Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 192-S.F.No. 1316
An act relating to state agencies; modifying
requirements for advisory councils and committees and
multimember agencies; changing certain publication
dates and requirements; changing expiration dates;
amending Minnesota Statutes 1996, sections 15.059,
subdivision 5, and by adding a subdivision; 15.0597,
subdivisions 2 and 3; 15.0599, subdivisions 1, 4, 5,
and by adding subdivisions; 16B.42, subdivision 1;
17.136; 17.49, subdivision 1; 18B.305, subdivision 3;
21.112, subdivision 2; 28A.20, subdivision 2, and by
adding a subdivision; 31.95, subdivision 3a; 62Q.03,
subdivision 5a; 120.1701, subdivision 3; 124.48,
subdivision 3; 126.531, subdivision 3; 126.56,
subdivision 5; 134.31, subdivision 5; 144.672,
subdivision 1; 145.881, subdivision 1; 148.622,
subdivision 3; 161.1419, subdivision 8; 175.008;
178.02, subdivision 2; 182.656, subdivision 3; 214.32,
subdivision 1; 245.697, subdivision 1; 254A.035,
subdivision 2; and 254A.04.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 15.059,
subdivision 5, is amended to read:
Subd. 5. [EXPIRATION DATE.] (a) Unless a different date is
specified by law, the existence of each advisory council and
committee created established before January 1, 1993 1997, and
governed by this section shall terminate on terminates June 30,
1993 1997. An advisory council or committee whose expiration is
not governed by this section does not terminate June 30, 1993,
unless specified by other law. An advisory council or committee
created established by law and in existence after June 30, 1993
1997, expires on the date specified in the law creating
establishing the group or on June 30, 1997 2001, whichever is
sooner. This expiration provision subdivision applies whether
or not the law creating establishing the group provides that the
group is governed by this section.
(b) An advisory council or committee does not expire in
accordance with paragraph (a) if it:
(1) is an occupational licensure advisory group to a
licensing board or agency;
(2) administers and awards grants; or
(3) is required by federal law or regulation.
A council or committee covered by this paragraph expires June
30, 2001.
Sec. 2. Minnesota Statutes 1996, section 15.059, is
amended by adding a subdivision to read:
Subd. 5a. [NO EXPIRATION.] Notwithstanding subdivision 5,
the advisory councils and committees listed in this subdivision
do not expire June 30, 1997. These groups expire June 30, 2001,
unless the law creating the group or this subdivision specifies
an earlier expiration date.
Investment advisory council, created in section 11A.08;
Intergovernmental information systems council, created in
section 16B.42, expires June 30, 1999;
Feedlot and manure management advisory committee, created
in section 17.136;
Aquaculture advisory committee, created in section 17.49;
Dairy producers board, created in section 17.76;
Pesticide applicator education and examination review
board, created in section 18B.305;
Advisory seed potato certification task force, created in
section 21.112;
Food safety advisory committee, created in section 28A.20;
Minnesota organic advisory task force, created in section
31.95;
Public programs risk adjustment work group, created in
section 62Q.03, expires June 30, 1999;
Workers' compensation self-insurers' advisory committee,
created in section 79A.02;
Youth corps advisory committee, created in section 84.0887;
Iron range off-highway vehicle advisory committee, created
in section 85.013;
Mineral coordinating committee, created in section 93.002;
Game and fish fund citizen advisory committees, created in
section 97A.055;
Wetland heritage advisory committee, created in section
103G.2242;
Wastewater treatment technical advisory committee, created
in section 115.54;
Solid waste management advisory council, created in section
115A.12;
Nuclear waste council, created in section 116C.711;
Genetically engineered organism advisory committee, created
in section 116C.93;
Environment and natural resources trust fund advisory
committee, created in section 116P.06;
Child abuse prevention advisory council, created in section
119A.13;
Chemical abuse and violence prevention council, created in
section 119A.27;
Youth neighborhood services advisory board, created in
section 119A.29;
Interagency coordinating council, created in section
120.1701, expires June 30, 1999;
Desegregation/integration advisory board, created in
section 121.1601;
Nonpublic education council, created in section 123.935;
Permanent school fund advisory committee, created in
section 124.078;
Indian scholarship committee, created in section 124.48;
American Indian education committees, created in section
126.531;
Summer scholarship advisory committee, created in section
126.56;
Multicultural education advisory committee, created in
section 126.82;
Male responsibility and fathering grants review committee,
created in section 126.84;
Library for the blind and physically handicapped advisory
committee, created in section 134.31;
Higher education advisory council, created in section
136A.031;
Student advisory council, created in section 136A.031;
Cancer surveillance advisory committee, created in section
144.672;
Maternal and child health task force, created in section
145.881;
State community health advisory committee, created in
section 145A.10;
Mississippi River Parkway commission, created in section
161.1419;
School bus safety advisory committee, created in section
169.435;
Advisory council on workers' compensation, created in
section 175.007;
Code enforcement advisory council, created in section
175.008;
Medical services review board, created in section 176.103;
Apprenticeship advisory council, created in section 178.02;
OSHA advisory council, created in section 182.656;
Health professionals services program advisory committee,
created in section 214.32;
Rehabilitation advisory council for the blind, created in
section 248.10;
American Indian advisory council, created in section
254A.035;
Alcohol and other drug abuse advisory council, created in
section 254A.04;
Medical assistance drug formulary committee, created in
section 256B.0625;
Home care advisory committee, created in section 256B.071;
Preadmission screening, alternative care, and home and
community-based services advisory committee, created in section
256B.0911;
Traumatic brain injury advisory committee, created in
section 256B.093;
Minnesota commission serving deaf and hard-of-hearing
people, created in section 256C.28;
American Indian child welfare advisory council, created in
section 257.3579;
Juvenile justice advisory committee, created in section
268.29;
Northeast Minnesota economic development fund technical
advisory committees, created in section 298.2213;
Iron range higher education committee, created in section
298.2214;
Northeast Minnesota economic protection trust fund
technical advisory committee, created in section 298.297;
Pipeline safety advisory committee, created in section
299J.06, expires June 30, 1998;
Battered women's advisory council, created in section
611A.34.
Sec. 3. Minnesota Statutes 1996, section 15.0597,
subdivision 2, is amended to read:
Subd. 2. [COLLECTION OF DATA.] The chair of an existing
agency or the chair's designee, or the appointing authority for
the members of a newly created agency, shall provide the
secretary, on forms prepared and distributed by the secretary,
with the following data pertaining to that agency:
(1) the name of the agency, its mailing address, and
telephone number;
(2) the legal authority for the creation of the agency and
the name of the person appointing agency members;
(3) the powers and duties of the agency;
(4) the number of authorized members, together with any
prescribed restrictions on eligibility such as employment
experience or geographical representation;
(5) the dates of commencement and expiration of the
membership terms and the expiration date of the agency, if any;
(6) the compensation of members, and appropriations or
other funds available to the agency;
(7) the regular meeting schedule, if any, and approximate
number of hours per month of meetings or other activities
required of members;
(8) the roster of current members, including mailing
addresses and telephone numbers; and
(9) a breakdown of the membership showing distribution by
county, legislative district, and congressional district, and,
only if the member has voluntarily supplied the information, the
sex, political party preference or lack thereof of party
preference, race, and national origin of the members.
The secretary may provide for the submission of data in
accordance with this subdivision by electronic means. The
publication requirement under clause (8) may be met by
publishing a member's home or business address and telephone
number, the address and telephone number of the agency to which
the member is appointed, the member's electronic mail address,
if provided, or any other information that would enable the
public to communicate with the member.
Sec. 4. Minnesota Statutes 1996, section 15.0597,
subdivision 3, is amended to read:
Subd. 3. [PUBLICATION OF AGENCY DATA.] The secretary of
state shall provide for annual updating of the required data and
shall annually arrange for the publication in the state register
of the compiled data from all agencies on or about
November October 15 of each year. Copies of the compilation
shall must be delivered to the governor and the legislature.
Copies of the compilation shall must be made available by the
secretary to any interested person at cost, and copies shall
must be available for viewing by interested persons. The chair
of an agency who does not submit data required by this section
or who does not notify the secretary of a vacancy in the agency,
shall is not be eligible for a per diem or expenses in
connection with agency service until December 1 of the following
year.
Sec. 5. Minnesota Statutes 1996, section 15.0599,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] For purposes of this
section, "agency" means:
(1) a state board, commission, council, committee,
authority, task force, including an advisory task force
established under section 15.014 or 15.0593, other multimember
agency, however designated, established by statute or order and
having statewide jurisdiction;
(2) the metropolitan council established by section
473.123, a metropolitan agency as defined in section 473.121,
subdivision 5a, or a multimember body, however designated,
appointed by the metropolitan council established by section
473.123 or a metropolitan agency as defined in section 473.121,
subdivision 5a, if the membership includes at least one person
who is not a member of the council or the agency; and
(3) a multimember body whose members are appointed by the
legislature if the body has at least one nonlegislative member;
and
(4) any other multimember body established by law with at
least one appointed member, without regard to the appointing
authority.
"Secretary" means the secretary of state.
Sec. 6. Minnesota Statutes 1996, section 15.0599,
subdivision 4, is amended to read:
Subd. 4. [REGISTRATION; INFORMATION REQUIRED.] (a) The
appointing authority of a newly established agency or the
authority's designee shall provide the secretary with the
following information:
(1) the name, mailing address, and telephone number of the
agency;
(2) the legal authority for the establishment of the agency
and the name and the title of the person or persons appointing
agency members;
(3) the powers and duties of the agency and whether the
agency, however designated, is best described by section 15.012,
paragraph (a), (b), (c), (e), or (f);
(4) the number of authorized members, together with any
prescribed restrictions on eligibility;
(5) the roster of current members, including mailing
addresses and telephone numbers;
(6) a breakdown of the membership showing distribution by
county, legislative district, and congressional district and
compliance with any restrictions listed in accordance with
clause (4);
(7) if any members have voluntarily provided the
information, the sex, age, political preference or lack of
preference, race, and national origin of those members;
(8) the dates of commencement and expiration of membership
terms and the expiration date of the agency, if any;
(9) the compensation of members and appropriations or other
money available to the agency;
(10) the name of the state agency or other entity, if any,
required to provide staff or administrative support to the
agency;
(11) the regular meeting schedule, if any, and the
approximate number of hours a month of meetings or other
activities required of members; and
(12) a brief statement of the goal or purpose of the
agency, along with a summary of what an existing agency has
done, or what a newly established agency plans to do to achieve
its goal or purpose.
The publication requirement under clause (5) may be met by
publishing a member's home or business address and telephone
number, the address and telephone number of the agency to which
the member is appointed, the member's electronic mail address,
or any other information that would enable the public to
communicate with the member.
(b) The chair of an existing agency or the chair's designee
shall provide information, covering the fiscal year in which it
is registering, on the number of meetings it has held, its
expenses, and the number of staff hours, if any, devoted to its
support. The chair or designee shall also, if necessary, update
any of the information previously provided in accordance with
paragraph (a).
(c) The secretary shall provide forms for the reporting of
information required by this subdivision and may provide for
reporting by electronic means.
Sec. 7. Minnesota Statutes 1996, section 15.0599, is
amended by adding a subdivision to read:
Subd. 4a. [ELIGIBILITY FOR COMPENSATION.] The members of
an agency that submits all the information required by this
section by the prescribed deadlines are eligible to receive
compensation, but no compensation, including reimbursement for
expenses, may be paid to members of an agency not in compliance
with this section. If an agency has not submitted all required
information by its applicable deadline, the secretary shall
notify the agency that it is not in compliance and that it has
30 days from the date of the notice to achieve compliance. If
the agency is out of compliance at the end of the 30-day period,
the secretary shall notify the commissioner of finance that
members of the agency are not entitled to compensation. If the
agency subsequently complies with this section, the secretary
shall notify the commissioner that the agency's members are
eligible for compensation from the date of compliance. No
retroactive compensation may be paid, however, for any period
during which the agency was out of compliance.
Sec. 8. Minnesota Statutes 1996, section 15.0599,
subdivision 5, is amended to read:
Subd. 5. [REPORTING BY SECRETARY.] By August October 15 of
each year, the secretary shall furnish copies and a summary of
the information collected under subdivision 4 to the legislative
reference library.
Sec. 9. Minnesota Statutes 1996, section 15.0599, is
amended by adding a subdivision to read:
Subd. 6. [ELECTRONIC PUBLICATION.] Any material that under
sections 15.0597 to 15.0599 is required to be published in the
State Register may instead be published on the World Wide Web.
If that option is used, the secretary of state shall
publish notice of that fact in the State Register at least once
a year and shall send the same notice by United States mail to
all persons who have registered with the secretary for the
purpose of receiving notice of the secretary's listings.
Sec. 10. Minnesota Statutes 1996, section 16B.42,
subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The intergovernmental
information systems advisory council is composed of (1) two
members from each of the following groups: counties outside of
the seven-county metropolitan area, cities of the second and
third class outside the metropolitan area, cities of the second
and third class within the metropolitan area, and cities of the
fourth class; (2) one member from each of the following groups:
the metropolitan council, an outstate regional body, counties
within the metropolitan area, cities of the first class, school
districts in the metropolitan area, school districts outside the
metropolitan area, and public libraries; (3) one member each
appointed by the state departments of children, families, and
learning, human services, revenue, and economic security, the
office of strategic and long-range planning, and the legislative
auditor; (4) one member from the office of the state auditor,
appointed by the auditor; (5) the assistant commissioner of
administration for the information policy office; (6) one member
appointed by each of the following organizations: league of
Minnesota cities, association of Minnesota counties, Minnesota
association of township officers, and Minnesota association of
school administrators; and (7) one member of the house of
representatives appointed by the speaker and one member of the
senate appointed by the subcommittee on committees of the
committee on rules and administration. The legislative members
appointed under clause (7) are nonvoting members. The
commissioner of administration shall appoint members under
clauses (1) and (2). The terms, compensation, and removal of
the appointed members of the advisory council are as provided in
section 15.059, but the council does not expire until June 30,
1997 1999.
Sec. 11. Minnesota Statutes 1996, section 17.136, is
amended to read:
17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND
MANURE MANAGEMENT ADVISORY COMMITTEE.]
(a) The commissioner of agriculture and the commissioner of
the pollution control agency shall establish a feedlot and
manure management advisory committee to identify needs, goals,
and suggest policies for research, monitoring, and regulatory
activities regarding feedlot and manure management. In
establishing the committee, the commissioner shall give first
consideration to members of the existing feedlot advisory group.
(b) The committee must include representation from beef,
dairy, pork, chicken, and turkey producer organizations. The
committee shall not exceed 18 members, but, after June 30, 1997,
must include representatives from at least three four
environmental organizations, eight livestock producers, and four
experts in soil and water science, nutrient management, and
animal husbandry, one member from an organization representing
local units of government, one member from and chairs of the
senate, and one member from the house of
representatives committees that deal with agricultural policy or
the designees of the chairs. In addition, the department
departments of agriculture, health, and natural resources, the
pollution control agency, board of water and soil resources,
soil and water conservation districts, the federal Soil Natural
Resource Conservation Service, the association of Minnesota
counties, and the Agricultural Stabilization and
Conservation Farm Service Agency shall serve on the committee as
ex officio nonvoting members.
(c) Persons who participated in activities of the feedlot
advisory group existing on and before August 1, 1994, must be
allowed to speak at proceedings of the advisory committee.
These persons hold nonvoting status and are not eligible for
reimbursement of expenses under paragraph (h).
(d) The advisory committee shall elect a chair and a
vice-chair from its members. The department and the agency
shall provide staff support to the committee.
(e) (d) The commissioner of agriculture and the
commissioner of the pollution control agency shall consult with
the advisory committee during the development of any policies,
rules, or funding proposals or recommendations relating to
feedlots or feedlot-related manure management.
(f) (e) The commissioner of agriculture shall consult with
the advisory committee on establishing a list of manure
management research needs and priorities.
(g) (f) The advisory committee shall advise the
commissioners on other appropriate matters.
(h) (g) Nongovernment members of the advisory committee
shall receive expenses, in accordance with section 15.059,
subdivision 6. The advisory committee expires on June 30, 1997
2001.
Sec. 12. Minnesota Statutes 1996, section 17.49,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner
shall establish and promote a program of aquaculture in
consultation with an advisory committee consisting of the
University of Minnesota, the commissioner of natural resources,
the commissioner of agriculture, representatives of the private
aquaculture industry, and the chairs of the environment and
natural resources committees of the house of representatives and
senate. The advisory committee expires on June 30, 2001.
Sec. 13. Minnesota Statutes 1996, section 18B.305,
subdivision 3, is amended to read:
Subd. 3. [PESTICIDE APPLICATOR EDUCATION AND EXAMINATION
REVIEW BOARD.] (a) The commissioner shall establish and chair a
pesticide applicator education and examination review board.
This board, consisting of 15 members, must meet at least once a
year before the initiation of pesticide educational planning
programs. The purpose of the board is to discuss topics of
current concern that can be incorporated into pesticide
applicator training sessions and appropriate examinations. This
board shall review and evaluate the various educational programs
recently conducted and recommend options to increase overall
effectiveness.
(b) Membership on this board must represent industry,
private, nonprofit organizations, include applicators
representing various licensing categories, such as agriculture,
turf and ornamental, aerial, aquatic, and structural pest
control and private pesticide applicators, and other
governmental agencies, including the University of Minnesota,
the pollution control agency, department of health, department
of natural resources, and department of transportation.
(c) Membership on the board must include representatives
from environmental protection organizations.
(d) This board shall review licensing and certification
requirements for private, commercial, and noncommercial
applicators and provide a report to the commissioner with
recommendations by January 15, 1998. This board shall review
category requirements and provide recommendations to the
commissioner. This board expires on June 30, 2001.
Sec. 14. Minnesota Statutes 1996, section 21.112,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY SEED POTATO CERTIFICATION TASK FORCE.]
The commissioner may appoint an advisory seed potato
certification task force. If the task force is appointed each
member shall be a grower in Minnesota of certified seed potatoes.
The task force shall expire, and the terms, compensation and
removal of members shall be as provided in section 15.059. The
task force shall expire June 30, 2001.
Sec. 15. Minnesota Statutes 1996, section 28A.20,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] (a) The food safety advisory
committee consists of:
(1) the commissioner of agriculture;
(2) the commissioner of health;
(3) a representative of the United States Food and Drug
Administration;
(4) a representative of the United States Department of
Agriculture;
(5) a representative of the agricultural utilization
research institute;
(5) (6) one person from the University of Minnesota
knowledgeable in food and food safety issues; and
(6) eight (7) nine members appointed by the governor who
are interested in food and food safety, of whom:
(i) two persons are health or food professionals;
(ii) one person represents a statewide general farm
organization;
(iii) one person represents a local food inspection agency;
and
(iv) one person represents a food-oriented consumer group.
(b) Members shall serve without compensation. Members
appointed by the governor shall serve four-year terms.
Sec. 16. Minnesota Statutes 1996, section 28A.20, is
amended by adding a subdivision to read:
Subd. 6. [EXPIRATION.] This section expires on June 30,
2001.
Sec. 17. Minnesota Statutes 1996, section 31.95,
subdivision 3a, is amended to read:
Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota
grown organic product that is labeled "certified" must be
certified by a designated certification organization.
(b) A certified organic product sold in this state must be
certified by a designated certification organization or by a
certification organization approved by the commissioner. Before
approving a certification organization, the commissioner must
seek the evaluation and recommendation of the Minnesota organic
advisory task force.
(c) The commissioner shall appoint a Minnesota organic
advisory task force composed of members of the organic industry
to advise the commissioner on organic issues. Members of the
task force may not be paid compensation or costs for
expenses. The task force expires on June 30, 2001.
Sec. 18. Minnesota Statutes 1996, section 62Q.03,
subdivision 5a, is amended to read:
Subd. 5a. [PUBLIC PROGRAMS.] (a) A separate risk
adjustment system must be developed for state-run public
programs, including medical assistance, general assistance
medical care, and MinnesotaCare. The system must be developed
in accordance with the general risk adjustment methodologies
described in this section, must include factors in addition to
age and sex adjustment, and may include additional demographic
factors, different targeted conditions, and/or different payment
amounts for conditions. The risk adjustment system for public
programs must attempt to reflect the special needs related to
poverty, cultural, or language barriers and other needs of the
public program population.
(b) The commissioners of health and human services shall
jointly convene a public programs risk adjustment work group
responsible for advising the commissioners in the design of the
public programs risk adjustment system. The public programs
risk adjustment work group is governed by section 15.059 for
purposes of membership terms and removal of members and shall
terminate on June 30, 1999. The work group shall meet at the
discretion of the commissioners of health and human services.
The commissioner of health shall work with the risk adjustment
association to ensure coordination between the risk adjustment
systems for the public and private sectors. The commissioner of
human services shall seek any needed federal approvals necessary
for the inclusion of the medical assistance program in the
public programs risk adjustment system.
(c) The public programs risk adjustment work group must be
representative of the persons served by publicly paid health
programs and providers and health plans that meet their needs.
To the greatest extent possible, the appointing authorities
shall attempt to select representatives that have historically
served a significant number of persons in publicly paid health
programs or the uninsured. Membership of the work group shall
be as follows:
(1) one provider member appointed by the Minnesota Medical
Association;
(2) two provider members appointed by the Minnesota
Hospital Association, at least one of whom must represent a
major disproportionate share hospital;
(3) five members appointed by the Minnesota Council of
HMOs, one of whom must represent an HMO with fewer than 50,000
enrollees located outside the metropolitan area and one of whom
must represent an HMO with at least 50 percent of total
membership enrolled through a public program;
(4) two representatives of counties appointed by the
Association of Minnesota Counties;
(5) three representatives of organizations representing the
interests of families, children, childless adults, and elderly
persons served by the various publicly paid health programs
appointed by the governor;
(6) two representatives of persons with mental health,
developmental or physical disabilities, chemical dependency, or
chronic illness appointed by the governor; and
(7) three public members appointed by the governor, at
least one of whom must represent a community health board. The
risk adjustment association may appoint a representative, if a
representative is not otherwise appointed by an appointing
authority.
(d) The commissioners of health and human services, with
the advice of the public programs risk adjustment work group,
shall develop a work plan and time frame and shall coordinate
their efforts with the private sector risk adjustment
association's activities and other state initiatives related to
public program managed care reimbursement. The commissioners of
health and human services shall report to the health care
commission and to the appropriate legislative committees on
January 15, 1996, and on January 15, 1997, on any policy or
legislative changes necessary to implement the public program
risk adjustment system.
Sec. 19. Minnesota Statutes 1996, section 120.1701,
subdivision 3, is amended to read:
Subd. 3. [STATE INTERAGENCY COORDINATING COUNCIL.] An
interagency coordinating council of at least 17, but not more
than 25 members is established, in compliance with Public Law
Number 102-119, section 682. The members shall be appointed by
the governor. Council members shall elect the council chair.
The representative of the commissioner of children, families,
and learning may not serve as the chair. The council shall be
composed of at least five parents, including persons of color,
of children with disabilities under age 12, including at least
three parents of a child with a disability under age seven, five
representatives of public or private providers of services for
children with disabilities under age five, including a special
education director, county social service director, and a
community health services or public health nursing
administrator, one member of the senate, one member of the house
of representatives, one representative of teacher preparation
programs in early childhood-special education or other
preparation programs in early childhood intervention, at least
one representative of advocacy organizations for children with
disabilities under age five, one physician who cares for young
children with special health care needs, one representative each
from the commissioners of commerce, children, families, and
learning, health, human services, and economic security, and a
representative from Indian health services or a tribal council.
Section 15.059, subdivisions 2 to 5, apply to the council. The
council shall meet at least quarterly.
The council shall address methods of implementing the state
policy of developing and implementing comprehensive,
coordinated, multidisciplinary interagency programs of early
intervention services for children with disabilities and their
families.
The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and
local agency services for children under age five with
disabilities and their families. The policies must address how
to incorporate each agency's services into a unified state and
local system of multidisciplinary assessment practices,
individual intervention plans, comprehensive systems to find
children in need of services, methods to improve public
awareness, and assistance in determining the role of interagency
early intervention committees.
Each year by June 1, the council shall recommend to the
governor and the commissioners of children, families, and
learning, health, human services, commerce, and economic
security policies for a comprehensive and coordinated system.
Notwithstanding any other law to the contrary, the state
interagency coordinating council shall expire on June 30, 1997
1999.
Sec. 20. Minnesota Statutes 1996, section 124.48,
subdivision 3, is amended to read:
Subd. 3. [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota
Indian scholarship committee is established. Members shall be
appointed by the state board with the assistance of the Indian
affairs council as provided in section 3.922, subdivision 6.
Members shall be reimbursed for expenses as provided in section
15.059, subdivision 6. The state board shall determine the
membership terms and duration of the committee, which expires no
later than June 30, 1997 2001. The committee shall provide
advice to the state board in awarding scholarships to eligible
American Indian students and in administering the state board's
duties regarding awarding of American Indian post-secondary
preparation grants to school districts.
Sec. 21. Minnesota Statutes 1996, section 126.531,
subdivision 3, is amended to read:
Subd. 3. Each committee shall be reimbursed for expenses
according to section 15.059, subdivision 6. The state board
shall determine the membership terms and the duration of each
committee, which expire no later than June 30, 1997 2001.
Sec. 22. Minnesota Statutes 1996, section 126.56,
subdivision 5, is amended to read:
Subd. 5. [ADVISORY COMMITTEE.] An advisory committee shall
assist the state board of education in approving eligible
programs and shall assist the higher education services office
in planning, implementing, and evaluating the scholarship
program. The committee shall consist of 11 members, to include
the executive director of the higher education services office
or a representative, the commissioner of children, families, and
learning or a representative, two secondary school
administrators and two secondary teachers appointed by the
commissioner of children, families, and learning, the executive
director of the academic excellence foundation, a private
college representative appointed by the president of the
Minnesota private college council, a community college
representative and a state university representative appointed
by the chancellor of the Minnesota state colleges and
universities, and a University of Minnesota representative
appointed by the president of the University of Minnesota. The
committee expires June 30, 1997 2001.
Sec. 23. Minnesota Statutes 1996, section 134.31,
subdivision 5, is amended to read:
Subd. 5. [ADVISORY COMMITTEE.] The commissioner shall
appoint an advisory committee of five members to advise the
staff of the Minnesota library for the blind and physically
handicapped on long-range plans and library services. Members
shall be people who use the library. Section 15.059 governs
this committee except that the committee shall expire on June
30, 1997 2001.
Sec. 24. Minnesota Statutes 1996, section 144.672,
subdivision 1, is amended to read:
Subdivision 1. [RULE AUTHORITY.] The commissioner of
health shall collect cancer incidence information, analyze the
information, and conduct special studies designed to determine
the potential public health significance of an increase in
cancer incidence.
The commissioner shall adopt rules to administer the
system, collect information, and distribute data. The rules
must include, but not be limited to, the following:
(1) the type of data to be reported;
(2) standards for reporting specific types of data;
(3) payments allowed to hospitals, pathologists, and
registry systems to defray their costs in providing information
to the system;
(4) criteria relating to contracts made with outside
entities to conduct studies using data collected by the system.
The criteria may include requirements for a written protocol
outlining the purpose and public benefit of the study, the
description, methods, and projected results of the study, peer
review by other scientists, the methods and facilities to
protect the privacy of the data, and the qualifications of the
researcher proposing to undertake the study;
(5) specification of fees to be charged under section
13.03, subdivision 3, for all out-of-pocket expenses for data
summaries or specific analyses of data requested by public and
private agencies, organizations, and individuals, and which are
not otherwise included in the commissioner's annual summary
reports. Fees collected are appropriated to the commissioner to
offset the cost of providing the data; and
(6) establishment of a committee to assist the commissioner
in the review of system activities. The committee expires as
provided in section 15.059, subdivision 5. The committee is
governed by section 15.059, except it expires June 30, 2001.
Sec. 25. Minnesota Statutes 1996, section 145.881,
subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION OF TASK FORCE.] The
commissioner shall establish and appoint a maternal and child
health advisory task force consisting of 15 members who will
provide equal representation from:
(1) professionals with expertise in maternal and child
health services;
(2) representatives of community health boards as defined
in section 145A.02, subdivision 5; and
(3) consumer representatives interested in the health of
mothers and children.
No members shall be employees of the state department of
health. Task force members shall be appointed and removed as
provided in section 15.059, subdivisions 2 and 4. The maternal
and child health advisory task force shall terminate on the date
provided by section 15.059, subdivision 5, and members shall
receive compensation as provided in Section 15.059, subdivision
6 governs the maternal and child health advisory task force.
Sec. 26. Minnesota Statutes 1996, section 148.622,
subdivision 3, is amended to read:
Subd. 3. [MEMBERSHIP TERMS; OFFICERS; QUORUM; EXPENSES.]
(a) Members must be appointed for staggered terms of four years,
with terms beginning August 1 of each even-numbered year. The
terms of the initial board members shall must be determined by
lot as follows: three one member must be appointed for a term
that expires August 1, 2000; two members shall must be appointed
for terms that expire August 1, 1999 1998; two members must be
appointed for terms that expire August 1, 1997; and two members
must be appointed for terms that expire August 1, 1995. Members
of the board serve until the expiration of the term to which
they have been appointed or until their successors have
qualified. A person may not be appointed to serve more than two
consecutive terms.
(b) The board shall organize annually and select a chair
and vice-chair.
(c) Four members of the board, including two professional
members and two public members, constitute a quorum to do
business.
(d) The board shall hold at least two regular meetings each
year. Additional meetings may be held at the call of the chair
or at the written request of any three members of the board. At
least 14 days' written advance notice of the board meeting is
required.
(e) Board members receive compensation for their services
in accordance with section 15.0575.
Sec. 27. Minnesota Statutes 1996, section 161.1419,
subdivision 8, is amended to read:
Subd. 8. [EXPIRATION.] The commission shall expire on June
30, 1997 2001.
Sec. 28. Minnesota Statutes 1996, section 175.008, is
amended to read:
175.008 [CODE ENFORCEMENT ADVISORY COUNCIL; CREATION.]
The commissioner shall appoint an 11 member advisory
council on code enforcement. The terms, compensation, removal
of council members, and expiration of the council are governed
by section 15.059, except that the advisory council shall not
expire before June 30, 1995 2001. The council shall advise the
commissioner on matters within the council's expertise or under
the regulation of the commissioner.
Sec. 29. Minnesota Statutes 1996, section 178.02,
subdivision 2, is amended to read:
Subd. 2. [TERMS.] The council shall expire and the terms,
compensation and removal of appointed members shall be as
provided in section 15.059, except that the council shall not
expire before June 30, 1995 2001.
Sec. 30. Minnesota Statutes 1996, section 182.656,
subdivision 3, is amended to read:
Subd. 3. A majority of the council members constitutes a
quorum. The council shall meet at the call of its chair, or
upon request of any six members. A tape recording of the
meeting with the tape being retained for a one-year period will
be available upon the request and payment of costs to any
interested party. The council shall expire and the terms,
compensation, and removal of members shall be as provided in
section 15.059, except that the council shall not expire before
June 30, 1995 2001.
Sec. 31. Minnesota Statutes 1996, section 214.32,
subdivision 1, is amended to read:
Subdivision 1. [MANAGEMENT.] (a) A health professionals
services program committee is established, consisting of one
person appointed by each participating board, with each
participating board having one vote. The committee shall
designate one board to provide administrative management of the
program, set the program budget and the pro rata share of
program expenses to be borne by each participating board,
provide guidance on the general operation of the program,
including hiring of program personnel, and ensure that the
program's direction is in accord with its authority. No more
than half plus one of the members of the committee may be of one
gender.
(b) The designated board, upon recommendation of the health
professional services program committee, shall hire the program
manager and employees and pay expenses of the program from funds
appropriated for that purpose. The designated board may apply
for grants to pay program expenses and may enter into contracts
on behalf of the program to carry out the purposes of the
program. The participating boards shall enter into written
agreements with the designated board.
(c) An advisory committee is established to advise the
program committee consisting of:
(1) one member appointed by each of the following: the
Minnesota Academy of Physician Assistants, the Minnesota Dental
Association, the Minnesota Chiropractic Association, the
Minnesota Licensed Practical Nurse Association, the Minnesota
Medical Association, the Minnesota Nurses Association, and the
Minnesota Podiatric Medicine Association;
(2) one member appointed by each of the professional
associations of the other professions regulated by a
participating board not specified in clause (1); and
(3) two public members, as defined by section 214.02.
Members of the advisory committee shall be appointed for two
years and members may be reappointed.
No more than half plus one of the members of the committee
may be of one gender.
The advisory committee expires June 30, 1997 2001.
Sec. 32. Minnesota Statutes 1996, section 245.697,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] A state advisory council on
mental health is created. The council must have 30 members
appointed by the governor in accordance with federal
requirements. The council must be composed of:
(1) the assistant commissioner of mental health for the
department of human services;
(2) a representative of the department of human services
responsible for the medical assistance program;
(3) one member of each of the four core mental health
professional disciplines (psychiatry, psychology, social work,
nursing);
(4) one representative from each of the following advocacy
groups: mental health association of Minnesota, Minnesota
alliance for the mentally ill, and Minnesota mental health law
project;
(5) providers of mental health services;
(6) consumers of mental health services;
(7) family members of persons with mental illnesses;
(8) legislators;
(9) social service agency directors;
(10) county commissioners; and
(11) other members reflecting a broad range of community
interests, as the United States Secretary of Health and Human
Services may prescribe by regulation or as may be selected by
the governor.
The council shall select a chair. Terms, compensation, and
removal of members and filling of vacancies are governed by
section 15.059. The council does not expire as provided in
section 15.059. Notwithstanding provisions of section 15.059,
the council and its subcommittee on children's mental health do
not expire. The commissioner of human services shall provide
staff support and supplies to the council.
Sec. 33. Minnesota Statutes 1996, section 254A.035,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP TERMS, COMPENSATION, REMOVAL AND
EXPIRATION.] The membership of this council shall be composed of
17 persons who are American Indians and who are appointed by the
commissioner. The commissioner shall appoint one representative
from each of the following groups: Red Lake Band of Chippewa
Indians; Fond du Lac Band, Minnesota Chippewa Tribe; Grand
Portage Band, Minnesota Chippewa Tribe; Leech Lake Band,
Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa
Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation;
Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton
Sioux Indian Reservation; Upper Sioux Indian Reservation;
International Falls Northern Range; Duluth Urban Indian
Community; and two representatives from the Minneapolis Urban
Indian Community and two from the St. Paul Urban Indian
Community. The terms, compensation, and removal of American
Indian advisory council members shall be as provided in section
15.059. The council expires June 30, 1997 2001.
Sec. 34. Minnesota Statutes 1996, section 254A.04, is
amended to read:
254A.04 [CITIZENS ADVISORY COUNCIL.]
There is hereby created an alcohol and other drug abuse
advisory council to advise the department of human services
concerning the problems of alcohol and other drug dependency and
abuse, composed of ten members. Five members shall be
individuals whose interests or training are in the field of
alcohol dependency and abuse; and five members whose interests
or training are in the field of dependency and abuse of drugs
other than alcohol. The terms, compensation and removal of
members shall be as provided in section 15.059. The council
expires June 30, 1997 2001. The commissioner of human services
shall appoint members whose terms end in even-numbered years.
The commissioner of health shall appoint members whose terms end
in odd-numbered years.
Sec. 35. [EFFECTIVE DATE.]
This act is effective June 30, 1997.
Presented to the governor May 19, 1997
Signed by the governor May 20, 1997, 10:50 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes