2nd 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; modifying requirements for 1.3 advisory councils and committees and multimember 1.4 agencies; changing certain publication dates and 1.5 requirements; changing expiration dates; amending 1.6 Minnesota Statutes 1996, sections 15.059, subdivision 1.7 5, and by adding a subdivision; 15.0597, subdivisions 1.8 2 and 3; 15.0599, subdivisions 1, 4, 5, and by adding 1.9 subdivisions; 16B.42, subdivision 1; 17.136; 17.49, 1.10 subdivision 1; 18B.305, subdivision 3; 21.112, 1.11 subdivision 2; 28A.20, subdivision 2, and by adding a 1.12 subdivision; 31.95, subdivision 3a; 62Q.03, 1.13 subdivision 5a; 120.1701, subdivision 3; 124.48, 1.14 subdivision 3; 126.531, subdivision 3; 126.56, 1.15 subdivision 5; 134.31, subdivision 5; 144.672, 1.16 subdivision 1; 145.881, subdivision 1; 148.622, 1.17 subdivision 3; 161.1419, subdivision 8; 175.008; 1.18 178.02, subdivision 2; 182.656, subdivision 3; 214.32, 1.19 subdivision 1; 245.697, subdivision 1; 254A.035, 1.20 subdivision 2; and 254A.04. 1.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22 Section 1. Minnesota Statutes 1996, section 15.059, 1.23 subdivision 5, is amended to read: 1.24 Subd. 5. [EXPIRATION DATE.] (a) Unless a different date is 1.25 specified by law, the existence of each advisory council and 1.26 committeecreatedestablished before January 1,19931997,and1.27governed by this section shall terminate onterminates June 30, 1.2819931997.An advisory council or committee whose expiration is1.29not governed by this section does not terminate June 30, 1993,1.30unless specified by other law.An advisory council or committee 1.31createdestablished by law and in existence after June 30,19931.32 1997, expires on the date specified in the lawcreating1.33 establishing the group or on June 30,19972001, whichever is 2.1 sooner. Thisexpiration provisionsubdivision applies whether 2.2 or not the lawcreatingestablishing the group provides that the 2.3 group is governed by this section. 2.4 (b) An advisory council or committee does not expire in 2.5 accordance with paragraph (a) if it: 2.6 (1) is an occupational licensure advisory group to a 2.7 licensing board or agency; 2.8 (2) administers and awards grants; or 2.9 (3) is required by federal law or regulation. 2.10 A council or committee covered by this paragraph expires June 2.11 30, 2001. 2.12 Sec. 2. Minnesota Statutes 1996, section 15.059, is 2.13 amended by adding a subdivision to read: 2.14 Subd. 5a. [NO EXPIRATION.] Notwithstanding subdivision 5, 2.15 the advisory councils and committees listed in this subdivision 2.16 do not expire June 30, 1997. These groups expire June 30, 2001, 2.17 unless the law creating the group or this subdivision specifies 2.18 an earlier expiration date. 2.19 Investment advisory council, created in section 11A.08; 2.20 Intergovernmental information systems council, created in 2.21 section 16B.42, expires June 30, 1999; 2.22 Feedlot and manure management advisory committee, created 2.23 in section 17.136; 2.24 Aquaculture advisory committee, created in section 17.49; 2.25 Dairy producers board, created in section 17.76; 2.26 Pesticide applicator education and examination review 2.27 board, created in section 18B.305; 2.28 Advisory seed potato certification task force, created in 2.29 section 21.112; 2.30 Food safety advisory committee, created in section 28A.20; 2.31 Minnesota organic advisory task force, created in section 2.32 31.95; 2.33 Public programs risk adjustment work group, created in 2.34 section 62Q.03, expires June 30, 1999; 2.35 Workers' compensation self-insurers' advisory committee, 2.36 created in section 79A.02; 3.1 Youth corps advisory committee, created in section 84.0887; 3.2 Iron range off-highway vehicle advisory committee, created 3.3 in section 85.013; 3.4 Mineral coordinating committee, created in section 93.002; 3.5 Game and fish fund citizen advisory committees, created in 3.6 section 97A.055; 3.7 Wetland heritage advisory committee, created in section 3.8 103G.2242; 3.9 Wastewater treatment technical advisory committee, created 3.10 in section 115.54; 3.11 Solid waste management advisory council, created in section 3.12 115A.12; 3.13 Nuclear waste council, created in section 116C.711; 3.14 Genetically engineered organism advisory committee, created 3.15 in section 116C.93; 3.16 Environment and natural resources trust fund advisory 3.17 committee, created in section 116P.06; 3.18 Child abuse prevention advisory council, created in section 3.19 119A.13; 3.20 Chemical abuse and violence prevention council, created in 3.21 section 119A.27; 3.22 Youth neighborhood services advisory board, created in 3.23 section 119A.29; 3.24 Interagency coordinating council, created in section 3.25 120.1701, expires June 30, 1999; 3.26 Desegregation/integration advisory board, created in 3.27 section 121.1601; 3.28 Nonpublic education council, created in section 123.935; 3.29 Permanent school fund advisory committee, created in 3.30 section 124.078; 3.31 Indian scholarship committee, created in section 124.48; 3.32 American Indian education committees, created in section 3.33 126.531; 3.34 Summer scholarship advisory committee, created in section 3.35 126.56; 3.36 Multicultural education advisory committee, created in 4.1 section 126.82; 4.2 Male responsibility and fathering grants review committee, 4.3 created in section 126.84; 4.4 Library for the blind and physically handicapped advisory 4.5 committee, created in section 134.31; 4.6 Higher education advisory council, created in section 4.7 136A.031; 4.8 Student advisory council, created in section 136A.031; 4.9 Cancer surveillance advisory committee, created in section 4.10 144.672; 4.11 Maternal and child health task force, created in section 4.12 145.881; 4.13 State community health advisory committee, created in 4.14 section 145A.10; 4.15 Mississippi River Parkway commission, created in section 4.16 161.1419; 4.17 School bus safety advisory committee, created in section 4.18 169.435; 4.19 Advisory council on workers' compensation, created in 4.20 section 175.007; 4.21 Code enforcement advisory council, created in section 4.22 175.008; 4.23 Medical services review board, created in section 176.103; 4.24 Apprenticeship advisory council, created in section 178.02; 4.25 OSHA advisory council, created in section 182.656; 4.26 Health professionals services program advisory committee, 4.27 created in section 214.32; 4.28 Rehabilitation advisory council for the blind, created in 4.29 section 248.10; 4.30 American Indian advisory council, created in section 4.31 254A.035; 4.32 Alcohol and other drug abuse advisory council, created in 4.33 section 254A.04; 4.34 Medical assistance drug formulary committee, created in 4.35 section 256B.0625; 4.36 Home care advisory committee, created in section 256B.071; 5.1 Preadmission screening, alternative care, and home and 5.2 community-based services advisory committee, created in section 5.3 256B.0911; 5.4 Traumatic brain injury advisory committee, created in 5.5 section 256B.093; 5.6 Minnesota commission serving deaf and hard-of-hearing 5.7 people, created in section 256C.28; 5.8 American Indian child welfare advisory council, created in 5.9 section 257.3579; 5.10 Juvenile justice advisory committee, created in section 5.11 268.29; 5.12 Northeast Minnesota economic development fund technical 5.13 advisory committees, created in section 298.2213; 5.14 Iron range higher education committee, created in section 5.15 298.2214; 5.16 Northeast Minnesota economic protection trust fund 5.17 technical advisory committee, created in section 298.297; 5.18 Pipeline safety advisory committee, created in section 5.19 299J.06, expires June 30, 1998; 5.20 Battered women's advisory council, created in section 5.21 611A.34. 5.22 Sec. 3. Minnesota Statutes 1996, section 15.0597, 5.23 subdivision 2, is amended to read: 5.24 Subd. 2. [COLLECTION OF DATA.] The chair of an existing 5.25 agency or the chair's designee, or the appointing authority for 5.26 the members of a newly created agency, shall provide the 5.27 secretary, on forms prepared and distributed by the secretary, 5.28 with the following data pertaining to that agency: 5.29 (1) the name of the agency, its mailing address, and 5.30 telephone number; 5.31 (2) the legal authority for the creation of the agency and 5.32 the name of the person appointing agency members; 5.33 (3) the powers and duties of the agency; 5.34 (4) the number of authorized members, together with any 5.35 prescribed restrictions on eligibility such as employment 5.36 experience or geographical representation; 6.1 (5) the dates of commencement and expiration of the 6.2 membership terms and the expiration date of the agency, if any; 6.3 (6) the compensation of members, and appropriations or 6.4 other funds available to the agency; 6.5 (7) the regular meeting schedule, if any, and approximate 6.6 number of hours per month of meetings or other activities 6.7 required of members; 6.8 (8) the roster of current members, including mailing 6.9 addresses and telephone numbers; and 6.10 (9) a breakdown of the membership showing distribution by 6.11 county, legislative district, and congressional district, and, 6.12 only if the member has voluntarily supplied the information, the 6.13 sex, political party preference or lackthereofof party 6.14 preference, race, and national origin of the members. 6.15 The secretary may provide for the submission of data in 6.16 accordance with this subdivision by electronic means. The 6.17 publication requirement under clause (8) may be met by 6.18 publishing a member's home or business address and telephone 6.19 number, the address and telephone number of the agency to which 6.20 the member is appointed, the member's electronic mail address, 6.21 if provided, or any other information that would enable the 6.22 public to communicate with the member. 6.23 Sec. 4. Minnesota Statutes 1996, section 15.0597, 6.24 subdivision 3, is amended to read: 6.25 Subd. 3. [PUBLICATION OF AGENCY DATA.] The secretary of 6.26 state shall provide for annual updating of the required data and 6.27 shall annually arrange for the publication in the state register 6.28 of the compiled data from all agencies on or about 6.29NovemberOctober 15 of each year. Copies of the compilation 6.30shallmust be delivered to the governor and the legislature. 6.31 Copies of the compilationshallmust be made available by the 6.32 secretary to any interested person at cost, and copiesshall6.33 must be available for viewing by interested persons. The chair 6.34 of an agency who does not submit data required by this section 6.35 or who does not notify the secretary of a vacancy in the agency, 6.36shallis notbeeligible for a per diem or expenses in 7.1 connection with agency service until December 1 of the following 7.2 year. 7.3 Sec. 5. Minnesota Statutes 1996, section 15.0599, 7.4 subdivision 1, is amended to read: 7.5 Subdivision 1. [APPLICABILITY.] For purposes of this 7.6 section, "agency" means: 7.7 (1) a state board, commission, council, committee, 7.8 authority, task force, including an advisory task force 7.9 established under section 15.014 or 15.0593, other multimember 7.10 agency, however designated, established by statute or order and 7.11 having statewide jurisdiction; 7.12 (2) the metropolitan council established by section 7.13 473.123, a metropolitan agency as defined in section 473.121, 7.14 subdivision 5a, or a multimember body, however designated, 7.15 appointed by the metropolitan councilestablished by section7.16473.123or a metropolitan agencyas defined in section 473.121,7.17subdivision 5a,if the membership includes at least one person 7.18 who is not a member of the council or the agency;and7.19 (3) a multimember body whose members are appointed by the 7.20 legislature if the body has at least one nonlegislative member; 7.21 and 7.22 (4) any other multimember body established by law with at 7.23 least one appointed member, without regard to the appointing 7.24 authority. 7.25 "Secretary" means the secretary of state. 7.26 Sec. 6. Minnesota Statutes 1996, section 15.0599, 7.27 subdivision 4, is amended to read: 7.28 Subd. 4. [REGISTRATION; INFORMATION REQUIRED.] (a) The 7.29 appointing authority of a newly established agency or the 7.30 authority's designee shall provide the secretary with the 7.31 following information: 7.32 (1) the name, mailing address, and telephone number of the 7.33 agency; 7.34 (2) the legal authority for the establishment of the agency 7.35 and the name and the title of the person or persons appointing 7.36 agency members; 8.1 (3) the powers and duties of the agency and whether the 8.2 agency, however designated, is best described by section 15.012, 8.3 paragraph (a), (b), (c), (e), or (f); 8.4 (4) the number of authorized members, together with any 8.5 prescribed restrictions on eligibility; 8.6 (5) the roster of current members, including mailing 8.7 addresses and telephone numbers; 8.8 (6) a breakdown of the membership showing distribution by 8.9 county, legislative district, and congressional district and 8.10 compliance with any restrictions listed in accordance with 8.11 clause (4); 8.12 (7) if any members have voluntarily provided the 8.13 information, the sex, age, political preference or lack of 8.14 preference, race, and national origin of those members; 8.15 (8) the dates of commencement and expiration of membership 8.16 terms and the expiration date of the agency, if any; 8.17 (9) the compensation of members and appropriations or other 8.18 money available to the agency; 8.19 (10) the name of the state agency or other entity, if any, 8.20 required to provide staff or administrative support to the 8.21 agency; 8.22 (11) the regular meeting schedule, if any, and the 8.23 approximate number of hours a month of meetings or other 8.24 activities required of members; and 8.25 (12) a brief statement of the goal or purpose of the 8.26 agency, along with a summary of what an existing agency has 8.27 done, or what a newly established agency plans to do to achieve 8.28 its goal or purpose. 8.29 The publication requirement under clause (5) may be met by 8.30 publishing a member's home or business address and telephone 8.31 number, the address and telephone number of the agency to which 8.32 the member is appointed, the member's electronic mail address, 8.33 or any other information that would enable the public to 8.34 communicate with the member. 8.35 (b) The chair of an existing agency or the chair's designee 8.36 shall provide information, covering the fiscal year in which it 9.1 is registering, on the number of meetings it has held, its 9.2 expenses, and the number of staff hours, if any, devoted to its 9.3 support. The chair or designee shall also, if necessary, update 9.4 any of the information previously provided in accordance with 9.5 paragraph (a). 9.6 (c) The secretary shall provide forms for the reporting of 9.7 information required by this subdivision and may provide for 9.8 reporting by electronic means. 9.9 Sec. 7. Minnesota Statutes 1996, section 15.0599, is 9.10 amended by adding a subdivision to read: 9.11 Subd. 4a. [ELIGIBILITY FOR COMPENSATION.] The members of 9.12 an agency that submits all the information required by this 9.13 section by the prescribed deadlines are eligible to receive 9.14 compensation, but no compensation, including reimbursement for 9.15 expenses, may be paid to members of an agency not in compliance 9.16 with this section. If an agency has not submitted all required 9.17 information by its applicable deadline, the secretary shall 9.18 notify the agency that it is not in compliance and that it has 9.19 30 days from the date of the notice to achieve compliance. If 9.20 the agency is out of compliance at the end of the 30-day period, 9.21 the secretary shall notify the commissioner of finance that 9.22 members of the agency are not entitled to compensation. If the 9.23 agency subsequently complies with this section, the secretary 9.24 shall notify the commissioner that the agency's members are 9.25 eligible for compensation from the date of compliance. No 9.26 retroactive compensation may be paid, however, for any period 9.27 during which the agency was out of compliance. 9.28 Sec. 8. Minnesota Statutes 1996, section 15.0599, 9.29 subdivision 5, is amended to read: 9.30 Subd. 5. [REPORTING BY SECRETARY.] ByAugustOctober 15 of 9.31 each year, the secretary shall furnish copies and a summary of 9.32 the information collected under subdivision 4 to the legislative 9.33 reference library. 9.34 Sec. 9. Minnesota Statutes 1996, section 15.0599, is 9.35 amended by adding a subdivision to read: 9.36 Subd. 6. [ELECTRONIC PUBLICATION.] Any material that under 10.1 sections 15.0597 to 15.0599 is required to be published in the 10.2 State Register may instead be published on the World Wide Web. 10.3 If that option is used, the secretary of state shall 10.4 publish notice of that fact in the State Register at least once 10.5 a year and shall send the same notice by United States mail to 10.6 all persons who have registered with the secretary for the 10.7 purpose of receiving notice of the secretary's listings. 10.8 Sec. 10. Minnesota Statutes 1996, section 16B.42, 10.9 subdivision 1, is amended to read: 10.10 Subdivision 1. [COMPOSITION.] The intergovernmental 10.11 information systems advisory council is composed of (1) two 10.12 members from each of the following groups: counties outside of 10.13 the seven-county metropolitan area, cities of the second and 10.14 third class outside the metropolitan area, cities of the second 10.15 and third class within the metropolitan area, and cities of the 10.16 fourth class; (2) one member from each of the following groups: 10.17 the metropolitan council, an outstate regional body, counties 10.18 within the metropolitan area, cities of the first class, school 10.19 districts in the metropolitan area, school districts outside the 10.20 metropolitan area, and public libraries; (3) one member each 10.21 appointed by the state departments of children, families, and 10.22 learning, human services, revenue, and economic security, the 10.23 office of strategic and long-range planning, and the legislative 10.24 auditor; (4) one member from the office of the state auditor, 10.25 appointed by the auditor; (5) the assistant commissioner of 10.26 administration for the information policy office; (6) one member 10.27 appointed by each of the following organizations: league of 10.28 Minnesota cities, association of Minnesota counties, Minnesota 10.29 association of township officers, and Minnesota association of 10.30 school administrators; and (7) one member of the house of 10.31 representatives appointed by the speaker and one member of the 10.32 senate appointed by the subcommittee on committees of the 10.33 committee on rules and administration. The legislative members 10.34 appointed under clause (7) are nonvoting members. The 10.35 commissioner of administration shall appoint members under 10.36 clauses (1) and (2). The terms, compensation, and removal of 11.1 the appointed members of the advisory council are as provided in 11.2 section 15.059, but the council does not expire until June 30, 11.319971999. 11.4 Sec. 11. Minnesota Statutes 1996, section 17.136, is 11.5 amended to read: 11.6 17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND 11.7 MANURE MANAGEMENT ADVISORY COMMITTEE.] 11.8 (a) The commissioner of agriculture and the commissioner of 11.9 the pollution control agency shall establish a feedlot and 11.10 manure management advisory committee to identify needs, goals, 11.11 and suggest policies for research, monitoring, and regulatory 11.12 activities regarding feedlot and manure management. In 11.13 establishing the committee, the commissioner shall give first 11.14 consideration to members of the existing feedlot advisory group. 11.15 (b) The committee must include representation from beef, 11.16 dairy, pork, chicken, and turkey producer organizations. The 11.17 committee shall not exceed 18 members, but, after June 30, 1997, 11.18 must include representatives from at leastthreefour 11.19 environmental organizations, eight livestock producers, and four 11.20 experts in soil and water science, nutrient management, and 11.21 animal husbandry, one member from an organization representing 11.22 local units of government,one member fromand chairs of the 11.23 senate,andone member fromthe house of 11.24 representatives committees that deal with agricultural policy or 11.25 the designees of the chairs. In addition, thedepartment11.26 departments of agriculture, health, and natural resources, the 11.27 pollution control agency, board of water and soil resources, 11.28 soil and water conservation districts, the federalSoilNatural 11.29 Resource Conservation Service, the association of Minnesota 11.30 counties, and theAgricultural Stabilization and11.31ConservationFarm Service Agency shall serve on the committee as 11.32 ex officio nonvoting members. 11.33 (c)Persons who participated in activities of the feedlot11.34advisory group existing on and before August 1, 1994, must be11.35allowed to speak at proceedings of the advisory committee.11.36These persons hold nonvoting status and are not eligible for12.1reimbursement of expenses under paragraph (h).12.2(d)The advisory committee shall elect a chair and a 12.3 vice-chair from its members. The department and the agency 12.4 shall provide staff support to the committee. 12.5(e)(d) The commissioner of agriculture and the 12.6 commissioner of the pollution control agency shall consult with 12.7 the advisory committee during the development of any policies, 12.8 rules, or funding proposals or recommendations relating to 12.9 feedlots or feedlot-related manure management. 12.10(f)(e) The commissioner of agriculture shall consult with 12.11 the advisory committee on establishing a list of manure 12.12 management research needs and priorities. 12.13(g)(f) The advisory committee shall advise the 12.14 commissioners on other appropriate matters. 12.15(h)(g) Nongovernment members of the advisory committee 12.16 shall receive expenses, in accordance with section 15.059, 12.17 subdivision 6. The advisory committee expires on June 30,199712.18 2001. 12.19 Sec. 12. Minnesota Statutes 1996, section 17.49, 12.20 subdivision 1, is amended to read: 12.21 Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner 12.22 shall establish and promote a program of aquaculture in 12.23 consultation with an advisory committee consisting of the 12.24 University of Minnesota, the commissioner of natural resources, 12.25 the commissioner of agriculture, representatives of the private 12.26 aquaculture industry, and the chairs of the environment and 12.27 natural resources committees of the house of representatives and 12.28 senate. The advisory committee expires on June 30, 2001. 12.29 Sec. 13. Minnesota Statutes 1996, section 18B.305, 12.30 subdivision 3, is amended to read: 12.31 Subd. 3. [PESTICIDE APPLICATOR EDUCATION AND EXAMINATION 12.32 REVIEW BOARD.] (a) The commissioner shall establish and chair a 12.33 pesticide applicator education and examination review board. 12.34 This board, consisting of 15 members, must meet at least once a 12.35 year before the initiation of pesticide educational planning 12.36 programs. The purpose of the board is to discuss topics of 13.1 current concern that can be incorporated into pesticide 13.2 applicator training sessions and appropriate examinations. This 13.3 board shall review and evaluate the various educational programs 13.4 recently conducted and recommend options to increase overall 13.5 effectiveness. 13.6 (b) Membership on this board mustrepresent industry,13.7private, nonprofit organizations,include applicators 13.8 representing various licensing categories, such as agriculture, 13.9 turf and ornamental, aerial, aquatic, and structural pest 13.10 control and private pesticide applicators, and other 13.11 governmental agencies, including the University of Minnesota, 13.12 the pollution control agency, department of health, department 13.13 of natural resources, and department of transportation. 13.14 (c) Membership on the board must include representatives 13.15 from environmental protection organizations. 13.16 (d) This board shall review licensing and certification 13.17 requirements for private, commercial, and noncommercial 13.18 applicators and provide a report to the commissioner with 13.19 recommendations by January 15, 1998. This board shall review 13.20 category requirements and provide recommendations to the 13.21 commissioner. This board expires on June 30, 2001. 13.22 Sec. 14. Minnesota Statutes 1996, section 21.112, 13.23 subdivision 2, is amended to read: 13.24 Subd. 2. [ADVISORY SEED POTATO CERTIFICATION TASK FORCE.] 13.25 The commissioner may appoint an advisory seed potato 13.26 certification task force. If the task force is appointed each 13.27 member shall be a grower in Minnesota of certified seed potatoes. 13.28 Thetask force shall expire, and theterms, compensation and 13.29 removal of members shall be as provided in section 15.059. The 13.30 task force shall expire June 30, 2001. 13.31 Sec. 15. Minnesota Statutes 1996, section 28A.20, 13.32 subdivision 2, is amended to read: 13.33 Subd. 2. [MEMBERSHIP.] (a) The food safety advisory 13.34 committee consists of: 13.35 (1) the commissioner of agriculture; 13.36 (2) the commissioner of health; 14.1 (3) a representative of the United States Food and Drug 14.2 Administration; 14.3 (4) a representative of the United States Department of 14.4 Agriculture; 14.5 (5) a representative of the agricultural utilization 14.6 research institute; 14.7(5)(6) one person from the University of Minnesota 14.8 knowledgeable in food and food safety issues; and 14.9(6) eight(7) nine members appointed by the governor who 14.10 are interested in food and food safety, of whom: 14.11 (i) two persons are health or food professionals; 14.12 (ii) one person represents a statewide general farm 14.13 organization; 14.14 (iii) one person represents a local food inspection agency; 14.15 and 14.16 (iv) one person represents a food-oriented consumer group. 14.17 (b) Members shall serve without compensation. Members 14.18 appointed by the governor shall serve four-year terms. 14.19 Sec. 16. Minnesota Statutes 1996, section 28A.20, is 14.20 amended by adding a subdivision to read: 14.21 Subd. 6. [EXPIRATION.] This section expires on June 30, 14.22 2001. 14.23 Sec. 17. Minnesota Statutes 1996, section 31.95, 14.24 subdivision 3a, is amended to read: 14.25 Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota 14.26 grown organic product that is labeled "certified" must be 14.27 certified by a designated certification organization. 14.28 (b) A certified organic product sold in this state must be 14.29 certified by a designated certification organization or by a 14.30 certification organization approved by the commissioner. Before 14.31 approving a certification organization, the commissioner must 14.32 seek the evaluation and recommendation of the Minnesota organic 14.33 advisory task force. 14.34 (c) The commissioner shall appoint a Minnesota organic 14.35 advisory task force composed of members of the organic industry 14.36 to advise the commissioner on organic issues. Members of the 15.1 task force may not be paid compensation or costs for 15.2 expenses. The task force expires on June 30, 2001. 15.3 Sec. 18. Minnesota Statutes 1996, section 62Q.03, 15.4 subdivision 5a, is amended to read: 15.5 Subd. 5a. [PUBLIC PROGRAMS.] (a) A separate risk 15.6 adjustment system must be developed for state-run public 15.7 programs, including medical assistance, general assistance 15.8 medical care, and MinnesotaCare. The system must be developed 15.9 in accordance with the general risk adjustment methodologies 15.10 described in this section, must include factors in addition to 15.11 age and sex adjustment, and may include additional demographic 15.12 factors, different targeted conditions, and/or different payment 15.13 amounts for conditions. The risk adjustment system for public 15.14 programs must attempt to reflect the special needs related to 15.15 poverty, cultural, or language barriers and other needs of the 15.16 public program population. 15.17 (b) The commissioners of health and human services shall 15.18 jointly convene a public programs risk adjustment work group 15.19 responsible for advising the commissioners in the design of the 15.20 public programs risk adjustment system. The public programs 15.21 risk adjustment work group is governed by section 15.059 for 15.22 purposes of membership terms and removal of members and shall 15.23 terminate on June 30, 1999. The work group shall meet at the 15.24 discretion of the commissioners of health and human services. 15.25 The commissioner of health shall work with the risk adjustment 15.26 association to ensure coordination between the risk adjustment 15.27 systems for the public and private sectors. The commissioner of 15.28 human services shall seek any needed federal approvals necessary 15.29 for the inclusion of the medical assistance program in the 15.30 public programs risk adjustment system. 15.31 (c) The public programs risk adjustment work group must be 15.32 representative of the persons served by publicly paid health 15.33 programs and providers and health plans that meet their needs. 15.34 To the greatest extent possible, the appointing authorities 15.35 shall attempt to select representatives that have historically 15.36 served a significant number of persons in publicly paid health 16.1 programs or the uninsured. Membership of the work group shall 16.2 be as follows: 16.3 (1) one provider member appointed by the Minnesota Medical 16.4 Association; 16.5 (2) two provider members appointed by the Minnesota 16.6 Hospital Association, at least one of whom must represent a 16.7 major disproportionate share hospital; 16.8 (3) five members appointed by the Minnesota Council of 16.9 HMOs, one of whom must represent an HMO with fewer than 50,000 16.10 enrollees located outside the metropolitan area and one of whom 16.11 must represent an HMO with at least 50 percent of total 16.12 membership enrolled through a public program; 16.13 (4) two representatives of counties appointed by the 16.14 Association of Minnesota Counties; 16.15 (5) three representatives of organizations representing the 16.16 interests of families, children, childless adults, and elderly 16.17 persons served by the various publicly paid health programs 16.18 appointed by the governor; 16.19 (6) two representatives of persons with mental health, 16.20 developmental or physical disabilities, chemical dependency, or 16.21 chronic illness appointed by the governor; and 16.22 (7) three public members appointed by the governor, at 16.23 least one of whom must represent a community health board. The 16.24 risk adjustment association may appoint a representative, if a 16.25 representative is not otherwise appointed by an appointing 16.26 authority. 16.27 (d) The commissioners of health and human services, with 16.28 the advice of the public programs risk adjustment work group, 16.29 shall develop a work plan and time frame and shall coordinate 16.30 their efforts with the private sector risk adjustment 16.31 association's activities and other state initiatives related to 16.32 public program managed care reimbursement. The commissioners of 16.33 health and human services shall report to the health care 16.34 commission and to the appropriate legislative committees on 16.35 January 15, 1996, and on January 15, 1997, on any policy or 16.36 legislative changes necessary to implement the public program 17.1 risk adjustment system. 17.2 Sec. 19. Minnesota Statutes 1996, section 120.1701, 17.3 subdivision 3, is amended to read: 17.4 Subd. 3. [STATE INTERAGENCY COORDINATING COUNCIL.] An 17.5 interagency coordinating council of at least 17, but not more 17.6 than 25 members is established, in compliance with Public Law 17.7 Number 102-119, section 682. The members shall be appointed by 17.8 the governor. Council members shall elect the council chair. 17.9 The representative of the commissioner of children, families, 17.10 and learning may not serve as the chair. The council shall be 17.11 composed of at least five parents, including persons of color, 17.12 of children with disabilities under age 12, including at least 17.13 three parents of a child with a disability under age seven, five 17.14 representatives of public or private providers of services for 17.15 children with disabilities under age five, including a special 17.16 education director, county social service director, and a 17.17 community health services or public health nursing 17.18 administrator, one member of the senate, one member of the house 17.19 of representatives, one representative of teacher preparation 17.20 programs in early childhood-special education or other 17.21 preparation programs in early childhood intervention, at least 17.22 one representative of advocacy organizations for children with 17.23 disabilities under age five, one physician who cares for young 17.24 children with special health care needs, one representative each 17.25 from the commissioners of commerce, children, families, and 17.26 learning, health, human services, and economic security, and a 17.27 representative from Indian health services or a tribal council. 17.28 Section 15.059, subdivisions 2 to 5, apply to the council. The 17.29 council shall meet at least quarterly. 17.30 The council shall address methods of implementing the state 17.31 policy of developing and implementing comprehensive, 17.32 coordinated, multidisciplinary interagency programs of early 17.33 intervention services for children with disabilities and their 17.34 families. 17.35 The duties of the council include recommending policies to 17.36 ensure a comprehensive and coordinated system of all state and 18.1 local agency services for children under age five with 18.2 disabilities and their families. The policies must address how 18.3 to incorporate each agency's services into a unified state and 18.4 local system of multidisciplinary assessment practices, 18.5 individual intervention plans, comprehensive systems to find 18.6 children in need of services, methods to improve public 18.7 awareness, and assistance in determining the role of interagency 18.8 early intervention committees. 18.9 Each year by June 1, the council shall recommend to the 18.10 governor and the commissioners of children, families, and 18.11 learning, health, human services, commerce, and economic 18.12 security policies for a comprehensive and coordinated system. 18.13 Notwithstanding any other law to the contrary, the state 18.14 interagency coordinating council shall expire on June 30,199718.15 1999. 18.16 Sec. 20. Minnesota Statutes 1996, section 124.48, 18.17 subdivision 3, is amended to read: 18.18 Subd. 3. [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota 18.19 Indian scholarship committee is established. Members shall be 18.20 appointed by the state board with the assistance of the Indian 18.21 affairs council as provided in section 3.922, subdivision 6. 18.22 Members shall be reimbursed for expenses as provided in section 18.23 15.059, subdivision 6. The state board shall determine the 18.24 membership terms and duration of the committee, which expires no 18.25 later than June 30,19972001. The committee shall provide 18.26 advice to the state board in awarding scholarships to eligible 18.27 American Indian students and in administering the state board's 18.28 duties regarding awarding of American Indian post-secondary 18.29 preparation grants to school districts. 18.30 Sec. 21. Minnesota Statutes 1996, section 126.531, 18.31 subdivision 3, is amended to read: 18.32 Subd. 3. Each committee shall be reimbursed for expenses 18.33 according to section 15.059, subdivision 6. The state board 18.34 shall determine the membership terms and the duration of each 18.35 committee, which expire no later than June 30,19972001. 18.36 Sec. 22. Minnesota Statutes 1996, section 126.56, 19.1 subdivision 5, is amended to read: 19.2 Subd. 5. [ADVISORY COMMITTEE.] An advisory committee shall 19.3 assist the state board of education in approving eligible 19.4 programs and shall assist the higher education services office 19.5 in planning, implementing, and evaluating the scholarship 19.6 program. The committee shall consist of 11 members, to include 19.7 the executive director of the higher education services office 19.8 or a representative, the commissioner of children, families, and 19.9 learning or a representative, two secondary school 19.10 administrators and two secondary teachers appointed by the 19.11 commissioner of children, families, and learning, the executive 19.12 director of the academic excellence foundation, a private 19.13 college representative appointed by the president of the 19.14 Minnesota private college council, a community college 19.15 representative and a state university representative appointed 19.16 by the chancellor of the Minnesota state colleges and 19.17 universities, and a University of Minnesota representative 19.18 appointed by the president of the University of Minnesota. The 19.19 committee expires June 30,19972001. 19.20 Sec. 23. Minnesota Statutes 1996, section 134.31, 19.21 subdivision 5, is amended to read: 19.22 Subd. 5. [ADVISORY COMMITTEE.] The commissioner shall 19.23 appoint an advisory committee of five members to advise the 19.24 staff of the Minnesota library for the blind and physically 19.25 handicapped on long-range plans and library services. Members 19.26 shall be people who use the library. Section 15.059 governs 19.27 this committee except that the committee shall expire on June 19.28 30,19972001. 19.29 Sec. 24. Minnesota Statutes 1996, section 144.672, 19.30 subdivision 1, is amended to read: 19.31 Subdivision 1. [RULE AUTHORITY.] The commissioner of 19.32 health shall collect cancer incidence information, analyze the 19.33 information, and conduct special studies designed to determine 19.34 the potential public health significance of an increase in 19.35 cancer incidence. 19.36 The commissioner shall adopt rules to administer the 20.1 system, collect information, and distribute data. The rules 20.2 must include, but not be limited to, the following: 20.3 (1) the type of data to be reported; 20.4 (2) standards for reporting specific types of data; 20.5 (3) payments allowed to hospitals, pathologists, and 20.6 registry systems to defray their costs in providing information 20.7 to the system; 20.8 (4) criteria relating to contracts made with outside 20.9 entities to conduct studies using data collected by the system. 20.10 The criteria may include requirements for a written protocol 20.11 outlining the purpose and public benefit of the study, the 20.12 description, methods, and projected results of the study, peer 20.13 review by other scientists, the methods and facilities to 20.14 protect the privacy of the data, and the qualifications of the 20.15 researcher proposing to undertake the study; 20.16 (5) specification of fees to be charged under section 20.17 13.03, subdivision 3, for all out-of-pocket expenses for data 20.18 summaries or specific analyses of data requested by public and 20.19 private agencies, organizations, and individuals, and which are 20.20 not otherwise included in the commissioner's annual summary 20.21 reports. Fees collected are appropriated to the commissioner to 20.22 offset the cost of providing the data; and 20.23 (6) establishment of a committee to assist the commissioner 20.24 in the review of system activities.The committee expires as20.25provided in section 15.059, subdivision 5.The committee is 20.26 governed by section 15.059, except it expires June 30, 2001. 20.27 Sec. 25. Minnesota Statutes 1996, section 145.881, 20.28 subdivision 1, is amended to read: 20.29 Subdivision 1. [COMPOSITION OF TASK FORCE.] The 20.30 commissioner shall establish and appoint a maternal and child 20.31 health advisory task force consisting of 15 members who will 20.32 provide equal representation from: 20.33 (1) professionals with expertise in maternal and child 20.34 health services; 20.35 (2) representatives of community health boards as defined 20.36 in section 145A.02, subdivision 5; and 21.1 (3) consumer representatives interested in the health of 21.2 mothers and children. 21.3 No members shall be employees of the state department of 21.4 health.Task force members shall be appointed and removed as21.5provided in section 15.059, subdivisions 2 and 4. The maternal21.6and child health advisory task force shall terminate on the date21.7provided by section 15.059, subdivision 5, and members shall21.8receive compensation as provided inSection 15.059, subdivision21.96governs the maternal and child health advisory task force. 21.10 Sec. 26. Minnesota Statutes 1996, section 148.622, 21.11 subdivision 3, is amended to read: 21.12 Subd. 3. [MEMBERSHIP TERMS; OFFICERS; QUORUM; EXPENSES.] 21.13 (a) Members must be appointed for staggered terms of four years, 21.14 with terms beginning August 1 of eacheven-numberedyear. The 21.15 terms of the initial board membersshallmust be determined by 21.16 lot as follows:threeone member must be appointed for a term 21.17 that expires August 1, 2000; two membersshallmust be appointed 21.18 for terms that expire August 1,19991998; two members must be 21.19 appointed for terms that expire August 1, 1997; and two members 21.20 must be appointed for terms that expire August 1, 1995. Members 21.21 of the board serve until the expiration of the term to which 21.22 they have been appointed or until their successors have 21.23 qualified. A person may not be appointed to serve more than two 21.24 consecutive terms. 21.25 (b) The board shall organize annually and select a chair 21.26 and vice-chair. 21.27 (c) Four members of the board, including two professional 21.28 members and two public members, constitute a quorum to do 21.29 business. 21.30 (d) The board shall hold at least two regular meetings each 21.31 year. Additional meetings may be held at the call of the chair 21.32 or at the written request of any three members of the board. At 21.33 least 14 days' written advance notice of the board meeting is 21.34 required. 21.35 (e) Board members receive compensation for their services 21.36 in accordance with section 15.0575. 22.1 Sec. 27. Minnesota Statutes 1996, section 161.1419, 22.2 subdivision 8, is amended to read: 22.3 Subd. 8. [EXPIRATION.] The commission shall expire on June 22.4 30,19972001. 22.5 Sec. 28. Minnesota Statutes 1996, section 175.008, is 22.6 amended to read: 22.7 175.008 [CODE ENFORCEMENT ADVISORY COUNCIL; CREATION.] 22.8 The commissioner shall appoint an 11 member advisory 22.9 council on code enforcement. The terms, compensation, removal 22.10 of council members, and expiration of the council are governed 22.11 by section 15.059, except that the advisory council shall not 22.12 expire before June 30,19952001. The council shall advise the 22.13 commissioner on matters within the council's expertise or under 22.14 the regulation of the commissioner. 22.15 Sec. 29. Minnesota Statutes 1996, section 178.02, 22.16 subdivision 2, is amended to read: 22.17 Subd. 2. [TERMS.] The council shall expire and the terms, 22.18 compensation and removal of appointed members shall be as 22.19 provided in section 15.059, except that the council shall not 22.20 expire before June 30,19952001. 22.21 Sec. 30. Minnesota Statutes 1996, section 182.656, 22.22 subdivision 3, is amended to read: 22.23 Subd. 3. A majority of the council members constitutes a 22.24 quorum. The council shall meet at the call of its chair, or 22.25 upon request of any six members. A tape recording of the 22.26 meeting with the tape being retained for a one-year period will 22.27 be available upon the request and payment of costs to any 22.28 interested party. The council shall expire and the terms, 22.29 compensation, and removal of members shall be as provided in 22.30 section 15.059, except that the council shall not expire before 22.31 June 30,19952001. 22.32 Sec. 31. Minnesota Statutes 1996, section 214.32, 22.33 subdivision 1, is amended to read: 22.34 Subdivision 1. [MANAGEMENT.] (a) A health professionals 22.35 services program committee is established, consisting of one 22.36 person appointed by each participating board, with each 23.1 participating board having one vote. The committee shall 23.2 designate one board to provide administrative management of the 23.3 program, set the program budget and the pro rata share of 23.4 program expenses to be borne by each participating board, 23.5 provide guidance on the general operation of the program, 23.6 including hiring of program personnel, and ensure that the 23.7 program's direction is in accord with its authority. No more 23.8 than half plus one of the members of the committee may be of one 23.9 gender. 23.10 (b) The designated board, upon recommendation of the health 23.11 professional services program committee, shall hire the program 23.12 manager and employees and pay expenses of the program from funds 23.13 appropriated for that purpose. The designated board may apply 23.14 for grants to pay program expenses and may enter into contracts 23.15 on behalf of the program to carry out the purposes of the 23.16 program. The participating boards shall enter into written 23.17 agreements with the designated board. 23.18 (c) An advisory committee is established to advise the 23.19 program committee consisting of: 23.20 (1) one member appointed by each of the following: the 23.21 Minnesota Academy of Physician Assistants, the Minnesota Dental 23.22 Association, the Minnesota Chiropractic Association, the 23.23 Minnesota Licensed Practical Nurse Association, the Minnesota 23.24 Medical Association, the Minnesota Nurses Association, and the 23.25 Minnesota Podiatric Medicine Association; 23.26 (2) one member appointed by each of the professional 23.27 associations of the other professions regulated by a 23.28 participating board not specified in clause (1); and 23.29 (3) two public members, as defined by section 214.02. 23.30 Members of the advisory committee shall be appointed for two 23.31 years and members may be reappointed. 23.32 No more than half plus one of the members of the committee 23.33 may be of one gender. 23.34 The advisory committee expires June 30,19972001. 23.35 Sec. 32. Minnesota Statutes 1996, section 245.697, 23.36 subdivision 1, is amended to read: 24.1 Subdivision 1. [CREATION.] A state advisory council on 24.2 mental health is created. The council must have 30 members 24.3 appointed by the governor in accordance with federal 24.4 requirements. The council must be composed of: 24.5 (1) the assistant commissioner of mental health for the 24.6 department of human services; 24.7 (2) a representative of the department of human services 24.8 responsible for the medical assistance program; 24.9 (3) one member of each of the four core mental health 24.10 professional disciplines (psychiatry, psychology, social work, 24.11 nursing); 24.12 (4) one representative from each of the following advocacy 24.13 groups: mental health association of Minnesota, Minnesota 24.14 alliance for the mentally ill, and Minnesota mental health law 24.15 project; 24.16 (5) providers of mental health services; 24.17 (6) consumers of mental health services; 24.18 (7) family members of persons with mental illnesses; 24.19 (8) legislators; 24.20 (9) social service agency directors; 24.21 (10) county commissioners; and 24.22 (11) other members reflecting a broad range of community 24.23 interests, as the United States Secretary of Health and Human 24.24 Services may prescribe by regulation or as may be selected by 24.25 the governor. 24.26 The council shall select a chair. Terms, compensation, and 24.27 removal of members and filling of vacancies are governed by 24.28 section 15.059.The council does not expire as provided in24.29section 15.059.Notwithstanding provisions of section 15.059, 24.30 the council and its subcommittee on children's mental health do 24.31 not expire. The commissioner of human services shall provide 24.32 staff support and supplies to the council. 24.33 Sec. 33. Minnesota Statutes 1996, section 254A.035, 24.34 subdivision 2, is amended to read: 24.35 Subd. 2. [MEMBERSHIP TERMS, COMPENSATION, REMOVAL AND 24.36 EXPIRATION.] The membership of this council shall be composed of 25.1 17 persons who are American Indians and who are appointed by the 25.2 commissioner. The commissioner shall appoint one representative 25.3 from each of the following groups: Red Lake Band of Chippewa 25.4 Indians; Fond du Lac Band, Minnesota Chippewa Tribe; Grand 25.5 Portage Band, Minnesota Chippewa Tribe; Leech Lake Band, 25.6 Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa 25.7 Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 25.8 Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; 25.9 Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton 25.10 Sioux Indian Reservation; Upper Sioux Indian Reservation; 25.11 International Falls Northern Range; Duluth Urban Indian 25.12 Community; and two representatives from the Minneapolis Urban 25.13 Indian Community and two from the St. Paul Urban Indian 25.14 Community. The terms, compensation, and removal of American 25.15 Indian advisory council members shall be as provided in section 25.16 15.059. The council expires June 30,19972001. 25.17 Sec. 34. Minnesota Statutes 1996, section 254A.04, is 25.18 amended to read: 25.19 254A.04 [CITIZENS ADVISORY COUNCIL.] 25.20 There is hereby created an alcohol and other drug abuse 25.21 advisory council to advise the department of human services 25.22 concerning the problems of alcohol and other drug dependency and 25.23 abuse, composed of ten members. Five members shall be 25.24 individuals whose interests or training are in the field of 25.25 alcohol dependency and abuse; and five members whose interests 25.26 or training are in the field of dependency and abuse of drugs 25.27 other than alcohol. The terms, compensation and removal of 25.28 members shall be as provided in section 15.059. The council 25.29 expires June 30,19972001. The commissioner of human services 25.30 shall appoint members whose terms end in even-numbered years. 25.31 The commissioner of health shall appoint members whose terms end 25.32 in odd-numbered years. 25.33 Sec. 35. [EFFECTIVE DATE.] 25.34 This act is effective June 30, 1997.