Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 629-S.F.No. 2226 
           An act relating to state government; amending certain 
          provisions governing advisory councils, committees, 
          and task forces; amending Minnesota Statutes 1986, 
          sections 3.922, subdivisions 3 and 8; 3.9223, 
          subdivision 1; 3.9225, subdivision 1; 3.9226, 
          subdivision 1; 6.65; 15.059, subdivision 5; 15.0591, 
          subdivision 1; 16B.27, subdivision 3; 79.51, 
          subdivision 4; 84B.11, subdivision 1; 85A.02, 
          subdivision 4; 115.54; 116C.59, subdivisions 1, 2, and 
          4; 116C.839; 121.83; 124.48, subdivision 3; 126.56, 
          subdivision 5; 128A.03, subdivision 3; 135A.05; 
          136A.02, subdivision 7; 138.97, subdivision 3; 162.02, 
          subdivision 2; 162.09, subdivision 2; 174.031, 
          subdivision 2; 175.008; 182.653, subdivision 4e; 
          214.141; 248.10, subdivision 2; 254A.035, subdivision 
          2; 256C.28, subdivision 2; 299F.097; 611A.34, 
          subdivision 1; 611A.71, by adding a subdivision; 
          Minnesota Statutes 1987 Supplement, sections 15.059, 
          subdivisions 3 and 6; 16B.20, subdivision 2; 43A.316, 
          subdivision 4; 115A.12, subdivision 1; 116J.971, by 
          adding a subdivision; 120.17, subdivision 11a; 
          121.934, subdivision 1; 123.935, subdivision 7; 
          126.665; 129C.10, subdivision 3; 136A.02, subdivision 
          6; 144.672, subdivision 1; 175.007, subdivision 1; 
          245.697, subdivision 1; 245.97, subdivision 6; 246.56, 
          subdivision 2; 256.482, subdivision 1; 256.73, 
          subdivision 7; 256B.064, subdivision 1a; 256B.27, 
          subdivision 3; 256B.433, subdivisions 1 and 4; 
          299A.23, subdivision 2; 299J.06, subdivision 4; 
          repealing Minnesota Statutes 1986, sections 116J.04; 
          160.80, subdivision 6; 177.28, subdivision 2; 326.66; 
          Minnesota Statutes 1987 Supplement, section 115A.12, 
          subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 3.922, 
subdivision 3, is amended to read:  
    Subd. 3.  [COMPENSATION; EXPENSES; EXPIRATION.] 
Compensation of nonlegislator members shall be as provided in 
section 15.059.  Expenses of the council shall be approved by 
two of any three members of the council designated by the 
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.  The council expires 
on June 30, 1993.  
    Sec. 2.  Minnesota Statutes 1986, section 3.922, 
subdivision 8, is amended to read:  
    Subd. 8.  [ADVISORY COUNCIL.] 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 terms, compensation and 
removal of members shall be as provided in section 15.059.  The 
council expires on June 30, 1993.  
    Sec. 3.  Minnesota Statutes 1986, 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.  The demographic 
composition of the council members shall accurately reflect the 
demographic composition of Minnesota's Spanish-speaking 
community, including migrant workers, as determined by the state 
demographer.  Membership, terms, compensation, removal of 
members and filling of vacancies shall be as provided in section 
15.0575.  Compensation of members is as provided in section 
15.059, subdivision 3.  The council shall annually elect from 
its membership a chair and other officers it deems necessary.  
The council shall expire expires on the date provided by section 
15.059, subdivision 5 June 30, 1993. 
    Sec. 4.  Minnesota Statutes 1986, section 3.9225, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CREATION.] There is created a state 
council on Black Minnesotans to consist of seven members 
appointed by the governor.  The members of the council shall be 
broadly representative of the Black community of the state and 
shall include at least three males and at least three females.  
Membership terms, compensation, removal of members and filling 
of vacancies for nonlegislative members shall be as provided in 
section 15.059.  In addition, two members of the house of 
representatives appointed by the speaker and two members of the 
senate appointed by the subcommittee on committees of the 
committee on rules and administration shall serve as ex officio, 
nonvoting members of the council.  The council shall annually 
elect from its membership a chair and other officers it deems 
necessary.  The council expires on June 30, 1993.  
    Sec. 5.  Minnesota Statutes 1986, section 3.9226, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CREATION.] The state council on 
Asian-Pacific Minnesotans consists of 13 members.  Nine members 
are appointed by the governor and shall be broadly 
representative of the Asian-Pacific community of the state. 
Terms, compensation, removal, and filling of vacancies for these 
members are as provided in section 15.059.  In addition, two 
members of the house of representatives appointed under the 
rules of the house of representatives and two members of the 
senate appointed under the rules of the senate shall serve as 
nonvoting members of the council.  The council shall annually 
elect from its membership a chair and other officers it deems 
necessary.  The council expires on June 30, 1993.  
    Sec. 6.  Minnesota Statutes 1986, section 6.65, is amended 
to read:  
    6.65 [MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.] 
    The state auditor shall prescribe minimum procedures and 
the audit scope for auditing the books, records, accounts, and 
affairs of local governments in Minnesota.  The minimum scope 
for audits of all local governments shall include financial and 
legal compliance audits for fiscal years ending after January 
15, 1984.  The state auditor shall establish a task force to 
promulgate an audit guide for legal compliance audits.  The task 
force shall include representatives of the state auditor, the 
attorney general, towns, cities, counties, school districts and 
private sector public accountants.  
     Sec. 7.  Minnesota Statutes 1987 Supplement, section 
15.059, subdivision 3, is amended to read:  
    Subd. 3.  [COMPENSATION.] Members of the advisory councils 
and committees shall be compensated at the rate of at least $35 
per day spent on council or committee activities, when 
authorized by the council or committee, plus expenses in the 
same manner and amount as authorized by the commissioner's plan 
adopted pursuant to section 43A.18, subdivision 2.  The state 
agency that provides funding for the advisory council or 
committee may authorize compensation of up to $55 per day spent 
on council or committee activities.  Members who, as a result of 
time spent attending council or committee meetings, incur child 
care expenses that would not otherwise have been incurred, may 
be reimbursed for those expenses upon council or committee 
authorization.  If members who are state employees or employees 
of political subdivisions receive the $35 per day daily 
compensation, and if the major part of their activities occur 
during normal working hours for which they are also compensated 
by the state or political subdivision, the employer shall deduct 
the $35 daily compensation from the employee's compensation for 
the day.  In no other case shall a member who is an employee of 
the state or a political subdivision suffer a loss in 
compensation or benefits from the state or political subdivision 
as a result of service on the council or committee.  Members who 
are full-time state employees or full-time employees of the 
political subdivisions of the state may receive the expenses 
provided for in this section unless the expenses are reimbursed 
by another source.  Members who are state employees or employees 
of political subdivisions of the state may be reimbursed for 
child care expenses only for time spent on board activities that 
are outside their normal working hours. 
    Sec. 8.  Minnesota Statutes 1986, section 15.059, 
subdivision 5, is amended to read:  
    Subd. 5.  [EXPIRATION DATE.] Unless an earlier a different 
date is specified by law, the existence of each advisory council 
and committee governed by this section shall terminate on June 
30, 1988 1989. 
    Sec. 9.  Minnesota Statutes 1987 Supplement, section 
15.059, subdivision 6, is amended to read:  
    Subd. 6.  [ADVISORY TASK FORCES.] If the existence of an 
advisory task 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.  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 mandated or 
with discretionary authority to create a task force may create 
another task force to continue the work of a task force which 
expires, unless the enabling legislation specifies an expiration 
date or creation of another task force is 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 provided in the commissioner's 
plan under section 43A.18, subdivision 2.  Members who, as a 
result of time spent attending task force meetings, incur child 
care expenses that would not otherwise have been incurred, may 
be reimbursed for those expenses upon task force authorization.  
Members who are state employees or employees of political 
subdivisions of the state may be reimbursed for child care 
expenses only for time spent on board activities that are 
outside their normal working hours.  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. 10.  Minnesota Statutes 1986, section 15.0591, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ADDITION OF MEMBERS.] The membership of 
state boards, commissions, advisory councils, task forces, or 
committees listed in subdivision 2 that have more than three 
public members shall include at least one member, 60 years of 
age or over.  For purposes of this section, a public member is a 
person who is not a representative of a specified business, 
occupation, industry, political subdivision, organization, or 
other grouping of persons other than geographical regions.  At 
least one of the members over 60 shall not be actively engaged 
in or retired from an occupation, profession, or industry, if 
any, to be regulated. 
    Sec. 11.  Minnesota Statutes 1987 Supplement, section 
16B.20, subdivision 2, is amended to read:  
    Subd. 2.  [ADVISORY COUNCIL.] A small business procurement 
advisory council is created.  The council consists of 13 members 
appointed by the commissioner of administration.  A chair of the 
advisory council shall be elected from among the members.  The 
appointments are subject to the appointments program provided by 
section 15.0597.  The terms and removal of members are as 
provided in section 15.059, but members do not receive per 
diem.  The council expires as provided in section 15.059, 
subdivision 5. 
     Sec. 12.  Minnesota Statutes 1986, section 16B.27, 
subdivision 3, is amended to read: 
    Subd. 3.  [COUNCIL.] The governor's residence council 
consists of the following 15 members:  the commissioner; the 
spouse, or a designee of the governor; the executive director of 
the Minnesota state arts board; 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 governor's residence 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 chair and a 
secretary from among its members.  The council shall expire 
expires on the date provided by section 15.059, subdivision 
5 June 30, 1993. 
    Sec. 13.  Minnesota Statutes 1987 Supplement, section 
43A.316, subdivision 4, is amended to read:  
    Subd. 4.  [LABOR-MANAGEMENT COMMITTEE.] There is created a 
labor-management committee of ten members appointed by the 
commissioner.  The labor-management committee shall consist of 
five members who represent employees, including at least one 
retired employee, and five members who represent eligible 
employers.  The commissioner shall consult with the 
labor-management committee in major decisions that affect the 
plan.  The committee shall study issues relating to the 
insurance plan including, but not limited to, flexible benefits, 
utilization review, quality assessment, and cost efficiency.  
The committee expires as provided in section 15.059, subdivision 
5. 
    Sec. 14.  Minnesota Statutes 1986, section 79.51, 
subdivision 4, is amended to read:  
    Subd. 4.  [ADVISORY COMMITTEE.] The commissioner shall 
appoint an advisory committee which shall offer recommendations 
regarding rulemaking under this section.  The advisory committee 
shall include representatives of insurers, employers, and 
employees.  The advisory committee expires as provided in 
section 15.059, subdivision 5. 
    Sec. 15.  Minnesota Statutes 1986, section 84B.11, 
subdivision 1, is amended to read:  
    Subdivision 1.  The governor shall appoint, except for the 
legislative members, a citizen's council on Voyageurs National 
Park, consisting of 17 members as follows: 
    Four residents of Koochiching county; 
    Four residents of St. Louis county; 
    Five residents of the state at large from outside 
Koochiching and St. Louis counties; 
    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 chair 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 terms, compensation and removal of nonlegislator 
members, and expiration of the council shall be as provided in 
section 15.059.  This section is repealed June 30, 1987. 
    Sec. 16.  Minnesota Statutes 1986, section 85A.02, 
subdivision 4, is amended to read:  
    Subd. 4.  The board may appoint an advisory committee task 
force consisting of persons who are members of zoological 
societies or who have shown a background or interest in such 
societies or zoo management or an ability to generate community 
support for the Minnesota zoological garden.  The task force 
expires as provided in section 15.059, subdivision 6. 
    Sec. 17.  Minnesota Statutes 1986, section 115.54, is 
amended to read:  
    115.54 [TECHNICAL ADVISORY COMMITTEE.] 
    The agency shall adopt and revise rules governing waste 
water treatment control under this chapter or chapter 116 only 
with the advice of a technical advisory committee of nine 
members.  One member of the committee shall be selected by each 
of the following:  the state consulting engineers council, the 
University of Minnesota division of environmental engineering, 
the state association of general contractors, the state 
wastewater treatment plant operators association, the 
metropolitan waste control commission created by section 
473.503, the association of metropolitan municipalities, the 
state association of small cities, and two members from the 
league of Minnesota cities.  The technical advisory committee 
may review and advise the agency on any rule or technical 
requirements governing the wastewater treatment grant or loan 
program and may review the work of other professional persons 
working on a wastewater treatment project and make 
recommendations to those persons, the agency, and the concerned 
municipality, in order for the agency to ensure that water 
quality treatment standards will be met.  The committee shall 
meet at least once a year, or at the call of the chair, and 
shall elect its chair.  The agency must provide staff support 
for the committee, prepare committee minutes and provide 
information to the committee it may request.  A quorum is a 
simple majority and official action must be by a majority vote 
of the quorum.  The committee expires as provided in section 
15.059, subdivision 5. 
    Sec. 18.  Minnesota Statutes 1987 Supplement, section 
115A.12, subdivision 1, is amended to read:  
    Subdivision 1.  [SOLID AND HAZARDOUS WASTE MANAGEMENT.] The 
chair of the board shall establish a solid waste management 
advisory council and a hazardous waste management planning 
council broadly representative of the geographic areas and 
interests of the state.  The councils shall have not less than 
nine nor more than 18 members each.  The membership of the solid 
waste council shall consist of one-third citizen 
representatives, one-third representatives from local government 
units, and one-third representatives from private solid waste 
management firms.  The solid waste council shall contain at 
least one member experienced in each of the following areas:  
state and municipal finance;  solid waste collection, 
processing, and disposal; and solid waste reduction and resource 
recovery.  The membership of the hazardous waste advisory 
council shall consist of one-third citizen representatives, 
one-third representatives from local government units, and 
one-third representatives of hazardous waste generators and 
private hazardous waste management firms.  The chairs of the 
advisory councils shall be appointed by the chair of the board.  
The chair of the board shall provide administrative and staff 
services for the advisory councils.  The advisory councils shall 
have such duties as are assigned by law or the chair of the 
board.  The solid waste advisory council shall make 
recommendations to the board on its solid waste management 
activities.  The hazardous waste advisory council shall make 
recommendations to the board on its activities under sections 
115A.08, 115A.09, 115A.10, 115A.11, 115A.20, 115A.21, and 
115A.24.  Members of the advisory councils shall serve without 
compensation but shall be reimbursed for their reasonable 
expenses as determined by the chair of the board.  The solid 
waste management advisory council and the hazardous waste 
management planning council expire as provided in section 
15.059, subdivision 5. 
    Sec. 19.  Minnesota Statutes 1986, section 116C.59, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ADVISORY COMMITTEE TASK FORCE.] The board 
shall may appoint one or more advisory committees task forces to 
assist it in carrying out its duties.  Committees Task forces 
appointed to evaluate sites or routes considered for designation 
shall be comprised of as many persons as may be designated by 
the board, but at least one representative from each of the 
following:  Regional development commissions, counties and 
municipal corporations and one town board member from each 
county in which a site or route is proposed to be located.  No 
officer, agent or employee of a utility shall serve on an 
advisory committee task force.  Reimbursement for expenses 
incurred shall be made pursuant to the rules governing state 
employees.  The task forces expire as provided in section 
15.059, subdivision 6. 
    Sec. 20.  Minnesota Statutes 1986, section 116C.59, 
subdivision 2, is amended to read:  
    Subd. 2.  [OTHER PUBLIC PARTICIPATION.] The board shall 
adopt broad spectrum citizen participation as a principal of 
operation.  The form of public participation shall not be 
limited to public hearings and advisory committees task forces 
and shall be consistent with the board's rules and guidelines as 
provided for in section 116C.66. 
    Sec. 21.  Minnesota Statutes 1986, section 116C.59, 
subdivision 4, is amended to read:  
    Subd. 4.  [SCIENTIFIC ADVISORY COMMITTEE TASK FORCE.] The 
board may appoint one or more advisory committee task forces 
composed of technical and scientific experts to conduct research 
and make recommendations concerning generic issues such as 
health and safety, underground routes, double circuiting and 
long range route and site planning.  Reimbursement for expenses 
incurred shall be made pursuant to the rules governing 
reimbursement of state employees.  The task forces expire as 
provided in section 15.059, subdivision 6. 
    Sec. 22.  Minnesota Statutes 1986, section 116C.839, is 
amended to read:  
    116C.839 [ADVISORY COMMITTEE.] 
    An advisory committee is created to consult with and advise 
the director, the governor, and the legislature on low-level 
radioactive waste issues.  The advisory committee shall consist 
of three representatives chosen by the speaker of the house; 
three senators chosen by the senate committee on committees; the 
director; the commissioner of health; the commissioner of 
transportation; the commissioner of department of natural 
resources; and the chair of the environmental quality board.  
The committee shall elect a chair from among its members.  The 
committee expires on June 30, 1993.  
    The advisory committee may appoint a technical task force 
on low-level radioactive waste, including but not limited to any 
members of the public with special expertise in low-level 
radioactive waste, state agency personnel, and generators 
representing the medical, industrial, and commercial 
organizations in the state which ship wastes to regional 
facilities.  The task force expires as provided in section 
15.059, subdivision 6. 
    Sec. 23.  Minnesota Statutes 1987 Supplement, section 
116J.971, is amended by adding a subdivision to read:  
    Subd. 10.  [EXPIRATION.] Sections 116J.970 and 116J.971 are 
repealed June 30, 1993. 
    Sec. 24.  Minnesota Statutes 1987 Supplement, section 
120.17, subdivision 11a, is amended to read:  
    Subd. 11a.  [STATE INTERAGENCY COORDINATING COUNCIL.] An 
interagency coordinating council of 15 members is established. 
The members and the chair shall be appointed by the governor.  
The council shall be composed of at least three parents of 
handicapped children under age seven, a representative of each 
of the commissioners of education, health, and human services, 
three representatives of public or private providers of services 
for handicapped children under age five, one member of the 
senate, one member of the house of representatives, one 
representative of teacher preparation programs in early 
childhood-special education, at least one representative of 
advocacy organizations for handicapped children, and other 
members knowledgeable about handicapped children under age 
five.  Section 15.059 applies, subdivisions 2 to 5, apply to the 
council, except that the council is permanent and does not 
expire.  The council shall meet at least quarterly.  
    The council shall address methods of implementing the state 
policy of developing and implementing comprehensive, 
coordinated, multidisciplinary interagency programs of early 
intervention services for handicapped children and their 
families. 
    The duties of the council include recommending policies to 
ensure a comprehensive and coordinated system of all state and 
local agency services for handicapped children under age five 
and their families.  The policies must address how to 
incorporate each agency's services into a unified state and 
local system of multidisciplinary assessment practices, 
individual intervention plans, comprehensive systems to find 
children in need of services, methods to improve public 
awareness, and assistance in determining the role of interagency 
early intervention committees.  
    It is the joint responsibility of county boards and school 
districts to coordinate, provide, and pay for appropriate 
services, and to facilitate payment for services from public and 
private sources.  Appropriate services must be determined in 
consultation with parents, physicians, and other educational, 
medical, health, and human services providers.  Appropriate 
services include family education and counseling, home visits, 
occupational and physical therapy, speech pathology, audiology, 
psychological services, case management, medical services for 
diagnostic and evaluation purposes, early identification, and 
screening, assessment, and health services necessary to enable 
handicapped children to benefit from early intervention 
services.  School districts must be the primary agency in this 
cooperative effort.  
    Each year by January 15 the council shall submit its 
recommendations to the education committees of the legislature, 
the governor, and the commissioners of education, health, and 
human services. 
    Sec. 25.  Minnesota Statutes 1986, section 121.83, is 
amended to read:  
    121.83 [MINNESOTA EDUCATION COUNCIL.] 
    There is hereby established the Minnesota education council 
composed of the members of the education commission of the 
states representing this state, and two other persons from each 
congressional district of which one shall be a legislator.  Four 
representatives shall be appointed by the speaker of the house 
and four senators shall be appointed by the committee on 
committees.  Legislative members shall serve terms coinciding 
with their respective terms of office.  The commissioner of 
education shall appoint one member from each congressional 
district, for terms coinciding with the term of the 
commissioner, who broadly represent professional and lay 
interests within this state having the responsibilities for, 
knowledge with respect to, and interest in educational matters.  
The commissioner shall designate a chair from among the council 
members.  The council shall meet on the call of the 
commissioner, but in any event the council shall meet not less 
than twice in each year.  The council may consider any and all 
matters relating to recommendations of the education commission 
of the states and the activities of the members representing 
this state thereon, shall serve as a forum for major education 
policies, and shall serve to exchange information about 
important education activities of interest to all parties.  
Members of the council shall serve without salary, but shall be 
reimbursed for actual expenses incurred in attendance at 
meetings of the council.  The council expires as provided in 
section 15.059, subdivision 5. 
    Sec. 26.  Minnesota Statutes 1987 Supplement, section 
121.934, subdivision 1, is amended to read:  
    Subdivision 1.  [CREATION.] An advisory council to the 
state board appointed by the governor is established.  Section 
15.059, subdivisions 2, 4, and 5, shall govern membership terms, 
removal of members, expiration, and filling of membership 
vacancies.  
    Sec. 27.  Minnesota Statutes 1987 Supplement, section 
123.935, subdivision 7, is amended to read:  
    Subd. 7.  [NONPUBLIC EDUCATION COUNCIL.] The commissioner 
shall appoint a 15-member council on nonpublic education.  The 
15 members shall represent various areas of the state, represent 
various methods of providing nonpublic education, and shall be 
knowledgeable about nonpublic education.  The compensation, 
removal of members, filling of vacancies, and terms are governed 
by section 15.0575.  The council expires as provided in section 
15.059, subdivision 5.  The council shall advise the 
commissioner and the state board on nonpublic school matters 
under this section.  The council may recognize educational 
accrediting agencies, for the sole purpose of sections 120.101, 
120.102, and 120.103.  When requested by the commissioner or the 
state board, the council may submit its advice about other 
nonpublic school matters. 
    Sec. 28.  Minnesota Statutes 1986, section 124.48, 
subdivision 3, is amended to read:  
    Subd. 3.  [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota 
Indian scholarship committee is established.  Members shall be 
appointed by the state board with the assistance of the Indian 
affairs council as provided in section 3.922, subdivision 6.  
Members shall be reimbursed for expenses as provided in section 
15.059, subdivision 6.  The state board shall determine the 
membership terms and duration of the committee, which expires no 
later than the date provided in section 15.059, subdivision 5.  
The committee shall provide advice to the state board in 
awarding scholarships to eligible American Indian students and 
in administering the state board's duties regarding awarding of 
American Indian post-secondary preparation grants to school 
districts. 
    Sec. 29.  Minnesota Statutes 1986, section 126.56, 
subdivision 5, is amended to read:  
    Subd. 5.  [ADVISORY COMMITTEE.] An advisory committee shall 
assist the state board of education in approving eligible 
programs and shall assist the higher education coordinating 
board in planning, implementing, and evaluating the scholarship 
program.  The committee shall consist of 11 members, to include 
the executive director of the higher education coordinating 
board or a representative, the commissioner of education or a 
representative, two secondary school administrators and two 
secondary teachers appointed by the commissioner of education, 
the executive director of the academic excellence foundation, a 
private college representative appointed by the president of the 
Minnesota private college council, a community college 
representative appointed by the community college chancellor, a 
state university representative appointed by the state 
university chancellor, and a University of Minnesota 
representative appointed by the president of the University of 
Minnesota.  The committee expires as provided in section 15.059, 
subdivision 5. 
    Sec. 30.  Minnesota Statutes 1987 Supplement, section 
126.665, is amended to read:  
    126.665 [STATE CURRICULUM ADVISORY COMMITTEE.] 
    The commissioner shall appoint a state curriculum advisory 
committee of 11 members to advise the state board and the 
department on the PER process.  Nine members shall be from each 
of the educational cooperative service units and two members 
shall be at-large.  The committee shall include representatives 
from the state board of education, parents, teachers, 
administrators, and school board members.  Each member shall be 
a present or past member of a district curriculum advisory 
committee.  The state committee shall provide information and 
recommendations about at least the following:  
    (1) department procedures for reviewing and approving 
reports and disseminating information; 
    (2) exemplary PER processes; 
    (3) recommendations for improving the PER process and 
reports; and 
    (4) developing a continuous process for identifying and 
attaining essential learner outcomes.  
    By February 1 of each year, the commissioner, in 
cooperation with the state curriculum advisory committee, shall 
prepare a report for the education committees of the 
legislature.  The report shall include the recommendations of 
the state curriculum advisory committee.  The committee expires 
as provided in section 15.059, subdivision 5. 
    Sec. 31.  Minnesota Statutes 1986, section 128A.03, 
subdivision 3, is amended to read:  
    Subd. 3.  The terms, compensation and removal of council 
members, and expiration of the council shall be as provided in 
section 15.059, subdivisions 2, 3, and 4, and 5.  The council 
shall not expire. 
    Sec. 32.  Minnesota Statutes 1987 Supplement, section 
129C.10, subdivision 3, is amended to read:  
    Subd. 3.  [POWERS AND DUTIES OF BOARD.] (a) The board has 
the powers necessary for the care, management, and control of 
the Minnesota school and resource center for the arts and all 
its real and personal property.  The powers shall include, but 
are not limited to, those listed in this subdivision. 
    (b) The board may employ and discharge necessary employees, 
and contract for other services to ensure the efficient 
operation of the school and resource center. 
    (c) The board may establish a charitable foundation and 
accept, in trust or otherwise, any gift, grant, bequest, or 
devise for educational purposes and hold, manage, invest, and 
dispose of them and the proceeds and income of them according to 
the terms and conditions of the gift, grant, bequest, or devise 
and its acceptance. 
    (d) The board may establish or coordinate evening, 
continuing education, extension, and summer programs through the 
resource center for teachers and pupils. 
    (e) The board may identify pupils in grades 9 to 12 who 
have artistic talent, either demonstrated or potential, in 
dance, literary arts, media arts, music, theater, and visual 
arts, or in more than one art form. 
    (f) The board shall educate pupils with artistic talent by 
providing:  
    (1) a pilot interdisciplinary academic and arts program for 
pupils in the 11th and 12th grades, beginning with 135 pupils in 
the 11th grade in September 1989, and 135 pupils in the 11th 
grade and 135 pupils in the 12th grade in September 1990; 
    (2) intensive arts seminars for one or two weeks for ninth 
and tenth grade pupils; 
    (3) summer arts institutes for pupils in grades nine to 12; 
    (4) artist mentor and extension programs in regional sites; 
and 
    (5) teacher education programs for indirect curriculum 
delivery. 
    (g) The board may determine the location for the Minnesota 
school and resource center for the arts and any additional 
facilities related to the school, including the authority to 
lease a temporary facility. 
    (h) The board must plan for the enrollment of pupils on an 
equal basis from each congressional district.  
    (i) The board may establish advisory committees task forces 
as needed to advise the board on policies and issues.  The task 
forces expire as provided in section 15.059, subdivision 6.  
    (j) The board may request the commissioner of education for 
assistance and services. 
    (k) The board may enter into contracts with other public 
and private agencies and institutions for residential and 
building maintenance services if it determines that these 
services could be provided more efficiently and less expensively 
by a contractor than by the board itself.  The board may also 
enter into contracts with public or private agencies and 
institutions, school districts or combinations of school 
districts, or educational cooperative service units to provide 
supplemental educational instruction and services. 
    (l) The board may provide or contract for services and 
programs by and for the arts high school, including a school 
store, operating in connection with the school; theatrical 
events; and other programs and services that, in the 
determination of the board, serve the purposes of the arts high 
school. 
    (m) The board may provide for transportation of pupils to 
and from the school and resource center for the arts for all or 
part of the school year, as the board considers advisable and 
subject to its rules.  Notwithstanding any other law to the 
contrary, the board may charge a reasonable fee for 
transportation of pupils.  Every driver providing transportation 
of pupils under this paragraph must possess all qualifications 
required by the state board of education.  The board may 
contract for furnishing authorized transportation under rules 
established by the commissioner of education and may purchase 
and furnish gasoline to a contract carrier for use in the 
performance of a contract with the board for transportation of 
pupils to and from the school and resource center for the arts.  
When transportation is provided, scheduling of routes, 
establishment of the location of bus stops, the manner and 
method of transportation, the control and discipline of pupils, 
and any other related matter is within the sole discretion, 
control, and management of the board. 
    (n) The board may provide room and board for its pupils. 
    (o) The board may establish and set fees for services and 
programs without regard to chapter 14.  If the board sets fees 
not authorized or prohibited by the Minnesota public school fee 
law, it may do so without complying with the requirements of 
section 120.75, subdivision 1. 
    Sec. 33.  Minnesota Statutes 1986, section 135A.05, is 
amended to read:  
    135A.05 [TASK FORCE.] 
    The executive director of the Minnesota higher education 
coordinating board shall administer a task force on average cost 
funding.  The task force shall include representation from each 
of the public systems of post-secondary education, 
post-secondary students, the education division of the house 
appropriations committee, the education subcommittee of the 
senate finance committee, the office of the commissioner of 
finance, the office of state auditor, and the uniform financial 
accounting and reporting advisory council.  The task force shall 
be convened and chaired by the executive director or a designee 
and staffed by the higher education coordinating board.  The 
task force shall review and make recommendations on the 
definition of instructional cost in all four systems, the method 
of calculating average cost for funding purposes, the method 
used to assign programs to the proper level of cost at each 
level of instruction, the adequacy of the accounting data for 
defining instructional cost in a uniform manner, and the 
biennial budget format to be used by the four systems in 
submitting their biennial budget requests.  The task force shall 
submit a report on these matters to the legislature by December 
1 of each odd-numbered year.  The task force expires as provided 
in section 15.059, subdivision 6. 
    Sec. 34.  Minnesota Statutes 1987 Supplement, section 
136A.02, subdivision 6, is amended to read:  
    Subd. 6.  A higher education advisory council is 
established.  The council is composed of the president of the 
University of Minnesota, the chancellor of the state 
universities, the chancellor of the community colleges, the 
state director of vocational technical education, the 
commissioner of education, the president of the private college 
council, and a representative from the Minnesota association of 
private post-secondary schools.  The advisory council shall (1) 
bring to the attention of the board any matters that the council 
deems necessary, (2) make appropriate recommendations, (3) 
review and comment upon proposals and other matters before the 
board, and (4) provide other assistance to the board.  The board 
shall periodically inform the council of matters under 
consideration by the board.  The board shall refer all proposals 
to the council before submitting recommendations to the governor 
and the legislature.  The board shall provide time for a report 
from the advisory council at each meeting of the board. 
    The council shall report to the board at least quarterly. 
The council shall determine its meeting times, but it shall also 
meet within 30 days after a request by the executive director of 
the board.  The council expires as provided in section 15.059, 
subdivision 5. 
    Sec. 35.  Minnesota Statutes 1986, section 136A.02, 
subdivision 7, is amended to read:  
    Subd. 7.  [STUDENT ADVISORY COUNCIL.] A student advisory 
council to the board is established.  The members of the council 
shall include the chair of the University of Minnesota 
university student senate, the state chair of the Minnesota 
state university student association, the president of the 
Minnesota community college student association, the president 
of the Minnesota vocational technical student association, the 
president of the Minnesota association of private college 
students, and a student who is enrolled in a private vocational 
school registered under this chapter, to be appointed by the 
Minnesota association of private post-secondary schools.  A 
member may be represented by a designee. 
    The advisory council shall: 
    (1) bring to the attention of the board any matter that the 
council believes needs the attention of the board, 
    (2) make recommendations to the board as the council deems 
appropriate, 
    (3) review and comment upon proposals and other matters 
before the board, 
    (4) provide any reasonable assistance to the board, and 
    (5) select one of its members to serve as chair and as a 
nonvoting member of the board.  The board shall inform the 
council of all matters under consideration by the board and 
shall refer all proposals to the council before the board acts 
or sends the proposals to the governor or the legislature.  The 
board shall provide time for a report from the advisory council 
at each meeting of the board. 
    The student advisory council shall report to the board 
quarterly and at other times that the council considers 
desirable.  The council shall determine its meeting time, but 
the council shall also meet with the executive director of the 
board within 30 days after the director's request for a council 
meeting.  The student advisory council shall meet quarterly with 
the higher education advisory council and the board executive 
committee.  The council expires as provided in section 15.059, 
subdivision 5. 
    Sec. 36.  Minnesota Statutes 1986, section 138.97, 
subdivision 3, is amended to read:  
    Subd. 3.  [GOVERNANCE.] The center shall be developed 
during its planning phase under the guidance of a labor 
interpretative task force whose chair is appointed by the 
governor.  The chair shall select the members of the task 
force.  The task force shall complete its work within 18 months 
of August 1, 1986.  The task force shall dissolve after the 18 
months or when its work is completed, whichever is sooner.  An 
advisory council shall be appointed by the director of the 
Minnesota historical society after the dissolution of the task 
force to assist the director with the operation of the center.  
The council expires as provided in section 15.059, subdivision 5.
    Sec. 37.  Minnesota Statutes 1987 Supplement, section 
144.672, subdivision 1, is amended to read:  
    Subdivision 1.  [RULE AUTHORITY.] The commissioner of 
health shall collect cancer incidence information, analyze the 
information, and conduct special studies designed to determine 
the potential public health significance of an increase in 
cancer incidence. 
    The commissioner shall adopt rules to administer the 
system, collect information, and distribute data.  The rules 
must include, but not be limited to, the following: 
    (1) the type of data to be reported; 
    (2) standards for reporting specific types of data; 
    (3) payments allowed to hospitals, pathologists, and 
registry systems to defray their costs in providing information 
to the system; 
    (4) criteria relating to contracts made with outside 
entities to conduct studies using data collected by the system.  
The criteria may include requirements for a written protocol 
outlining the purpose and public benefit of the study, the 
description, methods, and projected results of the study, peer 
review by other scientists, the methods and facilities to 
protect the privacy of the data, and the qualifications of the 
researcher proposing to undertake the study; 
    (5) specification of fees to be charged under section 
13.03, subdivision 3, for all out-of-pocket expenses for data 
summaries or specific analyses of data requested by public and 
private agencies, organizations, and individuals, and which are 
not otherwise included in the commissioner's annual summary 
reports.  Fees collected are appropriated to the commissioner to 
offset the cost of providing the data; and 
    (6) establishment of a committee to assist the commissioner 
in the review of system activities.  The committee expires as 
provided in section 15.059, subdivision 5. 
    Sec. 38.  Minnesota Statutes 1986, section 162.02, 
subdivision 2, is amended to read:  
    Subd. 2.  [RULES.] The rules shall be made and promulgated 
by the commissioner acting with the advice of a committee which 
shall be selected by the several county boards acting through 
the officers of the statewide association of county 
commissioners.  The committee shall be composed of nine members 
so selected that each member shall be from a different state 
highway construction district.  Not more than five of the nine 
members of the committee shall be county commissioners.  The 
remaining members shall be county highway engineers.  The 
committee expires as provided in section 15.059, subdivision 5.  
In the event that agreement cannot be reached on any rule the 
commissioner's determination shall be final.  The rules shall be 
printed and copies thereof shall be forwarded to the county 
auditors and the county engineers of the several counties.  
    Sec. 39.  Minnesota Statutes 1986, section 162.09, 
subdivision 2, is amended to read:  
    Subd. 2.  [RULES.] The rules shall be made and promulgated 
by the commissioner acting with the advice of a committee which 
shall be selected by the governing bodies of such cities, acting 
through the officers of the statewide association of municipal 
officials.  The committee shall be composed of 12 members, so 
selected that there shall be one member from each state highway 
construction district and in addition one member from each city 
of the first class.  Not more than six members of the committee 
shall be elected officials of the cities.  The remaining members 
of the committee shall be city engineers.  The committee expires 
as provided in section 15.059, subdivision 5.  In the event that 
agreement cannot be reached on any rule the commissioner's 
determination shall be final.  The rules shall be printed and 
copies thereof shall be forwarded to the clerks and engineers of 
the cities.  
    Sec. 40.  Minnesota Statutes 1986, section 174.031, 
subdivision 2, is amended to read:  
    Subd. 2.  [STUDY GUIDELINES.] (a) The commissioner shall 
establish guidelines for the studies.  The guidelines must 
require that recommended jurisdictional changes in each study be 
based on functional classification as modified by other factors, 
which must include:  level and type of commodities moved, 
service to economic centers, load-bearing capacity, service to 
state and local institutions, tourism function, constitutional 
status, and other factors the commissioner deems necessary.  The 
guidelines must provide criteria for estimating the changes in 
financial obligations that will accompany each transfer of 
mileage under the jurisdiction proposals produced by the 
studies.  The guidelines must include requirements for extensive 
consultation by the entities performing the studies with 
officials of affected counties, cities, and towns and 
requirements for public hearings on the completed jurisdiction 
proposals resulting from the studies.  The guidelines are not 
subject to the administrative procedure act and must be 
completed by July 30, 1985. 
    (b) To assist in formulating the guidelines, the 
commissioner shall appoint an advisory committee, to serve 
without compensation and to represent county, city, and town 
governments.  The committee expires as provided in section 
15.059, subdivision 5. 
    Sec. 41.  Minnesota Statutes 1987 Supplement, section 
175.007, subdivision 1, is amended to read:  
    Subdivision 1.  The commissioner shall appoint an advisory 
council on workers' compensation, which consists of five 
representatives of employers and five representatives of 
employees; five nonvoting members representing the general 
public; two persons who have received or are currently receiving 
workers' compensation benefits under chapter 176 and the chairs 
of the rehabilitation review panel and the medical services 
review board.  The council may consult with any party it 
desires.  The terms and removal of members shall be as provided 
in section 15.059.  The council is not subject to expires as 
provided in section 15.059, subdivision 5. 
    Sec. 42.  Minnesota Statutes 1986, section 175.008, is 
amended to read:  
    175.008 [CODE ENFORCEMENT ADVISORY COUNCIL; CREATION.] 
    The commissioner shall appoint an 11 member advisory 
council on code enforcement.  The terms, compensation, and 
removal of council members is, and expiration of the council are 
governed by section 15.059.  The council shall not expire as 
provided by section 15.059.  The council shall advise the 
commissioner on matters within the council's expertise or under 
the regulation of the commissioner. 
    Sec. 43.  Minnesota Statutes 1986, section 182.653, 
subdivision 4e, is amended to read:  
    Subd. 4e.  Each employer who is engaged in a farming 
operation and employs more than ten employees or who is engaged 
in a farming operation and maintains a temporary labor camp and 
employs any of its residents, shall comply with a training 
program, developed by the commissioner, concerning the hazardous 
substances and harmful physical agents to which the employees 
are routinely exposed.  The commissioner shall develop this 
training program in consultation with experts in agricultural 
work environment hazards and an advisory task force appointed by 
the commissioner, consisting of three representatives of 
agricultural employers and three representatives of agricultural 
employees.  The program shall be designed to fulfill the same 
purposes as training under subdivisions 4b and 4c, but take into 
account factors unique to farming operations.  These factors 
shall include but not be limited to the fact that many 
agricultural employees' primary language is Spanish and the fact 
that many chemicals used by agricultural employers are labeled 
under the Federal Insecticide, Fungicide, and Rodenticide Act.  
The commissioner shall complete implementation of this program 
by March 1, 1986.  
    Sec. 44.  Minnesota Statutes 1986, section 214.141, is 
amended to read:  
    214.141 [ADVISORY COUNCIL; MEMBERSHIP.] 
    There is established a human services occupations advisory 
council to assist the commissioner of health in formulating 
policies and rules pursuant to section 214.13.  The commissioner 
shall determine the council's duties and shall establish 
procedures for its proper functioning, including, but not 
limited to, methods for selecting temporary members and methods 
of communicating recommendations and advice to the commissioner 
for consideration.  The council shall consist of no more than 15 
members.  Thirteen members shall be appointed by the 
commissioner, one of whom the commissioner shall designate as 
chair.  The members shall be selected as follows:  four members 
shall represent currently licensed or registered human services 
occupations; two members shall represent human services 
occupations which are not currently registered; two members 
shall represent licensed health care facilities, which can 
include a health maintenance organization as defined in section 
62D.02; one member shall represent the higher education 
coordinating board; one member shall represent the state 
planning agency; one member shall represent a third party payor 
to health care costs; and two members shall be public members as 
defined by section 214.02.  
    In cases in which the council has been charged by the 
commissioner to evaluate an application submitted under the 
provisions of section 214.13, the commissioner may appoint to 
the council as temporary voting members, for the purpose of 
evaluating that application alone, one or two representatives 
from among the appropriate licensed or registered human services 
occupations or from among the state agencies that have been 
identified under section 214.13, subdivision 2.  In determining 
whether a temporary voting member or members should be appointed 
and which human services occupations or state agencies should be 
represented by temporary voting members, the commissioner shall 
attempt to systematically involve those who would be most 
directly affected by a decision to credential a particular 
applicant group and who are not already represented on the 
council.  The terms of temporary voting members shall not exceed 
12 months.  The terms of the other council members, and the 
compensation and removal of all members, and the expiration of 
the council shall be as provided in section 15.059.  
    Sec. 45.  Minnesota Statutes 1987 Supplement, section 
245.697, subdivision 1, is amended to read:  
    Subdivision 1.  [CREATION.] A state advisory council on 
mental health is created.  The council must have 25 members 
appointed by the governor in accordance with federal 
requirements.  The council must be composed of:  
    (1) the assistant commissioner of mental health for the 
department of human services;  
    (2) a representative of the department of human services 
responsible for the medical assistance program; 
    (3) one member of each of the four core mental health 
professional disciplines (psychiatry, psychology, social work, 
nursing); 
    (4) one representative from each of the following advocacy 
groups:  mental health association of Minnesota, Minnesota 
alliance for the mentally ill, and Minnesota mental health law 
project; 
    (5) providers of mental health services; 
    (6) consumers of mental health services; 
    (7) family members of persons with mental illnesses; 
    (8) legislators; 
    (9) social service agency directors; 
    (10) county commissioners; and 
    (11) other members reflecting a broad range of community 
interests, as the United States secretary of health and human 
services may prescribe by regulation or as may be selected by 
the governor. 
    Terms, compensation, and removal of members and filling of 
vacancies are governed by section 15.059, except that members 
shall not receive a per diem.  The council does not expire 
expires as provided in section 15.059. 
    Sec. 46.  Minnesota Statutes 1987 Supplement, section 
245.97, subdivision 6, is amended to read:  
    Subd. 6.  [TERMS, COMPENSATION, AND REMOVAL AND 
EXPIRATION.] The membership terms, compensation, and removal of 
members of the committee and the filling of membership vacancies 
are governed by section 15.0575.  The ombudsman committee and 
the medical review subcommittee expire on June 30, 1993. 
    Sec. 47.  Minnesota Statutes 1987 Supplement, section 
246.56, subdivision 2, is amended to read:  
    Subd. 2.  [POWERS OF COMMISSIONER.] The work activity 
programs authorized herein shall be planned and designed 
exclusively to provide therapeutic activities for handicapped 
workers whose physical or mental impairment is so severe as to 
make productive capacity inconsequential.  Notwithstanding 
section 177.24, the activities within this program shall conform 
to the rules and regulations relating to work activity centers 
promulgated by the United States Department of Labor.  To 
accomplish the foregoing purpose the commissioner of human 
services shall have the power and authority to: 
    (a) use the diversified labor fund established by Laws 
1945, chapter 575, section 19, to purchase equipment and remodel 
facilities of the state hospitals referred to in subdivision 1 
to initiate the work activity program, 
    (b) formulate a system of records and accounts which shall 
at all times indicate the extent of purchases, sales, wages, and 
bidding practices and which shall be open to public inspection.  
    The commissioner of human services shall, subject to the 
approval of the commissioner of education, have the power and 
authority to: 
    (a) create a work activity center revolving fund for the 
purpose of receiving and expending money in the operation of the 
said programs, 
    (b) contract with public and private industries for the 
manufacture, repair, or assembling of work according to standard 
bidding practices, 
    (c) use the revenue from the operation of said programs to 
pay wages to patients or residents according to their 
productivity, purchase equipment and supplies and pay other 
expenses necessary to the operation of the said programs, 
    (d) establish an advisory committee task force consisting 
of representatives from the departments of health, jobs and 
training, and human services, labor and business groups, 
interested community agencies, including but not limited to the 
Minnesota association of rehabilitation facilities, the 
Minnesota association for retarded children, and the Minnesota 
association for mental health, and the general public.  This 
committee task force will act in an advisory capacity with 
respect to the scope of work activity programs, the nature of 
the goods to be produced and services to be performed in such 
programs.  The task force expires as provided in section 15.059, 
subdivision 5, 
    (e) utilize all available vocational rehabilitation 
services and encourage the integration of the work activity 
program into existing vocational rehabilitation and community 
based programs, so that the work activity program will neither 
duplicate nor unfairly compete with existing public or private 
community programs. 
    Sec. 48.  Minnesota Statutes 1986, section 248.10, 
subdivision 2, is amended to read:  
    Subd. 2.  [REMOVAL; VACANCIES; EXPIRATION.] The 
compensation, removal of members, and filling of vacancies on 
the council are as provided in section 15.0575.  The council 
expires on June 30, 1993. 
    Sec. 49.  Minnesota Statutes 1986, section 254A.035, 
subdivision 2, is amended to read:  
    Subd. 2.  [MEMBERSHIP TERMS, COMPENSATION, REMOVAL AND 
EXPIRATION.] The membership of this council shall be composed of 
17 persons who are American Indians and who are appointed by the 
commissioner.  The commissioner shall appoint one representative 
from each of the following groups: Red Lake Band of Chippewa 
Indians; Fond du Lac Band, Minnesota Chippewa Tribe; Grand 
Portage Band, Minnesota Chippewa Tribe; Leech Lake Band, 
Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa 
Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 
Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; 
Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton 
Sioux Indian Reservation; Upper Sioux Indian Reservation; 
International Falls Northern Range; Duluth Urban Indian 
Community; and two representatives from the Minneapolis Urban 
Indian Community and two from the St. Paul Urban Indian 
Community.  The terms, compensation, and removal of American 
Indian advisory council members and expiration of the council 
shall be as provided in section 15.059.  
    Sec. 50.  Minnesota Statutes 1987 Supplement, section 
256.482, subdivision 1, is amended to read:  
    Subdivision 1.  [ESTABLISHMENT; MEMBERS.] There is hereby 
established the council on disability which shall consist of 21 
members appointed by the governor.  Members shall be appointed 
from the general public and from organizations which provide 
services for persons who have a disability.  A majority of 
council members shall be persons with a disability or parents or 
guardians of persons with a disability.  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, human services, health, jobs and training, and human 
rights and the directors of the division of rehabilitation 
services and state services for the blind or their designees 
shall serve as ex officio members of the council without vote.  
In addition, the council may appoint ex officio members from 
other bureaus, divisions, or sections of state departments which 
are directly concerned with the provision of services to persons 
with a disability.  
    Notwithstanding the provisions of section 15.059, each 
member of the council appointed by the governor shall serve a 
three-year term and until a successor is appointed and 
qualified.  The compensation and removal of all members shall be 
as provided in section 15.059.  The governor shall appoint a 
chair of the council from among the members appointed from the 
general public or who are persons with a disability 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 expires as provided in section 
15.059 on June 30, 1993. 
    Sec. 51.  Minnesota Statutes 1987 Supplement, section 
256.73, subdivision 7, is amended to read:  
    Subd. 7.  [VERIFICATION PROCEDURES.] The commissioner shall 
form an advisory committee of local agency representatives, 
state officials, and recipients to recommend and implement ways 
to reduce verification procedures at the local level.  The goal 
of this effort is to treat clients with dignity and expect 
client honesty.  Verification procedures should be reduced to a 
minimum at the time of application and increased only as 
needed.  The committee expires as provided in section 15.059, 
subdivision 5. 
    Sec. 52.  Minnesota Statutes 1987 Supplement, section 
256B.064, subdivision 1a, is amended to read:  
    Subd. 1a.  [GROUNDS FOR MONETARY RECOVERY AND SANCTIONS 
AGAINST VENDORS.] The commissioner may seek monetary recovery 
and impose sanctions against vendors of medical care for any of 
the following:  fraud, theft, or abuse in connection with the 
provision of medical care to recipients of public assistance; a 
pattern of presentment of false or duplicate claims or claims 
for services not medically necessary; a pattern of making false 
statements of material facts for the purpose of obtaining 
greater compensation than that to which the vendor is legally 
entitled; suspension or termination as a Medicare vendor; and 
refusal to grant the state agency access during regular business 
hours to examine all records necessary to disclose the extent of 
services provided to program recipients.  The determination of 
services not medically necessary shall may be made by the 
commissioner in consultation with a peer advisory committee task 
force appointed by the commissioner on the recommendation of 
appropriate professional organizations.  The task force expires 
as provided in section 15.059, subdivision 5. 
    Sec. 53.  Minnesota Statutes 1987 Supplement, section 
256B.27, subdivision 3, is amended to read:  
    Subd. 3.  The commissioner of human services, with the 
written consent of the recipient, on file with the local welfare 
agency, shall be allowed access to all personal medical records 
of medical assistance recipients solely for the purposes of 
investigating whether or not:  (a) a vendor of medical care has 
submitted a claim for reimbursement, a cost report or a rate 
application which is duplicative, erroneous, or false in whole 
or in part, or which results in the vendor obtaining greater 
compensation than the vendor is legally entitled to; or (b) the 
medical care was medically necessary.  The vendor of medical 
care shall receive notification from the commissioner at least 
24 hours before the commissioner gains access to such records.  
The determination of provision of services not medically 
necessary shall be made by the commissioner in consultation.  
The commissioner may consult with an advisory committee task 
force of vendors as appointed by the commissioner may appoint, 
on the recommendation of appropriate professional 
organizations.  The task force expires as provided in section 
15.059, subdivision 6.  Notwithstanding any other law to the 
contrary, a vendor of medical care shall not be subject to any 
civil or criminal liability for providing access to medical 
records to the commissioner of human services pursuant to this 
section.  
    Sec. 54.  Minnesota Statutes 1987 Supplement, section 
256B.433, subdivision 1, is amended to read:  
    Subdivision 1.  [SETTING PAYMENT; MONITORING USE OF THERAPY 
SERVICES.] The commissioner shall promulgate rules pursuant to 
the administrative procedure act to set the amount and method of 
payment for ancillary materials and services provided to 
recipients residing in nursing homes.  Payment for materials and 
services may be made to either the nursing home in the operating 
cost per diem, to the vendor of ancillary services pursuant to 
Minnesota Rules, parts 9500.0750 to 9500.1080 or to a nursing 
home pursuant to Minnesota Rules, parts 9500.0750 to 9500.1080.  
Payment for the same or similar service to a recipient shall not 
be made to both the nursing home and the vendor.  The 
commissioner shall ensure the avoidance of double payments 
through audits and adjustments to the nursing home's annual cost 
report as required by section 256B.47, and that charges and 
arrangements for ancillary materials and services are cost 
effective and as would be incurred by a prudent and 
cost-conscious buyer.  Therapy services provided to a recipient 
must be medically necessary and appropriate to the medical 
condition of the recipient.  If the vendor, nursing home, or 
ordering physician cannot provide adequate medical necessity 
justification, as determined by the commissioner, in 
consultation with an advisory committee task force that meets 
the requirements of section 256B.064, subdivision 1a, the 
commissioner may recover or disallow the payment for the 
services and may require prior authorization for therapy 
services as a condition of payment or may impose administrative 
sanctions to limit the vendor, nursing home, or ordering 
physician's participation in the medical assistance program.  
    Sec. 55.  Minnesota Statutes 1987 Supplement, section 
256B.433, subdivision 4, is amended to read:  
    Subd. 4.  [ADVISORY COMMITTEE.] The commissioner shall 
convene an advisory committee task force consisting of nursing 
home consumers, therapists from each discipline, and 
representatives of the nursing home industry.  The commissioner, 
in consultation with the advisory committee, shall study 
alternative methods of payment for therapy services provided to 
nursing home residents and report to the legislature by February 
1, 1989.  The task force expires as provided in section 15.059, 
subdivision 6. 
    Sec. 56.  Minnesota Statutes 1986, section 256C.28, 
subdivision 2, is amended to read:  
    Subd. 2.  [REMOVAL; VACANCIES; EXPIRATION.] The 
compensation, removal of members, and filling of vacancies on 
the council are as provided in section 15.0575.  The council 
expires as provided in section 15.059, subdivision 5. 
    Sec. 57.  Minnesota Statutes 1987 Supplement, section 
299A.23, subdivision 2, is amended to read:  
    Subd. 2.  [ADVISORY COUNCIL.] An advisory council of 15 
members is established under section 15.059.  The commissioners 
of human services, health, education, and corrections shall each 
appoint one member.  The subcommittee on committees of the 
senate and the speaker of the house of representatives shall 
each appoint two members of their respective bodies, one from 
each caucus.  The governor shall appoint an additional seven 
members who shall demonstrate knowledge in the area of child 
abuse and shall represent the demographic and geographic 
composition of the state, and to the extent possible, represent 
the following groups:  local government, parents, racial and 
ethnic minority communities, the religious community, 
professional providers of child abuse prevention and treatment 
services, and volunteers in child abuse prevention and treatment 
services.  The council shall advise and assist the commissioner 
in carrying out sections 299A.20 to 299A.26.  The council does 
not expire expires as provided by section 15.059, subdivision 5. 
    Sec. 58.  Minnesota Statutes 1986, section 299F.097, is 
amended to read:  
    299F.097 [HAZARDOUS SUBSTANCE NOTIFICATION ADVISORY 
COMMITTEE.] 
    The hazardous substance notification advisory committee is 
created.  The committee shall consist of 11 members to be 
appointed by the commissioner of public safety to advise on the 
development of rules to implement and enforce sections 299F.091 
to 299F.099 and to assist in the development of amendments to 
the hazardous substance notification report.  The advisory 
committee shall consist of representation from fire chiefs; 
professional firefighters; volunteer firefighters; fire 
marshals; law enforcement personnel; emergency medical 
personnel; an independent health professional with training in 
toxicology; and four representatives from business and industry, 
at least one of whom shall represent small business.  The 
committee must be appointed, serve, expire, and be compensated 
in the manner provided in section 15.059, and shall serve at the 
pleasure of the commissioner.  
    Sec. 59.  Minnesota Statutes 1987 Supplement, section 
299J.06, subdivision 4, is amended to read:  
    Subd. 4.  [TERMS; COMPENSATION; REMOVAL.] The terms, 
compensation, and removal of members are governed by section 
15.0575.  The council expires on June 30, 1993. 
    Sec. 60.  Minnesota Statutes 1986, section 611A.34, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CREATION.] Within 60 days after the 
effective date of sections 611A.31 to 611A.36, the commissioner 
shall appoint a nine member advisory council to advise the 
commissioner on the implementation of sections 611A.31 to 
611A.36.  The provisions of section 15.059 shall govern the 
terms and, removal of members, and expiration of the advisory 
council.  Notwithstanding section 15.059, the council shall not 
expire.  Council members shall not receive per diem, but shall 
receive expenses in the same manner and amount as state 
employees.  
    Sec. 61.  Minnesota Statutes 1986, section 611A.71, is 
amended by adding a subdivision to read: 
    Subd. 7.  [EXPIRATION.] The council expires as provided in 
section 15.059, subdivision 5. 
     Sec. 62.  [TASK FORCE ON GENETICALLY ENGINEERED ORGANISMS.] 
    Subdivision 1.  [TASK FORCE MEMBERSHIP.] The environmental 
quality board shall appoint a task force on genetically 
engineered organisms with membership consisting of: 
    (1) two representatives of the scientific community who 
have expertise in the techniques and applications of genetic 
engineering and one representative of the biotechnological 
industry; 
    (2) a representative of the department of health whose work 
involves expertise in environmental health issues; 
    (3) a representative of the department of agriculture whose 
work involves expertise in animal health or pesticide issues; 
    (4) a representative of the pollution control agency; 
    (5) a representative of the department of natural resources;
    (6) a representative of the department of trade and 
economic development; 
    (7) a member of the environmental quality board; 
    (8) a person who has a background in environmental 
protection; 
    (9) a representative of a farming organization who has a 
background in agriculture; 
    (10) a representative of a food organization who has a 
background in nutrition; 
    (11) a person with demonstrated expertise in microbiology; 
    (12) a person with demonstrated expertise in epidemiology; 
and 
    (13) a person with demonstrated expertise in biological 
sciences. 
The members shall serve without compensation. 
    Subd. 2.  [CHAIR.] The environmental quality board shall 
appoint the chair of the task force, who is responsible for 
convening meetings of the task force. 
    Subd. 3.  [STAFF.] The board must provide administrative 
and staff assistance to the task force upon request. 
    Sec. 63.  [POWERS AND DUTIES.] 
    Subdivision 1.  [STUDY ISSUES.] The task force shall study: 
    (1) existing United States; international, including 
Canada, Germany, and Japan; other state and Minnesota laws and 
regulations governing the release of genetically engineered 
organisms to determine their adequacy in governing the release 
of genetically engineered organisms; 
    (2) whether additional state laws or local government 
regulations are necessary to govern the release of genetically 
engineered organisms; and 
    (3) any additional issues surrounding the release of 
genetically engineered organisms that the task force believes 
are necessary to address. 
    Subd. 2.  [REPORT.] The task force shall issue a report 
with recommendations, including any recommendations for 
legislation, to the governor and the legislature by January 1, 
1989.  Copies of the report must be available to the general 
public. 
    Sec. 64.  [REPEALERS.] 
    Minnesota Statutes 1986, sections 116J.04; 160.80, 
subdivision 6; 177.28, subdivision 2; and 326.66 are repealed.  
Minnesota Statutes 1987 Supplement, section 115A.12, subdivision 
2, is repealed.  Sections 62 and 63 are repealed July 1, 1989.  
    Sec. 65.  [EFFECTIVE DATE.] 
    Sections 1 to 61 and 64 are effective June 30, 1988.  
Sections 62 and 63 are effective the day following final 
enactment. 
    Approved April 24, 1988