HF 760

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/08/2013 11:00am

1.1A bill for an act

1.2relating to human services; updating outdated terminology;amending Minnesota
1.3Statutes 2012, sections 15.44; 124D.57; 127A.45, subdivision 12; 144.651,
1.4subdivision 4; 145.88; 146A.11, subdivision 1; 148.512, subdivisions 12,
1.513; 150A.13, subdivision 6; 174.255, subdivision 1; 202A.13; 202A.155;
1.6202A.156; 237.036; 237.16, subdivision 9; 240A.04; 240A.06, subdivisions
1.71, 2; 256.01, subdivision 2; 256C.24, subdivision 3; 256C.29; 299C.06;
1.8326B.106, subdivisions 9, 11; 473.608, subdivision 22; 589.35, subdivision 1;
1.9595.02, subdivision 1; 609.06, subdivision 1; 609.749, subdivision 2; 626.8455,
1.10subdivision 1.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12    Section 1. Minnesota Statutes 2012, section 15.44, is amended to read:
1.1315.44 AIDS FOR DISABLED PERSONS WITH DISABILITIES AT STATE
1.14MEETINGS.
1.15After July 1, 1980, a state agency which sponsors, in whole or in part, a meeting
1.16or conference for the public or for state employees shall ensure that a physically
1.17disabled participant who gives reasonable advance notice to the agency will receive the
1.18auxiliary aids necessary for effective participation. Auxiliary aids may include taped
1.19or Brailled materials, interpreters or other effective means of making orally delivered
1.20material available to participants with hearing impairments who are deaf, deafblind, and
1.21hard-of-hearing, and equipment adaptable for use by participants with manual impairments
1.22and other similar services and action; however, nothing in this section shall (1) require a
1.23state agency to provide attendants, individually prescribed devices, or other devices or
1.24services of a personal nature or (2) apply to the Minnesota State Colleges and Universities
1.25or the University of Minnesota with respect to classes, seminars or training programs
1.26which are offered by them. When sign language interpreters are provided, they shall be
2.1provided in a manner so that hearing impaired participants who are deaf, deafblind, and
2.2hard-of-hearing will be able to see their signing clearly. For the purposes of this section,
2.3"physically disabled" has the meaning given in section 326B.103, subdivision 10. For the
2.4purposes of this section, "agency" means any state officer, employee, board, commission,
2.5authority, department or other agency or the executive branch of state government.

2.6    Sec. 2. Minnesota Statutes 2012, section 124D.57, is amended to read:
2.7124D.57 HEARING IMPAIRED EDUCATIONAL SUPPORT SERVICES
2.8 FOR PEOPLE WHO ARE DEAF, DEAFBLIND, HARD-OF-HEARING.
2.9    Subdivision 1. Responsibility of commissioner. The commissioner shall coordinate
2.10and may pay for support services for hearing impaired persons who are deaf, deafblind,
2.11and hard-of-hearing to assure access to educational opportunities. Services may be
2.12provided to adult students who are hearing impaired deaf, deafblind, and hard-of-hearing
2.13 and (1) have been denied access to educational opportunities because of the lack of support
2.14services or (2) are presently enrolled or (3) are contemplating enrollment in an educational
2.15program and would benefit from support services. The commissioner shall also be
2.16responsible for conducting in-service training for public and private agencies regarding
2.17the needs of hearing impaired persons who are deaf, deafblind, and hard-of-hearing in the
2.18adult education system.
2.19    Subd. 2. Support services. The commissioner may pay school districts or public or
2.20private community agencies for the following support services:
2.21(1) interpreter services to provide translation for an individual or a group of students;
2.22or
2.23(2) notetaker services to convert spoken language to written language when the
2.24student must maintain visual contact with other persons such as an interpreter or instructor.
2.25    Subd. 3. Programs included. Support services may be provided for:
2.26(1) local school district adult education programs;
2.27(2) adult technical college programs; and
2.28(3) avocational education programs sponsored by public or private community
2.29agencies.

2.30    Sec. 3. Minnesota Statutes 2012, section 127A.45, subdivision 12, is amended to read:
2.31    Subd. 12. Payment percentage for certain aids. One hundred percent of the aid for
2.32the current fiscal year must be paid for the following aids: reimbursement for enrollment
2.33options transportation, according to sections 124D.03, subdivision 8, 124D.09, subdivision
2.3422 , and 124D.10; school lunch aid, according to section 124D.111; and hearing impaired
3.1 support services aid, for persons who are deaf, deafblind, and hard-of-hearing according
3.2to section 124D.57.

3.3    Sec. 4. Minnesota Statutes 2012, section 144.651, subdivision 4, is amended to read:
3.4    Subd. 4. Information about rights. Patients and residents shall, at admission,
3.5be told that there are legal rights for their protection during their stay at the facility
3.6or throughout their course of treatment and maintenance in the community and that
3.7these are described in an accompanying written statement of the applicable rights and
3.8responsibilities set forth in this section. In the case of patients admitted to residential
3.9programs as defined in section 253C.01, the written statement shall also describe the
3.10right of a person 16 years old or older to request release as provided in section 253B.04,
3.11subdivision 2 , and shall list the names and telephone numbers of individuals and
3.12organizations that provide advocacy and legal services for patients in residential programs.
3.13Reasonable accommodations shall be made for those with communication impairments
3.14 people who have communication disabilities and those who speak a language other than
3.15English. Current facility policies, inspection findings of state and local health authorities,
3.16and further explanation of the written statement of rights shall be available to patients,
3.17residents, their guardians or their chosen representatives upon reasonable request to
3.18the administrator or other designated staff person, consistent with chapter 13, the Data
3.19Practices Act, and section 626.557, relating to vulnerable adults.

3.20    Sec. 5. Minnesota Statutes 2012, section 145.88, is amended to read:
3.21145.88 PURPOSE.
3.22Federal money received by the Minnesota Department of Health, pursuant to United
3.23States Code, title 42, sections 701 to 709, shall be expended to:
3.24(1) assure access to quality maternal and child health services for mothers and
3.25children, especially those of low income and with limited availability to health services
3.26and those children at risk of physical, neurological, emotional, and developmental
3.27problems arising from chemical abuse by a mother during pregnancy;
3.28(2) reduce infant mortality and the incidence of preventable diseases and disabling
3.29conditions among children;
3.30(3) reduce the need for inpatient and long-term care services and to otherwise
3.31promote the health of mothers and children, especially by providing preventive and
3.32primary care services for low-income mothers and children and prenatal, delivery and
3.33postpartum care for low-income mothers;
4.1(4) provide rehabilitative services for blind and disabled children under age 16
4.2receiving benefits under title XVI of the Social Security Act; and
4.3(5) provide and locate medical, surgical, corrective and other service for children
4.4who are crippled or who are suffering from conditions that lead to crippling with special
4.5health care needs.

4.6    Sec. 6. Minnesota Statutes 2012, section 146A.11, subdivision 1, is amended to read:
4.7    Subdivision 1. Scope. (a) All unlicensed complementary and alternative health
4.8care practitioners shall provide to each complementary and alternative health care
4.9client prior to providing treatment a written copy of the complementary and alternative
4.10health care client bill of rights. A copy must also be posted in a prominent location
4.11in the office of the unlicensed complementary and alternative health care practitioner.
4.12Reasonable accommodations shall be made for those clients who cannot read or who have
4.13communication impairments disabilities and those who do not read or speak English. The
4.14complementary and alternative health care client bill of rights shall include the following:
4.15    (1) the name, complementary and alternative health care title, business address, and
4.16telephone number of the unlicensed complementary and alternative health care practitioner;
4.17    (2) the degrees, training, experience, or other qualifications of the practitioner
4.18regarding the complimentary and alternative health care being provided, followed by the
4.19following statement in bold print:
4.20    "THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL
4.21AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND
4.22ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF
4.23CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.
4.24    Under Minnesota law, an unlicensed complementary and alternative health care
4.25practitioner may not provide a medical diagnosis or recommend discontinuance of
4.26medically prescribed treatments. If a client desires a diagnosis from a licensed physician,
4.27chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse,
4.28osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic
4.29trainer, or any other type of health care provider, the client may seek such services at
4.30any time.";
4.31    (3) the name, business address, and telephone number of the practitioner's
4.32supervisor, if any;
4.33    (4) notice that a complementary and alternative health care client has the right to file a
4.34complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;
5.1    (5) the name, address, and telephone number of the office of unlicensed
5.2complementary and alternative health care practice and notice that a client may file
5.3complaints with the office;
5.4    (6) the practitioner's fees per unit of service, the practitioner's method of billing
5.5for such fees, the names of any insurance companies that have agreed to reimburse the
5.6practitioner, or health maintenance organizations with whom the practitioner contracts to
5.7provide service, whether the practitioner accepts Medicare, medical assistance, or general
5.8assistance medical care, and whether the practitioner is willing to accept partial payment,
5.9or to waive payment, and in what circumstances;
5.10    (7) a statement that the client has a right to reasonable notice of changes in services
5.11or charges;
5.12    (8) a brief summary, in plain language, of the theoretical approach used by the
5.13practitioner in providing services to clients;
5.14    (9) notice that the client has a right to complete and current information concerning
5.15the practitioner's assessment and recommended service that is to be provided, including
5.16the expected duration of the service to be provided;
5.17    (10) a statement that clients may expect courteous treatment and to be free from
5.18verbal, physical, or sexual abuse by the practitioner;
5.19    (11) a statement that client records and transactions with the practitioner are
5.20confidential, unless release of these records is authorized in writing by the client, or
5.21otherwise provided by law;
5.22    (12) a statement of the client's right to be allowed access to records and written
5.23information from records in accordance with sections 144.291 to 144.298;
5.24    (13) a statement that other services may be available in the community, including
5.25where information concerning services is available;
5.26    (14) a statement that the client has the right to choose freely among available
5.27practitioners and to change practitioners after services have begun, within the limits of
5.28health insurance, medical assistance, or other health programs;
5.29    (15) a statement that the client has a right to coordinated transfer when there will
5.30be a change in the provider of services;
5.31    (16) a statement that the client may refuse services or treatment, unless otherwise
5.32provided by law; and
5.33    (17) a statement that the client may assert the client's rights without retaliation.
5.34    (b) This section does not apply to an unlicensed complementary and alternative
5.35health care practitioner who is employed by or is a volunteer in a hospital or hospice who
5.36provides services to a client in a hospital or under an appropriate hospice plan of care.
6.1Patients receiving complementary and alternative health care services in an inpatient
6.2hospital or under an appropriate hospice plan of care shall have and be made aware of
6.3the right to file a complaint with the hospital or hospice provider through which the
6.4practitioner is employed or registered as a volunteer.

6.5    Sec. 7. Minnesota Statutes 2012, section 148.512, subdivision 12, is amended to read:
6.6    Subd. 12. Practice of audiology. The "practice of audiology" means:
6.7(1) identification, assessment, and interpretation, diagnosis, rehabilitation, and
6.8prevention of hearing disorders;
6.9(2) conservation of the auditory system function; development and implementation
6.10of hearing conservation programs;
6.11(3) measurement, assessment, and interpretation of auditory and vestibular function;
6.12(4) selecting, fitting, and dispensing of assistive listening devices, alerting and
6.13amplification devices, and systems for personal and public use, including hearing aids and
6.14devices, and providing training in their use;
6.15(5) aural habilitation and rehabilitation and related counseling for hearing impaired
6.16 individuals who are deaf, deafblind, and hard-of-hearing and their families;
6.17(6) screening of speech, language, voice, or fluency for the purposes of audiologic
6.18evaluation or identification of possible communication disorders; or
6.19(7) supervision of the functions in clauses (1) to (6).
6.20The practice of audiology does not include the practice of medicine and surgery,
6.21or osteopathic medicine and surgery, or medical diagnosis that is commonly performed
6.22by a physician.

6.23    Sec. 8. Minnesota Statutes 2012, section 148.512, subdivision 13, is amended to read:
6.24    Subd. 13. Practice of speech-language pathology. The "practice of
6.25speech-language pathology" means:
6.26(1) identification, assessment, and interpretation, diagnosis, habilitation,
6.27rehabilitation, treatment and prevention of disorders of speech, articulation, fluency, voice,
6.28and language;
6.29(2) identification, assessment, and interpretation, diagnosis, habilitation, and
6.30rehabilitation of disorders of oral-pharyngeal function and related disorders;
6.31(3) identification, assessment, and interpretation, diagnosis, habilitation, and
6.32rehabilitation of communication disorders associated with cognition;
6.33(4) assessing, selecting, and developing augmentative and alternative communication
6.34systems and providing training in their use;
7.1(5) aural habilitation and rehabilitation and related counseling for hearing impaired
7.2 individuals who are deaf, deafblind, and hard-of-hearing and their families;
7.3(6) enhancing speech-language proficiency and communication effectiveness;
7.4(7) screening individuals for hearing loss or middle ear pathology for the purposes
7.5of speech-language evaluation or for the identification of possible hearing disorders; or
7.6(8) supervision of the functions in clauses (1) to (7).
7.7The practice of speech-language pathology does not include the practice of medicine
7.8and surgery, or osteopathic medicine and surgery, or medical diagnosis that is commonly
7.9performed by a physician.

7.10    Sec. 9. Minnesota Statutes 2012, section 150A.13, subdivision 6, is amended to read:
7.11    Subd. 6. Courts. The court administrator of district court or any other court of
7.12competent jurisdiction shall report to the board any judgment or other determination of
7.13the court that adjudges or includes a finding that a licensee is mentally ill has a mental
7.14illness, mentally incompetent is unable to practice with reasonable skill and safety due to a
7.15mental condition, guilty of a felony, guilty of a violation of federal or state narcotics laws
7.16or controlled substances act, or guilty of an abuse or fraud under Medicare or Medicaid; or
7.17that appoints a guardian of the licensee pursuant to sections 524.5-101 to 524.5-502, or
7.18commits a licensee pursuant to chapter 253B.

7.19    Sec. 10. Minnesota Statutes 2012, section 174.255, subdivision 1, is amended to read:
7.20    Subdivision 1. Accessibility for people with disability. The commissioner shall
7.21require any paratransit project receiving assistance under section 174.24 that includes the
7.22operation of two or more vehicles other than automobiles or taxis to provide at least one
7.23vehicle that is accessible to disabled individuals and may require additional accessible
7.24vehicles if necessary to serve disabled individuals expected to use the project. A vehicle
7.25is accessible if it is equipped to allow transportation of an individual confined to using a
7.26wheelchair or using an orthopedic device.

7.27    Sec. 11. Minnesota Statutes 2012, section 202A.13, is amended to read:
7.28202A.13 COMMITTEES, CONVENTIONS.
7.29The rules of each major political party shall provide that for each congressional
7.30district and each county or legislative district a convention shall be held at least once
7.31every state general election year. Each major political party shall also provide for each
7.32congressional district and each county or legislative district an executive committee
7.33consisting of a chair and such other officers as may be necessary. The party rules may
8.1provide for only one executive committee and one convention where any county and
8.2congressional district have the same territorial limits.
8.3A communicatively impaired delegate or alternate who is deaf, deafblind,
8.4or hard-of-hearing who needs interpreter services at a county, legislative district,
8.5congressional district, or state convention shall so notify the executive committee of the
8.6major political party unit whose convention the delegate or alternate plans to attend.
8.7Written notice must be given by certified mail to the executive committee at least 30 days
8.8before the convention date. The major political party, not later than 14 days before the
8.9convention date, shall secure the services of one or more interpreters if available and shall
8.10assume responsibility for the cost of the services. The state central committee of the major
8.11political party shall determine the process for reimbursing interpreters.
8.12A visually impaired delegate or alternate to a county, legislative district,
8.13congressional district, or state convention may notify the executive committee of the major
8.14political party unit that the delegate or alternate requires convention materials in audio
8.15tape, Braille, or large print format. Upon receiving the request, the executive committee
8.16shall provide all official written convention materials as soon as they are available, so
8.17that the visually impaired individual may have them converted to audio tape, Braille, or
8.18large print format, prior to the convention.

8.19    Sec. 12. Minnesota Statutes 2012, section 202A.155, is amended to read:
8.20202A.155 INTERPRETER SERVICES; CAUCUS MATERIALS.
8.21A communicatively impaired An individual who is deaf, deafblind, or
8.22hard-of-hearing who needs interpreter services at a precinct caucus shall so notify the
8.23major political party whose caucus the individual plans to attend. Notice must be given by
8.24letter or electronic mail to the state office of the major political party before the precinct
8.25caucus date. The major political party shall promptly attempt to secure the services of one
8.26or more interpreters if available and shall assume responsibility for the cost of the services
8.27if provided. The state central committee of the major political party shall determine the
8.28process for reimbursing interpreters.
8.29A visually impaired individual may notify the county or legislative district
8.30committee of the major political party whose precinct caucus the individual plans to
8.31attend, that the individual requires caucus materials in audio tape, Braille, or large type
8.32format. Upon receiving the request, the county or legislative district committee shall
8.33provide all official written caucus materials as soon as they are available, so that the
8.34visually impaired individual may have them converted to audio tape, Braille, or large
8.35print format prior to the precinct caucus.

9.1    Sec. 13. Minnesota Statutes 2012, section 202A.156, is amended to read:
9.2202A.156 INTERPRETER SERVICES AND ACCESSIBLE PRECINCT
9.3CAUCUS EXEMPTIONS.
9.4A major political party is not required to:
9.5(1) provide an interpreter for a convention or precinct caucus if it has made
9.6documented good faith efforts to locate and assign an interpreter, including contacting an
9.7interpreter referral center or regional service center for the hearing impaired people who
9.8are deaf, deafblind, and hard-of-hearing, and no interpreters are available; or
9.9(2) hold a precinct caucus at a place that meets the accessibility standards for
9.10precinct polling places specified in section 204B.16, subdivision 5, if it has made
9.11documented good faith efforts to locate and secure an available accessible site within a
9.12reasonable distance of the precinct, and no accessible site is available.

9.13    Sec. 14. Minnesota Statutes 2012, section 237.036, is amended to read:
9.14237.036 COIN-OPERATED OR PUBLIC PAY TELEPHONES.
9.15(a) Neither commission approval nor a commission certificate is required to:
9.16(1) site a coin-operated or public pay telephone in the state; or
9.17(2) implement changes in service, services offered, rates, or location regarding a
9.18coin-operated or public pay telephone. Registration under section 237.64 is required to
9.19own or operate a coin-operated or public pay telephone in the state.
9.20(b) This section does not change the authority of other state or local government
9.21entities to regulate aspects of coin-operated or public pay telephone ownership, location,
9.22or operation; however, an entity may not regulate aspects of these services that it did not
9.23regulate prior to May 26, 1999. The commission shall retain the authority delegated to
9.24it under federal and state law to protect the public interest with regard to coin-operated
9.25or public pay telephones.
9.26(c) Owners and operators of coin-operated or public pay telephones are exempt from
9.27sections 237.06, 237.07, 237.075, 237.09, 237.23, 237.295, and 237.39 and the annual
9.28reporting requirement of section 237.11.
9.29(d) Owners of coin-operated or public pay telephones shall:
9.30(1) provide immediate coin-free access, to the extent technically feasible, to 911
9.31emergency service or to another approved emergency service; and
9.32(2) provide free access to the telecommunications relay service for the
9.33communication impaired people with communication disabilities.
9.34(e) Owners of coin-operated or public pay telephones must post at each coin-operated
9.35or public pay telephone location:
10.1(1) customer service and complaint information, including the name, address, and
10.2telephone number of the owner of the coin-operated or public pay telephone and the
10.3operator service handling calls from the coin-operated or public pay telephone; a toll-free
10.4number of the appropriate telephone company for the resolution of complaints; and the
10.5toll-free number of the public utilities commission; and
10.6(2) a toll-free number at which consumers can obtain pricing information regarding
10.7rates, charges, terms, and conditions of local and long-distance calls.

10.8    Sec. 15. Minnesota Statutes 2012, section 237.16, subdivision 9, is amended to read:
10.9    Subd. 9. Universal service fund. The commission shall establish and require
10.10contributions to a universal service fund, to be supported by all providers of telephone
10.11services, whether or not they are telephone companies under section 237.01, including, but
10.12not limited to, local telephone companies, independent telephone companies, cooperative
10.13telephone companies, municipal telephone companies, telecommunications carriers,
10.14radio common carriers, personal communication service providers, and cellular carriers.
10.15Services that should be considered for inclusion as universal include, at a minimum,
10.16single-party service including access, usage and touch-tone capability; line quality
10.17capable of carrying facsimile and data transmissions; equal access; emergency services
10.18number capability; statewide telecommunications relay service for the hearing-impaired
10.19 people with hearing loss; and blocking of long-distance toll services. The fund must be
10.20administered and distributed in accordance with rules adopted by the commission and
10.21designed to preserve the availability of universal service throughout the state. Any state
10.22universal service fund must be coordinated with any federal universal service fund and be
10.23consistent with section 254(b)(1) to (5) of the federal Telecommunications Act of 1996,
10.24Public Law 104-104. The department shall make recommendations to the legislature by
10.25January 1, 1996, regarding a plan for contributions to and expenditures from the universal
10.26service fund. In particular, the department shall address the following issues:
10.27(1) what additional services should be included in the basic set of essential telephone
10.28services which the state should encourage in its mandate to ensure universal service;
10.29(2) whether and how expenditures from the fund should be used to ensure citizens
10.30access to local government and other public access programming; and
10.31(3) whether expenditures from the fund should be used to encourage construction
10.32of infrastructure for, and access to, advanced services, especially in high-cost areas of
10.33the state, and, if the commission determines the fund should be used for this purpose, a
10.34plan to accomplish these goals.

11.1    Sec. 16. Minnesota Statutes 2012, section 240A.04, is amended to read:
11.2240A.04 PROMOTION AND DEVELOPMENT OF AMATEUR SPORTS.
11.3In addition to the powers and duties granted under section 240A.03, the commission
11.4may:
11.5(1) promote the development of Olympic training centers;
11.6(2) promote physical fitness by promoting participation in sports;
11.7(3) develop, foster, and coordinate physical fitness services and programs;
11.8(4) sponsor amateur sport workshops, clinics, and conferences;
11.9(5) provide recognition for outstanding developments, achievements, and
11.10contributions to amateur sports;
11.11(6) stimulate and promote amateur sport research;
11.12(7) collect, disseminate, and communicate amateur sport information;
11.13(8) promote amateur sport and physical fitness programs in schools and local
11.14communities;
11.15(9) develop programs to promote personal health and physical fitness by participation
11.16in amateur sports in cooperation with medical, dental, sports medicine, and similar
11.17professional societies;
11.18(10) promote the development of recreational amateur sport opportunities
11.19and activities in the state, including the means of facilitating acquisition, financing,
11.20construction, and rehabilitation of sports facilities for the holding of amateur sporting
11.21events;
11.22(11) promote national and international amateur sport competitions and events;
11.23(12) sanction or sponsor amateur sport competition;
11.24(13) take membership in regional or national amateur sports associations or
11.25organizations; and
11.26(14) promote the mainstreaming and normalization inclusion of people with physical
11.27disabilities and visual and hearing impairments, visual impairments, and people who are
11.28deaf, deafblind, and hard-of-hearing in amateur sports.

11.29    Sec. 17. Minnesota Statutes 2012, section 240A.06, subdivision 1, is amended to read:
11.30    Subdivision 1. Sponsorship required. The commission may sponsor and sanction a
11.31series of statewide amateur athletic games patterned after the winter and summer Olympic
11.32Games, with variations as required by facilities, equipment, and expertise, and as necessary
11.33to include people with physical disabilities and visual and hearing impairments, people with
11.34vision impairments, and people who are deaf, deafblind, and hard-of-hearing. The games
12.1may be held annually beginning in 1989, if money and facilities are available, unless the
12.2time of the games would conflict with other sporting events as the commission determines.

12.3    Sec. 18. Minnesota Statutes 2012, section 240A.06, subdivision 2, is amended to read:
12.4    Subd. 2. Limitations. The games must be designed to encourage the participation
12.5of athletes representing a broad range of age groups, skill levels, Minnesota communities,
12.6and people with physical disabilities and visual and hearing impairments, people with
12.7vision impairments, and people who are deaf, deafblind, and hard-of-hearing. Primary
12.8participants must be residents of Minnesota. Regional competitions to determine
12.9participants in the games may be held throughout the state, and the top qualifiers in each
12.10sport or the regional competitions are qualified to participate in the state amateur athletic
12.11games. The games must be held at an appropriate site in the state.

12.12    Sec. 19. Minnesota Statutes 2012, section 256.01, subdivision 2, is amended to read:
12.13    Subd. 2. Specific powers. Subject to the provisions of section 241.021, subdivision
12.142 , the commissioner of human services shall carry out the specific duties in paragraphs (a)
12.15through (cc):
12.16    (a) Administer and supervise all forms of public assistance provided for by state law
12.17and other welfare activities or services as are vested in the commissioner. Administration
12.18and supervision of human services activities or services includes, but is not limited to,
12.19assuring timely and accurate distribution of benefits, completeness of service, and quality
12.20program management. In addition to administering and supervising human services
12.21activities vested by law in the department, the commissioner shall have the authority to:
12.22    (1) require county agency participation in training and technical assistance programs
12.23to promote compliance with statutes, rules, federal laws, regulations, and policies
12.24governing human services;
12.25    (2) monitor, on an ongoing basis, the performance of county agencies in the
12.26operation and administration of human services, enforce compliance with statutes, rules,
12.27federal laws, regulations, and policies governing welfare services and promote excellence
12.28of administration and program operation;
12.29    (3) develop a quality control program or other monitoring program to review county
12.30performance and accuracy of benefit determinations;
12.31    (4) require county agencies to make an adjustment to the public assistance benefits
12.32issued to any individual consistent with federal law and regulation and state law and rule
12.33and to issue or recover benefits as appropriate;
13.1    (5) delay or deny payment of all or part of the state and federal share of benefits and
13.2administrative reimbursement according to the procedures set forth in section 256.017;
13.3    (6) make contracts with and grants to public and private agencies and organizations,
13.4both profit and nonprofit, and individuals, using appropriated funds; and
13.5    (7) enter into contractual agreements with federally recognized Indian tribes with
13.6a reservation in Minnesota to the extent necessary for the tribe to operate a federally
13.7approved family assistance program or any other program under the supervision of the
13.8commissioner. The commissioner shall consult with the affected county or counties in
13.9the contractual agreement negotiations, if the county or counties wish to be included,
13.10in order to avoid the duplication of county and tribal assistance program services. The
13.11commissioner may establish necessary accounts for the purposes of receiving and
13.12disbursing funds as necessary for the operation of the programs.
13.13    (b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
13.14regulation, and policy necessary to county agency administration of the programs.
13.15    (c) Administer and supervise all child welfare activities; promote the enforcement of
13.16laws protecting disabled, dependent, neglected and delinquent children, and children born
13.17to mothers who were not married to the children's fathers at the times of the conception
13.18nor at the births of the children; license and supervise child-caring and child-placing
13.19agencies and institutions; supervise the care of children in boarding and foster homes or
13.20in private institutions; and generally perform all functions relating to the field of child
13.21welfare now vested in the State Board of Control.
13.22    (d) Administer and supervise all noninstitutional service to disabled persons,
13.23including those who are visually impaired, hearing impaired, or physically impaired
13.24or otherwise disabled persons with disabilities, including persons who have vision
13.25impairments, and persons who are deaf, deafblind, and hard-of-hearing or with other
13.26disabilities. The commissioner may provide and contract for the care and treatment of
13.27qualified indigent children in facilities other than those located and available at state
13.28hospitals when it is not feasible to provide the service in state hospitals.
13.29    (e) Assist and actively cooperate with other departments, agencies and institutions,
13.30local, state, and federal, by performing services in conformity with the purposes of Laws
13.311939, chapter 431.
13.32    (f) Act as the agent of and cooperate with the federal government in matters of
13.33mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
13.34431, including the administration of any federal funds granted to the state to aid in the
13.35performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
13.36and including the promulgation of rules making uniformly available medical care benefits
14.1to all recipients of public assistance, at such times as the federal government increases its
14.2participation in assistance expenditures for medical care to recipients of public assistance,
14.3the cost thereof to be borne in the same proportion as are grants of aid to said recipients.
14.4    (g) Establish and maintain any administrative units reasonably necessary for the
14.5performance of administrative functions common to all divisions of the department.
14.6    (h) Act as designated guardian of both the estate and the person of all the wards of
14.7the state of Minnesota, whether by operation of law or by an order of court, without any
14.8further act or proceeding whatever, except as to persons committed as developmentally
14.9disabled. For children under the guardianship of the commissioner or a tribe in Minnesota
14.10recognized by the Secretary of the Interior whose interests would be best served by
14.11adoptive placement, the commissioner may contract with a licensed child-placing agency
14.12or a Minnesota tribal social services agency to provide adoption services. A contract
14.13with a licensed child-placing agency must be designed to supplement existing county
14.14efforts and may not replace existing county programs or tribal social services, unless the
14.15replacement is agreed to by the county board and the appropriate exclusive bargaining
14.16representative, tribal governing body, or the commissioner has evidence that child
14.17placements of the county continue to be substantially below that of other counties. Funds
14.18encumbered and obligated under an agreement for a specific child shall remain available
14.19until the terms of the agreement are fulfilled or the agreement is terminated.
14.20    (i) Act as coordinating referral and informational center on requests for service for
14.21newly arrived immigrants coming to Minnesota.
14.22    (j) The specific enumeration of powers and duties as hereinabove set forth shall in no
14.23way be construed to be a limitation upon the general transfer of powers herein contained.
14.24    (k) Establish county, regional, or statewide schedules of maximum fees and charges
14.25which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
14.26nursing home care and medicine and medical supplies under all programs of medical
14.27care provided by the state and for congregate living care under the income maintenance
14.28programs.
14.29    (l) Have the authority to conduct and administer experimental projects to test methods
14.30and procedures of administering assistance and services to recipients or potential recipients
14.31of public welfare. To carry out such experimental projects, it is further provided that the
14.32commissioner of human services is authorized to waive the enforcement of existing specific
14.33statutory program requirements, rules, and standards in one or more counties. The order
14.34establishing the waiver shall provide alternative methods and procedures of administration,
14.35shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and
14.36in no event shall the duration of a project exceed four years. It is further provided that no
15.1order establishing an experimental project as authorized by the provisions of this section
15.2shall become effective until the following conditions have been met:
15.3    (1) the secretary of health and human services of the United States has agreed, for
15.4the same project, to waive state plan requirements relative to statewide uniformity; and
15.5    (2) a comprehensive plan, including estimated project costs, shall be approved by
15.6the Legislative Advisory Commission and filed with the commissioner of administration.
15.7    (m) According to federal requirements, establish procedures to be followed by
15.8local welfare boards in creating citizen advisory committees, including procedures for
15.9selection of committee members.
15.10    (n) Allocate federal fiscal disallowances or sanctions which are based on quality
15.11control error rates for the aid to families with dependent children program formerly
15.12codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
15.13following manner:
15.14    (1) one-half of the total amount of the disallowance shall be borne by the county
15.15boards responsible for administering the programs. For the medical assistance and the
15.16AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
15.17shared by each county board in the same proportion as that county's expenditures for the
15.18sanctioned program are to the total of all counties' expenditures for the AFDC program
15.19formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
15.20food stamp program, sanctions shall be shared by each county board, with 50 percent of
15.21the sanction being distributed to each county in the same proportion as that county's
15.22administrative costs for food stamps are to the total of all food stamp administrative costs
15.23for all counties, and 50 percent of the sanctions being distributed to each county in the
15.24same proportion as that county's value of food stamp benefits issued are to the total of
15.25all benefits issued for all counties. Each county shall pay its share of the disallowance
15.26to the state of Minnesota. When a county fails to pay the amount due hereunder, the
15.27commissioner may deduct the amount from reimbursement otherwise due the county, or
15.28the attorney general, upon the request of the commissioner, may institute civil action
15.29to recover the amount due; and
15.30    (2) notwithstanding the provisions of clause (1), if the disallowance results from
15.31knowing noncompliance by one or more counties with a specific program instruction, and
15.32that knowing noncompliance is a matter of official county board record, the commissioner
15.33may require payment or recover from the county or counties, in the manner prescribed in
15.34clause (1), an amount equal to the portion of the total disallowance which resulted from the
15.35noncompliance, and may distribute the balance of the disallowance according to clause (1).
16.1    (o) Develop and implement special projects that maximize reimbursements and
16.2result in the recovery of money to the state. For the purpose of recovering state money,
16.3the commissioner may enter into contracts with third parties. Any recoveries that result
16.4from projects or contracts entered into under this paragraph shall be deposited in the
16.5state treasury and credited to a special account until the balance in the account reaches
16.6$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
16.7transferred and credited to the general fund. All money in the account is appropriated to
16.8the commissioner for the purposes of this paragraph.
16.9    (p) Have the authority to make direct payments to facilities providing shelter
16.10to women and their children according to section 256D.05, subdivision 3. Upon
16.11the written request of a shelter facility that has been denied payments under section
16.12256D.05, subdivision 3 , the commissioner shall review all relevant evidence and make
16.13a determination within 30 days of the request for review regarding issuance of direct
16.14payments to the shelter facility. Failure to act within 30 days shall be considered a
16.15determination not to issue direct payments.
16.16    (q) Have the authority to establish and enforce the following county reporting
16.17requirements:
16.18    (1) the commissioner shall establish fiscal and statistical reporting requirements
16.19necessary to account for the expenditure of funds allocated to counties for human
16.20services programs. When establishing financial and statistical reporting requirements, the
16.21commissioner shall evaluate all reports, in consultation with the counties, to determine if
16.22the reports can be simplified or the number of reports can be reduced;
16.23    (2) the county board shall submit monthly or quarterly reports to the department
16.24as required by the commissioner. Monthly reports are due no later than 15 working days
16.25after the end of the month. Quarterly reports are due no later than 30 calendar days after
16.26the end of the quarter, unless the commissioner determines that the deadline must be
16.27shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
16.28or risking a loss of federal funding. Only reports that are complete, legible, and in the
16.29required format shall be accepted by the commissioner;
16.30    (3) if the required reports are not received by the deadlines established in clause (2),
16.31the commissioner may delay payments and withhold funds from the county board until
16.32the next reporting period. When the report is needed to account for the use of federal
16.33funds and the late report results in a reduction in federal funding, the commissioner shall
16.34withhold from the county boards with late reports an amount equal to the reduction in
16.35federal funding until full federal funding is received;
17.1    (4) a county board that submits reports that are late, illegible, incomplete, or not
17.2in the required format for two out of three consecutive reporting periods is considered
17.3noncompliant. When a county board is found to be noncompliant, the commissioner
17.4shall notify the county board of the reason the county board is considered noncompliant
17.5and request that the county board develop a corrective action plan stating how the
17.6county board plans to correct the problem. The corrective action plan must be submitted
17.7to the commissioner within 45 days after the date the county board received notice
17.8of noncompliance;
17.9    (5) the final deadline for fiscal reports or amendments to fiscal reports is one year
17.10after the date the report was originally due. If the commissioner does not receive a report
17.11by the final deadline, the county board forfeits the funding associated with the report for
17.12that reporting period and the county board must repay any funds associated with the
17.13report received for that reporting period;
17.14    (6) the commissioner may not delay payments, withhold funds, or require repayment
17.15under clause (3) or (5) if the county demonstrates that the commissioner failed to
17.16provide appropriate forms, guidelines, and technical assistance to enable the county to
17.17comply with the requirements. If the county board disagrees with an action taken by the
17.18commissioner under clause (3) or (5), the county board may appeal the action according
17.19to sections 14.57 to 14.69; and
17.20    (7) counties subject to withholding of funds under clause (3) or forfeiture or
17.21repayment of funds under clause (5) shall not reduce or withhold benefits or services to
17.22clients to cover costs incurred due to actions taken by the commissioner under clause
17.23(3) or (5).
17.24    (r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
17.25federal fiscal disallowances or sanctions are based on a statewide random sample in direct
17.26proportion to each county's claim for that period.
17.27    (s) Be responsible for ensuring the detection, prevention, investigation, and
17.28resolution of fraudulent activities or behavior by applicants, recipients, and other
17.29participants in the human services programs administered by the department.
17.30    (t) Require county agencies to identify overpayments, establish claims, and utilize
17.31all available and cost-beneficial methodologies to collect and recover these overpayments
17.32in the human services programs administered by the department.
17.33    (u) Have the authority to administer a drug rebate program for drugs purchased
17.34pursuant to the prescription drug program established under section 256.955 after the
17.35beneficiary's satisfaction of any deductible established in the program. The commissioner
17.36shall require a rebate agreement from all manufacturers of covered drugs as defined in
18.1section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on
18.2or after July 1, 2002, must include rebates for individuals covered under the prescription
18.3drug program who are under 65 years of age. For each drug, the amount of the rebate shall
18.4be equal to the rebate as defined for purposes of the federal rebate program in United
18.5States Code, title 42, section 1396r-8. The manufacturers must provide full payment
18.6within 30 days of receipt of the state invoice for the rebate within the terms and conditions
18.7used for the federal rebate program established pursuant to section 1927 of title XIX of
18.8the Social Security Act. The manufacturers must provide the commissioner with any
18.9information necessary to verify the rebate determined per drug. The rebate program shall
18.10utilize the terms and conditions used for the federal rebate program established pursuant to
18.11section 1927 of title XIX of the Social Security Act.
18.12    (v) Have the authority to administer the federal drug rebate program for drugs
18.13purchased under the medical assistance program as allowed by section 1927 of title XIX
18.14of the Social Security Act and according to the terms and conditions of section 1927.
18.15Rebates shall be collected for all drugs that have been dispensed or administered in an
18.16outpatient setting and that are from manufacturers who have signed a rebate agreement
18.17with the United States Department of Health and Human Services.
18.18    (w) Have the authority to administer a supplemental drug rebate program for drugs
18.19purchased under the medical assistance program. The commissioner may enter into
18.20supplemental rebate contracts with pharmaceutical manufacturers and may require prior
18.21authorization for drugs that are from manufacturers that have not signed a supplemental
18.22rebate contract. Prior authorization of drugs shall be subject to the provisions of section
18.23256B.0625, subdivision 13 .
18.24    (x) Operate the department's communication systems account established in Laws
18.251993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
18.26communication costs necessary for the operation of the programs the commissioner
18.27supervises. A communications account may also be established for each regional
18.28treatment center which operates communications systems. Each account must be used
18.29to manage shared communication costs necessary for the operations of the programs the
18.30commissioner supervises. The commissioner may distribute the costs of operating and
18.31maintaining communication systems to participants in a manner that reflects actual usage.
18.32Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
18.33other costs as determined by the commissioner. Nonprofit organizations and state, county,
18.34and local government agencies involved in the operation of programs the commissioner
18.35supervises may participate in the use of the department's communications technology and
18.36share in the cost of operation. The commissioner may accept on behalf of the state any
19.1gift, bequest, devise or personal property of any kind, or money tendered to the state for
19.2any lawful purpose pertaining to the communication activities of the department. Any
19.3money received for this purpose must be deposited in the department's communication
19.4systems accounts. Money collected by the commissioner for the use of communication
19.5systems must be deposited in the state communication systems account and is appropriated
19.6to the commissioner for purposes of this section.
19.7    (y) Receive any federal matching money that is made available through the medical
19.8assistance program for the consumer satisfaction survey. Any federal money received for
19.9the survey is appropriated to the commissioner for this purpose. The commissioner may
19.10expend the federal money received for the consumer satisfaction survey in either year of
19.11the biennium.
19.12    (z) Designate community information and referral call centers and incorporate
19.13cost reimbursement claims from the designated community information and referral
19.14call centers into the federal cost reimbursement claiming processes of the department
19.15according to federal law, rule, and regulations. Existing information and referral centers
19.16provided by Greater Twin Cities United Way or existing call centers for which Greater
19.17Twin Cities United Way has legal authority to represent, shall be included in these
19.18designations upon review by the commissioner and assurance that these services are
19.19accredited and in compliance with national standards. Any reimbursement is appropriated
19.20to the commissioner and all designated information and referral centers shall receive
19.21payments according to normal department schedules established by the commissioner
19.22upon final approval of allocation methodologies from the United States Department of
19.23Health and Human Services Division of Cost Allocation or other appropriate authorities.
19.24    (aa) Develop recommended standards for foster care homes that address the
19.25components of specialized therapeutic services to be provided by foster care homes with
19.26those services.
19.27    (bb) Authorize the method of payment to or from the department as part of the
19.28human services programs administered by the department. This authorization includes the
19.29receipt or disbursement of funds held by the department in a fiduciary capacity as part of
19.30the human services programs administered by the department.
19.31    (cc) Have the authority to administer a drug rebate program for drugs purchased for
19.32persons eligible for general assistance medical care under section 256D.03, subdivision 3.
19.33For manufacturers that agree to participate in the general assistance medical care rebate
19.34program, the commissioner shall enter into a rebate agreement for covered drugs as
19.35defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the
19.36rebate shall be equal to the rebate as defined for purposes of the federal rebate program in
20.1United States Code, title 42, section 1396r-8. The manufacturers must provide payment
20.2within the terms and conditions used for the federal rebate program established under
20.3section 1927 of title XIX of the Social Security Act. The rebate program shall utilize
20.4the terms and conditions used for the federal rebate program established under section
20.51927 of title XIX of the Social Security Act.
20.6    Effective January 1, 2006, drug coverage under general assistance medical care shall
20.7be limited to those prescription drugs that:
20.8    (1) are covered under the medical assistance program as described in section
20.9256B.0625, subdivisions 13 and 13d ; and
20.10    (2) are provided by manufacturers that have fully executed general assistance
20.11medical care rebate agreements with the commissioner and comply with such agreements.
20.12Prescription drug coverage under general assistance medical care shall conform to
20.13coverage under the medical assistance program according to section 256B.0625,
20.14subdivisions 13 to 13g .
20.15    The rebate revenues collected under the drug rebate program are deposited in the
20.16general fund.

20.17    Sec. 20. Minnesota Statutes 2012, section 256C.24, subdivision 3, is amended to read:
20.18    Subd. 3. Advisory committee. The director of the Deaf and Hard-of-Hearing
20.19Services Division shall appoint an advisory committee of up to nine persons
20.20for each regional service area. Members shall include persons who are deaf,
20.21deafblind, and hard-of-hearing, persons who are communication-impaired have
20.22communication disabilities, parents of children who are deaf and hard-of-hearing,
20.23parents of communication-impaired children who have communication disabilities, and
20.24representatives of county and regional human services, including representatives of
20.25private service providers. At least 50 percent of the members must be deaf or deafblind or
20.26hard-of-hearing or communication-impaired have a communication disability. Committee
20.27members shall serve for a three-year term and shall serve no more than two consecutive
20.28terms. Each advisory committee shall elect a chair. The director of the Deaf and
20.29Hard-of-Hearing Services Division shall assign staff to serve as nonvoting members of
20.30the committee. Members shall not receive a per diem. Otherwise, the compensation,
20.31removal of members, and filling of vacancies on the committee shall be as provided
20.32in section 15.0575.

20.33    Sec. 21. Minnesota Statutes 2012, section 256C.29, is amended to read:
20.34256C.29 COMMUNICATIONS DEVICES REQUIRED IN BUS TERMINALS.
21.1The operator of a bus terminal in the city of Minneapolis or St. Paul that serves
21.2intercity buses, defined in section 168.002, subdivision 4, shall provide, in public areas in
21.3the terminal, public pay telephones with telecommunications devices, commonly known
21.4as "TDD's," that permit a communication-impaired person who has a communication
21.5disability to communicate with others by telephone. The operator shall place signs at
21.6strategic locations in and about the terminal indicating where the telephones are available.

21.7    Sec. 22. Minnesota Statutes 2012, section 299C.06, is amended to read:
21.8299C.06 DIVISION POWERS AND DUTIES; COOPERATION.
21.9It shall be the duty of all sheriffs, chiefs of police, prison wardens, superintendents of
21.10insane hospitals for persons with mental illnesses, reformatories, and correctional schools,
21.11probation and parole officers, school attendance officers, coroners, county attorneys, court
21.12clerks, the commissioner of public safety, the commissioner of transportation, and the state
21.13fire marshal to furnish to the division statistics and information regarding the number of
21.14crimes reported and discovered; arrests made; complaints, informations, and indictments
21.15filed, and the disposition made of same; pleas, convictions, acquittals, probations granted
21.16or denied; conditional release information; receipts, transfers, and discharges to and from
21.17prisons, reformatories, correctional schools, and other institutions; paroles granted and
21.18revoked; commutation of sentences and pardons granted and rescinded; and all other data
21.19useful in determining the cause and amount of crime in this state and to form a basis for
21.20the study of crime, police methods, court procedure, and penal problems. Such statistics
21.21and information shall be furnished upon the request of the division and upon such forms
21.22as may be prescribed and furnished by it. Unless otherwise required or permitted by the
21.23superintendent of the Bureau of Criminal Apprehension, an agency or person furnishing
21.24information under this section must utilize a nationally recognized system or standard
21.25approved by the Federal Bureau of Investigation for reporting statistics and information.
21.26The division shall have the power to inspect and prescribe the form and substance of the
21.27records kept by those officials from which the information is so furnished.

21.28    Sec. 23. Minnesota Statutes 2012, section 326B.106, subdivision 9, is amended to read:
21.29    Subd. 9. Accessibility. (a) Public buildings. The code must provide for making
21.30public buildings constructed or remodeled after July 1, 1963, accessible to and usable by
21.31persons with disabilities, although this does not require the remodeling of public buildings
21.32solely to provide accessibility and usability to persons with disabilities when remodeling
21.33would not otherwise be undertaken.
22.1    (b) Leased space. No agency of the state may lease space for agency operations
22.2in a non-state-owned building unless the building satisfies the requirements of the State
22.3Building Code for accessibility by persons with disabilities, or is eligible to display the
22.4state symbol of accessibility. This limitation applies to leases of 30 days or more for
22.5space of at least 1,000 square feet.
22.6    (c) Meetings or conferences. Meetings or conferences for the public or for state
22.7employees which are sponsored in whole or in part by a state agency must be held in
22.8buildings that meet the State Building Code requirements relating to accessibility for
22.9persons with disabilities. This subdivision does not apply to any classes, seminars,
22.10or training programs offered by the Minnesota State Colleges and Universities or the
22.11University of Minnesota. Meetings or conferences intended for specific individuals none
22.12of whom need the accessibility features for persons with disabilities specified in the State
22.13Building Code need not comply with this subdivision unless a person with a disability
22.14gives reasonable advance notice of an intent to attend the meeting or conference. When
22.15sign language interpreters will be provided, meetings or conference sites must be chosen
22.16which allow hearing impaired participants who are deaf or hard-of-hearing to see their
22.17signing the sign language interpreters clearly.
22.18    (d) Exemptions. The commissioner may grant an exemption from the requirements
22.19of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts
22.20were made to secure facilities which complied with those requirements and if the selected
22.21facilities are the best available for access for persons with disabilities. Exemptions shall
22.22be granted using criteria developed by the commissioner in consultation with the Council
22.23on Disability.
22.24    (e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
22.25International's Eleventh World Congress is the state symbol indicating buildings, facilities,
22.26and grounds which are accessible to and usable by persons with disabilities. In the
22.27interests of uniformity, this symbol is the sole symbol for display in or on all public or
22.28private buildings, facilities, and grounds which qualify for its use. The secretary of
22.29state shall obtain the symbol and keep it on file. No building, facility, or grounds may
22.30display the symbol unless it is in compliance with the rules adopted by the commissioner
22.31under subdivision 1. Before any rules are proposed for adoption under this paragraph,
22.32the commissioner shall consult with the Council on Disability. Rules adopted under this
22.33paragraph must be enforced in the same way as other accessibility rules of the State
22.34Building Code.

22.35    Sec. 24. Minnesota Statutes 2012, section 326B.106, subdivision 11, is amended to read:
23.1    Subd. 11. Access for the hearing-impaired people with a hearing loss. All rooms
23.2in the State Office Building and in the Capitol that are used by the house of representatives
23.3or the senate for legislative hearings, and the public galleries overlooking the house of
23.4representatives and senate chambers, must be fitted with assistive listening devices for the
23.5hearing-impaired people with hearing loss. Each hearing room and the public galleries
23.6must have a sufficient number of receivers available so that hearing-impaired members of
23.7the public who have hearing loss may participate in the committee hearings and public
23.8sessions of the house of representatives and senate.

23.9    Sec. 25. Minnesota Statutes 2012, section 473.608, subdivision 22, is amended to read:
23.10    Subd. 22. TDD phones. The commission shall provide, in public areas at
23.11the international airport, public pay telephones with telecommunications devices,
23.12commonly known as "TDD's," that permit a communication-impaired person who has
23.13a communication disability to communicate with others by telephone. The commission
23.14shall provide one such telephone on each concourse of the main terminal, one in the main
23.15ticketing area of the main terminal, and one in the Humphrey Terminal. The commission
23.16shall place signs at strategic locations in and about the terminals indicating where the
23.17telephones are available.

23.18    Sec. 26. Minnesota Statutes 2012, section 589.35, subdivision 1, is amended to read:
23.19    Subdivision 1. Order. Except as provided in this chapter and chapter 590, a court
23.20requiring the appearance of a person confined in a state correctional facility, mental
23.21 hospital for persons with mental illnesses, or other institution after criminal conviction,
23.22civil commitment, or under court order, may order the confining institution to release the
23.23person into the temporary custody of the court. The order must specify:
23.24(1) the reason for the person's appearance;
23.25(2) to whom the confined person may be released; and
23.26(3) the date and time of the release.

23.27    Sec. 27. Minnesota Statutes 2012, section 595.02, subdivision 1, is amended to read:
23.28    Subdivision 1. Competency of witnesses. Every person of sufficient understanding,
23.29including a party, may testify in any action or proceeding, civil or criminal, in court or
23.30before any person who has authority to receive evidence, except as provided in this
23.31subdivision:
23.32    (a) A husband cannot be examined for or against his wife without her consent, nor a
23.33wife for or against her husband without his consent, nor can either, during the marriage or
24.1afterwards, without the consent of the other, be examined as to any communication made
24.2by one to the other during the marriage. This exception does not apply to a civil action or
24.3proceeding by one against the other, nor to a criminal action or proceeding for a crime
24.4committed by one against the other or against a child of either or against a child under the
24.5care of either spouse, nor to a criminal action or proceeding in which one is charged with
24.6homicide or an attempt to commit homicide and the date of the marriage of the defendant
24.7is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
24.8neglect, dependency, or termination of parental rights.
24.9    (b) An attorney cannot, without the consent of the attorney's client, be examined as
24.10to any communication made by the client to the attorney or the attorney's advice given
24.11thereon in the course of professional duty; nor can any employee of the attorney be
24.12examined as to the communication or advice, without the client's consent.
24.13    (c) A member of the clergy or other minister of any religion shall not, without the
24.14consent of the party making the confession, be allowed to disclose a confession made to
24.15the member of the clergy or other minister in a professional character, in the course of
24.16discipline enjoined by the rules or practice of the religious body to which the member of
24.17the clergy or other minister belongs; nor shall a member of the clergy or other minister of
24.18any religion be examined as to any communication made to the member of the clergy or
24.19other minister by any person seeking religious or spiritual advice, aid, or comfort or advice
24.20given thereon in the course of the member of the clergy's or other minister's professional
24.21character, without the consent of the person.
24.22    (d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the
24.23consent of the patient, be allowed to disclose any information or any opinion based thereon
24.24which the professional acquired in attending the patient in a professional capacity, and
24.25which was necessary to enable the professional to act in that capacity; after the decease
24.26of the patient, in an action to recover insurance benefits, where the insurance has been
24.27in existence two years or more, the beneficiaries shall be deemed to be the personal
24.28representatives of the deceased person for the purpose of waiving this privilege, and no
24.29oral or written waiver of the privilege shall have any binding force or effect except when
24.30made upon the trial or examination where the evidence is offered or received.
24.31    (e) A public officer shall not be allowed to disclose communications made to the
24.32officer in official confidence when the public interest would suffer by the disclosure.
24.33    (f) Persons of unsound mind and persons intoxicated at the time of their production
24.34for examination are not competent witnesses if they lack capacity to remember or to relate
24.35truthfully facts respecting which they are examined.
25.1    (g) A registered nurse, psychologist, consulting psychologist, or licensed social
25.2worker engaged in a psychological or social assessment or treatment of an individual
25.3at the individual's request shall not, without the consent of the professional's client, be
25.4allowed to disclose any information or opinion based thereon which the professional has
25.5acquired in attending the client in a professional capacity, and which was necessary to
25.6enable the professional to act in that capacity. Nothing in this clause exempts licensed
25.7social workers from compliance with the provisions of sections 626.556 and 626.557.
25.8    (h) An interpreter for a person disabled in communication shall not, without the
25.9consent of the person, be allowed to disclose any communication if the communication
25.10would, if the interpreter were not present, be privileged. For purposes of this section, a
25.11"person disabled in communication" means a person who, because of a hearing, speech
25.12or other communication disorder, or because of the inability to speak or comprehend the
25.13English language, is unable to understand the proceedings in which the person is required
25.14to participate. The presence of an interpreter as an aid to communication does not destroy
25.15an otherwise existing privilege.
25.16    (i) Licensed chemical dependency counselors shall not disclose information or
25.17an opinion based on the information which they acquire from persons consulting them
25.18in their professional capacities, and which was necessary to enable them to act in that
25.19capacity, except that they may do so:
25.20    (1) when informed consent has been obtained in writing, except in those
25.21circumstances in which not to do so would violate the law or would result in clear and
25.22imminent danger to the client or others;
25.23    (2) when the communications reveal the contemplation or ongoing commission
25.24of a crime; or
25.25    (3) when the consulting person waives the privilege by bringing suit or filing charges
25.26against the licensed professional whom that person consulted.
25.27    (j) A parent or the parent's minor child may not be examined as to any communication
25.28made in confidence by the minor to the minor's parent. A communication is confidential if
25.29made out of the presence of persons not members of the child's immediate family living
25.30in the same household. This exception may be waived by express consent to disclosure
25.31by a parent entitled to claim the privilege or by the child who made the communication
25.32or by failure of the child or parent to object when the contents of a communication are
25.33demanded. This exception does not apply to a civil action or proceeding by one spouse
25.34against the other or by a parent or child against the other, nor to a proceeding to commit
25.35either the child or parent to whom the communication was made or to place the person or
25.36property or either under the control of another because of an alleged mental or physical
26.1condition, nor to a criminal action or proceeding in which the parent is charged with a
26.2crime committed against the person or property of the communicating child, the parent's
26.3spouse, or a child of either the parent or the parent's spouse, or in which a child is charged
26.4with a crime or act of delinquency committed against the person or property of a parent
26.5or a child of a parent, nor to an action or proceeding for termination of parental rights,
26.6nor any other action or proceeding on a petition alleging child abuse, child neglect,
26.7abandonment or nonsupport by a parent.
26.8    (k) Sexual assault counselors may not be allowed to disclose any opinion or
26.9information received from or about the victim without the consent of the victim. However,
26.10a counselor may be compelled to identify or disclose information in investigations or
26.11proceedings related to neglect or termination of parental rights if the court determines good
26.12cause exists. In determining whether to compel disclosure, the court shall weigh the public
26.13interest and need for disclosure against the effect on the victim, the treatment relationship,
26.14and the treatment services if disclosure occurs. Nothing in this clause exempts sexual
26.15assault counselors from compliance with the provisions of sections 626.556 and 626.557.
26.16    "Sexual assault counselor" for the purpose of this section means a person who has
26.17undergone at least 40 hours of crisis counseling training and works under the direction
26.18of a supervisor in a crisis center, whose primary purpose is to render advice, counseling,
26.19or assistance to victims of sexual assault.
26.20(l) A domestic abuse advocate may not be compelled to disclose any opinion or
26.21information received from or about the victim without the consent of the victim unless
26.22ordered by the court. In determining whether to compel disclosure, the court shall weigh
26.23the public interest and need for disclosure against the effect on the victim, the relationship
26.24between the victim and domestic abuse advocate, and the services if disclosure occurs.
26.25Nothing in this paragraph exempts domestic abuse advocates from compliance with the
26.26provisions of sections 626.556 and 626.557.
26.27For the purposes of this section, "domestic abuse advocate" means an employee or
26.28supervised volunteer from a community-based battered women's shelter and domestic
26.29abuse program eligible to receive grants under section 611A.32; that provides information,
26.30advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse
26.31and who is not employed by or under the direct supervision of a law enforcement agency,
26.32a prosecutor's office, or by a city, county, or state agency.
26.33    (m) A person cannot be examined as to any communication or document, including
26.34work notes, made or used in the course of or because of mediation pursuant to an
26.35agreement to mediate. This does not apply to the parties in the dispute in an application
26.36to a court by a party to have a mediated settlement agreement set aside or reformed.
27.1A communication or document otherwise not privileged does not become privileged
27.2because of this paragraph. This paragraph is not intended to limit the privilege accorded
27.3to communication during mediation by the common law.
27.4    (n) A child under ten years of age is a competent witness unless the court finds that
27.5the child lacks the capacity to remember or to relate truthfully facts respecting which the
27.6child is examined. A child describing any act or event may use language appropriate for
27.7a child of that age.
27.8    (o) A communication assistant for a telecommunications relay system for
27.9communication-impaired persons who have communication disabilities shall not,
27.10without the consent of the person making the communication, be allowed to disclose
27.11communications made to the communication assistant for the purpose of relaying.

27.12    Sec. 28. Minnesota Statutes 2012, section 609.06, subdivision 1, is amended to read:
27.13    Subdivision 1. When authorized. Except as otherwise provided in subdivision 2,
27.14reasonable force may be used upon or toward the person of another without the other's
27.15consent when the following circumstances exist or the actor reasonably believes them to
27.16exist:
27.17(1) when used by a public officer or one assisting a public officer under the public
27.18officer's direction:
27.19(a) in effecting a lawful arrest; or
27.20(b) in the execution of legal process; or
27.21(c) in enforcing an order of the court; or
27.22(d) in executing any other duty imposed upon the public officer by law; or
27.23(2) when used by a person not a public officer in arresting another in the cases and in
27.24the manner provided by law and delivering the other to an officer competent to receive
27.25the other into custody; or
27.26(3) when used by any person in resisting or aiding another to resist an offense
27.27against the person; or
27.28(4) when used by any person in lawful possession of real or personal property, or
27.29by another assisting the person in lawful possession, in resisting a trespass upon or other
27.30unlawful interference with such property; or
27.31(5) when used by any person to prevent the escape, or to retake following the escape,
27.32of a person lawfully held on a charge or conviction of a crime; or
27.33(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
27.34pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or
28.1(7) when used by a school employee or school bus driver, in the exercise of lawful
28.2authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or
28.3(8) when used by a common carrier in expelling a passenger who refuses to obey a
28.4lawful requirement for the conduct of passengers and reasonable care is exercised with
28.5regard to the passenger's personal safety; or
28.6(9) when used to restrain a person who is mentally ill has a mental illness or mentally
28.7defective a developmental disability from self-injury or injury to another or when used by
28.8one with authority to do so to compel compliance with reasonable requirements for the
28.9person's control, conduct, or treatment; or
28.10(10) when used by a public or private institution providing custody or treatment
28.11against one lawfully committed to it to compel compliance with reasonable requirements
28.12for the control, conduct, or treatment of the committed person.

28.13    Sec. 29. Minnesota Statutes 2012, section 609.749, subdivision 2, is amended to read:
28.14    Subd. 2. Stalking crimes. A person who stalks another by committing any of the
28.15following acts is guilty of a gross misdemeanor:
28.16(1) directly or indirectly, or through third parties, manifests a purpose or intent to
28.17injure the person, property, or rights of another by the commission of an unlawful act;
28.18(2) follows, monitors, or pursues another, whether in person or through any available
28.19technological or other means;
28.20(3) returns to the property of another if the actor is without claim of right to the
28.21property or consent of one with authority to consent;
28.22(4) repeatedly makes telephone calls, sends text messages, or induces a victim to
28.23make telephone calls to the actor, whether or not conversation ensues;
28.24(5) makes or causes the telephone of another repeatedly or continuously to ring;
28.25(6) repeatedly mails or delivers or causes the delivery by any means, including
28.26electronically, of letters, telegrams, messages, packages, through assistive devices for
28.27the visually or hearing impaired people with vision impairments or hearing loss, or any
28.28communication made through any available technologies or other objects; or
28.29(7) knowingly makes false allegations against a peace officer concerning the
28.30officer's performance of official duties with intent to influence or tamper with the officer's
28.31performance of official duties.

28.32    Sec. 30. Minnesota Statutes 2012, section 626.8455, subdivision 1, is amended to read:
28.33    Subdivision 1. Training course. The board, in consultation with the Minnesota
28.34Institute of Community Policing, shall prepare a training course to instruct peace officers
29.1in the techniques of community policing. The course must include instruction on at least
29.2the following matters:
29.3(1) techniques for expanding the training of peace officers to include problem-solving;
29.4(2) techniques for organizing community members so that they are involved and
29.5trained in community policing activities;
29.6(3) techniques for relating to diverse communities; and
29.7(4) techniques for relating to physically or mentally impaired individuals with
29.8physical or mental limitations.
29.9The course also must include training on child development issues to enable officers
29.10to respond appropriately to perceived child protection situations. The board shall update
29.11the training course periodically as it deems appropriate.

29.12    Sec. 31. FUNDING.
29.13Everything in this article shall be administered within the limits of available
29.14appropriations.

29.15    Sec. 32. REVISOR'S INSTRUCTION.
29.16To implement the amendments in sections 1 to 30 in each part of Minnesota
29.17Rules referred to in column A, the revisor of statutes shall delete the word or phrase in
29.18column B and insert the word or phrase in column C. The revisor shall also make related
29.19grammatical changes and changes in headnotes.

29.20	Column A	Column B	Column C
29.21 29.22	2400.2615	ramps for handicapped access	accessible ramps for a person with a mobility impairment
29.23 29.24	2911.0200, subpart 2	determined to be mentally deficient	with a mental illness or a developmental disability
29.25	5223.0360, subpart 7	wheelchair bound	must use a wheelchair
29.26 29.27	6700.1600	mentally incompetent	lacking the capacity to serve as a peace officer
29.28 29.29	7410.4740	a hearing impaired applicant	an applicant who is deaf, deafblind, or hard-of-hearing
29.30 29.31	7411.0620, subpart 6	hearing impaired students	students who are deaf, deafblind, or hard-of-hearing
29.32 29.33 29.34	7811.0550, subpart 3	speech-impaired, hearing-impaired	customers who are deaf, deafblind, hard-of-hearing, or who have a speech disability
29.35 29.36	7811.1000	hearing-impaired programs	programs for people with hearing loss
29.37 29.38 29.39	7812.0550, subpart 3	speech-impaired, hearing-impaired	customers who are deaf, deafblind, hard-of-hearing, or who have a speech disability
30.1 30.2	7812.1000	hearing-impaired programs	programs for people who have hearing loss
30.3 30.4	8775.0100, subpart 3	communication-impaired person	person who has a communication disability
30.5 30.6	8775.0100, subpart 5	communication-impaired persons	Minnesota
30.7 30.8	8775.0100, subpart 6	communication-impaired person	person with a communication disability
30.9 30.10	8775.0100, subpart 7	communication-impaired person	person with a communication disability
30.11 30.12 30.13	8775.0100, subpart 7	deaf and blind, hard-of-hearing, mobility impaired, or speech impaired	deafblind or hard-of-hearing, to have a mobility impairment, or to have a speech disability
30.14	8775.0100, subpart 8	impairment	loss
30.15	8775.0100, subpart 8	manual communication	sign language
30.16	8775.0100, subpart 9	Deaf and blind	Deafblind
30.17 30.18	8775.0100, subpart 12	impairment resulting in a functional loss	loss resulting in a functional limitation
30.19	8775.0100, subpart 12	the impairment	hearing loss
30.20 30.21 30.22 30.23 30.24	8775.0100, subpart 14	communication-impaired person or for a household with a communication-impaired person living alone	person with a communication disability or for a household with a person who has a communication disability living alone
30.25 30.26	8775.0100, subpart 15	communication-impaired person	person with a communication disability
30.27	8775.0100, subpart 16a	mobility impaired	mobility impairment
30.28 30.29	8775.0100, subpart 16a	mobility-impaired person	person with a mobility impairment
30.30	8775.0100, subpart 19	impairment	disability
30.31	8775.0100, subpart 20	impaired	disability
30.32	8775.0100, subpart 20	impairment	disability
30.33 30.34 30.35 30.36 30.37 30.38	8775.0200	communication-impaired persons for improving access to telephone communications services for communication-impaired persons	persons with a communication disability for improving access to telephone communications services for persons who have a communication disability
30.39 30.40	8775.0300, subpart 2	deaf and hard-of-hearing people	people who are deaf and hard-of-hearing
30.41 30.42	8775.0300, subpart 2	communication impairment	hearing loss or communication disability
30.43 30.44	8775.0300, subpart 3	communication-impaired person	person with a communication disability
30.45 30.46	8775.0300, subpart 4	be a communication-impaired person	have a communication disability
30.47	8775.0300, subpart 4	deaf and blind	deafblind
31.1 31.2 31.3	8775.0400, subpart 2a	eligible speech- and mobility-impaired persons	persons with speech disabilities or mobility impairments
31.4 31.5	8775.0400, subpart 3	speech-impaired persons	persons with speech disabilities
31.6 31.7	8775.0400, subpart 3a	mobility-impaired persons	persons with mobility impairments
31.8 31.9	8775.0400, subpart 5	communication-impaired persons	persons with a communication disability
31.10 31.11	8775.0500, subpart 1	communication-impaired person	person
31.12 31.13	8775.0500, subpart 2	communication-impaired person	person
31.14	8775.0500, subpart 2	deaf and blind	deafblind
31.15 31.16 31.17	8775.0500, subpart 3	communication-impaired person with various communication impairments	person with a communication disability
31.18 31.19	8775.0500, subpart 4	communication-impaired person	person
31.20 31.21 31.22 31.23 31.24	8775.0500, subpart 5	communication-impaired person who is mobility impaired	person who has mobility impairment that makes it difficult to use telecommunications equipment
31.25 31.26 31.27 31.28 31.29 31.30	8775.0500, subpart 6	communication-impaired person who is speech and mobility impaired	person who has a speech disability or mobility impairment that makes it difficult to use telecommunications equipment
31.31 31.32	8840.5100, subpart 12	visual, speech, and hearing impairments	vision impairments, speech disabilities, hearing loss
31.33 31.34	8840.5910, subpart 5, item A	vision and hearing impairments	vision impairments and hearing loss
31.35 31.36	9505.0140, subpart 1	hearing-impaired person	person who is deaf, deafblind, or hard-of-hearing
31.37 31.38	9530.6615, subpart 1	the hearing impaired	people who are deaf, deafblind, and hard-of-hearing
31.39	9555.5605, subpart 2	confined to a wheelchair	using a wheelchair