Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 260--S.F.No. 428
An act relating to state government; repealing or
amending the statutory authority for certain executive
branch advisory groups; providing authority for the
creation of certain task forces in the executive
branch; amending certain laws relating to the
organization and expiration of executive branch
advisory groups; amending Minnesota Statutes 1982,
sections 3.922; 3.9223, subdivision 1; 4.31,
subdivision 5; 11A.08, subdivision 4; 15.059,
subdivisions 5 and 6; 16.02, subdivision 28; 16.872;
16.90, subdivision 4; 16.91; 16.911; 21.112,
subdivision 2; 41.54, subdivision 2; 43A.31,
subdivision 4; 45.17, subdivision 6; 52.061; 52.062,
subdivision 3; 82.30, subdivision 1; 84.524,
subdivisions 1 and 2; 84B.11, subdivision 1; 86A.10,
subdivision 1; 116J.04; 121.87, subdivisions 1 and 3;
123.581, subdivision 1; 126.531, subdivision 1;
128A.03; 129B.09, subdivision 8; 144.011, subdivision
2; 145.919; 145.93, subdivisions 2 and 3; 145.98,
subdivisions 1 and 3; 148.191, subdivision 2; 149.02;
151.13, subdivision 2; 152.02, subdivisions 11 and 13;
155A.06, subdivisions 2 and 5; 156A.06, subdivision 1;
161.1419, by adding a subdivision; 175.007,
subdivision 1; 184.23; 198.055, by adding a
subdivision; 206.08, subdivision 3; 214.13,
subdivision 4; 241.64; 241.71; 245.84, subdivision 4;
246.017, subdivision 2; 252.31; 256.481; 256.482;
256B.58; 268.12, subdivision 6; 326.41; 363.04,
subdivisions 4 and 4a; 507.09; Laws 1975, chapter 235,
section 2; Laws 1976, chapter 314, section 3; and Laws
1980, chapter 614, section 192; repealing Minnesota
Statutes 1982, sections 16.853; 31.60, subdivisions 2
and 3; 84.524, subdivisions 3 and 4; 86A.10,
subdivision 2; 121.87, subdivision 2; 121.938;
123.581, subdivisions 2, 3, 4, 5, and 7; 124.215;
141.24; 144.571; 144A.17; 144A.55; 145.98,
subdivisions 2 and 4; 214.14; 222.65; 256.483; and
363.04, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 3.922, is
amended to read:
3.922 [INDIAN AFFAIRS INTERTRIBAL BOARD COUNCIL.]
Subdivision 1. [CREATION, MEMBERSHIP.] There is created a
state Indian affairs intertribal board council to consist of the
following ex-officio members: The governor or a member of his
official staff designated by him, the commissioner of education,
the commissioner of public welfare, the commissioner of natural
resources, the commissioner of human rights, the commissioner of
energy, planning and development, the commissioner of
corrections, the executive director of the Minnesota housing
finance agency, the commissioner of iron range resources and
rehabilitation, and the commissioner of health each of whom may
designate a member of his staff to serve in his place, three
members of the state house of representatives appointed by the
speaker of the house of representatives, and three members of
the state senate appointed by the committee on committees of the
senate. Voting members of the board council shall be: the duly
elected tribal chairmen of the Fond du Lac reservation business
committee; the Grand Portage reservation business committee; the
Mille Lacs reservation business committee; the White Earth
reservation business committee; the Bois Forte (Nett Lake)
reservation business committee; the Leech Lake reservation
business committee; the Red Lake tribal council; the Upper Sioux
board of trustees; the Lower Sioux tribal council; the
Shakopee-Mdewankanton general council; the Prairie Island tribal
council; and two members to be selected pursuant to subdivision
2. The chairmen of the above Indian committees, trusts, or
councils may designate in writing a member who shall have been
elected at large to an office in the committee, trust, or
council, to serve in his place. Board Council members appointed
to represent the state house of representatives, the state
senate or tribal governments shall no longer serve on the board
council at such time as they are no longer members of the bodies
which they represent, and upon such circumstances, their offices
shall be vacant. A member who is a designee of a tribal
chairman shall cease to be a member at the end of the term of
the tribal chairman who designated him. Ex officio members or
their designees on the board council shall not be voting members
of the board council.
Subd. 2. [ADDITIONAL MEMBERS.] Two members of the board
council shall be elected at large by Indian residents of
Minnesota who (1) are legal members and eligible voters of a
federally recognized tribe in accordance with the criteria of
said tribe and (2) are not members of any federally recognized
tribe with a reservation in Minnesota. The election of at large
members shall be in a manner prescribed by the secretary of
state with the first such election for at large members to take
place at a reasonable time, but no later than April 14, 1977.
The manner of election, certification, and contest shall,
insofar as reasonably possible, be consistent with procedures
employed in general elections in the state so as to insure a
fair election and ready access to the election process by
eligible voters. The voting procedure shall include voting by
absentee ballot. A person shall be eligible to serve as an at
large member of the board council if at the time of the election
he is a qualified voter within the requirements of the Minnesota
Constitution, article VII and a member of a federally recognized
tribe that does not have a reservation in Minnesota. The at
large election described herein shall be certified and regulated
by the secretary of state. The term for at large members
elected in 1977 shall expire on April 20, 1981. At large
elections shall be held no later than April 14, 1981, and no
later than every fourth April 14 thereafter, and the term of
office for at large members shall be four years commencing on
the April 20 following each at large election and ending at
12:01 a.m., April 20 four years thereafter.
Subd. 3. [COMPENSATION; EXPENSES.] Compensation of
nonlegislator members shall be as provided for other
administrative boards in chapter 15 in section 15.059. Expenses
of the board council shall be approved by two of any three
members of the board council designated by the board council and
shall then be paid in the same manner as other state expenses
are paid. The commissioner of finance shall be informed in
writing by the executive secretary of the names of the persons
authorized to approve expenses.
Subd. 4. [MEETINGS.] Meetings may be called by the
chairman or at the written request of five members of the board
council. A majority of the voting members of the board council
constitutes a quorum.
Subd. 5. [OFFICERS, PERSONNEL.] The board council shall
annually elect a chairman and such other officers as it may deem
necessary. The chairman shall have the authority to appoint
subcommittees necessary to fulfill the duties of the board
council. It shall also employ, and prescribe the duties of such
clerks, employees, and agents as it deems necessary. The
chairman shall be an ex-officio member of the state board of
human rights. The appropriations and other funds of this board
council are subject to the provisions of chapter 16. The board
council shall maintain its primary office in Bemidji and shall
also maintain personnel and office space in St. Paul.
Subd. 6. [DUTIES.] The primary duties of the board council
shall be to:
(1) clarify for the legislature and state agencies the
nature of tribal governments, the relationship of tribal
governments to the Indian people of Minnesota;
(2) assist the secretary of state in establishing an
election of at large members of the board council;
(3) make recommendations to members of the legislature on
desired and needed legislation for the benefit of the statewide
Indian community and communicate to the members of the
legislature when legislation has or will have an adverse effect
on the statewide Indian community;
(4) provide, through the elected apparatus of the board
council, an effective conduit for programs, proposals and
projects to the legislature submitted by tribal governments,
organizations, committees, groups or individuals;
(5) provide a continuing dialogue with members of the
appropriate tribal governments in order to improve their
knowledge of the legislative process, state agencies and
governmental due process;
(6) assist in establishing Indian advisory councils in
cooperation with state agencies delivering services to the
Indian community;
(7) assist state agencies in defining what groups,
organizations, committees, councils or individuals are eligible
for delivery of their respective services;
(8) assist in providing resources, tribal and other, in the
delivery of services to the statewide Indian community;
(9) act as a liaison between local, state and national
units of government in the delivery of services to the Indian
population of Minnesota;
(10) assist state agencies in the implementation and
updating of studies of services delivered to the Indian
community;
(11) provide, for the benefit of all levels of state
government, a continuing liaison between those governmental
bodies and duly elected tribal governments and officials;
(12) interreact with private organizations involved with
Indian concerns in the development and implementation of
programs designed to assist Indian people, insofar as they
affect state agencies and departments; and
(13) act as an intermediary, when requested and if
necessary between Indian interests and state agencies and
departments when questions, problems or conflicts exist or arise.
Subd. 7. [STATE OFFICIALS AND DEPARTMENTS; COOPERATION.]
In carrying out these objectives and to ascertain Indian needs
the board council shall have the right to confer with state
officials and other governmental units, and to have access to
such records as are necessary to obtain needed information. The
board council also shall have the right to call upon various
state departments for such technical advice and service as are
needed to fulfill the purposes of the board council.
Subd. 8. [ADVISORY COUNCIL.] There is created An advisory
council on urban Indians is created to advise the board on the
unique problems and concerns of Minnesota Indians who are
residing in urban areas of the state. The council shall be
appointed by the board and shall consist of five Indians
residing in the vicinity of Minneapolis, St. Paul and Duluth.
At least one member of the council shall be a resident of each
of the aforementioned cities. The council shall expire, and the
terms, compensation and removal of members shall be as provided
in section 15.059.
Subd. 9. [ANNUAL REPORT.] The board council shall make an
annual report to the governor and the legislature on its
activities, its findings, and its recommendations prior to
November 15 in each year.
Sec. 2. Minnesota Statutes 1982, section 3.9223,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] There is created a state
council on affairs of Spanish-speaking people to consist of
seven members appointed by the governor with the advice and
consent of the senate. The members of the council shall be
broadly representative of the Spanish-speaking community of the
state. Membership, terms, compensation, removal of members and
filling of vacancies shall be as provided in Minnesota Statutes,
section 15.0575. The council shall annually elect from its
membership a chairperson and other officers it deems necessary.
The council shall expire on the date provided by section 15.059,
subdivision 5.
Sec. 3. Minnesota Statutes 1982, section 4.31, subdivision
5, is amended to read:
Subd. 5. The governor shall appoint an advisory committee
of not more than 21 members, at least one member from each
economic development region, to advise and make recommendations
to him and the director of volunteer services. Notwithstanding
this numerical limitation, members currently serving on an
advisory group to the governor's office of volunteer services
shall complete their prescribed terms of office; thereafter,
appointments of successors shall be made so as to be consistent
with the numerical limitation contained in this section.
Membership terms, compensation, removal and filling of vacancies
of members and expiration of the advisory committee shall be as
provided in section 15.059; provided, that members shall not be
eligible for a per diem.
Sec. 4. Minnesota Statutes 1982, section 11A.08,
subdivision 4, is amended to read:
Subd. 4. [TERMS; COMPENSATION; REMOVAL; VACANCIES;
EXPIRATION.] The membership terms, compensation and, removal of
members appointed by the state board, and filling of vacancies
of such members, and expiration of the council shall be as
provided in section 15.059 except that council members shall not
receive a per diem.
Sec. 5. Minnesota Statutes 1982, section 15.059,
subdivision 5, is amended to read:
Subd. 5. [EXPIRATION DATE.] Unless an earlier date is
specified by law, the existence of each advisory council and
committee governed by this section shall terminate on June 30,
1983 1988.
Sec. 6. Minnesota Statutes 1982, section 15.059,
subdivision 6, is amended to read:
Subd. 6. [ADVISORY TASK FORCES.] If the existence of an
advisory task forces created after July 1, 1975 and governed by
this subdivision force is mandated by statute, the task force
shall expire on the date specified in the enabling legislation.
If no expiration date is specified, the task force shall expire
two years after the effective date of the act creating the
advisory task force or the date of appointment of the members,
whichever is later, unless a shorter term is specified in
statute. If the existence of a task force is authorized but not
mandated by statute, the task force shall expire at the pleasure
of the person or group which creates the task force, or two
years after the first members of the task force are appointed,
whichever is sooner. A person or group with discretionary
authority to create a task force may create another task force
to continue the work of a task force which expires, unless
prohibited by other law.
Members of advisory task forces shall not receive the $35
per diem specified in this section but shall receive expenses in
the same manner and amount as state employees provided in the
commissioner's plan under section 43A.18, subdivision 2.
Members appointed to these advisory task forces shall serve
until the expiration date of the advisory task force and may be
removed pursuant to subdivision 4.
Sec. 7. Minnesota Statutes 1982, section 16.02,
subdivision 28, is amended to read:
Subd. 28. To provide an employee assistance program
comprised of training, diagnostic and referral services for
state employees and their dependents. In conjunction with the
program, the governor shall appoint an advisory committee on
state employee assistance consisting of not more than 15
members. The committee, which shall be subject to the
provisions of section 15.059, shall advise the commissioner
regarding the operational policies of the employee assistance
program.
Sec. 8. Minnesota Statutes 1982, section 16.872, is
amended to read:
Subdivision 1. The commissioner of administration may
accept, on behalf of the state, on such terms and conditions as
the donor may prescribe, a building to be used as a state
ceremonial building the governor's residence. Such This
building shall be used for official ceremonial functions of the
state, and space shall be provided for suitable living quarters
for the governor of the state.
Subd. 2. The commissioner of administration shall maintain
such the building in the same manner as other state buildings
are maintained and shall rehabilitate, decorate, and furnish
such ceremonial the building, and. In carrying out such The
decoration and furnishing shall be guided by the state
ceremonial building council governor's residence council.
Subd. 3. The state ceremonial building council governor's
residence council consists of the following 15 members: the
commissioner of administration; the spouse, or a designee of the
governor; the executive director of the board of arts; the
director of the Minnesota historical society; a member of the
senate appointed pursuant to the rules of the senate; a member
of the house of representatives appointed pursuant to the rules
of the house of representatives; seven persons appointed by the
governor including one in the field of higher education, one
member of the American Society of Interior Designers, Minnesota
chapter, one member of the American Institute of Architects,
Minnesota chapter, one member of the American Society of
Landscape Architects, Minnesota chapter, one member of the
family that donated the ceremonial building to the state, if
available, and four public members. Members of the council
serve without compensation. Membership terms, removal, and
filling of vacancies for members appointed by the governor are
governed by section 15.0575. The council shall elect a chairman
and a secretary from among its members. The council shall
expire on the date provided by section 15.059, subdivision 5.
Subd. 4. The powers and duties of the council are:
(1) To develop an overall restoration plan for the state
ceremonial building governor's residence and surrounding grounds;
(2) To approve alterations in the existing structure as the
council deems appropriate; and
(3) Notwithstanding the gift acceptance procedures of
sections 7.09 to 7.12, to solicit contributions for and maintain
and improve the quality of furnishings for the public areas of
the building by accepting gifts of, or acquiring with donated
money, furnishings, objects of art, and other items that the
council determines may have historical value in keeping with the
period and purpose of the building.
Gifts for the benefit of the state ceremonial building and
governor's residence and surrounding grounds are not accepted by
the state unless accepted by the council. The council shall
maintain a complete inventory of all gifts and articles received.
Sec. 9. Minnesota Statutes 1982, section 16.90,
subdivision 4, is amended to read:
Subd. 4. The commissioner, after consultation with the
state information systems advisory council and the
intergovernmental information systems advisory council, shall
design and maintain a master plan for information systems in the
state and its political subdivisions and shall report thereon to
the governor and legislature at the beginning of each regular
session; establish standards for information systems; maintain a
library of systems and programs developed by the state and its
political subdivisions for use by agencies of government; and
administer the communications for the state information system.
Sec. 10. Minnesota Statutes 1982, section 16.91, is
amended to read:
16.91 [STATE INFORMATION SYSTEMS ADVISORY COUNCIL.]
To effectuate and facilitate the purposes and provisions of
sections 16.90 to 16.96, The governor shall commissioner may
appoint a state information systems advisory council, which
shall task force to assist the department in the development and
coordination of a state information services master plan and
make recommendations from time to time to the commissioner
concerning the progress, direction and needs of the state's
computerization effort. The council task force shall expire and
the terms, compensation and removal of members shall be as
provided in section 15.059.
Sec. 11. Minnesota Statutes 1982, section 16.911, is
amended to read:
Subdivision 1. The governor shall appoint an
intergovernmental information systems advisory council, to serve
at his pleasure, consisting of 25 members. Such council
Fourteen members shall be appointed or elected officials of
local governments, seven shall be representatives of state
agencies, and four shall be selected from the community at
large. Further, the council shall be composed of (a) two
members from each of the following groups: Counties outside of
the seven county metropolitan area, counties within the
metropolitan area, cities of the first class, municipalities
cities of the second and third class outside the metropolitan
area and municipalities, cities of the second and third class
within the metropolitan area, and cities of the fourth class;
(b) one member from each of the following groups: The
metropolitan council, an outstate regional body, Minnesota
higher education coordinating board, school districts located in
counties within the metropolitan area, cities of the first
class, school districts in the metropolitan area, and school
districts outside the metropolitan area; (c) one member from
each of the state departments of administration, education,
energy, planning and development, legislative auditor, public
welfare, and revenue; (d) one member from the office of the
state auditor; and (e) four members from the state community at
large. To the extent permitted by available resources the
commissioner shall furnish staff and other assistance as
requested by the council. The council shall expire and the
terms, compensation and removal of members of the advisory
council shall be as provided in section 15.059.
Subd. 2. The council shall: assist the commissioner in
the development and updating of an intergovernmental information
systems master plan, including data definitions, format, and
retention standards and program budgeting systems and standards;
recommending recommend to the commissioner policies and
procedures governing the collection, security, and
confidentiality of data; review and comment on all applications
for federal or foundation funding for intergovernmental
information systems and on all computer systems involving
intergovernmental funding; encourage cooperative efforts among
local governments in developing information systems to meet
individual and collective, operational, and external needs;
bring about the necessary degree of standardization consistent
with local prerogatives; yield fiscal and other information
required by state and federal laws and regulations in readily
usable form; foster the efficient use of available federal,
state, local, and private resources for the development of
systems; keep local governments abreast of the state of the art
in information systems and prepare guidelines for
intergovernmental systems.
Subd. 3. The intergovernmental informations systems
advisory council shall (a) develop recommendations to the
commissioner commissioners of revenue state departments, the
legislative auditor, and the state auditor for the expeditious
gathering and reporting of the information and data specified
herein between state and local governmental agencies in
accordance with cooperatively developed standards; (b) elect an
executive committee, not to exceed seven members from its
membership; (c) develop an annual plan, to include
administration and evaluation of grants, in compliance with
applicable rules; (d) provide technical information systems
assistance or guidance to local governments for development,
implementation, and modification of automated systems, including
formation of consortiums for those systems.
Subd. 4. The state and each unit of local government
including school districts shall report the following data, to
the extent feasible, and such data shall be compiled and
reported by the commissioner:
(a) the incidence, rates, distribution, exemption from and
total revenue raised of state and local sales, property, income
taxes, special assessments and other revenue sources of the
state and each unit of local government;
(b) the bonded indebtedness of local units of government
and the relationship of such debt to statutory debt limits;
(c) the distribution of the state funds, by category, to
each local unit of government;
(d) the amounts of state and federal grant-in-aid
assistance to each local unit of government and state agencies
by category;
(e) and such other information as the commissioner may
require Appropriations and other funds made available to the
council for staff, operational expenses, and grants must be
administered through the Department of Administration. Revenues
derived from royalties, reimbursements, or other fees from
software programs, systems, or technical services arising out of
activities funded by current or prior state appropriations is
appropriated to the council for the purposes enumerated in
subdivision 2.
Subd. 5. The commissioner shall promulgate rules
regulating the reporting and gathering of such data and the
rules shall provide, to the maximum degree possible, that data
is reported in a form readily processed by or convertible to EDP
techniques utilized by the commissioner or state auditor.
Subd. 6. Data collected and compiled pursuant to the rules
shall be available to any state or local official and employee
and any private person under such reasonable conditions and fees
as the commissioner shall prescribe. Compilations of such data
by the commissioner shall be in a reasonable form and available
not later than April 1 of each year. Reporting periods for the
state and each local unit of government shall be from January 1
to June 30 and from July 1 to December 31.
Sec. 12. Minnesota Statutes 1982, section 21.112,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY SEED POTATO CERTIFICATION COMMITTEE
TASK FORCE.] He shall The commissioner may appoint an advisory
seed potato certification committee to consist of six members,
each of whom task force. If the task force is appointed each
member shall be a grower in Minnesota of certified seed potatoes
, and shall serve without compensation, except he shall receive
his traveling expenses and other expenses necessary in attending
committee meetings. The term of each committee member shall be
three years from July 1 following his appointment, except that
of the first committee to be appointed, two members shall serve
one year, two members shall serve two years and two members
shall serve three years. Vacancies shall be filled by the
commissioner for the balance of the vacant term. Said committee
shall hold at least one meeting each year and other meetings
when deemed necessary by the commissioner. The task force shall
expire, and the terms, compensation and removal of members shall
be as provided in section 15.059.
Sec. 13. Minnesota Statutes 1982, section 41.54,
subdivision 2, is amended to read:
Subd. 2. [TERMS AND COMPENSATION.] The compensation and,
removal of members and expiration of the council shall be
governed by section 15.059. The council shall meet monthly or
more often as needed.
The terms of the members serving on January 15, 1981, shall
end on the first Monday in April in the year indicated as
follows:
(a) the dairy farmer and one officer from a commercial
lending institution, 1982;
(b) the cash grain farmer and the officer from a farm
credit association, 1983;
(c) the livestock farmer and one officer from a commercial
lending institution, 1984; and
(d) the agricultural economist, 1985.
After a term expires as provided in clauses (a) to (d), all
successors shall be appointed for four year terms. The terms of
the present officers from a commercial lending institution shall
be decided by lot subject to clauses (a) and (c).
Sec. 14. Minnesota Statutes 1982, section 43A.31,
subdivision 4, is amended to read:
Subd. 4. [INSURANCE ADVISORY COUNCIL TASK FORCE.] The
commissioner shall may appoint and serve as chairman of an
insurance advisory council task force consisting of 11 12
members. Two Three members shall be selected from names
submitted by exclusive representatives of state employees. One
member shall be selected from names submitted by exclusive
representatives of employees of the University of Minnesota.
One member shall be selected from names submitted by
organizations representing retired state employees. One member
shall be selected from names submitted by the regents of the
University of Minnesota. The commissioners of administration,
insurance, health and finance, and the deputy commissioner for
labor relations or their designees, shall serve as the other
members. Except as provided in this section, the provisions of
section 15.059 shall apply to the members of the council task
force. The council task force shall advise the commissioner in
the selection of carriers matters relating to insurance,
including the administration, design, and financing of insurance
programs. Evidence of discussions, recommendations or decisions
by the council shall not be submitted to any court or arbitrator
in any matter involving state or University of Minnesota
employees.
Sec. 15. Minnesota Statutes 1982, section 45.17,
subdivision 6, is amended to read:
Subd. 6. There is hereby created the board of The director
of consumer services may appoint a residential utility consumers
task force whose duties shall may include:
(1) establishing policy guidelines concerning the utility
related activities of the commerce department's consumer
services section;
(2) reviewing and commenting upon the section's staff
employment decisions related to performing the responsibilities
conferred in this section; and
(3) annually reviewing and commenting upon the consumer
services section's budget of estimated expenses for utility
related activities.
If appointed the board task force shall consist of nine
voting members to be appointed by the governor director. At
least one member shall represent each congressional district,
and at least two members shall represent farm consumers. No
more than six members shall be members of the same political
party. In making appointments, the governor director shall give
consideration to individuals having a special interest in the
provision of utility services to residential consumers.
The board task force members shall elect from among their
number a chairman and any other officers as it may deem
necessary. The board task force shall meet at the call of the
chairman or the director. The expiration, terms of office,
compensation, and provisions for removal and filling vacancies
of members shall be as provided in section 15.0575 15.059.
The director of the consumer services section shall submit
an annual budget of estimated expenses to the board for review
and comment. The director shall also periodically seek the
advice of the board concerning its operations related to the
responsibilities conferred by this section. The director shall
also file an annual report of the section's utility related
activities with the board and the legislature on or before
December 31 of each year.
Sec. 16. Minnesota Statutes 1982, section 52.061, is
amended to read:
52.061 [CREDIT UNION ADVISORY COUNCIL TASK FORCE.]
There is established The commissioner of banks may appoint
a credit union advisory council task force to consult with,
advise, and make recommendations to the commissioner of banks in
all matters pertaining to credit unions. If created, the
advisory council task force shall consist of five members who
shall be appointed by the commissioner of banks and who shall be
persons who have had three or more years of experience as a
credit union officer, director or committee member. To aid in
making a selection of the five advisory council task force
members, the Minnesota league of credit unions may submit a list
of not less than 15 names; however, the commissioner of banks
shall not be limited to this list in making his selections. The
chairman of the advisory council shall be elected annually by
and from its members. Meetings shall be held at the times and
places determined by the chairman and the commissioner of banks.
Meetings may be called by either the chairman or the
commissioner of banks. Three members of the advisory council
shall constitute a quorum. However, at least three affirmative
votes shall be needed to pass any motion. The authority and
responsibility of the advisory council shall be to advise the
governor and the commissioner of banks on problems concerning
credit unions and to foster the interest and cooperation of
credit unions in improving their methods of operation. The
commissioner of banks may review with the advisory council task
force the records of the banking division concerning the
supervision, regulation, and examination of credit unions. The
council task force expiration, terms, compensation, and removal
of members shall be as provided in section 15.059.
Sec. 17. Minnesota Statutes 1982, section 52.062,
subdivision 3, is amended to read:
Subd. 3. In lieu of immediate suspension of the operation
of the credit union, the commissioner of banks may submit to the
advisory council task force, with a copy to the affected credit
union, a statement with respect to said practices or violations
for the purpose of investigation and review by the advisory
council task force so that it may attempt to cause the
correction of said practices or violations. Unless said
corrections shall be made within 60 days of the notice to the
advisory council task force and the credit union, the
commissioner of banks, if he shall determine to proceed further,
shall give to the affected credit union written notice of his
intention to suspend the operation of the credit union, and
shall fix a time and place for a hearing before the commissioner
of banks, or such person or persons as the commissioner of banks
may designate. The advisory council task force shall sit at
such hearing for the purpose of providing advice and counsel to
the commissioner of banks or his representative. Evidence may
be produced at said hearing by any party thereto, and the
commissioner of banks shall base his decision as to the
suspension of operation of the credit union upon said evidence.
If the commissioner of banks decides to suspend operation of the
credit union, the board of directors shall be given notice by
certified mail of such suspension, which notice shall include a
list of reasons for such suspension and a list of any specific
violations of law, bylaw, or regulation, and shall specify which
operations of the credit union may continue during the period of
suspension.
Sec. 18. Minnesota Statutes 1982, section 82.30,
subdivision 1, is amended to read:
Subdivision 1. There shall be The commissioner of real
estate and securities shall appoint a real estate advisory
council of seven members to be appointed by the commissioner of
securities and real estate task force. Five members The task
force shall be include real estate brokers with at least five
years experience as licensed real estate brokers in Minnesota
and two members shall be public members. They shall meet at the
call of the commissioner on a quarterly basis at publicized
sessions and at such other times as the commissioner may deem
necessary and The task force may advise and consult with him the
commissioner on all matters relating to education of licensees,
prelicensing requirements, and such other major policy matters
relating to the administration of sections 82.17 to 82.34. The
council task force shall expire and the terms, compensation, and
removal of members shall be as provided in section 15.059. No
member of the real estate advisory council task force may
establish, own, operate, invest in a course designed to fulfill
any requirement of Minnesota law pertaining to licenses for real
estate salespersons or brokers.
Sec. 19. Minnesota Statutes 1982, section 84.524,
subdivision 1, is amended to read:
84.524 [CITIZEN'S ADVISORY TASK FORCE ON THE BOUNDARY
WATERS CANOE AREA.]
Subdivision 1. There is created The commissioner of
natural resources may create a citizen's advisory task force on
the Boundary Waters Canoe Area, consisting of 17 members
selected as follows. If the task force is created it shall
include the following members:
(1) Three residents of St. Louis County appointed by the
governor;
(2) Three residents of Cook County appointed by the
governor;
(3) Three residents of Lake County appointed by the
governor; and
(4) Eight residents of the state residing outside of the
aforementioned counties appointed by the governor.
The governor shall designate one of the appointees to serve
as chairman and the advisory task force may elect such other
officers as it deems necessary. The advisory task force shall
be subject to the provisions of section 15.059, except that the
advisory task force shall not expire until June 30, 1983.
Sec. 20. Minnesota Statutes 1982, section 84.524,
subdivision 2, is amended to read:
Subd. 2. The advisory task force shall conduct meetings
and research into all matters related to the establishment and
operation of the Boundary Waters Canoe Area, and shall make such
recommendations to the United States Forest Service and other
federal and state agencies concerned, regarding operation of the
area, as the advisory task force deems advisable. A copy of
each recommendation shall be filed with the legislative
reference library. The advisory task force shall not apply for
or accept funds from public or private sources other than the
legislature. Subject to the availability of legislative
appropriation, the advisory task force may contract for services
relating to matters within its authority.
Sec. 21. Minnesota Statutes 1982, section 84B.11,
subdivision 1, is amended to read:
Subdivision 1. The governor shall appoint, except for the
legislative members, a citizen's committee council on Voyageurs
National Park, consisting of 16 17 members as follows:
Four residents of Koochiching county, two of whom shall be
appointed to terms ending January 1, 1979, and two of whom shall
be appointed to terms ending January 7, 1980;
Four residents of St. Louis county, two of whom shall be
appointed to terms ending January 7, 1980, and two of whom shall
be appointed to terms ending January 1, 1979;
Four Five residents of the state at large from outside
Koochiching and St. Louis counties, two of whom shall be
appointed to terms ending January 1, 1979, and two of whom shall
be appointed to terms ending January 7, 1980;
Two members of the state senate to be appointed by the
committee on committees;
Two members of the state house of representatives to be
appointed by the speaker of the house.
The governor shall designate one of the appointees to serve
as chairman and the committee may elect such other officers as
it deems necessary. Members shall be appointed so as to
represent differing viewpoints and interest groups on the
facilities included in and around the park. Legislator members
shall serve for the term of the legislative office to which they
were elected. The committee shall expire and The terms,
compensation and removal of nonlegislator members shall be as
provided in section 15.059. This section is repealed June 30,
1987.
Sec. 22. Minnesota Statutes 1982, section 86A.10,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The commissioner of energy,
planning and development may appoint an outdoor recreation
advisory task force. If appointed each regional development
commission and the metropolitan council shall designate one of
its members to serve on the outdoor recreation advisory council,
which is hereby created. The governor shall appoint the
chairman of the council to serve at his pleasure. Areas of the
state not having a regional development commission shall have
one representative from each unorganized area appointed by the
commissioner. The council task force shall expire and the
terms, compensation, and removal of members shall be as provided
in section 15.059.
Sec. 23. Minnesota Statutes 1982, section 116J.04, is
amended to read:
116J.04 [ENERGY POLICY DEVELOPMENT COUNCIL TASK FORCE.]
A council of 15 members to act in The commissioner may
appoint an advisory capacity task force on energy policy
development to the commissioner is created. Members shall be
appointed by the governor, with the advice and consent of the
senate, If created the task force shall include at least one
member from each congressional district and seven from the state
at large. The council task force members shall broadly
represent the scientific, technical, educational, business and
labor fields and at least four members shall be from educational
and scientific research institutions. The council task force
shall develop recommendations on policy for energy issues and
energy needs and shall advise the commissioner on the energy
related functions of the department. The commissioner shall
report to the legislature on the major energy policy
recommendations of the council. The council shall organize and
elect among its members such other officers as it may deem
necessary. The council shall meet at the call of the chair.
The expiration, terms, compensation, and removal of members
shall be as provided by section 15.059. The council may advise
the commissioner on the transfer of energy agency personnel and
functions.
Sec. 24. Minnesota Statutes 1982, section 121.87,
subdivision 1, is amended to read:
Subdivision 1. A 25 member state The state board of
education may appoint a community education advisory council
shall be established task force for the purpose of promoting the
furtherance of sections 121.85 to 121.88, and the advancement of
educational, recreational and social opportunity through the
maximum utilization of public school facilities throughout the
state of Minnesota. The council shall be If appointed by the
governor and, the task force shall consist of two lay members
include at least one member from each congressional district and
nine members selected at large who shall represent government
and professions most closely related to community education
activities, functions and school administrative jurisdictions.
Sec. 25. Minnesota Statutes 1982, section 121.87,
subdivision 3, is amended to read:
Subd. 3. Clerical, mailing, printing, and other
justifiable expenses incurred by the council shall be paid from
funds set aside for the administration of the office of the
director of community education programs. The council task
force shall expire and the terms, compensation, and removal of
members shall be as provided in section 15.059.
Sec. 26. Minnesota Statutes 1982, section 123.581,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] Programs for in-service
training for regular classroom teachers, assistant principals
and principals in techniques of education of handicapped pupils
shall be established in school districts designated by the state
board of education. Funds for these programs shall be granted
by the state board upon the recommendation of the advisory
council for in-service training in techniques of education of
handicapped pupils. Handicapped pupils for the purposes of this
section, are those defined in section 120.03.
Sec. 27. Minnesota Statutes 1982, section 126.531,
subdivision 1, is amended to read:
Subdivision 1. The Minnesota Indian Affairs intertribal
board shall nominate 15 persons for membership to the state
board of education may create an American Indian language and
culture education advisory task force. The state board of
education shall appoint nine persons from those so nominated to
constitute the task force. If created, members shall include
representatives of community groups, parents of children
eligible to be served by the programs, American Indian
administrators and teachers, persons experienced in the training
of teachers for American Indian language and culture education
programs, persons involved in programs for American Indian
children in nonsectarian nonpublic, urban, community, tribal or
alternative schools and persons knowledgeable in the field of
American Indian language and culture education. Members shall
be appointed so as to be representative of significant segments
of the population of American Indians.
Sec. 28. Minnesota Statutes 1982, section 128A.03, is
amended to read:
128A.03 [ADVISORY COUNCILS.]
Subdivision 1. The state board of education shall may
appoint an advisory council task force on the Minnesota School
for the Deaf and an advisory council task force on the Minnesota
Braille and Sight-Saving School. These councils shall to advise
the state board on policies pertaining to the control,
management, and administration of these schools.
Subd. 2. Each advisory council shall consist of eight
members. If created the members shall be representative of the
various geographic regions of the state, shall include parents
or guardians of visually disabled or hearing impaired children,
shall include a staff representative of the applicable school,
and shall include two representatives from groups representing
the interests of visually disabled or hearing impaired
individuals, as applicable. All members shall have knowledge,
experience and interest in the problems of visually disabled or
hearing impaired children.
Subd. 3. The councils task forces shall expire and the
terms, compensation and removal of members shall be as provided
in section 15.059.
Sec. 29. Minnesota Statutes 1982, section 129B.09,
subdivision 8, is amended to read:
Subd. 8. [ADVISORY TASK FORCE ON EARLY CHILDHOOD AND
FAMILY EDUCATION.] The council on quality education shall may
appoint an advisory task force on early childhood and family
education programs. If appointed, the advisory task force shall
be composed of parents of young children and persons
knowledgeable in the fields of health, education and welfare. A
majority of the task force shall be parents of young children.
The advisory task force shall advise the council in the
administration of the early childhood and family education
programs. The expiration, terms, compensation, and removal of
members shall be governed by the provisions of section 15.059,
subdivision 6. The task force shall expire June 30, 1983.
Sec. 30. Minnesota Statutes 1982, section 144.011,
subdivision 2, is amended to read:
Subd. 2. [STATE HEALTH ADVISORY COUNCIL TASK FORCE.] The
commissioner of health may appoint a state health advisory
council is hereby created to consist of 15 members appointed by
the governor task force. Nine If appointed, members of the
council task force shall be broadly representative of the
licensed health professions and six members shall be also
include public members as defined by section 214.02. The
council and its members shall be governed by the provisions of
section 15.059. The governor shall designate a chairman of the
council and such other officers as he deems necessary. The
council shall advise the commissioner of health on any matter
relating to the functions of the department. The task force
shall expire, and the terms, compensation, and removal of
members shall be as provided in section 15.059.
Sec. 31. Minnesota Statutes 1982, section 145.919, is
amended to read:
145.919 [COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE.]
An advisory committee is established to advise, consult
with, and make recommendations to the state commissioner of
health on matters relating to the development, maintenance,
funding and evaluation of community health services. Each board
of health meeting the eligibility requirements of section
145.917 may appoint a member to serve on the committee. The
terms shall be two years and no member shall serve more than
three consecutive terms. Continuity of membership shall be
assured by having an approximately equal number of terms expire
each year. Members may receive a per diem and shall be
reimbursed for travel and other necessary expenses while engaged
in their official duties. The committee shall meet at least
quarterly and special meetings may be called by the chairman or
a majority of the members. The committee shall expire on the
date provided by section 15.059, subdivision 5.
Sec. 32. Minnesota Statutes 1982, section 145.93,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY COUNCIL TASK FORCE.] The commissioner
of health shall may appoint an advisory council to serve on a
voluntary basis task force consisting of, but not limited to,
the following: one nurse; one pharmacist; one physician each
from the fields of toxicology, pediatric medicine, emergency
medicine, and internal medicine; and one person who has no past
or present material financial interest or professional
involvement in the provision of poison information or treatment
services. No more than three members may be residents of the
metropolitan area, as defined in section 473.02, subdivision 5;
no more than one may be a resident of any single county; and
none may be affiliated in any way with the currently designated
poison information center. The task force shall expire and the
terms, compensation, and removal of members shall be as provided
in section 15.059.
Sec. 33. Minnesota Statutes 1982, section 145.93,
subdivision 3, is amended to read:
Subd. 3. [GRANT AWARD; DESIGNATION; PAYMENTS UNDER GRANT.]
Each odd-numbered year the commissioner shall give reasonable
public notice of the availability of moneys appropriated
pursuant to Laws 1980, Chapter 577, Section 2 or otherwise
available for the Minnesota poison information center. After
consulting with the advisory council, The commissioner shall
select as grantee a nonprofit corporation or unit of government
which applies for the moneys and best fulfills the criteria
specified in subdivision 4. The grantee selected shall be
designated the Minnesota poison information center. Moneys
appropriated under Laws 1980, Chapter 577, Section 2 The grant
shall be paid to the grantee quarterly beginning on July 1.
Sec. 34. Minnesota Statutes 1982, section 145.98,
subdivision 1, is amended to read:
Subdivision 1. [CREATION; MEMBERSHIP.] There is
established in the executive branch a council The commissioner
of health may appoint an advisory task force on health promotion
and wellness. Members of the council task force shall be
appointed by the governor. They shall be experienced or
interested in health promotion and wellness. There shall be 15
members with at least one member from each congressional
district. The initial membership shall include all persons
holding current membership on the governor's council on health
promotion and wellness established by Executive Order No. 81-6.
The chairperson shall be appointed by the governor from among
the members. Members shall not receive per diem pay but may be
reimbursed for travel and other expenses in the same manner and
amount as state employees. The task force shall expire, and the
terms of office, compensation, and removal of members shall be
governed by section 15.0575 15.059.
Sec. 35. Minnesota Statutes 1982, section 145.98,
subdivision 3, is amended to read:
Subd. 3. [POWERS.] The council task force may solicit,
receive, and disburse funds made available for health promotion
and wellness. Subject to approval by the council, the
chairperson may appoint advisory committees composed of
individuals who have interest or expertise in various health
promotion and wellness fields. Subject to the availability of
funds, the council may hire staff to assist in its work and
contract with individuals and organizations to assist it in
carrying out the duties of the council. The council shall
assume the duties of the governor's council on health promotion
and wellness established by Executive Order No. 81-6, and
section 15.039 shall apply to this transfer of responsibilities.
Sec. 36. Minnesota Statutes 1982, section 148.191,
subdivision 2, is amended to read:
Subd. 2. The board is authorized to adopt and, from time
to time, revise rules not inconsistent with the law, as may be
necessary to enable it to carry into effect the provisions of
sections 148.171 to 148.299. The board shall prescribe by rule
curricula and standards for schools and courses preparing
persons for licensure under sections 148.171 to 148.299. It
shall conduct or provide for surveys of such schools and courses
at such times as it may deem necessary. It shall approve such
schools and courses as meet the requirements of sections 148.171
to 148.299 and board rules. It shall examine, license and renew
the license of duly qualified applicants. It shall hold
examinations at least once in each year at such time and place
as it may determine. It shall by rule adopt, evaluate and
periodically revise, as necessary, requirements for licensure
and for registration and renewal of registration as defined in
section 148.231. It shall cause the prosecution of all persons
violating sections 148.171 to 148.299 and have power to incur
such necessary expense therefor. It shall keep a record of all
its proceedings. The board shall appoint an advisory task force
on nursing education consisting of 11 members for the purposes
of advising the board on matters pertaining to career
progression and the approval and operation of nursing programs,
assisting with surveys of nursing programs, collecting nursing
education data and providing liaison between the board and
nursing education. Three members shall be either an
administrator or supervisor in one of the following types of
agencies at the time of appointment and throughout his term:
hospital, nursing home or community nursing service. The
remaining eight members shall be either an administrator or
faculty member in one of the following types of educational
programs at the time of appointment and throughout his term:
nursing assistant program, practical nursing program preparing
for licensure, professional nursing program preparing for
licensure, or advanced nursing program for licensed practical or
registered nurses. The task force shall expire and the
compensation and removal of members shall be as provided in
section 15.059.
Sec. 37. Minnesota Statutes 1982, section 149.02, is
amended to read:
149.02 [EXAMINATION; LICENSING.]
The state commissioner of health is hereby authorized and
empowered to examine, upon submission of an application therefor
and fee as prescribed by the commissioner pursuant to section
144.122, all applicants for license to practice mortuary science
or funeral directing and to determine whether or not the
applicants possess the necessary qualifications to practice
mortuary science or funeral directing. If upon examination the
commissioner shall determine that an applicant is properly
qualified to practice mortuary science or funeral directing, he
shall grant a license to the person to practice mortuary science
or funeral directing. Licenses shall expire and be renewed as
prescribed by the commissioner pursuant to section 144.122.
On or after the thirty-first day of December, 1955,
separate licenses as embalmer or funeral director shall not be
issued, except that a license as funeral director shall be
issued to those apprentices who have been registered under
regulations of the commissioner as apprentice funeral directors
on the first day of July, 1955, qualify by examination for
licensure under such regulations as funeral directors before the
first day of August, 1957. Such applicants shall file an
application for license as a funeral director in the manner as
is required in section 149.03 for a license in mortuary
science. It shall be accompanied by a fee in an amount
prescribed by the commissioner pursuant to section 144.122.
However, a single license as a funeral director shall be issued
to those persons whose custom, rites, or religious beliefs
forbid the practice of embalming. An applicant for a single
license as a funeral director under this exception shall submit
to the commissioner of health two affidavits substantiating the
beliefs and convictions of the applicant and shall meet any
other standards for licensure as are required by law or by
regulation of the commissioner. Such a funeral director shall
only direct funerals for persons of his customs, rites or
religious beliefs. In the case of a funeral conducted for
persons of such customs, rites or religious beliefs where
embalming and funeral directing is necessary according to law,
such embalming and funeral directing shall be performed only by
a person licensed to do so in this state.
All licensees who on the thirty-first day of December,
1955, hold licenses as embalmers only shall be granted licenses
to practice mortuary science and may renew their licenses at the
times and in the manner specified by the commissioner pursuant
to section 144.122.
All licensees who on the thirty-first day of December,
1955, hold licenses as funeral director only may continue to
renew their licenses at the times and in the manner specified by
the commissioner pursuant to section 144.122. If a licensee
fails to renew, as in this chapter required, his license as a
funeral director shall not thereafter be reinstated.
To assist in the holding of the examination and enforcement
of the provisions of this chapter, the commissioner shall
establish a committee of examiners in the mortuary sciences
advisory council to which he shall appoint four examiners
members. Two examiners members shall be licensed in mortuary
science and shall have had at least five years experience
immediately preceding their appointment in the preparation and
disposition of dead human bodies and in the practice of mortuary
science. A third examiner member shall be a representative of
the commissioner, and the fourth examiner member shall be a
full-time academic staff member of the course in mortuary
science of the university of Minnesota. The committee shall
expire and The terms, compensation and removal of members and
expiration of the council shall be as provided in section 15.059.
Sec. 38. Minnesota Statutes 1982, section 151.13,
subdivision 2, is amended to read:
Subd. 2. The board shall may appoint an advisory task
force on continuing education, consisting of not more than ten
members, to study continuing education programs and requirements
and to submit its report and recommendations to the board. The
task force shall expire, and the compensation and removal of
members shall be as provided in section 15.059.
Sec. 39. Minnesota Statutes 1982, section 152.02,
subdivision 11, is amended to read:
Subd. 11. The state board of pharmacy shall may appoint an
advisory council task force on controlled substances consisting
of not more than 13 members, who shall serve without
compensation, to advise it in the administration of this chapter.
Commencing July 1, 1973, six members shall be appointed for
a one year term and seven members shall be appointed for a two
year term. Thereafter, members shall be appointed for two year
terms. Four of the members of the council If appointed, the
task force shall be physicians as designated by the state board
of medical examiners. One of the members of the council shall
be include a physician, a pharmacologist, one of the members of
the council shall be and a pharmacist, and. The remainder
other members shall be from among the following: correction or
law enforcement officers, judges, representatives of drug
treatment or counseling facilities, former drug abusers,
education, and students. The members of the council shall
select a chairman from among their membership, who may call
meetings of the council when deemed appropriate, and shall call
meetings of the council when requested to do so by any four
members of the council. The task force shall expire, and the
terms, compensation, and removal of members shall be as provided
in section 15.059.
Sec. 40. Minnesota Statutes 1982, section 152.02,
subdivision 13, is amended to read:
Subd. 13. The state board of pharmacy and the advisory
council on controlled substances shall study the implementation
of Laws 1971, chapter 937 in relation to the problems of drug
abuse in Minnesota and shall report to the legislature annually
on or before December 1, their recommendations concerning
amendments to Laws 1971, chapter 937.
Sec. 41. Minnesota Statutes 1982, section 155A.06,
subdivision 2, is amended to read:
Subd. 2. [APPOINTMENTS.] Appointments to the council shall
be made by the governor director in accordance with section
15.0597.
Sec. 42. Minnesota Statutes 1982, section 155A.06,
subdivision 5, is amended to read:
Subd. 5. [COMPENSATION.] Members of the council shall be
compensated for expenses and the council shall expire as
provided in section 15.059.
Sec. 43. Minnesota Statutes 1982, section 156A.06,
subdivision 1, is amended to read:
Subdivision 1. There is hereby created the water well
contractors and exploratory borers advisory council, herein
referred to as the "advisory council," as an advisory council to
the state commissioner of health. The advisory council shall be
composed of 13 16 voting members. Of the 13 16 voting members,
one member shall be from the state department of health,
appointed by the state commissioner of health; one member shall
be from the department of natural resources, appointed by the
commissioner of natural resources; one member shall be a member
of the Minnesota geological survey of the University of
Minnesota appointed by the director; two members shall be
engaged in the business of exploratory boring for minerals; two
public members who are not connected with the business of
exploratory boring or the water well drilling industry; one
member shall be from the pollution control agency, appointed by
the director of the pollution control agency; one member shall
be a professional engineer; one member shall be a certified
professional geologist; and six members shall be contractors
actively engaged in the water well drilling industry, not to
exceed two from the seven county metropolitan area and at least
four from the remainder of the state who shall be representative
of different geographical regions. They shall be residents of
the state of Minnesota and appointed by the commissioner of
health. No appointee of the water well drilling industry shall
serve more than two consecutive terms. The appointees to the
advisory council from the water well drilling industry shall
have been bona fide residents of this state for a period of at
least three years prior to appointment and shall have had at
least five years experience in the water well drilling
business. The council shall not expire, but and the terms of
the appointed members and the compensation and removal of all
members shall be as provided in section 15.059.
Sec. 44. Minnesota Statutes 1982, section 161.1419, is
amended by adding a subdivision to read:
Subd. 8. The commission shall expire on the date provided
by section 15.059, subdivision 5.
Sec. 45. Minnesota Statutes 1982, section 175.007,
subdivision 1, is amended to read:
Subdivision 1. The commissioner shall appoint an advisory
council on workers' compensation, which shall consist of five
representatives of employers and five representatives of
employees; and three members representing the general public;
and two persons who have received or are currently receiving
workers' compensation benefits under chapter 176. The council
may consult with the judges of the workers' compensation court
of appeals. The council shall expire and the terms,
compensation and removal of members shall be as provided in
section 15.059.
Sec. 46. Minnesota Statutes 1982, section 184.23, is
amended to read:
184.23 [ADVISORY COUNCIL TASK FORCE CREATED.]
Subdivision 1. There is created a council to be known as
The commissioner of labor and industry may appoint an employment
agency advisory council whose duty shall be task force to advise
the department as to the administration of the provisions of
sections 184.21 to 184.40. Such council shall consist of nine
members, appointed by the commissioner of labor and industry.
If appointed, a majority of those selected members shall be
actually engaged as an owner or manager of an employment agency
licensed by the state of Minnesota for a period of three years
immediately preceding the time of their appointment.
Subd. 3. The council shall meet at the call of the
commissioner and advise and consult on all major policy matters
relating to the licensing of an employment agent or counselor.
The council shall elect annually from its members a chairman,
vice-chairman and secretary. The council is also authorized to
conduct its own meetings at the call of the chairman. The
council task force shall expire and the terms, compensation and
removal of members shall be as provided in section 15.059.
Sec. 47. Minnesota Statutes 1982, section 198.055, is
amended by adding a subdivision to read:
Subd. 1a. [REDUCED MEMBERSHIP.] After July 1, 1983,
appointments to each group of appointees on the advisory
committee shall be reduced by one so that after the second group
of appointments subsequent to July 1, 1983, the committee shall
consist of nine members. The commissioner shall comply with
Laws 1976, chapter 149, section 48, regarding the composition of
the committee in all appointments made after July 1, 1983.
Sec. 48. Minnesota Statutes 1982, section 206.08,
subdivision 3, is amended to read:
Subd. 3. [ADVISORY COMMITTEE TASK FORCE.] The secretary of
state may appoint a nonpartisan advisory committee task force to
advise him in the examining and reporting duties prescribed in
this section. The task force shall expire, and the terms,
compensation, and removal of members shall be as provided in
section 15.059.
Sec. 49. Minnesota Statutes 1982, section 214.13,
subdivision 4, is amended to read:
Subd. 4. The commissioner of health shall wherever
possible delegate the administration of regulation activities to
a health related licensing board with the concurrence of that
board. If the commissioner of health delegates this function,
the licensing board shall regularly bill the commissioner of
health for the cost of performing this function. The
commissioner of health may establish an advisory council task
force to advise him or the appropriate health related licensing
board on matters relating to the registration and regulation of
an occupation. A council task force shall have seven members
appointed by the commissioner of which five are members of the
registered occupation or related registered or licensed
occupations, and two are public members. A council task force
shall expire, and the terms, compensation and removal of members
shall be as provided in section 15.059.
Sec. 50. Minnesota Statutes 1982, section 241.64, is
amended to read:
241.64 [ADVISORY TASK FORCE COUNCIL.]
Subdivision 1. [CREATION.] Within 60 days after the
effective date of sections 241.61 to 241.66, the commissioner
shall appoint a nine member advisory task force council to
advise him on the implementation of sections 241.61 to 241.66.
The provisions of section 15.059, subdivision 6, shall govern
the terms, compensation, and removal of members, and expiration
of the advisory task force council. Council members shall not
receive per diem, but shall receive expenses in the same manner
and amount as state employees.
Subd. 2. [MEMBERSHIP.] Persons appointed shall be
knowledgeable in the fields of health, law enforcement, social
services or the law. Five members of the advisory task force
council shall be representatives of community or governmental
organizations which provide services to battered women, and four
members of the advisory task force council shall be public
members.
Subd. 3. [DUTIES.] The advisory task force council shall:
(a) recommend to the commissioner the names of five
applicants for the position of project coordinator.
(b) advise the commissioner on the rules promulgated
pursuant to section 241.63;
(c) review and comment on applications received by the
commissioner for designation as a pilot program and applications
for education grants; and
(d) advise the project coordinator in the performance of
his duties in the administration and coordination of the
programs funded under section 241.62.
Sec. 51. Minnesota Statutes 1982, section 241.71, is
amended to read:
241.71 [CREATION OF ADVISORY TASK FORCE.]
Within 60 days after July 1, 1981, The commissioner of
corrections shall may appoint an advisory task force on the
woman offender in corrections. The task force shall have at
least ten but no more than 20 members and shall reflect a
statewide geographical representation. The provisions of
section 15.059, subdivision 6, shall govern the expiration,
terms, expenses, and removal of members of the advisory task
force.
Sec. 52. Minnesota Statutes 1982, section 245.84,
subdivision 4, is amended to read:
Subd. 4. The commissioner may appoint an advisory council
task force of not more than 35 members which shall advise the
commissioner on grants and other child care issues. One-third
of the members of the advisory council shall be parents who use
child care services. The membership expiration, terms,
compensation and removal from office of members of the advisory
council shall be according to section 15.059.
Sec. 53. Minnesota Statutes 1982, section 246.017,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP, DUTIES, MEETINGS.] The commissioner
of public welfare shall create and establish may appoint a
medical policy directional committee task force on mental health
composed of seven including members five of whom who are experts
in their fields of medicine, mental health, mental retardation,
or related sciences. Two Members shall also be selected from
social service, rehabilitation, volunteer services, nursing,
hospital administration or related fields. Not more than one
member shall be selected from any one field of medicine or
related sciences which shall include the field of psychiatry,
neurology, physiology, biochemistry, internal medicine,
pediatrics, pharmacology, and psychology. The task force shall
expire, and the terms, compensation, and removal of members
shall be as provided in section 15.059.
One member shall be appointed whose term shall expire July
1, 1954, and his successors thereafter shall be appointed for a
period of three years; two members shall be appointed whose
terms expire on July 1, 1955, and their successors shall be
appointed for a term of three years; two members shall be
appointed whose terms shall expire on July 1, 1956, and their
successors thereafter shall be appointed for a term of three
years. Two members shall be appointed whose terms shall be
determined by the commissioner.
The committee will meet at least six times each year at
such times and in such places as the commissioner of public
welfare may determine. He may call such additional meetings
from time to time as he may deem necessary not exceeding a
maximum of 50 meetings in any one year. Each member will
receive the sum of $50 per day for time actually spent in
transacting the business of the board and shall be reimbursed
for expenses actually incurred in the performance of their
official duties.
The committee shall advise the commissioner of public
welfare as to all phases of professional standards including
patient care, training of personnel, management practices,
establishment of treatment programs, obtaining adequate staff,
establishment of medical and statistical records and operation
of practices in order that they be compatible with professional
requirements. The committee shall advise the commissioner of
public welfare in approval and guidance of research projects and
distribution of research funds. They shall assist him in
establishing and maintaining the best possible practices in all
mental institutions.
The commissioner of public welfare shall appoint, and
unless otherwise established by law, set the salary of a
licensed physician to serve as medical director to assist him in
establishing and maintaining the medical policies of the
department of public welfare. The commissioner may place the
medical director's position in the unclassified service if the
position meets the criteria of section 43A.08, subdivision 1a.
Sec. 54. Minnesota Statutes 1982, section 252.31, is
amended to read:
252.31 [ADVISORY COUNCIL TASK FORCE.]
The commissioner of public welfare shall may appoint an
advisory council of 11 members to be known as the advisory
council task force for the mentally retarded and physically
handicapped. The council task force shall advise the
commissioner relative to those laws for which the commissioner
is responsible to administer and enforce relating to mental
retardation and physical disabilities. The council task force
shall consist of persons who are providers or consumers of
service for the mentally retarded or physically handicapped, or
who are interested citizens. The commissioner of education and
the commissioner of health or their designees shall be
non-voting ex-officio members and shall advise the council as to
rules, regulations and services which relate to the departments
of education and health. The council task force shall expire
and the terms, compensation and removal of appointed members
shall be as provided in section 15.059.
Sec. 55. Minnesota Statutes 1982, section 256.481, is
amended to read:
256.481 [HANDICAPPED PERSON; DEFINITION.]
For the purposes of sections 256.481 to 256.483 256.482
"handicapped person" means one who, because of a substantial
physical, mental or emotional disability or dysfunction requires
special services in order to enjoy the benefits of our society
any person who:
(a) has a physical, mental, or emotional impairment which
substantially limits one or more major life activities;
(b) has a record of such an impairment; or
(c) is regarded as having such an impairment.
Sec. 56. Minnesota Statutes 1982, section 256.482, is
amended to read:
256.482 [COUNCIL FOR THE HANDICAPPED.]
Subdivision 1. [ESTABLISHMENT; MEMBERS.] There is hereby
established the council for the handicapped which shall consist
of 30 21 members appointed by the governor. At least fifteen
council members shall be handicapped persons or parents or
guardians of handicapped persons. Twenty members shall be
appointed from the general public, and ten shall be appointed
from organizations which provide services for the handicapped.
Members shall be appointed from the general public and from
organizations which provide services for handicapped persons. A
majority of council members shall be handicapped persons or
parents or guardians of handicapped persons. There shall be at
least one member of the council appointed from each of the state
development regions. The commissioners of the departments of
education, public welfare and, health, economic security, and
the state commissioner of health, human rights and the directors
of the division of vocational rehabilitation and state services
for the blind or their designees shall serve as ex officio,
without a vote, on the council, or shall designate a
representative to the council members of the council without
vote. In addition, there shall may be ex officio
representation, without vote, from the programs serving mentally
retarded persons and from the programs serving blind persons in
the department of public welfare and members from other programs
bureaus, divisions, or sections of state departments which are
directly concerned with the provision of services for to
handicapped persons. There shall be at least one member of the
council appointed from each of the state development regions.
The terms of members serving as of December 31, 1983, shall
expire on that date. Thereafter, notwithstanding the provisions
of section 15.059, each member of the council appointed by the
governor shall serve a three-year term and until his or her
successor is appointed and qualified, provided that of the
members initially appointed to serve starting in 1984, one-third
shall be appointed for one year, one-third for two years, and
one-third for three years as designated by the governor. The
compensation and removal of all members and expiration of the
council shall be as provided in section 15.059. The governor
shall appoint a chairman chair of the council from among the
members appointed from the general public or handicapped persons
or their parents or guardians. Vacancies shall be filled by the
appointing authority for the remainder of the unexpired term.
The council shall not expire and the terms of the appointed
members and the compensation and removal of all members shall be
as provided in section 15.059.
Subd. 2. [EXECUTIVE DIRECTOR; STAFF.] The council may
select an executive director of the council by a vote of a
majority of all council members. The executive director shall
be in the unclassified service of the state and shall act as
secretary to the council and shall perform such other duties as
the council may require of him provide administrative support
for the council and provide administrative leadership to
implement council mandates, policies, and objectives. The
council executive director shall approve employment of such
clerical help and other employees as are necessary, upon the
recommendation of the executive director employ and direct staff
authorized according to state law and necessary to carry out
council mandates, policies, activities, and objectives.
Salaries for of the executive director and staff shall be
established in the manner prescribed by chapter 15A state law,
and the executive director and staff shall be reimbursed for all
the actual and necessary expenses incurred as a result of his
their council responsibilities.
Subd. 3. [RECEIPT OF FUNDS.] Whenever any person, firm or
corporation offers to the council funds by the way of gift,
grant or loan, for purposes of assisting the council to carry
out its powers and duties, the council may accept such offer by
majority vote and upon such acceptance the chairman chair shall
receive such funds subject to the terms of the offer, but no
money shall be accepted or received as a loan nor shall any
indebtedness be incurred except in the manner and under the
limitations otherwise provided by law.
Subd. 4. [ORGANIZATION; COUNCILS AND COMMITTEES.] The
council shall organize itself in conformity with its
responsibilities under sections 256.481 to 256.483 256.482 and
shall establish councils and committees which shall give
detailed attention to the special needs of each category of
handicapped persons. The members of such councils and
committees shall be designated by the chairman chair with the
approval of a majority of the council and each council or
committee shall have members from, and in approximately the same
ratio as, the three groups represented on the council. Councils
Committees established shall include a council on employment
which shall carry out the duties and responsibilities formerly
entrusted to the governor's commission on employment of
handicapped persons, and a council on children which shall carry
out the duties and responsibilities related to handicapped
children formerly entrusted to the Minnesota advisory board on
handicapped, gifted and exceptional children committee on
children which shall study the special needs of handicapped
children and a committee on employment which shall study the
special employment needs of handicapped persons. The council
shall serve as liaison in Minnesota for the president's
committee on employment of the handicapped and for any other
organization for which it is so designated by the governor or
state legislature.
Subd. 5. [DUTIES AND POWERS.] The council shall have the
following duties and powers:
(1) to advise and otherwise aid the governor,; appropriate
state agencies, including but not limited to the departments of
education, public welfare, economic security, human rights, and
the divisions of vocational rehabilitation and services for the
blind; the state legislature; and the public on matters
pertaining to public policy and the administration of programs,
services and facilities for handicapped persons in Minnesota;
(2) to encourage and assist in the development of
coordinated, interdepartmental goals and objectives and the
coordination of programs, services and facilities among all
state departments and private providers of service as they
relate to handicapped persons;
(3) to serve as a source of information to the public
regarding all services, programs and legislation pertaining to
handicapped persons;
(4) to review and make comment to the governor, state
agencies, the legislature, and the public concerning adequacy of
state programs, plans and budgets for services to handicapped
persons and for funding under the various federal grant programs;
(5) to research, formulate and advocate plans, programs and
policies which will serve the needs of handicapped persons;
(6) to advise the department departments of labor and
industry and the state board of education economic security on
the administration and improvement of the workers' compensation
law as the law relates to programs, facilities and personnel
providing assistance to injured and handicapped workers;
(7) to advise the workers' compensation division of the
department of labor and industry and the workers' compensation
court of appeals as to the necessity and extent of any
alteration or remodeling of an existing residence or the
building or purchase of a new or different residence which is
proposed by a licensed architect under section 176.137.
Sec. 57. Minnesota Statutes 1982, section 256B.58, is
amended to read:
256B.58 [ADMINISTRATION.]
The pilot programs shall be administered by the
commissioner. The commissioner may employ staff to administer
the programs. The cost of the staff shall be met solely by
funds authorized to be spent for administering the programs.
The commissioner shall appoint a seven member advisory task
force to advise the commissioner on the operation of the pilot
programs. All of the members of the advisory task force shall
be senior citizens. The compensation of members, their removal
from office, and the filling of vacancies shall be as provided
in section 15.059.
Sec. 58. Minnesota Statutes 1982, section 268.12,
subdivision 6, is amended to read:
Subd. 6. [ADVISORY COUNCILS.] The commissioner of economic
security shall appoint a state advisory council and may appoint
such local advisory councils as he deems advisable, composed in
each case of an equal number of employer and employee
representatives who shall be selected because of their vocation,
employment, or affiliation, and of such members representing the
general public as he may designate. The commissioner may also
appoint an agricultural employment advisory council and such
other advisory councils as may be found necessary for proper
administration. Such The advisory councils shall aid the
commissioner in formulating policies and discussing problems
relating to the administration of sections 268.03 to 268.24 and
in assuring impartiality and freedom from political influence in
the solution of such problems. The councils shall expire and
the terms, compensation and removal of members shall be as
provided in section 15.059.
Sec. 59. Minnesota Statutes 1982, section 326.41, is
amended to read:
326.41 [ADVISORY COUNCIL.]
The state commissioner of health shall appoint seven
persons to the advisory council on plumbing code and
examinations, one of whom shall be a practical master plumber,
one a practical journeyman plumber, and one a representative of
the commissioner. The council shall expire and the terms,
compensation and removal of members of the council shall be as
provided in section 15.059.
Sec. 60. Minnesota Statutes 1982, section 363.04,
subdivision 4, is amended to read:
Subd. 4. [COMMITTEE TASK FORCE, MEMBERSHIP, APPEALS.]
There is hereby established within the department The
commissioner may appoint a human rights advisory committee task
force. The committee shall serve in an advisory capacity to the
commissioner. The committee shall consist of 15 members to be
appointed by the governor. Members shall be appointed with due
regard to their fitness for the efficient dispatch of the
functions, powers and duties vested in and imposed upon the
committee. The governor shall designate from time to time one
of the members as chairman.
Sec. 61. Minnesota Statutes 1982, section 363.04,
subdivision 4a, is amended to read:
Subd. 4a. [TERMS; COMPENSATION; REMOVAL; VACANCIES.] The
expiration, membership terms, compensation, removal of members,
and filling of vacancies on the committee task force shall be as
provided in section 15.059.
Sec. 62. Minnesota Statutes 1982, section 507.09, is
amended to read:
507.09 [FORMS APPROVED; AMENDMENTS.]
The several forms of deeds, mortgages, land contracts,
assignments, satisfactions, and other conveyancing instruments
prepared by the uniform conveyancing blanks commission and filed
by the commission with the secretary of state pursuant to Laws
1929, chapter 135, as amended by Laws 1931, chapter 34, are
approved and recommended for use in the state. Such forms shall
be kept on file with and be preserved by the secretary of state
as a public record. The commissioner of securities and real
estate may appoint an advisory committee task force on uniform
conveyancing forms to recommend to the commissioner of
securities and real estate amendments to existing forms or the
adoption of new forms. The task force shall expire, and the
terms, compensation, and removal of members shall be as provided
in section 15.059. The commissioner of securities and real
estate may adopt amended or new forms consistent with the laws
of this state by rule in accordance with chapter 14.
Sec. 63. Laws 1975, chapter 235, section 2, is amended to
read:
Sec. 2. This act is effective July 1, 1975 and shall
expire June 30, 1983 1987.
Sec. 64. Laws 1976, chapter 314, section 3, is amended to
read:
Sec. 3. This act is effective upon final enactment. The
board council shall expire on June 30, 1983 the date provided by
Minnesota Statutes, section 15.059, subdivision 5.
Sec. 65. Laws 1980, chapter 614, section 192, is amended
to read:
Sec. 192. [EFFECTIVE DATE.] Except as otherwise provided
in this act, this act is effective the day following final
enactment. Section 55 is effective retroactive to April 1,
1980. Sections 87 and 88 are effective for any notice of the
objects of the petition served after the day following final
enactment. Sections 85 and 86 are effective for each district
named in section 86 upon approval by a majority of the board of
managers of the respective districts, and upon compliance with
the provisions of Minnesota Statutes, Section 645.021. Sections
168 to 180 are effective upon approval by resolution of the St.
Paul city council. The resolution shall be adopted after
published notice to the public and public hearing. Sections 37
to 39, 49, 51, 57, 60 to 68, 70 to 74, 79, 81 to 83, 89, 101 to
123, 126, 128, 135 to 145, 148, 152, and 155, are effective July
1, 1980. Section 187 is effective July 1, 1980 and expires June
30, 1983 on the date provided by Minnesota Statutes, section
15.059, subdivision 5. Pursuant to Minnesota Statutes, Section
645.023, Subdivision 1, Clause (b), section 155 is effective
without local approval July 1, 1980. Section 157 is effective
March 1, 1981 and applies to causes of action accruing on or
after that date. Section 191, subdivision 2 is effective July
1, 1981.
Sec. 66. [TRANSITION.]
A person or group which is given discretionary authority
under this act to appoint an advisory task force may appoint any
person who on the day prior to the effective date of this
section was a member of an advisory group, to serve as a member
of the advisory task force which replaces the advisory group.
The initial appointment of former advisory group members to a
successor advisory task force is not subject to the open
appointments process under section 15.0597. This section is
repealed 90 days after the effective date of this section.
Sec. 67. [INTERIM STUDY.]
During the interim between the 1983 and 1984 legislative
sessions the governmental operations committees of the house of
representatives and the senate shall study the status of
advisory groups. Specifically the committees shall investigate
the extent to which advisory task forces are created to serve
the same functions as the groups abolished by this act. The
committees shall hear testimony from persons aggrieved by the
failure of an appointing authority to create an advisory task
force. The committees shall report their findings and any
recommendations for statutory changes to the house and the
senate before the beginning of the 1984 legislative session.
Sec. 68. [REPEALER.]
Minnesota Statutes 1982, 16.853; 31.60, subdivisions 2 and
3; 84.524, subdivisions 3 and 4; 86A.10, subdivision 2; 121.87,
subdivision 2; 121.938; 123.581, subdivisions 2, 3, 4, 5, and 7;
124.215; 141.24; 144.571; 144A.17; 144A.55; 145.98, subdivisions
2 and 4; 214.14; 222.65; 256.483; and 363.04, subdivision 5, are
repealed.
Sec. 69. [EFFECTIVE DATE.]
Sections 1 to 68 are effective July 1, 1983.
Approved June 6, 1983
Official Publication of the State of Minnesota
Revisor of Statutes