as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; creating the board of 1.3 services for the blind; appropriating money; amending 1.4 Minnesota Statutes 2000, sections 248.011; 248.07; 1.5 248.10; 248.11; and 256.482, subdivisions 1 and 5; 1.6 proposing coding for new law in Minnesota Statutes, 1.7 chapter 248. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. [248.001] [BOARD OF SERVICES FOR THE BLIND.] 1.10 Subdivision 1. [CREATION.] There is created a board of 1.11 services for the blind consisting of 11 members to be appointed 1.12 by the governor. At least one member must be appointed from 1.13 each congressional district and one from each of the following 1.14 organizations: United Blind of Minnesota, American Council of 1.15 the Blind of Minnesota, and National Federation of the Blind of 1.16 Minnesota. A majority of the board members must be blind or 1.17 visually disabled. In making appointments, the governor shall 1.18 give consideration to individuals having a special interest in 1.19 services to the blind, and so far as practicable, shall include 1.20 persons affiliated with agriculture, labor, industry, education, 1.21 social work, health, housing, religion, recreation, and 1.22 voluntary citizen groups, including senior citizens. 1.23 The governor shall designate the chair. Other officers, 1.24 including vice-chair and secretary, shall be elected by the 1.25 board members. 1.26 Subd. 2. [REMOVAL; VACANCIES.] The membership terms, 2.1 compensation, removal of members, and filling of vacancies on 2.2 the board are as provided in section 15.0575. 2.3 Subd. 3. [DUTIES.] The board shall carry out the duties 2.4 described in this chapter. 2.5 Subd. 4. [UNCLASSIFIED POSITIONS.] The chair of the board 2.6 may establish positions in the unclassified service in 2.7 accordance with section 43A.08, including an executive director 2.8 and other persons necessary to carry out the work of the board. 2.9 Subd. 5. [GIFTS; MONEY.] The board may accept gifts, 2.10 bequests, grants, payments for services, and other public and 2.11 private money to help finance the activities of the board. 2.12 Sec. 2. Minnesota Statutes 2000, section 248.011, is 2.13 amended to read: 2.14 248.011 [REPORTING OF NEWLY BLINDED INDIVIDUAL.] 2.15 Subdivision 1. [DUTY TO REPORT.] Whenever an 2.16 ophthalmologist or optometrist makes an initial diagnosis of 2.17 legal blindness as defined in section 256D.35, subdivision 4a, 2.18 the ophthalmologist or optometrist shall advise the client that 2.19 services are available throughMinnesota statethe board of 2.20 services for the blind. After obtaining client consent, the 2.21 ophthalmologist or optometrist shall report the name of the 2.22 legally blind client to Minnesota state services for the blind. 2.23 The report must be filed withMinnesota statethe board of 2.24 services for the blind within 30 days following a diagnosis of 2.25 legal blindness after obtaining client consent. 2.26 Subd. 2. [DUTIES OFMINNESOTA STATE SERVICES FOR THE BLIND2.27 BOARD.] Upon receipt of the name of a legally blind 2.28 individual,Minnesota statethe board of services for the blind 2.29 shall contact the newly blind individual within 30 days and 2.30 provide a complete summary of available services to the blind 2.31 individual, in media accessible to the individual. 2.32 Sec. 3. Minnesota Statutes 2000, section 248.07, is 2.33 amended to read: 2.34 248.07 [COMMISSIONER OF ECONOMIC SECURITY,BOARD DUTIES.] 2.35 Subdivision 1. [COOPERATION.] Itshall beis the duty of 2.36 thecommissioner of economic securityboard of services for the 3.1 blind, referred to in this section and sections 248.10 and 3.2 248.11 as thecommissionerboard, to develop and administer 3.3 programs serving the needs of blind and visually disabled 3.4 persons and to cooperate with state and local boards and 3.5 agencies both public and private.The commissioner shall create3.6a division that is a distinct organizational unit to be known as3.7state services for the blind, separate from the vocational3.8rehabilitation unit and with its own activity budget, within the3.9department of economic security to provide and coordinate3.10services to the blind.3.11 Subd. 2. [STATISTICS.] Thecommissionerboard shall 3.12 collect statistics concerning blind persons including medical 3.13 ophthalmological data, causes of blindness, opportunities for 3.14 education, rehabilitation, training for employment, and any 3.15 other information necessary to carry out thecommissioner's3.16 board's duties and responsibilities with respect to blind and 3.17 visually disabled persons. 3.18 Subd. 3. [SPECIAL ATTENTION.] Thecommissionerboard shall 3.19 give special attention to the cases of disabled youth who are 3.20 eligible to attend the Minnesota state academy for the blind, 3.21 the Minnesota state academy for the deaf, or the public school 3.22 classes for disabled children, but are not in attendance there, 3.23 or are not receiving adequate instruction elsewhere. The 3.24commissionerboard shall report all such cases to the school 3.25 district of the individual's residence and to the commissioner 3.26 of children, families, and learning. 3.27 Subd. 4. [VOCATIONAL TRAINING.] Thecommissionerboard 3.28 shall either provide or assist blind and visually disabled 3.29 persons in obtaining vocational training and employment and 3.30 shall aid such persons in obtaining services and benefits to 3.31 which they may be entitled from public and private agencies. 3.32 Any person who shall be entitled to training under this 3.33 subdivisionshall havehas the right to choose from available 3.34 programs such training as in the opinion of the person would be 3.35 suitable and practical in accordance with rules adopted by 3.36 thecommissionerboard under subdivision 14a. 4.1 Subd. 5. [AIDS.] Thecommissionerboard shall further be 4.2 empowered to aid persons who are blind or visually disabled: (1) 4.3 by home instruction and training; (2) by assisting them in 4.4 securing tools, appliances, and supplies; (3) by any other 4.5 practicable means of improving their social, economic, or 4.6 educational condition; (4) by providing to eligible persons, or 4.7 purchasing for sale at cost plus handling charges, special 4.8 materials and supplies needed by blind or visually disabled 4.9 persons that are difficult to obtain elsewhere; and (5) by 4.10 promoting literacy and access to print materials through 4.11 production for blind or visually disabled persons or others of 4.12 alternative reading formats such as Braille, audio tapes, radio 4.13 signals, newspaper reading services, and other services 4.14 originating from thedivision'sboard's communication center. 4.15 Equipment may be leased or sold under written rehabilitation 4.16 plans at cost plus handling charges to persons who wish to lease 4.17 or purchase them. Receipts under this subdivision, as well as 4.18 gifts to aid the blind, are subject to section268.0121,4.19subdivision 5148.001, subdivision 5. 4.20 Subd. 7. [BLIND, VENDING STANDS AND MACHINES ON 4.21 GOVERNMENTAL PROPERTY.] Notwithstanding any other law, for the 4.22 rehabilitation of blind persons thecommissionerboard shall 4.23 have exclusive authority to establish and to operate vending 4.24 stands and vending machines in all buildings and properties 4.25 owned or rented exclusively by the Minnesota state colleges and 4.26 universities at a state university, a community college, a 4.27 consolidated community technical college, or a technical college 4.28 served by the commissioner of economic security before January 4.29 1, 1996, or by any department or agency of the state of 4.30 Minnesota except the department of natural resources properties 4.31 operated directly by the division of state parks and not subject 4.32 to private leasing. The merchandise to be dispensed by such 4.33 vending stands and machines may include nonalcoholic beverages, 4.34 food, candies, tobacco, souvenirs, notions and related items. 4.35 Such vending stands and vending machines herein authorized shall 4.36 be operated on the same basis as other vending stands for the 5.1 blind established and supervised by the commissioner under 5.2 federal law. Thecommissionerboard shall waive this authority 5.3 to displace any present private individual concessionaire in any 5.4 state-owned or rented building or property who is operating 5.5 under a contract with a specific renewal or termination date, 5.6 until the renewal or termination date. With the consent of the 5.7 governing body of a governmental subdivision of the state, 5.8 thecommissionerboard may establish and supervise vending 5.9 stands and vending machines for the blind in any building or 5.10 property exclusively owned or rented by the governmental 5.11 subdivision. 5.12 Subd. 8. [USE OF REVOLVING FUND, LICENSES FOR OPERATION OF 5.13 VENDING MACHINES.] The revolving fund created by Laws 1947, 5.14 chapter 535, section 5, is continued as provided in this 5.15 subdivision and shall be known as the revolving fund for 5.16 vocational rehabilitation of the blind. It shall be used for 5.17 the purchase of equipment and supplies for establishing and 5.18 operating of vending stands by blind persons. All income, 5.19 receipts, earnings, and federal grants due to the operation 5.20 thereof shall also be paid into the fund. All interest earned 5.21 on money accrued in the fund must be credited to the fund by the 5.22 state treasurer. All equipment, supplies, and expenses for 5.23 setting up these stands shall be paid for from the fund. 5.24 Authority is hereby given to thecommissionerboard to use the 5.25 money available in the revolving fund that originated as 5.26 operational charges to individuals licensed under this 5.27 subdivision for the establishment, operation, and supervision of 5.28 vending stands by blind persons for the following purposes: (1) 5.29 purchase, upkeep and replacement of equipment; (2) expenses 5.30 incidental to the setting up of new stands and improvement of 5.31 old stands; (3) reimbursement under section 15.059 to individual 5.32 blind vending operators for reasonable expenses incurred in 5.33 attending supervisory meetings as called by thecommissioner5.34 board and other expenditures for management services consistent 5.35 with federal law; and (4) purchase of fringe benefits for blind 5.36 vending operators and their employees such as group health 6.1 insurance, retirement program, vacation or sick leave assistance 6.2 provided that the purchase of any fringe benefit is approved by 6.3 a majority vote of blind vending operators licensed pursuant to 6.4 this subdivision after thecommissionerboard provides to each 6.5 blind vending operator information on all matters relevant to 6.6 the fringe benefits. Fringe benefits shall be paid only from 6.7 assessments of operators for specific benefits, gifts to the 6.8 fund for fringe benefit purposes, and vending income which is 6.9 not assignable to an individual stand. 6.10 Money originally deposited as merchandise and supplies 6.11 repayments by individuals licensed under this subdivision may be 6.12 expended for initial and replacement stocks of supplies and 6.13 merchandise. Money originally deposited from vending income on 6.14 federal property must be spent consistent with federal law. 6.15 All other deposits may be used for the purchase of general 6.16 liability insurance or any other expense related to the 6.17 operation and supervision of vending stands. 6.18 Thecommissionerboard shall issue each license for the 6.19 operation of a vending stand or vending machine for an 6.20 indefinite period but may terminate any license in the manner 6.21 provided. In granting licenses for new or vacated stands 6.22 preference on the basis of seniority of experience in operating 6.23 stands under the control of the commissioner shall be given to 6.24 capable operators who are deemed competent to handle the 6.25 enterprise under consideration. Application of this preference 6.26 shall not prohibit thecommissionerboard from selecting an 6.27 operator from the community in which the stand is located. 6.28 Subd. 9. [TRAINING OF SELECTED APPLICANTS.] Each applicant 6.29 selected by thecommissionerboard for a license to operate a 6.30 vending stand or vending machine shall be given training in the 6.31 operation and conduct of such vending stand or vending machine. 6.32 Subd. 10. [REVOCATION OF LICENSES; HEARING.] The 6.33commissionerboard shall not revoke any license except for good 6.34 cause shown. An opportunity for a fair hearing shall be 6.35 afforded any operator within 30 days after revocation of license. 6.36 Subd. 11. [POLICY CHANGES; NOTICE AND HEARING.] Any major 7.1 changes in policies made by thecommissionerboard in the 7.2 conduct of this program will be preceded by a public hearing. 7.3 Each operator shall be given 30 days' notice of such hearing. 7.4 Subd. 12. [REIMBURSEMENT OUT OF STATE DISTRIBUTION OF 7.5 BRAILLE AND SPECIAL MATERIALS.] Thecommissionerboard shall 7.6 obtain reimbursement from other states for the estimated cost of 7.7 providing radio signals, programming, and radio receivers for 7.8 the blind and for production and handling of Braille books, 7.9 audio tapes, and related services for the blind distributed by 7.10 the department of economic security to users in such other 7.11 states and may contract with the appropriate authorities of such 7.12 states to effect such reimbursement. All money received 7.13 hereunder shall be paid to the state treasurer and placed in the 7.14 special revenue fund and is appropriated to thecommissioner of7.15economic securityboard of services for the blind for the 7.16 purposes of this subdivision. 7.17 Subd. 13. [COMMUNITY REHABILITATION PROGRAMS.] From the 7.18 funds appropriated for vocational rehabilitation of the blind 7.19 and matching federal funds available for the purpose, the 7.20commissionerboard may make grants, upon such terms as the 7.21commissionerboard may determine, to public or nonprofit 7.22 organizations for the establishment, maintenance or improvement 7.23 of community rehabilitation programs. 7.24 Subd. 14. [TRAINING OF WORKERS FOR REHABILITATION OF 7.25 BLIND.] From funds provided by the state or the United States 7.26 for the rehabilitation of blind persons, thecommissionerboard 7.27 may make provision for: 7.28 (1) specialized supplementary training of professional 7.29 workers employed by services for the blind, which shall consist 7.30 of selected courses of study designed to improve worker 7.31 techniques in providing assistance with adjustment to blindness, 7.32 guidance, training and vocational placement services to blind 7.33 children and adults; 7.34 (2) the employment of student trainees enrolled in school 7.35 programs. Such trainees to be employed on a part-time basis 7.36 during the regular school term and on a full-time basis during 8.1 the extra school term. Student trainees shall not be counted 8.2 against the regular staff complement. 8.3 Subd. 14a. [RULES.] Thecommissionerboard shall adopt 8.4 rules to set standards for the provision of rehabilitative 8.5 services to blind and visually disabled persons. The rules 8.6 shall, at a minimum, contain program definitions and set 8.7 standards for basic eligibility, including financial need 8.8 eligibility and definitions of legal blindness. 8.9 The rules shall provide for the development of formal 8.10 rehabilitation plans for eligible clients and shall govern the 8.11 provision of direct rehabilitative services to clients, 8.12 including placement in training programs, and providing tools 8.13 and equipment. In addition, the rules shall set standards for 8.14 appeals filed under subdivision 15 and include specific 8.15 requirements for timely responses by the agency. 8.16 Subd. 15. [APPEALS FROM AGENCY ACTION.] An applicant for 8.17 or recipient of rehabilitation service who is dissatisfied with 8.18 an agency's action with regard to the furnishing or denial of 8.19 services may file a request for administrative review and fair 8.20 hearing in accordance with rules adopted under subdivision 14a. 8.21 Subd. 16. [ADJUSTMENT-TO-BLINDNESS TRAINING.] (a) The 8.22commissioner of economic securityboard shall enter into 8.23 contracts or agreements to provide comprehensive 8.24 adjustment-to-blindness training services to blind and visually 8.25 disabled persons. Services available must include, but not be 8.26 limited to, instruction in Braille reading and writing, the use 8.27 of the long white cane for independent travel, home management 8.28 and self management, typing and computer technology, career 8.29 exploration, and seminars on positive adjustment to blindness. 8.30 In entering into contracts or agreements to provide 8.31 adjustment-to-blindness services, thecommissionerboard shall, 8.32 when in the best interests of the client, utilize services 8.33 available from qualified nonprofit agencies or organizations who: 8.34 (1) are administered by a governing board composed of a 8.35 majority of individuals who are blind; 8.36 (2) substantially involve individuals who are blind in 9.1 policy direction and management; and 9.2 (3) employ individuals who are blind at all levels of 9.3 operation. 9.4 (b) This subdivision does not limit thecommissioner's9.5 board's authority to enter into contracts or agreements for any 9.6 service with other qualified agencies or organizations. 9.7 Sec. 4. Minnesota Statutes 2000, section 248.10, is 9.8 amended to read: 9.9 248.10 [REHABILITATION ADVISORY COUNCIL FOR THE BLIND.] 9.10 Thecommissionerboard shall establish a rehabilitation 9.11 advisory council for the blind consistent with the federal 9.12 Rehabilitation Act of 1973, Public Law Number 93-112, as 9.13 amended. Advisory council members shall be compensated as 9.14 provided in section 15.059, subdivision 3. Members of the 9.15 council for the blind appointed before July 1, 1993, shall serve 9.16 on the advisory council until the end of their appointed terms. 9.17 The advisory council shall advise thecommissionerboard about 9.18 programs of the division of state services for the blind and 9.19 visually disabled. The advisory council is limited to 15 9.20 members, a majority of whom must be blind or visually disabled. 9.21 Sec. 5. Minnesota Statutes 2000, section 248.11, is 9.22 amended to read: 9.23 248.11 [RECOUPMENT OF SERVICES AND EQUIPMENT.] 9.24 Subdivision 1. [ERRONEOUS PAYMENTS.] If a recipient 9.25 receives monetary assistance as a rehabilitation service from 9.26 the board of services for the blind in excess of that to which 9.27 the recipient is entitled by law, state services for the blind 9.28 shall, as soon as it discovers the amount of the erroneous 9.29 payment, notify the recipient to return the same in accordance 9.30 with rules adopted by thecommissionerboard. Unless the 9.31 recipient files an appeal under section 248.07, subdivision 15, 9.32 within 15 days after the notice to return is personally 9.33 delivered to the recipient or mailed to the recipient's last 9.34 known address, the determination of overpayment shall be 9.35 considered final. If the recipient files a timely appeal, the 9.36 determination shall not be considered final until the 10.1 recipient's administrative appeal remedies are exhausted. State 10.2 services for the blind may recoup overpayments considered final 10.3 under this subdivision by deducting the amount or a part of the 10.4 overpayment from future monetary assistance payments to the 10.5 recipient or by civil action in the name of the 10.6commissionerboard. Overpayments made more than three years 10.7 prior to discovery of the error are not recoverable under this 10.8 subdivision. 10.9 Subd. 2. [RECOVERY OF EQUIPMENT.] If a recipient retains 10.10 equipment to which state services for the blind has title after 10.11 the recipient's right to possess the equipment has 10.12 expired,statethe board of services for the blind shall notify 10.13 the recipient to return the same or execute a new lease to the 10.14 equipment if the equipment is still necessary to the recipient's 10.15 rehabilitation. Unless the recipient returns the equipment, 10.16 executes and complies with a new lease to the equipment or 10.17 appeals under section 248.07, subdivision 15, within 15 days 10.18 after the notice to return is personally delivered to the 10.19 recipient or mailed to the recipient's last known address,state10.20 the board of services for the blind may institute a civil action 10.21 to recover the equipment or the reasonable value of the 10.22 equipment. 10.23 Sec. 6. Minnesota Statutes 2000, section 256.482, 10.24 subdivision 1, is amended to read: 10.25 Subdivision 1. [ESTABLISHMENT; MEMBERS.] There is hereby 10.26 established the council on disability which shall consist of 21 10.27 members appointed by the governor. Members shall be appointed 10.28 from the general public and from organizations which provide 10.29 services for persons who have a disability. A majority of 10.30 council members shall be persons with a disability or parents or 10.31 guardians of persons with a disability. There shall be at least 10.32 one member of the council appointed from each of the state 10.33 development regions. The commissioners of the departments of 10.34 children, families, and learning, human services, health, 10.35 economic security, and human rights and the directors of the 10.36 division of rehabilitation services andstatethe board of 11.1 services for the blind or their designees shall serve as ex 11.2 officio members of the council without vote. In addition, the 11.3 council may appoint ex officio members from other bureaus, 11.4 divisions, or sections of state departments which are directly 11.5 concerned with the provision of services to persons with a 11.6 disability. 11.7 Notwithstanding the provisions of section 15.059, each 11.8 member of the council appointed by the governor shall serve a 11.9 three-year term and until a successor is appointed and 11.10 qualified. The compensation and removal of all members shall be 11.11 as provided in section 15.059. The governor shall appoint a 11.12 chair of the council from among the members appointed from the 11.13 general public or who are persons with a disability or their 11.14 parents or guardians. Vacancies shall be filled by the 11.15 authority for the remainder of the unexpired term. 11.16 Sec. 7. Minnesota Statutes 2000, section 256.482, 11.17 subdivision 5, is amended to read: 11.18 Subd. 5. [DUTIES AND POWERS.] The council shall have the 11.19 following duties and powers: 11.20 (1) to advise and otherwise aid the governor; appropriate 11.21 state agencies, including but not limited to the departments of 11.22 children, families, and learning, human services, economic 11.23 security, and human rightsand, thedivisionsdivision of 11.24 rehabilitation services, and the board of services for the 11.25 blind; the state legislature; and the public on matters 11.26 pertaining to public policy and the administration of programs, 11.27 services, and facilities for persons who have a disability in 11.28 Minnesota; 11.29 (2) to encourage and assist in the development of 11.30 coordinated, interdepartmental goals and objectives and the 11.31 coordination of programs, services and facilities among all 11.32 state departments and private providers of service as they 11.33 relate to persons with a disability; 11.34 (3) to serve as a source of information to the public 11.35 regarding all services, programs and legislation pertaining to 11.36 persons with a disability; 12.1 (4) to review and make comment to the governor, state 12.2 agencies, the legislature, and the public concerning adequacy of 12.3 state programs, plans and budgets for services to persons with a 12.4 disability and for funding under the various federal grant 12.5 programs; 12.6 (5) to research, formulate and advocate plans, programs and 12.7 policies which will serve the needs of persons who are disabled; 12.8 (6) to advise the departments of labor and industry and 12.9 economic security on the administration and improvement of the 12.10 workers' compensation law as it relates to programs, facilities 12.11 and personnel providing assistance to workers who are injured 12.12 and disabled; 12.13 (7) to advise the workers' compensation division of the 12.14 department of labor and industry and the workers' compensation 12.15 court of appeals as to the necessity and extent of any 12.16 alteration or remodeling of an existing residence or the 12.17 building or purchase of a new or different residence which is 12.18 proposed by a licensed architect under section 176.137; 12.19 (8) to initiate or seek to intervene as a party in any 12.20 administrative proceeding and judicial review thereof to protect 12.21 and advance the right of all persons who are disabled to an 12.22 accessible physical environment as provided in section 16B.67; 12.23 and 12.24 (9) to initiate or seek to intervene as a party in any 12.25 administrative or judicial proceeding which concerns programs or 12.26 services provided by public or private agencies or organizations 12.27 and which directly affects the legal rights of persons with a 12.28 disability. 12.29 Sec. 8. [TRANSFER.] 12.30 The powers and duties of Minnesota state services for the 12.31 blind are transferred to the board of services for the blind 12.32 under Minnesota Statutes, section 15.039. 12.33 Sec. 9. [APPROPRIATION.] 12.34 $....... is appropriated from the general fund to the chair 12.35 of the board of services for the blind for the purposes of this 12.36 act to be available for the biennium ending June 30, 2003. 13.1 Sec. 10. [EFFECTIVE DATE.] 13.2 This act is effective January 1, 2002.