Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 161-S.F.No. 1263
An act relating to state government; changing the
expiration dates of certain advisory councils and
committees and other multimember entities;
establishing the council of health boards; amending
Minnesota Statutes 2000, sections 6.65; 15.059,
subdivision 5; 15.50, subdivision 2; 16B.181,
subdivision 2; 16B.27, subdivision 3; 16B.76,
subdivision 1; 17.136; 18B.305, subdivision 3; 21.112,
subdivision 2; 28A.20; 43A.316, subdivision 4; 62J.15,
subdivision 1; 62J.46, subdivision 1; 62J.692,
subdivision 2; 62Q.03, subdivision 5a; 82B.05,
subdivision 1; 115A.12; 116P.06, subdivision 1;
122A.624, subdivision 2; 144.1481, subdivision 1;
144.672, subdivision 1; 144A.073, subdivisions 2, 3,
3c; 145A.10, subdivision 10; 148C.11, subdivision 3;
161.1419, subdivisions 2, 8; 161.17, subdivision 2;
174.55, subdivision 1; 175.007, subdivision 1;
175.008; 176.102, subdivision 3; 176.103, subdivision
3; 178.02, subdivision 2; 182.656, subdivision 3;
214.001, by adding a subdivision; 214.002, subdivision
1; 214.01, by adding a subdivision; 214.32,
subdivision 1; 248.10; 254A.03, subdivision 2;
256.482, subdivision 8; 256B.0917, subdivisions 1, 2;
256B.093, subdivision 1; 256B.69, subdivision 5b;
256E.115, subdivision 1; 268.29; 268A.02, subdivision
2; 402.03; proposing coding for new law in Minnesota
Statutes, chapters 214; 245; repealing Minnesota
Statutes 2000, sections 15.059, subdivision 5a, as
amended; 17.49, subdivision 1; 17.703; 17.76; 40A.14,
subdivision 3; 52.061; 60K.19, subdivision 4; 93.002;
97A.055, subdivision 4a; 124D.894; 124D.95,
subdivision 6; 134.31, subdivision 5; 137.342,
subdivision 2; 144A.31; 162.09, subdivision 2;
256B.071, subdivision 5; 256B.0911, subdivision 8;
256B.434, subdivision 13; 299A.295, subdivision 2;
299K.03, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 6.65, is
amended to read:
6.65 [MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.]
The state auditor shall prescribe minimum procedures and
the audit scope for auditing the books, records, accounts, and
affairs of local governments in Minnesota. The minimum scope
for audits of all local governments must include financial and
legal compliance audits for fiscal years ending after January
15, 1984. Audits of all school districts shall must include a
determination of compliance with uniform financial accounting
and reporting standards. The state auditor shall establish a
task force to promulgate an audit guide for legal compliance
audits. The task force must include, in consultation with
representatives of the state auditor, the attorney general,
towns, cities, counties, school districts, and private sector
public accountants.
Sec. 2. Minnesota Statutes 2000, 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 established before January 1, 1997, terminates June
30, 1997. An advisory council or committee established by law
and in existence after June 30, 1997, expires on the date
specified in the law establishing the group or on June 30, 2001
2003, whichever is sooner. This subdivision applies whether or
not the law 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. 3. Minnesota Statutes 2000, 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 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.
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. The authority for appointment of an advisory
committee does not expire. 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 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. 4. Minnesota Statutes 2000, section 16B.181,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS
INDUSTRIES.] (a) The commissioner of corrections, in
consultation with the commissioner of administration, shall
prepare updated lists of the items available for purchase from
department of corrections industries and annually forward a copy
of the most recent list to all public entities within the
state. A public entity that is supported in whole or in part
with funds from the state treasury may purchase items directly
from corrections industries. The bid solicitation process is
not required for these purchases.
(b) The commissioner of administration shall develop a
contract or contracts to enable public entities to purchase
items directly from corrections industries. The commissioner of
administration, in consultation with the commissioner of
corrections, shall determine the fair market price for listed
items. The commissioner of administration shall require that
all requests for bids or proposals, for items provided by
corrections industries, be forwarded to the commissioner of
corrections to enable corrections industries to submit bids.
The commissioner of corrections shall consult with the
commissioner of administration prior to introducing new products
to the state agency market.
(c) No public entity may evade the intent of this section
by adopting slight variations in specifications, when Minnesota
corrections industry items meet the reasonable needs and
specifications of the public entity.
(d) The commissioners of administration and corrections
shall develop annual performance measures outlining goals to
maximize inmate work program participation. The commissioners
of administration and corrections shall appoint cochairs for a
task force whose purpose is to determine additional methods to
achieve the performance goals for public entity purchasing. The
task force shall include representatives from the Minnesota
house of representatives, Minnesota senate, the Minnesota state
colleges and universities, University of Minnesota, Minnesota
League of Cities, Minnesota Association of Counties, and
administrators with purchasing responsibilities from the
Minnesota state departments of corrections, public safety,
finance, transportation, natural resources, human services,
health, and economic security. The task force required by this
paragraph expires June 30, 2003.
(e) If performance goals for public entity purchasing are
not achieved in two consecutive fiscal years, public entities
shall purchase items available from corrections industries. The
commissioner of administration shall be responsible for
notifying public entities of this requirement.
Sec. 5. Minnesota Statutes 2000, section 16B.27,
subdivision 3, is amended to read:
Subd. 3. [COUNCIL.] The governor's residence council
consists of the following 19 members: the commissioner; the
spouse, or a designee of the governor; the executive director of
the Minnesota state arts board; the director of the Minnesota
historical society; a member of the senate appointed pursuant to
the rules of the senate; a member of the house of
representatives appointed pursuant to the rules of the house of
representatives; 13 persons appointed by the governor including
one in the field of higher education, one member of the American
Society of Interior Designers, Minnesota Chapter, one member of
the American Institute of Architects, Minnesota chapter, one
member of the American Society of Landscape Architects,
Minnesota Chapter, one member of the family that donated the
governor's residence to the state, if available, and eight
public members with four public members' terms being coterminous
with the governor who appoints them. Members of the council
serve without compensation. Membership terms, removal, and
filling of vacancies for members appointed by the governor are
governed by section 15.0575. The council shall elect a chair
and a secretary from among its members. The council expires on
June 30, 2001 2003.
Sec. 6. Minnesota Statutes 2000, section 16B.76,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] (a) The construction codes
advisory council consists of the following members:
(1) the commissioner of administration or the
commissioner's designee representing the department's building
codes and standards division;
(2) the commissioner of health or the commissioner's
designee representing an environmental health section of the
department;
(3) the commissioner of public safety or the commissioner's
designee representing the department's state fire marshal
division;
(4) the commissioner of public service or the
commissioner's designee representing the department's energy
regulation and resource management division; and
(5) one member representing each of the following
occupations or entities, appointed by the commissioner of
administration:
(i) a certified building official;
(ii) a fire service representative;
(iii) a licensed architect;
(iv) a licensed engineer;
(v) a building owners and managers representative;
(vi) a licensed residential building contractor;
(vii) a commercial building contractor;
(viii) a heating and ventilation contractor;
(ix) a plumbing contractor;
(x) a representative of a construction and building trades
union; and
(xi) a local unit of government representative.
(b) For members who are not state officials or employees,
terms, compensation, removal, and the filling of vacancies are
governed by section 15.059. The council shall select one of its
members to serve as chair.
(c) The council expires June 30, 2001 2003.
Sec. 7. Minnesota Statutes 2000, 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 21 members, but, after June 30, 1999,
must include representatives from at least four environmental
organizations, eight livestock producers, four experts in soil
and water science, nutrient management, and animal husbandry,
one commercial solid manure applicator who is not a producer,
one commercial liquid manure applicator who is not a producer,
and one member from an organization representing local units of
government, and chairs of the senate and the house of
representatives committees that deal with agricultural policy or
the designees of the chairs. In addition, the departments of
agriculture, health, and natural resources, the pollution
control agency, board of water and soil resources, soil and
water conservation districts, the federal Natural Resource
Conservation Service, the association of Minnesota counties, and
the Farm Service Agency shall serve on the committee as ex
officio nonvoting members.
(c) 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.
(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.
(e) The commissioner of agriculture shall consult with the
advisory committee on establishing a list of manure management
research needs and priorities.
(f) The advisory committee shall advise the commissioners
on other appropriate matters.
(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, 2001 2003.
Sec. 8. Minnesota Statutes 2000, 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 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 2003.
Sec. 9. Minnesota Statutes 2000, 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 terms, compensation and removal of members shall be as
provided in section 15.059. The task force shall expire June
30, 2001 2003.
Sec. 10. Minnesota Statutes 2000, section 28A.20, is
amended to read:
28A.20 [FOOD SAFETY ADVISORY COMMITTEE TASK FORCE.]
Subdivision 1. [ESTABLISHMENT.] A food safety advisory
committee task force is established to advise the commissioner
and the legislature on food issues and food safety.
Subd. 2. [MEMBERSHIP.] (a) The food safety advisory
committee task force 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;
(6) one person from the University of Minnesota
knowledgeable in food and food safety issues; and
(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.
Subd. 3. [ORGANIZATION.] (a) The committee task force
shall meet monthly or as determined by the chair.
(b) The members of the committee task force shall annually
elect a chair and other officers as they determine necessary.
Subd. 4. [STAFF.] The commissioner of agriculture shall
provide support staff, office space, and administrative services
for the committee task force.
Subd. 5. [DUTIES.] The committee task force shall:
(1) coordinate educational efforts about various aspects of
food safety;
(2) provide advice and coordination to state agencies as
requested by the agencies;
(3) serve as a source of information and referral for the
public, news media, and others concerned with food safety; and
(4) make recommendations to Congress, the legislature, and
others about appropriate action to improve food safety in the
state.
Subd. 6. [EXPIRATION.] This section expires on June
30, 2001 2003.
Sec. 11. Minnesota Statutes 2000, section 43A.316,
subdivision 4, is amended to read:
Subd. 4. [LABOR-MANAGEMENT COMMITTEE.] The
labor-management committee consists of ten members appointed by
the commissioner. The labor-management committee must comprise
five members who represent employees, including at least one
retired employee, and five members who represent eligible
employers. Committee members are eligible for expense
reimbursement in the same manner and amount as authorized by the
commissioner's plan adopted under section 43A.18, subdivision
2. The commissioner shall consult with the labor-management
committee in major decisions that affect the program. The
committee shall study issues relating to the insurance program
including, but not limited to, flexible benefits, utilization
review, quality assessment, and cost efficiency. The committee
continues to exist while the program remains in operation.
Sec. 12. Minnesota Statutes 2000, section 62J.15,
subdivision 1, is amended to read:
Subdivision 1. [HEALTH TECHNOLOGY ADVISORY COMMITTEE.] The
legislative commission on health care access may convene or
authorize the commissioner of health to convene an advisory
committee to conduct evaluations of existing research and
technology assessments conducted by other entities of new and
existing health care technologies as designated by the
legislative commission on health care access, the commissioner,
or the advisory committee. The advisory committee must include
at least one person representing physicians, at least one person
representing hospitals, and at least one person representing the
health care technology industry. Health care technologies
include high-cost drugs, devices, procedures, or processes
applied to human health care, such as high-cost transplants and
expensive scanners and imagers. The advisory committee is
governed by section 15.0575, subdivision 3, except that members
do not receive per diem payments.
Sec. 13. Minnesota Statutes 2000, section 62J.46,
subdivision 1, is amended to read:
Subdivision 1. [LONG-TERM CARE COSTS.] The commissioner,
with the advice of the interagency long-term care planning
committee established under section 144A.31, shall use existing
state data resources to monitor trends in public and private
spending on long-term care costs and spending in Minnesota. The
commissioner shall recommend to the legislature any additional
data collection activities needed to monitor these trends.
State agencies collecting information on long-term care spending
and costs shall coordinate with the interagency long-term care
planning committee and the commissioner to facilitate the
monitoring of long-term care expenditures in the state.
Sec. 14. Minnesota Statutes 2000, section 62J.692,
subdivision 2, is amended to read:
Subd. 2. [MEDICAL EDUCATION AND RESEARCH ADVISORY
COMMITTEE.] The commissioner shall appoint an advisory committee
to provide advice and oversight on the distribution of funds
appropriated for distribution under this section. In appointing
the members, the commissioner shall:
(1) consider the interest of all stakeholders;
(2) appoint members that represent both urban and rural
interests; and
(3) appoint members that represent ambulatory care as well
as inpatient perspectives.
The commissioner shall appoint to the advisory committee
representatives of the following groups to ensure appropriate
representation of all eligible provider groups and other
stakeholders: public and private medical researchers; public
and private academic medical centers, including representatives
from academic centers offering accredited training programs for
physicians, pharmacists, chiropractors, dentists, nurses, and
physician assistants; managed care organizations; employers;
consumers and other relevant stakeholders. The advisory
committee is governed by section 15.059 for membership terms and
removal of members and expires on June 30, 2001.
Sec. 15. Minnesota Statutes 2000, 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, expiration, and removal of
members. 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.
(e) Before including risk adjustment in a contract for the
prepaid medical assistance program, the prepaid general
assistance medical care program, or the MinnesotaCare program,
the commissioner of human services shall provide to the
contractor an analysis of the expected impact on the contractor
of the implementation of risk adjustment. This analysis may be
limited by the available data and resources, as determined by
the commissioner, and shall not be binding on future contract
periods. This paragraph shall not apply if the contractor has
not supplied information to the commissioner related to the risk
adjustment analysis.
(f) The commissioner of human services shall report to the
public program risk adjustment work group on the methodology the
department will use for risk adjustment prior to implementation
of the risk adjustment payment methodology. Upon completion of
the report to the work group, the commissioner shall phase in
risk adjustment according to the following schedule:
(1) for the first contract year, no more than ten percent
of reimbursements shall be risk adjusted; and
(2) for the second contract year, no more than 30 percent
of reimbursements shall be risk adjusted.
Sec. 16. Minnesota Statutes 2000, section 82B.05,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] The real estate appraiser
advisory board consists of 15 members appointed by the
commissioner of commerce. Three of the members must be public
members, four must be consumers of appraisal services, and eight
must be real estate appraisers of whom not less than two members
shall be registered real property appraisers, licensed real
property appraisers, or certified residential real property
appraisers and not less than two members shall be certified
general real property appraisers. The board is governed by
section 15.0575.
Sec. 17. Minnesota Statutes 2000, section 115A.12, is
amended to read:
115A.12 [ADVISORY COUNCILS.]
(a) The director shall establish a solid waste management
advisory council and a prevention, reduction, and recycling
advisory council that are broadly representative of the
geographic areas and interests of the state.
(b) The solid waste council shall have not less than nine
nor more than 21 members. The membership of the solid waste
council shall consist of one-third citizen representatives,
one-third representatives from local government units, and
one-third representatives from private solid waste management
firms. The solid waste council shall contain at least three
members experienced in the private recycling industry and at
least one member experienced in each of the following areas:
state and municipal finance; solid waste collection, processing,
and disposal; and solid waste reduction and resource recovery.
(c) The prevention, reduction, and recycling advisory
council shall have not less than nine nor more than 24 members.
The membership shall consist of one-third citizen
representatives, one-third representatives of government, and
one-third representatives of business and industry. The
director may appoint nonvoting members from other environmental
and business assistance providers in the state.
(d) The chairs of the advisory councils shall be appointed
by the director. The director shall provide administrative and
staff services for the advisory councils. The advisory councils
shall have such duties as are assigned by law or the director.
The solid waste advisory council shall make recommendations to
the office on its solid waste management activities. The
prevention, reduction, and recycling advisory council shall make
recommendations to the office on policy, programs, and
legislation in pollution prevention, waste reduction, reuse and
recycling, resource conservation, and the management of
hazardous waste. Members of the advisory councils shall serve
without compensation but shall be reimbursed for their
reasonable expenses as determined by the
director. Notwithstanding section 15.059, subdivision 5, the
solid waste management advisory council and the prevention,
reduction, and recycling advisory council expire June 30, 2001
2003.
Sec. 18. Minnesota Statutes 2000, section 116P.06,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] (a) An advisory committee of
11 citizen members shall be appointed by the governor to advise
the legislative commission on Minnesota resources on project
proposals to receive funding from the trust fund and the
development of budget and strategic plans. The governor shall
appoint at least one member from each congressional district.
The governor members shall appoint elect the chair.
(b) The governor's appointees must be confirmed with the
advice and consent of the senate. The membership terms,
compensation, removal, and filling of vacancies for citizen
members of the advisory committee are governed by section
15.0575. Notwithstanding section 15.059, subdivision 5, or
other law to the contrary, the advisory committee does not
expire.
Sec. 19. Minnesota Statutes 2000, section 122A.624,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY TASK FORCE; PROGRAM IMPLEMENTATION.]
The commissioner of children, families, and learning shall
develop and maintain a program of educational effectiveness and
results-oriented education. The commissioner may appoint an
advisory task force to assist the department of children,
families, and learning in developing an implementation program
for providing staff development to school district staff in
educational effectiveness. The program shall be based on
established principles of instructional design and the essential
elements of effective instruction as determined by educational
research. The program shall take into account the diverse needs
of the school districts due to such factors as district size and
location.
Sec. 20. Minnesota Statutes 2000, section 144.1481,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] The
commissioner of health shall establish a 15-member rural health
advisory committee. The committee shall consist of the
following members, all of whom must reside outside the
seven-county metropolitan area, as defined in section 473.121,
subdivision 2:
(1) two members from the house of representatives of the
state of Minnesota, one from the majority party and one from the
minority party;
(2) two members from the senate of the state of Minnesota,
one from the majority party and one from the minority party;
(3) a volunteer member of an ambulance service based
outside the seven-county metropolitan area;
(4) a representative of a hospital located outside the
seven-county metropolitan area;
(5) a representative of a nursing home located outside the
seven-county metropolitan area;
(6) a medical doctor or doctor of osteopathy licensed under
chapter 147;
(7) a midlevel practitioner;
(8) a registered nurse or licensed practical nurse;
(9) a licensed health care professional from an occupation
not otherwise represented on the committee;
(10) a representative of an institution of higher education
located outside the seven-county metropolitan area that provides
training for rural health care providers; and
(11) three consumers, at least one of whom must be an
advocate for persons who are mentally ill or developmentally
disabled.
The commissioner will make recommendations for committee
membership. Committee members will be appointed by the
governor. In making appointments, the governor shall ensure
that appointments provide geographic balance among those areas
of the state outside the seven-county metropolitan area. The
chair of the committee shall be elected by the members. The
terms, compensation, and removal of members are advisory
committee is governed by section 15.059, except that
the existence of the committee does not terminate and members do
not receive per diem compensation.
Sec. 21. Minnesota Statutes 2000, 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; and
(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 is governed
by section 15.059, except it expires June 30, 2001.
Sec. 22. Minnesota Statutes 2000, section 144A.073,
subdivision 2, is amended to read:
Subd. 2. [REQUEST FOR PROPOSALS.] At the authorization by
the legislature of additional medical assistance expenditures
for exceptions to the moratorium on nursing homes, the
interagency committee commissioner shall publish in the State
Register a request for proposals for nursing home projects to be
licensed or certified under section 144A.071, subdivision 4a,
clause (c). The public notice of this funding and the request
for proposals must specify how the approval criteria will be
prioritized by the advisory review panel, the interagency
long-term care planning committee, and the commissioner. The
notice must describe the information that must accompany a
request and state that proposals must be submitted to the
interagency committee commissioner within 90 days of the date of
publication. The notice must include the amount of the
legislative appropriation available for the additional costs to
the medical assistance program of projects approved under this
section. If no money is appropriated for a year, the
interagency committee commissioner shall publish a notice to
that effect, and no proposals shall be requested. If money is
appropriated, the interagency committee commissioner shall
initiate the application and review process described in this
section at least twice each biennium and up to four times each
biennium, according to dates established by rule. Authorized
funds shall be allocated proportionally to the number of
processes. Funds not encumbered by an earlier process within a
biennium shall carry forward to subsequent iterations of the
process. Authorization for expenditures does not carry forward
into the following biennium. To be considered for approval, a
proposal must include the following information:
(1) whether the request is for renovation, replacement,
upgrading, conversion, or relocation;
(2) a description of the problem the project is designed to
address;
(3) a description of the proposed project;
(4) an analysis of projected costs of the nursing facility
proposal, which are not required to exceed the cost threshold
referred to in section 144A.071, subdivision 1, to be considered
under this section, including initial construction and
remodeling costs; site preparation costs; financing costs,
including the current estimated long-term financing costs of the
proposal, which consists of estimates of the amount and sources
of money, reserves if required under the proposed funding
mechanism, annual payments schedule, interest rates, length of
term, closing costs and fees, insurance costs, and any completed
marketing study or underwriting review; and estimated operating
costs during the first two years after completion of the
project;
(5) for proposals involving replacement of all or part of a
facility, the proposed location of the replacement facility and
an estimate of the cost of addressing the problem through
renovation;
(6) for proposals involving renovation, an estimate of the
cost of addressing the problem through replacement;
(7) the proposed timetable for commencing construction and
completing the project;
(8) a statement of any licensure or certification issues,
such as certification survey deficiencies;
(9) the proposed relocation plan for current residents if
beds are to be closed so that the department of human services
can estimate the total costs of a proposal; and
(10) other information required by permanent rule of the
commissioner of health in accordance with subdivisions 4 and 8.
Sec. 23. Minnesota Statutes 2000, section 144A.073,
subdivision 3, is amended to read:
Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the
limits of money specifically appropriated to the medical
assistance program for this purpose, the interagency long-term
care planning committee may recommend that the commissioner of
health may grant exceptions to the nursing home licensure or
certification moratorium for proposals that satisfy the
requirements of this section. The interagency committee shall
appoint an advisory review panel composed of representatives of
consumers and providers to review proposals and provide comments
and recommendations to the committee. The commissioners of
human services and health shall provide staff and technical
assistance to the committee for the review and analysis of
proposals. The interagency committee shall hold a public
hearing before submitting recommendations to the commissioner of
health on project requests. The committee shall submit
recommendations within 150 days of the date of the publication
of the notice. The commissioner of health shall approve or
disapprove a project within 30 days after receiving the
committee's recommendations. The advisory review panel, the
committee, and the commissioner of health shall base their
recommendations, approvals, or disapprovals on a comparison and
ranking of proposals using only the criteria in subdivision 4
and in rules adopted by the commissioner. The cost to the
medical assistance program of the proposals approved must be
within the limits of the appropriations specifically made for
this purpose. Approval of a proposal expires 18 months after
approval by the commissioner of health unless the facility has
commenced construction as defined in section 144A.071,
subdivision 1a, paragraph (d). The committee's report to the
legislature, as required under section 144A.31, must include the
projects approved, the criteria used to recommend proposals for
approval, and the estimated costs of the projects, including the
costs of initial construction and remodeling, and the estimated
operating costs during the first two years after the project is
completed.
Sec. 24. Minnesota Statutes 2000, section 144A.073,
subdivision 3c, is amended to read:
Subd. 3c. [COST NEUTRAL RELOCATION PROJECTS.] (a)
Notwithstanding subdivision 3, the interagency committee
commissioner may at any time accept proposals, or amendments to
proposals previously approved under this section, for
relocations that are cost neutral with respect to state costs as
defined in section 144A.071, subdivision 5a. The committee
commissioner, in consultation with the commissioner of human
services, shall review these applications and make
recommendations to the commissioner within 90 days. The
committee must evaluate proposals according to subdivision 4,
clauses (1), (2), and (3), and other criteria established in
rule. The commissioner shall approve or disapprove a project
within 30 90 days of receiving the committee's recommendation.
Proposals and amendments approved under this subdivision are not
subject to the six-mile limit in subdivision 5, paragraph (e).
(b) For the purposes of paragraph (a), cost neutrality
shall be measured over the first three 12-month periods of
operation after completion of the project.
Sec. 25. Minnesota Statutes 2000, section 145A.10,
subdivision 10, is amended to read:
Subd. 10. [STATE AND LOCAL ADVISORY COMMITTEES.] (a) A
state community health advisory committee is established to
advise, consult with, and make recommendations to the
commissioner on the development, maintenance, funding, and
evaluation of community health services. Section 15.059,
subdivision 5, applies to this committee. Each community health
board may appoint a member to serve on the committee. The
committee must meet at least quarterly, and special meetings may
be called by the committee chair or a majority of the members.
Members or their alternates may receive a per diem and must be
reimbursed for travel and other necessary expenses while engaged
in their official duties.
(b) The city councils or county boards that have
established or are members of a community health board must
appoint a community health advisory committee to advise, consult
with, and make recommendations to the community health board on
matters relating to the development, maintenance, funding, and
evaluation of community health services. The committee must
consist of at least five members and must be generally
representative of the population and health care providers of
the community health service area. The committee must meet at
least three times a year and at the call of the chair or a
majority of the members. Members may receive a per diem and
reimbursement for travel and other necessary expenses while
engaged in their official duties.
(c) State and local advisory committees must adopt bylaws
or operating procedures that specify the length of terms of
membership, procedures for assuring that no more than half of
these terms expire during the same year, and other matters
relating to the conduct of committee business. Bylaws or
operating procedures may allow one alternate to be appointed for
each member of a state or local advisory committee. Alternates
may be given full or partial powers and duties of members.
Sec. 26. Minnesota Statutes 2000, section 148C.11,
subdivision 3, is amended to read:
Subd. 3. [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.]
(a) Alcohol and drug counselors licensed to practice alcohol and
drug counseling according to standards established by federally
recognized tribes, while practicing under tribal jurisdiction,
are exempt from the requirements of this chapter. In practicing
alcohol and drug counseling under tribal jurisdiction,
individuals licensed under that authority shall be afforded the
same rights, responsibilities, and recognition as persons
licensed pursuant to this chapter.
(b) The commissioner shall develop special licensing
criteria for issuance of a license to alcohol and drug
counselors who: (1) practice alcohol and drug counseling with a
member of an ethnic minority population or with a person with a
disability as defined by rule; or (2) are employed by agencies
whose primary agency service focus addresses ethnic minority
populations or persons with a disability as defined by rule.
These licensing criteria may differ from the licensing criteria
specified in section 148C.04. To develop, implement, and
evaluate the effect of these criteria, the commissioner shall
establish a committee comprised of, but not limited to,
representatives from the Minnesota commission serving deaf and
hard-of-hearing people, the council on affairs of Chicano/Latino
people, the council on Asian-Pacific Minnesotans, the council on
Black Minnesotans, the council on disability, and the Indian
affairs council. The committee does not expire.
Sec. 27. Minnesota Statutes 2000, section 161.1419,
subdivision 2, is amended to read:
Subd. 2. [MEMBERS.] (a) The commission shall be composed
of ten 15 members of which whom:
(1) one shall be appointed by the commissioner of
transportation,;
(2) one shall be appointed by the commissioner of natural
resources,;
(3) one shall be appointed by the commissioner of trade and
economic development,;
(4) one shall be appointed by the commissioner of
agriculture,;
(5) one shall be appointed by the director of the Minnesota
historical society,;
(6) two shall be members of the senate to be appointed by
the committee on committees, and;
(7) two shall be members of the house of representatives to
be appointed by the speaker. The tenth member;
(8) one shall be the secretary appointed pursuant to
subdivision 3.; and
(9) five shall be citizen members appointed by five citizen
committees established by the members appointed under clauses
(1) to (8), with each citizen committee established within and
representing each of the following geographic segments along the
Mississippi river:
(i) Lake Itasca to but not including the city of Grand
Rapids;
(ii) Grand Rapids to but not including the city of
Brainerd;
(iii) Brainerd to but not including the city of Elk River;
(iv) Elk River to but not including the city of Hastings;
and
(v) Hastings to the Iowa border.
Each citizen committee member shall be a resident of the
geographic segment that the committee and member represents.
(b) The members of the commission shall be selected
immediately after May 27, 1963, and shall serve for a term
expiring at the close of the next each regular session of the
legislature and until their successors are appointed. Successor
members shall be appointed at the close of each regular session
of the legislature by the same appointing authorities. Members
may be reappointed. Any vacancy shall be filled by the
appointing authority. The commissioner of transportation, the
commissioner of natural resources, and the director of the
Minnesota historical society shall be ex officio members, and
shall be in addition to the ten 15 members heretofore provided
for. Immediately upon making the appointments to the commission
the appointing authorities shall so notify the Mississippi river
parkway commission, hereinafter called the national commission,
giving the names and addresses of the members so appointed.
Sec. 28. Minnesota Statutes 2000, section 161.1419,
subdivision 8, is amended to read:
Subd. 8. [EXPIRATION.] The commission shall expire on June
30, 2001 2003.
Sec. 29. Minnesota Statutes 2000, section 161.17,
subdivision 2, is amended to read:
Subd. 2. [INTERSTATE SYSTEM.] (a) It is hereby declared
that construction of the interstate system of highways will
vitally affect the future development of the cities through
which these routes pass and such municipalities should have an
important role in the development of this highway system; that
on the other hand the future planning and programming of
construction projects over a period of years is necessary to
take maximum advantage of federal aid and to build a unified and
coordinated interstate system; that excessive delay in local
approval of plans for construction of one segment may seriously
impede completion of the entire system and adversely affect
other municipalities along the interstate routes; that the
mutual exchange of information and close cooperation between the
department and local governing bodies should be encouraged by
improved administrative processes for securing orderly review of
plans and the resolution of differences over interstate routes
and projects; and that the provisions of sections 161.171 to
161.177 for local approval of trunk highway plans must be
modified for the interstate highway system in the light of these
various considerations. Before proceeding with the preparation
of the final plans for the construction, reconstruction, or
improvement of any route on the interstate system lying within
any city, the commissioner shall submit to its governing body
preliminary plans covering the route location. The preliminary
plans shall be submitted as part of a report containing such
supporting data that the commissioner deems helpful to the
governing body in appraising the plans submitted.
(b) Any public hearing on location of an interstate route
held in compliance with federal requirements shall be held at
least one month after submission to the governing body of the
report provided for in this subdivision. After the public
hearing and on preparing final plans, the commissioner shall
submit the final plans to the governing body for approval. If
the governing body does not approve the final plans within three
months after submitted, the commissioner may refer the plans to
(1) the Twin Cities Metropolitan Area Planning Commission
metropolitan council, if the project is within the area of its
jurisdiction, or (2) the municipal advisory committee on
state-aid rules established under section 162.09, subdivision 2,
if the project is elsewhere in the state. If a member of the
advisory committee is from the municipality concerned that
member shall be excused. If the plans are so referred,
the commission council or committee shall give the commissioner
and the governing body ample opportunity to present the case for
or against approval of the plans so referred. Not later than
three months after such hearings and independent study as it
deems desirable, it shall approve or disapprove such plans,
making such additional recommendations consistent with state and
federal requirements as it deems appropriate, and it shall
submit a written report containing its findings and
recommendations to the commissioner and the governing body. The
commissioner shall not proceed with the proposed construction,
reconstruction, or improvement except in accordance with plans
approved by the governing body or, if referred to the commission
council or committee, until after the commission council or
committee has made its report, and then only after the governing
body has had an additional 90 days within which to consider the
plans originally submitted or such modified plans as may be
submitted to it by the commissioner following the report of the
commission council or committee. If within such 90-day period,
the governing body does not approve the plans submitted to it,
and if the commissioner then wishes to proceed with the project
according to plans differing substantially from the plans
recommended by the commission council or committee in its
report, the commissioner shall, before proceeding with the
project, file a written report with the commission council or
committee and the governing body stating fully the reasons for
doing so. Whenever plans are referred to the Twin Cities
Metropolitan Area Planning Commission metropolitan council,
the commission council shall be reimbursed from the trunk
highway fund for actual and necessary expenses incurred by
the commission council in staff work incident to consideration
of plans and action thereon by the commission council. Whenever
plans are referred to the advisory committee on rules, members
of the committee shall be paid their necessary expenses to the
same extent and in the same manner as for its duties in
considering the commissioner's rules.
Sec. 30. Minnesota Statutes 2000, section 174.55,
subdivision 1, is amended to read:
Subdivision 1. [CREATION AND PURPOSE.] A The major
transportation projects commission is created to shall review
and comment on proposed major transportation projects in which
the department of transportation is involved. The commission
does not expire.
Sec. 31. Minnesota Statutes 2000, section 175.007,
subdivision 1, is amended to read:
Subdivision 1. [CREATION; COMPOSITION.] (a) There is
created a permanent council on workers' compensation consisting
of 12 voting members as follows: the presidents of the largest
statewide Minnesota business and organized labor organizations
as measured by the number of employees of its business members
and in its affiliated labor organizations in Minnesota on July
1, 1992, and every five years thereafter; five additional
members representing business, and five additional members
representing organized labor. The commissioner of labor and
industry shall serve as chair of the council and shall be a
nonvoting member. Notwithstanding section 15.059, this council
does not expire unless the council no longer fulfills the
purpose for which the council was established, the council has
not met in the last 18 months, or the council does not comply
with the registration requirements of section 15.0599,
subdivision 3.
(b) The governor, the majority leader of the senate, the
speaker of the house of representatives, the minority leader of
the senate, and the minority leader of the house of
representatives shall each select a business and a labor
representative. At least four of the labor representatives
shall be chosen from the affiliated membership of the Minnesota
AFL-CIO. At least two of the business representatives shall be
representatives of small employers as defined in section 177.24,
subdivision 1, paragraph (a), clause (2). None of the council
members shall represent attorneys, health care providers,
qualified rehabilitation consultants, or insurance companies.
If the appointing officials cannot agree on a method of
appointing the required number of Minnesota AFL-CIO and small
business representatives by the second Monday in June of the
year in which appointments are made, they shall notify the
secretary of state. The distribution of appointments shall then
be determined publicly by lot by the secretary of state or a
designee in the presence of the appointing officials or their
designees on the third Monday in June.
(c) Each council member shall appoint an alternate.
Alternates shall serve in the absence of the member they replace.
(d) The ten appointed voting members shall serve for terms
of five years and may be reappointed.
(e) The council shall designate liaisons to the council
representing workers' compensation insurers; medical, hospital,
and rehabilitation providers; and the legal profession. The
speaker and minority leader of the house of representatives
shall each appoint a caucus member as a liaison to the council.
The majority and minority leaders of the senate shall each
appoint a caucus member to serve as a liaison to the council.
(f) The compensation and removal of members shall be as
provided in section 15.059.
Sec. 32. Minnesota Statutes 2000, 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, 2001 2003. The council shall advise the
commissioner on matters within the council's expertise or under
the regulation of the commissioner.
Sec. 33. Minnesota Statutes 2000, section 176.102,
subdivision 3, is amended to read:
Subd. 3. [REVIEW PANEL.] There is created a rehabilitation
review panel composed of the commissioner or a designee, who
shall serve as an ex officio member and two members each from
employers, insurers, rehabilitation, and medicine, one member
representing chiropractors, and four members representing
labor. The members shall be appointed by the commissioner and
shall serve four-year terms which may be renewed. Terms,
compensation, and removal for members shall be governed by
section 15.0575. Notwithstanding section 15.059, this panel
does not expire unless the panel no longer fulfills the purpose
for which the panel was established, the panel has not met in
the last 18 months, or the panel does not comply with the
registration requirements of section 15.0599, subdivision 3.
The panel shall select a chair. The panel shall review and make
a determination with respect to appeals from orders of the
commissioner regarding certification approval of qualified
rehabilitation consultants and vendors. The hearings are de
novo and initiated by the panel under the contested case
procedures of chapter 14, and are appealable to the workers'
compensation court of appeals in the manner provided by section
176.421.
Sec. 34. Minnesota Statutes 2000, section 176.103,
subdivision 3, is amended to read:
Subd. 3. [MEDICAL SERVICES REVIEW BOARD; SELECTION;
POWERS.] (a) There is created a medical services review board
composed of the commissioner or the commissioner's designee as
an ex officio member, two persons representing chiropractic, one
person representing hospital administrators, one physical
therapist, and six physicians representing different specialties
which the commissioner determines are the most frequently
utilized by injured employees. The board shall also have one
person representing employees, one person representing employers
or insurers, and one person representing the general public.
The members shall be appointed by the commissioner and shall be
governed by section 15.0575. Terms of the board's members may
be renewed. The board may appoint from its members whatever
subcommittees it deems appropriate. Notwithstanding section
15.059, this board does not expire unless the board no longer
fulfills the purpose for which the board was established, the
board has not met in the last 18 months, or the board does not
comply with the registration requirements of section 15.0599,
subdivision 3.
The commissioner may appoint alternates for one-year terms
to serve as a member when a member is unavailable. The number
of alternates shall not exceed one chiropractor, one physical
therapist, one hospital administrator, three physicians, one
employee representative, one employer or insurer representative,
and one representative of the general public.
The board shall review clinical results for adequacy and
recommend to the commissioner scales for disabilities and
apportionment.
The board shall review and recommend to the commissioner
rates for individual clinical procedures and aggregate costs.
The board shall assist the commissioner in accomplishing public
education.
In evaluating the clinical consequences of the services
provided to an employee by a clinical health care provider, the
board shall consider the following factors in the priority
listed:
(1) the clinical effectiveness of the treatment;
(2) the clinical cost of the treatment; and
(3) the length of time of treatment.
The board shall advise the commissioner on the adoption of
rules regarding all aspects of medical care and services
provided to injured employees.
(b) The medical services review board may upon petition
from the commissioner and after hearing, issue a warning, a
penalty of $200 per violation, a restriction on providing
treatment that requires preauthorization by the board,
commissioner, or compensation judge for a plan of treatment,
disqualify, or suspend a provider from receiving payment for
services rendered under this chapter if a provider has violated
any part of this chapter or rule adopted under this chapter, or
where there has been a pattern of, or an egregious case of,
inappropriate, unnecessary, or excessive treatment by a provider.
The hearings are initiated by the commissioner under the
contested case procedures of chapter 14. The board shall make
the final decision following receipt of the recommendation of
the administrative law judge. The board's decision is
appealable to the workers' compensation court of appeals in the
manner provided by section 176.421.
(c) The board may adopt rules of procedure. The rules may
be joint rules with the rehabilitation review panel.
Sec. 35. Minnesota Statutes 2000, 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, 2001 2003.
Sec. 36. Minnesota Statutes 2000, 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, 2001 2003.
Sec. 37. Minnesota Statutes 2000, section 214.001, is
amended by adding a subdivision to read:
Subd. 4. [INFORMATION FROM COUNCIL OF HEALTH BOARDS.] The
chair of a standing committee in either house of the legislature
may request information from the council of health boards on
proposals relating to the regulation of health occupations.
Sec. 38. Minnesota Statutes 2000, section 214.002,
subdivision 1, is amended to read:
Subdivision 1. [WRITTEN REPORT.] Within 15 days of the
introduction of a bill proposing new or expanded regulation of
an occupation, the proponents of the new or expanded regulation
shall submit a written report to the chair of the standing
committee in each house of the legislature to which the bill was
referred and to the council of health boards setting out the
information required by this section. If a committee chair
requests that the report be submitted earlier, but no fewer than
five days from introduction of the bill, the proponents shall
comply with the request.
Sec. 39. Minnesota Statutes 2000, section 214.01, is
amended by adding a subdivision to read:
Subd. 1a. [COUNCIL OF HEALTH BOARDS.] "Council of health
boards" means a collaborative body established by the
health-related licensing boards.
Sec. 40. [214.025] [COUNCIL OF HEALTH BOARDS.]
The health-related licensing boards may establish a council
of health boards consisting of representatives of the
health-related licensing boards and the emergency medical
services regulatory board. When reviewing legislation or
legislative proposals relating to the regulation of health
occupations, the council shall include the commissioner of
health or a designee.
Sec. 41. Minnesota Statutes 2000, 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. If the
participating boards change which board is designated to provide
administrative management of the program, any appropriation
remaining for the program shall transfer to the newly designated
board on the effective date of the change. The participating
boards must inform the appropriate legislative committees and
the commissioner of finance of any change in the administrative
management of the program, and the amount of any appropriation
transferred under this provision.
(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.
The advisory committee expires June 30, 2001 2003.
Sec. 42. [245.699] [AMERICAN INDIAN MENTAL HEALTH ADVISORY
COUNCIL.]
The commissioner shall appoint an American Indian mental
health advisory council to help formulate policies and
procedures relating to Indian mental health services and
programs and to make recommendations regarding approval of
grants provided under section 245.713, subdivision 2. The
council consists of 15 members appointed by the commissioner and
must include representatives who are authorized by tribal
resolution from each of the 11 Minnesota reservations; one
representative from the Duluth urban Indian community; two from
the Minneapolis urban Indian community; and one from the St.
Paul urban Indian community. Representatives from the urban
Indian communities must be selected through an open appointments
process under section 15.059. The terms, compensation, and
removal of American Indian mental health advisory council
members are governed by section 15.059.
Sec. 43. Minnesota Statutes 2000, section 248.10, is
amended to read:
248.10 [REHABILITATION ADVISORY COUNCIL FOR THE BLIND.]
The commissioner shall establish a rehabilitation advisory
council for the blind consistent with the federal Rehabilitation
Act of 1973, Public Law Number 93-112, as amended. Advisory
Council members shall be compensated as provided in section
15.059, subdivision 3. Members of the council for the blind
appointed before July 1, 1993, shall serve on the advisory
council until the end of their appointed terms. The advisory
council shall advise the commissioner about programs of the
division of state services for the blind and visually disabled.
The advisory council is limited to 15 members, a majority of
whom must be blind or visually disabled.
Sec. 44. Minnesota Statutes 2000, section 254A.03,
subdivision 2, is amended to read:
Subd. 2. [AMERICAN INDIAN PROGRAMS.] There is hereby
created a section of American Indian programs, within the
alcohol and drug abuse section of the department of human
services, to be headed by a special assistant for American
Indian programs on alcoholism and drug abuse and an assistant
two assistants to that position. The section shall be staffed
with all personnel necessary to fully administer programming for
alcohol and drug abuse for American Indians in the state. The
special assistant position shall be filled by a person with
considerable practical experience in and understanding of
alcohol and other drug abuse problems in the American Indian
community, who shall be responsible to the director of the
alcohol and drug abuse section created in subdivision 1 and
shall be in the unclassified service. The special assistant
shall meet and consult with the American Indian advisory council
as described in section 254A.035 and serve as a liaison to the
Minnesota Indian affairs council and tribes to report on the
status of alcohol and other drug abuse among American Indians in
the state of Minnesota. The special assistant with the approval
of the director shall:
(a) administer funds appropriated for American Indian
groups, organizations and reservations within the state for
American Indian alcoholism and drug abuse programs.;
(b) establish policies and procedures for such American
Indian programs with the assistance of the American Indian
advisory board.; and
(c) hire and supervise staff to assist in the
administration of the American Indian program section within the
alcohol and drug abuse section of the department of human
services.
Sec. 45. Minnesota Statutes 2000, section 256.482,
subdivision 8, is amended to read:
Subd. 8. [SUNSET.] Notwithstanding section 15.059,
subdivision 5, the council on disability shall not sunset until
June 30, 2001 2003.
Sec. 46. Minnesota Statutes 2000, section 256B.0917,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE, MISSION, GOALS, AND OBJECTIVES.]
(a) The purpose of implementing seniors' agenda for independent
living (SAIL) projects under this section is to demonstrate a
new cooperative strategy for the long-term care system in the
state of Minnesota.
The projects are part of the initial plan for a 20-year
strategy. The mission of the 20-year strategy is to create a
new community-based care paradigm for long-term care in
Minnesota in order to maximize independence of the older adult
population, and to ensure cost-effective use of financial and
human resources. The goals for the 20-year strategy are to:
(1) achieve a broad awareness and use of low-cost home care
and other residential alternatives to nursing homes;
(2) develop a statewide system of information and
assistance to enable easy access to long-term care services;
(3) develop sufficient alternatives to nursing homes to
serve the increased number of people needing long-term care;
(4) maintain the moratorium on new construction of nursing
home beds and to lower the percentage of elderly persons served
in institutional settings; and
(5) build a community-based approach and community
commitment to delivering long-term care services for elderly
persons in their homes.
(b) The objective for the fiscal years 1994 and 1995
biennial plan is to continue at least four but not more than six
projects in anticipation of a statewide program. These projects
will continue the process of implementing:
(1) a coordinated planning and administrative process;
(2) a refocused function of the preadmission screening
program;
(3) the development of additional home, community, and
residential alternatives to nursing homes;
(4) a program to support the informal caregivers for
elderly persons;
(5) programs to strengthen the use of volunteers; and
(6) programs to support the building of community
commitment to provide long-term care for elderly persons.
This is done in conjunction with an expanded role of the
interagency long-term care planning committee as described in
section 144A.31. The services offered through these projects
will be are available to those who have their own funds to pay
for services, as well as to persons who are eligible for medical
assistance and to persons who are 180-day eligible clients to
the extent authorized in this section.
Sec. 47. Minnesota Statutes 2000, section 256B.0917,
subdivision 2, is amended to read:
Subd. 2. [DESIGN OF SAIL PROJECTS; LOCAL LONG-TERM CARE
COORDINATING TEAM.] (a) The commissioner of human services in
conjunction with the interagency long-term care planning
committee's long-range strategic plan shall contract with SAIL
projects in four to six counties or groups of counties to
demonstrate the feasibility and cost-effectiveness of a local
long-term care strategy that is consistent with the state's
long-term care goals identified in subdivision 1. The
commissioner shall publish a notice in the State Register
announcing the availability of project funding and giving
instructions for making an application. The instructions for
the application shall identify the amount of funding available
for project components.
(b) To be selected for the project, a county board or
boards must establish a long-term care coordinating team
consisting of county social service agencies, public health
nursing service agencies, local boards of health, a
representative of local nursing home providers, a representative
of local home care providers, and the area agencies on aging in
a geographic area which is responsible for:
(1) developing a local long-term care strategy consistent
with state goals and objectives;
(2) submitting an application to be selected as a project;
(3) coordinating planning for funds to provide services to
elderly persons, including funds received under Title III of the
Older Americans Act, Community Social Services Act, Title XX of
the Social Security Act and the Local Public Health Act; and
(4) ensuring efficient services provision and
nonduplication of funding.
(c) The board or boards shall designate a public agency to
serve as the lead agency. The lead agency receives and manages
the project funds from the state and is responsible for the
implementation of the local strategy. If selected as a project,
the local long-term care coordinating team must semiannually
evaluate the progress of the local long-term care strategy in
meeting state measures of performance and results as established
in the contract.
(d) Each member of the local coordinating team must
indicate its endorsement of the local strategy. The local
long-term care coordinating team may include in its membership
other units of government which provide funding for services to
the frail elderly. The team must cooperate with consumers and
other public and private agencies, including nursing homes, in
the geographic area in order to develop and offer a variety of
cost-effective services to the elderly and their caregivers.
(e) The board or boards shall apply to be selected as a
project. If the project is selected, the commissioner of human
services shall contract with the lead agency for the project and
shall provide additional administrative funds for implementing
the provisions of the contract, within the appropriation
available for this purpose.
(f) Projects shall be selected according to the following
conditions.
No project may be selected unless it demonstrates that:
(i) the objectives of the local project will help to
achieve the state's long-term care goals as defined in
subdivision 1;
(ii) in the case of a project submitted jointly by several
counties, all of the participating counties are contiguous;
(iii) there is a designated local lead agency that is
empowered to make contracts with the state and local vendors on
behalf of all participants;
(iv) the project proposal demonstrates that the local
cooperating agencies have the ability to perform the project as
described and that the implementation of the project has a
reasonable chance of achieving its objectives;
(v) the project will serve an area that covers at least
four counties or contains at least 2,500 persons who are 85
years of age or older, according to the projections of the state
demographer or the census if the data is more recent; and
(vi) the local coordinating team documents efforts of
cooperation with consumers and other agencies and organizations,
both public and private, in planning for service delivery.
Sec. 48. Minnesota Statutes 2000, section 256B.093,
subdivision 1, is amended to read:
Subdivision 1. [STATE TRAUMATIC BRAIN INJURY PROGRAM.] The
commissioner of human services shall:
(1) maintain a statewide traumatic brain injury program;
(2) supervise and coordinate services and policies for
persons with traumatic brain injuries;
(3) contract with qualified agencies or employ staff to
provide statewide administrative case management and
consultation;
(4) maintain an advisory committee to provide
recommendations in reports to the commissioner regarding program
and service needs of persons with traumatic brain injuries. The
advisory committee shall consist of no less than ten members and
no more than 30 members. The commissioner shall appoint all
advisory committee members to one- or two-year terms and appoint
one member as chair;
(5) investigate the need for the development of rules or
statutes for the traumatic brain injury home and community-based
services waiver; and
(6) investigate present and potential models of service
coordination which can be delivered at the local level; and
(7) the advisory committee required by clause (4) must
consist of no fewer than ten members and no more than 30
members. The commissioner shall appoint all advisory committee
members to one or two-year terms and appoint one member as
chair. Notwithstanding section 15.059, subdivision 5, the
advisory committee does not terminate until June 30, 2005.
Sec. 49. Minnesota Statutes 2000, section 256B.69,
subdivision 5b, is amended to read:
Subd. 5b. [PROSPECTIVE REIMBURSEMENT RATES.] (a) For
prepaid medical assistance and general assistance medical care
program contract rates set by the commissioner under subdivision
5 and effective on or after January 1, 1998, capitation rates
for nonmetropolitan counties shall on a weighted average be no
less than 88 percent of the capitation rates for metropolitan
counties, excluding Hennepin county. The commissioner shall
make a pro rata adjustment in capitation rates paid to counties
other than nonmetropolitan counties in order to make this
provision budget neutral.
(b) For prepaid medical assistance program contract rates
set by the commissioner under subdivision 5 and effective on or
after January 1, 2001, capitation rates for nonmetropolitan
counties shall, on a weighted average, be no less than 89
percent of the capitation rates for metropolitan counties,
excluding Hennepin county.
(c) This subdivision shall not affect the nongeographically
based risk adjusted rates established under section 62Q.03,
subdivision 5a, paragraph (f).
Sec. 50. Minnesota Statutes 2000, section 256E.115,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS; COMMISSIONER DUTIES.] (a) The
following definitions apply to this section:
(1) "Targeted youth" means children who are ages 16 to 21
and who are in out-of-home placement, leaving out-of-home
placement, at risk of becoming homeless, or homeless.
(2) "Safe house" means a facility providing emergency
housing for homeless targeted youth with the goal of reuniting
the family if appropriate and possible.
(3) "Transitional housing" means congregate or cooperative
housing for targeted youth who are transitioning to independent
living.
(4) "Independent living assistance" means services provided
to assist targeted youth who are not living in a safe house or
transitional housing to make the transition to independent
living.
(b) The commissioner shall issue a request for proposals
from organizations that are knowledgeable about the needs of
targeted youth for the purpose of establishing a system of safe
houses, transitional housing, and independent living assistance
for such youth. The commissioner shall appoint a review
committee of up to eight members to evaluate the proposals. The
review panel must include representation from communities of
color, youth, and other community providers and agency
representatives who understand the needs and problems of
targeted youth. The commissioner shall also assist in
coordinating funding from federal and state grant programs and
funding available from a variety of sources for efforts to
promote a continuum of services for targeted youth through a
consolidated grant application. The commissioner shall analyze
the needs of targeted youth and gaps in services throughout the
state and determine how to best serve those needs within the
available funding.
Sec. 51. Minnesota Statutes 2000, section 268.29, is
amended to read:
268.29 [JUVENILE JUSTICE PROGRAM.]
The governor shall designate the department of economic
security as the sole agency responsible for supervising the
preparation and administration of the state plan for juvenile
justice required by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended.
The governor shall designate the juvenile justice advisory
committee as the supervisory board for the department of
economic security with respect to preparation and administration
of the state plan and award of grants.
The governor shall appoint members to the juvenile justice
advisory committee in accordance with the membership
requirements of the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended. Section 15.059, subdivision 3, governs
the compensation of the members.
Sec. 52. Minnesota Statutes 2000, section 268A.02,
subdivision 2, is amended to read:
Subd. 2. [REHABILITATION ADVISORY COUNCIL.] The
commissioner shall establish a state rehabilitation advisory
council and a statewide independent living council consistent
with the federal Rehabilitation Act of 1973, Public Law Number
93-112, as amended. Members of the advisory council councils
shall be compensated as provided in section 15.059, subdivision
3. Members of the consumer advisory council appointed prior to
July 1, 1993, shall serve on the rehabilitation advisory council
until the end of their appointed terms.
Sec. 53. Minnesota Statutes 2000, section 402.03, is
amended to read:
402.03 [ADVISORY COMMITTEE.]
Each human services board shall appoint an advisory
committee, which shall actively participate in the formulation
of the plan for the development, implementation and operation of
the programs and services by the board, and shall make a formal
recommendation to the board at least annually concerning the
annual budget of the board and the implementation of the plan
during the ensuing year.
Membership on the advisory committee shall consist of no
more than 25 persons serving two year terms not to exceed three
consecutive terms. Up to one-half of the terms of the initial
advisory committee may be for one year; upon their expiration
all terms shall be for two years. The chair shall be appointed
by the human services board and may not be a member of a county
board.
One-third of the members of the advisory committee shall be
representatives of those persons receiving services provided by
the human services board. Up to one-third may be providers or
employees of providers of services and must include
representatives of private providers if such providers exist in
the county or counties party to the agreement. At least one
member shall be a member of the health advisory committee
established pursuant to section 145A.10, subdivision 10, if any.
At least one member shall be a member of the corrections
advisory board established pursuant to section 401.08, if any.
The remaining members shall represent the citizens of the
counties.
The advisory committee shall appoint permanent task forces
to assist in planning for corrections, social, mental health and
public health services.
Task force membership shall be constituted to fulfill state
agency requirements for receiving categorical funds. Where
appropriately constituted, these task forces may, at the option
of the human services boards, replace those advisory bodies
required by statute and rule to advise local social services
agencies and other county and area boards. Individuals not
members of the advisory committee may be appointed to the task
forces; provided, however, that each task force shall be chaired
by a member of the advisory committee.
The human services board shall provide staff assistance to
the advisory committee.
Sec. 54. Minnesota Statutes 2000, section 15.059, is
amended by adding a subdivision to read:
Subd. 5b. [CONTINUATION DEPENDENT ON FEDERAL LAW.]
Notwithstanding this section, the following councils and
committees do not expire unless federal law no longer requires
the existence of the council or committee:
(1) rehabilitation council for the blind, created in
section 248.10;
(2) juvenile justice advisory committee, created in section
268.29;
(3) governor's workforce development council, created in
section 268.665;
(4) local workforce councils, created in section 268.666,
subdivision 2;
(5) rehabilitation council, created in section 268A.02,
subdivision 2; and
(6) statewide independent living council, created in
section 268A.02, subdivision 2.
Sec. 55. [TASK FORCE.]
The chair of the legislative commission on Minnesota
resources shall organize a task force consisting of the members
of the commission's executive committee and an equal number of
members of the citizen advisory committee created under
Minnesota Statutes, section 116P.06. The task force shall
explore options to better integrate the citizen advisory
committee in the process of making expenditures from the
environment and natural resources trust fund. The task force
shall make recommendations to the chair of the legislative
commission on Minnesota resources by January 15, 2002.
Sec. 56. [LEGISLATIVE REVIEW.]
Before the 2003 legislative session, legislative committees
must conduct hearings on advisory groups within their
jurisdictions. At the hearings, each advisory group must submit
a report, the date of its last meeting, and a list of
recommendations. The committees must make recommendations to
the legislature on which groups should continue in existence
after June 30, 2003.
Sec. 57. [REVISOR'S INSTRUCTION.]
The revisor shall delete "17.703" and insert "17.702" in
Minnesota Statutes, sections 17.696, 17.697, 17.70, 17.701, and
17.9442.
Sec. 58. [REPEALER.]
Minnesota Statutes 2000, sections 15.059, subdivision 5a,
as amended by Laws 2001, chapter 7, section 7; 17.49,
subdivision 1; 17.703; 17.76; 40A.14, subdivision 3; 52.061;
60K.19, subdivision 4; 93.002; 97A.055, subdivision 4a;
124D.894; 124D.95, subdivision 6; 134.31, subdivision 5;
137.342, subdivision 2; 144A.31; 162.09, subdivision 2;
256B.071, subdivision 5; 256B.0911, subdivision 8; 256B.434,
subdivision 13; 299A.295, subdivision 2; and 299K.03,
subdivision 4, are repealed.
Sec. 59. [EFFECTIVE DATE.]
Sections 1 to 9, 11 to 13, 15 to 17, 19, 21 to 24, 26, 29
to 36, 44, 46 to 50, 53, and 58 are effective June 30, 2001.
Sections 10, 14, 18, 20, 25, 42, 43, 51, 52, 54, and 55 are
effective the day following final enactment.
Presented to the governor May 21, 2001
Signed by the governor May 24, 2001, 1:44 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes