SF 1316

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; multimember agencies; 
  1.3             changing certain publication dates and requirements; 
  1.4             modifying registration requirements; changing the 
  1.5             expiration date for certain multimember agencies; 
  1.6             extending expiration dates for certain health-related 
  1.7             advisory councils; extending certain advisory 
  1.8             committees; exempting certain advisory councils and 
  1.9             committees from expiration; setting expiration dates 
  1.10            for certain advisory committees and commissions; 
  1.11            adding a member to the food safety advisory committee; 
  1.12            making technical changes; extending life of 
  1.13            Mississippi river parkway commission to June 30, 2001; 
  1.14            amending Minnesota Statutes 1996, sections 15.059, 
  1.15            subdivision 5, and by adding a subdivision; 15.0597, 
  1.16            subdivisions 2 and 3; 15.0599, subdivisions 1, 4, 5, 
  1.17            and by adding a subdivision; 17.136; 17.49, 
  1.18            subdivision 1; 18B.305, subdivision 3; 21.112, 
  1.19            subdivision 2; 28A.20, subdivision 2, and by adding a 
  1.20            subdivision; 31.95, subdivision 3a; 145.881, 
  1.21            subdivision 1; 148.622, subdivision 3; 161.1419, 
  1.22            subdivision 8; 214.32, subdivision 1; 245.697, 
  1.23            subdivision 1; 254A.035, subdivision 2; and 254A.04; 
  1.24            proposing coding for new law in Minnesota Statutes, 
  1.25            chapters 15; and 147A. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27                             ARTICLE 1
  1.28                        MULTIMEMBER AGENCIES
  1.29     Section 1.  Minnesota Statutes 1996, section 15.059, 
  1.30  subdivision 5, is amended to read: 
  1.31     Subd. 5.  [EXPIRATION DATE.] (a) Unless a different date is 
  1.32  specified by law, the existence of each advisory council and 
  1.33  committee created established before January 1, 1993 1997, and 
  1.34  governed by this section shall terminate on terminates June 30, 
  1.35  1993 1997.  An advisory council or committee whose expiration is 
  2.1   not governed by this section does not terminate June 30, 1993, 
  2.2   unless specified by other law.  An advisory council or committee 
  2.3   created established by law and in existence after June 30, 1993 
  2.4   1997, expires on the date specified in the law creating 
  2.5   establishing the group or on June 30, 1997 2001, whichever is 
  2.6   sooner.  This expiration provision subdivision applies whether 
  2.7   or not the law creating establishing the group provides that the 
  2.8   group is governed by this section. 
  2.9      (b) A multimember agency does not expire in accordance with 
  2.10  paragraph (a) if the agency: 
  2.11     (1) has rulemaking authority; 
  2.12     (2) is a licensing board; 
  2.13     (3) is an occupational licensure advisory group to a 
  2.14  licensing board or agency; 
  2.15     (4) administers and awards grants; or 
  2.16     (5) is required by federal law or regulation. 
  2.17  An agency covered by this paragraph expires June 30, 2001. 
  2.18     Sec. 2.  Minnesota Statutes 1996, section 15.0597, 
  2.19  subdivision 2, is amended to read: 
  2.20     Subd. 2.  [COLLECTION OF DATA.] The chair of an existing 
  2.21  agency or the chair's designee, or the appointing authority for 
  2.22  the members of a newly created agency, shall provide the 
  2.23  secretary, on forms prepared and distributed by the secretary, 
  2.24  with the following data pertaining to that agency: 
  2.25     (1) the name of the agency, its mailing address, and 
  2.26  telephone number; 
  2.27     (2) the legal authority for the creation of the agency and 
  2.28  the name of the person appointing agency members; 
  2.29     (3) the powers and duties of the agency; 
  2.30     (4) the number of authorized members, together with any 
  2.31  prescribed restrictions on eligibility such as employment 
  2.32  experience or geographical representation; 
  2.33     (5) the dates of commencement and expiration of the 
  2.34  membership terms and the expiration date of the agency, if any; 
  2.35     (6) the compensation of members, and appropriations or 
  2.36  other funds available to the agency; 
  3.1      (7) the regular meeting schedule, if any, and approximate 
  3.2   number of hours per month of meetings or other activities 
  3.3   required of members; 
  3.4      (8) the roster of current members, including mailing 
  3.5   addresses and telephone numbers; and 
  3.6      (9) a breakdown of the membership showing distribution by 
  3.7   county, legislative district, and congressional district, and, 
  3.8   only if the member has voluntarily supplied the information, the 
  3.9   sex, political party preference or lack thereof of party 
  3.10  preference, race, and national origin of the members. 
  3.11     The secretary may provide for the submission of data in 
  3.12  accordance with this subdivision by electronic means.  The 
  3.13  publication requirement under clause (8) may be met by 
  3.14  publishing a member's home or business address and telephone 
  3.15  number, the address and telephone number of the agency to which 
  3.16  the member is appointed, the member's electronic mail address, 
  3.17  if provided, or any other information that would enable the 
  3.18  public to communicate with the member. 
  3.19     Sec. 3.  Minnesota Statutes 1996, section 15.0597, 
  3.20  subdivision 3, is amended to read: 
  3.21     Subd. 3.  [PUBLICATION OF AGENCY DATA.] The secretary of 
  3.22  state shall provide for annual updating of the required data and 
  3.23  shall annually arrange for the publication in the state register 
  3.24  of the compiled data from all agencies on or about 
  3.25  November October 15 of each year.  Copies of the compilation 
  3.26  shall must be delivered to the governor and the legislature.  
  3.27  Copies of the compilation shall must be made available by the 
  3.28  secretary to any interested person at cost, and copies shall 
  3.29  must be available for viewing by interested persons.  The chair 
  3.30  of an agency who does not submit data required by this section 
  3.31  or who does not notify the secretary of a vacancy in the agency, 
  3.32  shall is not be eligible for a per diem or expenses in 
  3.33  connection with agency service until December 1 of the following 
  3.34  year. 
  3.35     Sec. 4.  Minnesota Statutes 1996, section 15.0599, 
  3.36  subdivision 1, is amended to read: 
  4.1      Subdivision 1.  [APPLICABILITY.] For purposes of this 
  4.2   section, "agency" means: 
  4.3      (1) a state board, commission, council, committee, 
  4.4   authority, task force, including an advisory task force 
  4.5   established under section 15.014 or 15.0593, other multimember 
  4.6   agency, however designated, established by statute or order and 
  4.7   having statewide jurisdiction; 
  4.8      (2) the metropolitan council established by section 
  4.9   473.123, a metropolitan agency as defined in section 473.121, 
  4.10  subdivision 5a, or a multimember body, however designated, 
  4.11  appointed by the metropolitan council established by section 
  4.12  473.123 or a metropolitan agency as defined in section 473.121, 
  4.13  subdivision 5a, if the membership includes at least one person 
  4.14  who is not a member of the council or the agency; and 
  4.15     (3) a multimember body whose members are appointed by the 
  4.16  legislature if the body has at least one nonlegislative member; 
  4.17  and 
  4.18     (4) any other multimember body established by law with at 
  4.19  least one appointed member, without regard to the appointing 
  4.20  authority. 
  4.21     "Secretary" means the secretary of state. 
  4.22     Sec. 5.  Minnesota Statutes 1996, section 15.0599, 
  4.23  subdivision 4, is amended to read: 
  4.24     Subd. 4.  [REGISTRATION; INFORMATION REQUIRED.] (a) The 
  4.25  appointing authority of a newly established agency or the 
  4.26  authority's designee shall provide the secretary with the 
  4.27  following information: 
  4.28     (1) the name, mailing address, and telephone number of the 
  4.29  agency; 
  4.30     (2) the legal authority for the establishment of the agency 
  4.31  and the name and the title of the person or persons appointing 
  4.32  agency members; 
  4.33     (3) the powers and duties of the agency and whether the 
  4.34  agency, however designated, is best described by section 15.012, 
  4.35  paragraph (a), (b), (c), (e), or (f); 
  4.36     (4) the number of authorized members, together with any 
  5.1   prescribed restrictions on eligibility; 
  5.2      (5) the roster of current members, including mailing 
  5.3   addresses and telephone numbers; 
  5.4      (6) a breakdown of the membership showing distribution by 
  5.5   county, legislative district, and congressional district and 
  5.6   compliance with any restrictions listed in accordance with 
  5.7   clause (4); 
  5.8      (7) if any members have voluntarily provided the 
  5.9   information, the sex, age, political preference or lack of 
  5.10  preference, race, and national origin of those members; 
  5.11     (8) the dates of commencement and expiration of membership 
  5.12  terms and the expiration date of the agency, if any; 
  5.13     (9) the compensation of members and appropriations or other 
  5.14  money available to the agency; 
  5.15     (10) the name of the state agency or other entity, if any, 
  5.16  required to provide staff or administrative support to the 
  5.17  agency; 
  5.18     (11) the regular meeting schedule, if any, and the 
  5.19  approximate number of hours a month of meetings or other 
  5.20  activities required of members; and 
  5.21     (12) a brief statement of the goal or purpose of the 
  5.22  agency, along with a summary of what an existing agency has 
  5.23  done, or what a newly established agency plans to do to achieve 
  5.24  its goal or purpose. 
  5.25     The publication requirement under clause (5) may be met by 
  5.26  publishing a member's home or business address and telephone 
  5.27  number, the address and telephone number of the agency to which 
  5.28  the member is appointed, the member's electronic mail address, 
  5.29  or any other information that would enable the public to 
  5.30  communicate with the member. 
  5.31     (b) The chair of an existing agency or the chair's designee 
  5.32  shall provide information, covering the fiscal year in which it 
  5.33  is registering, on the number of meetings it has held, its 
  5.34  expenses, and the number of staff hours, if any, devoted to its 
  5.35  support.  The chair or designee shall also, if necessary, update 
  5.36  any of the information previously provided in accordance with 
  6.1   paragraph (a). 
  6.2      (c) The secretary shall provide forms for the reporting of 
  6.3   information required by this subdivision and may provide for 
  6.4   reporting by electronic means. 
  6.5      Sec. 6.  Minnesota Statutes 1996, section 15.0599, is 
  6.6   amended by adding a subdivision to read: 
  6.7      Subd. 4a.  [ELIGIBILITY FOR COMPENSATION.] The members of 
  6.8   an agency that submits all the information required by this 
  6.9   section by the prescribed deadlines are eligible to receive 
  6.10  compensation, but no compensation, including reimbursement for 
  6.11  expenses, may be paid to members of an agency not in compliance 
  6.12  with this section.  If an agency has not submitted all required 
  6.13  information by its applicable deadline, the secretary shall 
  6.14  notify the agency that it is not in compliance and that it has 
  6.15  30 days from the date of the notice to achieve compliance.  If 
  6.16  the agency is out of compliance at the end of the 30-day period, 
  6.17  the secretary shall notify the commissioner of finance that 
  6.18  members of the agency are not entitled to compensation.  If the 
  6.19  agency subsequently complies with this section, the secretary 
  6.20  shall notify the commissioner that the agency's members are 
  6.21  eligible for compensation from the date of compliance.  No 
  6.22  retroactive compensation may be paid, however, for any period 
  6.23  during which the agency was out of compliance. 
  6.24     Sec. 7.  Minnesota Statutes 1996, section 15.0599, 
  6.25  subdivision 5, is amended to read: 
  6.26     Subd. 5.  [REPORTING BY SECRETARY.] By August October 15 of 
  6.27  each year, the secretary shall furnish copies and a summary of 
  6.28  the information collected under subdivision 4 to the legislative 
  6.29  reference library. 
  6.30     Sec. 8.  [15.064] [PUBLICATION ON THE WORLD WIDE WEB.] 
  6.31     Except as provided in this section, an agency or 
  6.32  constitutional officer required by law to publish any material 
  6.33  in the State Register may, at the option of the agency or 
  6.34  officer, meet the requirement by making the material available 
  6.35  on the world wide web.  An agency or officer choosing that 
  6.36  option shall publish notice of that fact in the State Register 
  7.1   at least once a year and shall send the same notice by United 
  7.2   States mail to all persons who have registered with the agency 
  7.3   or officer for the purpose of receiving notice of the agency's 
  7.4   or officer's proceedings or publications. 
  7.5                              ARTICLE 2
  7.6                   HEALTH-RELATED ADVISORY COUNCILS
  7.7      Section 1.  [147A.27] [PHYSICIAN ASSISTANT ADVISORY 
  7.8   COUNCIL.] 
  7.9      Subdivision 1.  [MEMBERSHIP.] The physician assistant 
  7.10  advisory council is composed of seven persons appointed by the 
  7.11  board.  The seven persons must include: 
  7.12     (1) two public members, as defined in section 214.02; 
  7.13     (2) three physician assistants registered under this 
  7.14  chapter; and 
  7.15     (3) two licensed physicians with experience supervising 
  7.16  physician assistants. 
  7.17     Subd. 2.  [ORGANIZATION.] The council shall be organized 
  7.18  and administered under section 15.059, except that the advisory 
  7.19  council shall expire on June 30, 2001. 
  7.20     Subd. 3.  [DUTIES.] The council shall advise the board 
  7.21  regarding: 
  7.22     (1) physician assistant registration standards; 
  7.23     (2) enforcement of grounds for discipline; 
  7.24     (3) distribution of information regarding physician 
  7.25  assistant registration standards; 
  7.26     (4) applications and recommendations of applicants for 
  7.27  registration or registration renewal; and 
  7.28     (5) complaints and recommendations to the board regarding 
  7.29  disciplinary matters and proceedings concerning applicants and 
  7.30  registrants according to sections 214.10; 214.103; and 214.13, 
  7.31  subdivisions 6 and 7.  The council shall also perform other 
  7.32  duties authorized for the council by chapter 214 as directed by 
  7.33  the board. 
  7.34     Sec. 2.  Minnesota Statutes 1996, section 148.622, 
  7.35  subdivision 3, is amended to read: 
  7.36     Subd. 3.  [MEMBERSHIP TERMS; OFFICERS; QUORUM; EXPENSES.] 
  8.1   (a) Members must be appointed for staggered terms of four years, 
  8.2   with terms beginning August 1 of each even-numbered year.  The 
  8.3   terms of the initial board members shall must be determined by 
  8.4   lot as follows:  three one member must be appointed for a term 
  8.5   that expires August 1, 2000; two members shall must be appointed 
  8.6   for terms that expire August 1, 1999 1998; two members must be 
  8.7   appointed for terms that expire August 1, 1997; and two members 
  8.8   must be appointed for terms that expire August 1, 1995.  Members 
  8.9   of the board serve until the expiration of the term to which 
  8.10  they have been appointed or until their successors have 
  8.11  qualified.  A person may not be appointed to serve more than two 
  8.12  consecutive terms. 
  8.13     (b) The board shall organize annually and select a chair 
  8.14  and vice-chair. 
  8.15     (c) Four members of the board, including two professional 
  8.16  members and two public members, constitute a quorum to do 
  8.17  business. 
  8.18     (d) The board shall hold at least two regular meetings each 
  8.19  year.  Additional meetings may be held at the call of the chair 
  8.20  or at the written request of any three members of the board.  At 
  8.21  least 14 days' written advance notice of the board meeting is 
  8.22  required. 
  8.23     (e) Board members receive compensation for their services 
  8.24  in accordance with section 15.0575. 
  8.25     Sec. 3.  Minnesota Statutes 1996, section 214.32, 
  8.26  subdivision 1, is amended to read: 
  8.27     Subdivision 1.  [MANAGEMENT.] (a) A health professionals 
  8.28  services program committee is established, consisting of one 
  8.29  person appointed by each participating board, with each 
  8.30  participating board having one vote.  The committee shall 
  8.31  designate one board to provide administrative management of the 
  8.32  program, set the program budget and the pro rata share of 
  8.33  program expenses to be borne by each participating board, 
  8.34  provide guidance on the general operation of the program, 
  8.35  including hiring of program personnel, and ensure that the 
  8.36  program's direction is in accord with its authority.  No more 
  9.1   than half plus one of the members of the committee may be of one 
  9.2   gender.  
  9.3      (b) The designated board, upon recommendation of the health 
  9.4   professional services program committee, shall hire the program 
  9.5   manager and employees and pay expenses of the program from funds 
  9.6   appropriated for that purpose.  The designated board may apply 
  9.7   for grants to pay program expenses and may enter into contracts 
  9.8   on behalf of the program to carry out the purposes of the 
  9.9   program.  The participating boards shall enter into written 
  9.10  agreements with the designated board. 
  9.11     (c) An advisory committee is established to advise the 
  9.12  program committee consisting of: 
  9.13     (1) one member appointed by each of the following:  the 
  9.14  Minnesota Academy of Physician Assistants, the Minnesota Dental 
  9.15  Association, the Minnesota Chiropractic Association, the 
  9.16  Minnesota Licensed Practical Nurse Association, the Minnesota 
  9.17  Medical Association, the Minnesota Nurses Association, and the 
  9.18  Minnesota Podiatric Medicine Association; 
  9.19     (2) one member appointed by each of the professional 
  9.20  associations of the other professions regulated by a 
  9.21  participating board not specified in clause (1); and 
  9.22     (3) two public members, as defined by section 214.02.  
  9.23  Members of the advisory committee shall be appointed for two 
  9.24  years and members may be reappointed.  
  9.25     No more than half plus one of the members of the committee 
  9.26  may be of one gender. 
  9.27     The advisory committee expires June 30, 1997 2001. 
  9.28                             ARTICLE 3
  9.29                 HUMAN SERVICES ADVISORY COMMITTEES
  9.30     Section 1.  Minnesota Statutes 1996, section 15.059, is 
  9.31  amended by adding a subdivision to read: 
  9.32     Subd. 7.  [EXCEPTIONS TO EXPIRATION DATE.] Notwithstanding 
  9.33  subdivision 5, the following committees expire June 30, 2001: 
  9.34     (1) the medical assistance drug formulary committee 
  9.35  established under section 256B.0625, subdivision 13, paragraph 
  9.36  (a); 
 10.1      (2) the home care advisory committee established under 
 10.2   section 256B.071, subdivision 5; 
 10.3      (3) the traumatic brain injury advisory committee 
 10.4   established under section 256B.093, subdivision 1, clause (4); 
 10.5      (4) the preadmission screening, alternative care, and home 
 10.6   and community-based services advisory committee established 
 10.7   under section 256B.0911, subdivision 8; 
 10.8      (5) the American Indian child welfare advisory council 
 10.9   established under section 257.3579; 
 10.10     (6) the maternal and child health advisory task force 
 10.11  established under section 145.881; 
 10.12     (7) the state community health advisory committee 
 10.13  established under section 145A.10, subdivision 10; and 
 10.14     (8) the Minnesota commission serving deaf and 
 10.15  hard-of-hearing people established under section 256C.28, 
 10.16  subdivisions 1 to 6. 
 10.17     Sec. 2.  Minnesota Statutes 1996, section 145.881, 
 10.18  subdivision 1, is amended to read: 
 10.19     Subdivision 1.  [COMPOSITION OF TASK FORCE.] The 
 10.20  commissioner shall establish and appoint a maternal and child 
 10.21  health advisory task force consisting of 15 members who will 
 10.22  provide equal representation from: 
 10.23     (1) professionals with expertise in maternal and child 
 10.24  health services; 
 10.25     (2) representatives of community health boards as defined 
 10.26  in section 145A.02, subdivision 5; and 
 10.27     (3) consumer representatives interested in the health of 
 10.28  mothers and children. 
 10.29     No members shall be employees of the state department of 
 10.30  health.  Task force members shall be appointed and removed as 
 10.31  provided in section 15.059, subdivisions 2 and 4.  The maternal 
 10.32  and child health advisory task force shall terminate on the date 
 10.33  provided by section 15.059, subdivision 5, and members shall 
 10.34  receive compensation as provided in Section 15.059, subdivision 
 10.35  6 governs the maternal and child health advisory task force. 
 10.36     Sec. 3.  Minnesota Statutes 1996, section 245.697, 
 11.1   subdivision 1, is amended to read: 
 11.2      Subdivision 1.  [CREATION.] A state advisory council on 
 11.3   mental health is created.  The council must have 30 members 
 11.4   appointed by the governor in accordance with federal 
 11.5   requirements.  The council must be composed of:  
 11.6      (1) the assistant commissioner of mental health for the 
 11.7   department of human services; 
 11.8      (2) a representative of the department of human services 
 11.9   responsible for the medical assistance program; 
 11.10     (3) one member of each of the four core mental health 
 11.11  professional disciplines (psychiatry, psychology, social work, 
 11.12  nursing); 
 11.13     (4) one representative from each of the following advocacy 
 11.14  groups:  mental health association of Minnesota, Minnesota 
 11.15  alliance for the mentally ill, and Minnesota mental health law 
 11.16  project; 
 11.17     (5) providers of mental health services; 
 11.18     (6) consumers of mental health services; 
 11.19     (7) family members of persons with mental illnesses; 
 11.20     (8) legislators; 
 11.21     (9) social service agency directors; 
 11.22     (10) county commissioners; and 
 11.23     (11) other members reflecting a broad range of community 
 11.24  interests, as the United States Secretary of Health and Human 
 11.25  Services may prescribe by regulation or as may be selected by 
 11.26  the governor. 
 11.27     The council shall select a chair.  Terms, compensation, and 
 11.28  removal of members and filling of vacancies are governed by 
 11.29  section 15.059.  The council does not expire as provided in 
 11.30  section 15.059.  Notwithstanding provisions of section 15.059, 
 11.31  the council and its subcommittee on children's mental health do 
 11.32  not expire.  The commissioner of human services shall provide 
 11.33  staff support and supplies to the council. 
 11.34     Sec. 4.  Minnesota Statutes 1996, section 254A.035, 
 11.35  subdivision 2, is amended to read: 
 11.36     Subd. 2.  [MEMBERSHIP TERMS, COMPENSATION, REMOVAL AND 
 12.1   EXPIRATION.] The membership of this council shall be composed of 
 12.2   17 persons who are American Indians and who are appointed by the 
 12.3   commissioner.  The commissioner shall appoint one representative 
 12.4   from each of the following groups:  Red Lake Band of Chippewa 
 12.5   Indians; Fond du Lac Band, Minnesota Chippewa Tribe; Grand 
 12.6   Portage Band, Minnesota Chippewa Tribe; Leech Lake Band, 
 12.7   Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa 
 12.8   Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 
 12.9   Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; 
 12.10  Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton 
 12.11  Sioux Indian Reservation; Upper Sioux Indian Reservation; 
 12.12  International Falls Northern Range; Duluth Urban Indian 
 12.13  Community; and two representatives from the Minneapolis Urban 
 12.14  Indian Community and two from the St. Paul Urban Indian 
 12.15  Community.  The terms, compensation, and removal of American 
 12.16  Indian advisory council members shall be as provided in section 
 12.17  15.059.  The council expires June 30, 1997 2001.  
 12.18     Sec. 5.  Minnesota Statutes 1996, section 254A.04, is 
 12.19  amended to read: 
 12.20     254A.04 [CITIZENS ADVISORY COUNCIL.] 
 12.21     There is hereby created an alcohol and other drug abuse 
 12.22  advisory council to advise the department of human services 
 12.23  concerning the problems of alcohol and other drug dependency and 
 12.24  abuse, composed of ten members.  Five members shall be 
 12.25  individuals whose interests or training are in the field of 
 12.26  alcohol dependency and abuse; and five members whose interests 
 12.27  or training are in the field of dependency and abuse of drugs 
 12.28  other than alcohol.  The terms, compensation and removal of 
 12.29  members shall be as provided in section 15.059.  The council 
 12.30  expires June 30, 1997 2001.  The commissioner of human services 
 12.31  shall appoint members whose terms end in even-numbered years.  
 12.32  The commissioner of health shall appoint members whose terms end 
 12.33  in odd-numbered years. 
 12.34     Sec. 6.  [ADMINISTRATIVE RULES.] 
 12.35     The commissioner may adopt rules to implement Minnesota 
 12.36  Statutes, sections 256J.01 to 256J.09.  Because of the need for 
 13.1   flexible and swift means of implementing this program statewide, 
 13.2   the rules adopted by the commissioner to implement this program 
 13.3   are exempted from Minnesota Statutes, chapter 14, until February 
 13.4   28, 1999.  The commissioner shall prepare legislation for 
 13.5   submission to the legislature in 1998 incorporating the 
 13.6   substance of any rules adopted under this section and repealing 
 13.7   those rules. 
 13.8                              ARTICLE 4
 13.9                     AGRICULTURAL ADVISORY BODIES
 13.10     Section 1.  Minnesota Statutes 1996, section 17.136, is 
 13.11  amended to read: 
 13.12     17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND 
 13.13  MANURE MANAGEMENT ADVISORY COMMITTEE.] 
 13.14     (a) The commissioner of agriculture and the commissioner of 
 13.15  the pollution control agency shall establish a feedlot and 
 13.16  manure management advisory committee to identify needs, goals, 
 13.17  and suggest policies for research, monitoring, and regulatory 
 13.18  activities regarding feedlot and manure management.  In 
 13.19  establishing the committee, the commissioner shall give first 
 13.20  consideration to members of the existing feedlot advisory group. 
 13.21     (b) The committee must include representation from beef, 
 13.22  dairy, pork, chicken, and turkey producer organizations.  The 
 13.23  committee shall not exceed 18 members, but must include 
 13.24  representatives from at least three environmental organizations, 
 13.25  eight livestock producers, and four experts in soil and water 
 13.26  science, nutrient management, and animal husbandry, one member 
 13.27  from an organization representing local units of government, one 
 13.28  member from the senate, and one member from the house of 
 13.29  representatives.  In addition, the department departments of 
 13.30  agriculture, health, and natural resources, the pollution 
 13.31  control agency, board of water and soil resources, soil and 
 13.32  water conservation districts, the federal Soil Natural Resource 
 13.33  Conservation Service, the association of Minnesota counties, and 
 13.34  the Agricultural Stabilization and Conservation Farm Service 
 13.35  Agency shall serve on the committee as ex officio nonvoting 
 13.36  members. 
 14.1      (c) Persons who participated in activities of the feedlot 
 14.2   advisory group existing on and before August 1, 1994, must be 
 14.3   allowed to speak at proceedings of the advisory committee.  
 14.4   These persons hold nonvoting status and are not eligible for 
 14.5   reimbursement of expenses under paragraph (h). 
 14.6      (d) The advisory committee shall elect a chair and a 
 14.7   vice-chair from its members.  The department and the agency 
 14.8   shall provide staff support to the committee. 
 14.9      (e) (d) The commissioner of agriculture and the 
 14.10  commissioner of the pollution control agency shall consult with 
 14.11  the advisory committee during the development of any policies, 
 14.12  rules, or funding proposals or recommendations relating to 
 14.13  feedlots or feedlot-related manure management. 
 14.14     (f) (e) The commissioner of agriculture shall consult with 
 14.15  the advisory committee on establishing a list of manure 
 14.16  management research needs and priorities. 
 14.17     (g) (f) The advisory committee shall advise the 
 14.18  commissioners on other appropriate matters. 
 14.19     (h) (g) Nongovernment members of the advisory committee 
 14.20  shall receive expenses, in accordance with section 15.059, 
 14.21  subdivision 6.  The advisory committee expires on June 30, 1997 
 14.22  2001. 
 14.23     Sec. 2.  Minnesota Statutes 1996, section 17.49, 
 14.24  subdivision 1, is amended to read: 
 14.25     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
 14.26  shall establish and promote a program of aquaculture in 
 14.27  consultation with an advisory committee consisting of the 
 14.28  University of Minnesota, the commissioner of natural resources, 
 14.29  the commissioner of agriculture, representatives of the private 
 14.30  aquaculture industry, and the chairs of the environment and 
 14.31  natural resources committees of the house of representatives and 
 14.32  senate.  The advisory committee expires on June 30, 2001. 
 14.33     Sec. 3.  Minnesota Statutes 1996, section 18B.305, 
 14.34  subdivision 3, is amended to read: 
 14.35     Subd. 3.  [PESTICIDE APPLICATOR EDUCATION AND EXAMINATION 
 14.36  REVIEW BOARD.] (a) The commissioner shall establish and chair a 
 15.1   pesticide applicator education and examination review board.  
 15.2   This board, consisting of 15 members, must meet at least once a 
 15.3   year before the initiation of pesticide educational planning 
 15.4   programs.  The purpose of the board is to discuss topics of 
 15.5   current concern that can be incorporated into pesticide 
 15.6   applicator training sessions and appropriate examinations.  This 
 15.7   board shall review and evaluate the various educational programs 
 15.8   recently conducted and recommend options to increase overall 
 15.9   effectiveness.  
 15.10     (b) Membership on this board must represent industry, 
 15.11  private, nonprofit organizations, include applicators 
 15.12  representing various licensing categories, such as agriculture, 
 15.13  turf and ornamental, aerial, aquatic, and structural pest 
 15.14  control and private pesticide applicators, and other 
 15.15  governmental agencies, including the University of Minnesota, 
 15.16  the pollution control agency, department of health, department 
 15.17  of natural resources, and department of transportation.  
 15.18     (c) Membership on the board must include representatives 
 15.19  from environmental protection organizations. 
 15.20     (d) This board shall review licensing and certification 
 15.21  requirements for private, commercial, and noncommercial 
 15.22  applicators and provide a report to the commissioner with 
 15.23  recommendations by January 15, 1998.  This board shall review 
 15.24  category requirements and provide recommendations to the 
 15.25  commissioner.  This board expires on June 30, 2001. 
 15.26     Sec. 4.  Minnesota Statutes 1996, section 21.112, 
 15.27  subdivision 2, is amended to read: 
 15.28     Subd. 2.  [ADVISORY SEED POTATO CERTIFICATION TASK FORCE.] 
 15.29  The commissioner may appoint an advisory seed potato 
 15.30  certification task force.  If the task force is appointed each 
 15.31  member shall be a grower in Minnesota of certified seed potatoes.
 15.32  The task force shall expire, and the terms, compensation and 
 15.33  removal of members shall be as provided in section 15.059.  The 
 15.34  task force shall expire June 30, 2001. 
 15.35     Sec. 5.  Minnesota Statutes 1996, section 28A.20, 
 15.36  subdivision 2, is amended to read: 
 16.1      Subd. 2.  [MEMBERSHIP.] (a) The food safety advisory 
 16.2   committee consists of:  
 16.3      (1) the commissioner of agriculture; 
 16.4      (2) the commissioner of health; 
 16.5      (3) a representative of the United States Food and Drug 
 16.6   Administration; 
 16.7      (4) a representative of the United States Department of 
 16.8   Agriculture; 
 16.9      (5) a representative of the agricultural utilization 
 16.10  research institute; 
 16.11     (5) (6) one person from the University of Minnesota 
 16.12  knowledgeable in food and food safety issues; and 
 16.13     (6) eight (7) nine members appointed by the governor who 
 16.14  are interested in food and food safety, of whom: 
 16.15     (i) two persons are health or food professionals; 
 16.16     (ii) one person represents a statewide general farm 
 16.17  organization; 
 16.18     (iii) one person represents a local food inspection agency; 
 16.19  and 
 16.20     (iv) one person represents a food-oriented consumer group.  
 16.21     (b) Members shall serve without compensation.  Members 
 16.22  appointed by the governor shall serve four-year terms.  
 16.23     Sec. 6.  Minnesota Statutes 1996, section 28A.20, is 
 16.24  amended by adding a subdivision to read: 
 16.25     Subd. 6.  [EXPIRATION.] This section expires on June 30, 
 16.26  2001. 
 16.27     Sec. 7.  Minnesota Statutes 1996, section 31.95, 
 16.28  subdivision 3a, is amended to read: 
 16.29     Subd. 3a.  [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota 
 16.30  grown organic product that is labeled "certified" must be 
 16.31  certified by a designated certification organization.  
 16.32     (b) A certified organic product sold in this state must be 
 16.33  certified by a designated certification organization or by a 
 16.34  certification organization approved by the commissioner.  Before 
 16.35  approving a certification organization, the commissioner must 
 16.36  seek the evaluation and recommendation of the Minnesota organic 
 17.1   advisory task force. 
 17.2      (c) The commissioner shall appoint a Minnesota organic 
 17.3   advisory task force composed of members of the organic industry 
 17.4   to advise the commissioner on organic issues.  Members of the 
 17.5   task force may not be paid compensation or costs for 
 17.6   expenses.  The task force expires on June 30, 2001. 
 17.7      Sec. 8.  [EFFECTIVE DATE.] 
 17.8      This act is effective June 30, 1997. 
 17.9                              ARTICLE 5 
 17.10                MISSISSIPPI RIVER PARKWAY COMMISSION 
 17.11     Section 1.  Minnesota Statutes 1996, section 161.1419, 
 17.12  subdivision 8, is amended to read: 
 17.13     Subd. 8.  [EXPIRATION.] The commission shall expire on June 
 17.14  30, 1997 2001. 
 17.15     Sec. 2.  [EFFECTIVE DATE.] 
 17.16     Section 1 is effective the day following final enactment.