Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 187-S.F.No. 157
An act relating to state government; rulemaking;
enacting, eliminating, continuing, or modifying
certain exemptions from the rulemaking requirements of
the administrative procedures act; making technical
and conforming changes; amending Minnesota Statutes
1996, sections 3.305, by adding a subdivision; 14.03,
subdivision 3, and by adding a subdivision; 14.386;
14.47, subdivision 1; 15.50, subdivision 2; 16A.632,
subdivision 2; 16A.641, subdivision 4; 16A.671,
subdivision 5; 16B.18, subdivision 3; 16D.11,
subdivision 7; 17.03, subdivision 10; 17.54,
subdivision 4; 17.56, subdivision 2; 17.57,
subdivision 1; 17.64, subdivision 2; 18.022,
subdivision 9; 18.0227, subdivision 3; 32.394,
subdivision 12; 41B.07; 41C.13; 43A.182; 48.221;
50.175, subdivision 2; 51A.361; 52.17, subdivision 2;
53.07, subdivision 1; 60A.13, subdivision 6; 60K.19,
subdivision 6; 61B.21, subdivision 1; 62E.10,
subdivision 8; 62J.04, subdivision 1; 62J.152,
subdivision 4; 62J.61; 62L.13, subdivision 3; 62N.23;
62N.25, subdivision 6; 65B.28, subdivision 3; 79.34,
subdivisions 1 and 2a; 79.362; 84.98, subdivision 2;
85.045, subdivision 3; 85A.02, subdivision 5b; 85A.05,
subdivision 2; 88.80, subdivision 2; 97A.085,
subdivision 4a; 115A.11, subdivision 2; 115A.20;
115A.58, subdivision 2; 116.17, subdivision 2; 116.44,
subdivision 1; 116C.06, subdivision 1; 116O.05,
subdivision 3; 123.3514, subdivision 8; 124.41,
subdivision 2; 124.46, subdivision 2; 124.648,
subdivision 3; 128C.02, subdivision 4; 129C.10,
subdivision 3; 136A.40; 145.925, subdivision 9;
147A.26; 148B.66, subdivision 3; 148C.03, subdivision
1; 150A.04, subdivision 5; 152.02, subdivision 12;
153A.15, subdivision 3; 161.1231, subdivision 5;
167.50, subdivision 2; 169.06, subdivision 1; 169.452;
169.99, subdivision 2; 171.321, subdivision 2; 174.51,
subdivision 2; 176.102, subdivision 2; 176.136,
subdivision 1a; 176A.08; 182.655, subdivision 1;
216D.03, subdivision 2; 240A.02, subdivision 2;
244.13, subdivision 1; 245.494, subdivision 1;
245A.09, subdivision 10; 256.027; 256.9357,
subdivision 3; 256.9685, subdivision 1; 256.969,
subdivision 3a; 256B.431, subdivision 2e; 256B.434,
subdivision 12; 256B.501, subdivision 10; 256B.502;
256B.503; 273.112, subdivision 6a; 299F.093,
subdivision 1; 325F.665, subdivision 6; 346.58;
347.51, subdivision 2a; 401.03; 458A.03, subdivision
2; 474A.17; 475A.06, subdivision 2; 507.09; 518.14,
subdivision 2; 518.611, subdivision 9; 518.613,
subdivision 6; 518.64, subdivision 5; 518.641,
subdivision 4; 624.22, subdivision 1; and 624.7151;
Laws 1988, chapter 688, article 21, section 7,
subdivision 1; and Laws 1991, chapter 265, article 4,
section 28; proposing coding for new law in Minnesota
Statutes, chapters 14; and 128C; repealing Minnesota
Statutes 1996, sections 14.38, subdivisions 5, 6, 7,
8, and 9; 14.387; 126.56, subdivision 8; 214.06,
subdivision 3; 469.173, subdivision 2; and 469.308,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
EXEMPTIONS ELIMINATED OR NO LONGER NEEDED;
RULEMAKING REQUIRED
Section 1. Minnesota Statutes 1996, section 32.394,
subdivision 12, is amended to read:
Subd. 12. [WATER TESTING GUIDELINES.] The commissioner of
agriculture, in consultation with the commissioner of health,
shall establish guidelines for the testing required under
section 32.394, subdivision 11, clause (3). The guidelines are
not subject to chapter 14.
Sec. 2. Minnesota Statutes 1996, section 41B.07, is
amended to read:
41B.07 [RULES.]
The authority may adopt rules for the efficient
administration of sections 41B.01 to 41B.23. The rules need not
be adopted in compliance with chapter 14.
Sec. 3. Minnesota Statutes 1996, section 41C.13, is
amended to read:
41C.13 [RULES.]
The authority may adopt rules for the efficient
administration of this chapter. The rules need not be adopted
in compliance with chapter 14.
Sec. 4. Minnesota Statutes 1996, section 43A.182, is
amended to read:
43A.182 [PAYMENT OF SALARY DIFFERENTIAL FOR RESERVE FORCES
ON ACTIVE DUTY.]
Each agency head shall pay to each eligible member of the
reserve components of the armed forces of the United States an
amount equal to the difference between the member's basic active
duty military salary and the salary the member would be paid as
an active state employee, including any adjustments the member
would have received if not on leave of absence. This payment
may be made only to a person whose basic active duty military
salary is less than the salary the person would be paid as an
active state employee. Payments must be made at the intervals
at which the member received pay as a state employee. Back pay
authorized by this section may be paid in a lump sum. Such pay
shall not extend beyond four years from the date the employee
was called to active duty plus such additional time in each case
as such employee may be required to serve pursuant to law.
An eligible member of the reserve components of the armed
forces of the United States is a reservist or National Guard
member who was an employee of the state of Minnesota at the time
the member was called to active duty and who was or is called to
active duty after August 1, 1990, because of Operation Desert
Shield, Operation Desert Storm, or any other action taken by the
armed forces relating to hostilities between the United States
and the Republic of Iraq.
For the purposes of this section, an employee of the state
is an employee of the executive, judicial, or legislative
branches of state government or an employee of the Minnesota
state retirement system, the public employee retirement
association, or the teachers retirement association.
The commissioner of employee relations and the commissioner
of finance shall adopt procedures required to implement this
section. The procedures are exempt from chapter 14.
Sec. 5. Minnesota Statutes 1996, section 62J.04,
subdivision 1, is amended to read:
Subdivision 1. [LIMITS ON THE RATE OF GROWTH.] (a) The
commissioner of health shall set annual limits on the rate of
growth of public and private spending on health care services
for Minnesota residents, as provided in paragraph (b). The
limits on growth must be set at levels the commissioner
determines to be realistic and achievable but that will reduce
the rate of growth in health care spending by at least ten
percent per year for the next five years. The commissioner
shall set limits on growth based on available data on spending
and growth trends, including data from group purchasers,
national data on public and private sector health care spending
and cost trends, and trend information from other states.
(b) The commissioner shall set the following annual limits
on the rate of growth of public and private spending on health
care services for Minnesota residents:
(1) for calendar year 1994, the rate of growth must not
exceed the change in the regional consumer price index for urban
consumers for calendar year 1993 plus 6.5 percentage points;
(2) for calendar year 1995, the rate of growth must not
exceed the change in the regional consumer price index for urban
consumers for calendar year 1994 plus 5.3 percentage points;
(3) for calendar year 1996, the rate of growth must not
exceed the change in the regional consumer price index for urban
consumers for calendar year 1995 plus 4.3 percentage points;
(4) for calendar year 1997, the rate of growth must not
exceed the change in the regional consumer price index for urban
consumers for calendar year 1996 plus 3.4 percentage points; and
(5) for calendar year 1998, the rate of growth must not
exceed the change in the regional consumer price index for urban
consumers for calendar year 1997 plus 2.6 percentage points.
The commissioner shall adjust the growth limit set for
calendar year 1995 to recover savings in health care spending
required for the period July 1, 1993 to December 31, 1993. The
commissioner shall publish:
(1) the projected limits in the State Register by April 15
of the year immediately preceding the year in which the limit
will be effective except for the year 1993, in which the limit
shall be published by July 1, 1993;
(2) the quarterly change in the regional consumer price
index for urban consumers; and
(3) the health care financing administration forecast for
total growth in the national health care expenditures. In
setting an annual limit, the commissioner is exempt from the
rulemaking requirements of chapter 14. The commissioner's
decision on an annual limit is not appealable.
Sec. 6. Minnesota Statutes 1996, section 62N.25,
subdivision 6, is amended to read:
Subd. 6. [SOLVENCY.] A community integrated service
network is exempt from the deposit, reserve, and solvency
requirements specified in sections 62D.041, 62D.042, 62D.043,
and 62D.044 and shall comply instead with sections 62N.27 to
62N.32. In applying sections 62N.27 to 62N.32, the commissioner
is exempt from the rulemaking requirements of chapter 14.
However, To the extent that there are analogous definitions or
procedures in chapter 62D or in rules promulgated thereunder,
the commissioner shall follow those existing provisions rather
than adopting a contrary approach or interpretation. This
rulemaking exemption shall expire on June 1, 1995.
Sec. 7. Minnesota Statutes 1996, section 84.98,
subdivision 2, is amended to read:
Subd. 2. [PLAN.] (a) The commissioner of natural resources
shall develop a plan for the Minnesota conservation corps to
provide:
(1) equal opportunities of employment for youths with
preference given to youths who are economically, socially,
physically, or educationally disadvantaged and youths residing
in areas of substantial unemployment;
(2) equal opportunity for female and male youths;
(3) summer youth programs and year-round young adult
programs;
(4) ways in which exclusive bargaining representatives are
to be involved in regard to the planning and implementation of
positions and job duties of persons employed in projects;
(5) methods for coordinating the programs of the Minnesota
conservation corps with other publicly authorized or subsidized
programs in cooperation with the commissioners of children,
families, and learning and economic security, the workforce
development council, and other state and local youth service and
education entities;
(6) programs for participants to be assisted in gaining
employment or training upon completing the projects, including,
where feasible, in cooperation with the department of economic
security and educational agencies, arranging for career
assessment and planning services designed to enhance participant
transition from the Minnesota conservation corps to future
employment or education;
(7) a remedial education component utilizing, as resources
permit and where feasible, the services of the department of
economic security and educational agencies including instruction
in life skills and basic remedial skills for participants who
are deficient in the skills or who have not completed high
school;
(8) the manner of allocating the services of Minnesota
conservation corps members to the various divisions of the
department of natural resources, to other state, local, and
federal governmental conservation and natural resource managers,
and to federally recognized Indian tribes or bands;
(9) standards of conduct and other operating guidelines for
Minnesota conservation corps members; and
(10) a determination of preference for projects that will
provide long-term benefits to the public, will provide
productive work and public service experience to Minnesota
conservation corps members, will be primarily labor intensive,
and will provide a significant return on taxpayer investment.
(b) The commissioner shall establish the plan
notwithstanding chapter 14. No later than July 1, 1990, the
plan established under this paragraph subdivision shall be
adopted under the rulemaking provisions of chapter 14.
Sec. 8. Minnesota Statutes 1996, section 88.80,
subdivision 2, is amended to read:
Subd. 2. [PILOT PROJECT.] The commissioner shall establish
an aspen recycling program pilot project in the highest priority
area on state lands in order to develop effective program
procedures and practices. With respect to the pilot project,
the commissioner may restrict bidding on contracts for the
cutting, removal, and disposal of aspens, and for related
activities, to loggers and others residing in the pilot project
area designated under the program that are financially
distressed. The commissioner may establish standards and
procedures for awarding logging contracts, notwithstanding
chapter 14, relating to eligibility for employment for
conservation work projects.
Sec. 9. Minnesota Statutes 1996, section 115A.11,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.] The plan and the procedures for
hearings on the plan are not subject to the rulemaking or
contested case provisions of chapter 14. Before revising the
draft plan or amending its adopted plan, the office shall
provide notice and hold a public meeting.
Sec. 10. Minnesota Statutes 1996, section 115A.20, is
amended to read:
115A.20 [EVALUATION OF SITES.]
The office shall not be required to promulgate rules
pursuant to chapter 14 to govern its evaluation and selection of
sites for commercial stabilization and containment facilities
under sections 115A.18 to 115A.30, nor shall the agency be
required to promulgate rules pursuant to chapter 14 on criteria
and standards to govern its certification of intrinsic
suitability of sites for commercial stabilization and
containment facilities under sections 115A.18 to 115A.30. In
evaluating and selecting sites for stabilization and containment
facilities, the office shall consider at least the following
factors:
(a) economic feasibility, including proximity to
concentrations of generators of the types of hazardous wastes
likely to be proposed and permitted for stabilization and
containment;
(b) intrinsic suitability of the sites;
(c) federal and state pollution control and environmental
protection rules;
(d) the risk and effect for local residents, units of
government, and the local public health, safety, and welfare,
including such dangers as an accidental release of wastes during
transportation to a facility or at a facility, water, air, and
land pollution, and fire or explosion;
(e) the consistency of a facility with, and its effect on,
existing and planned local land use and development; local laws,
ordinances, and permits; and local public facilities and
services;
(f) the adverse effects of a facility at the site on
agriculture and natural resources and opportunities to mitigate
or eliminate such adverse effects by stipulations, conditions,
and requirements respecting the design and operation of a
disposal facility at the proposed site.
No land shall be excluded from consideration except land
determined by the agency to be intrinsically unsuitable for the
use intended.
Nothing in this section shall be construed as granting the
office an exemption from the rulemaking requirements of chapter
14 if the agency adopts statements of general applicability and
future effect, including amendments, suspensions, and repeals of
rules, adopted to implement or make specific the law enforced or
administered by the agency or to govern the organization and
procedure.
Sec. 11. Minnesota Statutes 1996, section 116.44,
subdivision 1, is amended to read:
Subdivision 1. [LIST OF AREAS.] By January 1, 1983, the
pollution control agency shall publish a preliminary list of
counties determined to contain natural resources sensitive to
the impacts of acid deposition. Sensitive areas shall be
designated on the basis of:
(a) the presence of plants and animal species which are
sensitive to acid deposition;
(b) geological information identifying those areas which
have insoluble bedrock which is incapable of adequately
neutralizing acid deposition; and
(c) existing acid deposition reports and data prepared by
the pollution control agency and the federal environmental
protection agency. The pollution control agency shall conduct
public meetings on the preliminary list of acid deposition
sensitive areas. Meetings shall be concluded by March 1, 1983,
and a final list published by May 1, 1983. The list shall not
be subject to the rulemaking or contested case provisions of
chapter 14.
Sec. 12. Minnesota Statutes 1996, section 123.3514,
subdivision 8, is amended to read:
Subd. 8. [TRANSPORTATION.] A parent or guardian of a pupil
enrolled in a course for secondary credit may apply to the
pupil's district of residence for reimbursement for transporting
the pupil between the secondary school in which the pupil is
enrolled or the pupil's home and the post-secondary institution
that the pupil attends. The commissioner shall establish
guidelines for providing state aid to districts to reimburse the
parent or guardian for the necessary transportation costs, which
shall be based on financial need. The reimbursement may not
exceed the pupil's actual cost of transportation or 15 cents per
mile traveled, whichever is less. Reimbursement may not be paid
for more than 250 miles per week. However, if the nearest
post-secondary institution is more than 25 miles from the
pupil's resident secondary school, the weekly reimbursement may
not exceed the reimbursement rate per mile times the actual
distance between the secondary school or the pupil's home and
the nearest post-secondary institution times ten. The state
shall pay aid to the district according to the guidelines
established under this subdivision. Chapter 14 does not apply
to the guidelines.
Sec. 13. Minnesota Statutes 1996, 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 Lola and Rudy Perpich Minnesota center for arts education
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 center for arts education.
(c) The board may receive and award grants. 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. The board shall adopt internal procedures to
administer and monitor aids and grants.
(d) The board may establish or coordinate evening,
continuing education, extension, and summer programs for
teachers and pupils.
(e) The board may identify pupils 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) an interdisciplinary academic and arts program for
pupils in the 11th and 12th grades. The total number of pupils
accepted under this clause and clause (2) shall not exceed 300;
(2) additional instruction to pupils for a 13th grade.
Pupils eligible for this instruction are those enrolled in 12th
grade who need extra instruction and who apply to the board, or
pupils enrolled in the 12th grade who do not meet learner
outcomes established by the board. Criteria for admission into
the 13th grade shall not be subject to chapter 14;
(3) intensive arts seminars for one or two weeks for pupils
in grades 9 to 12;
(4) summer arts institutes for pupils in grades 9 to 12;
(5) artist mentor and extension programs in regional sites;
and
(6) teacher education programs for indirect curriculum
delivery.
(g) The board may determine the location for the Lola and
Rudy Perpich Minnesota center for arts education and any
additional facilities related to the center, 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 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 children,
families, and learning 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 service cooperatives to provide supplemental
educational instruction and services.
(l) The board may provide or contract for services and
programs by and for the center for arts education, including a
store, operating in connection with the center; theatrical
events; and other programs and services that, in the
determination of the board, serve the purposes of the center.
(m) The board may provide for transportation of pupils to
and from the center for arts education 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
children, families, and learning 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 center for arts education. 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.
If the board provides room and board, it shall charge a
reasonable fee for the room and board. The fee is not subject
to chapter 14 and is not a prohibited fee according to sections
120.71 to 120.76.
(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. 14. Minnesota Statutes 1996, section 169.452, is
amended to read:
169.452 [ACCIDENT AND SERIOUS INCIDENT REPORTING.]
(a) The department commissioner of public safety shall
adopt rules to:
(1) develop uniform definitions of a school bus accident,
an incident of serious misconduct, and an incident that results
in personal injury or death. The department shall; and
(2) determine what type of information on school bus
accidents and incidents, including criminal conduct, and bus
driver dismissals for cause should be collected and.
(b) The commissioner shall develop a uniform accident and
incident reporting form to collect those data, including data
relating to type III vehicles, statewide. In addition to the
form, the department shall have an alternative method of
reporting that allows school districts to use computer
technology to provide the required information. School
districts shall report the information required by the
department using either format. A school district must not be
charged for reporting forms or reporting procedures under this
section. This paragraph is not subject to chapter 14.
(c) Data collected under this section shall be analyzed to
help develop accident, crime, and misconduct prevention
programs. This section is not subject to chapter 14.
Sec. 15. Minnesota Statutes 1996, section 216D.03,
subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT OF NOTIFICATION CENTER.] (a) The
notification center services must be provided by a nonprofit
corporation approved in writing by the commissioner. A group or
nonprofit corporation that intends to seek approval under this
paragraph shall notify the commissioner by September 1, 1987, of
the date, time, and location of its first meeting. The
commissioner shall provide advance notice of the first
organizational meeting by publication in qualified legal
newspapers and in appropriate trade journals and by written
notice to all appropriate trade associations. The nonprofit
corporation must be governed by a board of directors of up to 20
members, one of whom is the director of the office of pipeline
safety. The other board members must represent and be elected
by operators, excavators, and other persons eligible to
participate in the center. By November 1, 1987, the board
shall, with input from all interested parties, determine the
operating procedures and technology needed for a single
statewide notification center and establish a notification
process and competitive bidding procedure to select a vendor to
provide the notification service. In deciding to approve a
nonprofit corporation, the commissioner shall consider whether
it meets the requirements of this paragraph and whether it
demonstrates that it has the ability to contract for and
implement the notification center service.
(b) If the commissioner has not approved a nonprofit
corporation under paragraph (a) by January 1, 1988, the
commissioner shall follow the procedure in this paragraph. The
commissioner shall prepare a preliminary draft of adopt rules:
(1) establishing a notification process and competitive
bidding procedure for selecting a vendor to provide the
notification service;
(2) governing the operating procedures and technology
needed for a statewide notification center; and
(3) setting forth the method for assessing the cost of the
service among operators. After holding at least one public
hearing on the preliminary draft following notice given in the
manner required by paragraph (a), the commissioner shall adopt
final operating procedures, technology, and assessment methods.
The preliminary draft, public hearings, and final adoption are
not subject to chapter 14. By June 1, 1988,
(c) The commissioner shall select a vendor to provide the
notification center service. The commissioner shall may
advertise for bids as provided in section 16B.07, subdivision 3,
and base the selection of a vendor on an identification of the
lowest responsible bidder as provided in section 16B.09,
subdivision 1. The commissioner shall select and contract with
the vendor to provide the notification center service, but all
costs of the center must be paid by the operators. The
commissioner may at any time appoint a task force to advise on
the renewal of the contract or any other matter involving the
center's operations.
(c) The notification center must be in operation by October
1, 1988. (d) An operator may submit a bid and be selected to
contract to provide the notification center service under
paragraph (a) or (b) (c). The commissioner shall annually
review the services provided by the nonprofit corporation
approved under paragraph (a) or the vendor selected under
paragraph (b) (c).
Sec. 16. Minnesota Statutes 1996, section 245.494,
subdivision 1, is amended to read:
Subdivision 1. [CHILDREN'S CABINET.] The children's
cabinet, in consultation with the integrated fund task force,
shall:
(1) assist local children's mental health collaboratives in
meeting the requirements of sections 245.491 to 245.496, by
seeking consultation and technical assistance from national
experts and coordinating presentations and assistance from these
experts to local children's mental health collaboratives;
(2) assist local children's mental health collaboratives in
identifying an economically viable operational target
population;
(3) develop methods to reduce duplication and promote
coordinated services including uniform forms for reporting,
billing, and planning of services;
(4) by September 1, 1994, develop a model multiagency plan
of care that can be used by local children's mental health
collaboratives in place of an individual education plan,
individual family community support plan, individual family
support plan, and an individual treatment plan;
(5) assist in the implementation and operation of local
children's mental health collaboratives by facilitating the
integration of funds, coordination of services, and measurement
of results, and by providing other assistance as needed;
(6) by July 1, 1993, develop a procedure for awarding
start-up funds. Development of this procedure shall be exempt
from chapter 14;
(7) develop procedures and provide technical assistance to
allow local children's mental health collaboratives to integrate
resources for children's mental health services with other
resources available to serve children in the target population
in order to maximize federal participation and improve
efficiency of funding;
(8) (7) ensure that local children's mental health
collaboratives and the services received through these
collaboratives meet the requirements set out in sections 245.491
to 245.496;
(9) (8) identify base level funding from state and federal
sources across systems;
(10) (9) explore ways to access additional federal funds
and enhance revenues available to address the needs of the
target population;
(11) (10) develop a mechanism for identifying the state
share of funding for services to children in the target
population and for making these funds available on a per capita
basis for services provided through the local children's mental
health collaborative to children in the target population. Each
year beginning January 1, 1994, forecast the growth in the state
share and increase funding for local children's mental health
collaboratives accordingly;
(12) (11) identify barriers to integrated service systems
that arise from data practices and make recommendations
including legislative changes needed in the data practices act
to address these barriers; and
(13) (12) annually review the expenditures of local
children's mental health collaboratives to ensure that funding
for services provided to the target population continues from
sources other than the federal funds earned under sections
245.491 to 245.496 and that federal funds earned are spent
consistent with sections 245.491 to 245.496.
Sec. 17. Minnesota Statutes 1996, section 256.027, is
amended to read:
256.027 [USE OF VANS PERMITTED.]
The commissioner, after consultation with the commissioner
of public safety, shall prescribe procedures to permit the
occasional use of lift-equipped vans that have been financed, in
whole or in part, by public money to transport an individual
whose own lift-equipped vehicle is unavailable because of
equipment failure and who is thus unable to complete a trip home
or to a medical facility. For purposes of prescribing these
procedures, the commissioner is exempt from the provisions of
chapter 14. The commissioner shall encourage publicly financed
lift-equipped vans to be made available to a county sheriff's
department, and to other persons who are qualified to drive the
vans and who are also qualified to assist the individual in need
of transportation, for this purpose.
Sec. 18. Minnesota Statutes 1996, section 256.9357,
subdivision 3, is amended to read:
Subd. 3. [PERIOD UNINSURED.] To be eligible for subsidized
premium payments based on a sliding scale, families and
individuals initially enrolled in the MinnesotaCare program
under section 256.9354, subdivisions 4 and 5, must have had no
health coverage for at least four months prior to application.
The commissioner may change this eligibility criterion for
sliding scale premiums without complying with rulemaking
requirements in order to remain within the limits of available
appropriations. The requirement of at least four months of no
health coverage prior to application for the MinnesotaCare
program does not apply to:
(1) families, children, and individuals who want to apply
for the MinnesotaCare program upon termination from the medical
assistance program, general assistance medical care program, or
coverage under a regional demonstration project for the
uninsured funded under section 256B.73, the Hennepin county
assured care program, or the Group Health, Inc., community
health plan;
(2) families and individuals initially enrolled under
section 256.9354, subdivisions 1, paragraph (a), and 2;
(3) children enrolled pursuant to Laws 1992, chapter 549,
article 4, section 17; or
(4) individuals currently serving or who have served in the
military reserves, and dependents of these individuals, if these
individuals: (i) reapply for MinnesotaCare coverage after a
period of active military service during which they had been
covered by the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS); (ii) were covered under
MinnesotaCare immediately prior to obtaining coverage under
CHAMPUS; and (iii) have maintained continuous coverage.
Sec. 19. Minnesota Statutes 1996, section 256.9685,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The commissioner shall
establish procedures for determining medical assistance and
general assistance medical care payment rates under a
prospective payment system for inpatient hospital services in
hospitals that qualify as vendors of medical assistance. The
commissioner shall establish, by rule, procedures for
implementing this section and sections 256.9686, 256.969, and
256.9695. The medical assistance payment rates must be based on
methods and standards that the commissioner finds are adequate
to provide for the costs that must be incurred for the care of
recipients in efficiently and economically operated hospitals.
Services must meet the requirements of section 256B.04,
subdivision 15, or 256D.03, subdivision 7, paragraph (b), to be
eligible for payment. except the commissioner may establish
exemptions to specific requirements based on diagnosis,
procedure, or service after notice in the State Register and a
30-day comment period.
Sec. 20. Minnesota Statutes 1996, section 256.969,
subdivision 3a, is amended to read:
Subd. 3a. [PAYMENTS.] Acute care hospital billings under
the medical assistance program must not be submitted until the
recipient is discharged. However, the commissioner shall
establish monthly interim payments for inpatient hospitals that
have individual patient lengths of stay over 30 days regardless
of diagnostic category. To establish interim rates, the
commissioner is exempt from the requirements of chapter 14.
Medical assistance reimbursement for treatment of mental illness
shall be reimbursed based on diagnostic classifications. The
commissioner may selectively contract with hospitals for
services within the diagnostic categories relating to mental
illness and chemical dependency under competitive bidding when
reasonable geographic access by recipients can be assured. No
physician shall be denied the privilege of treating a recipient
required to use a hospital under contract with the commissioner,
as long as the physician meets credentialing standards of the
individual hospital. Individual hospital payments established
under this section and sections 256.9685, 256.9686, and
256.9695, in addition to third party and recipient liability,
for discharges occurring during the rate year shall not exceed,
in aggregate, the charges for the medical assistance covered
inpatient services paid for the same period of time to the
hospital. This payment limitation shall be calculated
separately for medical assistance and general assistance medical
care services. The limitation on general assistance medical
care shall be effective for admissions occurring on or after
July 1, 1991. Services that have rates established under
subdivision 11 or 12, must be limited separately from other
services. After consulting with the affected hospitals, the
commissioner may consider related hospitals one entity and may
merge the payment rates while maintaining separate provider
numbers. The operating and property base rates per admission or
per day shall be derived from the best Medicare and claims data
available when rates are established. The commissioner shall
determine the best Medicare and claims data, taking into
consideration variables of recency of the data, audit
disposition, settlement status, and the ability to set rates in
a timely manner. The commissioner shall notify hospitals of
payment rates by December 1 of the year preceding the rate
year. The rate setting data must reflect the admissions data
used to establish relative values. Base year changes from 1981
to the base year established for the rate year beginning January
1, 1991, and for subsequent rate years, shall not be limited to
the limits ending June 30, 1987, on the maximum rate of increase
under subdivision 1. The commissioner may adjust base year
cost, relative value, and case mix index data to exclude the
costs of services that have been discontinued by the October 1
of the year preceding the rate year or that are paid separately
from inpatient services. Inpatient stays that encompass
portions of two or more rate years shall have payments
established based on payment rates in effect at the time of
admission unless the date of admission preceded the rate year in
effect by six months or more. In this case, operating payment
rates for services rendered during the rate year in effect and
established based on the date of admission shall be adjusted to
the rate year in effect by the hospital cost index.
Sec. 21. Minnesota Statutes 1996, section 273.112,
subdivision 6a, is amended to read:
Subd. 6a. The commissioner of revenue shall develop and
issue guidelines for qualification by private golf clubs under
this section covering the access to and use of the golf course
by members and other adults so as to be consistent with the
purposes and terms of this section. The guidelines shall be
mailed to the county attorney and assessor of each county not
later than 60 days following May 26, 1989. Within 15 days of
receipt of the guidelines from the commissioner, the assessor
shall mail a copy of the guidelines to each golf club in the
county. The guidelines issued under this subdivision are not
subject to the administrative procedure act under chapter 14.
Sec. 22. Minnesota Statutes 1996, section 299F.093,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES; RULES.] (a) The commissioner shall:
(1) adopt rules no later than July 1, 1987, with the advice
of the hazardous substance notification advisory committee,
establishing the form and content of the hazardous substance
notification report form, as required by section 299F.094, and
describing one or more hazard categories with specified ranges
of quantities in each hazard category, representing increments
of substantially increased risk;
(2) print and provide to individual fire departments the
requested number of hazardous substance notification reports,
which must be made available to a fire department no more than
90 days following its request, for the fire department to mail
or otherwise make available to employers in the jurisdiction;
(3) report to the legislature, as needed, on the
effectiveness of sections 299F.091 to 299F.099 and recommend
amendments to sections 299F.091 to 299F.099 that are considered
necessary;
(4) adopt rules to implement sections 299F.091 to 299F.099,
compatible with the Minnesota Uniform Fire Code so as to not
limit the authority of local fire officials under that code; and
(5) adopt rules that are based on the most recent standard
704, adopted by the National Fire Protection Association, and
that allow a fire department to require employers within its
jurisdiction to post signs conforming to standard 704, and
indicating the presence of hazardous substances. If the signs
are required, a fire department shall supply the signs or
provide information to assist an employer to obtain them.
(b) The commissioner shall adopt criteria and guidelines,
with the concurrence of the hazardous substance notification
advisory committee, for the disbursement of funds pursuant to
Laws 1986, First Special Session chapter 1, article 10, section
20, subdivision 1. These criteria and guidelines are exempt
from the Minnesota administrative procedure act.
Sec. 23. Minnesota Statutes 1996, section 624.22,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS; PERMIT;
INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 shall do not
prohibit the supervised display of fireworks by a statutory or
home rule charter city, fair association, amusement park, or
other organization, except that:
(1) a fireworks display may be conducted only when
supervised by an operator certified by the state fire marshal;
and
(2) a fireworks display must either be given by a
municipality or fair association within its own limits, or by
any other organization, whether public or private, only after a
permit for the display has first been secured.
(b) Every An application for such a permit shall must be
made in writing to the municipal clerk at least 15 days in
advance of the date of the display and shall must list the name
of an operator who (1) is certified by the state fire marshal
and (2) will supervise the display. The application shall must
be promptly referred to the chief of the fire department, who
shall make an investigation to determine whether the operator of
the display is competent and is certified by the state fire
marshal, and whether the display is of such a character and is
to be so located, discharged, or fired that it will not be
hazardous to property or endanger any person. The fire chief
shall report the results of this investigation to the clerk. If
the fire chief reports that the operator is certified, that in
the chief's opinion the operator is competent, and that the
fireworks display as planned will conform to the safety
guidelines of the state fire marshal provided for in paragraph
(e), the clerk shall issue a permit for the display when the
applicant pays a permit fee.
(c) When the supervised fireworks display for which a
permit is sought is to be held outside the limits of an
incorporated municipality, the application shall must be made to
the county auditor, and the auditor shall perform duties imposed
by sections 624.20 to 624.25 upon the clerk of the
municipality shall be performed in such case by the county
auditor. When an application is made to the auditor, the county
sheriff shall perform the duties imposed on the fire chief of
the municipality by sections 624.20 to 624.25 shall be performed
in such case by the county sheriff.
(d) After such a permit shall have has been granted, sales,
possession, use and distribution of fireworks for such a display
shall be are lawful for that purpose only. No A permit so
granted shall be is not transferable.
(e) By January 1, 1996, The state fire marshal shall adopt
and disseminate to political subdivisions reasonable rules
establishing guidelines on fireworks display safety, which are
exempt from chapter 14, that are consistent with sections 624.20
to 624.25 and the most recent editions of the Minnesota Uniform
Fire Code and the National Fire Protection Association
Standards, to insure that fireworks displays are given safely.
In the guidelines, the state fire marshal shall allow political
subdivisions to exempt the use of relatively safe fireworks for
theatrical special effects, ceremonial occasions, and other
limited purposes, as determined by the state fire marshal.
Sec. 24. Laws 1988, chapter 688, article 21, section 7,
subdivision 1, is amended to read:
Subdivision 1. [REVOLVING LOAN FUND.] $1,000,000 is
appropriated from the general fund to the commissioner of
agriculture to be credited to a revolving loan account for
low-interest loans to farmers to adopt sustainable agriculture
practices. Money in the account does not cancel but is
appropriated to the commissioner of agriculture to make
low-interest loans to farmers under this subdivision.
Notwithstanding chapter 14, The commissioner shall prescribe
procedures for application and implementation of the program.
Sec. 25. Laws 1991, chapter 265, article 4, section 28, is
amended to read:
Sec. 28. [COMMISSIONER OF EDUCATION TO ESTABLISH
ELIGIBILITY STANDARDS.]
The commissioner of education shall establish standards to
determine the eligibility of an individual to take a GED test at
a reduced cost. The standards shall be established without
rulemaking under Minnesota Statutes, chapter 14. The standards
shall include the following:
(1) the individual shall have resided in Minnesota at least
90 days;
(2) the individual is not currently enrolled in a program
leading to a high school diploma; and
(3) the individual shall not take more than three tests at
a reduced cost.
Sec. 26. [EFFECT OF ELIMINATION OF EXEMPTION AUTHORITY.]
The elimination of rulemaking exemption authority in this
article does not affect the validity of agency statements of
general applicability and future effect adopted before the
effective date of this section to implement or make specific the
law enforced or administered by the agency or to govern its
organization or procedure.
Sec. 27. [REPEALER.]
Minnesota Statutes 1996, section 126.56, subdivision 8, is
repealed.
Sec. 28. [EFFECTIVE DATE.]
This article is effective June 30, 1997.
ARTICLE 2
EXEMPTIONS ELIMINATED; COVERAGE UNDER GENERIC EXEMPTIONS
Section 1. Minnesota Statutes 1996, section 17.03,
subdivision 10, is amended to read:
Subd. 10. [GIFTS; PUBLICATION FEES; ADVERTISING;
APPROPRIATION.] (a) The commissioner may accept for and on
behalf of the state any gift, bequest, devise, grant, or
interest in money or personal property of any kind tendered to
the state for any purpose pertaining to the activities of the
department of agriculture or any of its divisions.
(b) The commissioner may charge a fee for reports,
publications, or other promotional or informational material
produced by the department of agriculture. The commissioner may
solicit and accept advertising revenue for any departmental
publications or promotional materials.
(c) The fees collected by the commissioner under this
section are to recover all or part of the costs of providing
services for which the fees are paid. These fees are not
subject to chapter 14 or section 16A.1285.
(d) Money received by the commissioner for these activities
may be credited to one or more special accounts in the state
treasury. Money in those special accounts is annually
appropriated to the commissioner to provide the services for
which the money was received.
Sec. 2. Minnesota Statutes 1996, section 62N.23, is
amended to read:
62N.23 [TECHNICAL ASSISTANCE; LOANS.]
(a) The commissioner shall provide technical assistance to
parties interested in establishing or operating a community
integrated service network or an integrated service network.
This shall be known as the integrated service network technical
assistance program (ISNTAP).
The technical assistance program shall offer seminars on
the establishment and operation of community integrated service
networks or integrated service networks in all regions of
Minnesota. The commissioner shall advertise these seminars in
local and regional newspapers, and attendance at these seminars
shall be free.
The commissioner shall write a guide to establishing and
operating a community integrated service network or an
integrated service network. The guide must provide basic
instructions for parties wishing to establish a community
integrated service network or an integrated service network.
The guide must be provided free of charge to interested
parties. The commissioner shall update this guide when
appropriate.
The commissioner shall establish a toll-free telephone line
that interested parties may call to obtain assistance in
establishing or operating a community integrated service network
or an integrated service network.
(b) The commissioner shall grant loans for organizational
and start-up expenses to entities forming community integrated
service networks or integrated service networks, or to networks
less than one year old, to the extent of any appropriation for
that purpose. The commissioner shall allocate the available
funds among applicants based upon the following criteria, as
evaluated by the commissioner within the commissioner's
discretion:
(1) the applicant's need for the loan;
(2) the likelihood that the loan will foster the formation
or growth of a network; and
(3) the likelihood of repayment.
The commissioner shall determine any necessary application
deadlines and forms and is exempt from rulemaking in doing so.
Sec. 3. Minnesota Statutes 1996, 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 Lola and Rudy Perpich Minnesota center for arts education
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 center for arts education.
(c) The board may receive and award grants. 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. The board shall adopt internal procedures to
administer and monitor aids and grants.
(d) The board may establish or coordinate evening,
continuing education, extension, and summer programs for
teachers and pupils.
(e) The board may identify pupils 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) an interdisciplinary academic and arts program for
pupils in the 11th and 12th grades. The total number of pupils
accepted under this clause and clause (2) shall not exceed 300;
(2) additional instruction to pupils for a 13th grade.
Pupils eligible for this instruction are those enrolled in 12th
grade who need extra instruction and who apply to the board, or
pupils enrolled in the 12th grade who do not meet learner
outcomes established by the board. Criteria for admission into
the 13th grade shall not be subject to chapter 14;
(3) intensive arts seminars for one or two weeks for pupils
in grades 9 to 12;
(4) summer arts institutes for pupils in grades 9 to 12;
(5) artist mentor and extension programs in regional sites;
and
(6) teacher education programs for indirect curriculum
delivery.
(g) The board may determine the location for the Lola and
Rudy Perpich Minnesota center for arts education and any
additional facilities related to the center, 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 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 children,
families, and learning 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 service cooperatives to provide supplemental
educational instruction and services.
(l) The board may provide or contract for services and
programs by and for the center for arts education, including a
store, operating in connection with the center; theatrical
events; and other programs and services that, in the
determination of the board, serve the purposes of the center.
(m) The board may provide for transportation of pupils to
and from the center for arts education 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
children, families, and learning 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 center for arts education. 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.
If the board provides room and board, it shall charge a
reasonable fee for the room and board. The fee is not subject
to chapter 14 and is not a prohibited fee according to sections
120.71 to 120.76.
(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. 4. Minnesota Statutes 1996, section 147A.26, is
amended to read:
147A.26 [PROCEDURES.]
The board shall establish, in writing, internal operating
procedures for receiving and investigating complaints, accepting
and processing applications, granting registrations, and
imposing enforcement actions. The written internal operating
procedures may include procedures for sharing complaint
information with government agencies in this and other states.
Establishment of the operating procedures are not subject to
rulemaking procedures under chapter 14. Procedures for sharing
complaint information must be consistent with the requirements
for handling government data under chapter 13.
Sec. 5. Minnesota Statutes 1996, section 148B.66,
subdivision 3, is amended to read:
Subd. 3. [EXCHANGING INFORMATION.] (a) The office of
mental health practice shall establish internal operating
procedures for:
(1) exchanging information with state boards; agencies,
including the office of ombudsman for mental health and mental
retardation; health related and law enforcement facilities;
departments responsible for licensing health related
occupations, facilities, and programs; and law enforcement
personnel in this and other states; and
(2) coordinating investigations involving matters within
the jurisdiction of more than one regulatory agency.
Establishment of the operating procedures is not subject to
rulemaking under chapter 14.
(b) The procedures for exchanging information must provide
for the forwarding to the entities described in paragraph (a),
clause (1), of information and evidence, including the results
of investigations, that are relevant to matters within the
regulatory jurisdiction of the organizations in paragraph (a).
The data have the same classification in the hands of the agency
receiving the data as they have in the hands of the agency
providing the data.
(c) The office of mental health practice shall establish
procedures for exchanging information with other states
regarding disciplinary action against licensed and unlicensed
mental health practitioners.
(d) The office of mental health practice shall forward to
another governmental agency any complaints received by the
office that do not relate to the office's jurisdiction but that
relate to matters within the jurisdiction of the other
governmental agency. The agency to which a complaint is
forwarded shall advise the office of mental health practice of
the disposition of the complaint. A complaint or other
information received by another governmental agency relating to
a statute or rule that the office of mental health practice is
empowered to enforce must be forwarded to the office to be
processed in accordance with this section.
(e) The office of mental health practice shall furnish to a
person who made a complaint a description of the actions of the
office relating to the complaint.
Sec. 6. Minnesota Statutes 1996, section 148C.03,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner shall, after
consultation with the advisory council or a subcommittee or the
special licensing criteria committee established under section
148C.11, subdivision 3, paragraph (b):
(a) adopt and enforce rules for licensure of alcohol and
drug counselors, including establishing standards and methods of
determining whether applicants and licensees are qualified under
section 148C.04. The rules must provide for examinations and
establish standards for the regulation of professional conduct.
The rules must be designed to protect the public;
(b) hold or contract for the administration of examinations
at least twice a year to assess applicants' knowledge and
skills. The examinations must be written and oral and may be
administered by the commissioner or by a private organization
under contract with the commissioner to administer the licensing
examinations. Examinations must minimize cultural bias and must
be balanced in various theories relative to practice of alcohol
and drug counseling;
(c) issue licenses to individuals qualified under sections
148C.01 to 148C.11;
(d) issue copies of the rules for licensure to all
applicants;
(e) adopt rules to establish and implement procedures,
including a standard disciplinary process and rules of
professional conduct;
(f) carry out disciplinary actions against licensees;
(g) establish, with the advice and recommendations of the
advisory council, written internal operating procedures for
receiving and investigating complaints and for taking
disciplinary actions as appropriate. Establishment of the
operating procedures are not subject to rulemaking procedures
under chapter 14;
(h) educate the public about the existence and content of
the rules for alcohol and drug counselor licensing to enable
consumers to file complaints against licensees who may have
violated the rules;
(i) evaluate the rules in order to refine and improve the
methods used to enforce the commissioner's standards;
(j) set, collect, and adjust license fees for alcohol and
drug counselors so that the total fees collected will as closely
as possible equal anticipated expenditures during the biennium,
as provided in section 16A.1285; fees for initial and renewal
application and examinations; late fees for counselors who
submit license renewal applications after the renewal deadline;
and a surcharge fee. The surcharge fee must include an amount
necessary to recover, over a five-year period, the
commissioner's direct expenditures for the adoption of the rules
providing for the licensure of alcohol and drug counselors. All
fees received shall be deposited in the state treasury and
credited to the special revenue fund; and
(k) prepare reports on activities related to the licensure
of alcohol and drug counselors according to this subdivision by
October 1 of each even-numbered year. Copies of the reports
shall be delivered to the legislature in accordance with section
3.195 and to the governor. The reports shall contain the
following information on the commissioner's activities relating
to the licensure of alcohol and drug counselors, for the
two-year period ending the previous June 30:
(1) a general statement of the activities;
(2) the number of staff hours spent on the activities;
(3) the receipts and disbursements of funds;
(4) the names of advisory council members and their
addresses, occupations, and dates of appointment and
reappointment;
(5) the names and job classifications of employees;
(6) a brief summary of rules proposed or adopted during the
reporting period with appropriate citations to the State
Register and published rules;
(7) the number of persons having each type of license
issued by the commissioner as of June 30 in the year of the
report;
(8) the locations and dates of the administration of
examinations by the commissioner;
(9) the number of persons examined by the commissioner with
the persons subdivided into groups showing age categories, sex,
and states of residency;
(10) the number of persons licensed by the commissioner
after taking the examinations referred to in clause (8) with the
persons subdivided by age categories, sex, and states of
residency;
(11) the number of persons not licensed by the commissioner
after taking the examinations referred to in clause (8) with the
persons subdivided by age categories, sex, and states of
residency;
(12) the number of persons not taking the examinations
referred to in clause (8) who were licensed by the commissioner
or who were denied licensing, the reasons for the licensing or
denial, and the persons subdivided by age categories, sex, and
states of residency;
(13) the number of persons previously licensed by the
commissioner whose licenses were revoked, suspended, or
otherwise altered in status with brief statements of the reasons
for the revocation, suspension, or alteration;
(14) the number of written and oral complaints and other
communications received by the commissioner which allege or
imply a violation of a statute or rule which the commissioner is
empowered to enforce;
(15) a summary, by specific category, of the substance of
the complaints and communications referred to in clause (14)
and, for each specific category, the responses or dispositions;
and
(16) any other objective information which the commissioner
believes will be useful in reviewing the commissioner's
activities.
Sec. 7. Minnesota Statutes 1996, section 153A.15,
subdivision 3, is amended to read:
Subd. 3. [PROCEDURES.] The commissioner shall establish,
in writing, internal operating procedures for receiving and
investigating complaints and imposing enforcement actions. The
written internal operating procedures may include procedures for
sharing complaint information with government agencies in this
and other states. Establishment of the operating procedures are
not subject to rulemaking procedures under chapter 14.
Procedures for sharing complaint information must be consistent
with the requirements for handling government data under chapter
13.
Sec. 8. Minnesota Statutes 1996, section 169.99,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER PRESCRIBES FORM.] The commissioner
of public safety shall prescribe the detailed form of the
uniform traffic ticket, and shall revise the uniform ticket on
such subsequent occasions as necessary and proper to keep the
uniform ticket in conformity with state and federal law. The
rulemaking provisions of chapter 14 do not apply to this
subdivision.
Sec. 9. Minnesota Statutes 1996, section 244.13,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The commissioner of
corrections shall establish programs for those designated by the
commissioner to serve all or part of a sentence on intensive
community supervision or all or part of a supervised release or
parole term on intensive supervised release. The adoption and
modification of policies and procedures to implement sections
244.05, subdivision 6, and 244.12 to 244.15 are not subject to
the rulemaking procedures of chapter 14 because these policies
and procedures are excluded from the definition of a rule under
section 14.03, clause (2). The commissioner shall locate the
programs so that at least one-half of the money appropriated for
the programs in each year is used for programs in community
corrections act counties. In awarding contracts for intensive
supervision programs in community corrections act counties, the
commissioner shall give first priority to programs that utilize
county employees as intensive supervision agents and shall give
second priority to programs that utilize state employees as
intensive supervision agents. The commissioner may award
contracts to other providers in community corrections act
counties only if doing so will result in a significant cost
savings or a significant increase in the quality of services
provided, and only after notifying the chairs of the committees
in the senate and house of representatives with jurisdiction
over criminal justice policy.
Sec. 10. Minnesota Statutes 1996, section 518.14,
subdivision 2, is amended to read:
Subd. 2. [ENFORCEMENT OF CHILD SUPPORT.] (a) A child
support obligee is entitled to recover from the obligor
reasonable attorney fees and other collection costs incurred to
enforce a child support judgment, as provided in this
subdivision. In order to recover collection costs under this
subdivision, the arrearages must be at least $500 and must be at
least 90 days past due. In addition, the arrearages must be a
docketed judgment under sections 548.09 and 548.091. If the
obligor pays in full the judgment rendered under section 548.091
within 20 days of receipt of notice of entry of judgment, the
obligee is not entitled to recover attorney fees or collection
costs under this subdivision.
(b) Written notice must be provided by any obligee
contracting with an attorney or collection entity to enforce a
child support judgment to the public authority responsible for
child support enforcement, if the public authority is a party or
provides services to a party, within five days of signing a
contract for services and within five days of receipting any
payments received on a child support judgment. Attorney fees
and collection costs obtained under this subdivision are
considered child support and entitled to the applicable remedies
for collection and enforcement of child support.
(c) The obligee shall serve notice of the obligee's intent
to recover attorney fees and collections costs by certified or
registered mail on the obligor at the obligor's last known
address. The notice must include an itemization of the attorney
fees and collection costs being sought by the obligee and inform
the obligor that the fees and costs will become an additional
judgment for child support unless the obligor requests a hearing
on the reasonableness of the fees and costs or to contest the
child support judgment on grounds limited to mistake of fact
within 20 days of mailing of the notice.
(d) If the obligor requests a hearing, the only issues to
be determined by the court are whether the attorney fees or
collection costs were reasonably incurred by the obligee for the
enforcement of a child support judgment against the obligor or
the validity of the child support judgment on grounds limited to
mistake of fact. The fees and costs may not exceed 30 percent
of the arrearages. The court may modify the amount of attorney
fees and costs as appropriate and shall enter judgment
accordingly.
(e) If the obligor fails to request a hearing within 20
days of mailing of the notice under paragraph (a), the amount of
the attorney fees or collection costs requested by the obligee
in the notice automatically becomes an additional judgment for
child support.
(f) The commissioner of human services shall prepare and
make available to the court and the parties forms for use in
providing for notice and requesting a hearing under this
subdivision. The rulemaking provisions of chapter 14 do not
apply to the forms.
Sec. 11. Minnesota Statutes 1996, section 518.611,
subdivision 9, is amended to read:
Subd. 9. [FORMS.] The commissioner of human services shall
prepare and make available to courts and obligors a form to be
submitted by the obligor in support of a motion to deny
withholding under this section. The rulemaking provisions of
chapter 14 shall not apply to the preparation of the form.
Sec. 12. Minnesota Statutes 1996, section 518.613,
subdivision 6, is amended to read:
Subd. 6. [NOTICE OF SERVICES.] The department of human
services shall prepare and make available to the courts a form
notice of child support and maintenance collection services
available through the public authority responsible for child
support enforcement, including automatic income withholding
under this section. Promptly upon the filing of a petition for
dissolution of marriage or legal separation by parties who have
a minor child, the court administrator shall send the form
notice to the petitioner and respondent at the addresses given
in the petition. The rulemaking provisions of chapter 14 shall
not apply to the preparation of the form notice.
Sec. 13. Minnesota Statutes 1996, section 518.64,
subdivision 5, is amended to read:
Subd. 5. [FORM.] The department of human services shall
prepare and make available to courts, obligors and persons to
whom child support is owed a form to be submitted by the obligor
or the person to whom child support is owed in support of a
motion for a modification of an order for support or maintenance
or for contempt of court. The rulemaking provisions of chapter
14 shall not apply to the preparation of the form.
Sec. 14. Minnesota Statutes 1996, section 518.641,
subdivision 4, is amended to read:
Subd. 4. [FORM.] The department of human services shall
prepare and make available to the court and obligors a form to
be submitted to the department by the obligor in support of a
request for hearing under this section regarding a child support
order. The rulemaking provisions of chapter 14 shall not apply
to the preparation of the form.
Sec. 15. Minnesota Statutes 1996, section 624.7151, is
amended to read:
624.7151 [STANDARDIZED FORMS.]
By December 1, 1992, the commissioner of public safety
shall adopt statewide standards governing the form and contents,
as required by sections 624.7131 to 624.714, of every
application for a pistol transferee permit, pistol transferee
permit, report of transfer of a pistol, application for a permit
to carry a pistol, and permit to carry a pistol that is granted
or renewed on or after January 1, 1993. The adoption of these
standards is not subject to the rulemaking provisions of chapter
14.
Every application for a pistol transferee permit, pistol
transferee permit, report of transfer of a pistol, application
for a permit to carry a pistol, and permit to carry a pistol
that is received, granted, or renewed by a police chief or
county sheriff on or after January 1, 1993, must meet the
statewide standards adopted by the commissioner of public safety.
Notwithstanding the previous sentence, neither failure of the
department of public safety to adopt standards nor failure of
the police chief or county sheriff to meet them shall delay the
timely processing of applications nor invalidate permits issued
on other forms meeting the requirements of sections 624.7131 to
624.714.
Sec. 16. [EFFECT OF AMENDMENTS OR REPEALS.]
The agency actions in this article are exempt from
rulemaking under Minnesota Statutes, section 14.03, subdivision
3, clause (1), or section 16A.1285. An agency need not comply
with rulemaking procedures in Minnesota Statutes, chapter 14, in
order to take actions affected by the amendments and repeals in
this article.
Sec. 17. [EFFECTIVE DATE.]
This article is effective June 30, 1997.
ARTICLE 3
EXEMPTIONS THAT ARE NOT RULES
Section 1. Minnesota Statutes 1996, section 16A.632,
subdivision 2, is amended to read:
Subd. 2. [STANDARDS.] Article XI, section 5, clause (a),
of the constitution states general obligation bonds may be
issued to finance only the acquisition or betterment of state
land, buildings, and improvements of a capital nature. In
interpreting this and applying it to the purposes of the program
contemplated in this section, the following standards are
adopted for the disbursement of money from the capital asset
preservation and replacement account:
(a) No new land, buildings, or major new improvements will
be acquired. These projects, including all capital expenditures
required to permit their effective use for the intended purpose
on completion, will be estimated and provided for individually
through a direct appropriation for each project.
(b) An expenditure will be made from the account only when
it is a capital expenditure on a capital asset previously owned
by the state, within the meaning of accepted accounting
principles as applied to public expenditures. The commissioner
of administration will consult with the commissioner of finance
to the extent necessary to ensure this and will furnish the
commissioner of finance a list of projects to be financed from
the account in order of their priority. The commissioner shall
also furnish each revision of the list. The legislature assumes
that many provisions for preservation and replacement of
portions of existing capital assets will constitute betterments
and capital improvements within the meaning of the constitution
and capital expenditures under correct accounting principles,
and will be financed more efficiently and economically under the
program than by direct appropriations for specific projects.
However, the purpose of the program is to accumulate data
showing how additional costs may be saved by appropriating money
from the general fund for preservation measures, the necessity
of which is predictable over short periods.
(c) The commissioner of administration will furnish
instructions to agencies to apply for funding of capital
expenditures for preservation and replacement from the account,
will review applications, will make initial allocations among
types of eligible projects enumerated below, will determine
priorities, and will allocate money in priority order until the
available appropriation has been committed. Under section
14.02, subdivision 4, these instructions and allocations do not
constitute rules and the other provisions of chapter 14 do not
apply to them.
(d) Categories of projects considered likely to be most
needed and appropriate for financing are the following:
(1) unanticipated emergencies of all kinds, for which a
relatively small amount should be initially reserved, replaced
from money allocated to low-priority projects, if possible, as
emergencies occur, and used for stabilization rather than
replacement if the cost would exhaust the account and should be
specially appropriated;
(2) projects to remove life safety hazards, like
replacement of mechanical systems, building code violations, or
structural defects, at costs not large enough to require major
capital requests to the legislature;
(3) elimination or containment of hazardous substances like
asbestos or PCBs; and
(4) moderate cost replacement and repair of roofs, windows,
tuckpointing, and structural members necessary to preserve the
exterior and interior of existing buildings.
Sec. 2. Minnesota Statutes 1996, section 16B.18,
subdivision 3, is amended to read:
Subd. 3. [RULES.] Rules under this section may provide a
procedure by which the commissioner shall determine product
specifications, quality standards, and timing of delivery to be
complied with by the sheltered workshop and work activity
program boards on purchases made under this section. The list
to be prepared pursuant to subdivision 1 shall not be
promulgated as a rule.
Sec. 3. Minnesota Statutes 1996, section 16D.11,
subdivision 7, is amended to read:
Subd. 7. [ADJUSTMENT OF RATE.] By June 1 of each year, the
commissioner of finance shall determine the rate of the penalty
for debts referred to the enterprise during the next fiscal
year. The rate is a percentage of the debts in an amount that
most nearly equals the costs of the enterprise necessary to
process and collect referred debts under this chapter. In no
event shall the rate of the penalty when a debt is first
referred exceed three-fifths of the maximum penalty, and in no
event shall the rate of the maximum penalty exceed 25 percent of
the debt. Determination of the rate of the penalty under this
section is not rulemaking under chapter 14, and is not subject
to the fee setting requirements of section 16A.1285.
Sec. 4. Minnesota Statutes 1996, section 17.54,
subdivision 4, is amended to read:
Subd. 4. [ELECTION.] Upon receipt of the nominations the
commissioner shall promptly arrange an election to be held at
places designated by the commissioner reasonably convenient to
all producers in the organized area and provide notice of the
election to all of the media having a general circulation in the
organized area. Ballots setting forth the names of the
nominated candidates and providing for write-in candidates shall
be made available at all polling places. Only producers of the
agricultural commodity involved shall be qualified to vote.
General polling procedures shall be established by the
commissioner by rule pursuant to chapter 14 to avoid voting by
other than qualified producers, but the selection of specific
polling places shall not be subject to chapter 14. An impartial
committee appointed by the commissioner shall tabulate the
votes, and the candidates receiving the most votes shall be
declared elected to the first council.
After the first council for a commodity is elected, an
election shall be held annually to elect members of the council.
The election shall be held in the same manner as prescribed for
the first council election except that the manner of choosing
nominating committee members, the time of nominations and the
time and place of elections shall be fixed by the commissioner.
Mail balloting may be permitted by the commissioner.
Sec. 5. Minnesota Statutes 1996, section 17.56,
subdivision 2, is amended to read:
Subd. 2. [HEARINGS.] The commissioner, after consultation
with the council, shall hold public hearings on the proposed
promotional order in areas and at times affording reasonable
opportunities for producers to attend. These hearings shall not
be subject to the administrative procedure act of chapter 14.
After such hearings and after consultation with the council, the
commissioner shall determine whether or not the promotional
order shall be amended, modified or supplemented. If changes or
additions of substance are made, commissioner shall hold public
hearings on the amended or supplemented promotional order.
Sec. 6. Minnesota Statutes 1996, section 17.57,
subdivision 1, is amended to read:
Subdivision 1. [ADOPTION OF RULES.] Each council shall at
its regular meetings adopt rules consistent with sections 17.51
to 17.69 for the administration of the promotional order. These
rules are not subject to the administrative procedure act of
chapter 14.
Sec. 7. Minnesota Statutes 1996, section 17.64,
subdivision 2, is amended to read:
Subd. 2. [BY REFERENDUM.] Upon petition of the same number
of producers as required to initiate the promotional order, the
commissioner shall within 60 days conduct a referendum to
determine whether or not the promotional order shall be
continued. The commissioner shall terminate the order at the
end of the current marketing year if a majority of the producers
voting in the referendum vote in favor of termination. The
petition of producers shall include a statement certifying that
the signatures are those of qualified producers of the commodity
involved. The commissioner shall not conduct a referendum for
termination of a promotional order if a referendum for
termination of the same promotional order has been conducted
within the preceding year. A hearing for a termination of an
order need not be held as provided in chapter 14.
Sec. 8. Minnesota Statutes 1996, section 48.221, is
amended to read:
48.221 [RESERVES.]
A state bank or trust company shall maintain reserves in
the form of liquid assets at a level reasonably necessary to
meet anticipated withdrawals, commitments, and loan demand.
Reserves shall be in cash, cash items in process of collection,
short term obligations of or demand balances with other insured
financial institutions in the United States and its territories,
or short term, direct obligations of or guaranteed by the United
States government. Obligations must mature within one year to
be considered short term. The commissioner may prescribe the
required amount of reserves in relation to liabilities for any
individual state bank or trust company from time to time based
upon examination findings or other reports relating to the bank
or trust company that are available to the commissioner. The
determination by the commissioner of a required amount of
reserves for an institution shall not be considered a rule as
defined by section 14.02, subdivision 4. Reserves for an
individual state bank or trust company as prescribed by the
commissioner pursuant to this section shall be enforced in
accordance with sections 46.24 and 46.30 to 46.33.
Sec. 9. Minnesota Statutes 1996, section 50.175,
subdivision 2, is amended to read:
Subd. 2. [RESERVES.] A savings bank shall maintain
reserves in the form of liquid assets at a level reasonably
necessary to meet anticipated withdrawals, commitments, and loan
demand. Reserves shall be in cash, cash items in process of
collection, short term obligations of or demand balances with
other insured financial institutions in the United States and
its territories, or short term, direct obligations of or
guaranteed by the United States government. Obligations must
mature within one year to be considered short term. The
commissioner may prescribe the required amount of reserves in
relation to liabilities for any individual savings bank from
time to time based upon examination findings or other reports
relating to the savings bank that are available to the
commissioner. The determination by the commissioner of a
required amount of reserves for a savings bank shall not be
considered a rule as defined by section 14.02, subdivision 4.
Reserves for an individual savings bank as prescribed by the
commissioner pursuant to this section shall be enforced in
accordance with sections 46.24 and 46.30 to 46.33.
Sec. 10. Minnesota Statutes 1996, section 51A.361, is
amended to read:
51A.361 [RESERVES.]
An association shall maintain reserves in the form of
liquid assets, as defined in section 51A.02, subdivision 34, at
a level reasonably necessary to meet anticipated withdrawals,
commitments, and loan demand. The commissioner of commerce may
prescribe the required amount of reserves for any individual
association from time to time based upon examination findings or
other reports relating to the association that are available to
the commissioner. The determination by the commissioner of a
required amount of reserves for an association shall not be
considered a rule as defined by section 14.02, subdivision 4.
Reserves for an individual association as prescribed by the
commissioner pursuant to this section shall be enforced in
accordance with sections 46.24 and 46.30 to 46.33.
Sec. 11. Minnesota Statutes 1996, section 52.17,
subdivision 2, is amended to read:
Subd. 2. [REQUIRED LIQUIDITY.] Every credit union shall
maintain a reserve in the form of liquid assets at a level
reasonably necessary to meet anticipated withdrawals,
commitments, and loan demand. Reserves must be in cash and
balances due from solvent banks or which may be, in whole or in
part, in short term obligations guaranteed as to principal and
interest by the United States government or in certificates of
deposit of a federally insured bank or in a passbook or other
account in a federally insured savings association or in
balances due from the Minnesota corporate credit union or ICU
services corporation or United States central credit union. The
commissioner of commerce may prescribe the required amount of
reserves for any individual credit union from time to time based
upon examination findings or other reports relating to the
credit union that are available to the commissioner. The
determination by the commissioner of a required amount of
reserves for a credit union shall not be considered a rule as
defined by section 14.02, subdivision 4. Reserves for an
individual credit union as prescribed by the commissioner
pursuant to this section shall be enforced in accordance with
sections 46.24 and 46.30 to 46.33.
Sec. 12. Minnesota Statutes 1996, section 53.07,
subdivision 1, is amended to read:
Subdivision 1. [LIQUIDITY REQUIREMENT.] An industrial loan
and thrift company shall maintain reserves in the form of liquid
assets at a level reasonably necessary to meet anticipated
withdrawals, commitments, and loan demand. Reserves shall be in
cash, cash items in process of collection, short term
obligations of or demand balances with other insured financial
institutions in the United States and its territories, or short
term, direct obligations of or guaranteed by the United States
government. Obligations must mature within one year to be
considered short term. The commissioner may prescribe the
required amount of reserves in relation to liabilities for an
individual industrial loan and thrift company from time to time
based upon examination findings or other reports relating to the
industrial loan and thrift company that are available to the
commissioner. The determination by the commissioner of a
required amount of reserves for an industrial loan and thrift
company shall not be considered a rule as defined by section
14.02, subdivision 4. Reserves for an individual industrial
loan and thrift company as prescribed by the commissioner
pursuant to this section shall be enforced in accordance with
sections 46.24 and 46.30 to 46.33.
Sec. 13. Minnesota Statutes 1996, section 60A.13,
subdivision 6, is amended to read:
Subd. 6. [COMPANY OR AGENT CANNOT CONTINUE BUSINESS UNLESS
STATEMENT IS FILED.] No company shall transact any new business
in this state after May 31 in any year unless it shall have
previously transmitted its annual statement to the commissioner
and filed a copy of its statement with the National Association
of Insurance Commissioners. The commissioner may by order
annually require that each insurer pay the required fee to the
National Association of Insurance Commissioners for the filing
of annual statements, but the fee shall not be more than 50
percent greater than the fee set by the National Association of
Insurance Commissioners. Failure to file the annual statement
with the commissioner or the National Association of Insurance
Commissioners is a violation of section 72A.061, subdivision 1.
The fee shall be based on the relative premium volume of each
insurer. The commissioner's order shall not be subject to
chapter 14.
Sec. 14. Minnesota Statutes 1996, section 60K.19,
subdivision 6, is amended to read:
Subd. 6. [POWERS OF THE COMMISSIONER.] (a) The
commissioner shall make the final determination as to
accreditation and assignment of credit hours for courses.
(b) The commissioner shall adopt procedures for reporting
compliance with the minimum education requirement. These
procedures are not subject to the rulemaking provisions of
chapter 14.
(c) The commissioner shall promulgate rules according to
chapter 14 to carry out the purposes of this section.
Sec. 15. Minnesota Statutes 1996, section 61B.21,
subdivision 1, is amended to read:
Subdivision 1. [FUNCTIONS.] The Minnesota life and health
insurance guaranty association shall perform its functions under
the plan of operation established and approved under section
61B.25, and shall exercise its powers through a board of
directors. The association is not a state agency for purposes
of chapter 14, 16A, 16B, or 43A. For purposes of administration
and assessment, the association shall establish and maintain two
accounts:
(1) the life insurance and annuity account which includes
the following subaccounts:
(i) the life insurance account;
(ii) the annuity account; and
(iii) the unallocated annuity account; and
(2) the health insurance account.
Sec. 16. Minnesota Statutes 1996, section 62J.152,
subdivision 4, is amended to read:
Subd. 4. [TECHNOLOGY EVALUATION PROCESS.] (a) The health
technology advisory committee shall collect and evaluate studies
and research findings on the technologies selected for
evaluation from as wide of a range of sources as needed,
including, but not limited to: federal agencies or other units
of government, international organizations conducting health
care technology assessments, health carriers, insurers,
manufacturers, professional and trade associations, nonprofit
organizations, and academic institutions. The health technology
advisory committee may use consultants or experts and solicit
testimony or other input as needed to evaluate a specific
technology.
(b) When the evaluation process on a specific technology
has been completed, the health technology advisory committee
shall submit a preliminary report to the health care commission
and publish a summary of the preliminary report in the State
Register with a notice that written comments may be submitted.
The preliminary report must include the results of the
technology assessment evaluation, studies and research findings
considered in conducting the evaluation, and the health
technology advisory committee's summary statement about the
evaluation. Any interested persons or organizations may submit
to the health technology advisory committee written comments
regarding the technology evaluation within 30 days from the date
the preliminary report was published in the State Register. The
health technology advisory committee's final report on its
technology evaluation must be submitted to the health care
commission. A summary of written comments received by the
health technology advisory committee within the 30-day period
must be included in the final report. The health care
commission shall review the final report and prepare its
comments and recommendations. Before completing its final
comments and recommendations, the health care commission shall
provide adequate public notice that testimony will be accepted
by the health care commission. The health care commission shall
then forward the final report, its comments and recommendations,
and a summary of the public's comments to the commissioner and
information clearinghouse.
(c) The reports of the health technology advisory committee
and the comments and recommendations of the health care
commission should not eliminate or bar new technology, and are
not rules as defined in the administrative procedure act.
Sec. 17. Minnesota Statutes 1996, section 62L.13,
subdivision 3, is amended to read:
Subd. 3. [EXEMPTIONS.] The association, its transactions,
and all property owned by it are exempt from taxation under the
laws of this state or any of its subdivisions, including, but
not limited to, income tax, sales tax, use tax, and property
tax. The association may seek exemption from payment of all fees
and taxes levied by the federal government. Except as otherwise
provided in this chapter, the association is not subject to the
provisions of chapters 13, 14, 60A, 62A to 62H, and section
471.705. The association is not a public employer and is not
subject to the provisions of chapters 179A and 353. The board
of directors and health carriers who are members of the
association are exempt from sections 325D.49 to 325D.66 in the
performance of their duties as directors and members of the
association.
Sec. 18. Minnesota Statutes 1996, section 65B.28,
subdivision 3, is amended to read:
Subd. 3. [REFRESHER COURSE.] The department of public
safety, in consultation with other traffic safety and medical
professionals, may establish without rulemaking a refresher
course for persons who have completed the original course under
subdivision 2. The refresher course shall be no more than four
hours, and based on the curriculum established under subdivision
2. The department of public safety shall establish criteria for
and approve training agencies or organizations authorized to
conduct the refresher course.
Sec. 19. Minnesota Statutes 1996, section 79.34,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONS REQUIRING MEMBERSHIP.] The
nonprofit association known as the workers' compensation
reinsurance association may be incorporated under chapter 317A
with all the powers of a corporation formed under that chapter,
except that if the provisions of that chapter are inconsistent
with sections 79.34 to 79.40, sections 79.34 to 79.40 govern.
Each insurer as defined by section 79.01, subdivision 2, shall,
as a condition of its authority to transact workers'
compensation insurance in this state, be a member of the
reinsurance association and is bound by the plan of operation of
the reinsurance association; provided, that all affiliated
insurers within a holding company system as defined in chapter
60D are considered a single entity for purposes of the exercise
of all rights and duties of membership in the reinsurance
association. Each self-insurer approved under section 176.181
and each political subdivision that self-insures shall, as a
condition of its authority to self-insure workers' compensation
liability in this state, be a member of the reinsurance
association and is bound by its plan of operation; provided that:
(1) all affiliated companies within a holding company
system, as determined by the commissioner of labor and industry
in a manner consistent with the standards and definitions in
chapter 60D, are considered a single entity for purposes of the
exercise of all rights and duties of membership in the
reinsurance association; and
(2) all group self-insurers granted authority to
self-insure pursuant to section 176.181 are considered single
entities for purposes of the exercise of all the rights and
duties of membership in the reinsurance association. As a
condition of its authority to self-insure workers' compensation
liability, and for losses incurred after December 31, 1983, the
state is a member of the reinsurance association and is bound by
its plan of operation. The commissioner of employee relations
represents the state in the exercise of all the rights and
duties of membership in the reinsurance association. The state
treasurer shall pay the premium to the reinsurance association
from the state compensation revolving fund upon warrants of the
commissioner of employee relations, except that the University
of Minnesota shall pay its portion of workers' compensation
reinsurance premiums directly to the workers' compensation
reinsurance association. For the purposes of this section,
"state" means the administrative branch of state government, the
legislative branch, the judicial branch, the University of
Minnesota, and any other entity whose workers' compensation
liability is paid from the state revolving fund. The
commissioner of finance may calculate, prorate, and charge a
department or agency the portion of premiums paid to the
reinsurance association for employees who are paid wholly or in
part by federal funds, dedicated funds, or special revenue
funds. The reinsurance association is not a state agency.
Actions of the reinsurance association and its board of
directors and actions of the commissioner of labor and industry
with respect to the reinsurance association are not subject to
chapters 13, 14, and 15. All property owned by the association
is exempt from taxation. The reinsurance association is not
obligated to make any payments or pay any assessments to any
funds or pools established pursuant to this chapter or chapter
176 or any other law.
Sec. 20. Minnesota Statutes 1996, section 79.34,
subdivision 2a, is amended to read:
Subd. 2a. [DEFICIENCY.] If the board determines that a
distribution of excess surplus resulted in inadequate funds
being available to pay claims that arose during the period upon
which that distribution was calculated, the board shall
determine the amount of the deficiency. The deficiency shall be
made up by imposing an assessment rate against self-insured
members and policyholders of insurer members. The board shall
notify the commissioner of commerce of the amount of the
deficiency and recommend an assessment rate. The commissioner
shall order an assessment at a rate and for the time period
necessary to eliminate the deficiency. The assessment rate
shall be applied to the exposure base of self-insured employers
and insured employers. The assessment may not be retroactive
and applies only prospectively. The assessment may be spread
over a period of time that will cause the least financial
hardship to employers. All assessments under this subdivision
are payable to the association. The commissioner may issue
orders necessary to administer this section. The orders are not
rules subject to chapter 14.
Sec. 21. Minnesota Statutes 1996, section 79.362, is
amended to read:
79.362 [WORKERS' COMPENSATION REINSURANCE ASSOCIATION
EXCESS SURPLUS DISTRIBUTION.]
An order of the commissioner of the department of labor and
industry relating to the distribution of excess surplus of the
workers' compensation reinsurance association shall be reviewed
by the commissioner of commerce. The commissioner of commerce
may amend, approve, or reject an order or issue further orders
to accomplish the purposes of section 79.361 and Laws 1993,
chapter 361, section 2. The commissioner may not change the
amount of the distribution ordered by the commissioner of labor
and industry without agreement of the commissioner of labor and
industry. An order of the commissioner of commerce under this
section is not subject to chapter 14.
Sec. 22. Minnesota Statutes 1996, section 85.045,
subdivision 3, is amended to read:
Subd. 3. [AGREEMENTS.] (a) The commissioner shall enter
into informal agreements with business and civic groups or
individuals for volunteer services to maintain and make
improvements to real and personal property in state parks,
monuments, historic sites, and trails in accordance with plans
devised by the commissioner after consultation with the groups.
(b) The commissioner may erect appropriate signs to
recognize and express appreciation to groups and individuals
providing volunteer services under the adopt-a-park program.
(c) The commissioner may provide assistance to enhance the
comfort and safety of volunteers and to facilitate the
implementation and administration of the adopt-a-park program.
(d) This section is not subject to chapter 14.
Sec. 23. Minnesota Statutes 1996, section 97A.085,
subdivision 4a, is amended to read:
Subd. 4a. [HEARING REQUIRED.] Before designating a game
refuge under this section, the commissioner must hold a public
hearing within the county where the majority of the proposed
game refuge exists. Notices of the time and place of the
hearing must be posted in five conspicuous places within the
proposed game refuge at least 15 days before the hearing. A
notice of the hearing must be published in a legal newspaper in
each county where the area is located at least seven days before
the hearing. Designation of a game refuge under this section is
not subject to chapter 14.
Sec. 24. Minnesota Statutes 1996, section 116O.05,
subdivision 3, is amended to read:
Subd. 3. [RULES.] The corporation is not subject to
chapter 14, but must publish in the State Register any
guidelines, policies, rules, or eligibility criteria prepared or
adopted by the corporation for any of its financial or
technology transfer programs.
Sec. 25. Minnesota Statutes 1996, section 171.321,
subdivision 2, is amended to read:
Subd. 2. [RULES.] (a) The commissioner of public safety
shall prescribe rules governing the physical qualifications of
school bus drivers and tests required to obtain a school bus
endorsement. The rules must provide that an applicant for a
school bus endorsement or renewal is exempt from the physical
qualifications and medical examination required to operate a
school bus upon providing evidence of being medically examined
and certified within the preceding 24 months as physically
qualified to operate a commercial motor vehicle, pursuant to
Code of Federal Regulations, title 49, part 391, subpart E, or
rules of the commissioner of transportation incorporating those
federal regulations.
(b) The commissioner of public safety, in conjunction with
the commissioner of economic security, shall adopt rules
prescribing a training program for Head Start bus
drivers. Adoption of this program is not subject to chapter
14. The program must provide for initial classroom and
behind-the-wheel training, and annual in-service training. The
program must provide training in defensive driving, human
relations, emergency and accident procedures, vehicle
maintenance, traffic laws, and use of safety equipment. The
program must provide that the training will be conducted by the
contract operator for a Head Start agency, the Head Start
grantee, a licensed driver training school, or by another person
or entity approved by both commissioners.
Sec. 26. Minnesota Statutes 1996, section 176.102,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATORS.] The commissioner shall hire a
director of rehabilitation services in the classified service.
The commissioner shall monitor and supervise rehabilitation
services, including, but not limited to, making determinations
regarding the selection and delivery of rehabilitation services
and the criteria used to approve qualified rehabilitation
consultants and rehabilitation vendors. The commissioner may
also make determinations regarding fees for rehabilitation
services and shall by rule establish a fee schedule or otherwise
limit fees charged by qualified rehabilitation consultants and
vendors. The commissioner shall annually review the fees and
give notice of any adjustment in the State Register. An annual
adjustment is not subject to chapter 14. By March 1, 1993, the
commissioner shall report to the legislature on the status of
the commission's monitoring of rehabilitation services. The
commissioner may hire qualified personnel to assist in the
commissioner's duties under this section and may delegate the
duties and performance.
Sec. 27. Minnesota Statutes 1996, section 176A.08, is
amended to read:
176A.08 [EXEMPTION FROM AND APPLICABILITY OF CERTAIN LAWS.]
The fund shall not be considered a state agency for any
purpose including, but not limited to, chapters 13, 14, 15, 15A,
and 43A. However, the fund shall be subject to sections 179A.01
to 179A.25. The insurance operations of the fund are subject to
all of the provisions of chapters 60A and 60B. The commissioner
of commerce has the same powers with respect to the board as the
commissioner has with respect to a private workers' compensation
insurer under chapters 60A and 60B. The fund is considered an
insurer for the purposes of chapters 60C, 72A, 79, and 176. The
fund is subject to the same tax liability as a mutual insurance
company in this state pursuant to section 60A.15. As a
condition of its authority to transact business in this state
the fund shall be a member of the workers' compensation
reinsurance association and is bound by its plan of operation.
Sec. 28. Minnesota Statutes 1996, section 240A.02,
subdivision 2, is amended to read:
Subd. 2. [MEETINGS.] The commission shall meet at least
quarterly and at other times determined by the commission and
shall adopt rules, without regard to chapter 14, governing its
proceedings.
Sec. 29. Minnesota Statutes 1996, section 256B.431,
subdivision 2e, is amended to read:
Subd. 2e. [CONTRACTS FOR SERVICES FOR VENTILATOR DEPENDENT
PERSONS.] The commissioner may contract with a nursing facility
eligible to receive medical assistance payments to provide
services to a ventilator dependent person identified by the
commissioner according to criteria developed by the
commissioner, including:
(1) nursing facility care has been recommended for the
person by a preadmission screening team;
(2) the person has been assessed at case mix classification
K;
(3) the person has been hospitalized for at least six
months and no longer requires inpatient acute care hospital
services; and
(4) the commissioner has determined that necessary services
for the person cannot be provided under existing nursing
facility rates.
The commissioner may issue a request for proposals to
provide services to a ventilator dependent person to nursing
facilities eligible to receive medical assistance payments and
shall select nursing facilities from among respondents according
to criteria developed by the commissioner, including:
(1) the cost-effectiveness and appropriateness of services;
(2) the nursing facility's compliance with federal and
state licensing and certification standards; and
(3) the proximity of the nursing facility to a
ventilator-dependent person identified by the commissioner who
requires nursing facility placement.
The commissioner may negotiate an adjustment to the
operating cost payment rate for a nursing facility selected by
the commissioner from among respondents to the request for
proposals. The negotiated adjustment must reflect only the
actual additional cost of meeting the specialized care needs of
a ventilator-dependent person identified by the commissioner for
whom necessary services cannot be provided under existing
nursing facility rates and which are not otherwise covered under
Minnesota Rules, parts 9549.0010 to 9549.0080 or 9505.0170 to
9505.0475. The negotiated payment rate must not exceed 200
percent of the highest multiple bedroom payment rate for a
Minnesota nursing facility, as initially established by the
commissioner for the rate year for case mix classification K.
The negotiated adjustment shall not affect the payment rate
charged to private paying residents under the provisions of
section 256B.48, subdivision 1. The negotiated adjustment paid
pursuant to this paragraph is specifically exempt from the
definition of "rule" and the rulemaking procedures required by
chapter 14 and section 256B.502.
Sec. 30. Minnesota Statutes 1996, section 325F.665,
subdivision 6, is amended to read:
Subd. 6. [ALTERNATIVE DISPUTE SETTLEMENT MECHANISM.] (a)
Any manufacturer doing business in this state, entering into
franchise agreements for the sale of its motor vehicles in this
state, or offering express warranties on its motor vehicles sold
or distributed for sale in this state shall operate, or
participate in, an informal dispute settlement mechanism located
in the state of Minnesota which complies with the provisions of
the Code of Federal Regulations, title 16, part 703, and the
requirements of this section. The provisions of subdivision 3
concerning refunds or replacement do not apply to a consumer who
has not first used this mechanism before commencing a civil
action, unless the manufacturer allows a consumer to commence an
action without first using this mechanism.
(b) An informal dispute settlement mechanism provided for
by this section shall, at the time a request for arbitration is
made, provide to the consumer and to each person who will
arbitrate the consumer's dispute, information about this section
as approved and directed by the attorney general, in
consultation with interested parties. The informal dispute
settlement mechanism shall permit the parties to present or
submit any arguments based on this section and shall not
prohibit or discourage the consideration of any such arguments.
In developing and approving information about this section as
provided herein, the attorney general is not subject to the
rulemaking provisions of chapter 14.
(c) If, in an informal dispute settlement mechanism, it is
decided that a consumer is entitled to a replacement vehicle or
refund under subdivision 3, then any refund or replacement
offered by the manufacturer or selected by a consumer shall
include and itemize all amounts authorized by subdivision 3. If
the amount of excise tax refunded is not separately stated, or
if the manufacturer does not apply for a refund of the tax
within one year of the return of the motor vehicle, the
department of public safety may refund the excise tax, as
determined under subdivision 3, paragraph (h), directly to the
consumer and lienholder, if any, as their interests appear on
the records of the registrar of motor vehicles.
(d) No documents shall be received by any informal dispute
settlement mechanism unless those documents have been provided
to each of the parties in the dispute at or prior to the
mechanism's meeting, with an opportunity for the parties to
comment on the documents either in writing or orally. If a
consumer is present during the informal dispute settlement
mechanism's meeting, the consumer may request postponement of
the mechanism's meeting to allow sufficient time to review any
documents presented at the time of the meeting which had not
been presented to the consumer prior to the meeting.
(e) The informal dispute settlement mechanism shall allow
each party to appear and make an oral presentation in the state
of Minnesota unless the consumer agrees to submit the dispute
for decision on the basis of documents alone or by telephone, or
unless the party fails to appear for an oral presentation after
reasonable prior written notice. If the consumer agrees to
submit the dispute for decision on the basis of documents alone,
then manufacturer or dealer representatives may not participate
in the discussion or decision of the dispute.
(f) Consumers shall be given an adequate opportunity to
contest a manufacturer's assertion that a nonconformity falls
within intended specifications for the vehicle by having the
basis of the manufacturer's claim appraised by a technical
expert selected and paid for by the consumer prior to the
informal dispute settlement hearing.
(g) Where there has been a recent attempt by the
manufacturer to repair a consumer's vehicle, but no response has
yet been received by the informal dispute mechanism from the
consumer as to whether the repairs were successfully completed,
the parties must be given the opportunity to present any
additional information regarding the manufacturer's recent
repair attempt before any final decision is rendered by the
informal dispute settlement mechanism. This provision shall not
prejudice a consumer's rights under this section.
(h) If the manufacturer knows that a technical service
bulletin directly applies to the specific mechanical problem
being disputed by the consumer, then the manufacturer shall
provide the technical service bulletin to the consumer at
reasonable cost. The mechanism shall review any such technical
service bulletins submitted by either party.
(i) A consumer may be charged a fee to participate in an
informal dispute settlement mechanism required by this section,
but the fee may not exceed the conciliation court filing fee in
the county where the arbitration is conducted.
(j) Any party to the dispute has the right to be
represented by an attorney in an informal dispute settlement
mechanism.
(k) The informal dispute settlement mechanism has all the
evidence-gathering powers granted an arbitrator under section
572.14.
(l) A decision issued in an informal dispute settlement
mechanism required by this section may be in writing and signed.
Sec. 31. Minnesota Statutes 1996, section 346.58, is
amended to read:
346.58 [DOGS AND CATS; BEST MANAGEMENT STANDARDS FOR CARE
BY DEALERS, COMMERCIAL BREEDERS, AND BROKERS.]
The commissioner of agriculture shall consult with
interested persons, including but not limited to persons
representing dog and cat dealers, breeders, and brokers, the
Minnesota federated humane society, the Minnesota council for
dog clubs, the American dog owners association, the board of
animal health, the Minnesota purebred dog breeders association,
the Minnesota citizens for animal care, the United States
Department of Agriculture, and the Minnesota veterinary medical
association. The commissioner shall issue an order containing
best management standards of care for dogs and cats by dealers,
commercial breeders, and brokers. These standards are not
subject to chapter 14. The commissioner shall urge dealers,
commercial breeders, and brokers to follow the standards issued
in the order.
Sec. 32. Minnesota Statutes 1996, section 347.51,
subdivision 2a, is amended to read:
Subd. 2a. [WARNING SYMBOL.] If a county issues a
certificate of registration to the owner of a dangerous dog
pursuant to subdivision 2, the county must provide, for posting
on the owner's property, a copy of a warning symbol to inform
children that there is a dangerous dog on the property. The
design of the warning symbol must be uniform and specified by
the commissioner of public safety, after consultation with
animal control professionals. The design specification process
is exempt from rulemaking under chapter 14 and is exempt from
section 14.38. The commissioner shall provide the number of
copies of the warning symbol requested by each county and shall
charge the county the actual cost of the warning symbols
received. The county may charge the registrant a reasonable fee
to cover its administrative costs and the cost of the warning
symbol.
Sec. 33. [EFFECT OF AMENDMENTS OR REPEALS.]
The exemptions in this article are eliminated because the
entity is not subject to Minnesota Statutes, chapter 14, or the
agency action is not a rule. The agency or other entity need
not comply with chapter 14, in order to take actions affected by
the amendments and repeals in this article.
Sec. 34. [REPEALER.]
Minnesota Statutes 1996, sections 469.173, subdivision 2;
and 469.308, subdivision 2, are repealed.
Sec. 35. [EFFECTIVE DATE.]
This article is effective June 30, 1997.
ARTICLE 4
EXEMPTIONS RETAINED BUT AMENDED
Section 1. Minnesota Statutes 1996, section 16A.641,
subdivision 4, is amended to read:
Subd. 4. [SALE AND ISSUANCE.] State bonds must be sold and
issued upon sealed bids in the manner and on the terms and
conditions determined by the commissioner in accordance with the
laws authorizing them and subject to the approval of the
attorney general, but not subject to chapter 14, including
section 14.386. For each series, in addition to provisions
required by subdivision 3, the commissioner may determine:
(1) the time, place, and notice of sale and method of
comparing bids;
(2) the price, not less than par for highway bonds;
(3) the principal amount and date of issue;
(4) the interest rates and payment dates;
(5) the maturity amounts and dates, not more than 20 years
from the date of issue, subject to subdivision 5;
(6) the terms, if any, on which the bonds may or must be
redeemed before maturity, including notice, times, and
redemption prices; and
(7) the form of the bonds and the method of execution,
delivery, payment, registration, conversion, and exchange, in
accordance with section 16A.672.
Sec. 2. Minnesota Statutes 1996, section 16A.671,
subdivision 5, is amended to read:
Subd. 5. [TERMS.] The commissioner may establish by order
with the approval of the attorney general, but not subject to
chapter 14, including section 14.386, the terms of each series
of certificates of indebtedness including:
(1) the manner of sale under subdivision 6;
(2) the price, principal amount, and date of issue;
(3) the interest rate or rates and payment dates, or the
basis of computation of a variable rate;
(4) the maturity date or dates, within the current biennium
except as provided in subdivision 10;
(5) the terms, if any, of redemption before maturity;
(6) the form and method of execution, delivery, payment,
registration, conversion, and exchange, under section 16A.672.
Sec. 3. Minnesota Statutes 1996, section 62J.61, is
amended to read:
62J.61 [RULEMAKING; IMPLEMENTATION.]
Subdivision 1. [EXEMPTION.] The commissioner of health is
exempt from rulemaking chapter 14, including section 14.386, in
implementing sections 62J.50 to 62J.54, subdivision 3, and
62J.56 to 62J.59.
Subd. 2. [PROCEDURE.] (a) The commissioner shall publish
proposed rules in the State Register or, if the commissioner
determines that publishing the text of the proposed rules would
be unduly cumbersome, shall publish notice of the proposed rules
that contains a detailed description of the rules along with a
statement that a free copy of the entire set of rules is
available upon request to the agency.
(b) Interested parties have 30 days to comment on the
proposed rules. After the commissioner has considered all
comments, the commissioner shall publish the final rules notice
in the State Register that the rules have been adopted 30 days
before they are to take effect.
(c) If the adopted rules are the same as the proposed
rules, the notice shall state that the rules have been adopted
as proposed and shall cite the prior publication. If the
adopted rules differ from the proposed rules, the portions of
the adopted rules which differ from the proposed rules shall be
included in the notice of adoption together with a citation to
the prior State Register that contained the notice of the
proposed rules.
(d) The commissioner may use emergency and permanent
rulemaking to implement the remainder of this article.
Subd. 3. [RESTRICTIONS.] The commissioner shall not adopt
any rules requiring patients to provide their social security
numbers unless and until federal laws are modified to allow or
require such action nor shall the commissioner adopt rules which
allow medical records, claims, or other treatment or clinical
data to be included on the health care identification card,
except as specifically provided in this chapter.
Subd. 4. [PATIENT PRIVACY.] The commissioner shall seek
comments from the ethics and confidentiality committee of the
Minnesota health data institute and the department of
administration, public information policy analysis division,
before adopting or publishing final rules relating to issues of
patient privacy and medical records.
Subd. 5. [BIENNIAL REVIEW OF RULEMAKING PROCEDURES AND
RULES.] The commissioner shall biennially seek comments from
affected parties about the effectiveness of and continued need
for the rulemaking procedures set out in subdivision 2 and about
the quality and effectiveness of rules adopted using these
procedures. The commissioner shall seek comments by holding a
meeting and by publishing a notice in the State Register that
contains the date, time, and location of the meeting and a
statement that invites oral or written comments. The notice
must be published at least 30 days before the meeting date. The
commissioner shall write a report summarizing the comments and
shall submit the report to the Minnesota health data institute
and to the Minnesota administrative uniformity committee by
January 15 of every even-numbered year.
Sec. 4. Minnesota Statutes 1996, section 124.648,
subdivision 3, is amended to read:
Subd. 3. [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.]
(a) The commissioner shall:
(1) encourage all districts to participate in the school
milk program for kindergartners;
(2) prepare program guidelines, not subject to chapter
14 until July 1, 1998, which will effectively and efficiently
distribute appropriated and donated money to participating
districts; and
(3) seek donations and matching funds from appropriate
private and public sources.
(b) Program guidelines may provide for disbursement to
districts through a mechanism of prepayments or by reimbursement
for approved program expenses.
(c) It is suggested that the benefits of the school milk
program may reach the largest number of kindergarten students if
districts are allowed to submit annual bids stating the
per-serving level of support that would be acceptable to the
district for their participation in the program. The
commissioner would review all bids received and approve bids in
sufficient number and value to maximize the provision of milk to
kindergarten students consistent with available funds.
Sec. 5. Minnesota Statutes 1996, section 128C.02,
subdivision 4, is amended to read:
Subd. 4. [RULES ARE APA EXEMPT.] The rules of the league
are exempt from sections 14.02, 14.04 to 14.28, 14.38, 14.44 to
14.45, and 14.57 to 14.62 chapter 14, including section 14.386.
Sec. 6. [128C.03] [PROCEDURES.]
The league shall adopt procedures to ensure public notice
of all eligibility rules and policies that will afford the
opportunity for public hearings on proposed eligibility rules.
If requested by 100 or more parents or guardians of students,
the public hearing must be conducted by an administrative law
judge from the office of administrative hearings, by a person
hired under contract by the office of administrative hearings,
or by an independent hearing officer appointed by the
commissioner of children, families, and learning from a list
maintained for that purpose. At the conclusion of a hearing
requested by 100 or more parents or guardians of students, the
person conducting the hearing shall write a report evaluating
the extent to which the league has shown that the proposed rule
is needed and reasonable and the legality of the proposed rule.
The league shall pay for hearings under this section.
Sec. 7. Minnesota Statutes 1996, section 245A.09,
subdivision 10, is amended to read:
Subd. 10. [RULEMAKING PROCESS; COMMISSIONER EXEMPTED.]
When developing, making, adopting, and issuing interpretive
guidelines under the authority granted under subdivision 8, the
commissioner is exempt from the rulemaking provisions of chapter
14 until July 1, 1998.
Sec. 8. Minnesota Statutes 1996, section 256B.434,
subdivision 12, is amended to read:
Subd. 12. [CONTRACTS ARE VOLUNTARY.] Participation of
nursing facilities in the alternative payment demonstration
project is voluntary. The terms and procedures governing the
alternative payment demonstration project are determined under
this section and through negotiations between the commissioner
and nursing facilities that have submitted a letter of intent to
participate in the alternative demonstration project. For
purposes of developing requests for proposals and contract
requirements, and negotiating the terms, conditions, and
requirements of contracts the commissioner is exempt from the
rulemaking requirements in chapter 14 until December 31, 2000.
Sec. 9. Minnesota Statutes 1996, section 474A.17, is
amended to read:
474A.17 [ADMINISTRATIVE PROCEDURE ACT NOT APPLICABLE.]
Chapter 14 shall, including section 14.386, does not apply
to actions taken by any state agency or entity under this
chapter.
Sec. 10. [REPORT.]
The world trade center corporation shall report to the
legislative coordinating commission, or another joint
legislative group established to review administrative rules, by
January 15, 1999, on the desirability of continuing the
corporation's exemption from Minnesota Statutes, chapter 14.
Sec. 11. [INITIAL REPORT.]
The first report required by Minnesota Statutes, section
62J.61, subdivision 5, is due by January 15, 1998.
Sec. 12. [EFFECTIVE DATE; APPLICATION.]
Sections 1 to 4 and 6 to 9 are effective June 30, 1997.
Section 5 is effective the day following final enactment. Rules
adopted before the effective date of section 5 remain in effect
until amended or repealed.
ARTICLE 5
RULEMAKING EXEMPTION PROCEDURES AND OTHER
CHANGES
Section 1. Minnesota Statutes 1996, section 3.305, is
amended by adding a subdivision to read:
Subd. 8. [RULE REVIEW.] Upon written request of two or
more of its members or five or more members of the legislature,
the legislative coordinating commission shall review a state
agency rule as defined in section 14.02, subdivision 4. The
commission may perform this review by holding one or more
commission meetings or by establishing a bicameral group as
provided in subdivision 6 to hold these meetings.
Sec. 2. Minnesota Statutes 1996, section 14.03,
subdivision 3, is amended to read:
Subd. 3. [RULEMAKING PROCEDURES.] (a) The definition of a
rule in section 14.02, subdivision 4, does not include:
(1) rules concerning only the internal management of the
agency or other agencies that do not directly affect the rights
of or procedures available to the public;
(2) an application deadline on a form; and the remainder of
a form and instructions for use of the form to the extent that
they do not impose substantive requirements other than
requirements contained in statute or rule;
(3) the curriculum adopted by an agency to implement a
statute or rule permitting or mandating minimum educational
requirements for persons regulated by an agency, provided the
topic areas to be covered by the minimum educational
requirements are specified in statute or rule;
(4) procedures for sharing data among government agencies,
provided these procedures are consistent with chapter 13 and
other law governing data practices.
(b) The definition of a rule in section 14.02, subdivision
4, does not include:
(1) rules of the commissioner of corrections relating to
the placement and supervision of inmates serving a supervised
release term, the internal management of institutions under the
commissioner's control, and rules adopted under section 609.105
governing the inmates of those institutions;
(3) (2) rules relating to weight limitations on the use of
highways when the substance of the rules is indicated to the
public by means of signs;
(4) (3) opinions of the attorney general;
(5) the systems architecture plan and long-range plan of
the state education management information system provided by
section 121.931;
(6) (4) the data element dictionary and the annual data
acquisition calendar of the department of children, families,
and learning to the extent provided by section 121.932;
(7) (5) the occupational safety and health standards
provided in section 182.655;
(8) (6) revenue notices and tax information bulletins of
the commissioner of revenue;
(9) (7) uniform conveyancing forms adopted by the
commissioner of commerce under section 507.09; or
(10) (8) the interpretive guidelines developed by the
commissioner of human services to the extent provided in chapter
245A.
Sec. 3. Minnesota Statutes 1996, section 14.03, is amended
by adding a subdivision to read:
Subd. 3a. [POLICY FOR FUTURE EXCLUSIONS.] The legislature
will consider granting further exemptions from the rulemaking
requirements of this chapter for rules that are necessary to
comply with a requirement in federal law or that are necessary
to avoid a denial of funds or services from the federal
government that would otherwise be available to the state.
Sec. 4. Minnesota Statutes 1996, section 14.386, is
amended to read:
14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.]
(a) A rule adopted, amended, or repealed by an agency,
under a statute enacted after January 1, 1997, authorizing or
requiring rules to be adopted but excluded from the rulemaking
provisions of chapter 14 or from the definition of a rule, has
the force and effect of law only if:
(1) the revisor of statutes approves the form of the rule
by certificate;
(2) the office of administrative hearings approves the rule
as to its legality within 14 days after the agency submits it
for approval and files two copies of the rule with the revisor's
certificate in the office of the secretary of state; and
(3) a copy is published by the agency in the State Register.
A statute enacted after January 1, 1997, authorizing or
requiring rules to be adopted but excluded from the rulemaking
provisions of chapter 14 or from the definition of a rule does
not excuse compliance with this section unless it makes specific
reference to this section.
(b) A rule adopted under this section is effective for a
period of two years from the date of publication of the rule in
the State Register. The authority for the rule expires at the
end of this two-year period.
(c) The chief administrative law judge shall adopt rules
relating to the rule approval duties imposed by this section and
section 14.388, including rules establishing standards for
review.
(d) This section does not apply to rules adopted, amended,
or repealed under section 14.388.
This section also does not apply to:
(1) rules implementing emergency powers pursuant to
sections 12.31 to 12.37;
(2) rules of agencies directly in the legislative or
judicial branches;
(3) rules of the regents of the University of Minnesota;
(4) rules of the department of military affairs;
(5) rules of the comprehensive health association provided
in section 62E.10;
(6) rules of the tax court provided by section 271.06;
(7) rules concerning only the internal management of the
agency or other agencies, and which do not directly affect the
rights of or procedure available to the public;
(8) rules of the commissioner of corrections relating to
the placement and supervision of inmates serving a supervised
release term, the internal management of institutions under the
commissioner's control, and rules adopted under section 609.105
governing the inmates of those institutions;
(9) rules relating to weight limitations on the use of
highways when the substance of the rules is indicated to the
public by means of signs;
(10) opinions of the attorney general;
(11) the systems architecture plan and long-range plan of
the state education management information system provided by
section 121.931;
(12) the data element dictionary and the annual data
acquisition calendar of the department of children, families,
and learning to the extent provided by section 121.932;
(13) the occupational safety and health standards provided
in section 182.655;
(14) revenue notices and tax information bulletins of the
commissioner of revenue;
(15) uniform conveyancing forms adopted by the commissioner
of commerce under section 507.09 any group or rule listed in
section 14.03, subdivisions 1 and 3, except as otherwise
provided by law;
(16) (2) game and fish rules of the commissioner of natural
resources adopted under section 84.027, subdivision 13, or
sections 97A.0451 to 97A.0459;
(17) (3) experimental and special management waters
designated by the commissioner of natural resources under
sections 97C.001 and 97C.005; or
(18) (4) game refuges designated by the commissioner of
natural resources under section 97A.085.
(e) If a statute provides that a rule is exempt from
chapter 14, and section 14.386 does not apply to the rule, the
rule has the force of law unless the context of the statute
delegating the rulemaking authority makes clear that the rule
does not have force of law.
Sec. 5. [14.389] [EXPEDITED PROCESS.]
Subdivision 1. [APPLICATION.] This section applies when a
law requiring or authorizing rules to be adopted states that
this section must or may be used to adopt the rules. When a law
refers to this section, the process in this section is the only
process an agency must follow for its rules to have the force
and effect of law. Sections 14.19 and 14.366 apply to rules
adopted under this section.
Subd. 2. [NOTICE AND COMMENT.] The agency must publish
notice of the proposed rule in the State Register and must mail
the notice to persons who have registered with the agency to
receive mailed notices. The mailed notice must include either a
copy of the proposed rule or a description of the nature and
effect of the proposed rule and a statement that a free copy is
available from the agency upon request. The notice in the State
Register must include the proposed rule or the amended rule in
the form required by the revisor under section 14.07, and a
citation to the most specific statutory authority for the rule,
including authority for the rule to be adopted under the process
in this section. The agency must allow 30 days after
publication in the State Register for comment on the rule.
Subd. 3. [ADOPTION.] The agency may modify a proposed rule
if the modifications do not result in a substantially different
rule, as defined in section 14.05, subdivision 2, paragraphs (b)
and (c). If the final rule is identical to the rule originally
published in the State Register, the agency must publish a
notice of adoption in the State Register. If the final rule is
different from the rule originally published in the State
Register, the agency must publish a copy of the changes in the
State Register. The rule is effective upon publication in the
State Register.
Subd. 4. [LEGAL REVIEW.] Before publication of the final
rule in the State Register, the agency must submit the rule to
an administrative law judge in the office of administrative
hearings. The administrative law judge shall within 14 days
approve or disapprove the rule as to its legality and its form
to the extent the form relates to legality.
Subd. 5. [OPTION.] A law authorizing or requiring rules to
be adopted under this section may refer specifically to this
subdivision. If the law contains a specific reference to this
subdivision, as opposed to a general reference to this section:
(1) the notice required in subdivision 2 must include a
statement that a public hearing will be held if 100 or more
people request a hearing. The request must be in the manner
specified in section 14.25; and
(2) if 100 or more people submit a written request for a
public hearing, the agency may adopt the rule only after
complying with all of the requirements of chapter 14 for rules
adopted after a public hearing.
Sec. 6. Minnesota Statutes 1996, section 14.47,
subdivision 1, is amended to read:
Subdivision 1. [PLAN OF PUBLICATION AND SUPPLEMENTATION.]
The revisor of statutes shall:
(1) formulate a plan for the compilation of all permanent
agency rules and, to the extent practicable, other rules,
adopted pursuant to the administrative procedure act or filed
pursuant to the provisions of section 14.38, subdivisions 5 to 9
or section 14.386 which were in effect at the time the rules
were filed or subdivision 11, including their order,
classification, arrangement, form, and indexing, and any
appropriate tables, annotations, cross references, citations to
applicable statutes, explanatory notes, and other appropriate
material to facilitate use of the rules by the public, and for
the compilation's composition, printing, binding, and
distribution;
(2) publish the compilation of permanent agency rules and,
if practicable, other rules, adopted pursuant to the
administrative procedure act or filed pursuant to the provisions
of section 14.38, subdivisions 5 to 9 or section 14.386 which
were in effect at the time the rules were filed or subdivision
11, which shall be called "Minnesota Rules";
(3) periodically either publish a supplement or a new
compilation, which includes all rules adopted since the last
supplement or compilation was published and removes rules
incorporated in prior compilations or supplements which are no
longer effective;
(4) include in Minnesota Rules a consolidated list of
publications and other documents incorporated by reference into
the rules after June 30, 1981, and found conveniently available
by the revisor under section 14.07, subdivision 4, indicating
where the publications or documents are conveniently available
to the public; and
(5) copyright any compilations and or supplements in the
name of the state of Minnesota.
Sec. 7. Minnesota Statutes 1996, section 15.50,
subdivision 2, is amended to read:
Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare,
prescribe, and from time to time, after a public hearing, amend
a comprehensive use plan for the capitol area, called the area
in this subdivision, which consists of that portion of the city
of Saint Paul comprehended within the following boundaries:
Beginning at the point of intersection of the center line of the
Arch-Pennsylvania freeway and the center line of Marion Street,
thence southerly along the center line of Marion Street extended
to a point 50 feet south of the south line of Concordia Avenue,
thence southeasterly along a line extending 50 feet from the
south line of Concordia Avenue to a point 125 feet from the west
line of John Ireland Boulevard, thence southwesterly along a
line extending 125 feet from the west line of John Ireland
Boulevard to the south line of Dayton Avenue, thence
northeasterly from the south line of Dayton Avenue to the west
line of John Ireland Boulevard, thence northeasterly to the
center line of the intersection of Old Kellogg Boulevard and
Summit Avenue, thence northeasterly along the center line of
Summit Avenue to the center line of the new West Kellogg
Boulevard, thence southerly along the east line of the new West
Kellogg Boulevard, to the center line of West Seventh Street,
thence northeasterly along the center line of West Seventh
Street to the center line of the Fifth Street ramp, thence
northwesterly along the center line of the Fifth Street ramp to
the east line of the right-of-way of Interstate Highway 35-E,
thence northeasterly along the east line of the right-of-way of
Interstate Highway 35-E to the south line of the right-of-way of
Interstate Highway 94, thence easterly along the south line of
the right-of-way of Interstate Highway 94 to the west line of
St. Peter Street, thence southerly to the south line of Exchange
Street, thence easterly along the south line of Exchange Street
to the west line of Cedar Street, thence northerly along the
west line of Cedar Street to the center line of Tenth Street,
thence northeasterly along the center line of Tenth Street to
the center line of Minnesota Street, thence northwesterly along
the center line of Minnesota Street to the center line of
Eleventh Street, thence northeasterly along the center line of
Eleventh Street to the center line of Jackson Street, thence
northwesterly along the center line of Jackson Street to the
center line of the Arch-Pennsylvania freeway extended, thence
westerly along the center line of the Arch-Pennsylvania freeway
extended and Marion Street to the point of origin. If
construction of the labor interpretive center does not commence
prior to December 31, 2000, at the site recommended by the
board, the boundaries of the capitol area revert to their
configuration as of 1992.
Under the comprehensive plan, or a portion of it, the board
may regulate, by means of zoning rules adopted under the
administrative procedure act, the kind, character, height, and
location, of buildings and other structures constructed or used,
the size of yards and open spaces, the percentage of lots that
may be occupied, and the uses of land, buildings and other
structures, within the area. To protect and enhance the
dignity, beauty, and architectural integrity of the capitol
area, the board is further empowered to include in its zoning
rules design review procedures and standards with respect to any
proposed construction activities in the capitol area
significantly affecting the dignity, beauty, and architectural
integrity of the area. No person may undertake these
construction activities as defined in the board's rules in the
capitol area without first submitting construction plans to the
board, obtaining a zoning permit from the board, and receiving a
written certification from the board specifying that the person
has complied with all design review procedures and standards.
Violation of the zoning rules is a misdemeanor. The board may,
at its option, proceed to abate any violation by injunction.
The board and the city of Saint Paul shall cooperate in assuring
that the area adjacent to the capitol area is developed in a
manner that is in keeping with the purpose of the board and the
provisions of the comprehensive plan.
(b) The commissioner of administration shall act as a
consultant to the board with regard to the physical structural
needs of the state. The commissioner shall make studies and
report the results to the board when it requests reports for its
planning purpose.
(c) No public building, street, parking lot, or monument,
or other construction may be built or altered on any public
lands within the area unless the plans for the project conform
to the comprehensive use plan as specified in paragraph (d) and
to the requirement for competitive plans as specified in
paragraph (e). No alteration substantially changing the
external appearance of any existing public building approved in
the comprehensive plan or the exterior or interior design of any
proposed new public building the plans for which were secured by
competition under paragraph (e) may be made without the prior
consent of the board. The commissioner of administration shall
consult with the board regarding internal changes having the
effect of substantially altering the architecture of the
interior of any proposed building.
(d) The comprehensive plan must show the existing land uses
and recommend future uses including: areas for public taking
and use; zoning for private land and criteria for development of
public land, including building areas, open spaces, monuments,
and other memorials; vehicular and pedestrian circulation;
utilities systems; vehicular storage; elements of landscape
architecture. No substantial alteration or improvement may be
made to public lands or buildings in the area without the
written approval of the board.
(e) The board shall secure by competitions plans for any
new public building. Plans for any comprehensive plan,
landscaping scheme, street plan, or property acquisition that
may be proposed, or for any proposed alteration of any existing
public building, landscaping scheme or street plan may be
secured by a similar competition. A competition must be
conducted under rules prescribed by the board and may be of any
type which meets the competition standards of the American
Institute of Architects. Designs selected become the property
of the state of Minnesota, and the board may award one or more
premiums in each competition and may pay the costs and fees that
may be required for its conduct. At the option of the board,
plans for projects estimated to cost less than $1,000,000 may be
approved without competition provided the plans have been
considered by the advisory committee described in paragraph
(h). Plans for projects estimated to cost less than $400,000
and for construction of streets need not be considered by the
advisory committee if in conformity with the comprehensive plan.
(f) Notwithstanding paragraph (e), an architectural
competition is not required for the design of any light rail
transit station and alignment within the capitol area. The
board and its advisory committee shall select a preliminary
design for any transit station in the capitol area. Each stage
of any station's design through working drawings must be
reviewed by the board's advisory committee and approved by the
board to ensure that the station's design is compatible with the
comprehensive plan for the capitol area and the board's design
criteria. The guideway and track design of any light rail
transit alignment within the capitol area must also be reviewed
by the board's advisory committee and approved by the board.
(g) Of the amount available for the light rail transit
design, adequate funds must be available to the board for design
framework studies and review of preliminary plans for light rail
transit alignment and stations in the capitol area.
(h) The board may not adopt any plan under paragraph (e)
unless it first receives the comments and criticism of an
advisory committee of three persons, each of whom is either an
architect or a planner, who have been selected and appointed as
follows: one by the board of the arts, one by the board, and
one by the Minnesota Society of the American Institute of
Architects. Members of the committee may not be contestants
under paragraph (e). The comments and criticism must be a
matter of public information. The committee shall advise the
board on all architectural and planning matters. For that
purpose, the committee must be kept currently informed
concerning, and have access to, all data, including all plans,
studies, reports and proposals, relating to the area as the data
are developed or in the process of preparation, whether by the
commissioner of administration, the commissioner of trade and
economic development, the metropolitan council, the city of
Saint Paul, or by any architect, planner, agency or
organization, public or private, retained by the board or not
retained and engaged in any work or planning relating to the
area, and a copy of any data prepared by any public employee or
agency must be filed with the board promptly upon completion.
The board may employ stenographic or technical help that
may be reasonable to assist the committee to perform its duties.
When so directed by the board, the committee may serve as,
and any member or members of the committee may serve on, the
jury or as professional advisor for any architectural
competition, and the board shall select the architectural
advisor and jurors for any competition with the advice of the
committee.
The city of Saint Paul shall advise the board.
(i) The comprehensive plan for the area must be developed
and maintained in close cooperation with the commissioner of
trade and economic development, the planning department and the
council for the city of Saint Paul, and the board of the arts,
and no plan or amendment of a plan may be effective without 90
days' notice to the planning department of the city of Saint
Paul and the board of the arts and without a public hearing with
opportunity for public testimony.
(j) The board and the commissioner of administration,
jointly, shall prepare, prescribe, and from time to time revise
standards and policies governing the repair, alteration,
furnishing, appearance, and cleanliness of the public and
ceremonial areas of the state capitol building. The board shall
consult with and receive advice from the director of the
Minnesota state historical society regarding the historic
fidelity of plans for the capitol building. The standards and
policies developed under this paragraph are binding upon the
commissioner of administration. The provisions of sections
14.02, 14.04 to 14.28, 14.38, and 14.44 to 14.45 chapter 14,
including section 14.386, do not apply to this paragraph.
(k) The board in consultation with the commissioner of
administration shall prepare and submit to the legislature and
the governor no later than October 1 of each even-numbered year
a report on the status of implementation of the comprehensive
plan together with a program for capital improvements and site
development, and the commissioner of administration shall
provide the necessary cost estimates for the program. The board
shall report any changes to the comprehensive plan adopted by
the board to the committee on governmental operations and
gambling of the house of representatives and the committee on
governmental operations and reform of the senate and upon
request shall provide testimony concerning the changes. The
board shall also provide testimony to the legislature on
proposals for memorials in the capitol area as to their
compatibility with the standards, policies, and objectives of
the comprehensive plan.
(l) The state shall, by the attorney general upon the
recommendation of the board and within appropriations available
for that purpose, acquire by gift, purchase, or eminent domain
proceedings any real property situated in the area described in
this section, and it may also acquire an interest less than a
fee simple interest in the property, if it finds that the
property is needed for future expansion or beautification of the
area.
(m) The board is the successor of the state veterans
service building commission, and as such may adopt rules and may
reenact the rules adopted by its predecessor under Laws 1945,
chapter 315, and amendments to it.
(n) The board shall meet at the call of the chair and at
such other times as it may prescribe.
(o) The commissioner of administration shall assign
quarters in the state veterans service building to (1) the
department of veterans affairs, of which a part that the
commissioner of administration and commissioner of veterans
affairs may mutually determine must be on the first floor above
the ground, and (2) the American Legion, Veterans of Foreign
Wars, Disabled American Veterans, Military Order of the Purple
Heart, United Spanish War Veterans, and Veterans of World War I,
and their auxiliaries, incorporated, or when incorporated, under
the laws of the state, and (3) as space becomes available, to
other state departments and agencies as the commissioner may
deem desirable.
Sec. 8. Minnesota Statutes 1996, section 18.022,
subdivision 9, is amended to read:
Subd. 9. [RULES.] The commissioner may adopt rules in
accordance with sections 14.02, 14.04 to 14.28, 14.38, 14.44 to
14.45, and 14.57 to 14.62 chapter 14 prescribing control
measures to be used to prevent the spread of shade tree diseases
and shall include the following: (a) A definition of shade
tree, (b) qualifications for inspectors, (c) methods of
identifying diseased shade trees, (d) procedures for giving
reasonable notice of inspection of private real property, (e)
measures for the treatment and removal of any shade tree which
may contribute to the spread of shade tree disease, and (f) such
other matters as shall be determined to be necessary by the
commissioner to prevent the spread of shade tree disease and
enforce the provisions of this section. The rules of the
commissioner shall apply in a county, city or town unless the
county, city or town adopts an ordinance or resolution pursuant
to subdivision 6 which is determined by the commissioner to be
more stringent than the rules of the commissioner. The rules of
the commissioner or the more stringent ordinance or resolution
of the city, county or town shall apply to all state agencies
and special purpose districts which own or control land within
any county, city or town exercising the powers granted in this
section.
Sec. 9. Minnesota Statutes 1996, section 18.0227,
subdivision 3, is amended to read:
Subd. 3. [ADMINISTRATION.] The commissioner shall develop
the experimental grasshopper control program and may adopt
rules, guidelines, and procedures notwithstanding chapter 14 to
implement the program, except the commissioner must comply with
section 14.38, subdivisions 7 and 8 14.386, paragraph (a),
clauses (1) and (3). Section 14.386, paragraph (b), does not
apply to these rules, guidelines, and procedures.
Sec. 10. Minnesota Statutes 1996, section 62E.10,
subdivision 8, is amended to read:
Subd. 8. [DEPARTMENT OF STATE EXEMPTION.] The association
is exempt from the administrative procedure act but, to the
extent authorized by law to adopt rules, the association may use
the provisions of section 14.38, subdivisions 5 to 9 14.386,
paragraph (a), clauses (1) and (3). Section 14.386, paragraph
(b), does not apply to these rules.
Sec. 11. Minnesota Statutes 1996, section 85A.02,
subdivision 5b, is amended to read:
Subd. 5b. [EXEMPTIONS.] The board is not subject to
sections 3.841 to 3.845, 15.057, 15.061, 16A.1285, and 16A.28;
chapter 16B, except for sections 16B.07, 16B.102, 16B.17,
16B.19, 16B.35, and 16B.55; and chapter 14, except section
14.38, subdivision 7, relating to the legal status of rules and
the legislative review of rules 14.386, paragraph (a), clauses
(1) and (3). Section 14.386, paragraph (b), does not apply to
the board's actions.
Sec. 12. Minnesota Statutes 1996, section 85A.05,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] Upon request by resolution
of the Minnesota zoological board and upon authorization as
provided in subdivision 1 the commissioner of finance shall sell
and issue Minnesota zoological garden bonds in the aggregate
amount requested, upon sealed bids and upon such notice, at such
price, in such form and denominations, bearing interest at such
rate or rates, maturing in such amounts and on such dates,
without option of prepayment or subject to prepayment upon such
notice and at such times and prices, payable at such bank or
banks within or outside the state, with such provisions for
registration, conversion, and exchange and for the issuance of
notes in anticipation of the sale or delivery of definitive
bonds, and in accordance with such further rules, as the
commissioner of finance shall determine, subject to the approval
of the attorney general, but not subject to the provisions of
sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.57
to 14.62 chapter 14, including section 14.386. The bonds shall
be executed by the commissioner of finance and attested by the
state treasurer under their official seals. The signatures of
the officers on the bonds and any appurtenant interest coupons
and their seals may be printed, lithographed, engraved, or
stamped thereon, except that each bond shall be authenticated by
the manual signature on its face of one of the officers or of an
officer of a bank designated by them as authenticating agent.
The commissioner of finance shall ascertain and certify to the
purchasers of the bonds the performance and existence of all
acts, conditions, and things necessary to make them valid and
binding general obligations of the state of Minnesota, subject
to the approval of the attorney general.
Sec. 13. Minnesota Statutes 1996, section 115A.58,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] Upon request by the director
and upon authorization as provided in subdivision 1, the
commissioner of finance shall sell Minnesota state waste
management bonds. The bonds shall be in the aggregate amount
requested, and sold upon sealed bids upon the notice, at the
price in the form and denominations, bearing interest at the
rate or rates, maturing in the amounts and on the dates (with or
without option of prepayment upon notice and at specified times
and prices), payable at a bank or banks within or outside the
state (with provisions, if any, for registration, conversion,
and exchange and for the issuance of temporary bonds or notes in
anticipation of the sale or delivery of definitive bonds), and
in accordance with further provisions as the commissioner of
finance shall determine, subject to the approval of the attorney
general, but not subject to the provisions of sections 14.02,
14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.57 to
14.62 chapter 14, including section 14.386. The bonds shall be
executed by the commissioner of finance and attested by the
state treasurer under their official seals. The signatures of
the officers on the bonds and any interest coupons and their
seals may be printed, lithographed, engraved, stamped, or
otherwise reproduced thereon, except that each bond shall be
authenticated by the manual signature on its face of one of the
officers or of an authorized representative of a bank designated
by the commissioner of finance as registrar or other
authenticating agent. The commissioner of finance shall
ascertain and certify to the purchasers of the bonds the
performance and existence of all acts, conditions, and things
necessary to make them valid and binding general obligations of
the state of Minnesota, subject to the approval of the attorney
general.
Sec. 14. Minnesota Statutes 1996, section 116.17,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] Upon request by resolution
of the agency and upon authorization as provided in subdivision
1 the commissioner of finance shall sell and issue Minnesota
state water pollution control bonds in the aggregate amount
requested, upon sealed bids and upon such notice, at such price,
in such form and denominations, bearing interest at a rate or
rates, maturing in amounts and on dates, with or without option
of prepayment upon notice and at specified times and prices,
payable at a bank or banks within or outside the state, with
provisions, if any, for registration, conversion, and exchange
and for the issuance of temporary bonds or notes in anticipation
of the sale or delivery of definitive bonds, and in accordance
with further provisions, as the commissioner of finance shall
determine, subject to the approval of the attorney general, but
not subject to the provisions of sections 14.02, 14.04 to 14.28,
14.38, 14.44 to 14.45, and 14.57 to 14.62 chapter 14, including
section 14.386. The bonds shall be executed by the commissioner
of finance and attested by the state treasurer under their
official seals. The signatures of the officers on the bonds and
any appurtenant interest coupons and their seals may be printed,
lithographed, engraved, stamped, or otherwise reproduced
thereon, except that each bond shall be authenticated by the
manual signature on its face of one of the officers or of an
authorized representative of a bank designated by the
commissioner as registrar or other authenticating agent. The
commissioner of finance shall ascertain and certify to the
purchasers of the bonds the performance and existence of all
acts, conditions, and things necessary to make them valid and
binding general obligations of the state of Minnesota, subject
to the approval of the attorney general.
Sec. 15. Minnesota Statutes 1996, section 116C.06,
subdivision 1, is amended to read:
Subdivision 1. The board shall hold public hearings on
matters that it determines to be of major environmental impact.
The board shall prescribe by rule in conformity to the
provisions of sections 14.02, 14.04 to 14.28, 14.38, 14.44 to
14.45, and 14.57 to 14.62 chapter 14, the procedures for the
conduct of all hearings and review procedures.
Sec. 16. Minnesota Statutes 1996, section 124.41,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION FORMS; RULES.] The commissioner,
with the assistance of the attorney general or a designated
assistant, shall prepare forms of applications for debt service
loans and capital loans and instruments evidencing the loans.
The state board shall promulgate rules to facilitate the
commissioner's operations in compliance with sections 124.36 to
124.46. The rules shall be subject to the procedure set forth
in sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and
14.57 to 14.62 chapter 14.
Sec. 17. Minnesota Statutes 1996, section 124.46,
subdivision 2, is amended to read:
Subd. 2. Upon receipt of each such certification, subject
to authorization as provided in subdivision 4, the commissioner
of finance shall from time to time as needed issue and sell
state of Minnesota school loan bonds in the aggregate principal
amount stated in the commissioner's certificate, for the prompt
and full payment of which, with the interest thereon, the full
faith, credit, and taxing powers of the state are hereby
irrevocably pledged, and shall credit the net proceeds of their
sale to the purposes for which they are appropriated by section
124.40, subdivision 1. Such bonds shall be issued and sold at
such price, in such manner, in such number of series, at such
times, and in such form and denominations, shall bear such dates
of issue and of maturity, either without option of prior
redemption or subject to prepayment upon such notice and at such
times and prices, shall bear interest at such rate or rates and
payable at such intervals, shall be payable at such bank or
banks within or without the state, with such provisions for
registration, conversion, and exchange, and for the issuance of
notes in anticipation of the sale and delivery of definitive
bonds, and in accordance with such further provisions as the
commissioner of finance shall determine subject to the
limitations stated in this subdivision (but not subject to the
provisions of sections 14.02, 14.04 to 14.28, 14.38, 14.44 to
14.45, and 14.57 to 14.62 chapter 14, including section 14.386).
The maturity date shall in no case be more than 20 years after
the date of issue of any bond and the principal amounts and due
dates shall conform as near as may be with the commissioner's
estimates of dates and amounts of payments to be received on
debt service and capital loans. The bonds and any interest
coupons appurtenant to them shall be executed by the
commissioner of finance and attested by the state treasurer
under their official seals. The signatures of these officers
and their seals may be printed, lithographed, stamped, engraved,
or otherwise reproduced thereon. Each bond shall be
authenticated by the manual signature on its face of one of the
officers or a person authorized to sign on behalf of a bank or
trust company designated by the commissioner to act as registrar
or other authenticating agent. The commissioner of finance is
authorized and directed to ascertain and certify to purchasers
of the bonds the performance and existence of all acts,
conditions, and things necessary to make them valid and binding
general obligations of the state of Minnesota in accordance with
their terms.
Sec. 18. Minnesota Statutes 1996, section 136A.40, is
amended to read:
136A.40 [ADMINISTRATION.]
The administration of sections 136A.25 to 136A.42, shall be
under the authority independent of other departments and
agencies and notwithstanding chapter 16B. The authority shall
not be subject to the provisions of sections 14.02, 14.04 to
14.28, 14.38, 14.44 to 14.45, and 14.57 to 14.62 chapter 14,
including section 14.386 in connection with the adoption of any
rules, rents, fees or charges or with the exercise of any other
powers or duties.
Sec. 19. Minnesota Statutes 1996, section 145.925,
subdivision 9, is amended to read:
Subd. 9. [RULES; REGIONAL FUNDING.] Notwithstanding any
rules to the contrary, including rules proposed in the State
Register on April 1, 1991, the commissioner, in allocating grant
funds for family planning special projects, shall not limit the
total amount of funds that can be allocated to an organization
that has submitted applications from more than one region,
except that no more than $75,000 may be allocated to any grantee
within a single region. For two or more organizations who have
submitted a joint application, that limit is $75,000 for each
organization. This subdivision does not affect any procedure
established in rule for allocating special project money to the
different regions. The commissioner shall revise the rules for
family planning special project grants so that they conform to
the requirements of this subdivision. In adopting these
revisions, the commissioner is not subject to the rulemaking
provisions of chapter 14, but is bound by section 14.38,
subdivision 7 14.386, paragraph (a), clauses (1) and (3).
Section 14.386, paragraph (b), does not apply to these rules.
Sec. 20. Minnesota Statutes 1996, section 150A.04,
subdivision 5, is amended to read:
Subd. 5. [RULES.] The board may promulgate rules as are
necessary to carry out and make effective the provisions and
purposes of sections 150A.01 to 150A.12, in accordance with
sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.57
to 14.62 chapter 14. The rules may specify training and
education necessary for administering general anesthesia and
intravenous conscious sedation.
Sec. 21. Minnesota Statutes 1996, section 152.02,
subdivision 12, is amended to read:
Subd. 12. If any substance is designated, rescheduled, or
deleted as a controlled substance under federal law and notice
thereof is given to the state board of pharmacy, the state board
of pharmacy shall similarly control the substance under this
chapter, after the expiration of 30 days from publication in the
Federal Register of a final order designating a substance as a
controlled substance or rescheduling or deleting a substance.
Such order shall be filed pursuant to section 14.38 with the
secretary of state. If within that 30-day period, the state
board of pharmacy objects to inclusion, rescheduling, or
deletion, it shall publish the reasons for objection and afford
all interested parties an opportunity to be heard. At the
conclusion of the hearing, the state board of pharmacy shall
publish its decision, which shall be subject to the provisions
of chapter 14.
In exercising the authority granted by this chapter, the
state board of pharmacy shall be subject to the provisions of
chapter 14. The state board of pharmacy shall provide copies of
any proposed rule under this chapter to the advisory council on
controlled substances at least 30 days prior to any hearing
required by section 14.14, subdivision 1. The state board of
pharmacy shall consider the recommendations of the advisory
council on controlled substances, which may be made prior to or
at the hearing.
Sec. 22. Minnesota Statutes 1996, section 161.1231,
subdivision 5, is amended to read:
Subd. 5. [FEES.] The commissioner shall establish and
collect fees for use of the parking facilities. The fees must
be established and adjusted in compliance with United States
Code, title 23, section 137, and are not subject to chapter 14,
including section 14.38, subdivisions 5 to 9 14.386, or 16A.1285.
Sec. 23. Minnesota Statutes 1996, section 167.50,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE AND SALE.] The bonds shall be issued
and sold upon sealed bids after published notice. The bonds
shall be issued and sold at the times and prices (not less than
par and accrued interest), in the form and denominations,
bearing interest at the rate or rates, maturing on dates, with
or without option of prior redemption upon notice and at
specified times and prices, payable at a bank or banks, within
or without the state, with provisions for registration,
conversion, and exchange and for the issuance of temporary bonds
or notes in anticipation of the sale and delivery of definitive
bonds, and in accordance with such further provisions, as the
commissioner of finance may determine, subject to the approval
of the attorney general (but not subject to the provisions of
sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.57
to 14.62 chapter 14, including 14.386). Each bond shall mature
within 20 years from its date of issue and shall be executed by
the commissioner of finance and attested by the state treasurer
under their official seals. The signatures of these officers on
the face of and any interest coupons appurtenant to any bond,
and their seals may be printed, lithographed, stamped, engraved,
or otherwise reproduced thereon, provided that the signature of
one of the officers, or of an authorized representative of a
corporate registrar or other agent designated by the
commissioner of finance to authenticate the bonds, shall be
manually subscribed on the face of each bond.
Sec. 24. Minnesota Statutes 1996, section 169.06,
subdivision 1, is amended to read:
Subdivision 1. [UNIFORM SYSTEM.] The commissioner shall
adopt a manual and specifications for a uniform system of
traffic-control devices consistent with the provisions of this
chapter for use upon highways within this state. Such uniform
system shall correlate with and so far as possible conform to
the system then current as approved by the American Association
of State Highway Officials. The manual and specifications must
include the design and wording of minimum-maintenance road
signs. The adoption of the manual and specifications by the
commissioner as herein provided is specifically exempted from
the provisions and requirements of sections 14.02, 14.04 to
14.28, 14.38, 14.44 to 14.45, and 14.57 to 14.62 and acts
amendatory thereto chapter 14, including section 14.386.
Sec. 25. Minnesota Statutes 1996, section 174.51,
subdivision 2, is amended to read:
Subd. 2. [SALE; GENERAL OBLIGATIONS.] The bonds shall be
sold upon sealed bids and upon notice, at a price, in form and
denominations, bearing interest at a rate or rates, maturing in
amounts and on dates, without option of prior redemption or
subject to prepayment upon notice and at times and prices,
payable at a bank or banks within or outside the state, with or
without provisions for registration, conversion, exchange, and
issuance of temporary bonds or notes in anticipation of the sale
or delivery of definitive bonds, and in accordance with further
provisions, as the commissioner of finance shall determine
subject to the approval of the attorney general, but not subject
to the provisions of sections 14.02, 14.04 to 14.28, 14.38,
14.44 to 14.45, and 14.57 to 14.62 chapter 14, including 14.386.
Each bond shall mature within 20 years from its date of issue
and shall be executed by the commissioner of finance and
attested by the state treasurer under their official seals. The
signatures on the bonds and on any interest coupons and the
seals may be printed or otherwise reproduced, except that each
bond shall be authenticated by the manual signature on its face
of one of the officers or of a person authorized to sign on
behalf of a bank designated by the commissioner of finance as
registrar or other authenticating agent. The commissioner of
finance shall ascertain and certify to the purchasers of the
bonds the performance and existence of all acts, conditions, and
things necessary to make them valid and binding general
obligations of the state of Minnesota, subject to the approval
of the attorney general.
Sec. 26. Minnesota Statutes 1996, section 176.136,
subdivision 1a, is amended to read:
Subd. 1a. [RELATIVE VALUE FEE SCHEDULE.] The liability of
an employer for services included in the medical fee schedule is
limited to the maximum fee allowed by the schedule in effect on
the date of the medical service, or the provider's actual fee,
whichever is lower. The medical fee schedule effective on
October 1, 1991, shall remain remains in effect until the
commissioner adopts a new schedule by permanent rule. The
commissioner shall adopt permanent rules regulating fees
allowable for medical, chiropractic, podiatric, surgical, and
other health care provider treatment or service, including those
provided to hospital outpatients, by implementing a relative
value fee schedule to be effective on October 1, 1993. The
commissioner may adopt by reference the relative value fee
schedule adopted for the federal Medicare program or a relative
value fee schedule adopted by other federal or state agencies.
The relative value fee schedule shall must contain reasonable
classifications including, but not limited to, classifications
that differentiate among health care provider disciplines. The
conversion factors for the original relative value fee schedule
must reasonably reflect a 15 percent overall reduction from the
medical fee schedule most recently in effect. The reduction
need not be applied equally to all treatment or services, but
must represent a gross 15 percent reduction.
After permanent rules have been adopted to implement this
section, the conversion factors must be adjusted annually on
October 1 by no more than the percentage change computed under
section 176.645, but without the annual cap provided by that
section. The commissioner shall annually give notice in the
State Register of the adjusted conversion factors and may also
give annual notice of any additions, deletions, or changes to
the relative value units or service codes adopted by the federal
Medicare program. The relative value units may be statistically
adjusted in the same manner as for the original workers'
compensation relative value fee schedule. The notices of the
adjusted conversion factors and additions, deletions, or changes
to the relative value units and service codes shall be is in
lieu of the requirements of chapter 14. The commissioner shall
follow the requirements of section 14.386, paragraph (a). The
annual adjustments to the conversion factors and the medical fee
schedules adopted pursuant to under this section, including all
previous fee schedules, are not subject to expiration under
section 14.387 14.386, paragraph (b).
Sec. 27. Minnesota Statutes 1996, section 182.655,
subdivision 1, is amended to read:
Subdivision 1. Standards and variances shall be proposed,
granted, adopted, modified or revoked by the commissioner in
accordance with the procedures of this section. The standards
and variances are exempt from the administrative procedure act
but, to the extent authorized by law to adopt rules, the
commissioner may use the provisions of section 14.38,
subdivisions 5 to 9 14.386, paragraph (a), clauses (1) and (3).
Section 14.386, paragraph (b), does not apply to these rules.
Sec. 28. Minnesota Statutes 1996, section 256B.501,
subdivision 10, is amended to read:
Subd. 10. [RULES.] To implement this section, the
commissioner shall promulgate rules in accordance with chapter
14. To implement subdivision 3, the commissioner shall
promulgate rules in accordance with sections 14.01 to 14.38.
Sec. 29. Minnesota Statutes 1996, section 256B.502, is
amended to read:
256B.502 [RULES.]
The commissioners of health and human services shall
promulgate rules necessary to implement Laws 1983, chapter 199,
except as otherwise indicated in accordance with sections 14.01
to 14.38.
Sec. 30. Minnesota Statutes 1996, section 256B.503, is
amended to read:
256B.503 [RULES.]
To implement Laws 1983, chapter 312, article 9, sections 1
to 7, the commissioner shall promulgate rules in accordance with
sections 14.01 to 14.38. Rules adopted to implement Laws 1983,
chapter 312, article 9, section 5, must (a) be in accord with
the provisions of Minnesota Statutes, chapter 256E, (b) set
standards for case management which include, encourage and
enable flexible administration, (c) require the county boards to
develop individualized procedures governing case management
activities, (d) consider criteria promulgated under section
256B.092, subdivision 3, and the federal waiver plan, (e)
identify cost implications to the state and to county boards,
and (f) require the screening teams to make recommendations to
the county case manager for development of the individual
service plan.
The commissioner shall adopt rules to implement this
section by July 1, 1986.
Sec. 31. Minnesota Statutes 1996, section 401.03, is
amended to read:
401.03 [PROMULGATION OF RULES; TECHNICAL ASSISTANCE.]
The commissioner shall, as provided in sections 14.02,
14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.57 to
14.62 chapter 14, promulgate rules for the implementation of
sections 401.01 to 401.16, and shall provide consultation and
technical assistance to counties to aid them in the development
of comprehensive plans.
Sec. 32. Minnesota Statutes 1996, section 458A.03,
subdivision 2, is amended to read:
Subd. 2. [RULES.] The commission may prescribe and
promulgate rules as it deems necessary or expedient in
furtherance of the purposes of sections 458A.01 to 458A.15 upon
like procedure and with like force and effect as provided for
state agencies by sections 14.02, 14.04 to 14.28, 14.38, 14.44
to 14.45, and 14.57 to 14.62 chapter 14.
Sec. 33. Minnesota Statutes 1996, section 475A.06,
subdivision 2, is amended to read:
Subd. 2. [FORMALITIES.] The bonds shall be issued and sold
upon sealed bids and upon such notice, at such price, at such
times, in such form and denominations, bearing interest at such
rate or rates, maturing in such amounts and on such dates,
either without option of prepayment or subject to prepayment
upon such notice and at such times and prices, payable at such
bank or banks within or outside the state, with such provisions
for registration, conversion, and exchange and for the issuance
of notes in anticipation of the sale or delivery of definitive
bonds, and in accordance with such further rules, as the
commissioner of finance shall determine, subject to the approval
of the attorney general, but not subject to the provisions of
sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.57
to 14.62 chapter 14, including section 14.386. The bonds shall
be executed by the commissioner of finance and attested by the
state treasurer under their official seals. The signatures of
the officers on the bonds and any appurtenant interest coupons
and their seals may be printed, lithographed, engraved, or
stamped thereon, except that each bond shall be authenticated by
the manual signature on its face of one of the officers or of an
officer of a bank designated by them as authenticating agent.
The commissioner of finance shall ascertain and certify to the
purchasers of the bonds the performance and existence of all
acts, conditions, and things necessary to make them valid and
binding general obligations of the state of Minnesota, subject
to the approval of the attorney general.
Sec. 34. Minnesota Statutes 1996, 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 commissioner of
commerce as a public record. The commissioner of commerce may
appoint an advisory task force on uniform conveyancing forms to
recommend to the commissioner of commerce 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
commerce may adopt amended or new forms consistent with the laws
of this state by complying with the procedures in section 14.38,
subdivision 7, clauses (1), (2), and (3) 14.386, paragraph (a),
clauses (1) and (3). Section 14.386, paragraph (b), does not
apply to these forms.
Sec. 35. [TRANSITION.]
The repeal of authority to use procedures in Minnesota
Statutes, section 14.38, subdivisions 5 to 9 to adopt rules and
the repeal of references to other rulemaking authority in
specific sections of Minnesota Statutes, chapter 14 does not
affect the validity of rules adopted under those procedures
before the effective date of this article.
Sec. 36. [REPEALER.]
(a) Minnesota Statutes 1996, section 14.387, is repealed.
(b) Minnesota Statutes 1996, section 14.38, subdivisions 5,
6, 7, 8, and 9, are repealed.
(c) Minnesota Statutes 1996, section 214.06, subdivision 3,
is repealed.
Sec. 37. [EFFECTIVE DATES.]
Sections 1 to 35, and 36, paragraph (b), are effective the
day following final enactment.
Section 36, paragraphs (a) and (c), are effective June 30,
1997.
Presented to the governor May 19, 1997
Signed by the governor May 20, 1997, 10:38 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes