1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 09:01am
A bill for an act
relating to state government; modifying laws governing certain executive branch
advisory groups; amending Minnesota Statutes 2012, sections 3.922, subdivision
8; 15B.11, subdivision 2; 16B.055, subdivision 1; 16C.137, subdivision 2;
28A.21, subdivision 6; 43A.316, subdivisions 2, 3, 6; 62J.495, subdivision 2;
79A.02, subdivision 1; 85.0146, subdivision 1; 89A.03, subdivision 5; 89A.08,
subdivision 1; 93.0015, subdivision 3; 97A.055, subdivision 4b; 116U.25;
134.31, subdivision 6; 144.1255, subdivision 1; 144.1481, subdivision 1;
144.608, subdivision 2; 145A.10, subdivision 10; 148.7805, subdivision 2;
153A.20, subdivision 2; 162.07, subdivision 5; 162.13, subdivision 3; 174.52,
subdivision 3; 175.007, subdivision 1; 182.656, subdivision 3; 206.805; 214.13,
subdivision 4; 240.18, subdivision 4; 241.021, subdivision 4c; 243.1606,
subdivision 4; 256B.0625, subdivision 13i; 256C.28, subdivision 1; 270C.12,
subdivision 5; 298.2213, subdivision 5; 298.2214, subdivision 1; 298.297;
299E.04, subdivision 5; 326B.07, subdivision 1; Minnesota Statutes 2013
Supplement, sections 103I.105; 125A.28; repealing Minnesota Statutes 2012,
sections 6.81; 15.059, subdivision 5; 15B.32, subdivision 7; 16E.0475; 43A.316,
subdivision 4; 43A.317, subdivision 4; 127A.70, subdivision 3; 136A.031,
subdivision 5; 147E.35, subdivision 4; 196.30; 197.585, subdivision 4; 245.97,
subdivision 7; 270C.991, subdivision 4; Minnesota Statutes 2013 Supplement,
sections 15.059, subdivision 5b; 197.585, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 16C.137, subdivision 2, is amended to read:
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(a) The commissioner of administration, or the
commissioner's designee, shall chair a SmartFleet Committee consisting of representatives
designated by the commissioners of the Pollution Control Agency, the Departments of
Agriculture and Commerce, and other state departments that wish to participate. To
ensure effective and efficient state participation, the SmartFleet Committee must assist
state departments in implementing the requirements of this section, including providing
information, guidance, sample policies and procedures, and technical and planning
assistance.
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(b) The SmartFleet Committee must evaluate the goals and directives established
in this section by December 2006 and periodically thereafter. The committee may make
recommendations to the governor and appropriate committees of the legislature for new or
adjusted goals and directives, in light of the progress the state has made implementing this
section, and of the availability of new or improved technologies.
deleted text end
deleted text begin (c) For the systematic and efficient monitoring of progress in implementing this
section by the SmartFleet Committee,deleted text end The Department of Administration shall implement
a fleet reporting and information management system. Each department will use this
management system to demonstrate its progress in complying with this section.
Minnesota Statutes 2012, section 43A.316, subdivision 2, is amended to read:
For the purpose of this section, the terms defined in this
subdivision have the meaning given them.
(a) Commissioner. "Commissioner" means the commissioner of management and
budget.
(b) Employee. "Employee" means:
(1) a person who is a public employee within the definition of section 179A.03,
subdivision 14, who is insurance eligible and is employed by an eligible employer;
(2) an elected public official of an eligible employer who is insurance eligible;
(3) a person employed by a labor organization or employee association certified as
an exclusive representative of employees of an eligible employer or by another public
employer approved by the commissioner, so long as the plan meets the requirements of a
governmental plan under United States Code, title 29, section 1002(32); or
(4) a person employed by a county or municipal hospital.
(c) Eligible employer. "Eligible employer" means:
(1) a public employer within the definition of section 179A.03, subdivision 15, that
is a town, county, city, school district as defined in section 120A.05, service cooperative
as defined in section 123A.21, intermediate district as defined in section 136D.01,
Cooperative Center for Vocational Education as defined in section 123A.22, regional
management information center as defined in section 123A.23, or an education unit
organized under the joint powers action, section 471.59; or
(2) an exclusive representative of employees, as defined in paragraph (b);
(3) a county or municipal hospital; or
(4) another public employer approved by the commissioner.
(d) Exclusive representative. "Exclusive representative" means an exclusive
representative as defined in section 179A.03, subdivision 8.
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(e) Labor-Management Committee. "Labor-Management Committee" means the
committee established by subdivision 4.
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deleted text begin (f)deleted text end new text begin (e)new text end Program. "Program" means the statewide public employees insurance
program created by subdivision 3.
Minnesota Statutes 2012, section 43A.316, subdivision 3, is amended to read:
The commissioner shall be the
administrator of the public employee insurance program and may determine its funding
arrangements. The commissioner shall model the program after the plan established
in section 43A.18, subdivision 2, but may modify that plandeleted text begin , in consultation with the
Labor-Management Committeedeleted text end .
Minnesota Statutes 2012, section 43A.316, subdivision 6, is amended to read:
(a) By January 1, 1989, the commissioner shall announce the
benefits of the program. The program shall include employee hospital, medical, dental,
and life insurance for employees and hospital and medical benefits for dependents. Health
maintenance organization options and other delivery system options may be provided if
they are available, cost-effective, and capable of servicing the number of people covered
in the program. Participation in optional coverages may be provided by collective
bargaining agreements. For employees not represented by an exclusive representative, the
employer may offer the optional coverages to eligible employees and their dependents
provided in the program.
(b) The commissionerdeleted text begin , with the assistance of the Labor-Management Committee,
deleted text end shall periodically assess whether it is financially feasible for the program to offer or to
continue an individual retiree program that has competitive premium rates and benefits.
If the commissioner determines it to be feasible to offer an individual retiree program,
the commissioner shall announce the applicable benefits, premium rates, and terms of
participation. Eligibility to participate in the individual retiree program is governed by
subdivision 8, but applies to retirees of eligible employers that do not participate in the
program and to those retirees' dependents and surviving spouses.
Minnesota Statutes 2012, section 206.805, is amended to read:
(a) The secretary of state, with the assistance
of the commissioner of administration, shall establish one or more state voting systems
contracts. The contracts should, if practical, include provisions for maintenance of the
equipment purchased. The voting systems contracts must address precinct-based optical
scan voting equipment, and ballot marking equipment for persons with disabilities and
other voters. The contracts must give the state a perpetual license to use and modify the
software. The contracts must include provisions to escrow the software source code, as
provided in subdivision 2. Bids for voting systems and related election services must be
solicited from each vendor selling or leasing voting systems that have been certified for
use by the secretary of state. The contracts must be renewed from time to time.
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(b) The secretary of state shall appoint an advisory committee, including
representatives of the state chief information officer, county auditors, municipal clerks who
have had operational experience with the use of electronic voting systems, and members
of the disabilities community to advise the secretary of state in reviewing and evaluating
the merits of proposals submitted from voting equipment vendors for the state contracts.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Counties and municipalities may purchase or lease voting systems and obtain
related election services from the state contracts. All counties and municipalities are
members of the cooperative purchasing venture of the Department of Administration for
the purpose of this section. For the purpose of township elections, counties must aggregate
orders under contracts negotiated under this section for products and services and may
apportion the costs of those products and services proportionally among the townships
receiving the products and services. The county is not liable for the timely or accurate
delivery of those products or services.
new text begin
The revisor of statutes shall: (1) remove cross-references to the sections repealed
in this article wherever they appear in Minnesota Statutes and Minnesota Rules; and (2)
make changes necessary to correct the punctuation, grammar, or structure of the remaining
text and preserve its meaning.
new text end
new text begin
Minnesota Statutes 2012, sections 6.81; 15.059, subdivision 5; 16E.0475; 43A.316,
subdivision 4; 43A.317, subdivision 4; 196.30; 197.585, subdivision 4; and 270C.991,
subdivision 4,
new text end
new text begin
are repealed.
new text end
new text begin
Minnesota Statutes 2013 Supplement, sections 15.059, subdivision 5b; and 197.585,
subdivision 2,
new text end
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are repealed.
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Minnesota Statutes 2012, section 3.922, subdivision 8, is amended to read:
An advisory board on urban Indians shall advise the
council on the unique problems and concerns of Minnesota Indians who reside in urban
areas of the state. The board must be appointed by the council at the direction of the
elected tribal leadership and consist of six Indians residing in the vicinity of Minneapolis,
St. Paul, Bemidji, and Duluth. At least one member of the board must be a resident of
each city. The terms, compensation, and removal of members are as provided in section
15.059deleted text begin , but the expiration dates provided in that section do not applydeleted text end .
Minnesota Statutes 2012, section 15B.11, subdivision 2, is amended to read:
(a) A three-member advisory committee to the
CAAPB is established. Each of the three must be either an architect or a planner. One
must be appointed by the CAAPB; one, by the State Board of the Arts; and one, by the
Minnesota Society of the American Institute of Architects.
(b) The advisory committee must advise the CAAPB on all architectural and
planning matters.
deleted text begin
(c) Notwithstanding section 15.059, subdivision 5, or other law, the authority for
appointment of an advisory committee does not expire.
deleted text end
deleted text begin (d)deleted text end new text begin (c) new text end An advisory committee member must not be a contestant in a CAAPB
competition.
Minnesota Statutes 2012, section 16B.055, subdivision 1, is amended to read:
(a) The Department of
Administration is designated as the lead agency to carry out all the responsibilities under
the Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended.
The Minnesota Assistive Technology Advisory Council is established to fulfill the
responsibilities required by the Assistive Technology Act, as provided by Public Law
108-364, as amended. Because the existence of this council is required by federal law, this
council does not expire deleted text begin and the expiration date provided in section 15.059, subdivision
5, does not applydeleted text end .
(b) The governor shall appoint the membership of the council as required by the
Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended.
After the governor has completed the appointments required by this subdivision, the
commissioner of administration, or the commissioner's designee, shall convene the
first meeting of the council following the appointments. Members shall serve two-year
terms commencing July 1 of each odd-numbered year, and receive the compensation
specified by the Assistive Technology Act of 1998, as provided by Public Law 108-364, as
amended. The members of the council shall select their chair at the first meeting following
their appointment.
Minnesota Statutes 2012, section 28A.21, subdivision 6, is amended to read:
deleted text begin Notwithstanding section 15.059, subdivision 5,deleted text end This section
expires June 30, 2017.
Minnesota Statutes 2012, section 62J.495, subdivision 2, is amended to read:
(a) The commissioner shall establish an
e-Health Advisory Committee governed by section 15.059 to advise the commissioner
on the following matters:
(1) assessment of the adoption and effective use of health information technology by
the state, licensed health care providers and facilities, and local public health agencies;
(2) recommendations for implementing a statewide interoperable health information
infrastructure, to include estimates of necessary resources, and for determining standards
for clinical data exchange, clinical support programs, patient privacy requirements, and
maintenance of the security and confidentiality of individual patient data;
(3) recommendations for encouraging use of innovative health care applications
using information technology and systems to improve patient care and reduce the cost
of care, including applications relating to disease management and personal health
management that enable remote monitoring of patients' conditions, especially those with
chronic conditions; and
(4) other related issues as requested by the commissioner.
(b) The members of the e-Health Advisory Committee shall include the
commissioners, or commissioners' designees, of health, human services, administration,
and commerce and additional members to be appointed by the commissioner to include
persons representing Minnesota's local public health agencies, licensed hospitals and other
licensed facilities and providers, private purchasers, the medical and nursing professions,
health insurers and health plans, the state quality improvement organization, academic and
research institutions, consumer advisory organizations with an interest and expertise in
health information technology, and other stakeholders as identified by the commissioner to
fulfill the requirements of section 3013, paragraph (g), of the HITECH Act.
(c) The commissioner shall prepare and issue an annual report not later than January
30 of each year outlining progress to date in implementing a statewide health information
infrastructure and recommending action on policy and necessary resources to continue the
promotion of adoption and effective use of health information technology.
(d) deleted text begin Notwithstanding section 15.059,deleted text end This subdivision expires June 30, 2015.
Minnesota Statutes 2012, section 79A.02, subdivision 1, is amended to read:
For the purposes of assisting the commissioner,
there is established a Workers' Compensation Self-insurers' Advisory Committee of five
members that are employers authorized to self-insure in Minnesota. Three of the members
and three alternates shall be elected by the self-insurers' security fund board of trustees and
two members and two alternates shall be appointed by the commissioner. deleted text begin Notwithstanding
section 15.059, the advisory committee does not expire.
deleted text end
Minnesota Statutes 2012, section 85.0146, subdivision 1, is amended to read:
The Cuyuna Country State Recreation
Area Citizens Advisory Council is established. deleted text begin Notwithstanding section 15.059, the
council does not expire.deleted text end Membership on the advisory council shall include:
(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
Board;
(2) a representative of the Croft Mine Historical Park Joint Powers Board;
(3) a designee of the Cuyuna Range Mineland Reclamation Committee who has
worked as a miner in the local area;
(4) a representative of the Crow Wing County Board;
(5) an elected state official;
(6) a representative of the Grand Rapids regional office of the Department of Natural
Resources;
(7) a designee of the Iron Range Resources and Rehabilitation Board;
(8) a designee of the local business community selected by the area chambers of
commerce;
(9) a designee of the local environmental community selected by the Crow Wing
County District 5 commissioner;
(10) a designee of a local education organization selected by the Crosby-Ironton
School Board;
(11) a designee of one of the recreation area user groups selected by the Cuyuna
Range Chamber of Commerce; and
(12) a member of the Cuyuna Country Heritage Preservation Society.
Minnesota Statutes 2012, section 89A.03, subdivision 5, is amended to read:
Terms, compensation, nomination, appointment,
and removal of council members are governed by section 15.059. deleted text begin Section 15.059,
subdivision 5, does not govern the expiration date of the council.
deleted text end
Minnesota Statutes 2012, section 89A.08, subdivision 1, is amended to read:
The council shall appoint a Forest Resources
Research Advisory Committee. deleted text begin Notwithstanding section 15.059, the council does not
expire.deleted text end The committee must consist of representatives of:
(1) the College of Natural Resources, University of Minnesota;
(2) the Natural Resources Research Institute, University of Minnesota;
(3) the department;
(4) the North Central Forest Experiment Station, United States Forest Service; and
(5) other organizations as deemed appropriate by the council.
Minnesota Statutes 2012, section 93.0015, subdivision 3, is amended to read:
deleted text begin Notwithstanding section 15.059, subdivision 5, or other law to
the contrary,deleted text end The committee expires June 30, 2016.
Minnesota Statutes 2012, section 97A.055, subdivision 4b, is amended to read:
(a) The commissioner shall appoint
committees of affected persons to review the reports prepared under subdivision 4; review
the proposed work plans and budgets for the coming year; propose changes in policies,
activities, and revenue enhancements or reductions; review other relevant information;
and make recommendations to the legislature and the commissioner for improvements in
the management and use of money in the game and fish fund.
(b) The commissioner shall appoint the following committees, each comprised
of at least ten affected persons:
(1) a Fisheries Oversight Committee to review fisheries funding and expenditures,
including activities related to trout and salmon stamps and walleye stamps; and
(2) a Wildlife Oversight Committee to review wildlife funding and expenditures,
including activities related to migratory waterfowl, pheasant, and wild turkey management
and deer and big game management.
(c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee, and four additional members from each committee, shall form a Budgetary
Oversight Committee to coordinate the integration of the fisheries and wildlife oversight
committee reports into an annual report to the legislature; recommend changes on a broad
level in policies, activities, and revenue enhancements or reductions; and provide a forum
to address issues that transcend the fisheries and wildlife oversight committees.
(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house of representatives committees with
jurisdiction over natural resources finance.
(e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee shall be chosen by their respective committees. The chair of the Budgetary
Oversight Committee shall be appointed by the commissioner and may not be the chair of
either of the other oversight committees.
(f) The Budgetary Oversight Committee may make recommendations to the
commissioner and to the senate and house of representatives committees with jurisdiction
over natural resources finance for outcome goals from expenditures.
(g) deleted text begin Notwithstanding section 15.059, subdivision 5, or other law to the contrary,deleted text end The
Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary
Oversight Committee deleted text begin do notdeleted text end expire deleted text begin untildeleted text end June 30, 2015.
Minnesota Statutes 2013 Supplement, section 103I.105, is amended to read:
(a) The Advisory Council on Wells and Borings is established as an advisory council
to the commissioner. The advisory council shall consist of 18 voting members. Of the
18 voting members:
(1) one member must be from the Department of Health, appointed by the
commissioner of health;
(2) one member must be from the Department of Natural Resources, appointed
by the commissioner of natural resources;
(3) one member must be a member of the Minnesota Geological Survey of the
University of Minnesota, appointed by the director;
(4) one member must be a responsible individual for a licensed explorer;
(5) one member must be a certified representative of a licensed elevator boring
contractor;
(6) two members must be members of the public who are not connected with the
boring or well drilling industry;
(7) one member must be from the Pollution Control Agency, appointed by the
commissioner of the Pollution Control Agency;
(8) one member must be from the Department of Transportation, appointed by the
commissioner of transportation;
(9) one member must be from the Board of Water and Soil Resources appointed by
its chair;
(10) one member must be a certified representative of a monitoring well contractor;
(11) six members must be residents of this state appointed by the commissioner, who
are certified representatives of licensed well contractors, with not more than two from
the seven-county metropolitan area and at least four from other areas of the state who
represent different geographical regions; and
(12) one member must be a certified representative of a licensed bored geothermal
heat exchanger contractor.
(b) An appointee of the well drilling industry may not serve more than two
consecutive terms.
(c) The appointees to the advisory council from the well drilling industry must:
(1) have been residents of this state for at least three years before appointment; and
(2) have at least five years' experience in the well drilling business.
(d) The terms of the appointed members and the compensation and removal of all
members are governed by section 15.059deleted text begin , except section 15.059, subdivision 5, relating to
expiration of the advisory council does not applydeleted text end .
Minnesota Statutes 2012, section 116U.25, is amended to read:
(a) The director shall be advised by the Explore Minnesota Tourism Council
consisting of up to 28 voting members appointed by the governor for four-year terms,
including:
(1) the director of Explore Minnesota Tourism who serves as the chair;
(2) eleven representatives of statewide associations representing bed and breakfast
establishments, golf, festivals and events, counties, convention and visitor bureaus,
lodging, resorts, trails, campgrounds, restaurants, and chambers of commerce;
(3) one representative from each of the tourism marketing regions of the state as
designated by the office;
(4) six representatives of the tourism business representing transportation, retail,
travel agencies, tour operators, travel media, and convention facilities;
(5) one or more ex officio nonvoting members including at least one from the
University of Minnesota Tourism Center;
(6) four legislators, two from each house, one each from the two largest political
party caucuses in each house, appointed according to the rules of the respective houses; and
(7) other persons, if any, as designated from time to time by the governor.
(b) The council shall act to serve the broader interests of tourism in Minnesota
by promoting activities that support, maintain, and expand the state's domestic and
international travel market, thereby generating increased visitor expenditures, tax revenue,
and employment.
(c) Filling of membership vacancies is as provided in section 15.059. The terms of
one-half of the members shall be coterminous with the governor and the terms of the
remaining one-half of the members shall end on the first Monday in January one year after
the terms of the other members. Members may serve until their successors are appointed
and qualify. Members are not compensated. A member may be reappointed.
(d) The council shall meet at least four times per year and at other times determined
by the council. deleted text begin Notwithstanding section 15.059, the council does not expire.
deleted text end
(e) If compliance with section 13D.02 is impractical, the Explore Minnesota Tourism
Council may conduct a meeting of its members by telephone or other electronic means so
long as the following conditions are met:
(1) all members of the council participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the council can
hear clearly all discussion and testimony and all votes of members of the council and, if
needed, receive those services required by sections 15.44 and 15.441;
(3) at least one member of the council is physically present at the regular meeting
location; and
(4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
(f) Each member of the council participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of determining a
quorum and participating in all proceedings.
(g) If telephone or other electronic means is used to conduct a meeting, the council,
to the extent practical, shall allow a person to monitor the meeting electronically from a
remote location. The council may require the person making such a connection to pay for
documented marginal costs that the council incurs as a result of the additional connection.
(h) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the council shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other electronic means, and of
the provisions of paragraph (g). The timing and method of providing notice is governed
by section 13D.04.
Minnesota Statutes 2013 Supplement, section 125A.28, is amended to read:
An Interagency Coordinating Council of at least 17, but not more than 25 members is
established, in compliance with Public Law 108-446, section 641. The members must be
appointed by the governor and reasonably represent the population of Minnesota. Council
members must elect the council chair, who may not be a representative of the Department
of Education. The council must be composed of at least five parents, including persons
of color, of children with disabilities under age 12, including at least three parents of a
child with a disability under age seven, five representatives of public or private providers
of services for children with disabilities under age five, including a special education
director, county social service director, local Head Start director, and a community health
services or public health nursing administrator, one member of the senate, one member of
the house of representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood intervention,
at least one representative of advocacy organizations for children with disabilities under
age five, one physician who cares for young children with special health care needs, one
representative each from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for child care, foster care,
mental health, homeless coordinator of education of homeless children and youth, and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions
2 to deleted text begin 5deleted text end new text begin 4new text end , apply to the council. The council must meet at least quarterly.
The council must address methods of implementing the state policy of developing
and implementing comprehensive, coordinated, multidisciplinary interagency programs of
early intervention services for children with disabilities and their families.
The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.
On the date that Minnesota Part C Annual Performance Report is submitted to the
federal Office of Special Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce, and employment and
economic development policies for a comprehensive and coordinated system.
Annually, the council must prepare and submit a report to the governor and the
secretary of the federal Department of Education on the status of early intervention
services and programs for infants and toddlers with disabilities and their families under
the Individuals with Disabilities Education Act, United States Code, title 20, sections
1471 to 1485 (Part C, Public Law 102-119), as operated in Minnesota. The Minnesota
Part C annual performance report may serve as the report.
Notwithstanding any other law to the contrary, the State Interagency Coordinating
Council does not expire unless federal law no longer requires the existence of the council
or committee.
Minnesota Statutes 2012, section 134.31, subdivision 6, is amended to read:
The commissioner shall appoint an advisory
committee of five members to advise the staff of the Minnesota Braille and Talking Book
Library on long-range plans and library services. Members shall be people who use the
library. Section 15.059 governs this committee deleted text begin except that the committee shall not expiredeleted text end .
Minnesota Statutes 2012, section 144.1255, subdivision 1, is amended to read:
(a) By July 1, 2003, the commissioner
of health shall appoint an advisory committee to provide advice and recommendations to
the commissioner concerning tests and treatments for heritable and congenital disorders
found in newborn children. Membership of the committee shall include, but not be limited
to, at least one member from each of the following representative groups:
(1) parents and other consumers;
(2) primary care providers;
(3) clinicians and researchers specializing in newborn diseases and disorders;
(4) genetic counselors;
(5) birth hospital representatives;
(6) newborn screening laboratory professionals;
(7) nutritionists; and
(8) other experts as needed representing related fields such as emerging technologies
and health insurance.
(b) The terms and removal of members are governed by section 15.059. Members
shall not receive per diems but shall be compensated for expenses. deleted text begin Notwithstanding
section 15.059, subdivision 5, the advisory committee does not expire.
deleted text end
Minnesota Statutes 2012, section 144.1481, subdivision 1, is amended to read:
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 advisory committee is governed by section 15.059, except
that the members do not receive per diem compensation. deleted text begin Notwithstanding section 15.059,
the advisory committee does not expire.
deleted text end
Minnesota Statutes 2012, section 144.608, subdivision 2, is amended to read:
(a) The council must meet at least twice a year
but may meet more frequently at the call of the chair, a majority of the council members,
or the commissioner.
(b) The terms, compensation, and removal of members of the council are governed
by section 15.059deleted text begin , except thatdeleted text end new text begin .new text end The council expires June 30, 2015.
(c) The council may appoint subcommittees and work groups. Subcommittees shall
consist of council members. Work groups may include noncouncil members. Noncouncil
members shall be compensated for work group activities under section 15.059, subdivision
3, but shall receive expenses only.
Minnesota Statutes 2012, section 145A.10, subdivision 10, is amended to read:
(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. 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 be reimbursed for travel and other necessary expenses while engaged
in their official duties. deleted text begin Notwithstanding section 15.059, the State Community Health
Advisory Committee does not expire.
deleted text end
(b) The city councils or county boards that have established or are members of a
community health board may appoint a community health advisory committee to advise,
consult with, and make recommendations to the community health board on the duties
under subdivision 5a.
Minnesota Statutes 2012, section 148.7805, subdivision 2, is amended to read:
The advisory council is established and administered
under section 15.059. deleted text begin Notwithstanding section 15.059, subdivision 5, the council shall
not expire.
deleted text end
Minnesota Statutes 2012, section 153A.20, subdivision 2, is amended to read:
The advisory council shall be organized and administered
according to section 15.059deleted text begin , except that, notwithstanding any other law to the contrary, the
advisory council shall not expiredeleted text end . The council may form committees to carry out its duties.
Minnesota Statutes 2012, section 162.07, subdivision 5, is amended to read:
deleted text begin (a)deleted text end On or before September 1 of each year the county
engineer of each county shall forward to the commissioner, on forms prepared by the
commissioner, all information relating to the mileage, in lane-miles, of the county state-aid
highway system in the county, and the money needs of the county that the commissioner
deems necessary in order to apportion the county state-aid highway fund in accordance
with the formula heretofore set forth. Upon receipt of the information the commissioner
shall appoint a board consisting of the following county engineers:
(1) two county engineers from the metropolitan highway construction district;
(2) one county engineer from each nonmetropolitan highway district; and
(3) one additional county engineer from each county with a population of 175,000
or more.
No county engineer shall be appointed under clause (1) or (2) so as to serve
consecutively for more than four years. The board shall investigate and review the
information submitted by each county and shall on or before the first day of November
of each year submit its findings and recommendations in writing as to each county's
lane-mileage and money needs to the commissioner on a form prepared by the
commissioner. Final determination of the lane-mileage of each system and the money
needs of each county shall be made by the commissioner.
deleted text begin
(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
deleted text end
Minnesota Statutes 2012, section 162.13, subdivision 3, is amended to read:
deleted text begin (a)deleted text end On or before September 1 of each year, the engineer
of each city having a population of 5,000 or more shall forward to the commissioner on
forms prepared by the commissioner, all information relating to the money needs of the
city that the commissioner deems necessary in order to apportion the municipal state-aid
street fund in accordance with the apportionment formula heretofore set forth. Upon
receipt of the information the commissioner shall appoint a board of city engineers. The
board shall be composed of one engineer from each state highway construction district,
and in addition thereto, one engineer from each city of the first class. The board shall
investigate and review the information submitted by each city. On or before November
1 of each year, the board shall submit its findings and recommendations in writing as to
each city's money needs to the commissioner on a form prepared by the commissioner.
Final determination of the money needs of each city shall be made by the commissioner.
In the event that any city shall fail to submit the information provided for herein, the
commissioner shall estimate the money needs of the city. The estimate shall be used in
solving the apportionment formula. The commissioner may withhold payment of the
amount apportioned to the city until the information is submitted.
deleted text begin
(b) Notwithstanding section 15.059, subdivision 5, the board does not expire.
deleted text end
Minnesota Statutes 2012, section 174.52, subdivision 3, is amended to read:
deleted text begin (a)deleted text end The commissioner shall establish an advisory
committee consisting of five members, including:
(1) one county commissioner;
(2) one county engineer;
(3) one city engineer;
(4) one city council member or city administrator representing a city with a
population over 5,000; and
(5) one city council member or city administrator representing a city with a
population under 5,000. The advisory committee shall provide recommendations to the
commissioner regarding expenditures from the trunk highway corridor projects account.
deleted text begin
(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
deleted text end
Minnesota Statutes 2012, section 175.007, subdivision 1, is amended to read:
(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. deleted text begin Notwithstanding section 15.059,deleted text end 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, 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.
Minnesota Statutes 2012, section 182.656, subdivision 3, is amended to read:
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 15.059deleted text begin , except that the council shall not expiredeleted text end .
Minnesota Statutes 2012, section 214.13, subdivision 4, is amended to read:
The commissioner of health shall
wherever possible delegate the administration of regulation activities to a health-related
licensing board with the concurrence of that board. If the commissioner of health delegates
this function, the licensing board may regularly bill the commissioner of health for the
cost of performing this function. The licensing board may directly set and charge fees
in accordance with the provisions of section 214.06. The commissioner of health may
establish an advisory council to advise the commissioner or the appropriate health-related
licensing board on matters relating to the registration and regulation of an occupation.
A council shall have seven members appointed by the commissioner of which five are
members of the registered occupation or related registered or licensed occupations, and
two are public members. deleted text begin A council shall expire, anddeleted text end The terms, compensationnew text begin ,new text end and
removal of members shall be as provided in section 15.059.
Minnesota Statutes 2012, section 240.18, subdivision 4, is amended to read:
The commission shall adopt rules governing
the distribution of the fund. The commission may establish advisory committees to advise
it on the distribution of money under this section, provided that the members of an
advisory committee shall serve without compensation. deleted text begin The expiration date provided in
section 15.059, subdivision 5, does not apply to this subdivision.
deleted text end
Minnesota Statutes 2012, section 241.021, subdivision 4c, is amended to read:
The peer review committee under
subdivision 4b does not expire deleted text begin and the expiration date provided in section 15.059,
subdivision 5, does not apply to this sectiondeleted text end .
Minnesota Statutes 2012, section 243.1606, subdivision 4, is amended to read:
The provisions of section 15.059 apply to the
council deleted text begin except that it does not expiredeleted text end .
Minnesota Statutes 2012, section 256B.0625, subdivision 13i, is amended to
read:
(a) A nine-member Drug
Utilization Review Board is established. The board must be comprised of at least three
but no more than four licensed physicians actively engaged in the practice of medicine
in Minnesota; at least three licensed pharmacists actively engaged in the practice of
pharmacy in Minnesota; and one consumer representative. The remainder must be made
up of health care professionals who are licensed in their field and have recognized
knowledge in the clinically appropriate prescribing, dispensing, and monitoring of covered
outpatient drugs. Members of the board must be appointed by the commissioner, shall
serve three-year terms, and may be reappointed by the commissioner. The board shall
annually elect a chair from among its members.
(b) The board must be staffed by an employee of the department who shall serve as
an ex officio nonvoting member of the board.
(c) The commissioner shall, with the advice of the board:
(1) implement a medical assistance retrospective and prospective drug utilization
review program as required by United States Code, title 42, section 1396r-8, subsection
(g), paragraph (3);
(2) develop and implement the predetermined criteria and practice parameters for
appropriate prescribing to be used in retrospective and prospective drug utilization review;
(3) develop, select, implement, and assess interventions for physicians, pharmacists,
and patients that are educational and not punitive in nature;
(4) establish a grievance and appeals process for physicians and pharmacists under
this section;
(5) publish and disseminate educational information to physicians and pharmacists
regarding the board and the review program;
(6) adopt and implement procedures designed to ensure the confidentiality of any
information collected, stored, retrieved, assessed, or analyzed by the board, staff to
the board, or contractors to the review program that identifies individual physicians,
pharmacists, or recipients;
(7) establish and implement an ongoing process to:
(i) receive public comment regarding drug utilization review criteria and standards;
and
(ii) consider the comments along with other scientific and clinical information in
order to revise criteria and standards on a timely basis; and
(8) adopt any rules necessary to carry out this section.
(d) The board may establish advisory committees. The commissioner may contract
with appropriate organizations to assist the board in carrying out the board's duties.
The commissioner may enter into contracts for services to develop and implement a
retrospective and prospective review program.
(e) The board shall report to the commissioner annually on the date the drug
utilization review annual report is due to the Centers for Medicare and Medicaid Services.
This report must cover the preceding federal fiscal year. The commissioner shall make the
report available to the public upon request. The report must include information on the
activities of the board and the program; the effectiveness of implemented interventions;
administrative costs; and any fiscal impact resulting from the program. An honorarium
of $100 per meeting and reimbursement for mileage must be paid to each board member
in attendance.
(f) This subdivision is exempt from the provisions of section 15.059.
deleted text begin Notwithstanding section 15.059, subdivision 5, the board is permanent and does not expire.
deleted text end
Minnesota Statutes 2012, section 256C.28, subdivision 1, is amended to read:
The Commission of Deaf, DeafBlind and
Hard-of-Hearing Minnesotans consists of seven members appointed at large and one
member from each advisory committee established under section 256C.24, subdivision 3.
At least 50 percent of the members must be deaf or deafblind or hard of hearing. Members
shall include persons who are deaf, deafblind, and hard of hearing, parents of children who
are deaf, deafblind, and hard of hearing, and representatives of county and regional human
services, including representatives of private service providers. Commission members
are appointed by the governor for a three-year term and shall serve no more than two
consecutive terms. The commission shall select one member as chair. deleted text begin Notwithstanding
section 15.059, the commission does not expire.
deleted text end
Minnesota Statutes 2012, section 270C.12, subdivision 5, is amended to read:
Notwithstanding the provisions of any statutes to the contrary,
deleted text begin including section 15.059,deleted text end the coordinating committee as established by this section to
oversee and coordinate preparation of the microdata samples of income tax returns and
other information shall not expire.
Minnesota Statutes 2012, section 298.2213, subdivision 5, is amended to read:
Before submission to the board of a proposal for a
project for expenditure of money appropriated under this section, the commissioner of Iron
Range resources and rehabilitation shall appoint a technical advisory committee consisting
of at least seven persons who are knowledgeable in areas related to the objectives of
the proposal. If the project involves investment in a scientific research proposal, at
least four of the committee members must be knowledgeable in the specific scientific
research area relating to the project. Members of the committees must be compensated as
provided in section 15.059, subdivision 3. The board shall not act on a proposal until it
has received the evaluation and recommendations of the technical advisory committee.
deleted text begin Notwithstanding section 15.059, the committees do not expire.
deleted text end
Minnesota Statutes 2012, section 298.2214, subdivision 1, is amended to read:
A committee is created to
advise the commissioner of Iron Range resources and rehabilitation on providing higher
education programs in the taconite assistance area defined in section 273.1341. The
committee is subject to section 15.059 deleted text begin but does not expiredeleted text end .
Minnesota Statutes 2012, section 298.297, is amended to read:
Before submission of a project to the board, the commissioner of Iron Range
resources and rehabilitation shall appoint a technical advisory committee consisting of
one or more persons who are knowledgeable in areas related to the objectives of the
proposal. Members of the committees shall be compensated as provided in section 15.059,
subdivision 3. The board shall not act on a proposal until it has received the evaluation
and recommendations of the technical advisory committee or until 15 days have elapsed
since the proposal was transmitted to the advisory committee, whichever occurs first.
deleted text begin Notwithstanding section 15.059, the committees do not expire.
deleted text end
Minnesota Statutes 2012, section 299E.04, subdivision 5, is amended to read:
deleted text begin Notwithstanding section 15.059, subdivision 5,deleted text end The advisory
committee on Capitol Area Security expires June 30, 2022.
Minnesota Statutes 2012, section 326B.07, subdivision 1, is amended to read:
(a) The Construction Codes Advisory Council
consists of the following members:
(1) the commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division;
(2) the commissioner of public safety or the commissioner of public safety's
designee representing the Department of Public Safety's State Fire Marshal Division;
(3) one member, appointed by the commissioner, engaged in each of the following
occupations or industries:
(i) certified building officials;
(ii) fire chiefs or fire marshals;
(iii) licensed architects;
(iv) licensed professional engineers;
(v) commercial building owners and managers;
(vi) the licensed residential building industry;
(vii) the commercial building industry;
(viii) the heating and ventilation industry;
(ix) a member of the Plumbing Board;
(x) a member of the Board of Electricity;
(xi) a member of the Board of High Pressure Piping Systems;
(xii) the boiler industry;
(xiii) the manufactured housing industry;
(xiv) public utility suppliers;
(xv) the Minnesota Building and Construction Trades Council; and
(xvi) local units of government.
(b) The commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division shall serve as chair of the advisory council.
For members who are not state officials or employees, compensation and removal of
members of the advisory council are governed by section 15.059. The terms of the
members of the advisory council shall be four years. The terms of eight of the appointed
members shall be coterminous with the governor and the terms of the remaining nine
appointed members shall end on the first Monday in January one year after the terms of
the other appointed members expire. An appointed member may be reappointed. Each
council member shall appoint an alternate to serve in their absence. deleted text begin The committee is not
subject to the expiration provision of section 15.059, subdivision 5.
deleted text end
new text begin
The revisor of statutes shall: (1) remove cross-references to the sections repealed
in this article wherever they appear in Minnesota Statutes and Minnesota Rules; and (2)
make changes necessary to correct the punctuation, grammar, or structure of the remaining
text and preserve its meaning.
new text end
new text begin
Minnesota Statutes 2012, sections 15B.32, subdivision 7; 127A.70, subdivision 3;
136A.031, subdivision 5; 147E.35, subdivision 4; and 245.97, subdivision 7,
new text end
new text begin
are repealed.
new text end