HF 960

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; creating the board for 
  1.3             blind Minnesotans; authorizing rulemaking; 
  1.4             appropriating money; amending Minnesota Statutes 1996, 
  1.5             sections 13.791, subdivision 3; 248.011; 248.07; 
  1.6             248.10; 248.11, subdivision 1; and 256.482, 
  1.7             subdivision 1; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 248. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 13.791, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [DATA ON BLIND VENDORS.] The commissioner of 
  1.13  economic security board for blind Minnesotans may release the 
  1.14  name, business address, and business telephone number of an 
  1.15  individual licensed under section 248.07, subdivision 8.  The 
  1.16  state committee of blind vendors organized in accordance with 
  1.17  Code of Federal Regulations, title 34, section 395.14, has 
  1.18  access to private data in the department of economic security of 
  1.19  the board on an individual licensed under section 248.07, 
  1.20  subdivision 8, to the extent necessary to complete its duties. 
  1.21     Sec. 2.  [248.001] [BOARD FOR BLIND MINNESOTANS.] 
  1.22     Subdivision 1.  [CREATION.] The board for blind Minnesotans 
  1.23  consists of five members appointed by the governor.  At least 
  1.24  three of the members must be blind.  Membership terms, 
  1.25  compensation, removal of members, and filling of vacancies are 
  1.26  as described in section 15.0575.  The board shall annually elect 
  1.27  from its membership a chair and other officers it deems 
  2.1   necessary.  
  2.2      Subd. 2.  [POWERS.] The board may contract in its own 
  2.3   name.  Contracts must be approved by a majority of the members 
  2.4   of the board and executed by the chair and the executive 
  2.5   director.  The board may apply for, receive, and expend in its 
  2.6   own name grants and gifts of money consistent with the power and 
  2.7   duties specified in this section.  
  2.8      The board shall appoint an executive director who is 
  2.9   experienced in administrative activities and familiar with the 
  2.10  problems and needs of blind people.  The board may delegate to 
  2.11  the executive director powers and duties under this section that 
  2.12  do not require board approval.  The executive director and board 
  2.13  staff serve in the unclassified service.  The executive director 
  2.14  may be removed at any time by a majority vote of the entire 
  2.15  board.  The executive director shall recommend to the board the 
  2.16  appropriate staffing necessary to carry out its duties.  The 
  2.17  commissioner of administration shall provide the board with 
  2.18  necessary administrative services. 
  2.19     Sec. 3.  Minnesota Statutes 1996, section 248.011, is 
  2.20  amended to read: 
  2.21     248.011 [REPORTING OF NEWLY BLINDED INDIVIDUAL.] 
  2.22     Subdivision 1.  [DUTY TO REPORT.] Whenever an 
  2.23  ophthalmologist or optometrist makes an initial diagnosis of 
  2.24  legal blindness as defined in section 256D.35, subdivision 4a, 
  2.25  the ophthalmologist or optometrist shall advise the client that 
  2.26  services are available through Minnesota state services for the 
  2.27  blind the board for blind Minnesotans.  After obtaining client 
  2.28  consent, the ophthalmologist or optometrist shall report the 
  2.29  name of the legally blind client to Minnesota state services for 
  2.30  the blind the board for blind Minnesotans.  The report must be 
  2.31  filed with Minnesota state services for the blind the board for 
  2.32  blind Minnesotans within 30 days following a diagnosis of legal 
  2.33  blindness after obtaining client consent. 
  2.34     Subd. 2.  [DUTIES OF MINNESOTA STATE SERVICES FOR THE BLIND 
  2.35  BOARD FOR BLIND MINNESOTANS.] Upon receipt of the name of a 
  2.36  legally blind individual, Minnesota state services for the blind 
  3.1   the board for blind Minnesotans shall contact the newly blind 
  3.2   individual within 30 days and provide a complete summary of 
  3.3   available services to the blind individual, in media accessible 
  3.4   to the individual. 
  3.5      Sec. 4.  Minnesota Statutes 1996, section 248.07, is 
  3.6   amended to read: 
  3.7      248.07 [COMMISSIONER OF ECONOMIC SECURITY BOARD FOR BLIND 
  3.8   MINNESOTANS, DUTIES.] 
  3.9      Subdivision 1.  [COOPERATION.] It shall be is the duty of 
  3.10  the commissioner of economic security , referred to in this 
  3.11  section and sections 248.10 and 248.11 as the 
  3.12  commissioner, board for blind Minnesotans to develop and 
  3.13  administer programs serving the needs of blind and visually 
  3.14  disabled persons and to cooperate with state and local boards 
  3.15  and agencies both public and private.  The commissioner shall 
  3.16  create a division that is a distinct organizational unit to be 
  3.17  known as state services for the blind, separate from the 
  3.18  vocational rehabilitation unit and with its own activity budget, 
  3.19  within the department of economic security to provide and 
  3.20  coordinate services to the blind. 
  3.21     Subd. 2.  [STATISTICS.] The commissioner board shall 
  3.22  collect statistics concerning blind persons including medical 
  3.23  ophthalmological data, causes of blindness, opportunities for 
  3.24  education, rehabilitation, training for employment, and any 
  3.25  other information necessary to carry out the commissioner's 
  3.26  board's duties and responsibilities with respect to blind and 
  3.27  visually disabled persons. 
  3.28     Subd. 3.  [SPECIAL ATTENTION.] The commissioner board shall 
  3.29  give special attention to the cases of disabled youth who are 
  3.30  eligible to attend the Minnesota state academy for the blind, 
  3.31  the Minnesota state academy for the deaf, or the public school 
  3.32  classes for disabled children, but are not in attendance there, 
  3.33  or are not receiving adequate instruction elsewhere.  The 
  3.34  commissioner board shall report all such cases to the school 
  3.35  district of the individual's residence and to the state board of 
  3.36  education. 
  4.1      Subd. 4.  [VOCATIONAL TRAINING.] The commissioner board 
  4.2   shall either provide or assist blind and visually disabled 
  4.3   persons in obtaining vocational training and employment and 
  4.4   shall aid such persons in obtaining services and benefits to 
  4.5   which they may be entitled from public and private agencies.  
  4.6   Any person who shall be entitled to training under this 
  4.7   subdivision shall have the right to choose from available 
  4.8   programs such training as in the opinion of the person would be 
  4.9   suitable and practical in accordance with rules adopted by 
  4.10  the commissioner board under subdivision 14a. 
  4.11     Subd. 5.  [AIDS.] The commissioner board shall further be 
  4.12  empowered to aid persons who are blind or visually disabled: (1) 
  4.13  by home instruction and training; (2) by assisting them in 
  4.14  securing tools, appliances, and supplies; (3) by any other 
  4.15  practicable means of improving their social, economic, or 
  4.16  educational condition; (4) by providing to eligible persons, or 
  4.17  purchasing for sale at cost plus handling charges, special 
  4.18  materials and supplies needed by blind or visually disabled 
  4.19  persons that are difficult to obtain elsewhere; and (5) by 
  4.20  promoting literacy and access to print materials through 
  4.21  production for blind or visually disabled persons or others of 
  4.22  alternative reading formats such as Braille, audio tapes, radio 
  4.23  signals, newspaper reading services, and other services 
  4.24  originating from the division's communication center board.  
  4.25  Equipment may be leased or sold under written rehabilitation 
  4.26  plans at cost plus handling charges to persons who wish to lease 
  4.27  or purchase them.  Receipts under this subdivision, as well as 
  4.28  gifts to aid the blind, are subject to section 268.0121, 
  4.29  subdivision 5 248.001, subdivision 2. 
  4.30     Subd. 7.  [BLIND, VENDING STANDS AND MACHINES ON 
  4.31  GOVERNMENTAL PROPERTY.] Notwithstanding any other law, for the 
  4.32  rehabilitation of blind persons the commissioner board shall 
  4.33  have exclusive authority to establish and to operate vending 
  4.34  stands and vending machines in all buildings and properties 
  4.35  owned or rented exclusively by the Minnesota state colleges and 
  4.36  universities at a state university, a community college, a 
  5.1   consolidated community technical college, or a technical college 
  5.2   served by the commissioner of economic security before January 
  5.3   1, 1996, or by any department or agency of the state of 
  5.4   Minnesota except the department of natural resources properties 
  5.5   operated directly by the division of state parks and not subject 
  5.6   to private leasing.  The merchandise to be dispensed by such 
  5.7   vending stands and machines may include nonalcoholic beverages, 
  5.8   food, candies, tobacco, souvenirs, notions and related items.  
  5.9   Such vending stands and vending machines herein authorized shall 
  5.10  be operated on the same basis as other vending stands for the 
  5.11  blind established and supervised by the commissioner board under 
  5.12  federal law.  The commissioner board shall waive this authority 
  5.13  to displace any present private individual concessionaire in any 
  5.14  state-owned or rented building or property who is operating 
  5.15  under a contract with a specific renewal or termination date, 
  5.16  until the renewal or termination date.  With the consent of the 
  5.17  governing body of a governmental subdivision of the state, 
  5.18  the commissioner board may establish and supervise vending 
  5.19  stands and vending machines for the blind in any building or 
  5.20  property exclusively owned or rented by the governmental 
  5.21  subdivision. 
  5.22     Subd. 8.  [USE OF REVOLVING FUND, LICENSES FOR OPERATION OF 
  5.23  VENDING MACHINES.] The revolving fund created by Laws 1947, 
  5.24  chapter 535, section 5, is continued as provided in this 
  5.25  subdivision and shall be known as the revolving fund for 
  5.26  vocational rehabilitation of the blind.  It shall be used for 
  5.27  the purchase of equipment and supplies for establishing and 
  5.28  operating of vending stands by blind persons.  All income, 
  5.29  receipts, earnings, and federal grants due to the operation 
  5.30  thereof shall also be paid into the fund.  All interest earned 
  5.31  on money accrued in the fund must be credited to the fund by the 
  5.32  state treasurer.  All equipment, supplies, and expenses for 
  5.33  setting up these stands shall be paid for from the fund.  
  5.34  Authority is hereby given to the commissioner board to use the 
  5.35  money available in the revolving fund that originated as 
  5.36  operational charges to individuals licensed under this 
  6.1   subdivision for the establishment, operation, and supervision of 
  6.2   vending stands by blind persons for the following purposes:  (1) 
  6.3   purchase, upkeep and replacement of equipment; (2) expenses 
  6.4   incidental to the setting up of new stands and improvement of 
  6.5   old stands; (3) reimbursement under section 15.059 to individual 
  6.6   blind vending operators for reasonable expenses incurred in 
  6.7   attending supervisory meetings as called by the commissioner 
  6.8   board and other expenditures for management services consistent 
  6.9   with federal law; and (4) purchase of fringe benefits for blind 
  6.10  vending operators and their employees such as group health 
  6.11  insurance, retirement program, vacation or sick leave assistance 
  6.12  provided that the purchase of any fringe benefit is approved by 
  6.13  a majority vote of blind vending operators licensed pursuant to 
  6.14  this subdivision after the commissioner board provides to each 
  6.15  blind vending operator information on all matters relevant to 
  6.16  the fringe benefits.  Fringe benefits shall be paid only from 
  6.17  assessments of operators for specific benefits, gifts to the 
  6.18  fund for fringe benefit purposes, and vending income which is 
  6.19  not assignable to an individual stand. 
  6.20     Money originally deposited as merchandise and supplies 
  6.21  repayments by individuals licensed under this subdivision may be 
  6.22  expended for initial and replacement stocks of supplies and 
  6.23  merchandise.  Money originally deposited from vending income on 
  6.24  federal property must be spent consistent with federal law. 
  6.25     All other deposits may be used for the purchase of general 
  6.26  liability insurance or any other expense related to the 
  6.27  operation and supervision of vending stands. 
  6.28     The commissioner board shall issue each license for the 
  6.29  operation of a vending stand or vending machine for an 
  6.30  indefinite period but may terminate any license in the manner 
  6.31  provided.  In granting licenses for new or vacated stands 
  6.32  preference on the basis of seniority of experience in operating 
  6.33  stands under the control of the commissioner board shall be 
  6.34  given to capable operators who are deemed competent to handle 
  6.35  the enterprise under consideration.  Application of this 
  6.36  preference shall not prohibit the commissioner board from 
  7.1   selecting an operator from the community in which the stand is 
  7.2   located.  
  7.3      Subd. 9.  [TRAINING OF SELECTED APPLICANTS.] Each applicant 
  7.4   selected by the commissioner board for a license to operate a 
  7.5   vending stand or vending machine shall be given training in the 
  7.6   operation and conduct of such vending stand or vending machine. 
  7.7      Subd. 10.  [REVOCATION OF LICENSES; HEARING.] The 
  7.8   commissioner board shall not revoke any license except for good 
  7.9   cause shown.  An opportunity for a fair hearing shall be 
  7.10  afforded any operator within 30 days after revocation of license.
  7.11     Subd. 11.  [POLICY CHANGES; NOTICE AND HEARING.] Any major 
  7.12  changes in policies made by the commissioner board in the 
  7.13  conduct of this program will be preceded by a public hearing.  
  7.14  Each operator shall be given 30 days notice of such hearing. 
  7.15     Subd. 12.  [REIMBURSEMENT OUT OF STATE DISTRIBUTION OF 
  7.16  BRAILLE AND SPECIAL MATERIALS.] The commissioner board shall 
  7.17  obtain reimbursement from other states for the estimated cost of 
  7.18  providing radio signals, programming, and radio receivers for 
  7.19  the blind and for production and handling of Braille books, 
  7.20  audio tapes, and related services for the blind distributed by 
  7.21  the department of economic security board to users in such other 
  7.22  states and may contract with the appropriate authorities of such 
  7.23  states to effect such reimbursement.  All money received 
  7.24  hereunder shall be paid to the state treasurer and placed in the 
  7.25  special revenue fund and is appropriated to the commissioner of 
  7.26  economic security board for the purposes of this subdivision.  
  7.27     Subd. 13.  [COMMUNITY REHABILITATION PROGRAMS.] From the 
  7.28  funds appropriated for vocational rehabilitation of the blind 
  7.29  and matching federal funds available for the purpose, the 
  7.30  commissioner board may make grants, upon such terms as the 
  7.31  commissioner board may determine, to public or nonprofit 
  7.32  organizations for the establishment, maintenance or improvement 
  7.33  of community rehabilitation programs. 
  7.34     Subd. 14.  [TRAINING OF WORKERS FOR REHABILITATION OF 
  7.35  BLIND.] From funds provided by the state or the United States 
  7.36  for the rehabilitation of blind persons, the commissioner board 
  8.1   may make provision for: 
  8.2      (1) specialized supplementary training of professional 
  8.3   workers employed by services for the blind, which shall consist 
  8.4   of selected courses of study designed to improve worker 
  8.5   techniques in providing assistance with adjustment to blindness, 
  8.6   guidance, training and vocational placement services to blind 
  8.7   children and adults; 
  8.8      (2) the employment of student trainees enrolled in school 
  8.9   programs.  Such trainees to be employed on a part-time basis 
  8.10  during the regular school term and on a full-time basis during 
  8.11  the extra school term.  Student trainees shall not be counted 
  8.12  against the regular staff complement. 
  8.13     Subd. 14a.  [RULES.] The commissioner board shall adopt 
  8.14  rules to set standards for the provision of rehabilitative 
  8.15  services to blind and visually disabled persons.  The rules 
  8.16  shall, at a minimum, contain program definitions and set 
  8.17  standards for basic eligibility, including financial need 
  8.18  eligibility and definitions of legal blindness.  
  8.19     The rules shall provide for the development of formal 
  8.20  rehabilitation plans for eligible clients and shall govern the 
  8.21  provision of direct rehabilitative services to clients, 
  8.22  including placement in training programs, and providing tools 
  8.23  and equipment.  In addition, the rules shall set standards for 
  8.24  appeals filed under subdivision 15 and include specific 
  8.25  requirements for timely responses by the agency board. 
  8.26     Subd. 15.  [APPEALS FROM AGENCY ACTION.] An applicant for 
  8.27  or recipient of rehabilitation service who is dissatisfied with 
  8.28  an agency's action with regard to the furnishing or denial of 
  8.29  services may file a request for administrative review and fair 
  8.30  hearing in accordance with the Code of Federal Regulations, 
  8.31  title 34, section 361.48, and rules adopted under subdivision 
  8.32  14a. 
  8.33     Subd. 16.  [ADJUSTMENT-TO-BLINDNESS TRAINING.] (a) The 
  8.34  commissioner of economic security board shall enter into 
  8.35  contracts or agreements to provide comprehensive 
  8.36  adjustment-to-blindness training services to blind and visually 
  9.1   disabled persons.  Services available must include, but not be 
  9.2   limited to, instruction in Braille reading and writing, the use 
  9.3   of the long white cane for independent travel, home management 
  9.4   and self management, typing and computer technology, career 
  9.5   exploration, and seminars on positive adjustment to blindness.  
  9.6   In entering into contracts or agreements to provide 
  9.7   adjustment-to-blindness services, the commissioner board shall, 
  9.8   when in the best interests of the client, utilize services 
  9.9   available from qualified nonprofit agencies or organizations who:
  9.10     (1) are administered by a governing board composed of a 
  9.11  majority of individuals who are blind; 
  9.12     (2) substantially involve individuals who are blind in 
  9.13  policy direction and management; and 
  9.14     (3) employ individuals who are blind at all levels of 
  9.15  operation. 
  9.16     (b) This subdivision does not limit the commissioner's 
  9.17  board's authority to enter into contracts or agreements for any 
  9.18  service with other qualified agencies or organizations. 
  9.19     Sec. 5.  Minnesota Statutes 1996, section 248.10, is 
  9.20  amended to read: 
  9.21     248.10 [REHABILITATION ADVISORY COUNCIL FOR THE BLIND.] 
  9.22     The commissioner board shall establish a rehabilitation 
  9.23  advisory council for the blind consistent with the federal 
  9.24  Rehabilitation Act of 1973, Public Law Number 93-112, as amended.
  9.25  Advisory council members shall be compensated as provided in 
  9.26  section 15.059, subdivision 3.  Members of the council for the 
  9.27  blind appointed before July 1, 1993 1997, shall serve on the 
  9.28  advisory council until the end of their appointed terms.  The 
  9.29  advisory council shall advise the commissioner board about 
  9.30  programs of the division of state services board for the blind 
  9.31  and visually disabled.  The advisory council is limited to 15 
  9.32  members, a majority of whom must be blind or visually disabled. 
  9.33     Sec. 6.  Minnesota Statutes 1996, section 248.11, 
  9.34  subdivision 1, is amended to read: 
  9.35     Subdivision 1.  [ERRONEOUS PAYMENTS.] If a recipient 
  9.36  receives monetary assistance as a rehabilitation service from 
 10.1   services for the blind in excess of that to which the recipient 
 10.2   is entitled by law, state services for the blind the board 
 10.3   shall, as soon as it discovers the amount of the erroneous 
 10.4   payment, notify the recipient to return the same in accordance 
 10.5   with rules adopted by the commissioner board.  Unless the 
 10.6   recipient files an appeal under section 248.07, subdivision 15, 
 10.7   within 15 days after the notice to return is personally 
 10.8   delivered to the recipient or mailed to the recipient's last 
 10.9   known address, the determination of overpayment shall be 
 10.10  considered final.  If the recipient files a timely appeal, the 
 10.11  determination shall not be considered final until the 
 10.12  recipient's administrative appeal remedies are exhausted.  State 
 10.13  services for the blind The board may recoup overpayments 
 10.14  considered final under this subdivision by deducting the amount 
 10.15  or a part of the overpayment from future monetary assistance 
 10.16  payments to the recipient or by civil action in the name of the 
 10.17  commissioner.  Overpayments made more than three years prior to 
 10.18  discovery of the error are not recoverable under this 
 10.19  subdivision. 
 10.20     Sec. 7.  Minnesota Statutes 1996, section 256.482, 
 10.21  subdivision 1, is amended to read: 
 10.22     Subdivision 1.  [ESTABLISHMENT; MEMBERS.] There is hereby 
 10.23  established the council on disability which shall consist of 21 
 10.24  members appointed by the governor.  Members shall be appointed 
 10.25  from the general public and from organizations which provide 
 10.26  services for persons who have a disability.  A majority of 
 10.27  council members shall be persons with a disability or parents or 
 10.28  guardians of persons with a disability.  There shall be at least 
 10.29  one member of the council appointed from each of the state 
 10.30  development regions.  The commissioners of the departments of 
 10.31  children, families, and learning, human services, health, 
 10.32  economic security, and human rights and the directors of the 
 10.33  division of rehabilitation services and state services for the 
 10.34  blind the board for blind Minnesotans or their designees shall 
 10.35  serve as ex officio members of the council without vote.  In 
 10.36  addition, the council may appoint ex officio members from other 
 11.1   bureaus, divisions, or sections of state departments which are 
 11.2   directly concerned with the provision of services to persons 
 11.3   with a disability.  
 11.4      Notwithstanding the provisions of section 15.059, each 
 11.5   member of the council appointed by the governor shall serve a 
 11.6   three-year term and until a successor is appointed and 
 11.7   qualified.  The compensation and removal of all members shall be 
 11.8   as provided in section 15.059.  The governor shall appoint a 
 11.9   chair of the council from among the members appointed from the 
 11.10  general public or who are persons with a disability or their 
 11.11  parents or guardians.  Vacancies shall be filled by the 
 11.12  authority for the remainder of the unexpired term.  
 11.13     Sec. 8.  [TRANSFER.] 
 11.14     The powers and duties of the commissioner of economic 
 11.15  security described in sections 1 to 7 are transferred to the 
 11.16  board for blind Minnesotans under Minnesota Statutes, section 
 11.17  15.039. 
 11.18     Sec. 9.  [APPROPRIATION.] 
 11.19     $....... is appropriated from the general fund to the board 
 11.20  for blind Minnesotans for the purposes of this act.  The 
 11.21  appropriation is available until June 30, 1999.