32.9 federal requirements as it deems appropriate, and it shall 32.10 submit a written report containing its findings and 32.11 recommendations to the commissioner and the governing body. The 32.12 commissioner shall not proceed with the proposed construction, 32.13 reconstruction, or improvement except in accordance with plans 32.14 approved by the governing body or, if referred to the commission32.15 council or committee, until after the commissioncouncil or 32.16 committee has made its report, and then only after the governing 32.17 body has had an additional 90 days within which to consider the 32.18 plans originally submitted or such modified plans as may be 32.19 submitted to it by the commissioner following the report of the 32.20 commissioncouncil or committee. If within such 90-day period, 32.21 the governing body does not approve the plans submitted to it, 32.22 and if the commissioner then wishes to proceed with the project 32.23 according to plans differing substantially from the plans 32.24 recommended by the commissioncouncil or committee in its 32.25 report, the commissioner shall, before proceeding with the 32.26 project, file a written report with the commissioncouncil or 32.27 committee and the governing body stating fully the reasons for 32.28 doing so. Whenever plans are referred to the Twin Cities32.29 Metropolitan Area Planning Commissionmetropolitan council, 32.30 the commissioncouncil shall be reimbursed from the trunk 32.31 highway fund for actual and necessary expenses incurred by 32.32 the commissioncouncil in staff work incident to consideration 32.33 of plans and action thereon by the commissioncouncil. Whenever 32.34 plans are referred to the advisory committee on rules, members 32.35 of the committee shall be paid their necessary expenses to the 32.36 same extent and in the same manner as for its duties in 33.1 considering the commissioner's rules. 33.2 Sec. 30. Minnesota Statutes 2000, section 174.55, 33.3 subdivision 1, is amended to read: 33.4 Subdivision 1. [CREATION AND PURPOSE.] AThe major 33.5 transportation projects commission is created toshall review 33.6 and comment on proposed major transportation projects in which 33.7 the department of transportation is involved. The commission 33.8 does not expire. 33.9 Sec. 31. Minnesota Statutes 2000, section 175.007, 33.10 subdivision 1, is amended to read: 33.11 Subdivision 1. [CREATION; COMPOSITION.] (a) There is 33.12 created a permanent council on workers' compensation consisting 33.13 of 12 voting members as follows: the presidents of the largest 33.14 statewide Minnesota business and organized labor organizations 33.15 as measured by the number of employees of its business members 33.16 and in its affiliated labor organizations in Minnesota on July 33.17 1, 1992, and every five years thereafter; five additional 33.18 members representing business, and five additional members 33.19 representing organized labor. The commissioner of labor and 33.20 industry shall serve as chair of the council and shall be a 33.21 nonvoting member. Notwithstanding section 15.059, this council 33.22 does not expire unless the council no longer fulfills the 33.23 purpose for which the council was established, the council has 33.24 not met in the last 18 months, or the council does not comply 33.25 with the registration requirements of section 15.0599, 33.26 subdivision 3. 33.27 (b) The governor, the majority leader of the senate, the 33.28 speaker of the house of representatives, the minority leader of 33.29 the senate, and the minority leader of the house of 33.30 representatives shall each select a business and a labor 33.31 representative. At least four of the labor representatives 33.32 shall be chosen from the affiliated membership of the Minnesota 33.33 AFL-CIO. At least two of the business representatives shall be 33.34 representatives of small employers as defined in section 177.24, 33.35 subdivision 1, paragraph (a), clause (2). None of the council 33.36 members shall represent attorneys, health care providers, 34.1 qualified rehabilitation consultants, or insurance companies. 34.2 If the appointing officials cannot agree on a method of 34.3 appointing the required number of Minnesota AFL-CIO and small 34.4 business representatives by the second Monday in June of the 34.5 year in which appointments are made, they shall notify the 34.6 secretary of state. The distribution of appointments shall then 34.7 be determined publicly by lot by the secretary of state or a 34.8 designee in the presence of the appointing officials or their 34.9 designees on the third Monday in June. 34.10 (c) Each council member shall appoint an alternate. 34.11 Alternates shall serve in the absence of the member they replace. 34.12 (d) The ten appointed voting members shall serve for terms 34.13 of five years and may be reappointed. 34.14 (e) The council shall designate liaisons to the council 34.15 representing workers' compensation insurers; medical, hospital, 34.16 and rehabilitation providers; and the legal profession. The 34.17 speaker and minority leader of the house of representatives 34.18 shall each appoint a caucus member as a liaison to the council. 34.19 The majority and minority leaders of the senate shall each 34.20 appoint a caucus member to serve as a liaison to the council. 34.21 (f) The compensation and removal of members shall be as 34.22 provided in section 15.059. 34.23 Sec. 32. Minnesota Statutes 2000, section 175.008, is 34.24 amended to read: 34.25 175.008 [CODE ENFORCEMENT ADVISORY COUNCIL; CREATION.] 34.26 The commissioner shall appoint an 11 member advisory 34.27 council on code enforcement. The terms, compensation, removal 34.28 of council members, and expiration of the council are governed 34.29 by section 15.059, except that the advisory council shall not 34.30 expire before June 30, 20012003. The council shall advise the 34.31 commissioner on matters within the council's expertise or under 34.32 the regulation of the commissioner. 34.33 Sec. 33. Minnesota Statutes 2000, section 176.102, 34.34 subdivision 3, is amended to read: 34.35 Subd. 3. [REVIEW PANEL.] There is created a rehabilitation 34.36 review panel composed of the commissioner or a designee, who 35.1 shall serve as an ex officio member and two members each from 35.2 employers, insurers, rehabilitation, and medicine, one member 35.3 representing chiropractors, and four members representing 35.4 labor. The members shall be appointed by the commissioner and 35.5 shall serve four-year terms which may be renewed. Terms, 35.6 compensation, and removal for members shall be governed by 35.7 section 15.0575. Notwithstanding section 15.059, this panel 35.8 does not expire unless the panel no longer fulfills the purpose 35.9 for which the panel was established, the panel has not met in 35.10 the last 18 months, or the panel does not comply with the 35.11 registration requirements of section 15.0599, subdivision 3. 35.12 The panel shall select a chair. The panel shall review and make 35.13 a determination with respect to appeals from orders of the 35.14 commissioner regarding certification approval of qualified 35.15 rehabilitation consultants and vendors. The hearings are de 35.16 novo and initiated by the panel under the contested case 35.17 procedures of chapter 14, and are appealable to the workers' 35.18 compensation court of appeals in the manner provided by section 35.19 176.421. 35.20 Sec. 34. Minnesota Statutes 2000, section 176.103, 35.21 subdivision 3, is amended to read: 35.22 Subd. 3. [MEDICAL SERVICES REVIEW BOARD; SELECTION; 35.23 POWERS.] (a) There is created a medical services review board 35.24 composed of the commissioner or the commissioner's designee as 35.25 an ex officio member, two persons representing chiropractic, one 35.26 person representing hospital administrators, one physical 35.27 therapist, and six physicians representing different specialties 35.28 which the commissioner determines are the most frequently 35.29 utilized by injured employees. The board shall also have one 35.30 person representing employees, one person representing employers 35.31 or insurers, and one person representing the general public. 35.32 The members shall be appointed by the commissioner and shall be 35.33 governed by section 15.0575. Terms of the board's members may 35.34 be renewed. The board may appoint from its members whatever 35.35 subcommittees it deems appropriate. Notwithstanding section 35.36 15.059, this board does not expire unless the board no longer 36.1 fulfills the purpose for which the board was established, the 36.2 board has not met in the last 18 months, or the board does not 36.3 comply with the registration requirements of section 15.0599, 36.4 subdivision 3. 36.5 The commissioner may appoint alternates for one-year terms 36.6 to serve as a member when a member is unavailable. The number 36.7 of alternates shall not exceed one chiropractor, one physical 36.8 therapist, one hospital administrator, three physicians, one 36.9 employee representative, one employer or insurer representative, 36.10 and one representative of the general public. 36.11 The board shall review clinical results for adequacy and 36.12 recommend to the commissioner scales for disabilities and 36.13 apportionment. 36.14 The board shall review and recommend to the commissioner 36.15 rates for individual clinical procedures and aggregate costs. 36.16 The board shall assist the commissioner in accomplishing public 36.17 education. 36.18 In evaluating the clinical consequences of the services 36.19 provided to an employee by a clinical health care provider, the 36.20 board shall consider the following factors in the priority 36.21 listed: 36.22 (1) the clinical effectiveness of the treatment; 36.23 (2) the clinical cost of the treatment; and 36.24 (3) the length of time of treatment. 36.25 The board shall advise the commissioner on the adoption of 36.26 rules regarding all aspects of medical care and services 36.27 provided to injured employees. 36.28 (b) The medical services review board may upon petition 36.29 from the commissioner and after hearing, issue a warning, a 36.30 penalty of $200 per violation, a restriction on providing 36.31 treatment that requires preauthorization by the board, 36.32 commissioner, or compensation judge for a plan of treatment, 36.33 disqualify, or suspend a provider from receiving payment for 36.34 services rendered under this chapter if a provider has violated 36.35 any part of this chapter or rule adopted under this chapter, or 36.36 where there has been a pattern of, or an egregious case of, 37.1 inappropriate, unnecessary, or excessive treatment by a provider. 37.2 The hearings are initiated by the commissioner under the 37.3 contested case procedures of chapter 14. The board shall make 37.4 the final decision following receipt of the recommendation of 37.5 the administrative law judge. The board's decision is 37.6 appealable to the workers' compensation court of appeals in the 37.7 manner provided by section 176.421. 37.8 (c) The board may adopt rules of procedure. The rules may 37.9 be joint rules with the rehabilitation review panel. 37.10 Sec. 35. Minnesota Statutes 2000, section 178.02, 37.11 subdivision 2, is amended to read: 37.12 Subd. 2. [TERMS.] The council shall expire and the terms, 37.13 compensation, and removal of appointed members shall be as 37.14 provided in section 15.059, except that the council shall not 37.15 expire before June 30, 20012003. 37.16 Sec. 36. Minnesota Statutes 2000, section 182.656, 37.17 subdivision 3, is amended to read: 37.18 Subd. 3. A majority of the council members constitutes a 37.19 quorum. The council shall meet at the call of its chair, or 37.20 upon request of any six members. A tape recording of the 37.21 meeting with the tape being retained for a one-year period will 37.22 be available upon the request and payment of costs to any 37.23 interested party. The council shall expire and the terms, 37.24 compensation, and removal of members shall be as provided in 37.25 section 15.059, except that the council shall not expire before 37.26 June 30, 20012003. 37.27 Sec. 37. Minnesota Statutes 2000, section 214.32, 37.28 subdivision 1, is amended to read: 37.29 Subdivision 1. [MANAGEMENT.] (a) A health professionals 37.30 services program committee is established, consisting of one 37.31 person appointed by each participating board, with each 37.32 participating board having one vote. The committee shall 37.33 designate one board to provide administrative management of the 37.34 program, set the program budget and the pro rata share of 37.35 program expenses to be borne by each participating board, 37.36 provide guidance on the general operation of the program, 38.1 including hiring of program personnel, and ensure that the 38.2 program's direction is in accord with its authority. If the 38.3 participating boards change which board is designated to provide 38.4 administrative management of the program, any appropriation 38.5 remaining for the program shall transfer to the newly designated 38.6 board on the effective date of the change. The participating 38.7 boards must inform the appropriate legislative committees and 38.8 the commissioner of finance of any change in the administrative 38.9 management of the program, and the amount of any appropriation 38.10 transferred under this provision. 38.11 (b) The designated board, upon recommendation of the health 38.12 professional services program committee, shall hire the program 38.13 manager and employees and pay expenses of the program from funds 38.14 appropriated for that purpose. The designated board may apply 38.15 for grants to pay program expenses and may enter into contracts 38.16 on behalf of the program to carry out the purposes of the 38.17 program. The participating boards shall enter into written 38.18 agreements with the designated board. 38.19 (c) An advisory committee is established to advise the 38.20 program committee consisting of: 38.21 (1) one member appointed by each of the following: the 38.22 Minnesota Academy of Physician Assistants, the Minnesota Dental 38.23 Association, the Minnesota Chiropractic Association, the 38.24 Minnesota Licensed Practical Nurse Association, the Minnesota 38.25 Medical Association, the Minnesota Nurses Association, and the 38.26 Minnesota Podiatric Medicine Association; 38.27 (2) one member appointed by each of the professional 38.28 associations of the other professions regulated by a 38.29 participating board not specified in clause (1); and 38.30 (3) two public members, as defined by section 214.02. 38.31 Members of the advisory committee shall be appointed for two 38.32 years and members may be reappointed. 38.33 The advisory committee expires June 30, 20012003. 38.34 Sec. 38. [245.699] [AMERICAN INDIAN MENTAL HEALTH ADVISORY 38.35 COUNCIL.] 38.36 The commissioner shall appoint an American Indian mental 39.1 health advisory council to help formulate policies and 39.2 procedures relating to Indian mental health services and 39.3 programs and to make recommendations regarding approval of 39.4 grants provided under section 245.713, subdivision 2. The 39.5 council consists of 15 members appointed by the commissioner and 39.6 must include representatives who are authorized by tribal 39.7 resolution from each of the 11 Minnesota reservations; one 39.8 representative from the Duluth urban Indian community; two from 39.9 the Minneapolis urban Indian community; and one from the St. 39.10 Paul urban Indian community. Representatives from the urban 39.11 Indian communities must be selected through an open appointments 39.12 process under section 15.059. The terms, compensation, and 39.13 removal of American Indian mental health advisory council 39.14 members are governed by section 15.059. 39.15 Sec. 39. Minnesota Statutes 2000, section 248.10, is 39.16 amended to read: 39.17 248.10 [REHABILITATION ADVISORYCOUNCIL FOR THE BLIND.] 39.18 The commissioner shall establish a rehabilitation advisory39.19 council for the blind consistent with the federal Rehabilitation 39.20 Act of 1973, Public Law Number 93-112, as amended. Advisory39.21 Council members shall be compensated as provided in section 39.22 15.059, subdivision 3. Members of the council for the blind39.23 appointed before July 1, 1993, shall serve on the advisory39.24 council until the end of their appointed terms.The advisory39.25 council shall advise the commissioner about programs of the 39.26 division of state services for the blind and visually disabled.39.27 The advisory council is limited to 15 members, a majority of39.28 whom must be blind or visually disabled. 39.29 Sec. 40. Minnesota Statutes 2000, section 254A.03, 39.30 subdivision 2, is amended to read: 39.31 Subd. 2. [AMERICAN INDIAN PROGRAMS.] There is hereby 39.32 created a section of American Indian programs, within the 39.33 alcohol and drug abuse section of the department of human 39.34 services, to be headed by a special assistant for American 39.35 Indian programs on alcoholism and drug abuse and an assistant39.36 two assistants to that position. The section shall be staffed 40.1 with all personnel necessary to fully administer programming for 40.2 alcohol and drug abuse for American Indians in the state. The 40.3 special assistant position shall be filled by a person with 40.4 considerable practical experience in and understanding of 40.5 alcohol and other drug abuse problems in the American Indian 40.6 community, who shall be responsible to the director of the 40.7 alcohol and drug abuse section created in subdivision 1 and 40.8 shall be in the unclassified service. The special assistant 40.9 shall meet and consult with the American Indian advisory council 40.10 as described in section 254A.035 and serve as a liaison to the 40.11 Minnesota Indian affairs council and tribes to report on the 40.12 status of alcohol and other drug abuse among American Indians in 40.13 the state of Minnesota. The special assistant with the approval 40.14 of the director shall: 40.15 (a) Administer funds appropriated for American Indian 40.16 groups, organizations and reservations within the state for 40.17 American Indian alcoholism and drug abuse programs. 40.18 (b) Establish policies and procedures for such American 40.19 Indian programs with the assistance of the American Indian 40.20 advisory board. 40.21 (c) Hire and supervise staff to assist in the 40.22 administration of the American Indian program section within the 40.23 alcohol and drug abuse section of the department of human 40.24 services. 40.25 Sec. 41. Minnesota Statutes 2000, section 256.482, 40.26 subdivision 8, is amended to read: 40.27 Subd. 8. [SUNSET.] Notwithstanding section 15.059, 40.28 subdivision 5, the council on disability shall not sunset until 40.29 June 30, 20012003. 40.30 Sec. 42. Minnesota Statutes 2000, section 256B.0917, 40.31 subdivision 1, is amended to read: 40.32 Subdivision 1. [PURPOSE, MISSION, GOALS, AND OBJECTIVES.] 40.33 (a) The purpose of implementing seniors' agenda for independent 40.34 living (SAIL) projects under this section is to demonstrate a 40.35 new cooperative strategy for the long-term care system in the 40.36 state of Minnesota. 41.1 The projects are part of the initial plan for a 20-year 41.2 strategy. The mission of the 20-year strategy is to create a 41.3 new community-based care paradigm for long-term care in 41.4 Minnesota in order to maximize independence of the older adult 41.5 population, and to ensure cost-effective use of financial and 41.6 human resources. The goals for the 20-year strategy are to: 41.7 (1) achieve a broad awareness and use of low-cost home care 41.8 and other residential alternatives to nursing homes; 41.9 (2) develop a statewide system of information and 41.10 assistance to enable easy access to long-term care services; 41.11 (3) develop sufficient alternatives to nursing homes to 41.12 serve the increased number of people needing long-term care; 41.13 (4) maintain the moratorium on new construction of nursing 41.14 home beds and to lower the percentage of elderly persons served 41.15 in institutional settings; and 41.16 (5) build a community-based approach and community 41.17 commitment to delivering long-term care services for elderly 41.18 persons in their homes. 41.19 (b) The objective for the fiscal years 1994 and 1995 41.20 biennial plan is to continue at least four but not more than six 41.21 projects in anticipation of a statewide program. These projects 41.22 will continue the process of implementing: 41.23 (1) a coordinated planning and administrative process; 41.24 (2) a refocused function of the preadmission screening 41.25 program; 41.26 (3) the development of additional home, community, and 41.27 residential alternatives to nursing homes; 41.28 (4) a program to support the informal caregivers for 41.29 elderly persons; 41.30 (5) programs to strengthen the use of volunteers; and 41.31 (6) programs to support the building of community 41.32 commitment to provide long-term care for elderly persons. 41.33 This is done in conjunction with an expanded role of the41.34 interagency long-term care planning committee as described in41.35 section 144A.31.The services offered through these projects 41.36 will beare available to those who have their own funds to pay 42.1 for services, as well as to persons who are eligible for medical 42.2 assistance and to persons who are 180-day eligible clients to 42.3 the extent authorized in this section. 42.4 Sec. 43. Minnesota Statutes 2000, section 256B.0917, 42.5 subdivision 2, is amended to read: 42.6 Subd. 2. [DESIGN OF SAIL PROJECTS; LOCAL LONG-TERM CARE 42.7 COORDINATING TEAM.] (a) The commissioner of human services in42.8 conjunction with the interagency long-term care planning42.9 committee's long-range strategic planshall contract with SAIL 42.10 projects in four to six counties or groups of counties to 42.11 demonstrate the feasibility and cost-effectiveness of a local 42.12 long-term care strategy that is consistent with the state's 42.13 long-term care goals identified in subdivision 1. The 42.14 commissioner shall publish a notice in the State Register 42.15 announcing the availability of project funding and giving 42.16 instructions for making an application. The instructions for 42.17 the application shall identify the amount of funding available 42.18 for project components. 42.19 (b) To be selected for the project, a county board or 42.20 boards must establish a long-term care coordinating team 42.21 consisting of county social service agencies, public health 42.22 nursing service agencies, local boards of health, a 42.23 representative of local nursing home providers, a representative 42.24 of local home care providers, and the area agencies on aging in 42.25 a geographic area which is responsible for: 42.26 (1) developing a local long-term care strategy consistent 42.27 with state goals and objectives; 42.28 (2) submitting an application to be selected as a project; 42.29 (3) coordinating planning for funds to provide services to 42.30 elderly persons, including funds received under Title III of the 42.31 Older Americans Act, Community Social Services Act, Title XX of 42.32 the Social Security Act and the Local Public Health Act; and 42.33 (4) ensuring efficient services provision and 42.34 nonduplication of funding. 42.35 (c) The board or boards shall designate a public agency to 42.36 serve as the lead agency. The lead agency receives and manages 43.1 the project funds from the state and is responsible for the 43.2 implementation of the local strategy. If selected as a project, 43.3 the local long-term care coordinating team must semiannually 43.4 evaluate the progress of the local long-term care strategy in 43.5 meeting state measures of performance and results as established 43.6 in the contract. 43.7 (d) Each member of the local coordinating team must 43.8 indicate its endorsement of the local strategy. The local 43.9 long-term care coordinating team may include in its membership 43.10 other units of government which provide funding for services to 43.11 the frail elderly. The team must cooperate with consumers and 43.12 other public and private agencies, including nursing homes, in 43.13 the geographic area in order to develop and offer a variety of 43.14 cost-effective services to the elderly and their caregivers. 43.15 (e) The board or boards shall apply to be selected as a 43.16 project. If the project is selected, the commissioner of human 43.17 services shall contract with the lead agency for the project and 43.18 shall provide additional administrative funds for implementing 43.19 the provisions of the contract, within the appropriation 43.20 available for this purpose. 43.21 (f) Projects shall be selected according to the following 43.22 conditions. 43.23 No project may be selected unless it demonstrates that: 43.24 (i) the objectives of the local project will help to 43.25 achieve the state's long-term care goals as defined in 43.26 subdivision 1; 43.27 (ii) in the case of a project submitted jointly by several 43.28 counties, all of the participating counties are contiguous; 43.29 (iii) there is a designated local lead agency that is 43.30 empowered to make contracts with the state and local vendors on 43.31 behalf of all participants; 43.32 (iv) the project proposal demonstrates that the local 43.33 cooperating agencies have the ability to perform the project as 43.34 described and that the implementation of the project has a 43.35 reasonable chance of achieving its objectives; 43.36 (v) the project will serve an area that covers at least 44.1 four counties or contains at least 2,500 persons who are 85 44.2 years of age or older, according to the projections of the state 44.3 demographer or the census if the data is more recent; and 44.4 (vi) the local coordinating team documents efforts of 44.5 cooperation with consumers and other agencies and organizations, 44.6 both public and private, in planning for service delivery. 44.7 Sec. 44. Minnesota Statutes 2000, section 256B.093, 44.8 subdivision 1, is amended to read: 44.9 Subdivision 1. [STATE TRAUMATIC BRAIN INJURY PROGRAM.] The 44.10 commissioner of human services shall: 44.11 (1) maintain a statewide traumatic brain injury program; 44.12 (2) supervise and coordinate services and policies for 44.13 persons with traumatic brain injuries; 44.14 (3) contract with qualified agencies or employ staff to 44.15 provide statewide administrative case management and 44.16 consultation; 44.17 (4) maintain an advisory committee to provide 44.18 recommendations in reports to the commissioner regarding program 44.19 and service needs of persons with traumatic brain injuries . The44.20 advisory committee shall consist of no less than ten members and44.21 no more than 30 members. The commissioner shall appoint all44.22 advisory committee members to one- or two-year terms and appoint44.23 one member as chair; 44.24 (5) investigate the need for the development of rules or 44.25 statutes for the traumatic brain injury home and community-based 44.26 services waiver; and44.27 (6) investigate present and potential models of service 44.28 coordination which can be delivered at the local level; and 44.29 (7) the advisory committee required by clause (4) must 44.30 consist of no fewer than ten members and no more than 30 44.31 members. The commissioner shall appoint all advisory committee 44.32 members to one- or two-year terms and appoint one member as 44.33 chair. Notwithstanding section 15.059, subdivision 5, the 44.34 advisory committee does not terminate until June 30, 2005. 44.35 Sec. 45. Minnesota Statutes 2000, section 256B.69, 44.36 subdivision 5b, is amended to read: 45.1 Subd. 5b. [PROSPECTIVE REIMBURSEMENT RATES.] (a) For 45.2 prepaid medical assistance and general assistance medical care 45.3 program contract rates set by the commissioner under subdivision 45.4 5 and effective on or after January 1, 1998, capitation rates 45.5 for nonmetropolitan counties shall on a weighted average be no 45.6 less than 88 percent of the capitation rates for metropolitan 45.7 counties, excluding Hennepin county. The commissioner shall 45.8 make a pro rata adjustment in capitation rates paid to counties 45.9 other than nonmetropolitan counties in order to make this 45.10 provision budget neutral. 45.11 (b) For prepaid medical assistance program contract rates 45.12 set by the commissioner under subdivision 5 and effective on or 45.13 after January 1, 2001, capitation rates for nonmetropolitan 45.14 counties shall, on a weighted average, be no less than 89 45.15 percent of the capitation rates for metropolitan counties, 45.16 excluding Hennepin county. 45.17 (c) This subdivision shall not affect the nongeographically 45.18 based risk adjusted rates established under section 62Q.03, 45.19 subdivision 5a , paragraph (f). 45.20 Sec. 46. Minnesota Statutes 2000, section 256E.115, 45.21 subdivision 1, is amended to read: 45.22 Subdivision 1. [DEFINITIONS; COMMISSIONER DUTIES.] (a) The 45.23 following definitions apply to this section: 45.24 (1) "Targeted youth" means children who are ages 16 to 21 45.25 and who are in out-of-home placement, leaving out-of-home 45.26 placement, at risk of becoming homeless, or homeless. 45.27 (2) "Safe house" means a facility providing emergency 45.28 housing for homeless targeted youth with the goal of reuniting 45.29 the family if appropriate and possible. 45.30 (3) "Transitional housing" means congregate or cooperative 45.31 housing for targeted youth who are transitioning to independent 45.32 living. 45.33 (4) "Independent living assistance" means services provided 45.34 to assist targeted youth who are not living in a safe house or 45.35 transitional housing to make the transition to independent 45.36 living. 46.1 (b) The commissioner shall issue a request for proposals 46.2 from organizations that are knowledgeable about the needs of 46.3 targeted youth for the purpose of establishing a system of safe 46.4 houses, transitional housing, and independent living assistance 46.5 for such youth. The commissioner shall appoint a review46.6 committee of up to eight members to evaluate the proposals. The46.7 review panel must include representation from communities of46.8 color, youth, and other community providers and agency46.9 representatives who understand the needs and problems of46.10 targeted youth.The commissioner shall also assist in 46.11 coordinating funding from federal and state grant programs and 46.12 funding available from a variety of sources for efforts to 46.13 promote a continuum of services for targeted youth through a 46.14 consolidated grant application. The commissioner shall analyze 46.15 the needs of targeted youth and gaps in services throughout the 46.16 state and determine how to best serve those needs within the 46.17 available funding. 46.18 Sec. 47. Minnesota Statutes 2000, section 268.29, is 46.19 amended to read: 46.20 268.29 [JUVENILE JUSTICE PROGRAM.] 46.21 The governor shall designate the department of economic 46.22 security as the sole agency responsible for supervising the 46.23 preparation and administration of the state plan for juvenile 46.24 justice required by the Juvenile Justice and Delinquency 46.25 Prevention Act of 1974, as amended. 46.26 The governor shall designate the juvenile justice advisory 46.27 committee as the supervisory board for the department of 46.28 economic security with respect to preparation and administration 46.29 of the state plan and award of grants. 46.30 The governor shall appoint members to the juvenile justice 46.31 advisory committee in accordance with the membership 46.32 requirements of the Juvenile Justice and Delinquency Prevention 46.33 Act of 1974, as amended. Section 15.059, subdivision 3, governs 46.34 the compensation of the members. 46.35 Sec. 48. Minnesota Statutes 2000, section 268A.02, 46.36 subdivision 2, is amended to read: 47.1 Subd. 2. [REHABILITATION ADVISORYCOUNCIL.] The 47.2 commissioner shall establish a state rehabilitation advisory47.3 council and a statewide independent living council consistent 47.4 with the federal Rehabilitation Act of 1973, Public Law Number 47.5 93-112, as amended. Members of the advisory councilcouncils 47.6 shall be compensated as provided in section 15.059, subdivision 47.7 3. Members of the consumer advisory council appointed prior to47.8 July 1, 1993, shall serve on the rehabilitation advisory council47.9 until the end of their appointed terms.47.10 Sec. 49. Minnesota Statutes 2000, section 402.03, is 47.11 amended to read: 47.12 402.03 [ADVISORY COMMITTEE.] 47.13 Each human services board shall appoint an advisory 47.14 committee, which shall actively participate in the formulation 47.15 of the plan for the development, implementation and operation of 47.16 the programs and services by the board, and shall make a formal 47.17 recommendation to the board at least annually concerning the 47.18 annual budget of the board and the implementation of the plan 47.19 during the ensuing year. 47.20 Membership on the advisory committee shall consist of no 47.21 more than 25 persons serving two year terms not to exceed three 47.22 consecutive terms. Up to one-half of the terms of the initial 47.23 advisory committee may be for one year; upon their expiration 47.24 all terms shall be for two years. The chair shall be appointed 47.25 by the human services board and may not be a member of a county 47.26 board. 47.27 One-third of the members of the advisory committee shall be 47.28 representatives of those persons receiving services provided by 47.29 the human services board. Up to one-third may be providers or 47.30 employees of providers of services and must include 47.31 representatives of private providers if such providers exist in 47.32 the county or counties party to the agreement. At least one47.33 member shall be a member of the health advisory committee47.34 established pursuant to section 145A.10, subdivision 10, if any.47.35 At least one member shall be a member of the corrections 47.36 advisory board established pursuant to section 401.08, if any. 48.1 The remaining members shall represent the citizens of the 48.2 counties. 48.3 The advisory committee shall appoint permanent task forces 48.4 to assist in planning for corrections, social, mental health and 48.5 public health services. 48.6 Task force membership shall be constituted to fulfill state 48.7 agency requirements for receiving categorical funds. Where 48.8 appropriately constituted, these task forces may, at the option 48.9 of the human services boards, replace those advisory bodies 48.10 required by statute and rule to advise local social services 48.11 agencies and other county and area boards. Individuals not 48.12 members of the advisory committee may be appointed to the task 48.13 forces; provided, however, that each task force shall be chaired 48.14 by a member of the advisory committee. 48.15 The human services board shall provide staff assistance to 48.16 the advisory committee. 48.17 Sec. 50. [COUNCILS AND COMMITTEES; CONTINUATION.] 48.18 Notwithstanding Minnesota Statutes, section 15.059, the 48.19 following councils and committees do not expire unless federal 48.20 law no longer requires the existence of the council or committee: 48.21 (1) rehabilitation council for the blind, created in 48.22 Minnesota Statutes, section 248.10; 48.23 (2) juvenile justice advisory committee, created in 48.24 Minnesota Statutes, section 268.29; 48.25 (3) governor's workforce development council, created in 48.26 Minnesota Statutes, section 268.665; 48.27 (4) local workforce councils, created in Minnesota 48.28 Statutes, section 268.666, subdivision 2; 48.29 (5) rehabilitation council, created in Minnesota Statutes, 48.30 section 268A.02, subdivision 2; and 48.31 (6) statewide independent living council, created in 48.32 Minnesota Statutes, section 268A.02, subdivision 2. 48.33 Sec. 51. [TASK FORCE.] 48.34 The chair of the legislative commission on Minnesota 48.35 resources shall organize a task force consisting of the members 48.36 of the commission's executive committee and an equal number of 49.1 members of the citizen advisory committee created under 49.2 Minnesota Statutes, section 116P.06. The task force shall 49.3 explore options to better integrate the citizen advisory 49.4 committee in the process of making expenditures from the 49.5 environment and natural resources trust fund. The task force 49.6 shall make recommendations to the chair of the legislative 49.7 commission on Minnesota resources by January 15, 2002. 49.8 Sec. 52. [LEGISLATIVE REVIEW.] 49.9 Before the 2003 legislative session, legislative committees 49.10 must conduct hearings on advisory groups within their 49.11 jurisdiction. At the hearings, each advisory group must submit 49.12 a report, the date of its last meeting, and a list of 49.13 recommendations. The committees must make recommendations to 49.14 the legislature on which groups should continue in existence 49.15 after June 30, 2003. 49.16 Sec. 53. [REVISOR'S INSTRUCTION.] 49.17 The revisor shall delete "17.703" and insert "17.702" in 49.18 Minnesota Statutes, sections 17.696, 17.697, 17.70, 17.701, and 49.19 17.9442. 49.20 Sec. 54. [REPEALER.] 49.21 Minnesota Statutes 2000, sections 15.059, subdivision 5a, 49.22 as amended by Laws 2001, chapter 7, section 7; 17.49, 49.23 subdivision 1; 17.703; 17.76; 40A.14, subdivision 3; 52.061; 49.24 60K.19, subdivision 4; 93.002; 97A.055, subdivision 4a; 49.25 116C.711; 124D.894; 124D.95, subdivision 6; 134.31, subdivision 49.26 5; 137.342, subdivision 2; 144A.31; 162.09, subdivision 2; 49.27 256B.071, subdivision 5; 256B.0911, subdivision 8; 256B.434, 49.28 subdivision 13; 299A.295, subdivision 2; and 299K.03, 49.29 subdivision 4, are repealed. 49.30 Sec. 55. [EFFECTIVE DATE.] 49.31 Sections 1 to 9, 11 to 13, 15 to 17, 19, 21 to 24, 26, 29 49.32 to 36, 40, 42 to 46, 49, and 54 are effective June 30, 2001. 49.33 Sections 10, 14, 18, 20, 25, 38, 39, 47, 48, 50, and 51 are 49.34 effective the day following final enactment.