HF 2742

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/13/2016 09:19am

A bill for an act
relating to human rights; adding a requirement for closed captioning on
televisions in medical facilities; amending Minnesota Statutes 2014, sections
363A.11, subdivision 3; 363A.12, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 363A.11, subdivision 3, is amended to read:

Subd. 3.

Specific prohibitions.

new text begin (a) new text end This subdivision lists specific prohibitions
against discrimination on the basis of disability. For purposes of this subdivision,
discrimination includes:

(1) the imposition or application of eligibility criteria that screen out or tend to
screen out an individual with a disability or any class of individuals with disabilities
from fully and equally enjoying any goods, services, facilities, privileges, advantages, or
accommodations, unless the criteria can be shown to be necessary for the provision of the
goods, services, facilities, privileges, advantages, or accommodations;

(2) failure to make reasonable modifications in policies, practices, or procedures
when the modifications are necessary to afford the goods, services, facilities, privileges,
advantages, or accommodations to individuals with disabilities, unless the entity can
demonstrate that making the modifications would fundamentally alter the nature of the
goods, services, facilities, privileges, advantages, or accommodations;

(3) failure to take all necessary steps to ensure that no individual with a disability
is excluded, denied services, segregated, or otherwise treated differently than other
individuals because of the absence of auxiliary aids and services, unless the entity can
demonstrate that taking the steps would fundamentally alter the nature of the goods,
services, facilities, privileges, advantages, or accommodations being offered and would
result in an undue burden;

(4) new text begin failure of a health care facility licensed under chapter 144 to provide closed
captioning at all times in waiting rooms when a television is present that has the closed
captioning feature;
new text end

new text begin (5) new text end failure to remove architectural barriers, and communication barriers that are
structural in nature, in existing facilities, and transportation barriers in existing vehicles
used by an establishment for transporting individuals, not including barriers that can only
be removed through the retrofitting of vehicles by the installation of hydraulic or other
lifts, if the removal is readily achievable; and

deleted text begin (5) deleted text end new text begin (6) new text end if an entity can demonstrate that the removal of a barrier under clause deleted text begin (4) deleted text end new text begin (5)
new text end is not readily achievable or cannot be considered a reasonable accommodation, a failure to
make the goods, services, facilities, privileges, advantages, or accommodations available
through alternative means if the means are readily achievable.

new text begin (b) It is not a violation of paragraph (a), clause (4), if the captioning feature is
deactivated by a member of the general public or an individual using or requesting
services, so long as the captioning is reactivated as soon as practicable by a member of the
facility staff upon knowledge that the deactivation has occurred.
new text end

Sec. 2.

Minnesota Statutes 2014, section 363A.12, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Closed captioning. new text end

new text begin It is an unfair discriminatory practice for a facility
offering public services to fail to provide closed captioning at all times on televisions
available for the public when those televisions have the closed captioning feature. It is
not a violation of this subdivision if the captioning feature is deactivated by a member of
the general public or an individual using or requesting services, so long as the captioning
is reactivated as soon as practicable by a member of the facility staff upon knowledge
that the deactivation has occurred.
new text end