SF 1246

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 04/19/2010 04:11pm

A bill for an act
relating to state government; providing certification for rehabilitation counselors
for the blind and providing public records and continuing education accessibility
for persons with disabilities; providing civil penalties; amending Minnesota
Statutes 2008, section 248.07, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 363A.

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

Section 1.

Minnesota Statutes 2008, section 248.07, is amended by adding a
subdivision to read:

new text begin Subd. 14b. new text end

new text begin Certification and qualifications of rehabilitation counselors for the
blind. new text end

new text begin (a) No person shall provide rehabilitation counseling services for the blind or hold
themselves out as a qualified rehabilitation counselor for the blind unless the person is
certified as a rehabilitation counselor by the director of State Services for the Blind.
new text end

new text begin (b) A rehabilitation counselor for the blind is not a mental health practitioner.
new text end

new text begin (c) A certified rehabilitation counselor for the blind shall have, in addition to any
necessary education background for rehabilitation counselors in Minnesota, the following
qualifications:
new text end

new text begin (1) successful completion of a minimum of six weeks of intensive training under
sleep shades from an adjustment-to-blindness center set forth by State Services for the
Blind in the contracting process; and
new text end

new text begin (2) completion of additional appropriate training as approved by the director of
State Services for the Blind.
new text end

new text begin (d) Each certified rehabilitation counselor for the blind shall, in the period since
the counselor's certificate was issued or last renewed, complete continuing competency
requirements as set forth by the director of State Services for the Blind.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, for persons hired
in rehabilitation counseling for the blind after that date.
new text end

Sec. 2.

new text begin [363A.42] PUBLIC RECORDS; ACCESSIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "records" means any
recorded information that is collected, created, received, maintained or disseminated by the
executive, judicial or legislative branches of the state, the Minnesota State Colleges and
Universities, the University of Minnesota, cities, towns, counties, school districts and all
other political subdivisions of the state, regardless of physical form or method of storage.
new text end

new text begin Subd. 2. new text end

new text begin Accessibility. new text end

new text begin All records must be available to persons with disabilities
in a manner consistent with state and federal laws prohibiting discrimination against
persons with disabilities. Reasonable modifications must be made in any policies,
practices and procedures that might otherwise deny equal access to records to individuals
with disabilities.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin Violation of this section is subject to a penalty of $500 per
violation, plus attorney fees, costs and disbursements, payable to a qualified disabled
person under section 363A.03, subdivision 36, by the public entity in violation of this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 3.

new text begin [363A.43] CONTINUING EDUCATION; ACCESSIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Accessibility. new text end

new text begin Any continuing education or professional development
course, offering, material or activity approved or administered by the state, political
subdivisions of the state, the University of Minnesota or the Minnesota State Colleges
and Universities, must be available to persons with disabilities in a manner consistent
with state and federal laws prohibiting discrimination against persons with disabilities.
Reasonable modifications must be made in any policies, practices and procedures that
might otherwise deny equal access to continuing education or professional development
to individuals with disabilities.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin Violation of this section is subject to a penalty of $500 per
violation, plus attorney fees, costs and disbursements, payable to a qualified disabled
person under section 363A.03, subdivision 36, by the public entity or the entity offering
the course, material, or activity under a contract with a public entity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end