as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; rulemaking; enacting, 1.3 eliminating, continuing, or modifying certain 1.4 exemptions from the rulemaking requirements of the 1.5 administrative procedures act; making technical and 1.6 conforming changes; amending Minnesota Statutes 1996, 1.7 sections 14.03, subdivision 3, and by adding a 1.8 subdivision; 14.386; 14.47, subdivision 1; 15.50, 1.9 subdivision 2; 16A.632, subdivision 2; 16B.18, 1.10 subdivision 3; 16D.11, subdivision 7; 17.03, 1.11 subdivision 10; 17.54, subdivision 4; 17.56, 1.12 subdivision 2; 17.57, subdivision 1; 17.64, 1.13 subdivision 2; 18.022, subdivision 9; 18.0227, 1.14 subdivision 3; 32.394, subdivision 12; 41B.07; 41C.13; 1.15 43A.182; 48.221; 50.175, subdivision 2; 51A.361; 1.16 52.17, subdivision 2; 53.07, subdivision 1; 60A.13, 1.17 subdivision 6; 60K.19, subdivision 6; 61B.21, 1.18 subdivision 1; 62E.10, subdivision 8; 62J.04, 1.19 subdivision 1; 62J.152, subdivision 4; 62L.13, 1.20 subdivision 3; 62N.23; 62N.25, subdivision 6; 65B.28, 1.21 subdivision 3; 79.34, subdivisions 1 and 2a; 79.362; 1.22 84.98, subdivision 2; 85.045, subdivision 3; 85A.02, 1.23 subdivision 5b; 85A.05, subdivision 2; 88.80, 1.24 subdivision 2; 97A.085, subdivision 4a; 115A.11, 1.25 subdivision 2; 115A.20; 115A.58, subdivision 2; 1.26 116.17, subdivision 2; 116.44, subdivision 1; 116C.06, 1.27 subdivision 1; 116O.05, subdivision 3; 123.3514, 1.28 subdivision 8; 124.41, subdivision 2; 124.46, 1.29 subdivision 2; 124.648, subdivision 3; 128C.02, 1.30 subdivision 4, and by adding a subdivision; 129C.10, 1.31 subdivision 3; 136A.40; 145.925, subdivision 9; 1.32 147A.26; 148B.66, subdivision 3; 148C.03, subdivision 1.33 1; 150A.04, subdivision 5; 152.02, subdivision 12; 1.34 153A.15, subdivision 3; 161.1231, subdivision 5; 1.35 167.50, subdivision 2; 169.06, subdivision 1; 169.452; 1.36 169.99, subdivision 2; 171.321, subdivision 2; 174.51, 1.37 subdivision 2; 176.102, subdivision 2; 176A.08; 1.38 182.655, subdivision 1; 216D.03, subdivision 2; 1.39 240A.02, subdivision 2; 244.13, subdivision 1; 1.40 245.494, subdivision 1; 245A.09, subdivision 10; 1.41 256.027; 256.9357, subdivision 3; 256.9685, 1.42 subdivision 1; 256.969, subdivision 3a; 256B.0625, 1.43 subdivision 25; 256B.431, subdivision 2e; 256B.434, 1.44 subdivision 12; 256B.501, subdivision 10; 256B.502; 1.45 256B.503; 273.112, subdivision 6a; 299C.155, 1.46 subdivisions 2 and 3; 299F.093, subdivision 1; 2.1 325F.665, subdivision 6; 346.58; 347.51, subdivision 2.2 2a; 401.03; 458A.03, subdivision 2; 475A.06, 2.3 subdivision 2; 507.09; 518.14, subdivision 2; 518.611, 2.4 subdivision 9; 518.613, subdivision 6; 518.64, 2.5 subdivision 5; 518.641, subdivision 4; 624.22, 2.6 subdivision 1; and 624.7151; Laws 1988, chapter 688, 2.7 article 21, section 7, subdivision 1; and Laws 1991, 2.8 chapter 265, article 4, section 28; proposing coding 2.9 for new law in Minnesota Statutes, chapter 14; 2.10 repealing Minnesota Statutes 1996, sections 14.38, 2.11 subdivisions 5, 6, 7, 8, and 9; 14.387; 126.56, 2.12 subdivision 8; 469.173, subdivision 2; and 469.308, 2.13 subdivision 2. 2.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.15 ARTICLE 1 2.16 EXEMPTIONS ELIMINATED OR NO LONGER NEEDED; 2.17 RULEMAKING REQUIRED 2.18 Section 1. Minnesota Statutes 1996, section 32.394, 2.19 subdivision 12, is amended to read: 2.20 Subd. 12. [WATER TESTING GUIDELINES.] The commissioner of 2.21 agriculture, in consultation with the commissioner of health, 2.22 shall establish guidelines for the testing required under 2.23 section 32.394, subdivision 11, clause (3).The guidelines are2.24not subject to chapter 14.2.25 Sec. 2. Minnesota Statutes 1996, section 41B.07, is 2.26 amended to read: 2.27 41B.07 [RULES.] 2.28 The authority may adopt rules for the efficient 2.29 administration of sections 41B.01 to 41B.23.The rules need not2.30be adopted in compliance with chapter 14.2.31 Sec. 3. Minnesota Statutes 1996, section 41C.13, is 2.32 amended to read: 2.33 41C.13 [RULES.] 2.34 The authority may adopt rules for the efficient 2.35 administration of this chapter.The rules need not be adopted2.36in compliance with chapter 14.2.37 Sec. 4. Minnesota Statutes 1996, section 43A.182, is 2.38 amended to read: 2.39 43A.182 [PAYMENT OF SALARY DIFFERENTIAL FOR RESERVE FORCES 2.40 ON ACTIVE DUTY.] 2.41 Each agency head shall pay to each eligible member of the 2.42 reserve components of the armed forces of the United States an 3.1 amount equal to the difference between the member's basic active 3.2 duty military salary and the salary the member would be paid as 3.3 an active state employee, including any adjustments the member 3.4 would have received if not on leave of absence. This payment 3.5 may be made only to a person whose basic active duty military 3.6 salary is less than the salary the person would be paid as an 3.7 active state employee. Payments must be made at the intervals 3.8 at which the member received pay as a state employee. Back pay 3.9 authorized by this section may be paid in a lump sum. Such pay 3.10 shall not extend beyond four years from the date the employee 3.11 was called to active duty plus such additional time in each case 3.12 as such employee may be required to serve pursuant to law. 3.13 An eligible member of the reserve components of the armed 3.14 forces of the United States is a reservist or National Guard 3.15 member who was an employee of the state of Minnesota at the time 3.16 the member was called to active duty and who was or is called to 3.17 active duty after August 1, 1990, because of Operation Desert 3.18 Shield, Operation Desert Storm, or any other action taken by the 3.19 armed forces relating to hostilities between the United States 3.20 and the Republic of Iraq. 3.21 For the purposes of this section, an employee of the state 3.22 is an employee of the executive, judicial, or legislative 3.23 branches of state government or an employee of the Minnesota 3.24 state retirement system, the public employee retirement 3.25 association, or the teachers retirement association. 3.26 The commissioner of employee relations and the commissioner 3.27 of finance shall adopt procedures required to implement this 3.28 section.The procedures are exempt from chapter 14.3.29 Sec. 5. Minnesota Statutes 1996, section 62J.04, 3.30 subdivision 1, is amended to read: 3.31 Subdivision 1. [LIMITS ON THE RATE OF GROWTH.] (a) The 3.32 commissioner of health shall set annual limits on the rate of 3.33 growth of public and private spending on health care services 3.34 for Minnesota residents, as provided in paragraph (b). The 3.35 limits on growth must be set at levels the commissioner 3.36 determines to be realistic and achievable but that will reduce 4.1 the rate of growth in health care spending by at least ten 4.2 percent per year for the next five years. The commissioner 4.3 shall set limits on growth based on available data on spending 4.4 and growth trends, including data from group purchasers, 4.5 national data on public and private sector health care spending 4.6 and cost trends, and trend information from other states. 4.7 (b) The commissioner shall set the following annual limits 4.8 on the rate of growth of public and private spending on health 4.9 care services for Minnesota residents: 4.10 (1) for calendar year 1994, the rate of growth must not 4.11 exceed the change in the regional consumer price index for urban 4.12 consumers for calendar year 1993 plus 6.5 percentage points; 4.13 (2) for calendar year 1995, the rate of growth must not 4.14 exceed the change in the regional consumer price index for urban 4.15 consumers for calendar year 1994 plus 5.3 percentage points; 4.16 (3) for calendar year 1996, the rate of growth must not 4.17 exceed the change in the regional consumer price index for urban 4.18 consumers for calendar year 1995 plus 4.3 percentage points; 4.19 (4) for calendar year 1997, the rate of growth must not 4.20 exceed the change in the regional consumer price index for urban 4.21 consumers for calendar year 1996 plus 3.4 percentage points; and 4.22 (5) for calendar year 1998, the rate of growth must not 4.23 exceed the change in the regional consumer price index for urban 4.24 consumers for calendar year 1997 plus 2.6 percentage points. 4.25 The commissioner shall adjust the growth limit set for 4.26 calendar year 1995 to recover savings in health care spending 4.27 required for the period July 1, 1993 to December 31, 1993. The 4.28 commissioner shall publish: 4.29 (1) the projected limits in the State Register by April 15 4.30 of the year immediately preceding the year in which the limit 4.31 will be effective except for the year 1993, in which the limit 4.32 shall be published by July 1, 1993; 4.33 (2) the quarterly change in the regional consumer price 4.34 index for urban consumers; and 4.35 (3) the health care financing administration forecast for 4.36 total growth in the national health care expenditures.In5.1setting an annual limit, the commissioner is exempt from the5.2rulemaking requirements of chapter 14. The commissioner's5.3decision on an annual limit is not appealable.5.4 Sec. 6. Minnesota Statutes 1996, section 62N.25, 5.5 subdivision 6, is amended to read: 5.6 Subd. 6. [SOLVENCY.] A community integrated service 5.7 network is exempt from the deposit, reserve, and solvency 5.8 requirements specified in sections 62D.041, 62D.042, 62D.043, 5.9 and 62D.044 and shall comply instead with sections 62N.27 to 5.10 62N.32.In applying sections 62N.27 to 62N.32, the commissioner5.11is exempt from the rulemaking requirements of chapter 14.5.12However,To the extent that there are analogous definitions or 5.13 procedures in chapter 62D or in rules promulgated thereunder, 5.14 the commissioner shall follow those existing provisions rather 5.15 than adopting a contrary approach or interpretation.This5.16rulemaking exemption shall expire on June 1, 1995.5.17 Sec. 7. Minnesota Statutes 1996, section 84.98, 5.18 subdivision 2, is amended to read: 5.19 Subd. 2. [PLAN.] (a) The commissioner of natural resources 5.20 shall develop a plan for the Minnesota conservation corps to 5.21 provide: 5.22 (1) equal opportunities of employment for youths with 5.23 preference given to youths who are economically, socially, 5.24 physically, or educationally disadvantaged and youths residing 5.25 in areas of substantial unemployment; 5.26 (2) equal opportunity for female and male youths; 5.27 (3) summer youth programs and year-round young adult 5.28 programs; 5.29 (4) ways in which exclusive bargaining representatives are 5.30 to be involved in regard to the planning and implementation of 5.31 positions and job duties of persons employed in projects; 5.32 (5) methods for coordinating the programs of the Minnesota 5.33 conservation corps with other publicly authorized or subsidized 5.34 programs in cooperation with the commissioners of children, 5.35 families, and learning and economic security, the workforce 5.36 development council, and other state and local youth service and 6.1 education entities; 6.2 (6) programs for participants to be assisted in gaining 6.3 employment or training upon completing the projects, including, 6.4 where feasible, in cooperation with the department of economic 6.5 security and educational agencies, arranging for career 6.6 assessment and planning services designed to enhance participant 6.7 transition from the Minnesota conservation corps to future 6.8 employment or education; 6.9 (7) a remedial education component utilizing, as resources 6.10 permit and where feasible, the services of the department of 6.11 economic security and educational agencies including instruction 6.12 in life skills and basic remedial skills for participants who 6.13 are deficient in the skills or who have not completed high 6.14 school; 6.15 (8) the manner of allocating the services of Minnesota 6.16 conservation corps members to the various divisions of the 6.17 department of natural resources, to other state, local, and 6.18 federal governmental conservation and natural resource managers, 6.19 and to federally recognized Indian tribes or bands; 6.20 (9) standards of conduct and other operating guidelines for 6.21 Minnesota conservation corps members; and 6.22 (10) a determination of preference for projects that will 6.23 provide long-term benefits to the public, will provide 6.24 productive work and public service experience to Minnesota 6.25 conservation corps members, will be primarily labor intensive, 6.26 and will provide a significant return on taxpayer investment. 6.27 (b)The commissioner shall establish the plan6.28notwithstanding chapter 14.No later than July 1, 1990, the 6.29 plan established under thisparagraphsubdivision shall be 6.30 adopted under the rulemaking provisions of chapter 14. 6.31 Sec. 8. Minnesota Statutes 1996, section 88.80, 6.32 subdivision 2, is amended to read: 6.33 Subd. 2. [PILOT PROJECT.] The commissioner shall establish 6.34 an aspen recycling program pilot project in the highest priority 6.35 area on state lands in order to develop effective program 6.36 procedures and practices. With respect to the pilot project, 7.1 the commissioner may restrict bidding on contracts for the 7.2 cutting, removal, and disposal of aspens, and for related 7.3 activities, to loggers and others residing in the pilot project 7.4 area designated under the program that are financially 7.5 distressed. The commissioner may establish standards and 7.6 procedures for awarding logging contracts, notwithstanding7.7chapter 14,relating to eligibility for employment for 7.8 conservation work projects. 7.9 Sec. 9. Minnesota Statutes 1996, section 115A.11, 7.10 subdivision 2, is amended to read: 7.11 Subd. 2. [PROCEDURE.] The plan and the procedures for 7.12 hearings on the plan are not subject to therulemaking or7.13 contested case provisions of chapter 14. Before revising the 7.14 draft plan or amending its adopted plan, the office shall 7.15 provide notice and hold a public meeting. 7.16 Sec. 10. Minnesota Statutes 1996, section 115A.20, is 7.17 amended to read: 7.18 115A.20 [EVALUATION OF SITES.] 7.19 The office shall not be required to promulgate rules 7.20 pursuant to chapter 14 to govern its evaluation and selection of 7.21 sites for commercial stabilization and containment facilities 7.22 under sections 115A.18 to 115A.30, nor shall the agency be 7.23 required to promulgate rules pursuant to chapter 14 on criteria 7.24 and standards to govern its certification of intrinsic 7.25 suitability of sites for commercial stabilization and 7.26 containment facilities under sections 115A.18 to 115A.30. In 7.27 evaluating and selecting sites for stabilization and containment 7.28 facilities, the office shall consider at least the following 7.29 factors: 7.30 (a) economic feasibility, including proximity to 7.31 concentrations of generators of the types of hazardous wastes 7.32 likely to be proposed and permitted for stabilization and 7.33 containment; 7.34 (b) intrinsic suitability of the sites; 7.35 (c) federal and state pollution control and environmental 7.36 protection rules; 8.1 (d) the risk and effect for local residents, units of 8.2 government, and the local public health, safety, and welfare, 8.3 including such dangers as an accidental release of wastes during 8.4 transportation to a facility or at a facility, water, air, and 8.5 land pollution, and fire or explosion; 8.6 (e) the consistency of a facility with, and its effect on, 8.7 existing and planned local land use and development; local laws, 8.8 ordinances, and permits; and local public facilities and 8.9 services; 8.10 (f) the adverse effects of a facility at the site on 8.11 agriculture and natural resources and opportunities to mitigate 8.12 or eliminate such adverse effects by stipulations, conditions, 8.13 and requirements respecting the design and operation of a 8.14 disposal facility at the proposed site. 8.15 No land shall be excluded from consideration except land 8.16 determined by the agency to be intrinsically unsuitable for the 8.17 use intended. 8.18 Nothing in this section shall be construed as granting the 8.19 office an exemption from the rulemaking requirements of chapter 8.20 14 if the agency adopts statements of general applicability and 8.21 future effect, including amendments, suspensions, and repeals of 8.22 rules, adopted to implement or make specific the law enforced or 8.23 administered by the agency or to govern the organization and 8.24 procedure. 8.25 Sec. 11. Minnesota Statutes 1996, section 116.44, 8.26 subdivision 1, is amended to read: 8.27 Subdivision 1. [LIST OF AREAS.] By January 1, 1983, the 8.28 pollution control agency shall publish a preliminary list of 8.29 counties determined to contain natural resources sensitive to 8.30 the impacts of acid deposition. Sensitive areas shall be 8.31 designated on the basis of: 8.32 (a) the presence of plants and animal species which are 8.33 sensitive to acid deposition; 8.34 (b) geological information identifying those areas which 8.35 have insoluble bedrock which is incapable of adequately 8.36 neutralizing acid deposition; and 9.1 (c) existing acid deposition reports and data prepared by 9.2 the pollution control agency and the federal environmental 9.3 protection agency. The pollution control agency shall conduct 9.4 public meetings on the preliminary list of acid deposition 9.5 sensitive areas. Meetings shall be concluded by March 1, 1983, 9.6 and a final list published by May 1, 1983.The list shall not9.7be subject to the rulemaking or contested case provisions of9.8chapter 14.9.9 Sec. 12. Minnesota Statutes 1996, section 123.3514, 9.10 subdivision 8, is amended to read: 9.11 Subd. 8. [TRANSPORTATION.] A parent or guardian of a pupil 9.12 enrolled in a course for secondary credit may apply to the 9.13 pupil's district of residence for reimbursement for transporting 9.14 the pupil between the secondary school in which the pupil is 9.15 enrolled or the pupil's home and the post-secondary institution 9.16 that the pupil attends. The commissioner shall establish 9.17 guidelines for providing state aid to districts to reimburse the 9.18 parent or guardian for the necessary transportation costs, which 9.19 shall be based on financial need. The reimbursement may not 9.20 exceed the pupil's actual cost of transportation or 15 cents per 9.21 mile traveled, whichever is less. Reimbursement may not be paid 9.22 for more than 250 miles per week. However, if the nearest 9.23 post-secondary institution is more than 25 miles from the 9.24 pupil's resident secondary school, the weekly reimbursement may 9.25 not exceed the reimbursement rate per mile times the actual 9.26 distance between the secondary school or the pupil's home and 9.27 the nearest post-secondary institution times ten. The state 9.28 shall pay aid to the district according to the guidelines 9.29 established under this subdivision.Chapter 14 does not apply9.30to the guidelines.9.31 Sec. 13. Minnesota Statutes 1996, section 129C.10, 9.32 subdivision 3, is amended to read: 9.33 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 9.34 the powers necessary for the care, management, and control of 9.35 the Lola and Rudy Perpich Minnesota center for arts education 9.36 and all its real and personal property. The powers shall 10.1 include, but are not limited to, those listed in this 10.2 subdivision. 10.3 (b) The board may employ and discharge necessary employees, 10.4 and contract for other services to ensure the efficient 10.5 operation of the center for arts education. 10.6 (c) The board may receive and award grants. The board may 10.7 establish a charitable foundation and accept, in trust or 10.8 otherwise, any gift, grant, bequest, or devise for educational 10.9 purposes and hold, manage, invest, and dispose of them and the 10.10 proceeds and income of them according to the terms and 10.11 conditions of the gift, grant, bequest, or devise and its 10.12 acceptance. The board shall adopt internal procedures to 10.13 administer and monitor aids and grants. 10.14 (d) The board may establish or coordinate evening, 10.15 continuing education, extension, and summer programs for 10.16 teachers and pupils. 10.17 (e) The board may identify pupils who have artistic talent, 10.18 either demonstrated or potential, in dance, literary arts, media 10.19 arts, music, theater, and visual arts, or in more than one art 10.20 form. 10.21 (f) The board shall educate pupils with artistic talent by 10.22 providing: 10.23 (1) an interdisciplinary academic and arts program for 10.24 pupils in the 11th and 12th grades. The total number of pupils 10.25 accepted under this clause and clause (2) shall not exceed 300; 10.26 (2) additional instruction to pupils for a 13th grade. 10.27 Pupils eligible for this instruction are those enrolled in 12th 10.28 grade who need extra instruction and who apply to the board, or 10.29 pupils enrolled in the 12th grade who do not meet learner 10.30 outcomes established by the board. Criteria for admission into10.31the 13th grade shall not be subject to chapter 14; 10.32 (3) intensive arts seminars for one or two weeks for pupils 10.33 in grades 9 to 12; 10.34 (4) summer arts institutes for pupils in grades 9 to 12; 10.35 (5) artist mentor and extension programs in regional sites; 10.36 and 11.1 (6) teacher education programs for indirect curriculum 11.2 delivery. 11.3 (g) The board may determine the location for the Lola and 11.4 Rudy Perpich Minnesota center for arts education and any 11.5 additional facilities related to the center, including the 11.6 authority to lease a temporary facility. 11.7 (h) The board must plan for the enrollment of pupils on an 11.8 equal basis from each congressional district. 11.9 (i) The board may establish task forces as needed to advise 11.10 the board on policies and issues. The task forces expire as 11.11 provided in section 15.059, subdivision 6. 11.12 (j) The board may request the commissioner of children, 11.13 families, and learning for assistance and services. 11.14 (k) The board may enter into contracts with other public 11.15 and private agencies and institutions for residential and 11.16 building maintenance services if it determines that these 11.17 services could be provided more efficiently and less expensively 11.18 by a contractor than by the board itself. The board may also 11.19 enter into contracts with public or private agencies and 11.20 institutions, school districts or combinations of school 11.21 districts, or service cooperatives to provide supplemental 11.22 educational instruction and services. 11.23 (l) The board may provide or contract for services and 11.24 programs by and for the center for arts education, including a 11.25 store, operating in connection with the center; theatrical 11.26 events; and other programs and services that, in the 11.27 determination of the board, serve the purposes of the center. 11.28 (m) The board may provide for transportation of pupils to 11.29 and from the center for arts education for all or part of the 11.30 school year, as the board considers advisable and subject to its 11.31 rules. Notwithstanding any other law to the contrary, the board 11.32 may charge a reasonable fee for transportation of pupils. Every 11.33 driver providing transportation of pupils under this paragraph 11.34 must possess all qualifications required by the state board of 11.35 education. The board may contract for furnishing authorized 11.36 transportation under rules established by the commissioner of 12.1 children, families, and learning and may purchase and furnish 12.2 gasoline to a contract carrier for use in the performance of a 12.3 contract with the board for transportation of pupils to and from 12.4 the center for arts education. When transportation is provided, 12.5 scheduling of routes, establishment of the location of bus 12.6 stops, the manner and method of transportation, the control and 12.7 discipline of pupils, and any other related matter is within the 12.8 sole discretion, control, and management of the board. 12.9 (n) The board may provide room and board for its pupils. 12.10 If the board provides room and board, it shall charge a 12.11 reasonable fee for the room and board. The fee is not subject 12.12 to chapter 14 and is not a prohibited fee according to sections 12.13 120.71 to 120.76. 12.14 (o) The board may establish and set fees for services and 12.15 programs without regard to chapter 14. If the board sets fees 12.16 not authorized or prohibited by the Minnesota public school fee 12.17 law, it may do so without complying with the requirements of 12.18 section 120.75, subdivision 1. 12.19 Sec. 14. Minnesota Statutes 1996, section 169.452, is 12.20 amended to read: 12.21 169.452 [ACCIDENT AND SERIOUS INCIDENT REPORTING.] 12.22 The department of public safety shall develop uniform 12.23 definitions of a school bus accident, an incident of serious 12.24 misconduct, and an incident that results in personal injury or 12.25 death. The department shall determine what type of information 12.26 on school bus accidents and incidents, including criminal 12.27 conduct, and bus driver dismissals for cause should be collected 12.28 and develop a uniform accident and incident reporting form to 12.29 collect those data, including data relating to type III 12.30 vehicles, statewide. In addition to the form, the department 12.31 shall have an alternative method of reporting that allows school 12.32 districts to use computer technology to provide the required 12.33 information. School districts shall report the information 12.34 required by the department using either format. A school 12.35 district must not be charged for reporting forms or reporting 12.36 procedures under this section. Data collected under this 13.1 section shall be analyzed to help develop accident, crime, and 13.2 misconduct prevention programs.This section is not subject to13.3chapter 14.13.4 Sec. 15. Minnesota Statutes 1996, section 216D.03, 13.5 subdivision 2, is amended to read: 13.6 Subd. 2. [ESTABLISHMENT OF NOTIFICATION CENTER.] (a) The 13.7 notification center services must be provided by a nonprofit 13.8 corporation approved in writing by the commissioner. A group or 13.9 nonprofit corporation that intends to seek approval under this 13.10 paragraph shall notify the commissioner by September 1, 1987, of 13.11 the date, time, and location of its first meeting. The 13.12 commissioner shall provide advance notice of the first 13.13 organizational meeting by publication in qualified legal 13.14 newspapers and in appropriate trade journals and by written 13.15 notice to all appropriate trade associations. 13.16 The nonprofit corporation must be governed by a board of 13.17 directors of up to 20 members, one of whom is the director of 13.18 the office of pipeline safety. The other board members must 13.19 represent and be elected by operators, excavators, and other 13.20 persons eligible to participate in the center. By November 1, 13.21 1987, the board shall, with input from all interested parties, 13.22 determine the operating procedures and technology needed for a 13.23 single statewide notification center and establish a 13.24 notification process and competitive bidding procedure to select 13.25 a vendor to provide the notification service. In deciding to 13.26 approve a nonprofit corporation, the commissioner shall consider 13.27 whether it meets the requirements of this paragraph and whether 13.28 it demonstrates that it has the ability to contract for and 13.29 implement the notification center service. 13.30 (b)If the commissioner has not approved a nonprofit13.31corporation under paragraph (a) by January 1, 1988, the13.32commissioner shall follow the procedure in this paragraph. The13.33commissioner shall prepare a preliminary draft of operating13.34procedures and technology needed for a statewide notification13.35center and the method for assessing the cost of the service13.36among operators. After holding at least one public hearing on14.1the preliminary draft following notice given in the manner14.2required by paragraph (a), the commissioner shall adopt final14.3operating procedures, technology, and assessment methods. The14.4preliminary draft, public hearings, and final adoption are not14.5subject to chapter 14. By June 1, 1988, the commissioner shall14.6select a vendor to provide the notification center service. The14.7commissioner shall advertise for bids as provided in section14.816B.07, subdivision 3, and base the selection of a vendor on an14.9identification of the lowest responsible bidder as provided in14.10section 16B.09, subdivision 1. The commissioner shall select14.11and contract with the vendor to provide the notification center14.12service, but all costs of the center must be paid by the14.13operators.The commissioner may at any time appoint a task 14.14 force to advise on the renewal of the contract or any other 14.15 matter involving the center's operations. 14.16 (c) The notification center must be in operation by October 14.17 1, 1988. An operator may submit a bid and be selected to 14.18 contract to provide the notification center service under 14.19 paragraph (a) or (b). The commissioner shall annually review 14.20 the services provided by the nonprofit corporation approved 14.21 under paragraph (a) or the vendor selected under paragraph (b). 14.22 Sec. 16. Minnesota Statutes 1996, section 245.494, 14.23 subdivision 1, is amended to read: 14.24 Subdivision 1. [CHILDREN'S CABINET.] The children's 14.25 cabinet, in consultation with the integrated fund task force, 14.26 shall: 14.27 (1) assist local children's mental health collaboratives in 14.28 meeting the requirements of sections 245.491 to 245.496, by 14.29 seeking consultation and technical assistance from national 14.30 experts and coordinating presentations and assistance from these 14.31 experts to local children's mental health collaboratives; 14.32 (2) assist local children's mental health collaboratives in 14.33 identifying an economically viable operational target 14.34 population; 14.35 (3) develop methods to reduce duplication and promote 14.36 coordinated services including uniform forms for reporting, 15.1 billing, and planning of services; 15.2 (4) by September 1, 1994, develop a model multiagency plan 15.3 of care that can be used by local children's mental health 15.4 collaboratives in place of an individual education plan, 15.5 individual family community support plan, individual family 15.6 support plan, and an individual treatment plan; 15.7 (5) assist in the implementation and operation of local 15.8 children's mental health collaboratives by facilitating the 15.9 integration of funds, coordination of services, and measurement 15.10 of results, and by providing other assistance as needed; 15.11 (6)by July 1, 1993, develop a procedure for awarding15.12start-up funds. Development of this procedure shall be exempt15.13from chapter 14;15.14(7)develop procedures and provide technical assistance to 15.15 allow local children's mental health collaboratives to integrate 15.16 resources for children's mental health services with other 15.17 resources available to serve children in the target population 15.18 in order to maximize federal participation and improve 15.19 efficiency of funding; 15.20(8)(7) ensure that local children's mental health 15.21 collaboratives and the services received through these 15.22 collaboratives meet the requirements set out in sections 245.491 15.23 to 245.496; 15.24(9)(8) identify base level funding from state and federal 15.25 sources across systems; 15.26(10)(9) explore ways to access additional federal funds 15.27 and enhance revenues available to address the needs of the 15.28 target population; 15.29(11)(10) develop a mechanism for identifying the state 15.30 share of funding for services to children in the target 15.31 population and for making these funds available on a per capita 15.32 basis for services provided through the local children's mental 15.33 health collaborative to children in the target population. Each 15.34 year beginning January 1, 1994, forecast the growth in the state 15.35 share and increase funding for local children's mental health 15.36 collaboratives accordingly; 16.1(12)(11) identify barriers to integrated service systems 16.2 that arise from data practices and make recommendations 16.3 including legislative changes needed in the data practices act 16.4 to address these barriers; and 16.5(13)(12) annually review the expenditures of local 16.6 children's mental health collaboratives to ensure that funding 16.7 for services provided to the target population continues from 16.8 sources other than the federal funds earned under sections 16.9 245.491 to 245.496 and that federal funds earned are spent 16.10 consistent with sections 245.491 to 245.496. 16.11 Sec. 17. Minnesota Statutes 1996, section 256.027, is 16.12 amended to read: 16.13 256.027 [USE OF VANS PERMITTED.] 16.14 The commissioner, after consultation with the commissioner 16.15 of public safety, shall prescribe procedures to permit the 16.16 occasional use of lift-equipped vans that have been financed, in 16.17 whole or in part, by public money to transport an individual 16.18 whose own lift-equipped vehicle is unavailable because of 16.19 equipment failure and who is thus unable to complete a trip home 16.20 or to a medical facility.For purposes of prescribing these16.21procedures, the commissioner is exempt from the provisions of16.22chapter 14.The commissioner shall encourage publicly financed 16.23 lift-equipped vans to be made available to a county sheriff's 16.24 department, and to other persons who are qualified to drive the 16.25 vans and who are also qualified to assist the individual in need 16.26 of transportation, for this purpose. 16.27 Sec. 18. Minnesota Statutes 1996, section 256.9357, 16.28 subdivision 3, is amended to read: 16.29 Subd. 3. [PERIOD UNINSURED.] To be eligible for subsidized 16.30 premium payments based on a sliding scale, families and 16.31 individuals initially enrolled in the MinnesotaCare program 16.32 under section 256.9354, subdivisions 4 and 5, must have had no 16.33 health coverage for at least four months prior to application. 16.34 The commissioner may change this eligibility criterion for 16.35 sliding scale premiumswithout complying with rulemaking16.36requirementsin order to remain within the limits of available 17.1 appropriations. The requirement of at least four months of no 17.2 health coverage prior to application for the MinnesotaCare 17.3 program does not apply to: 17.4 (1) families, children, and individuals who want to apply 17.5 for the MinnesotaCare program upon termination from the medical 17.6 assistance program, general assistance medical care program, or 17.7 coverage under a regional demonstration project for the 17.8 uninsured funded under section 256B.73, the Hennepin county 17.9 assured care program, or the Group Health, Inc., community 17.10 health plan; 17.11 (2) families and individuals initially enrolled under 17.12 section 256.9354, subdivisions 1, paragraph (a), and 2; 17.13 (3) children enrolled pursuant to Laws 1992, chapter 549, 17.14 article 4, section 17; or 17.15 (4) individuals currently serving or who have served in the 17.16 military reserves, and dependents of these individuals, if these 17.17 individuals: (i) reapply for MinnesotaCare coverage after a 17.18 period of active military service during which they had been 17.19 covered by the Civilian Health and Medical Program of the 17.20 Uniformed Services (CHAMPUS); (ii) were covered under 17.21 MinnesotaCare immediately prior to obtaining coverage under 17.22 CHAMPUS; and (iii) have maintained continuous coverage. 17.23 Sec. 19. Minnesota Statutes 1996, section 256.9685, 17.24 subdivision 1, is amended to read: 17.25 Subdivision 1. [AUTHORITY.] The commissioner shall 17.26 establish procedures for determining medical assistance and 17.27 general assistance medical care payment rates under a 17.28 prospective payment system for inpatient hospital services in 17.29 hospitals that qualify as vendors of medical assistance. The 17.30 commissioner shall establish, by rule, procedures for 17.31 implementing this section and sections 256.9686, 256.969, and 17.32 256.9695. The medical assistance payment rates must be based on 17.33 methods and standards that the commissioner finds are adequate 17.34 to provide for the costs that must be incurred for the care of 17.35 recipients in efficiently and economically operated hospitals. 17.36 Services must meet the requirements of section 256B.04, 18.1 subdivision 15, or 256D.03, subdivision 7, paragraph (b), to be 18.2 eligible for payment.except the commissioner may establish18.3exemptions to specific requirements based on diagnosis,18.4procedure, or service after notice in the State Register and a18.530-day comment period.18.6 Sec. 20. Minnesota Statutes 1996, section 256.969, 18.7 subdivision 3a, is amended to read: 18.8 Subd. 3a. [PAYMENTS.] Acute care hospital billings under 18.9 the medical assistance program must not be submitted until the 18.10 recipient is discharged. However, the commissioner shall 18.11 establish monthly interim payments for inpatient hospitals that 18.12 have individual patient lengths of stay over 30 days regardless 18.13 of diagnostic category.To establish interim rates, the18.14commissioner is exempt from the requirements of chapter 14.18.15 Medical assistance reimbursement for treatment of mental illness 18.16 shall be reimbursed based on diagnostic classifications. The 18.17 commissioner may selectively contract with hospitals for 18.18 services within the diagnostic categories relating to mental 18.19 illness and chemical dependency under competitive bidding when 18.20 reasonable geographic access by recipients can be assured. No 18.21 physician shall be denied the privilege of treating a recipient 18.22 required to use a hospital under contract with the commissioner, 18.23 as long as the physician meets credentialing standards of the 18.24 individual hospital. Individual hospital payments established 18.25 under this section and sections 256.9685, 256.9686, and 18.26 256.9695, in addition to third party and recipient liability, 18.27 for discharges occurring during the rate year shall not exceed, 18.28 in aggregate, the charges for the medical assistance covered 18.29 inpatient services paid for the same period of time to the 18.30 hospital. This payment limitation shall be calculated 18.31 separately for medical assistance and general assistance medical 18.32 care services. The limitation on general assistance medical 18.33 care shall be effective for admissions occurring on or after 18.34 July 1, 1991. Services that have rates established under 18.35 subdivision 11 or 12, must be limited separately from other 18.36 services. After consulting with the affected hospitals, the 19.1 commissioner may consider related hospitals one entity and may 19.2 merge the payment rates while maintaining separate provider 19.3 numbers. The operating and property base rates per admission or 19.4 per day shall be derived from the best Medicare and claims data 19.5 available when rates are established. The commissioner shall 19.6 determine the best Medicare and claims data, taking into 19.7 consideration variables of recency of the data, audit 19.8 disposition, settlement status, and the ability to set rates in 19.9 a timely manner. The commissioner shall notify hospitals of 19.10 payment rates by December 1 of the year preceding the rate 19.11 year. The rate setting data must reflect the admissions data 19.12 used to establish relative values. Base year changes from 1981 19.13 to the base year established for the rate year beginning January 19.14 1, 1991, and for subsequent rate years, shall not be limited to 19.15 the limits ending June 30, 1987, on the maximum rate of increase 19.16 under subdivision 1. The commissioner may adjust base year 19.17 cost, relative value, and case mix index data to exclude the 19.18 costs of services that have been discontinued by the October 1 19.19 of the year preceding the rate year or that are paid separately 19.20 from inpatient services. Inpatient stays that encompass 19.21 portions of two or more rate years shall have payments 19.22 established based on payment rates in effect at the time of 19.23 admission unless the date of admission preceded the rate year in 19.24 effect by six months or more. In this case, operating payment 19.25 rates for services rendered during the rate year in effect and 19.26 established based on the date of admission shall be adjusted to 19.27 the rate year in effect by the hospital cost index. 19.28 Sec. 21. Minnesota Statutes 1996, section 256B.0625, 19.29 subdivision 25, is amended to read: 19.30 Subd. 25. [PRIOR AUTHORIZATION REQUIRED.] The commissioner 19.31 shall publish in the State Register a list of health services 19.32 that require prior authorization, as well as the criteria and 19.33 standards used to select health services on the list.The list19.34and the criteria and standards used to formulate it are not19.35subject to the requirements of sections 14.001 to 14.69. The19.36commissioner's decision whether prior authorization is required20.1for a health service is not subject to administrative appeal.20.2 Sec. 22. Minnesota Statutes 1996, section 273.112, 20.3 subdivision 6a, is amended to read: 20.4 Subd. 6a. The commissioner of revenue shall develop and 20.5 issue guidelines for qualification by private golf clubs under 20.6 this section covering the access to and use of the golf course 20.7 by members and other adults so as to be consistent with the 20.8 purposes and terms of this section. The guidelines shall be 20.9 mailed to the county attorney and assessor of each county not 20.10 later than 60 days following May 26, 1989. Within 15 days of 20.11 receipt of the guidelines from the commissioner, the assessor 20.12 shall mail a copy of the guidelines to each golf club in the 20.13 county.The guidelines issued under this subdivision are not20.14subject to the administrative procedure act under chapter 14.20.15 Sec. 23. Minnesota Statutes 1996, section 299C.155, 20.16 subdivision 2, is amended to read: 20.17 Subd. 2. [UNIFORM EVIDENCE COLLECTION.] The bureau shall 20.18 develop uniform procedures and protocols for collecting evidence 20.19 in cases of alleged or suspected criminal sexual conduct, 20.20 including procedures and protocols for the collection and 20.21 preservation of human biological specimens for DNA analysis. 20.22 Law enforcement agencies and medical personnel who conduct 20.23 evidentiary exams shall use the uniform procedures and protocols 20.24 in their investigation of criminal sexual conduct offenses.The20.25uniform procedures and protocols developed under this20.26subdivision are not subject to the rulemaking provisions of20.27chapter 14.20.28 Sec. 24. Minnesota Statutes 1996, section 299C.155, 20.29 subdivision 3, is amended to read: 20.30 Subd. 3. [DNA ANALYSIS AND DATA BANK.] The bureau shall 20.31 adopt uniform procedures and protocols to maintain, preserve, 20.32 and analyze human biological specimens for DNA. The bureau 20.33 shall establish a centralized system to cross-reference data 20.34 obtained from DNA analysis.The uniform procedures and20.35protocols developed under this subdivision are not subject to20.36the rulemaking provisions of chapter 14.21.1 Sec. 25. Minnesota Statutes 1996, section 299F.093, 21.2 subdivision 1, is amended to read: 21.3 Subdivision 1. [DUTIES; RULES.] (a) The commissioner shall: 21.4 (1) adopt rules no later than July 1, 1987, with the advice 21.5 of the hazardous substance notification advisory committee, 21.6 establishing the form and content of the hazardous substance 21.7 notification report form, as required by section 299F.094, and 21.8 describing one or more hazard categories with specified ranges 21.9 of quantities in each hazard category, representing increments 21.10 of substantially increased risk; 21.11 (2) print and provide to individual fire departments the 21.12 requested number of hazardous substance notification reports, 21.13 which must be made available to a fire department no more than 21.14 90 days following its request, for the fire department to mail 21.15 or otherwise make available to employers in the jurisdiction; 21.16 (3) report to the legislature, as needed, on the 21.17 effectiveness of sections 299F.091 to 299F.099 and recommend 21.18 amendments to sections 299F.091 to 299F.099 that are considered 21.19 necessary; 21.20 (4) adopt rules to implement sections 299F.091 to 299F.099, 21.21 compatible with the Minnesota Uniform Fire Code so as to not 21.22 limit the authority of local fire officials under that code; and 21.23 (5) adopt rules that are based on the most recent standard 21.24 704, adopted by the National Fire Protection Association, and 21.25 that allow a fire department to require employers within its 21.26 jurisdiction to post signs conforming to standard 704, and 21.27 indicating the presence of hazardous substances. If the signs 21.28 are required, a fire department shall supply the signs or 21.29 provide information to assist an employer to obtain them. 21.30 (b) The commissioner shall adopt criteria and guidelines, 21.31 with the concurrence of the hazardous substance notification 21.32 advisory committee, for the disbursement of funds pursuant to 21.33 Laws 1986, First Special Session chapter 1, article 10, section 21.34 20, subdivision 1.These criteria and guidelines are exempt21.35from the Minnesota administrative procedure act.21.36 Sec. 26. Minnesota Statutes 1996, section 624.22, 22.1 subdivision 1, is amended to read: 22.2 Subdivision 1. [GENERAL REQUIREMENTS; PERMIT; 22.3 INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 shall not 22.4 prohibit the supervised display of fireworks by a statutory or 22.5 home rule charter city, fair association, amusement park, or 22.6 other organization, except that: 22.7 (1) a fireworks display may be conducted only when 22.8 supervised by an operator certified by the state fire marshal; 22.9 and 22.10 (2) a fireworks display must either be given by a 22.11 municipality or fair association within its own limits, or by 22.12 any other organization, whether public or private, only after a 22.13 permit for the display has first been secured. 22.14 (b) Every application for such a permit shall be made in 22.15 writing to the municipal clerk at least 15 days in advance of 22.16 the date of the display and shall list the name of an operator 22.17 who (1) is certified by the state fire marshal and (2) will 22.18 supervise the display. The application shall be promptly 22.19 referred to the chief of the fire department who shall make an 22.20 investigation to determine whether the operator of the display 22.21 is competent and is certified by the state fire marshal, and 22.22 whether the display is of such a character and is to be so 22.23 located, discharged, or fired that it will not be hazardous to 22.24 property or endanger any person. The fire chief shall report 22.25 the results of this investigation to the clerk. If the fire 22.26 chief reports that the operator is certified, that in the 22.27 chief's opinion the operator is competent, and that the 22.28 fireworks display as planned will conform to the safety 22.29 guidelines of the state fire marshal provided for in paragraph 22.30 (e), the clerk shall issue a permit for the display when the 22.31 applicant pays a permit fee. 22.32 (c) When the supervised fireworks display for which a 22.33 permit is sought is to be held outside the limits of an 22.34 incorporated municipality, the application shall be made to the 22.35 county auditor and the duties imposed by sections 624.20 to 22.36 624.25 upon the clerk of the municipality shall be performed in 23.1 such case by the county auditor. The duties imposed on the fire 23.2 chief of the municipality by sections 624.20 to 624.25 shall be 23.3 performed in such case by the county sheriff. 23.4 (d) After such permit shall have been granted, sales, 23.5 possession, use and distribution of fireworks for such display 23.6 shall be lawful for that purpose only. No permit so granted 23.7 shall be transferable. 23.8 (e) By January 1, 1996, the state fire marshal shall adopt 23.9 and disseminate to political subdivisions reasonable guidelines 23.10 on fireworks display safety, which are exempt from chapter 14,23.11 that are consistent with sections 624.20 to 624.25 and the most 23.12 recent editions of the Minnesota Uniform Fire Code and the 23.13 National Fire Protection Association Standards, to insure that 23.14 fireworks displays are given safely. In the guidelines, the 23.15 state fire marshal shall allow political subdivisions to exempt 23.16 the use of relatively safe fireworks for theatrical special 23.17 effects, ceremonial occasions, and other limited purposes, as 23.18 determined by the state fire marshal. 23.19 Sec. 27. Laws 1988, chapter 688, article 21, section 7, 23.20 subdivision 1, is amended to read: 23.21 Subdivision 1. [REVOLVING LOAN FUND.] $1,000,000 is 23.22 appropriated from the general fund to the commissioner of 23.23 agriculture to be credited to a revolving loan account for 23.24 low-interest loans to farmers to adopt sustainable agriculture 23.25 practices. Money in the account does not cancel but is 23.26 appropriated to the commissioner of agriculture to make 23.27 low-interest loans to farmers under this subdivision. 23.28Notwithstanding chapter 14,The commissioner shall prescribe 23.29 procedures for application and implementation of the program. 23.30 Sec. 28. Laws 1991, chapter 265, article 4, section 28, is 23.31 amended to read: 23.32 Sec. 28. [COMMISSIONER OF EDUCATION TO ESTABLISH 23.33 ELIGIBILITY STANDARDS.] 23.34 The commissioner of education shall establish standards to 23.35 determine the eligibility of an individual to take a GED test at 23.36 a reduced cost.The standards shall be established without24.1rulemaking under Minnesota Statutes, chapter 14.The standards 24.2 shall include the following: 24.3 (1) the individual shall have resided in Minnesota at least 24.4 90 days; 24.5 (2) the individual is not currently enrolled in a program 24.6 leading to a high school diploma; and 24.7 (3) the individual shall not take more than three tests at 24.8 a reduced cost. 24.9 Sec. 29. [EFFECT OF ELIMINATION OF EXEMPTION AUTHORITY.] 24.10 The elimination of rulemaking exemption authority in this 24.11 article does not affect the validity of agency statements of 24.12 general applicability and future effect adopted before the 24.13 effective date of this section to implement or make specific the 24.14 law enforced or administered by the agency or to govern its 24.15 organization or procedure. 24.16 Sec. 30. [REPEALER.] 24.17 Minnesota Statutes 1996, section 126.56, subdivision 8, is 24.18 repealed. 24.19 Sec. 31. [EFFECTIVE DATE.] 24.20 This article is effective June 30, 1997. 24.21 ARTICLE 2 24.22 EXEMPTIONS ELIMINATED; COVERAGE UNDER GENERIC EXEMPTIONS 24.23 Section 1. Minnesota Statutes 1996, section 17.03, 24.24 subdivision 10, is amended to read: 24.25 Subd. 10. [GIFTS; PUBLICATION FEES; ADVERTISING; 24.26 APPROPRIATION.] (a) The commissioner may accept for and on 24.27 behalf of the state any gift, bequest, devise, grant, or 24.28 interest in money or personal property of any kind tendered to 24.29 the state for any purpose pertaining to the activities of the 24.30 department of agriculture or any of its divisions. 24.31 (b) The commissioner may charge a fee for reports, 24.32 publications, or other promotional or informational material 24.33 produced by the department of agriculture. The commissioner may 24.34 solicit and accept advertising revenue for any departmental 24.35 publications or promotional materials. 24.36 (c) The fees collected by the commissioner under this 25.1 section are to recover all or part of the costs of providing 25.2 services for which the fees are paid.These fees are not25.3subject to chapter 14 or section 16A.1285.25.4 (d) Money received by the commissioner for these activities 25.5 may be credited to one or more special accounts in the state 25.6 treasury. Money in those special accounts is annually 25.7 appropriated to the commissioner to provide the services for 25.8 which the money was received. 25.9 Sec. 2. Minnesota Statutes 1996, section 62N.23, is 25.10 amended to read: 25.11 62N.23 [TECHNICAL ASSISTANCE; LOANS.] 25.12 (a) The commissioner shall provide technical assistance to 25.13 parties interested in establishing or operating a community 25.14 integrated service network or an integrated service network. 25.15 This shall be known as the integrated service network technical 25.16 assistance program (ISNTAP). 25.17 The technical assistance program shall offer seminars on 25.18 the establishment and operation of community integrated service 25.19 networks or integrated service networks in all regions of 25.20 Minnesota. The commissioner shall advertise these seminars in 25.21 local and regional newspapers, and attendance at these seminars 25.22 shall be free. 25.23 The commissioner shall write a guide to establishing and 25.24 operating a community integrated service network or an 25.25 integrated service network. The guide must provide basic 25.26 instructions for parties wishing to establish a community 25.27 integrated service network or an integrated service network. 25.28 The guide must be provided free of charge to interested 25.29 parties. The commissioner shall update this guide when 25.30 appropriate. 25.31 The commissioner shall establish a toll-free telephone line 25.32 that interested parties may call to obtain assistance in 25.33 establishing or operating a community integrated service network 25.34 or an integrated service network. 25.35 (b) The commissioner shall grant loans for organizational 25.36 and start-up expenses to entities forming community integrated 26.1 service networks or integrated service networks, or to networks 26.2 less than one year old, to the extent of any appropriation for 26.3 that purpose. The commissioner shall allocate the available 26.4 funds among applicants based upon the following criteria, as 26.5 evaluated by the commissioner within the commissioner's 26.6 discretion: 26.7 (1) the applicant's need for the loan; 26.8 (2) the likelihood that the loan will foster the formation 26.9 or growth of a network; and 26.10 (3) the likelihood of repayment. 26.11 The commissioner shall determine any necessary application 26.12 deadlines and formsand is exempt from rulemaking in doing so. 26.13 Sec. 3. Minnesota Statutes 1996, section 129C.10, 26.14 subdivision 3, is amended to read: 26.15 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 26.16 the powers necessary for the care, management, and control of 26.17 the Lola and Rudy Perpich Minnesota center for arts education 26.18 and all its real and personal property. The powers shall 26.19 include, but are not limited to, those listed in this 26.20 subdivision. 26.21 (b) The board may employ and discharge necessary employees, 26.22 and contract for other services to ensure the efficient 26.23 operation of the center for arts education. 26.24 (c) The board may receive and award grants. The board may 26.25 establish a charitable foundation and accept, in trust or 26.26 otherwise, any gift, grant, bequest, or devise for educational 26.27 purposes and hold, manage, invest, and dispose of them and the 26.28 proceeds and income of them according to the terms and 26.29 conditions of the gift, grant, bequest, or devise and its 26.30 acceptance. The board shall adopt internal procedures to 26.31 administer and monitor aids and grants. 26.32 (d) The board may establish or coordinate evening, 26.33 continuing education, extension, and summer programs for 26.34 teachers and pupils. 26.35 (e) The board may identify pupils who have artistic talent, 26.36 either demonstrated or potential, in dance, literary arts, media 27.1 arts, music, theater, and visual arts, or in more than one art 27.2 form. 27.3 (f) The board shall educate pupils with artistic talent by 27.4 providing: 27.5 (1) an interdisciplinary academic and arts program for 27.6 pupils in the 11th and 12th grades. The total number of pupils 27.7 accepted under this clause and clause (2) shall not exceed 300; 27.8 (2) additional instruction to pupils for a 13th grade. 27.9 Pupils eligible for this instruction are those enrolled in 12th 27.10 grade who need extra instruction and who apply to the board, or 27.11 pupils enrolled in the 12th grade who do not meet learner 27.12 outcomes established by the board. Criteria for admission into 27.13 the 13th grade shall not be subject to chapter 14; 27.14 (3) intensive arts seminars for one or two weeks for pupils 27.15 in grades 9 to 12; 27.16 (4) summer arts institutes for pupils in grades 9 to 12; 27.17 (5) artist mentor and extension programs in regional sites; 27.18 and 27.19 (6) teacher education programs for indirect curriculum 27.20 delivery. 27.21 (g) The board may determine the location for the Lola and 27.22 Rudy Perpich Minnesota center for arts education and any 27.23 additional facilities related to the center, including the 27.24 authority to lease a temporary facility. 27.25 (h) The board must plan for the enrollment of pupils on an 27.26 equal basis from each congressional district. 27.27 (i) The board may establish task forces as needed to advise 27.28 the board on policies and issues. The task forces expire as 27.29 provided in section 15.059, subdivision 6. 27.30 (j) The board may request the commissioner of children, 27.31 families, and learning for assistance and services. 27.32 (k) The board may enter into contracts with other public 27.33 and private agencies and institutions for residential and 27.34 building maintenance services if it determines that these 27.35 services could be provided more efficiently and less expensively 27.36 by a contractor than by the board itself. The board may also 28.1 enter into contracts with public or private agencies and 28.2 institutions, school districts or combinations of school 28.3 districts, or service cooperatives to provide supplemental 28.4 educational instruction and services. 28.5 (l) The board may provide or contract for services and 28.6 programs by and for the center for arts education, including a 28.7 store, operating in connection with the center; theatrical 28.8 events; and other programs and services that, in the 28.9 determination of the board, serve the purposes of the center. 28.10 (m) The board may provide for transportation of pupils to 28.11 and from the center for arts education for all or part of the 28.12 school year, as the board considers advisable and subject to its 28.13 rules. Notwithstanding any other law to the contrary, the board 28.14 may charge a reasonable fee for transportation of pupils. Every 28.15 driver providing transportation of pupils under this paragraph 28.16 must possess all qualifications required by the state board of 28.17 education. The board may contract for furnishing authorized 28.18 transportation under rules established by the commissioner of 28.19 children, families, and learning and may purchase and furnish 28.20 gasoline to a contract carrier for use in the performance of a 28.21 contract with the board for transportation of pupils to and from 28.22 the center for arts education. When transportation is provided, 28.23 scheduling of routes, establishment of the location of bus 28.24 stops, the manner and method of transportation, the control and 28.25 discipline of pupils, and any other related matter is within the 28.26 sole discretion, control, and management of the board. 28.27 (n) The board may provide room and board for its pupils. 28.28 If the board provides room and board, it shall charge a 28.29 reasonable fee for the room and board. The fee is not subject 28.30 to chapter 14 and is not a prohibited fee according to sections 28.31 120.71 to 120.76. 28.32 (o) The board may establish and set fees for services and 28.33 programswithout regard to chapter 14. If the board sets fees 28.34 not authorized or prohibited by the Minnesota public school fee 28.35 law, it may do so without complying with the requirements of 28.36 section 120.75, subdivision 1. 29.1 Sec. 4. Minnesota Statutes 1996, section 147A.26, is 29.2 amended to read: 29.3 147A.26 [PROCEDURES.] 29.4 The board shall establish, in writing, internal operating 29.5 procedures for receiving and investigating complaints, accepting 29.6 and processing applications, granting registrations, and 29.7 imposing enforcement actions. The written internal operating 29.8 procedures may include procedures for sharing complaint 29.9 information with government agencies in this and other states. 29.10Establishment of the operating procedures are not subject to29.11rulemaking procedures under chapter 14.Procedures for sharing 29.12 complaint information must be consistent with the requirements 29.13 for handling government data under chapter 13. 29.14 Sec. 5. Minnesota Statutes 1996, section 148B.66, 29.15 subdivision 3, is amended to read: 29.16 Subd. 3. [EXCHANGING INFORMATION.] (a) The office of 29.17 mental health practice shall establish internal operating 29.18 procedures for: 29.19 (1) exchanging information with state boards; agencies, 29.20 including the office of ombudsman for mental health and mental 29.21 retardation; health related and law enforcement facilities; 29.22 departments responsible for licensing health related 29.23 occupations, facilities, and programs; and law enforcement 29.24 personnel in this and other states; and 29.25 (2) coordinating investigations involving matters within 29.26 the jurisdiction of more than one regulatory agency. 29.27Establishment of the operating procedures is not subject to29.28rulemaking under chapter 14.29.29 (b) The procedures for exchanging information must provide 29.30 for the forwarding to the entities described in paragraph (a), 29.31 clause (1), of information and evidence, including the results 29.32 of investigations, that are relevant to matters within the 29.33 regulatory jurisdiction of the organizations in paragraph (a). 29.34 The data have the same classification in the hands of the agency 29.35 receiving the data as they have in the hands of the agency 29.36 providing the data. 30.1 (c) The office of mental health practice shall establish 30.2 procedures for exchanging information with other states 30.3 regarding disciplinary action against licensed and unlicensed 30.4 mental health practitioners. 30.5 (d) The office of mental health practice shall forward to 30.6 another governmental agency any complaints received by the 30.7 office that do not relate to the office's jurisdiction but that 30.8 relate to matters within the jurisdiction of the other 30.9 governmental agency. The agency to which a complaint is 30.10 forwarded shall advise the office of mental health practice of 30.11 the disposition of the complaint. A complaint or other 30.12 information received by another governmental agency relating to 30.13 a statute or rule that the office of mental health practice is 30.14 empowered to enforce must be forwarded to the office to be 30.15 processed in accordance with this section. 30.16 (e) The office of mental health practice shall furnish to a 30.17 person who made a complaint a description of the actions of the 30.18 office relating to the complaint. 30.19 Sec. 6. Minnesota Statutes 1996, section 148C.03, 30.20 subdivision 1, is amended to read: 30.21 Subdivision 1. [GENERAL.] The commissioner shall, after 30.22 consultation with the advisory council or a subcommittee or the 30.23 special licensing criteria committee established under section 30.24 148C.11, subdivision 3, paragraph (b): 30.25 (a) adopt and enforce rules for licensure of alcohol and 30.26 drug counselors, including establishing standards and methods of 30.27 determining whether applicants and licensees are qualified under 30.28 section 148C.04. The rules must provide for examinations and 30.29 establish standards for the regulation of professional conduct. 30.30 The rules must be designed to protect the public; 30.31 (b) hold or contract for the administration of examinations 30.32 at least twice a year to assess applicants' knowledge and 30.33 skills. The examinations must be written and oral and may be 30.34 administered by the commissioner or by a private organization 30.35 under contract with the commissioner to administer the licensing 30.36 examinations. Examinations must minimize cultural bias and must 31.1 be balanced in various theories relative to practice of alcohol 31.2 and drug counseling; 31.3 (c) issue licenses to individuals qualified under sections 31.4 148C.01 to 148C.11; 31.5 (d) issue copies of the rules for licensure to all 31.6 applicants; 31.7 (e) adopt rules to establish and implement procedures, 31.8 including a standard disciplinary process and rules of 31.9 professional conduct; 31.10 (f) carry out disciplinary actions against licensees; 31.11 (g) establish, with the advice and recommendations of the 31.12 advisory council, written internal operating procedures for 31.13 receiving and investigating complaints and for taking 31.14 disciplinary actions as appropriate. Establishment of the31.15operating procedures are not subject to rulemaking procedures31.16under chapter 14; 31.17 (h) educate the public about the existence and content of 31.18 the rules for alcohol and drug counselor licensing to enable 31.19 consumers to file complaints against licensees who may have 31.20 violated the rules; 31.21 (i) evaluate the rules in order to refine and improve the 31.22 methods used to enforce the commissioner's standards; 31.23 (j) set, collect, and adjust license fees for alcohol and 31.24 drug counselors so that the total fees collected will as closely 31.25 as possible equal anticipated expenditures during the biennium, 31.26 as provided in section 16A.1285; fees for initial and renewal 31.27 application and examinations; late fees for counselors who 31.28 submit license renewal applications after the renewal deadline; 31.29 and a surcharge fee. The surcharge fee must include an amount 31.30 necessary to recover, over a five-year period, the 31.31 commissioner's direct expenditures for the adoption of the rules 31.32 providing for the licensure of alcohol and drug counselors. All 31.33 fees received shall be deposited in the state treasury and 31.34 credited to the special revenue fund; and 31.35 (k) prepare reports on activities related to the licensure 31.36 of alcohol and drug counselors according to this subdivision by 32.1 October 1 of each even-numbered year. Copies of the reports 32.2 shall be delivered to the legislature in accordance with section 32.3 3.195 and to the governor. The reports shall contain the 32.4 following information on the commissioner's activities relating 32.5 to the licensure of alcohol and drug counselors, for the 32.6 two-year period ending the previous June 30: 32.7 (1) a general statement of the activities; 32.8 (2) the number of staff hours spent on the activities; 32.9 (3) the receipts and disbursements of funds; 32.10 (4) the names of advisory council members and their 32.11 addresses, occupations, and dates of appointment and 32.12 reappointment; 32.13 (5) the names and job classifications of employees; 32.14 (6) a brief summary of rules proposed or adopted during the 32.15 reporting period with appropriate citations to the State 32.16 Register and published rules; 32.17 (7) the number of persons having each type of license 32.18 issued by the commissioner as of June 30 in the year of the 32.19 report; 32.20 (8) the locations and dates of the administration of 32.21 examinations by the commissioner; 32.22 (9) the number of persons examined by the commissioner with 32.23 the persons subdivided into groups showing age categories, sex, 32.24 and states of residency; 32.25 (10) the number of persons licensed by the commissioner 32.26 after taking the examinations referred to in clause (8) with the 32.27 persons subdivided by age categories, sex, and states of 32.28 residency; 32.29 (11) the number of persons not licensed by the commissioner 32.30 after taking the examinations referred to in clause (8) with the 32.31 persons subdivided by age categories, sex, and states of 32.32 residency; 32.33 (12) the number of persons not taking the examinations 32.34 referred to in clause (8) who were licensed by the commissioner 32.35 or who were denied licensing, the reasons for the licensing or 32.36 denial, and the persons subdivided by age categories, sex, and 33.1 states of residency; 33.2 (13) the number of persons previously licensed by the 33.3 commissioner whose licenses were revoked, suspended, or 33.4 otherwise altered in status with brief statements of the reasons 33.5 for the revocation, suspension, or alteration; 33.6 (14) the number of written and oral complaints and other 33.7 communications received by the commissioner which allege or 33.8 imply a violation of a statute or rule which the commissioner is 33.9 empowered to enforce; 33.10 (15) a summary, by specific category, of the substance of 33.11 the complaints and communications referred to in clause (14) 33.12 and, for each specific category, the responses or dispositions; 33.13 and 33.14 (16) any other objective information which the commissioner 33.15 believes will be useful in reviewing the commissioner's 33.16 activities. 33.17 Sec. 7. Minnesota Statutes 1996, section 153A.15, 33.18 subdivision 3, is amended to read: 33.19 Subd. 3. [PROCEDURES.] The commissioner shall establish, 33.20 in writing, internal operating procedures for receiving and 33.21 investigating complaints and imposing enforcement actions. The 33.22 written internal operating procedures may include procedures for 33.23 sharing complaint information with government agencies in this 33.24 and other states.Establishment of the operating procedures are33.25not subject to rulemaking procedures under chapter 14.33.26 Procedures for sharing complaint information must be consistent 33.27 with the requirements for handling government data under chapter 33.28 13. 33.29 Sec. 8. Minnesota Statutes 1996, section 169.99, 33.30 subdivision 2, is amended to read: 33.31 Subd. 2. [COMMISSIONER PRESCRIBES FORM.] The commissioner 33.32 of public safety shall prescribe the detailed form of the 33.33 uniform traffic ticket, and shall revise the uniform ticket on 33.34 such subsequent occasions as necessary and proper to keep the 33.35 uniform ticket in conformity with state and federal law.The33.36rulemaking provisions of chapter 14 do not apply to this34.1subdivision.34.2 Sec. 9. Minnesota Statutes 1996, section 244.13, 34.3 subdivision 1, is amended to read: 34.4 Subdivision 1. [ESTABLISHMENT.] The commissioner of 34.5 corrections shall establish programs for those designated by the 34.6 commissioner to serve all or part of a sentence on intensive 34.7 community supervision or all or part of a supervised release or 34.8 parole term on intensive supervised release. The adoption and 34.9 modification of policies and procedures to implement sections 34.10 244.05, subdivision 6, and 244.12 to 244.15 are not subject to 34.11 the rulemaking procedures of chapter 14 because these policies 34.12 and procedures are excluded from the definition of a rule under 34.13 section 14.03, clause (2). The commissioner shall locate the 34.14 programs so that at least one-half of the money appropriated for 34.15 the programs in each year is used for programs in community 34.16 corrections act counties. In awarding contracts for intensive 34.17 supervision programs in community corrections act counties, the 34.18 commissioner shall give first priority to programs that utilize 34.19 county employees as intensive supervision agents and shall give 34.20 second priority to programs that utilize state employees as 34.21 intensive supervision agents. The commissioner may award 34.22 contracts to other providers in community corrections act 34.23 counties only if doing so will result in a significant cost 34.24 savings or a significant increase in the quality of services 34.25 provided, and only after notifying the chairs of the committees 34.26 in the senate and house of representatives with jurisdiction 34.27 over criminal justice policy. 34.28 Sec. 10. Minnesota Statutes 1996, section 518.14, 34.29 subdivision 2, is amended to read: 34.30 Subd. 2. [ENFORCEMENT OF CHILD SUPPORT.] (a) A child 34.31 support obligee is entitled to recover from the obligor 34.32 reasonable attorney fees and other collection costs incurred to 34.33 enforce a child support judgment, as provided in this 34.34 subdivision. In order to recover collection costs under this 34.35 subdivision, the arrearages must be at least $500 and must be at 34.36 least 90 days past due. In addition, the arrearages must be a 35.1 docketed judgment under sections 548.09 and 548.091. If the 35.2 obligor pays in full the judgment rendered under section 548.091 35.3 within 20 days of receipt of notice of entry of judgment, the 35.4 obligee is not entitled to recover attorney fees or collection 35.5 costs under this subdivision. 35.6 (b) Written notice must be provided by any obligee 35.7 contracting with an attorney or collection entity to enforce a 35.8 child support judgment to the public authority responsible for 35.9 child support enforcement, if the public authority is a party or 35.10 provides services to a party, within five days of signing a 35.11 contract for services and within five days of receipting any 35.12 payments received on a child support judgment. Attorney fees 35.13 and collection costs obtained under this subdivision are 35.14 considered child support and entitled to the applicable remedies 35.15 for collection and enforcement of child support. 35.16 (c) The obligee shall serve notice of the obligee's intent 35.17 to recover attorney fees and collections costs by certified or 35.18 registered mail on the obligor at the obligor's last known 35.19 address. The notice must include an itemization of the attorney 35.20 fees and collection costs being sought by the obligee and inform 35.21 the obligor that the fees and costs will become an additional 35.22 judgment for child support unless the obligor requests a hearing 35.23 on the reasonableness of the fees and costs or to contest the 35.24 child support judgment on grounds limited to mistake of fact 35.25 within 20 days of mailing of the notice. 35.26 (d) If the obligor requests a hearing, the only issues to 35.27 be determined by the court are whether the attorney fees or 35.28 collection costs were reasonably incurred by the obligee for the 35.29 enforcement of a child support judgment against the obligor or 35.30 the validity of the child support judgment on grounds limited to 35.31 mistake of fact. The fees and costs may not exceed 30 percent 35.32 of the arrearages. The court may modify the amount of attorney 35.33 fees and costs as appropriate and shall enter judgment 35.34 accordingly. 35.35 (e) If the obligor fails to request a hearing within 20 35.36 days of mailing of the notice under paragraph (a), the amount of 36.1 the attorney fees or collection costs requested by the obligee 36.2 in the notice automatically becomes an additional judgment for 36.3 child support. 36.4 (f) The commissioner of human services shall prepare and 36.5 make available to the court and the parties forms for use in 36.6 providing for notice and requesting a hearing under this 36.7 subdivision.The rulemaking provisions of chapter 14 do not36.8apply to the forms.36.9 Sec. 11. Minnesota Statutes 1996, section 518.611, 36.10 subdivision 9, is amended to read: 36.11 Subd. 9. [FORMS.] The commissioner of human services shall 36.12 prepare and make available to courts and obligors a form to be 36.13 submitted by the obligor in support of a motion to deny 36.14 withholding under this section.The rulemaking provisions of36.15chapter 14 shall not apply to the preparation of the form.36.16 Sec. 12. Minnesota Statutes 1996, section 518.613, 36.17 subdivision 6, is amended to read: 36.18 Subd. 6. [NOTICE OF SERVICES.] The department of human 36.19 services shall prepare and make available to the courts a form 36.20 notice of child support and maintenance collection services 36.21 available through the public authority responsible for child 36.22 support enforcement, including automatic income withholding 36.23 under this section. Promptly upon the filing of a petition for 36.24 dissolution of marriage or legal separation by parties who have 36.25 a minor child, the court administrator shall send the form 36.26 notice to the petitioner and respondent at the addresses given 36.27 in the petition.The rulemaking provisions of chapter 14 shall36.28not apply to the preparation of the form notice.36.29 Sec. 13. Minnesota Statutes 1996, section 518.64, 36.30 subdivision 5, is amended to read: 36.31 Subd. 5. [FORM.] The department of human services shall 36.32 prepare and make available to courts, obligors and persons to 36.33 whom child support is owed a form to be submitted by the obligor 36.34 or the person to whom child support is owed in support of a 36.35 motion for a modification of an order for support or maintenance 36.36 or for contempt of court.The rulemaking provisions of chapter37.114 shall not apply to the preparation of the form.37.2 Sec. 14. Minnesota Statutes 1996, section 518.641, 37.3 subdivision 4, is amended to read: 37.4 Subd. 4. [FORM.] The department of human services shall 37.5 prepare and make available to the court and obligors a form to 37.6 be submitted to the department by the obligor in support of a 37.7 request for hearing under this section regarding a child support 37.8 order.The rulemaking provisions of chapter 14 shall not apply37.9to the preparation of the form.37.10 Sec. 15. Minnesota Statutes 1996, section 624.7151, is 37.11 amended to read: 37.12 624.7151 [STANDARDIZED FORMS.] 37.13 By December 1, 1992, the commissioner of public safety 37.14 shall adopt statewide standards governing the form and contents, 37.15 as required by sections 624.7131 to 624.714, of every 37.16 application for a pistol transferee permit, pistol transferee 37.17 permit, report of transfer of a pistol, application for a permit 37.18 to carry a pistol, and permit to carry a pistol that is granted 37.19 or renewed on or after January 1, 1993.The adoption of these37.20standards is not subject to the rulemaking provisions of chapter37.2114.37.22 Every application for a pistol transferee permit, pistol 37.23 transferee permit, report of transfer of a pistol, application 37.24 for a permit to carry a pistol, and permit to carry a pistol 37.25 that is received, granted, or renewed by a police chief or 37.26 county sheriff on or after January 1, 1993, must meet the 37.27 statewide standards adopted by the commissioner of public safety. 37.28 Notwithstanding the previous sentence, neither failure of the 37.29 department of public safety to adopt standards nor failure of 37.30 the police chief or county sheriff to meet them shall delay the 37.31 timely processing of applications nor invalidate permits issued 37.32 on other forms meeting the requirements of sections 624.7131 to 37.33 624.714. 37.34 Sec. 16. [EFFECT OF AMENDMENTS OR REPEALS.] 37.35 The agency actions in this article are exempt from 37.36 rulemaking under Minnesota Statutes, section 14.03, subdivision 38.1 3, clause (1), or section 16A.1285. An agency need not comply 38.2 with rulemaking procedures in Minnesota Statutes, chapter 14, in 38.3 order to take actions affected by the amendments and repeals in 38.4 this article. 38.5 Sec. 17. [EFFECTIVE DATE.] 38.6 This article is effective June 30, 1997. 38.7 ARTICLE 3 38.8 EXEMPTIONS THAT ARE NOT RULES 38.9 Section 1. Minnesota Statutes 1996, section 16A.632, 38.10 subdivision 2, is amended to read: 38.11 Subd. 2. [STANDARDS.] Article XI, section 5, clause (a), 38.12 of the constitution states general obligation bonds may be 38.13 issued to finance only the acquisition or betterment of state 38.14 land, buildings, and improvements of a capital nature. In 38.15 interpreting this and applying it to the purposes of the program 38.16 contemplated in this section, the following standards are 38.17 adopted for the disbursement of money from the capital asset 38.18 preservation and replacement account: 38.19 (a) No new land, buildings, or major new improvements will 38.20 be acquired. These projects, including all capital expenditures 38.21 required to permit their effective use for the intended purpose 38.22 on completion, will be estimated and provided for individually 38.23 through a direct appropriation for each project. 38.24 (b) An expenditure will be made from the account only when 38.25 it is a capital expenditure on a capital asset previously owned 38.26 by the state, within the meaning of accepted accounting 38.27 principles as applied to public expenditures. The commissioner 38.28 of administration will consult with the commissioner of finance 38.29 to the extent necessary to ensure this and will furnish the 38.30 commissioner of finance a list of projects to be financed from 38.31 the account in order of their priority. The commissioner shall 38.32 also furnish each revision of the list. The legislature assumes 38.33 that many provisions for preservation and replacement of 38.34 portions of existing capital assets will constitute betterments 38.35 and capital improvements within the meaning of the constitution 38.36 and capital expenditures under correct accounting principles, 39.1 and will be financed more efficiently and economically under the 39.2 program than by direct appropriations for specific projects. 39.3 However, the purpose of the program is to accumulate data 39.4 showing how additional costs may be saved by appropriating money 39.5 from the general fund for preservation measures, the necessity 39.6 of which is predictable over short periods. 39.7 (c) The commissioner of administration will furnish 39.8 instructions to agencies to apply for funding of capital 39.9 expenditures for preservation and replacement from the account, 39.10 will review applications, will make initial allocations among 39.11 types of eligible projects enumerated below, will determine 39.12 priorities, and will allocate money in priority order until the 39.13 available appropriation has been committed.Under section39.1414.02, subdivision 4, these instructions and allocations do not39.15constitute rules and the other provisions of chapter 14 do not39.16apply to them.39.17 (d) Categories of projects considered likely to be most 39.18 needed and appropriate for financing are the following: 39.19 (1) unanticipated emergencies of all kinds, for which a 39.20 relatively small amount should be initially reserved, replaced 39.21 from money allocated to low-priority projects, if possible, as 39.22 emergencies occur, and used for stabilization rather than 39.23 replacement if the cost would exhaust the account and should be 39.24 specially appropriated; 39.25 (2) projects to remove life safety hazards, like 39.26 replacement of mechanical systems, building code violations, or 39.27 structural defects, at costs not large enough to require major 39.28 capital requests to the legislature; 39.29 (3) elimination or containment of hazardous substances like 39.30 asbestos or PCBs; and 39.31 (4) moderate cost replacement and repair of roofs, windows, 39.32 tuckpointing, and structural members necessary to preserve the 39.33 exterior and interior of existing buildings. 39.34 Sec. 2. Minnesota Statutes 1996, section 16B.18, 39.35 subdivision 3, is amended to read: 39.36 Subd. 3. [RULES.] Rules under this section may provide a 40.1 procedure by which the commissioner shall determine product 40.2 specifications, quality standards, and timing of delivery to be 40.3 complied with by the sheltered workshop and work activity 40.4 program boards on purchases made under this section.The list40.5to be prepared pursuant to subdivision 1 shall not be40.6promulgated as a rule.40.7 Sec. 3. Minnesota Statutes 1996, section 16D.11, 40.8 subdivision 7, is amended to read: 40.9 Subd. 7. [ADJUSTMENT OF RATE.] By June 1 of each year, the 40.10 commissioner of finance shall determine the rate of the penalty 40.11 for debts referred to the enterprise during the next fiscal 40.12 year. The rate is a percentage of the debts in an amount that 40.13 most nearly equals the costs of the enterprise necessary to 40.14 process and collect referred debts under this chapter. In no 40.15 event shall the rate of the penalty when a debt is first 40.16 referred exceed three-fifths of the maximum penalty, and in no 40.17 event shall the rate of the maximum penalty exceed 25 percent of 40.18 the debt. Determination of the rate of the penalty under this 40.19 sectionis not rulemaking under chapter 14, andis not subject 40.20 to the fee setting requirements of section 16A.1285. 40.21 Sec. 4. Minnesota Statutes 1996, section 17.54, 40.22 subdivision 4, is amended to read: 40.23 Subd. 4. [ELECTION.] Upon receipt of the nominations the 40.24 commissioner shall promptly arrange an election to be held at 40.25 places designated by the commissioner reasonably convenient to 40.26 all producers in the organized area and provide notice of the 40.27 election to all of the media having a general circulation in the 40.28 organized area. Ballots setting forth the names of the 40.29 nominated candidates and providing for write-in candidates shall 40.30 be made available at all polling places. Only producers of the 40.31 agricultural commodity involved shall be qualified to vote. 40.32 General polling procedures shall be established by the 40.33 commissioner by rule pursuant to chapter 14 to avoid voting by 40.34 other than qualified producers, but the selection of specific40.35polling places shall not be subject to chapter 14. An impartial 40.36 committee appointed by the commissioner shall tabulate the 41.1 votes, and the candidates receiving the most votes shall be 41.2 declared elected to the first council. 41.3 After the first council for a commodity is elected, an 41.4 election shall be held annually to elect members of the council. 41.5 The election shall be held in the same manner as prescribed for 41.6 the first council election except that the manner of choosing 41.7 nominating committee members, the time of nominations and the 41.8 time and place of elections shall be fixed by the commissioner. 41.9 Mail balloting may be permitted by the commissioner. 41.10 Sec. 5. Minnesota Statutes 1996, section 17.56, 41.11 subdivision 2, is amended to read: 41.12 Subd. 2. [HEARINGS.] The commissioner, after consultation 41.13 with the council, shall hold public hearings on the proposed 41.14 promotional order in areas and at times affording reasonable 41.15 opportunities for producers to attend.These hearings shall not41.16be subject to the administrative procedure act of chapter 14.41.17 After such hearings and after consultation with the council, the 41.18 commissioner shall determine whether or not the promotional 41.19 order shall be amended, modified or supplemented. If changes or 41.20 additions of substance are made, commissioner shall hold public 41.21 hearings on the amended or supplemented promotional order. 41.22 Sec. 6. Minnesota Statutes 1996, section 17.57, 41.23 subdivision 1, is amended to read: 41.24 Subdivision 1. [ADOPTION OF RULES.] Each council shall at 41.25 its regular meetings adopt rules consistent with sections 17.51 41.26 to 17.69 for the administration of the promotional order.These41.27rules are not subject to the administrative procedure act of41.28chapter 14.41.29 Sec. 7. Minnesota Statutes 1996, section 17.64, 41.30 subdivision 2, is amended to read: 41.31 Subd. 2. [BY REFERENDUM.] Upon petition of the same number 41.32 of producers as required to initiate the promotional order, the 41.33 commissioner shall within 60 days conduct a referendum to 41.34 determine whether or not the promotional order shall be 41.35 continued. The commissioner shall terminate the order at the 41.36 end of the current marketing year if a majority of the producers 42.1 voting in the referendum vote in favor of termination. The 42.2 petition of producers shall include a statement certifying that 42.3 the signatures are those of qualified producers of the commodity 42.4 involved. The commissioner shall not conduct a referendum for 42.5 termination of a promotional order if a referendum for 42.6 termination of the same promotional order has been conducted 42.7 within the preceding year.A hearing for a termination of an42.8order need not be held as provided in chapter 14.42.9 Sec. 8. Minnesota Statutes 1996, section 48.221, is 42.10 amended to read: 42.11 48.221 [RESERVES.] 42.12 A state bank or trust company shall maintain reserves in 42.13 the form of liquid assets at a level reasonably necessary to 42.14 meet anticipated withdrawals, commitments, and loan demand. 42.15 Reserves shall be in cash, cash items in process of collection, 42.16 short term obligations of or demand balances with other insured 42.17 financial institutions in the United States and its territories, 42.18 or short term, direct obligations of or guaranteed by the United 42.19 States government. Obligations must mature within one year to 42.20 be considered short term. The commissioner may prescribe the 42.21 required amount of reserves in relation to liabilities for any 42.22 individual state bank or trust company from time to time based 42.23 upon examination findings or other reports relating to the bank 42.24 or trust company that are available to the commissioner.The42.25determination by the commissioner of a required amount of42.26reserves for an institution shall not be considered a rule as42.27defined by section 14.02, subdivision 4.Reserves for an 42.28 individual state bank or trust company as prescribed by the 42.29 commissioner pursuant to this section shall be enforced in 42.30 accordance with sections 46.24 and 46.30 to 46.33. 42.31 Sec. 9. Minnesota Statutes 1996, section 50.175, 42.32 subdivision 2, is amended to read: 42.33 Subd. 2. [RESERVES.] A savings bank shall maintain 42.34 reserves in the form of liquid assets at a level reasonably 42.35 necessary to meet anticipated withdrawals, commitments, and loan 42.36 demand. Reserves shall be in cash, cash items in process of 43.1 collection, short term obligations of or demand balances with 43.2 other insured financial institutions in the United States and 43.3 its territories, or short term, direct obligations of or 43.4 guaranteed by the United States government. Obligations must 43.5 mature within one year to be considered short term. The 43.6 commissioner may prescribe the required amount of reserves in 43.7 relation to liabilities for any individual savings bank from 43.8 time to time based upon examination findings or other reports 43.9 relating to the savings bank that are available to the 43.10 commissioner.The determination by the commissioner of a43.11required amount of reserves for a savings bank shall not be43.12considered a rule as defined by section 14.02, subdivision 4.43.13 Reserves for an individual savings bank as prescribed by the 43.14 commissioner pursuant to this section shall be enforced in 43.15 accordance with sections 46.24 and 46.30 to 46.33. 43.16 Sec. 10. Minnesota Statutes 1996, section 51A.361, is 43.17 amended to read: 43.18 51A.361 [RESERVES.] 43.19 An association shall maintain reserves in the form of 43.20 liquid assets, as defined in section 51A.02, subdivision 34, at 43.21 a level reasonably necessary to meet anticipated withdrawals, 43.22 commitments, and loan demand. The commissioner of commerce may 43.23 prescribe the required amount of reserves for any individual 43.24 association from time to time based upon examination findings or 43.25 other reports relating to the association that are available to 43.26 the commissioner.The determination by the commissioner of a43.27required amount of reserves for an association shall not be43.28considered a rule as defined by section 14.02, subdivision 4.43.29 Reserves for an individual association as prescribed by the 43.30 commissioner pursuant to this section shall be enforced in 43.31 accordance with sections 46.24 and 46.30 to 46.33. 43.32 Sec. 11. Minnesota Statutes 1996, section 52.17, 43.33 subdivision 2, is amended to read: 43.34 Subd. 2. [REQUIRED LIQUIDITY.] Every credit union shall 43.35 maintain a reserve in the form of liquid assets at a level 43.36 reasonably necessary to meet anticipated withdrawals, 44.1 commitments, and loan demand. Reserves must be in cash and 44.2 balances due from solvent banks or which may be, in whole or in 44.3 part, in short term obligations guaranteed as to principal and 44.4 interest by the United States government or in certificates of 44.5 deposit of a federally insured bank or in a passbook or other 44.6 account in a federally insured savings association or in 44.7 balances due from the Minnesota corporate credit union or ICU 44.8 services corporation or United States central credit union. The 44.9 commissioner of commerce may prescribe the required amount of 44.10 reserves for any individual credit union from time to time based 44.11 upon examination findings or other reports relating to the 44.12 credit union that are available to the commissioner.The44.13determination by the commissioner of a required amount of44.14reserves for a credit union shall not be considered a rule as44.15defined by section 14.02, subdivision 4.Reserves for an 44.16 individual credit union as prescribed by the commissioner 44.17 pursuant to this section shall be enforced in accordance with 44.18 sections 46.24 and 46.30 to 46.33. 44.19 Sec. 12. Minnesota Statutes 1996, section 53.07, 44.20 subdivision 1, is amended to read: 44.21 Subdivision 1. [LIQUIDITY REQUIREMENT.] An industrial loan 44.22 and thrift company shall maintain reserves in the form of liquid 44.23 assets at a level reasonably necessary to meet anticipated 44.24 withdrawals, commitments, and loan demand. Reserves shall be in 44.25 cash, cash items in process of collection, short term 44.26 obligations of or demand balances with other insured financial 44.27 institutions in the United States and its territories, or short 44.28 term, direct obligations of or guaranteed by the United States 44.29 government. Obligations must mature within one year to be 44.30 considered short term. The commissioner may prescribe the 44.31 required amount of reserves in relation to liabilities for an 44.32 individual industrial loan and thrift company from time to time 44.33 based upon examination findings or other reports relating to the 44.34 industrial loan and thrift company that are available to the 44.35 commissioner.The determination by the commissioner of a44.36required amount of reserves for an industrial loan and thrift45.1company shall not be considered a rule as defined by section45.214.02, subdivision 4.Reserves for an individual industrial 45.3 loan and thrift company as prescribed by the commissioner 45.4 pursuant to this section shall be enforced in accordance with 45.5 sections 46.24 and 46.30 to 46.33. 45.6 Sec. 13. Minnesota Statutes 1996, section 60A.13, 45.7 subdivision 6, is amended to read: 45.8 Subd. 6. [COMPANY OR AGENT CANNOT CONTINUE BUSINESS UNLESS 45.9 STATEMENT IS FILED.] No company shall transact any new business 45.10 in this state after May 31 in any year unless it shall have 45.11 previously transmitted its annual statement to the commissioner 45.12 and filed a copy of its statement with the National Association 45.13 of Insurance Commissioners. The commissioner may by order 45.14 annually require that each insurer pay the required fee to the 45.15 National Association of Insurance Commissioners for the filing 45.16 of annual statements, but the fee shall not be more than 50 45.17 percent greater than the fee set by the National Association of 45.18 Insurance Commissioners. Failure to file the annual statement 45.19 with the commissioner or the National Association of Insurance 45.20 Commissioners is a violation of section 72A.061, subdivision 1. 45.21 The fee shall be based on the relative premium volume of each 45.22 insurer.The commissioner's order shall not be subject to45.23chapter 14.45.24 Sec. 14. Minnesota Statutes 1996, section 60K.19, 45.25 subdivision 6, is amended to read: 45.26 Subd. 6. [POWERS OF THE COMMISSIONER.] (a) The 45.27 commissioner shall make the final determination as to 45.28 accreditation and assignment of credit hours for courses. 45.29 (b) The commissioner shall adopt procedures for reporting 45.30 compliance with the minimum education requirement.These45.31procedures are not subject to the rulemaking provisions of45.32chapter 14.45.33 (c) The commissioner shall promulgate rules according to 45.34 chapter 14 to carry out the purposes of this section. 45.35 Sec. 15. Minnesota Statutes 1996, section 61B.21, 45.36 subdivision 1, is amended to read: 46.1 Subdivision 1. [FUNCTIONS.] The Minnesota life and health 46.2 insurance guaranty association shall perform its functions under 46.3 the plan of operation established and approved under section 46.4 61B.25, and shall exercise its powers through a board of 46.5 directors. The association is not a state agency for purposes 46.6 of chapter14,16A, 16B, or 43A. For purposes of administration 46.7 and assessment, the association shall establish and maintain two 46.8 accounts: 46.9 (1) the life insurance and annuity account which includes 46.10 the following subaccounts: 46.11 (i) the life insurance account; 46.12 (ii) the annuity account; and 46.13 (iii) the unallocated annuity account; and 46.14 (2) the health insurance account. 46.15 Sec. 16. Minnesota Statutes 1996, section 62J.152, 46.16 subdivision 4, is amended to read: 46.17 Subd. 4. [TECHNOLOGY EVALUATION PROCESS.] (a) The health 46.18 technology advisory committee shall collect and evaluate studies 46.19 and research findings on the technologies selected for 46.20 evaluation from as wide of a range of sources as needed, 46.21 including, but not limited to: federal agencies or other units 46.22 of government, international organizations conducting health 46.23 care technology assessments, health carriers, insurers, 46.24 manufacturers, professional and trade associations, nonprofit 46.25 organizations, and academic institutions. The health technology 46.26 advisory committee may use consultants or experts and solicit 46.27 testimony or other input as needed to evaluate a specific 46.28 technology. 46.29 (b) When the evaluation process on a specific technology 46.30 has been completed, the health technology advisory committee 46.31 shall submit a preliminary report to the health care commission 46.32 and publish a summary of the preliminary report in the State 46.33 Register with a notice that written comments may be submitted. 46.34 The preliminary report must include the results of the 46.35 technology assessment evaluation, studies and research findings 46.36 considered in conducting the evaluation, and the health 47.1 technology advisory committee's summary statement about the 47.2 evaluation. Any interested persons or organizations may submit 47.3 to the health technology advisory committee written comments 47.4 regarding the technology evaluation within 30 days from the date 47.5 the preliminary report was published in the State Register. The 47.6 health technology advisory committee's final report on its 47.7 technology evaluation must be submitted to the health care 47.8 commission. A summary of written comments received by the 47.9 health technology advisory committee within the 30-day period 47.10 must be included in the final report. The health care 47.11 commission shall review the final report and prepare its 47.12 comments and recommendations. Before completing its final 47.13 comments and recommendations, the health care commission shall 47.14 provide adequate public notice that testimony will be accepted 47.15 by the health care commission. The health care commission shall 47.16 then forward the final report, its comments and recommendations, 47.17 and a summary of the public's comments to the commissioner and 47.18 information clearinghouse. 47.19 (c) The reports of the health technology advisory committee 47.20 and the comments and recommendations of the health care 47.21 commission should not eliminate or bar new technology, and are47.22not rules as defined in the administrative procedure act. 47.23 Sec. 17. Minnesota Statutes 1996, section 62L.13, 47.24 subdivision 3, is amended to read: 47.25 Subd. 3. [EXEMPTIONS.] The association, its transactions, 47.26 and all property owned by it are exempt from taxation under the 47.27 laws of this state or any of its subdivisions, including, but 47.28 not limited to, income tax, sales tax, use tax, and property 47.29 tax. The association may seek exemption from payment of all fees 47.30 and taxes levied by the federal government. Except as otherwise 47.31 provided in this chapter, the association is not subject to the 47.32 provisions of chapters 13,14,60A, 62A to 62H, and section 47.33 471.705. The association is not a public employer and is not 47.34 subject to the provisions of chapters 179A and 353. The board 47.35 of directors and health carriers who are members of the 47.36 association are exempt from sections 325D.49 to 325D.66 in the 48.1 performance of their duties as directors and members of the 48.2 association. 48.3 Sec. 18. Minnesota Statutes 1996, section 65B.28, 48.4 subdivision 3, is amended to read: 48.5 Subd. 3. [REFRESHER COURSE.] The department of public 48.6 safety, in consultation with other traffic safety and medical 48.7 professionals, may establishwithout rulemakinga refresher 48.8 course for persons who have completed the original course under 48.9 subdivision 2. The refresher course shall be no more than four 48.10 hours, and based on the curriculum established under subdivision 48.11 2. The department of public safety shall establish criteria for 48.12 and approve training agencies or organizations authorized to 48.13 conduct the refresher course. 48.14 Sec. 19. Minnesota Statutes 1996, section 79.34, 48.15 subdivision 1, is amended to read: 48.16 Subdivision 1. [CONDITIONS REQUIRING MEMBERSHIP.] The 48.17 nonprofit association known as the workers' compensation 48.18 reinsurance association may be incorporated under chapter 317A 48.19 with all the powers of a corporation formed under that chapter, 48.20 except that if the provisions of that chapter are inconsistent 48.21 with sections 79.34 to 79.40, sections 79.34 to 79.40 govern. 48.22 Each insurer as defined by section 79.01, subdivision 2, shall, 48.23 as a condition of its authority to transact workers' 48.24 compensation insurance in this state, be a member of the 48.25 reinsurance association and is bound by the plan of operation of 48.26 the reinsurance association; provided, that all affiliated 48.27 insurers within a holding company system as defined in chapter 48.28 60D are considered a single entity for purposes of the exercise 48.29 of all rights and duties of membership in the reinsurance 48.30 association. Each self-insurer approved under section 176.181 48.31 and each political subdivision that self-insures shall, as a 48.32 condition of its authority to self-insure workers' compensation 48.33 liability in this state, be a member of the reinsurance 48.34 association and is bound by its plan of operation; provided that: 48.35 (1) all affiliated companies within a holding company 48.36 system, as determined by the commissioner of labor and industry 49.1 in a manner consistent with the standards and definitions in 49.2 chapter 60D, are considered a single entity for purposes of the 49.3 exercise of all rights and duties of membership in the 49.4 reinsurance association; and 49.5 (2) all group self-insurers granted authority to 49.6 self-insure pursuant to section 176.181 are considered single 49.7 entities for purposes of the exercise of all the rights and 49.8 duties of membership in the reinsurance association. As a 49.9 condition of its authority to self-insure workers' compensation 49.10 liability, and for losses incurred after December 31, 1983, the 49.11 state is a member of the reinsurance association and is bound by 49.12 its plan of operation. The commissioner of employee relations 49.13 represents the state in the exercise of all the rights and 49.14 duties of membership in the reinsurance association. The state 49.15 treasurer shall pay the premium to the reinsurance association 49.16 from the state compensation revolving fund upon warrants of the 49.17 commissioner of employee relations, except that the University 49.18 of Minnesota shall pay its portion of workers' compensation 49.19 reinsurance premiums directly to the workers' compensation 49.20 reinsurance association. For the purposes of this section, 49.21 "state" means the administrative branch of state government, the 49.22 legislative branch, the judicial branch, the University of 49.23 Minnesota, and any other entity whose workers' compensation 49.24 liability is paid from the state revolving fund. The 49.25 commissioner of finance may calculate, prorate, and charge a 49.26 department or agency the portion of premiums paid to the 49.27 reinsurance association for employees who are paid wholly or in 49.28 part by federal funds, dedicated funds, or special revenue 49.29 funds. The reinsurance association is not a state agency. 49.30 Actions of the reinsurance association and its board of 49.31 directors and actions of the commissioner of labor and industry 49.32 with respect to the reinsurance association are not subject to 49.33 chapters 13, 14,and 15. All property owned by the association 49.34 is exempt from taxation. The reinsurance association is not 49.35 obligated to make any payments or pay any assessments to any 49.36 funds or pools established pursuant to this chapter or chapter 50.1 176 or any other law. 50.2 Sec. 20. Minnesota Statutes 1996, section 79.34, 50.3 subdivision 2a, is amended to read: 50.4 Subd. 2a. [DEFICIENCY.] If the board determines that a 50.5 distribution of excess surplus resulted in inadequate funds 50.6 being available to pay claims that arose during the period upon 50.7 which that distribution was calculated, the board shall 50.8 determine the amount of the deficiency. The deficiency shall be 50.9 made up by imposing an assessment rate against self-insured 50.10 members and policyholders of insurer members. The board shall 50.11 notify the commissioner of commerce of the amount of the 50.12 deficiency and recommend an assessment rate. The commissioner 50.13 shall order an assessment at a rate and for the time period 50.14 necessary to eliminate the deficiency. The assessment rate 50.15 shall be applied to the exposure base of self-insured employers 50.16 and insured employers. The assessment may not be retroactive 50.17 and applies only prospectively. The assessment may be spread 50.18 over a period of time that will cause the least financial 50.19 hardship to employers. All assessments under this subdivision 50.20 are payable to the association. The commissioner may issue 50.21 orders necessary to administer this section.The orders are not50.22rules subject to chapter 14.50.23 Sec. 21. Minnesota Statutes 1996, section 79.362, is 50.24 amended to read: 50.25 79.362 [WORKERS' COMPENSATION REINSURANCE ASSOCIATION 50.26 EXCESS SURPLUS DISTRIBUTION.] 50.27 An order of the commissioner of the department of labor and 50.28 industry relating to the distribution of excess surplus of the 50.29 workers' compensation reinsurance association shall be reviewed 50.30 by the commissioner of commerce. The commissioner of commerce 50.31 may amend, approve, or reject an order or issue further orders 50.32 to accomplish the purposes of section 79.361 and Laws 1993, 50.33 chapter 361, section 2. The commissioner may not change the 50.34 amount of the distribution ordered by the commissioner of labor 50.35 and industry without agreement of the commissioner of labor and 50.36 industry.An order of the commissioner of commerce under this51.1section is not subject to chapter 14.51.2 Sec. 22. Minnesota Statutes 1996, section 85.045, 51.3 subdivision 3, is amended to read: 51.4 Subd. 3. [AGREEMENTS.] (a) The commissioner shall enter 51.5 into informal agreements with business and civic groups or 51.6 individuals for volunteer services to maintain and make 51.7 improvements to real and personal property in state parks, 51.8 monuments, historic sites, and trails in accordance with plans 51.9 devised by the commissioner after consultation with the groups. 51.10 (b) The commissioner may erect appropriate signs to 51.11 recognize and express appreciation to groups and individuals 51.12 providing volunteer services under the adopt-a-park program. 51.13 (c) The commissioner may provide assistance to enhance the 51.14 comfort and safety of volunteers and to facilitate the 51.15 implementation and administration of the adopt-a-park program. 51.16(d) This section is not subject to chapter 14.51.17 Sec. 23. Minnesota Statutes 1996, section 97A.085, 51.18 subdivision 4a, is amended to read: 51.19 Subd. 4a. [HEARING REQUIRED.] Before designating a game 51.20 refuge under this section, the commissioner must hold a public 51.21 hearing within the county where the majority of the proposed 51.22 game refuge exists. Notices of the time and place of the 51.23 hearing must be posted in five conspicuous places within the 51.24 proposed game refuge at least 15 days before the hearing. A 51.25 notice of the hearing must be published in a legal newspaper in 51.26 each county where the area is located at least seven days before 51.27 the hearing.Designation of a game refuge under this section is51.28not subject to chapter 14.51.29 Sec. 24. Minnesota Statutes 1996, section 116O.05, 51.30 subdivision 3, is amended to read: 51.31 Subd. 3. [RULES.] The corporationis not subject to51.32chapter 14, butmust publish in the State Register any 51.33 guidelines, policies,rules,or eligibility criteria prepared or 51.34 adopted by the corporation for any of its financial or 51.35 technology transfer programs. 51.36 Sec. 25. Minnesota Statutes 1996, section 171.321, 52.1 subdivision 2, is amended to read: 52.2 Subd. 2. [RULES.] The commissioner of public safety shall 52.3 prescribe rules governing the physical qualifications of school 52.4 bus drivers and tests required to obtain a school bus 52.5 endorsement. The rules must provide that an applicant for a 52.6 school bus endorsement or renewal is exempt from the physical 52.7 qualifications and medical examination required to operate a 52.8 school bus upon providing evidence of being medically examined 52.9 and certified within the preceding 24 months as physically 52.10 qualified to operate a commercial motor vehicle, pursuant to 52.11 Code of Federal Regulations, title 49, part 391, subpart E, or 52.12 rules of the commissioner of transportation incorporating those 52.13 federal regulations. 52.14 The commissioner of public safety, in conjunction with the 52.15 commissioner of economic security, shall adopt a training 52.16 program for Head Start bus drivers.Adoption of this program is52.17not subject to chapter 14.The program must provide for initial 52.18 classroom and behind-the-wheel training, and annual in-service 52.19 training. The program must provide training in defensive 52.20 driving, human relations, emergency and accident procedures, 52.21 vehicle maintenance, traffic laws, and use of safety equipment. 52.22 The program must provide that the training will be conducted by 52.23 the contract operator for a Head Start agency, the Head Start 52.24 grantee, a licensed driver training school, or by another person 52.25 or entity approved by both commissioners. 52.26 Sec. 26. Minnesota Statutes 1996, section 176.102, 52.27 subdivision 2, is amended to read: 52.28 Subd. 2. [ADMINISTRATORS.] The commissioner shall hire a 52.29 director of rehabilitation services in the classified service. 52.30 The commissioner shall monitor and supervise rehabilitation 52.31 services, including, but not limited to, making determinations 52.32 regarding the selection and delivery of rehabilitation services 52.33 and the criteria used to approve qualified rehabilitation 52.34 consultants and rehabilitation vendors. The commissioner may 52.35 also make determinations regarding fees for rehabilitation 52.36 services and shall by rule establish a fee schedule or otherwise 53.1 limit fees charged by qualified rehabilitation consultants and 53.2 vendors. The commissioner shall annually review the fees and 53.3 give notice of any adjustment in the State Register.An annual53.4adjustment is not subject to chapter 14.By March 1, 1993, the 53.5 commissioner shall report to the legislature on the status of 53.6 the commission's monitoring of rehabilitation services. The 53.7 commissioner may hire qualified personnel to assist in the 53.8 commissioner's duties under this section and may delegate the 53.9 duties and performance. 53.10 Sec. 27. Minnesota Statutes 1996, section 176A.08, is 53.11 amended to read: 53.12 176A.08 [EXEMPTION FROM AND APPLICABILITY OF CERTAIN LAWS.] 53.13 The fund shall not be considered a state agency for any 53.14 purpose including, but not limited to, chapters 13,14,15, 15A, 53.15 and 43A. However, the fund shall be subject to sections 179A.01 53.16 to 179A.25. The insurance operations of the fund are subject to 53.17 all of the provisions of chapters 60A and 60B. The commissioner 53.18 of commerce has the same powers with respect to the board as the 53.19 commissioner has with respect to a private workers' compensation 53.20 insurer under chapters 60A and 60B. The fund is considered an 53.21 insurer for the purposes of chapters 60C, 72A, 79, and 176. The 53.22 fund is subject to the same tax liability as a mutual insurance 53.23 company in this state pursuant to section 60A.15. As a 53.24 condition of its authority to transact business in this state 53.25 the fund shall be a member of the workers' compensation 53.26 reinsurance association and is bound by its plan of operation. 53.27 Sec. 28. Minnesota Statutes 1996, section 240A.02, 53.28 subdivision 2, is amended to read: 53.29 Subd. 2. [MEETINGS.] The commission shall meet at least 53.30 quarterly and at other times determined by the commission and 53.31 shall adopt rules, without regard to chapter 14,governing its 53.32 proceedings. 53.33 Sec. 29. Minnesota Statutes 1996, section 256B.431, 53.34 subdivision 2e, is amended to read: 53.35 Subd. 2e. [CONTRACTS FOR SERVICES FOR VENTILATOR DEPENDENT 53.36 PERSONS.] The commissioner may contract with a nursing facility 54.1 eligible to receive medical assistance payments to provide 54.2 services to a ventilator dependent person identified by the 54.3 commissioner according to criteria developed by the 54.4 commissioner, including: 54.5 (1) nursing facility care has been recommended for the 54.6 person by a preadmission screening team; 54.7 (2) the person has been assessed at case mix classification 54.8 K; 54.9 (3) the person has been hospitalized for at least six 54.10 months and no longer requires inpatient acute care hospital 54.11 services; and 54.12 (4) the commissioner has determined that necessary services 54.13 for the person cannot be provided under existing nursing 54.14 facility rates. 54.15 The commissioner may issue a request for proposals to 54.16 provide services to a ventilator dependent person to nursing 54.17 facilities eligible to receive medical assistance payments and 54.18 shall select nursing facilities from among respondents according 54.19 to criteria developed by the commissioner, including: 54.20 (1) the cost-effectiveness and appropriateness of services; 54.21 (2) the nursing facility's compliance with federal and 54.22 state licensing and certification standards; and 54.23 (3) the proximity of the nursing facility to a 54.24 ventilator-dependent person identified by the commissioner who 54.25 requires nursing facility placement. 54.26 The commissioner may negotiate an adjustment to the 54.27 operating cost payment rate for a nursing facility selected by 54.28 the commissioner from among respondents to the request for 54.29 proposals. The negotiated adjustment must reflect only the 54.30 actual additional cost of meeting the specialized care needs of 54.31 a ventilator-dependent person identified by the commissioner for 54.32 whom necessary services cannot be provided under existing 54.33 nursing facility rates and which are not otherwise covered under 54.34 Minnesota Rules, parts 9549.0010 to 9549.0080 or 9505.0170 to 54.35 9505.0475. The negotiated payment rate must not exceed 200 54.36 percent of the highest multiple bedroom payment rate for a 55.1 Minnesota nursing facility, as initially established by the 55.2 commissioner for the rate year for case mix classification K. 55.3 The negotiated adjustment shall not affect the payment rate 55.4 charged to private paying residents under the provisions of 55.5 section 256B.48, subdivision 1.The negotiated adjustment paid55.6pursuant to this paragraph is specifically exempt from the55.7definition of "rule" and the rulemaking procedures required by55.8chapter 14 and section 256B.502.55.9 Sec. 30. Minnesota Statutes 1996, section 325F.665, 55.10 subdivision 6, is amended to read: 55.11 Subd. 6. [ALTERNATIVE DISPUTE SETTLEMENT MECHANISM.] (a) 55.12 Any manufacturer doing business in this state, entering into 55.13 franchise agreements for the sale of its motor vehicles in this 55.14 state, or offering express warranties on its motor vehicles sold 55.15 or distributed for sale in this state shall operate, or 55.16 participate in, an informal dispute settlement mechanism located 55.17 in the state of Minnesota which complies with the provisions of 55.18 the Code of Federal Regulations, title 16, part 703, and the 55.19 requirements of this section. The provisions of subdivision 3 55.20 concerning refunds or replacement do not apply to a consumer who 55.21 has not first used this mechanism before commencing a civil 55.22 action, unless the manufacturer allows a consumer to commence an 55.23 action without first using this mechanism. 55.24 (b) An informal dispute settlement mechanism provided for 55.25 by this section shall, at the time a request for arbitration is 55.26 made, provide to the consumer and to each person who will 55.27 arbitrate the consumer's dispute, information about this section 55.28 as approved and directed by the attorney general, in 55.29 consultation with interested parties. The informal dispute 55.30 settlement mechanism shall permit the parties to present or 55.31 submit any arguments based on this section and shall not 55.32 prohibit or discourage the consideration of any such arguments. 55.33In developing and approving information about this section as55.34provided herein, the attorney general is not subject to the55.35rulemaking provisions of chapter 14.55.36 (c) If, in an informal dispute settlement mechanism, it is 56.1 decided that a consumer is entitled to a replacement vehicle or 56.2 refund under subdivision 3, then any refund or replacement 56.3 offered by the manufacturer or selected by a consumer shall 56.4 include and itemize all amounts authorized by subdivision 3. If 56.5 the amount of excise tax refunded is not separately stated, or 56.6 if the manufacturer does not apply for a refund of the tax 56.7 within one year of the return of the motor vehicle, the 56.8 department of public safety may refund the excise tax, as 56.9 determined under subdivision 3, paragraph (h), directly to the 56.10 consumer and lienholder, if any, as their interests appear on 56.11 the records of the registrar of motor vehicles. 56.12 (d) No documents shall be received by any informal dispute 56.13 settlement mechanism unless those documents have been provided 56.14 to each of the parties in the dispute at or prior to the 56.15 mechanism's meeting, with an opportunity for the parties to 56.16 comment on the documents either in writing or orally. If a 56.17 consumer is present during the informal dispute settlement 56.18 mechanism's meeting, the consumer may request postponement of 56.19 the mechanism's meeting to allow sufficient time to review any 56.20 documents presented at the time of the meeting which had not 56.21 been presented to the consumer prior to the meeting. 56.22 (e) The informal dispute settlement mechanism shall allow 56.23 each party to appear and make an oral presentation in the state 56.24 of Minnesota unless the consumer agrees to submit the dispute 56.25 for decision on the basis of documents alone or by telephone, or 56.26 unless the party fails to appear for an oral presentation after 56.27 reasonable prior written notice. If the consumer agrees to 56.28 submit the dispute for decision on the basis of documents alone, 56.29 then manufacturer or dealer representatives may not participate 56.30 in the discussion or decision of the dispute. 56.31 (f) Consumers shall be given an adequate opportunity to 56.32 contest a manufacturer's assertion that a nonconformity falls 56.33 within intended specifications for the vehicle by having the 56.34 basis of the manufacturer's claim appraised by a technical 56.35 expert selected and paid for by the consumer prior to the 56.36 informal dispute settlement hearing. 57.1 (g) Where there has been a recent attempt by the 57.2 manufacturer to repair a consumer's vehicle, but no response has 57.3 yet been received by the informal dispute mechanism from the 57.4 consumer as to whether the repairs were successfully completed, 57.5 the parties must be given the opportunity to present any 57.6 additional information regarding the manufacturer's recent 57.7 repair attempt before any final decision is rendered by the 57.8 informal dispute settlement mechanism. This provision shall not 57.9 prejudice a consumer's rights under this section. 57.10 (h) If the manufacturer knows that a technical service 57.11 bulletin directly applies to the specific mechanical problem 57.12 being disputed by the consumer, then the manufacturer shall 57.13 provide the technical service bulletin to the consumer at 57.14 reasonable cost. The mechanism shall review any such technical 57.15 service bulletins submitted by either party. 57.16 (i) A consumer may be charged a fee to participate in an 57.17 informal dispute settlement mechanism required by this section, 57.18 but the fee may not exceed the conciliation court filing fee in 57.19 the county where the arbitration is conducted. 57.20 (j) Any party to the dispute has the right to be 57.21 represented by an attorney in an informal dispute settlement 57.22 mechanism. 57.23 (k) The informal dispute settlement mechanism has all the 57.24 evidence-gathering powers granted an arbitrator under section 57.25 572.14. 57.26 (l) A decision issued in an informal dispute settlement 57.27 mechanism required by this section may be in writing and signed. 57.28 Sec. 31. Minnesota Statutes 1996, section 346.58, is 57.29 amended to read: 57.30 346.58 [DOGS AND CATS; BEST MANAGEMENT STANDARDS FOR CARE 57.31 BY DEALERS, COMMERCIAL BREEDERS, AND BROKERS.] 57.32 The commissioner of agriculture shall consult with 57.33 interested persons, including but not limited to persons 57.34 representing dog and cat dealers, breeders, and brokers, the 57.35 Minnesota federated humane society, the Minnesota council for 57.36 dog clubs, the American dog owners association, the board of 58.1 animal health, the Minnesota purebred dog breeders association, 58.2 the Minnesota citizens for animal care, the United States 58.3 Department of Agriculture, and the Minnesota veterinary medical 58.4 association. The commissioner shall issue an order containing 58.5 best management standards of care for dogs and cats by dealers, 58.6 commercial breeders, and brokers.These standards are not58.7subject to chapter 14.The commissioner shall urge dealers, 58.8 commercial breeders, and brokers to follow the standards issued 58.9 in the order. 58.10 Sec. 32. Minnesota Statutes 1996, section 347.51, 58.11 subdivision 2a, is amended to read: 58.12 Subd. 2a. [WARNING SYMBOL.] If a county issues a 58.13 certificate of registration to the owner of a dangerous dog 58.14 pursuant to subdivision 2, the county must provide, for posting 58.15 on the owner's property, a copy of a warning symbol to inform 58.16 children that there is a dangerous dog on the property. The 58.17 design of the warning symbol must be uniform and specified by 58.18 the commissioner of public safety, after consultation with 58.19 animal control professionals.The design specification process58.20is exempt from rulemaking under chapter 14 and is exempt from58.21section 14.38.The commissioner shall provide the number of 58.22 copies of the warning symbol requested by each county and shall 58.23 charge the county the actual cost of the warning symbols 58.24 received. The county may charge the registrant a reasonable fee 58.25 to cover its administrative costs and the cost of the warning 58.26 symbol. 58.27 Sec. 33. [EFFECT OF AMENDMENTS OR REPEALS.] 58.28 The exemptions in this article are eliminated because the 58.29 entity is not subject to Minnesota Statutes, chapter 14, or the 58.30 agency action is not a rule. The agency or other entity need 58.31 not comply with chapter 14, in order to take actions affected by 58.32 the amendments and repeals in this article. 58.33 Sec. 34. [REPEALER.] 58.34 Minnesota Statutes 1996, sections 469.173, subdivision 2; 58.35 and 469.308, subdivision 2, are repealed. 58.36 Sec. 35. [EFFECTIVE DATE.] 59.1 This article is effective June 30, 1997. 59.2 ARTICLE 4 59.3 EXEMPTIONS RETAINED BUT AMENDED 59.4 Section 1. Minnesota Statutes 1996, section 124.648, 59.5 subdivision 3, is amended to read: 59.6 Subd. 3. [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 59.7 (a) The commissioner shall: 59.8 (1) encourage all districts to participate in the school 59.9 milk program for kindergartners; 59.10 (2) prepare program guidelines, not subject to chapter 59.11 14 until July 1, 1998, which will effectively and efficiently 59.12 distribute appropriated and donated money to participating 59.13 districts; and 59.14 (3) seek donations and matching funds from appropriate 59.15 private and public sources. 59.16 (b) Program guidelines may provide for disbursement to 59.17 districts through a mechanism of prepayments or by reimbursement 59.18 for approved program expenses. 59.19 (c) It is suggested that the benefits of the school milk 59.20 program may reach the largest number of kindergarten students if 59.21 districts are allowed to submit annual bids stating the 59.22 per-serving level of support that would be acceptable to the 59.23 district for their participation in the program. The 59.24 commissioner would review all bids received and approve bids in 59.25 sufficient number and value to maximize the provision of milk to 59.26 kindergarten students consistent with available funds. 59.27 Sec. 2. Minnesota Statutes 1996, section 128C.02, 59.28 subdivision 4, is amended to read: 59.29 Subd. 4. [RULES ARE APA EXEMPT.] The rules of the league 59.30 are exempt fromsections 14.02, 14.04 to 14.28, 14.38, 14.44 to59.3114.45, and 14.57 to 14.62chapter 14, including section 14.386. 59.32 Sec. 3. Minnesota Statutes 1996, section 128C.02, is 59.33 amended by adding a subdivision to read: 59.34 Subd. 4a. [PROCEDURES.] (a) For purposes of this 59.35 subdivision, a "rule" is any league statement of general 59.36 applicability and future effect, including amendment or repeal 60.1 of such a statement, that affects eligibility of pupils to 60.2 participate in contests between pupils of Minnesota high schools. 60.3 (b) The governing board of the league may delegate 60.4 authority to adopt rules to the league delegate assembly. 60.5 However, the league must comply with the requirements of 60.6 paragraphs (c) and (d) before final adoption of the rules. 60.7 (c) Before adopting a rule, the league must: 60.8 (1) give notice of the proposed rule, in a manner 60.9 reasonably designed to reach people who will be affected by the 60.10 rule, including: 60.11 (i) mailing a free copy to all member schools and to people 60.12 who have requested mailed notice; 60.13 (ii) providing notice through the Internet; and 60.14 (iii) providing a free copy to any person upon request; 60.15 (2) provide at least 30 days after the notice is given for 60.16 people to submit written comments on the proposed rule; and 60.17 (3) provide opportunity for a public hearing on the 60.18 proposed rule if requested in writing by at least 100 people 60.19 during the 30-day comment period. 60.20 (d) If a public hearing is required on a proposed rule, the 60.21 hearing must be conducted by an administrative law judge from 60.22 the office of administrative hearings. At the hearing, a 60.23 representative of the league must present oral or written 60.24 testimony showing why the proposed rule is needed and 60.25 reasonable. Members of the public must be allowed an 60.26 opportunity to present oral and written testimony at the 60.27 hearing. After the hearing, the administrative law judge shall 60.28 write a report evaluating: 60.29 (1) the extent to which the league has complied with 60.30 procedural requirements governing league rulemaking; 60.31 (2) the extent to which the league has shown that the 60.32 proposed rule is needed and reasonable; and 60.33 (3) the legality of the proposed rule. 60.34 If the administrative law judge determines that the proposed 60.35 rule is not legal, the league may not adopt the rule until it 60.36 has remedied the legal defect described by the administrative 61.1 law judge. The remainder of the administrative law judge's 61.2 report is advisory only. 61.3 (e) This subdivision does not apply to rules adopted before 61.4 the effective date of this section. However, upon written 61.5 request of 100 or more people, the league must readopt a rule 61.6 adopted before the effective date of this section, following the 61.7 requirements of paragraphs (c) and (d). If readoption is 61.8 required under this paragraph, the rule that is the subject of 61.9 the readoption petition ceases to be effective 180 days after 61.10 the petition is filed, unless it is adopted in the manner 61.11 required in this paragraph. 61.12 Sec. 4. Minnesota Statutes 1996, section 245A.09, 61.13 subdivision 10, is amended to read: 61.14 Subd. 10. [RULEMAKING PROCESS; COMMISSIONER EXEMPTED.] 61.15 When developing, making, adopting, and issuing interpretive 61.16 guidelines under the authority granted under subdivision 8, the 61.17 commissioner is exempt from the rulemaking provisions of chapter 61.18 14 until July 1, 1998. 61.19 Sec. 5. Minnesota Statutes 1996, section 256B.434, 61.20 subdivision 12, is amended to read: 61.21 Subd. 12. [CONTRACTS ARE VOLUNTARY.] Participation of 61.22 nursing facilities in the alternative payment demonstration 61.23 project is voluntary. The terms and procedures governing the 61.24 alternative payment demonstration project are determined under 61.25 this section and through negotiations between the commissioner 61.26 and nursing facilities that have submitted a letter of intent to 61.27 participate in the alternative demonstration project. For 61.28 purposes of developing requests for proposals and contract 61.29 requirements, and negotiating the terms, conditions, and 61.30 requirements of contracts the commissioner is exempt from the 61.31 rulemaking requirements in chapter 14 until December 31, 2000. 61.32 Sec. 6. [REPORT.] 61.33 The world trade center corporation shall report to the 61.34 legislative coordinating commission, or another joint 61.35 legislative group established to review administrative rules, by 61.36 January 15, 1999, on the desirability of continuing the 62.1 corporation's exemption from Minnesota Statutes, chapter 14. 62.2 Sec. 7. [EFFECTIVE DATE; APPLICATION.] 62.3 Sections 1, 4, and 5 are effective June 30, 1997. Sections 62.4 2 and 3 are effective the day following final enactment. Rules 62.5 adopted before the effective date of sections 2 and 3 remain in 62.6 effect until amended or repealed, except as provided in section 62.7 3, paragraph (e). 62.8 ARTICLE 5 62.9 RULEMAKING EXEMPTION PROCEDURES AND TECHNICAL CHANGES 62.10 Section 1. Minnesota Statutes 1996, section 14.03, 62.11 subdivision 3, is amended to read: 62.12 Subd. 3. [RULEMAKING PROCEDURES.] (a) The definition of a 62.13 rule in section 14.02, subdivision 4, does not include: 62.14 (1) rules concerning only the internal management of the 62.15 agency or other agencies that do not directly affect the rights 62.16 of or procedures available to the public; 62.17 (2) an application deadline on a form; and the remainder of 62.18 a form and instructions for use of the form to the extent that 62.19 they do not impose substantive requirements other than 62.20 requirements contained in statute or rule; 62.21 (3) the curriculum adopted by an agency to implement a 62.22 statute or rule permitting or mandating minimum educational 62.23 requirements for persons regulated by an agency; 62.24 (4) procedures for sharing data among government agencies, 62.25 provided these procedures are consistent with chapter 13 and 62.26 other law governing data practices; 62.27 (5) rules that are necessary to comply with a requirement 62.28 in federal law or that are necessary to avoid a denial of funds 62.29 or services from the federal government that would otherwise be 62.30 available to the state. 62.31 (b) The definition of a rule in section 14.02, subdivision 62.32 4, does not include: 62.33 (1) rules of the commissioner of corrections relating to 62.34 the placement and supervision of inmates serving a supervised 62.35 release term, the internal management of institutions under the 62.36 commissioner's control, and rules adopted under section 609.105 63.1 governing the inmates of those institutions; 63.2(3)(2) rules relating to weight limitations on the use of 63.3 highways when the substance of the rules is indicated to the 63.4 public by means of signs; 63.5(4)(3) opinions of the attorney general; 63.6(5) the systems architecture plan and long-range plan of63.7the state education management information system provided by63.8section 121.931;63.9(6)(4) the data element dictionary and the annual data 63.10 acquisition calendar of the department of children, families, 63.11 and learning to the extent provided by section 121.932; 63.12(7)(5) the occupational safety and health standards 63.13 provided in section 182.655; 63.14(8)(6) revenue notices and tax information bulletins of 63.15 the commissioner of revenue; 63.16(9)(7) uniform conveyancing forms adopted by the 63.17 commissioner of commerce under section 507.09; or 63.18(10)(8) the interpretive guidelines developed by the 63.19 commissioner of human services to the extent provided in chapter 63.20 245A. 63.21 Sec. 2. Minnesota Statutes 1996, section 14.03, is amended 63.22 by adding a subdivision to read: 63.23 Subd. 4. [REVIEW OF EXCLUSIONS.] The governor, the 63.24 legislative coordinating commission, or a joint legislative 63.25 group designated by the legislative coordinating commission 63.26 under section 3.305, subdivision 6, may seek review of an agency 63.27 determination that a statement of general applicability and 63.28 future effect made to implement a law is excluded from the 63.29 definition of a rule by subdivision 3, paragraph (a). Review 63.30 may be sought under this subdivision by filing a request for 63.31 review with the chief administrative law judge. Upon filing of 63.32 a request, the affected agency must file a concise statement 63.33 with the chief administrative law judge stating why the agency 63.34 believes its statement of general applicability and future 63.35 effect made to implement a law is excluded from the definition 63.36 of a rule. The chief administrative law judge, or an 64.1 administrative law judge assigned by the chief, shall determine 64.2 if the agency statement of general applicability and future 64.3 effect made to implement a law is excluded from the definition 64.4 of a rule by subdivision 3, paragraph (a). If the chief 64.5 administrative law judge or the judge assigned by the chief 64.6 determines that the agency statement of general applicability 64.7 and future effect made to implement a law is a rule, and is not 64.8 excluded from the definition of the rule by subdivision 3, 64.9 paragraph (a), the agency may not implement the statement of 64.10 general applicability and future effect made to implement a law 64.11 without following the rulemaking requirements of this chapter. 64.12 Sec. 3. Minnesota Statutes 1996, section 14.386, is 64.13 amended to read: 64.14 14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.] 64.15 (a) A rule adopted, amended, or repealed by an agency, 64.16 under a statute enacted after January 1, 1997, authorizing or 64.17 requiring rules to be adopted but excluded from the rulemaking 64.18 provisions of chapter 14 or from the definition of a rule, has 64.19 the force and effect of law only if: 64.20 (1) the revisor of statutes approves the form of the rule 64.21 by certificate; 64.22 (2) the office of administrative hearings approves the rule 64.23 as to its legality within 14 days after the agency submits it 64.24 for approval and files two copies of the rule with the revisor's 64.25 certificate in the office of the secretary of state; and 64.26 (3) a copy is published by the agency in the State Register. 64.27 A statute referred to in this paragraph does not excuse 64.28 compliance with this section unless it makes specific reference 64.29 to this section. 64.30 (b) A rule adopted under this section is effective for a 64.31 period of two years from the date of publication of the rule in 64.32 the State Register. The authority for the rule expires at the 64.33 end of this two-year period. 64.34 (c) The chief administrative law judge shall adopt rules 64.35 relating to the rule approval duties imposed by this section and 64.36 section 14.388, including rules establishing standards for 65.1 review. 65.2 (d)This section does not apply to rules adopted, amended,65.3or repealed under section 14.388.65.4 This sectionalsodoes not apply to: 65.5 (1)rules implementing emergency powers pursuant to65.6sections 12.31 to 12.37;65.7(2) rules of agencies directly in the legislative or65.8judicial branches;65.9(3) rules of the regents of the University of Minnesota;65.10(4) rules of the department of military affairs;65.11(5) rules of the comprehensive health association provided65.12in section 62E.10;65.13(6) rules of the tax court provided by section 271.06;65.14(7) rules concerning only the internal management of the65.15agency or other agencies, and which do not directly affect the65.16rights of or procedure available to the public;65.17(8) rules of the commissioner of corrections relating to65.18the placement and supervision of inmates serving a supervised65.19release term, the internal management of institutions under the65.20commissioner's control, and rules adopted under section 609.10565.21governing the inmates of those institutions;65.22(9) rules relating to weight limitations on the use of65.23highways when the substance of the rules is indicated to the65.24public by means of signs;65.25(10) opinions of the attorney general;65.26(11) the systems architecture plan and long-range plan of65.27the state education management information system provided by65.28section 121.931;65.29(12) the data element dictionary and the annual data65.30acquisition calendar of the department of children, families,65.31and learning to the extent provided by section 121.932;65.32(13) the occupational safety and health standards provided65.33in section 182.655;65.34(14) revenue notices and tax information bulletins of the65.35commissioner of revenue;65.36(15) uniform conveyancing forms adopted by the commissioner66.1of commerce under section 507.09any group or rule listed in 66.2 section 14.03, subdivisions 1 and 3; 66.3(16)(2) game and fish rules of the commissioner of natural 66.4 resources adopted under section 84.027, subdivision 13, or 66.5 sections 97A.0451 to 97A.0459; 66.6(17)(3) experimental and special management waters 66.7 designated by the commissioner of natural resources under 66.8 sections 97C.001 and 97C.005; or 66.9(18)(4) game refuges designated by the commissioner of 66.10 natural resources under section 97A.085. 66.11 Sec. 4. [14.389] [EXPEDITED PROCESS.] 66.12 Subdivision 1. [APPLICATION.] This section applies when a 66.13 law requiring or authorizing rules to be adopted states that 66.14 this section must or may be used to adopt the rules. When a law 66.15 refers to this section, the process in this section is the only 66.16 process an agency must follow for its rules to have the force 66.17 and effect of law. Sections 14.19 and 14.366 apply to rules 66.18 adopted under this section. 66.19 Subd. 2. [NOTICE AND COMMENT.] The agency must publish 66.20 notice of the proposed rule in the State Register and must mail 66.21 the notice to persons who have registered with the agency to 66.22 receive mailed notices. The mailed notice must include either a 66.23 copy of the proposed rule or a description of the nature and 66.24 effect of the proposed rule and a statement that a free copy is 66.25 available from the agency upon request. The notice in the State 66.26 Register must include the proposed rule or the amended rule in 66.27 the form required by the revisor under section 14.07, and a 66.28 citation to the most specific statutory authority for the rule, 66.29 including authority for the rule to be adopted under the process 66.30 in this section. The agency must allow 30 days after 66.31 publication in the State Register for comment on the rule. 66.32 Subd. 3. [ADOPTION.] The agency may modify a proposed rule 66.33 if the modifications do not result in a substantially different 66.34 rule, as defined in section 14.05, subdivision 2, paragraphs (b) 66.35 and (c). If the final rule is identical to the rule originally 66.36 published in the State Register, the agency must publish a 67.1 notice of adoption in the State Register. If the final rule is 67.2 different from the rule originally published in the State 67.3 Register, the agency must publish a copy of the changes in the 67.4 State Register. The rule is effective upon publication in the 67.5 State Register. 67.6 Subd. 4. [LEGAL REVIEW.] Before publication of the final 67.7 rule in the State Register, the agency must submit the rule to 67.8 an administrative law judge in the office of administrative 67.9 hearings. The administrative law judge shall within 14 days 67.10 approve or disapprove the rule as to its legality and its form 67.11 to the extent the form relates to legality. 67.12 Subd. 5. [OPTION.] A law authorizing or requiring rules to 67.13 be adopted under this section may refer specifically to this 67.14 subdivision. If the law contains a specific reference to this 67.15 subdivision, as opposed to a general reference to this section: 67.16 (1) the notice required in subdivision 2 must include a 67.17 statement that a public hearing will be held if 100 or more 67.18 people request a hearing. The request must be in the manner 67.19 specified in section 14.25; and 67.20 (2) if 100 or more people submit a written request for a 67.21 public hearing, the agency may adopt the rule only after 67.22 complying with all of the requirements of chapter 14 for rules 67.23 adopted after a public hearing. 67.24 Sec. 5. Minnesota Statutes 1996, section 14.47, 67.25 subdivision 1, is amended to read: 67.26 Subdivision 1. [PLAN OF PUBLICATION AND SUPPLEMENTATION.] 67.27 The revisor of statutes shall: 67.28 (1) formulate a plan for the compilation of all permanent 67.29 agency rules and, to the extent practicable, other rules, 67.30 adopted pursuant to the administrative procedure act or filed 67.31 pursuant to the provisions of section 14.38, subdivisions 5 to 9 67.32 or section 14.386 which were in effect at the time the rules 67.33 were filed or subdivision 11, including their order, 67.34 classification, arrangement, form, and indexing, and any 67.35 appropriate tables, annotations, cross references, citations to 67.36 applicable statutes, explanatory notes, and other appropriate 68.1 material to facilitate use of the rules by the public, and for 68.2 the compilation's composition, printing, binding, and 68.3 distribution; 68.4 (2) publish the compilation of permanent agency rules and, 68.5 if practicable, other rules, adopted pursuant to the 68.6 administrative procedure act or filed pursuant to the provisions 68.7 of section 14.38, subdivisions 5 to 9 or section 14.386 which 68.8 were in effect at the time the rules were filed or subdivision 68.9 11, which shall be called "Minnesota Rules"; 68.10 (3) periodically either publish a supplement or a new 68.11 compilation, which includes all rules adopted since the last 68.12 supplement or compilation was published and removes rules 68.13 incorporated in prior compilations or supplements which are no 68.14 longer effective; 68.15 (4) include in Minnesota Rules a consolidated list of 68.16 publications and other documents incorporated by reference into 68.17 the rules after June 30, 1981, and found conveniently available 68.18 by the revisor under section 14.07, subdivision 4, indicating 68.19 where the publications or documents are conveniently available 68.20 to the public; and 68.21 (5) copyright any compilations and or supplements in the 68.22 name of the state of Minnesota. 68.23 Sec. 6. Minnesota Statutes 1996, section 15.50, 68.24 subdivision 2, is amended to read: 68.25 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, 68.26 prescribe, and from time to time, after a public hearing, amend 68.27 a comprehensive use plan for the capitol area, called the area 68.28 in this subdivision, which consists of that portion of the city 68.29 of Saint Paul comprehended within the following boundaries: 68.30 Beginning at the point of intersection of the center line of the 68.31 Arch-Pennsylvania freeway and the center line of Marion Street, 68.32 thence southerly along the center line of Marion Street extended 68.33 to a point 50 feet south of the south line of Concordia Avenue, 68.34 thence southeasterly along a line extending 50 feet from the 68.35 south line of Concordia Avenue to a point 125 feet from the west 68.36 line of John Ireland Boulevard, thence southwesterly along a 69.1 line extending 125 feet from the west line of John Ireland 69.2 Boulevard to the south line of Dayton Avenue, thence 69.3 northeasterly from the south line of Dayton Avenue to the west 69.4 line of John Ireland Boulevard, thence northeasterly to the 69.5 center line of the intersection of Old Kellogg Boulevard and 69.6 Summit Avenue, thence northeasterly along the center line of 69.7 Summit Avenue to the center line of the new West Kellogg 69.8 Boulevard, thence southerly along the east line of the new West 69.9 Kellogg Boulevard, to the center line of West Seventh Street, 69.10 thence northeasterly along the center line of West Seventh 69.11 Street to the center line of the Fifth Street ramp, thence 69.12 northwesterly along the center line of the Fifth Street ramp to 69.13 the east line of the right-of-way of Interstate Highway 35-E, 69.14 thence northeasterly along the east line of the right-of-way of 69.15 Interstate Highway 35-E to the south line of the right-of-way of 69.16 Interstate Highway 94, thence easterly along the south line of 69.17 the right-of-way of Interstate Highway 94 to the west line of 69.18 St. Peter Street, thence southerly to the south line of Exchange 69.19 Street, thence easterly along the south line of Exchange Street 69.20 to the west line of Cedar Street, thence northerly along the 69.21 west line of Cedar Street to the center line of Tenth Street, 69.22 thence northeasterly along the center line of Tenth Street to 69.23 the center line of Minnesota Street, thence northwesterly along 69.24 the center line of Minnesota Street to the center line of 69.25 Eleventh Street, thence northeasterly along the center line of 69.26 Eleventh Street to the center line of Jackson Street, thence 69.27 northwesterly along the center line of Jackson Street to the 69.28 center line of the Arch-Pennsylvania freeway extended, thence 69.29 westerly along the center line of the Arch-Pennsylvania freeway 69.30 extended and Marion Street to the point of origin. If 69.31 construction of the labor interpretive center does not commence 69.32 prior to December 31, 2000, at the site recommended by the 69.33 board, the boundaries of the capitol area revert to their 69.34 configuration as of 1992. 69.35 Under the comprehensive plan, or a portion of it, the board 69.36 may regulate, by means of zoning rules adopted under the 70.1 administrative procedure act, the kind, character, height, and 70.2 location, of buildings and other structures constructed or used, 70.3 the size of yards and open spaces, the percentage of lots that 70.4 may be occupied, and the uses of land, buildings and other 70.5 structures, within the area. To protect and enhance the 70.6 dignity, beauty, and architectural integrity of the capitol 70.7 area, the board is further empowered to include in its zoning 70.8 rules design review procedures and standards with respect to any 70.9 proposed construction activities in the capitol area 70.10 significantly affecting the dignity, beauty, and architectural 70.11 integrity of the area. No person may undertake these 70.12 construction activities as defined in the board's rules in the 70.13 capitol area without first submitting construction plans to the 70.14 board, obtaining a zoning permit from the board, and receiving a 70.15 written certification from the board specifying that the person 70.16 has complied with all design review procedures and standards. 70.17 Violation of the zoning rules is a misdemeanor. The board may, 70.18 at its option, proceed to abate any violation by injunction. 70.19 The board and the city of Saint Paul shall cooperate in assuring 70.20 that the area adjacent to the capitol area is developed in a 70.21 manner that is in keeping with the purpose of the board and the 70.22 provisions of the comprehensive plan. 70.23 (b) The commissioner of administration shall act as a 70.24 consultant to the board with regard to the physical structural 70.25 needs of the state. The commissioner shall make studies and 70.26 report the results to the board when it requests reports for its 70.27 planning purpose. 70.28 (c) No public building, street, parking lot, or monument, 70.29 or other construction may be built or altered on any public 70.30 lands within the area unless the plans for the project conform 70.31 to the comprehensive use plan as specified in paragraph (d) and 70.32 to the requirement for competitive plans as specified in 70.33 paragraph (e). No alteration substantially changing the 70.34 external appearance of any existing public building approved in 70.35 the comprehensive plan or the exterior or interior design of any 70.36 proposed new public building the plans for which were secured by 71.1 competition under paragraph (e) may be made without the prior 71.2 consent of the board. The commissioner of administration shall 71.3 consult with the board regarding internal changes having the 71.4 effect of substantially altering the architecture of the 71.5 interior of any proposed building. 71.6 (d) The comprehensive plan must show the existing land uses 71.7 and recommend future uses including: areas for public taking 71.8 and use; zoning for private land and criteria for development of 71.9 public land, including building areas, open spaces, monuments, 71.10 and other memorials; vehicular and pedestrian circulation; 71.11 utilities systems; vehicular storage; elements of landscape 71.12 architecture. No substantial alteration or improvement may be 71.13 made to public lands or buildings in the area without the 71.14 written approval of the board. 71.15 (e) The board shall secure by competitions plans for any 71.16 new public building. Plans for any comprehensive plan, 71.17 landscaping scheme, street plan, or property acquisition that 71.18 may be proposed, or for any proposed alteration of any existing 71.19 public building, landscaping scheme or street plan may be 71.20 secured by a similar competition. A competition must be 71.21 conducted under rules prescribed by the board and may be of any 71.22 type which meets the competition standards of the American 71.23 Institute of Architects. Designs selected become the property 71.24 of the state of Minnesota, and the board may award one or more 71.25 premiums in each competition and may pay the costs and fees that 71.26 may be required for its conduct. At the option of the board, 71.27 plans for projects estimated to cost less than $1,000,000 may be 71.28 approved without competition provided the plans have been 71.29 considered by the advisory committee described in paragraph 71.30 (h). Plans for projects estimated to cost less than $400,000 71.31 and for construction of streets need not be considered by the 71.32 advisory committee if in conformity with the comprehensive plan. 71.33 (f) Notwithstanding paragraph (e), an architectural 71.34 competition is not required for the design of any light rail 71.35 transit station and alignment within the capitol area. The 71.36 board and its advisory committee shall select a preliminary 72.1 design for any transit station in the capitol area. Each stage 72.2 of any station's design through working drawings must be 72.3 reviewed by the board's advisory committee and approved by the 72.4 board to ensure that the station's design is compatible with the 72.5 comprehensive plan for the capitol area and the board's design 72.6 criteria. The guideway and track design of any light rail 72.7 transit alignment within the capitol area must also be reviewed 72.8 by the board's advisory committee and approved by the board. 72.9 (g) Of the amount available for the light rail transit 72.10 design, adequate funds must be available to the board for design 72.11 framework studies and review of preliminary plans for light rail 72.12 transit alignment and stations in the capitol area. 72.13 (h) The board may not adopt any plan under paragraph (e) 72.14 unless it first receives the comments and criticism of an 72.15 advisory committee of three persons, each of whom is either an 72.16 architect or a planner, who have been selected and appointed as 72.17 follows: one by the board of the arts, one by the board, and 72.18 one by the Minnesota Society of the American Institute of 72.19 Architects. Members of the committee may not be contestants 72.20 under paragraph (e). The comments and criticism must be a 72.21 matter of public information. The committee shall advise the 72.22 board on all architectural and planning matters. For that 72.23 purpose, the committee must be kept currently informed 72.24 concerning, and have access to, all data, including all plans, 72.25 studies, reports and proposals, relating to the area as the data 72.26 are developed or in the process of preparation, whether by the 72.27 commissioner of administration, the commissioner of trade and 72.28 economic development, the metropolitan council, the city of 72.29 Saint Paul, or by any architect, planner, agency or 72.30 organization, public or private, retained by the board or not 72.31 retained and engaged in any work or planning relating to the 72.32 area, and a copy of any data prepared by any public employee or 72.33 agency must be filed with the board promptly upon completion. 72.34 The board may employ stenographic or technical help that 72.35 may be reasonable to assist the committee to perform its duties. 72.36 When so directed by the board, the committee may serve as, 73.1 and any member or members of the committee may serve on, the 73.2 jury or as professional advisor for any architectural 73.3 competition, and the board shall select the architectural 73.4 advisor and jurors for any competition with the advice of the 73.5 committee. 73.6 The city of Saint Paul shall advise the board. 73.7 (i) The comprehensive plan for the area must be developed 73.8 and maintained in close cooperation with the commissioner of 73.9 trade and economic development, the planning department and the 73.10 council for the city of Saint Paul, and the board of the arts, 73.11 and no plan or amendment of a plan may be effective without 90 73.12 days' notice to the planning department of the city of Saint 73.13 Paul and the board of the arts and without a public hearing with 73.14 opportunity for public testimony. 73.15 (j) The board and the commissioner of administration, 73.16 jointly, shall prepare, prescribe, and from time to time revise 73.17 standards and policies governing the repair, alteration, 73.18 furnishing, appearance, and cleanliness of the public and 73.19 ceremonial areas of the state capitol building. The board shall 73.20 consult with and receive advice from the director of the 73.21 Minnesota state historical society regarding the historic 73.22 fidelity of plans for the capitol building. The standards and 73.23 policies developed under this paragraph are binding upon the 73.24 commissioner of administration. The provisions ofsections73.2514.02, 14.04 to 14.28, 14.38, and 14.44 to 14.45chapter 14, 73.26 including section 14.386, do not apply to this paragraph. 73.27 (k) The board in consultation with the commissioner of 73.28 administration shall prepare and submit to the legislature and 73.29 the governor no later than October 1 of each even-numbered year 73.30 a report on the status of implementation of the comprehensive 73.31 plan together with a program for capital improvements and site 73.32 development, and the commissioner of administration shall 73.33 provide the necessary cost estimates for the program. The board 73.34 shall report any changes to the comprehensive plan adopted by 73.35 the board to the committee on governmental operations and 73.36 gambling of the house of representatives and the committee on 74.1 governmental operations and reform of the senate and upon 74.2 request shall provide testimony concerning the changes. The 74.3 board shall also provide testimony to the legislature on 74.4 proposals for memorials in the capitol area as to their 74.5 compatibility with the standards, policies, and objectives of 74.6 the comprehensive plan. 74.7 (l) The state shall, by the attorney general upon the 74.8 recommendation of the board and within appropriations available 74.9 for that purpose, acquire by gift, purchase, or eminent domain 74.10 proceedings any real property situated in the area described in 74.11 this section, and it may also acquire an interest less than a 74.12 fee simple interest in the property, if it finds that the 74.13 property is needed for future expansion or beautification of the 74.14 area. 74.15 (m) The board is the successor of the state veterans 74.16 service building commission, and as such may adopt rules and may 74.17 reenact the rules adopted by its predecessor under Laws 1945, 74.18 chapter 315, and amendments to it. 74.19 (n) The board shall meet at the call of the chair and at 74.20 such other times as it may prescribe. 74.21 (o) The commissioner of administration shall assign 74.22 quarters in the state veterans service building to (1) the 74.23 department of veterans affairs, of which a part that the 74.24 commissioner of administration and commissioner of veterans 74.25 affairs may mutually determine must be on the first floor above 74.26 the ground, and (2) the American Legion, Veterans of Foreign 74.27 Wars, Disabled American Veterans, Military Order of the Purple 74.28 Heart, United Spanish War Veterans, and Veterans of World War I, 74.29 and their auxiliaries, incorporated, or when incorporated, under 74.30 the laws of the state, and (3) as space becomes available, to 74.31 other state departments and agencies as the commissioner may 74.32 deem desirable. 74.33 Sec. 7. Minnesota Statutes 1996, section 18.022, 74.34 subdivision 9, is amended to read: 74.35 Subd. 9. [RULES.] The commissioner may adopt rules in 74.36 accordance withsections 14.02, 14.04 to 14.28, 14.38, 14.44 to75.114.45, and 14.57 to 14.62chapter 14 prescribing control 75.2 measures to be used to prevent the spread of shade tree diseases 75.3 and shall include the following: (a) A definition of shade 75.4 tree, (b) qualifications for inspectors, (c) methods of 75.5 identifying diseased shade trees, (d) procedures for giving 75.6 reasonable notice of inspection of private real property, (e) 75.7 measures for the treatment and removal of any shade tree which 75.8 may contribute to the spread of shade tree disease, and (f) such 75.9 other matters as shall be determined to be necessary by the 75.10 commissioner to prevent the spread of shade tree disease and 75.11 enforce the provisions of this section. The rules of the 75.12 commissioner shall apply in a county, city or town unless the 75.13 county, city or town adopts an ordinance or resolution pursuant 75.14 to subdivision 6 which is determined by the commissioner to be 75.15 more stringent than the rules of the commissioner. The rules of 75.16 the commissioner or the more stringent ordinance or resolution 75.17 of the city, county or town shall apply to all state agencies 75.18 and special purpose districts which own or control land within 75.19 any county, city or town exercising the powers granted in this 75.20 section. 75.21 Sec. 8. Minnesota Statutes 1996, section 18.0227, 75.22 subdivision 3, is amended to read: 75.23 Subd. 3. [ADMINISTRATION.] The commissioner shall develop 75.24 the experimental grasshopper control program and may adopt 75.25 rules, guidelines, and procedures notwithstanding chapter 14 to 75.26 implement the program, except the commissioner must comply with 75.27 section14.38, subdivisions 7 and 814.386, paragraph (a), 75.28 clauses (1) and (3). Section 14.386, paragraph (b), does not 75.29 apply to these rules, guidelines, and procedures. 75.30 Sec. 9. Minnesota Statutes 1996, section 62E.10, 75.31 subdivision 8, is amended to read: 75.32 Subd. 8. [DEPARTMENT OF STATE EXEMPTION.] The association 75.33 is exempt from the administrative procedure act but, to the 75.34 extent authorized by law to adopt rules, the association may use 75.35 the provisions of section14.38, subdivisions 5 to 914.386, 75.36 paragraph (a), clauses (1) and (3). Section 14.386, paragraph 76.1 (b), does not apply to these rules. 76.2 Sec. 10. Minnesota Statutes 1996, section 85A.02, 76.3 subdivision 5b, is amended to read: 76.4 Subd. 5b. [EXEMPTIONS.] The board is not subject to 76.5 sections 3.841 to 3.845, 15.057, 15.061, 16A.1285, and 16A.28; 76.6 chapter 16B, except for sections 16B.07, 16B.102, 16B.17, 76.7 16B.19, 16B.35, and 16B.55; and chapter 14, except section 76.814.38, subdivision 7, relating to the legal status of rules and76.9the legislative review of rules14.386, paragraph (a), clauses 76.10 (1) and (3). Section 14.386, paragraph (b), does not apply to 76.11 the board's actions. 76.12 Sec. 11. Minnesota Statutes 1996, section 85A.05, 76.13 subdivision 2, is amended to read: 76.14 Subd. 2. [ISSUANCE OF BONDS.] Upon request by resolution 76.15 of the Minnesota zoological board and upon authorization as 76.16 provided in subdivision 1 the commissioner of finance shall sell 76.17 and issue Minnesota zoological garden bonds in the aggregate 76.18 amount requested, upon sealed bids and upon such notice, at such 76.19 price, in such form and denominations, bearing interest at such 76.20 rate or rates, maturing in such amounts and on such dates, 76.21 without option of prepayment or subject to prepayment upon such 76.22 notice and at such times and prices, payable at such bank or 76.23 banks within or outside the state, with such provisions for 76.24 registration, conversion, and exchange and for the issuance of 76.25 notes in anticipation of the sale or delivery of definitive 76.26 bonds, and in accordance with such further rules, as the 76.27 commissioner of finance shall determine, subject to the approval 76.28 of the attorney general, but not subject tothe provisions of76.29sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.5776.30to 14.62chapter 14, including section 14.386. The bonds shall 76.31 be executed by the commissioner of finance and attested by the 76.32 state treasurer under their official seals. The signatures of 76.33 the officers on the bonds and any appurtenant interest coupons 76.34 and their seals may be printed, lithographed, engraved, or 76.35 stamped thereon, except that each bond shall be authenticated by 76.36 the manual signature on its face of one of the officers or of an 77.1 officer of a bank designated by them as authenticating agent. 77.2 The commissioner of finance shall ascertain and certify to the 77.3 purchasers of the bonds the performance and existence of all 77.4 acts, conditions, and things necessary to make them valid and 77.5 binding general obligations of the state of Minnesota, subject 77.6 to the approval of the attorney general. 77.7 Sec. 12. Minnesota Statutes 1996, section 115A.58, 77.8 subdivision 2, is amended to read: 77.9 Subd. 2. [ISSUANCE OF BONDS.] Upon request by the director 77.10 and upon authorization as provided in subdivision 1, the 77.11 commissioner of finance shall sell Minnesota state waste 77.12 management bonds. The bonds shall be in the aggregate amount 77.13 requested, and sold upon sealed bids upon the notice, at the 77.14 price in the form and denominations, bearing interest at the 77.15 rate or rates, maturing in the amounts and on the dates (with or 77.16 without option of prepayment upon notice and at specified times 77.17 and prices), payable at a bank or banks within or outside the 77.18 state (with provisions, if any, for registration, conversion, 77.19 and exchange and for the issuance of temporary bonds or notes in 77.20 anticipation of the sale or delivery of definitive bonds), and 77.21 in accordance with further provisions as the commissioner of 77.22 finance shall determine, subject to the approval of the attorney 77.23 general, but not subject tothe provisions of sections 14.02,77.2414.04 to 14.28, 14.38, 14.44 to 14.45, and 14.57 to77.2514.62chapter 14, including section 14.386. The bonds shall be 77.26 executed by the commissioner of finance and attested by the 77.27 state treasurer under their official seals. The signatures of 77.28 the officers on the bonds and any interest coupons and their 77.29 seals may be printed, lithographed, engraved, stamped, or 77.30 otherwise reproduced thereon, except that each bond shall be 77.31 authenticated by the manual signature on its face of one of the 77.32 officers or of an authorized representative of a bank designated 77.33 by the commissioner of finance as registrar or other 77.34 authenticating agent. The commissioner of finance shall 77.35 ascertain and certify to the purchasers of the bonds the 77.36 performance and existence of all acts, conditions, and things 78.1 necessary to make them valid and binding general obligations of 78.2 the state of Minnesota, subject to the approval of the attorney 78.3 general. 78.4 Sec. 13. Minnesota Statutes 1996, section 116.17, 78.5 subdivision 2, is amended to read: 78.6 Subd. 2. [ISSUANCE OF BONDS.] Upon request by resolution 78.7 of the agency and upon authorization as provided in subdivision 78.8 1 the commissioner of finance shall sell and issue Minnesota 78.9 state water pollution control bonds in the aggregate amount 78.10 requested, upon sealed bids and upon such notice, at such price, 78.11 in such form and denominations, bearing interest at a rate or 78.12 rates, maturing in amounts and on dates, with or without option 78.13 of prepayment upon notice and at specified times and prices, 78.14 payable at a bank or banks within or outside the state, with 78.15 provisions, if any, for registration, conversion, and exchange 78.16 and for the issuance of temporary bonds or notes in anticipation 78.17 of the sale or delivery of definitive bonds, and in accordance 78.18 with further provisions, as the commissioner of finance shall 78.19 determine, subject to the approval of the attorney general, but 78.20 not subject tothe provisions of sections 14.02, 14.04 to 14.28,78.2114.38, 14.44 to 14.45, and 14.57 to 14.62chapter 14, including 78.22 section 14.386. The bonds shall be executed by the commissioner 78.23 of finance and attested by the state treasurer under their 78.24 official seals. The signatures of the officers on the bonds and 78.25 any appurtenant interest coupons and their seals may be printed, 78.26 lithographed, engraved, stamped, or otherwise reproduced 78.27 thereon, except that each bond shall be authenticated by the 78.28 manual signature on its face of one of the officers or of an 78.29 authorized representative of a bank designated by the 78.30 commissioner as registrar or other authenticating agent. The 78.31 commissioner of finance shall ascertain and certify to the 78.32 purchasers of the bonds the performance and existence of all 78.33 acts, conditions, and things necessary to make them valid and 78.34 binding general obligations of the state of Minnesota, subject 78.35 to the approval of the attorney general. 78.36 Sec. 14. Minnesota Statutes 1996, section 116C.06, 79.1 subdivision 1, is amended to read: 79.2 Subdivision 1. The board shall hold public hearings on 79.3 matters that it determines to be of major environmental impact. 79.4 The board shall prescribe by rule in conformity to the 79.5 provisions ofsections 14.02, 14.04 to 14.28, 14.38, 14.44 to79.614.45, and 14.57 to 14.62chapter 14, the procedures for the 79.7 conduct of all hearings and review procedures. 79.8 Sec. 15. Minnesota Statutes 1996, section 124.41, 79.9 subdivision 2, is amended to read: 79.10 Subd. 2. [APPLICATION FORMS; RULES.] The commissioner, 79.11 with the assistance of the attorney general or a designated 79.12 assistant, shall prepare forms of applications for debt service 79.13 loans and capital loans and instruments evidencing the loans. 79.14 The state board shall promulgate rules to facilitate the 79.15 commissioner's operations in compliance with sections 124.36 to 79.16 124.46. The rules shall be subject tothe procedure set forth79.17in sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and79.1814.57 to 14.62chapter 14. 79.19 Sec. 16. Minnesota Statutes 1996, section 124.46, 79.20 subdivision 2, is amended to read: 79.21 Subd. 2. Upon receipt of each such certification, subject 79.22 to authorization as provided in subdivision 4, the commissioner 79.23 of finance shall from time to time as needed issue and sell 79.24 state of Minnesota school loan bonds in the aggregate principal 79.25 amount stated in the commissioner's certificate, for the prompt 79.26 and full payment of which, with the interest thereon, the full 79.27 faith, credit, and taxing powers of the state are hereby 79.28 irrevocably pledged, and shall credit the net proceeds of their 79.29 sale to the purposes for which they are appropriated by section 79.30 124.40, subdivision 1. Such bonds shall be issued and sold at 79.31 such price, in such manner, in such number of series, at such 79.32 times, and in such form and denominations, shall bear such dates 79.33 of issue and of maturity, either without option of prior 79.34 redemption or subject to prepayment upon such notice and at such 79.35 times and prices, shall bear interest at such rate or rates and 79.36 payable at such intervals, shall be payable at such bank or 80.1 banks within or without the state, with such provisions for 80.2 registration, conversion, and exchange, and for the issuance of 80.3 notes in anticipation of the sale and delivery of definitive 80.4 bonds, and in accordance with such further provisions as the 80.5 commissioner of finance shall determine subject to the 80.6 limitations stated in this subdivision (but not subject tothe80.7provisions of sections 14.02, 14.04 to 14.28, 14.38, 14.44 to80.814.45, and 14.57 to 14.62chapter 14, including section 14.386). 80.9 The maturity date shall in no case be more than 20 years after 80.10 the date of issue of any bond and the principal amounts and due 80.11 dates shall conform as near as may be with the commissioner's 80.12 estimates of dates and amounts of payments to be received on 80.13 debt service and capital loans. The bonds and any interest 80.14 coupons appurtenant to them shall be executed by the 80.15 commissioner of finance and attested by the state treasurer 80.16 under their official seals. The signatures of these officers 80.17 and their seals may be printed, lithographed, stamped, engraved, 80.18 or otherwise reproduced thereon. Each bond shall be 80.19 authenticated by the manual signature on its face of one of the 80.20 officers or a person authorized to sign on behalf of a bank or 80.21 trust company designated by the commissioner to act as registrar 80.22 or other authenticating agent. The commissioner of finance is 80.23 authorized and directed to ascertain and certify to purchasers 80.24 of the bonds the performance and existence of all acts, 80.25 conditions, and things necessary to make them valid and binding 80.26 general obligations of the state of Minnesota in accordance with 80.27 their terms. 80.28 Sec. 17. Minnesota Statutes 1996, section 136A.40, is 80.29 amended to read: 80.30 136A.40 [ADMINISTRATION.] 80.31 The administration of sections 136A.25 to 136A.42, shall be 80.32 under the authority independent of other departments and 80.33 agencies and notwithstanding chapter 16B. The authority shall 80.34 not be subject to the provisions ofsections 14.02, 14.04 to80.3514.28, 14.38, 14.44 to 14.45, and 14.57 to 14.62chapter 14, 80.36 including section 14.386 in connection with the adoption of any 81.1 rules, rents, fees or charges or with the exercise of any other 81.2 powers or duties. 81.3 Sec. 18. Minnesota Statutes 1996, section 145.925, 81.4 subdivision 9, is amended to read: 81.5 Subd. 9. [RULES; REGIONAL FUNDING.] Notwithstanding any 81.6 rules to the contrary, including rules proposed in the State 81.7 Register on April 1, 1991, the commissioner, in allocating grant 81.8 funds for family planning special projects, shall not limit the 81.9 total amount of funds that can be allocated to an organization 81.10 that has submitted applications from more than one region, 81.11 except that no more than $75,000 may be allocated to any grantee 81.12 within a single region. For two or more organizations who have 81.13 submitted a joint application, that limit is $75,000 for each 81.14 organization. This subdivision does not affect any procedure 81.15 established in rule for allocating special project money to the 81.16 different regions. The commissioner shall revise the rules for 81.17 family planning special project grants so that they conform to 81.18 the requirements of this subdivision. In adopting these 81.19 revisions, the commissioner is not subject to the rulemaking 81.20 provisions of chapter 14, but is bound by section14.38,81.21subdivision 714.386, paragraph (a), clauses (1) and (3). 81.22 Section 14.386, paragraph (b), does not apply to these rules. 81.23 Sec. 19. Minnesota Statutes 1996, section 150A.04, 81.24 subdivision 5, is amended to read: 81.25 Subd. 5. [RULES.] The board may promulgate rules as are 81.26 necessary to carry out and make effective the provisions and 81.27 purposes of sections 150A.01 to 150A.12, in accordance with 81.28sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.5781.29to 14.62chapter 14. The rules may specify training and 81.30 education necessary for administering general anesthesia and 81.31 intravenous conscious sedation. 81.32 Sec. 20. Minnesota Statutes 1996, section 152.02, 81.33 subdivision 12, is amended to read: 81.34 Subd. 12. If any substance is designated, rescheduled, or 81.35 deleted as a controlled substance under federal law and notice 81.36 thereof is given to the state board of pharmacy, the state board 82.1 of pharmacy shall similarly control the substance under this 82.2 chapter, after the expiration of 30 days from publication in the 82.3 Federal Register of a final order designating a substance as a 82.4 controlled substance or rescheduling or deleting a substance. 82.5 Such order shall be filedpursuant to section 14.38with the 82.6 secretary of state. If within that 30-day period, the state 82.7 board of pharmacy objects to inclusion, rescheduling, or 82.8 deletion, it shall publish the reasons for objection and afford 82.9 all interested parties an opportunity to be heard. At the 82.10 conclusion of the hearing, the state board of pharmacy shall 82.11 publish its decision, which shall be subject to the provisions 82.12 of chapter 14. 82.13 In exercising the authority granted by this chapter, the 82.14 state board of pharmacy shall be subject to the provisions of 82.15 chapter 14. The state board of pharmacy shall provide copies of 82.16 any proposed rule under this chapter to the advisory council on 82.17 controlled substances at least 30 days prior to any hearing 82.18 required by section 14.14, subdivision 1. The state board of 82.19 pharmacy shall consider the recommendations of the advisory 82.20 council on controlled substances, which may be made prior to or 82.21 at the hearing. 82.22 Sec. 21. Minnesota Statutes 1996, section 161.1231, 82.23 subdivision 5, is amended to read: 82.24 Subd. 5. [FEES.] The commissioner shall establish and 82.25 collect fees for use of the parking facilities. The fees must 82.26 be established and adjusted in compliance with United States 82.27 Code, title 23, section 137, and are not subject to chapter 14, 82.28 including section14.38, subdivisions 5 to 914.386, or 16A.1285. 82.29 Sec. 22. Minnesota Statutes 1996, section 167.50, 82.30 subdivision 2, is amended to read: 82.31 Subd. 2. [ISSUANCE AND SALE.] The bonds shall be issued 82.32 and sold upon sealed bids after published notice. The bonds 82.33 shall be issued and sold at the times and prices (not less than 82.34 par and accrued interest), in the form and denominations, 82.35 bearing interest at the rate or rates, maturing on dates, with 82.36 or without option of prior redemption upon notice and at 83.1 specified times and prices, payable at a bank or banks, within 83.2 or without the state, with provisions for registration, 83.3 conversion, and exchange and for the issuance of temporary bonds 83.4 or notes in anticipation of the sale and delivery of definitive 83.5 bonds, and in accordance with such further provisions, as the 83.6 commissioner of finance may determine, subject to the approval 83.7 of the attorney general (but not subject to the provisions of 83.8sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.5783.9to 14.62chapter 14, including 14.386). Each bond shall mature 83.10 within 20 years from its date of issue and shall be executed by 83.11 the commissioner of finance and attested by the state treasurer 83.12 under their official seals. The signatures of these officers on 83.13 the face of and any interest coupons appurtenant to any bond, 83.14 and their seals may be printed, lithographed, stamped, engraved, 83.15 or otherwise reproduced thereon, provided that the signature of 83.16 one of the officers, or of an authorized representative of a 83.17 corporate registrar or other agent designated by the 83.18 commissioner of finance to authenticate the bonds, shall be 83.19 manually subscribed on the face of each bond. 83.20 Sec. 23. Minnesota Statutes 1996, section 169.06, 83.21 subdivision 1, is amended to read: 83.22 Subdivision 1. [UNIFORM SYSTEM.] The commissioner shall 83.23 adopt a manual and specifications for a uniform system of 83.24 traffic-control devices consistent with the provisions of this 83.25 chapter for use upon highways within this state. Such uniform 83.26 system shall correlate with and so far as possible conform to 83.27 the system then current as approved by the American Association 83.28 of State Highway Officials. The manual and specifications must 83.29 include the design and wording of minimum-maintenance road 83.30 signs. The adoption of the manual and specifications by the 83.31 commissioner as herein provided is specifically exempted from 83.32the provisions and requirements of sections 14.02, 14.04 to83.3314.28, 14.38, 14.44 to 14.45, and 14.57 to 14.62 and acts83.34amendatory theretochapter 14, including section 14.386. 83.35 Sec. 24. Minnesota Statutes 1996, section 174.51, 83.36 subdivision 2, is amended to read: 84.1 Subd. 2. [SALE; GENERAL OBLIGATIONS.] The bonds shall be 84.2 sold upon sealed bids and upon notice, at a price, in form and 84.3 denominations, bearing interest at a rate or rates, maturing in 84.4 amounts and on dates, without option of prior redemption or 84.5 subject to prepayment upon notice and at times and prices, 84.6 payable at a bank or banks within or outside the state, with or 84.7 without provisions for registration, conversion, exchange, and 84.8 issuance of temporary bonds or notes in anticipation of the sale 84.9 or delivery of definitive bonds, and in accordance with further 84.10 provisions, as the commissioner of finance shall determine 84.11 subject to the approval of the attorney general, but not subject 84.12 to the provisions ofsections 14.02, 14.04 to 14.28, 14.38,84.1314.44 to 14.45, and 14.57 to 14.62chapter 14, including 14.386. 84.14 Each bond shall mature within 20 years from its date of issue 84.15 and shall be executed by the commissioner of finance and 84.16 attested by the state treasurer under their official seals. The 84.17 signatures on the bonds and on any interest coupons and the 84.18 seals may be printed or otherwise reproduced, except that each 84.19 bond shall be authenticated by the manual signature on its face 84.20 of one of the officers or of a person authorized to sign on 84.21 behalf of a bank designated by the commissioner of finance as 84.22 registrar or other authenticating agent. The commissioner of 84.23 finance shall ascertain and certify to the purchasers of the 84.24 bonds the performance and existence of all acts, conditions, and 84.25 things necessary to make them valid and binding general 84.26 obligations of the state of Minnesota, subject to the approval 84.27 of the attorney general. 84.28 Sec. 25. Minnesota Statutes 1996, section 182.655, 84.29 subdivision 1, is amended to read: 84.30 Subdivision 1. Standards and variances shall be proposed, 84.31 granted, adopted, modified or revoked by the commissioner in 84.32 accordance with the procedures of this section. The standards 84.33 and variances are exempt from the administrative procedure act 84.34 but, to the extent authorized by law to adopt rules, the 84.35 commissioner may use the provisions of section14.38,84.36subdivisions 5 to 914.386, paragraph (a), clauses (1) and (3). 85.1 Section 14.386, paragraph (b), does not apply to these rules. 85.2 Sec. 26. Minnesota Statutes 1996, section 256B.501, 85.3 subdivision 10, is amended to read: 85.4 Subd. 10. [RULES.] To implement this section, the 85.5 commissioner shall promulgate rules in accordance with chapter 85.6 14.To implement subdivision 3, the commissioner shall85.7promulgate rules in accordance with sections 14.01 to 14.38.85.8 Sec. 27. Minnesota Statutes 1996, section 256B.502, is 85.9 amended to read: 85.10 256B.502 [RULES.] 85.11 The commissioners of health and human services shall 85.12 promulgate rules necessary to implement Laws 1983, chapter 199,85.13except as otherwise indicated in accordance with sections 14.0185.14to 14.38. 85.15 Sec. 28. Minnesota Statutes 1996, section 256B.503, is 85.16 amended to read: 85.17 256B.503 [RULES.] 85.18 To implement Laws 1983, chapter 312, article 9, sections 1 85.19 to 7, the commissioner shall promulgate rulesin accordance with85.20sections 14.01 to 14.38. Rules adopted to implement Laws 1983, 85.21 chapter 312, article 9, section 5, must (a) be in accord with 85.22 the provisions of Minnesota Statutes, chapter 256E, (b) set 85.23 standards for case management which include, encourage and 85.24 enable flexible administration, (c) require the county boards to 85.25 develop individualized procedures governing case management 85.26 activities, (d) consider criteria promulgated under section 85.27 256B.092, subdivision 3, and the federal waiver plan, (e) 85.28 identify cost implications to the state and to county boards, 85.29 and (f) require the screening teams to make recommendations to 85.30 the county case manager for development of the individual 85.31 service plan. 85.32 The commissioner shall adopt rules to implement this 85.33 section by July 1, 1986. 85.34 Sec. 29. Minnesota Statutes 1996, section 401.03, is 85.35 amended to read: 85.36 401.03 [PROMULGATION OF RULES; TECHNICAL ASSISTANCE.] 86.1 The commissioner shall, as provided insections 14.02,86.214.04 to 14.28, 14.38, 14.44 to 14.45, and 14.57 to86.314.62chapter 14, promulgate rules for the implementation of 86.4 sections 401.01 to 401.16, and shall provide consultation and 86.5 technical assistance to counties to aid them in the development 86.6 of comprehensive plans. 86.7 Sec. 30. Minnesota Statutes 1996, section 458A.03, 86.8 subdivision 2, is amended to read: 86.9 Subd. 2. [RULES.] The commission may prescribe and 86.10 promulgate rules as it deems necessary or expedient in 86.11 furtherance of the purposes of sections 458A.01 to 458A.15 upon 86.12 like procedure and with like force and effect as provided for 86.13 state agencies bysections 14.02, 14.04 to 14.28, 14.38, 14.4486.14to 14.45, and 14.57 to 14.62chapter 14. 86.15 Sec. 31. Minnesota Statutes 1996, section 475A.06, 86.16 subdivision 2, is amended to read: 86.17 Subd. 2. [FORMALITIES.] The bonds shall be issued and sold 86.18 upon sealed bids and upon such notice, at such price, at such 86.19 times, in such form and denominations, bearing interest at such 86.20 rate or rates, maturing in such amounts and on such dates, 86.21 either without option of prepayment or subject to prepayment 86.22 upon such notice and at such times and prices, payable at such 86.23 bank or banks within or outside the state, with such provisions 86.24 for registration, conversion, and exchange and for the issuance 86.25 of notes in anticipation of the sale or delivery of definitive 86.26 bonds, and in accordance with such further rules, as the 86.27 commissioner of finance shall determine, subject to the approval 86.28 of the attorney general, but not subject tothe provisions of86.29sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.5786.30to 14.62chapter 14, including section 14.386. The bonds shall 86.31 be executed by the commissioner of finance and attested by the 86.32 state treasurer under their official seals. The signatures of 86.33 the officers on the bonds and any appurtenant interest coupons 86.34 and their seals may be printed, lithographed, engraved, or 86.35 stamped thereon, except that each bond shall be authenticated by 86.36 the manual signature on its face of one of the officers or of an 87.1 officer of a bank designated by them as authenticating agent. 87.2 The commissioner of finance shall ascertain and certify to the 87.3 purchasers of the bonds the performance and existence of all 87.4 acts, conditions, and things necessary to make them valid and 87.5 binding general obligations of the state of Minnesota, subject 87.6 to the approval of the attorney general. 87.7 Sec. 32. Minnesota Statutes 1996, section 507.09, is 87.8 amended to read: 87.9 507.09 [FORMS APPROVED; AMENDMENTS.] 87.10 The several forms of deeds, mortgages, land contracts, 87.11 assignments, satisfactions, and other conveyancing instruments 87.12 prepared by the uniform conveyancing blanks commission and filed 87.13 by the commission with the secretary of state pursuant to Laws 87.14 1929, chapter 135, as amended by Laws 1931, chapter 34, are 87.15 approved and recommended for use in the state. Such forms shall 87.16 be kept on file with and be preserved by the commissioner of 87.17 commerce as a public record. The commissioner of commerce may 87.18 appoint an advisory task force on uniform conveyancing forms to 87.19 recommend to the commissioner of commerce amendments to existing 87.20 forms or the adoption of new forms. The task force shall 87.21 expire, and the terms, compensation, and removal of members 87.22 shall be as provided in section 15.059. The commissioner of 87.23 commerce may adopt amended or new forms consistent with the laws 87.24 of this state by complying with the procedures in section14.38,87.25subdivision 7, clauses (1), (2), and (3)14.386, paragraph (a), 87.26 clauses (1) and (3). Section 14.386, paragraph (b), does not 87.27 apply to these forms. 87.28 Sec. 33. [TRANSITION.] 87.29 The repeal of authority to use procedures in Minnesota 87.30 Statutes, section 14.38, subdivisions 5 to 9 to adopt rules and 87.31 the repeal of references to other rulemaking authority in 87.32 specific sections of Minnesota Statutes, chapter 14 does not 87.33 affect the validity of rules adopted under those procedures 87.34 before the effective date of this article. 87.35 Sec. 34. [REPEALER.] 87.36 (a) Minnesota Statutes 1996, section 14.387, is repealed. 88.1 (b) Minnesota Statutes 1996, section 14.38, subdivisions 5, 88.2 6, 7, 8, and 9, are repealed. 88.3 Sec. 35. [EFFECTIVE DATES.] 88.4 Sections 1 to 33, and 34, paragraph (b), are effective the 88.5 day following final enactment. 88.6 Section 34, paragraph (a), is effective June 30, 1997.