3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; amending Minnesota 1.3 Statutes 1994, sections 256C.23; 256C.24, as amended; 1.4 256C.25, subdivision 1; 256C.26; and 256C.28, as 1.5 amended; proposing coding for new law in Minnesota 1.6 Statutes, chapter 256C; repealing Minnesota Statutes 1.7 1994, sections 256C.22; and 256C.27. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1994, section 256C.23, is 1.10 amended to read: 1.11 256C.23 [DEFINITIONS.] 1.12 Subdivision 1. For the purposes of sections 256C.21 to 1.13 256C.27 the terms defined in this section shall have the 1.14 meanings given them, unless the context clearly indicates 1.15 otherwise. 1.16 Subd. 2. "Deaf" means a hearing loss of such severity that 1.17 the individual must depend primarily on visual communication 1.18 such as writing, lip reading, manual communication, and gestures. 1.19 Subd. 2a. "Hard-of-hearing" means a hearing loss resulting 1.20 in a functional loss of hearing, but not to the extent that the 1.21 individual must depend primarily upon visual communication. 1.22 Subd. 2b. "Deaf-blind" means any combination of vision and 1.23 hearing loss which interferes with acquiring information from 1.24 the environment to the extent that compensatory strategies and 1.25 skills are necessary to access that or other information. 1.26 Subd. 3. "Regional service center" means a facility 2.1 designed to provide an entry point for deaf, deaf-blind, and 2.2 hard-of-hearing persons of that region in need of education, 2.3 employment, social, human, or other services. 2.4
Subd. 4. "Human services" means correctional, educational,2.5 occupational, health, mental health, financial and social2.6 services.2.7 Subd. 5. "Human services agency" means a state, regional2.8 or local agency that provides human services.2.9 Sec. 2. [256C.233] [DUTIES OF STATE AGENCIES.] 2.10 Subdivision 1. [DEAF AND HARD-OF-HEARING DIVISION.] The 2.11 commissioners of human services, children, families, and 2.12 learning, and economic security shall create a distinct and 2.13 separate organizational unit to be known as the deaf and 2.14 hard-of-hearing services division to address the developmental, 2.15 social, educational, and occupational needs of deaf, deaf-blind, 2.16 and hard-of-hearing persons through a statewide network of 2.17 collaborative services and by coordinating the promulgation of 2.18 public policies, regulations, legislation, and programs 2.19 affecting deaf, deaf-blind, and hard-of-hearing persons. An 2.20 interdepartmental management team shall supervise the activities 2.21 of the deaf and hard-of-hearing services division. The 2.22 commissioner of human services shall coordinate the work of the 2.23 interagency management team and receive legislative 2.24 appropriations for the division. 2.25 Subd. 2. [RESPONSIBILITIES.] The deaf and hard-of-hearing 2.26 services division shall: 2.27 (1) establish and maintain a statewide network of regional 2.28 service centers for deaf, deaf-blind, and hard-of-hearing 2.29 Minnesotans; 2.30 (2) assist the departments of human services, children, 2.31 families, and learning, and economic security to coordinate the 2.32 promulgation and implementation of public policies, regulations, 2.33 legislation, programs, and services affecting deaf, deaf-blind, 2.34 and hard-of-hearing persons; and 2.35 (3) provide a coordinated system of statewide interpreter 2.36 referral services. 3.1 Subd. 3. [HEALTH.] The commissioner of health shall 3.2 establish standards for screening for hearing loss with special 3.3 emphasis on screening of persons from birth through school age 3.4 and persons over age 65. 3.5 Subd. 4. [STATE COMMISSIONERS.] The commissioners of all 3.6 state agencies shall consult with the deaf and hard-of-hearing 3.7 services division concerning the promulgation of public 3.8 policies, regulations, and programs necessary to address the 3.9 needs of deaf, deaf-blind, and hard-of-hearing Minnesotans. 3.10 Each state agency shall consult with the deaf and 3.11 hard-of-hearing services division concerning the need to forward 3.12 legislative initiatives to the governor to address the concerns 3.13 of deaf, deaf-blind, and hard-of-hearing Minnesotans. 3.14 Sec. 3. Minnesota Statutes 1994, section 256C.24, as 3.15 amended by Laws 1995, chapter 190, section 14, is amended to 3.16 read: 3.17 256C.24 [REGIONAL SERVICE CENTERS.] 3.18 Subdivision 1. [LOCATION.] The commissioner of humandeaf 3.19 and hard-of-hearing services division shall establish up to 3.20 eight regional service centers for deaf and hard-of-hearing 3.21 persons. The centers shall be distributed regionally to provide 3.22 access for deaf, deaf-blind, and hard-of-hearing persons in all 3.23 parts of the state. The center shall maintain a current3.24 registry of those persons having or suspected of having a3.25 hearing loss who live in that region. A special task of the3.26 registry is to assure that referrals and follow-up services are3.27 completed with respect to persons in the register.3.28 Subd. 2. [RESPONSIBILITIES.] TheEach regional service 3.29 center shall: 3.30 (a) serve as thea central entry point for deaf, 3.31 deaf-blind, and hard-of-hearing persons in need of human3.32 services and make referrals to the services needed; 3.33 (b) employ staff trained to work with deaf, deaf-blind, and 3.34 hard-of-hearing persons; 3.35 (c) provide to all deaf, deaf-blind, and hard-of-hearing 3.36 persons access to interpreter services which are necessary to 4.1 help them obtain humanservices; 4.2 (d) implement a plan to provide loanloaned equipment and 4.3 resource materials to deaf, deaf-blind, and hard-of-hearing 4.4 persons; and4.5 (e) cooperate with responsible departments and 4.6 administrative authorities to provide access for deaf, 4.7 deaf-blind, and hard-of-hearing persons to services provided by 4.8 state, county, and regional agencies .; 4.9 (f) collaborate with the resource center for the deaf and 4.10 hard-of-hearing persons, other divisions of the department of 4.11 children, families, and learning, and local school districts to 4.12 develop and deliver programs and services for families with 4.13 deaf, deaf-blind, or hard-of-hearing children and to support 4.14 school personnel serving these children; 4.15 (g) when possible, provide training to the social service 4.16 or income maintenance staff employed by counties or by 4.17 organizations with whom counties contract for services to ensure 4.18 that communication barriers which prevent deaf, deaf-blind, and 4.19 hard-of-hearing persons from using services are removed; 4.20 (h) when possible, provide training to state and regional 4.21 human service agencies regarding program access for deaf, 4.22 deaf-blind, and hard-of-hearing persons; and 4.23 (i) assess the ongoing need and supply of services for 4.24 deaf, deaf-blind, and hard-of-hearing persons in all parts of 4.25 the state and cooperate with public and private service 4.26 providers to develop these services. 4.27 Subd. 3. [ADVISORY COMMITTEE.] The commissioner of human4.28 director of the deaf and hard-of-hearing services division shall 4.29 appoint an advisory committee of up to nine persons for each 4.30 regional service area. Members shall include persons who are 4.31 deaf, deaf-blind, and hard-of-hearing, persons who are 4.32 communication-impaired, parents of children who are deaf and 4.33 hard-of-hearing, parents of communication-impaired children, and 4.34 representatives of county and regional human services, including 4.35 representatives of private service providers. At least 50 4.36 percent of the members must be deaf or deaf-blind or hard-of- 5.1 hearing or communication-impaired. Committee members shall 5.2 serve for a three-year term and shall serve no more than two 5.3 consecutive terms. The commissioner of human servicesEach 5.4 advisory committee shall designate one member aselect a chair. 5.5 The commissioner of humandirector of the deaf and 5.6 hard-of-hearing services division shall assign staff to serve as 5.7 ex officiononvoting members of the committee. Members shall 5.8 not receive a per diem. Otherwise, the compensation, removal of 5.9 members, and filling of vacancies on the committee shall be as 5.10 provided in section 15.0575. 5.11 Sec. 4. Minnesota Statutes 1994, section 256C.25, 5.12 subdivision 1, is amended to read: 5.13 Subdivision 1. [ESTABLISHMENT.] The commissioner of human5.14 deaf and hard-of-hearing services division shall maintain and 5.15 coordinate statewide interpreter referral services for use by 5.16 any public or private agency or individual in the state. Within 5.17 the seven-county metro area, the commissionerdivision shall 5.18 contract for these services; outside the metro area, 5.19 the commissionerdivision shall directly coordinate these 5.20 services but may contract with an appropriate agency to provide 5.21 this service. The commissionerdivision may collect a $3 fee 5.22 per referral for interpreter referral services and the actual 5.23 costs of interpreter services provided by department staff. 5.24 Fees and payments collected shall be deposited in the general 5.25 fund. The $3 referral fee shall not be collected from state 5.26 agencies or local units of government or deaf or hard-of-hearing 5.27 consumers or interpreters. 5.28 Sec. 5. Minnesota Statutes 1994, section 256C.26, is 5.29 amended to read: 5.30 256C.26 [EMPLOYMENT SERVICES.] 5.31 The commissioner of economic security shall develop a plan5.32 to deal with the underemployment of deaf and hard of hearing5.33 persons. The plan shall provide for training regarding the5.34 nature of hearing handicaps for department staff who consult5.35 with prospective employers or who provide job placement services5.36 work with the deaf and hard-of-hearing services division to 6.1 develop and implement a plan to deal with the underemployment of 6.2 deaf, deaf-blind, and hard-of-hearing persons. 6.3 Sec. 6. Minnesota Statutes 1994, section 256C.28, as 6.4 amended by Laws 1995, First Special Session chapter 3, article 6.5 16, section 13, is amended to read: 6.6 256C.28 [COMMISSION SERVING DEAF AND HARD-OF-HEARING 6.7 PEOPLE.] 6.8 Subdivision 1. [MEMBERSHIP.] The Minnesota commission 6.9 serving deaf and hard-of-hearing people consists of seven 6.10 members appointed at large and one member from each advisory 6.11 committee established under section 256C.24, subdivision 3. At 6.12 least 50 percent of the members must be deaf or deaf-blind or 6.13 hard of hearing. Members shall include persons who are deaf, 6.14 deaf-blind, and hard of hearing, parents of children who are 6.15 deaf, deaf-blind, and hard of hearing, and representatives of 6.16 county and regional human services, including representatives of 6.17 private service providers. Commission members are appointed by 6.18 the commissioner of human servicesgovernor for a three-year 6.19 term and shall serve no more than two consecutive terms. 6.20 The commissioner of human servicescommission shall appoint6.21 select one member as chair. 6.22 Subd. 2. [REMOVAL; VACANCIES.] The compensation, removal 6.23 of members, and filling of vacancies on the commission are as 6.24 provided in section 15.0575. 6.25 Subd. 3. [MISSION.] The commission shall serve as the 6.26 principal agency of the state to advocate on behalf of deaf, 6.27 deaf-blind, and hard-of-hearing Minnesotans by working to ensure 6.28 those persons have equal access to the services, programs, and 6.29 opportunities available to others. 6.30 Subd. 3a. [DUTIES.] The commission shall: 6.31 (1) advise the governor, the legislature, and the6.32 commissioners of the departments of human services, children,6.33 families, and learning, economic security, and health on the6.34 nature of the issues and disabilities confronting deaf and hard6.35 of hearing persons in Minnesotaassist deaf, deaf-blind, and 6.36 hard-of-hearing persons and parents of deaf, deaf-blind, and 7.1 hard-of-hearing students in advocating for equal access to 7.2 services, programs, and opportunities; 7.3 (2) advise the governor, the legislature, and the 7.4 commissioners of the departments of human services, children, 7.5 families, and learning, economic security, and health on the 7.6 development of policies, programs, and services affecting deaf, 7.7 deaf-blind, and hard-of-hearing persons, and on the use of 7.8 appropriate federal and state money; 7.9 (3) create a public awareness of the special needs and 7.10 potential of deaf, deaf-blind, and hard-of-hearing persons; 7.11 (4) provide the governor, the legislature, and the 7.12 commissioners of the departments of human services, children, 7.13 families, and learning, economic security, and health with a 7.14 review of ongoing services, programs, and proposed legislation 7.15 affecting deaf, deaf-blind, and hard-of-hearing persons; 7.16 (5) advise the governor, the legislature, and the 7.17 commissioners of the departments of human services, children, 7.18 families, and learning, economic security, and health on 7.19 statutes or, rules, and policies necessary to ensure that deaf, 7.20 deaf-blind, and hard-of-hearing persons have equal access to 7.21 benefits and services provided to individuals in Minnesota; 7.22 (6) recommend to the governor, the legislature, and the 7.23 commissioners of the departments of human services, children, 7.24 families, and learning, economic security, and health 7.25 legislation designed to improve the economic and social 7.26 conditions of deaf, deaf-blind, and hard-of-hearing persons in 7.27 Minnesota; 7.28 (7) propose solutions to problems of deaf, deaf-blind, and 7.29 hard-of-hearing persons in the areas of education, employment, 7.30 human rights, human services, health, housing, and other related 7.31 programs; 7.32 (8) recommend to the governor and the legislature any 7.33 needed revisions in the state's affirmative action program and 7.34 any other steps necessary to eliminate the underemployment or 7.35 unemployment of deaf, deaf-blind, and hard-of-hearing persons in 7.36 the state's work force; 8.1 (9) work with other state and federal agencies and 8.2 organizations to promote economic development for deaf, 8.3 deaf-blind, and hard-of-hearing Minnesotans; and 8.4 (10) coordinate its efforts with other state and local 8.5 agencies serving deaf, deaf-blind, and hard-of-hearing persons. 8.6 Subd. 4. [STAFF.] The commission may appoint, subject to 8.7 the approval of the governor, an executive director who must be 8.8 experienced in administrative activities and familiar with the 8.9 problems and needs of deaf, deaf-blind, and hard-of-hearing 8.10 persons. The commission may delegate to the executive director 8.11 any powers and duties under this section that do not require 8.12 commission approval. The executive director serves in the 8.13 unclassified service and may be removed at any time by a 8.14 majority vote of the commission. The executive director shall 8.15 coordinate the provision of necessary support services to the 8.16 commission with the state department of human servicesdeaf and 8.17 hard-of-hearing services division. The executive director may 8.18 employ and direct staff necessary to carry out commission 8.19 mandates, policies, activities, and objectives. 8.20 Subd. 5. [POWERS.] The commission may contract in its own 8.21 name. Contracts must be approved by a majority of the members 8.22 of the commission and executed by the chair and the executive 8.23 director. The commission may apply for, receive, and expend in 8.24 its own name grants and gifts of money consistent with the 8.25 powers and duties specified in this section. 8.26 Subd. 6. [REPORT.] The commission shallmay prepare and 8.27 distribute a report to the commissioner, the governor, and the8.28 legislature by December 31 of each even-numbered yearperiodic 8.29 reports to the state agency commissioners, the governor, and the 8.30 legislature concerning the activities of the commission and the 8.31 needs and concerns of deaf, deaf-blind, and hard-of-hearing 8.32 Minnesotans. The report must summarize the activities of the8.33 commission since its prior report, list receipts and8.34 expenditures, identify the major problems and issues confronting8.35 deaf and hard of hearing persons, make recommendations regarding8.36 needed policy and program development on behalf of deaf and hard9.1 of hearing individuals in Minnesota, and list the specific9.2 objectives the commission seeks to attain during the next9.3 biennium.9.4 Sec. 7. [REPEALER.] 9.5 Minnesota Statutes 1994, sections 256C.22 and 256C.27, are 9.6 repealed.