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Minnesota Legislature

Office of the Revisor of Statutes

SF 1377

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to state government; revising certain laws governing state boards
and advisory groups; amending Minnesota Statutes 2006, sections 15.059,
subdivision 5; 16B.055, subdivision 1; 16B.181, subdivision 2; 16C.17; 21.112;
43A.318, subdivision 1; 62J.693, subdivision 2; 129D.04, subdivision 1; 240.18,
subdivision 4; 245.71; 245.97, by adding a subdivision; 252.282, subdivision
5; 256C.28, subdivision 1; 353D.01, subdivision 1; 354C.12, subdivision 4;
356A.02, subdivision 1; repealing Minnesota Statutes 2006, sections 3.884;
16B.055, subdivisions 2, 3; 16B.65, subdivision 5; 16B.76; 18B.305, subdivision
3; 43A.318, subdivision 3; 62J.692, subdivision 2; 115.54; 115A.9651,
subdivision 5; 116C.93; 116O.091, subdivision 7; 125B.21; 145.9266,
subdivisions 6, 7; 175.008; 241.021, subdivision 4b; 242.56, subdivision
3; 245.699; 252.282, subdivision 4; 256B.0625, subdivision 13a; 256B.77,
subdivision 23; 299A.293; 299A.331; 326.41; 352.98, subdivision 6; 354B.25,
subdivision 1a; 611A.25; 611A.361.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

GENERAL LAWS GOVERNING BOARDS AND ADVISORY GROUPS

Section 1.

Minnesota Statutes 2006, section 15.059, subdivision 5, is amended to read:


Subd. 5.

Expiration date.

(a) Unless a different date is specified by law, the
existence of each advisory council and committee expires on the date specified in the law
establishing the group or on June 30, deleted text begin2003deleted text endnew text begin 2009new text end, whichever is sooner. This subdivision
applies whether or not the law establishing the group provides that the group is governed
by this section.new text begin The secretary of state must notify the primary appointing authority or
chair of an advisory council or committee of its scheduled expiration before the start of
the annual legislative session immediately preceding the group's scheduled expiration.
new text end

(b) An advisory council or committee does not expire in accordance with paragraph
(a) if it:

(1) is an occupational licensure advisory group to a licensing board or agency;

(2) administers and awards grants; or

(3) is required by federal law or regulation.

ARTICLE 2

REPEAL OF EXPIRED ADVISORY GROUPS

Section 1.

Minnesota Statutes 2006, section 16B.055, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Governor's Advisory Council on Technology for People with
Disabilities.
deleted text end new text begin Federal Assistive Technology Act. new text end

new text begin(a) new text endThe Department of Administration
deleted text begin shall serve as the lead agency to assist the Minnesota Governor's Advisory Council on
Technology for People with Disabilities in carrying out all responsibilities pursuant to
United States Code, title 29, section 2211 et seq., and any other responsibilities related
to that program
deleted text endnew text begin is designated as the lead agency to carry out all the responsibilities
under the Assistive Technology Act of 1998, as provided by Public Law 108-364, as
amended. The Minnesota Assistive Technology Advisory Council is established to fulfill
the responsibilities required by the Assistive Technology Act, as provided by Public Law
108-364, as amended. Because the existence of this council is required by federal law, this
council does not expire and the expiration date provided in section 15.059, subdivision
5, does not apply
new text end.

new text begin (b) The governor shall appoint the membership of the council as required by the
Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended.
After the governor has completed the appointments required by this subdivision, the
commissioner of administration, or the commissioner's designee, shall convene the first
meeting of the council following the appointments. Members shall serve two-year
terms commencing July 1 of each odd-numbered year, and receive the compensation
specified by the Assistive Technology Act of 1998, as provided by Public Law 108-364, as
amended. The members of the council shall select their chair at the first meeting following
their appointment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 16B.181, subdivision 2, is amended to read:


Subd. 2.

Public entities; purchases from corrections industries.

(a) The
commissioner of corrections, in consultation with the commissioner of administration,
shall prepare updated lists of the items available for purchase from Department of
Corrections industries and annually forward a copy of the most recent list to all public
entities within the state. A public entity that is supported in whole or in part with funds
from the state treasury may purchase items directly from corrections industries. The bid
solicitation process is not required for these purchases.

(b) The commissioner of administration shall develop a contract or contracts
to enable public entities to purchase items directly from corrections industries. The
commissioner of administration, in consultation with the commissioner of corrections,
shall determine the fair market price for listed items. The commissioner of administration
shall require that all requests for bids or proposals, for items provided by corrections
industries, be forwarded to the commissioner of corrections to enable corrections industries
to submit bids. The commissioner of corrections shall consult with the commissioner of
administration prior to introducing new products to the state agency market.

(c) No public entity may evade the intent of this section by adopting slight variations
in specifications, when Minnesota corrections industry items meet the reasonable needs
and specifications of the public entity.

(d) The commissioners of administration and corrections shall develop annual
performance measures outlining goals to maximize inmate work program participation.
deleted text begin The commissioners of administration and corrections shall appoint cochairs for a task
force whose purpose is to determine additional methods to achieve the performance
goals for public entity purchasing. The task force shall include representatives from the
Minnesota House of Representatives, Minnesota Senate, the Minnesota State Colleges and
Universities, University of Minnesota, Minnesota League of Cities, Minnesota Association
of Counties, and administrators with purchasing responsibilities from the Minnesota state
Departments of Corrections, Public Safety, Finance, Transportation, Natural Resources,
Human Services, Health, and Employment and Economic Development. Notwithstanding
section 15.059, the task force created in this paragraph expires on June 30, 2003.
deleted text end

(e) If performance goals for public entity purchasing are not achieved in two
consecutive fiscal years, public entities shall purchase items available from corrections
industries. The commissioner of administration shall be responsible for notifying public
entities of this requirement.

Sec. 3.

Minnesota Statutes 2006, section 16C.17, is amended to read:


16C.17 ENCOURAGEMENT OF PARTICIPATIONdeleted text begin; ADVISORY COUNCILdeleted text end.

Subdivision 1.

deleted text beginCommissioner of administrationdeleted text endnew text begin Commissioners' dutiesnew text end.

The
commissioners of administration and employment and economic development shall
publicize the provisions of the purchasing programs in sections 16C.16 to 16C.21,
attempt to locate small businesses or small targeted group businesses able to perform
under the programs, and encourage participation through education, technical assistance,
mentoring, and other means. When the commissioner of administration determines that
a small business or small targeted group business is unable to perform under a program
established in sections 16C.16 to 16C.21, the commissioner shall inform the commissioner
of employment and economic development who shall assist the small business or small
targeted group business in attempting to remedy the causes of the inability to perform the
award. In assisting the small business or small targeted group business, the commissioner
of employment and economic development in cooperation with the commissioner of
administration shall use management or financial assistance programs made available by
or through the Department of Employment and Economic Development, other state or
governmental agencies, or private sources.

deleted text begin Subd. 2. deleted text end

deleted text begin Advisory council. deleted text end

deleted text begin The Small Business Procurement Advisory Council
consists of 13 members appointed by the commissioner of administration. A chair of the
advisory council shall be elected from among the members. The appointments are subject
to the appointments program provided by section deleted text begin15.0597deleted text end. The terms, compensation, and
removal of members are as provided in section deleted text begin15.059deleted text end. Notwithstanding section deleted text begin15.059deleted text end,
the council expires June 30, 2003.
deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Duties. deleted text end

deleted text begin The Small Business Procurement Advisory Council shall:
deleted text end

deleted text begin (1) advise the commissioner of administration on matters relating to the small
business and small targeted group business procurement program;
deleted text end

deleted text begin (2) review complaints or grievances from small businesses and small targeted group
businesses who are doing or attempting to do business under the program; and
deleted text end

deleted text begin (3) review the reports of the commissioners of administration and employment
and economic development provided by section deleted text begin16C.18deleted text end to ensure compliance with the
goals of the program.
deleted text end

Sec. 4.

Minnesota Statutes 2006, section 21.112, is amended to read:


21.112 COMMISSIONER, DUTIES; SEED POTATOES.

Subdivision 1.

Duties, employees.

The commissioner shall provide the means and
direct the work for the inspection, certification, promotion of quality, and creation of
demand and sale of seed potatoes. The commissioner may enter into contracts and ground
leases for planting and growing potatoes outside of the state for experimental and research
purposes. The commissioner shall provide such forms as are necessary and keep a record
of the work performed, and shall appoint, designate, or employ such officers, inspectors,
and employees as may be deemed necessary and fix their compensation.

deleted text begin Subd. 2. deleted text end

deleted text begin Advisory seed potato certification task force. deleted text end

deleted text begin The commissioner may
appoint an advisory seed potato certification task force. If the task force is appointed
each member shall be a grower in Minnesota of certified seed potatoes. The terms,
compensation and removal of members shall be as provided in section deleted text begin15.059deleted text end. The task
force shall expire June 30, 2003.
deleted text end

Sec. 5.

Minnesota Statutes 2006, section 43A.318, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) Scope. For the purposes of this section, the terms
defined have the meaning given them.

deleted text begin (b) deleted text beginAdvisory committee; committee.deleted text end "Advisory committee" or "committee" means
the committee created under subdivision 3.
deleted text end

deleted text begin (c) deleted text beginCommittee member; member.deleted text end "Committee member" or "member" means a
person serving on the advisory committee created under subdivision 3.
deleted text end

deleted text begin (d)deleted text endnew text begin (b)new text end Eligible person. "Eligible person" means:

(1) a person who is eligible for insurance and benefits under section 43A.24;

(2) a person who at the time of separation from employment was eligible to purchase
coverage at personal expense under section 43A.27, subdivision 3, regardless of whether
the person elected to purchase this coverage;

(3) a spouse of a person described in clause (1) or (2), regardless of the enrollment
status in the program of the person described in clause (1) or (2); or

(4) a parent of a person described in clause (1), regardless of the enrollment status in
the program of the person described in clause (1).

deleted text begin (e)deleted text endnew text begin (c)new text end Program. "Program" means the statewide public employees long-term care
insurance program created under subdivision 2.

deleted text begin (f)deleted text endnew text begin (d)new text end Qualified vendor. "Qualified vendor" means an entity licensed or authorized
to underwrite, provide, or administer group long-term care insurance benefits in this state.

Sec. 6.

Minnesota Statutes 2006, section 129D.04, subdivision 1, is amended to read:


Subdivision 1.

Authority.

The board shall through the following activities stimulate
and encourage the creation, performance and appreciation of the arts in the state:

(1) receive and consider any requests for grants, loans or other forms of assistance;

(2) advise and serve as a technical resource at the request of sponsoring organizations
and political subdivisions in the state on programs relating to the arts;

(3) advise and recommend on existing or proposed activities of the departments
of the state relating to the arts;

(4) accept gifts and grants to the board and distribute the same in accordance with
the instructions of the donor insofar as the instructions are consistent with law;

(5) promulgate by rule procedures to be followed by the board in receiving and
reviewing requests for grants, loans or other forms of assistance;

(6) promulgate by rule standards consistent with this chapter to be followed by the
board in the distribution of grants, loans, and other forms of assistance;

(7) distribute according to the above procedures and standards grants, loans, and
other forms of assistance for artistic activities to departments and agencies of the state,
political subdivisions, sponsoring organizations and, in appropriate cases, to individuals
engaged in the creation or performance of the arts; provided that a member of the board
shall not participate in deliberations or voting on assistance to groups or persons in which
that member has an interest as officer, director, employee, or recipient;

(8) appoint advisory committees new text beginfor a term of no more than four years new text endwhich the
board determines are essential to the performance of its powers and duties under this
section; provided that no member of an advisory committee shall serve on a committee to
which the member has an application pending for a grant, loan, or other form of assistance
from the board or its predecessor;

(9) serve as a fiscal agent to disburse appropriations for regional arts councils
throughout the state.

Sec. 7.

Minnesota Statutes 2006, section 240.18, subdivision 4, is amended to read:


Subd. 4.

Rules; advisory committees.

The commission shall adopt rules governing
the distribution of the fund. deleted text beginThe commission may establish advisory committees to
advise it on the distribution of money under this section, provided that the members of
an advisory committee shall serve without compensation.
deleted text end

Sec. 8.

Minnesota Statutes 2006, section 245.71, is amended to read:


245.71 CONDITIONS TO FEDERAL AID FOR MENTALLY ILL.

Subdivision 1.

Federal aid or block grants.

The commissioner of human services
may comply with all conditions and requirements necessary to receive federal aid or
block grants with respect to the establishment, construction, maintenance, equipment or
operation, for all the people of this state, of adequate facilities and services as specified
in section 245.70.

deleted text begin Subd. 2. deleted text end

deleted text begin Planning council. deleted text end

deleted text begin The commissioner may establish a state Mental Health
Services Planning Council to advise on matters relating to coordination of mental health
services among state agencies, the unmet needs for services, including services for
minorities or other underserved groups, and the allocation and adequacy of mental health
services within the state. The commissioner may establish special committees within the
planning council authority to address the needs of special population groups. Members of
a state advisory planning council must be broadly representative of other state agencies
involved with mental health, service providers, advocates, consumers, local elected
officials, age groups, underserved and minority groups, and geographic areas of the state.
deleted text end

Sec. 9.

Minnesota Statutes 2006, section 245.97, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Duration. new text end

new text begin The committee does not expire and the expiration date provided
in section 15.059, subdivision 5, does not apply to this section.
new text end

Sec. 10.

Minnesota Statutes 2006, section 252.282, subdivision 5, is amended to read:


Subd. 5.

Responsibilities of commissioner.

(a) In collaboration with countiesdeleted text begin,deleted text endnew text begin andnew text end
providers, deleted text beginand the statewide advisory committee,deleted text end the commissioner shall ensure that
services recognize the preferences and needs of persons with developmental disabilities
and related conditions through a recurring systemic review and assessment of ICF/MR
facilities within the state.

(b) The commissioner shall publish a notice in the State Register no less than
biannually to announce the opportunity for counties or providers to submit requests for
payment rate adjustments associated with plans for downsizing, relocation, and closure of
ICF/MR facilities.

(c) The commissioner shall designate funding parameters to counties and to the
statewide advisory committee for the overall implementation of system needs within the
fiscal resources allocated by the legislature.

(d) The commissioner shall contract with ICF/MR providers. deleted text beginThe initial contracts
shall cover the period from October 1, 2000, to December 31, 2001. Subsequent
deleted text end Contracts
shall be for two-year periods deleted text beginbeginning January 1, 2002deleted text end.

Sec. 11.

Minnesota Statutes 2006, section 256C.28, subdivision 1, is amended to read:


Subdivision 1.

Membership.

The Minnesota Commission Serving Deaf and
Hard-of-hearing People consists of seven members appointed at large and one member
from each advisory committee established under section 256C.24, subdivision 3. At least
50 percent of the members must be deaf or deaf-blind or hard of hearing. Members shall
include persons who are deaf, deaf-blind, and hard of hearing, parents of children who are
deaf, deaf-blind, and hard of hearing, and representatives of county and regional human
services, including representatives of private service providers. Commission members
are appointed by the governor for a three-year term and shall serve no more than two
consecutive terms. The commission shall select one member as chair. new text beginNotwithstanding
section 15.059, the commission does not expire.
new text end

Sec. 12.

Minnesota Statutes 2006, section 353D.01, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

The public employees defined contribution plan
is administered by the Public Employees Retirement Association under supervision of
the association board of trustees. deleted text beginTo assist it in governing the operations of the plan,
the board may appoint an advisory committee of not more than nine members who are
representative of the employers and employees who participate in the plan.
deleted text end

Sec. 13. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 3.884; 16B.055, subdivisions 2 and 3; 16B.65,
subdivision 5; 16B.76; 18B.305, subdivision 3; 43A.318, subdivision 3; 62J.692,
subdivision 2; 115.54; 115A.9651, subdivision 5; 116C.93; 116O.091, subdivision 7;
125B.21; 145.9266, subdivisions 6 and 7; 175.008; 241.021, subdivision 4b; 242.56,
subdivision 3; 245.699; 252.282, subdivision 4; 256B.0625, subdivision 13a; 256B.77,
subdivision 23; 299A.293; 299A.331; 326.41; 352.98, subdivision 6; 354B.25, subdivision
1a; 611A.25; and 611A.361,
new text end new text begin are repealed.
new text end

ARTICLE 3

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2006, section 62J.693, subdivision 2, is amended to read:


Subd. 2.

Grant application process.

(a) The commissioner of health shall make
recommendations for a process for the submission, review, and approval of research
grant applications. The process shall give priority for grants to applications that are
intended to gather preliminary data for submission for a subsequent proposal for funding
from a federal agency or foundation, which awards research money on a competitive,
peer-reviewed basis. Grant recipients must be able to demonstrate the ability to comply
with federal regulations on human subjects research in accordance with Code of Federal
Regulations, title 45, section 46, and shall conduct the proposed research. Grants may be
awarded to the University of Minnesota, the Mayo Clinic, or any other public or private
organization in the state involved in medical research. The commissioner shall report to
the legislature by January 15, 2000, with recommendations.

(b) The commissioner may deleted text beginconsult with the Medical Education and Research
Advisory Committee established in section 62J.692 in developing these recommendations
or may
deleted text end appoint a research advisory committee to provide advice and oversight on the
grant application process. If the commissioner appoints a research advisory committee,
the committee shall be governed by section 15.059 for membership terms and removal of
members.

Sec. 2.

Minnesota Statutes 2006, section 354C.12, subdivision 4, is amended to read:


Subd. 4.

Administrative expenses.

(a) The Board of Trustees of the Minnesota
State Colleges and Universities is authorized to pay the necessary and reasonable
administrative expenses of the supplemental retirement plan and may bill participants to
recover these expenses. The administrative fees or charges may be charged to participants
as an annual fee, an asset-based fee, a percentage of contributions to the plan, or a
contribution thereof.

(b) Any recovered or assessed amounts that are not needed for the necessary and
reasonable administrative expenses of the plan must be refunded to member accounts.

(c) The Board of Trustees shall report annually, before October 1, to the deleted text beginadvisory
committee created in section 354B.25, subdivision 1a,
deleted text endnew text begin legislaturenew text end on administrative
expenses of the plan. The report must include a detailed accounting of charges
for administrative expenses collected from plan participants and expenditure of the
administrative expense charges. The administrative expense charges collected from plan
participants must be kept in a separate account from any other funds under control of the
Board of Trustees and may be used only for the necessary and reasonable administrative
expenses of the plan.

Sec. 3.

Minnesota Statutes 2006, section 356A.02, subdivision 1, is amended to read:


Subdivision 1.

Fiduciary status.

For purposes of this chapter, the following persons
are fiduciaries:

(1) any member of the governing board of a covered pension plan;

(2) the chief administrative officer of a covered pension plan or of the State Board
of Investment;

(3) any member of the State Board of Investment;new text begin and
new text end

(4) any member of the Investment Advisory Councildeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (5) any member of the advisory committee established under section deleted text begin354B.25deleted text end.
deleted text end