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SF 3364

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; changing provisions of the Commission of Deaf,
Deaf-blind and Hard-of-Hearing Minnesotans; amending Minnesota Statutes
2006, section 256C.28, as amended.

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

Section 1.

Minnesota Statutes 2006, section 256C.28, as amended by Laws 2007,
chapter 133, article 2, section 11, is amended to read:


256C.28 COMMISSION deleted text begin SERVINGdeleted text end new text begin OFnew text end DEAFnew text begin , DEAF-BLIND,new text end AND
HARD-OF-HEARING deleted text begin PEOPLEdeleted text end new text begin MINNESOTANSnew text end .

Subdivision 1.

Membership.

The deleted text begin Minnesotadeleted text end Commission deleted text begin Servingdeleted text end new text begin ofnew text end Deafnew text begin ,
Deaf-blind
new text end and Hard-of-Hearing deleted text begin Peopledeleted text end new text begin Minnesotansnew text end consists of seven members
appointed at large and one member from each advisory committee established under
section 256C.24, subdivision 3. At least 50 percent of the members must be deaf or
deaf-blind or hard of hearing. Members shall include persons who are deaf, deaf-blind,
and hard of hearing, parents of children who are deaf, deaf-blind, and hard of hearing, and
representatives of county and regional human services, including representatives of private
service providers. Commission members are appointed by the governor for a three-year
term and shall serve no more than two consecutive terms. The commission shall select
one member as chair. Notwithstanding section 15.059, the commission does not expire.

Subd. 2.

Removal; vacancies.

The compensation, removal of members, and filling
of vacancies on the commission are as provided in section 15.0575.

Subd. 3.

Mission.

The commission shall serve as the principal agency of the state
to advocate on behalf of new text begin Minnesotans who are new text end deaf, deaf-blind, and hard-of-hearing
deleted text begin Minnesotansdeleted text end by working to ensure those persons have equal access to the services,
programs, and opportunities available to others.

Subd. 3a.

Duties.

The commission shall:

(1) assist new text begin persons who are new text end deaf, deaf-blind, and hard-of-hearing deleted text begin personsdeleted text end and parents
of new text begin students who are new text end deaf, deaf-blind, and hard-of-hearing deleted text begin studentsdeleted text end in advocating for equal
access to services, programs, and opportunities;

(2) advise the governor, the legislature, new text begin the judicial branch, new text end and the commissioners
of deleted text begin the Departments of Human Services, Education, Employment and Economic
Development, and Health
deleted text end new text begin all state agenciesnew text end on the development of policies, programs, and
services affecting new text begin persons who are new text end deaf, deaf-blind, and hard-of-hearing deleted text begin personsdeleted text end , and on
the use of appropriate federal and state money;

(3) create a public awareness of the special needs and potential of new text begin persons who are
new text end deaf, deaf-blind, and hard-of-hearing deleted text begin personsdeleted text end ;

(4) provide the governor, the legislature, and the commissioners of deleted text begin the Departments
of Human Services, Education, Employment and Economic Development, and Health
deleted text end new text begin all
state agencies
new text end with a review of ongoing services, programs, and proposed legislation
affecting new text begin persons who are new text end deaf, deaf-blind, and hard-of-hearing deleted text begin personsdeleted text end ;

(5) advise the governor, the legislature, new text begin the judicial branch, new text end and the commissioners
of deleted text begin the Departments of Human Services, Education, Employment and Economic
Development, and Health
deleted text end new text begin all state agenciesnew text end on statutes, rules, and policies necessary to
ensure that new text begin persons who are new text end deaf, deaf-blind, and hard-of-hearing deleted text begin personsdeleted text end have equal
access to benefits and services provided to individuals in Minnesota;

(6) recommend to the governor, the legislature, new text begin the judicial branch, new text end and the
commissioners of deleted text begin the Departments of Human Services, Education, Employment and
Economic Development, and Health
deleted text end new text begin all state agenciesnew text end legislation designed to improve the
economic and social conditions of new text begin persons who are new text end deaf, deaf-blind, and hard-of-hearing
deleted text begin personsdeleted text end in Minnesota;

(7) propose solutions to problems of new text begin persons who are new text end deaf, deaf-blind, and
hard-of-hearing deleted text begin personsdeleted text end in the areas of education, employment, human rights, human
services, health, housing, and other related programs;

(8) recommend to the governor deleted text begin anddeleted text end new text begin ,new text end the legislaturenew text begin , and the commissioners of all
state agencies
new text end any needed revisions in the state's affirmative action program and any other
steps necessary to eliminate the underemployment or unemployment of deaf, deaf-blind,
and hard-of-hearing persons in the state's work force;

(9) work with other state and federal agencies and organizations to promote
economic development for new text begin Minnesotans who are new text end deaf, deaf-blind, and hard-of-hearing
deleted text begin Minnesotansdeleted text end ; and

(10) coordinate its efforts with other state and local agencies serving new text begin persons who
are
new text end deaf, deaf-blind, and hard-of-hearing deleted text begin personsdeleted text end .

Subd. 4.

Staff.

The commission may appoint, subject to the approval of the
governor, an executive director who must be experienced in administrative activities
and familiar with the problems and needs of new text begin persons who are new text end deaf, deaf-blind, and
hard-of-hearing deleted text begin personsdeleted text end . The commission may delegate to the executive director any
powers and duties under this section that do not require commission approval. The
executive director serves in the unclassified service and may be removed at any time by a
majority vote of the commission. The executive director shall coordinate the provision of
necessary support services to the commission with the Deaf and Hard-of-Hearing Services
Division. The executive director may employ and direct staff necessary to carry out
commission mandates, policies, activities, and objectives.

Subd. 5.

Powers.

The commission may contract in its own name. Contracts must
be approved by a majority of the members of the commission and executed by the chair
and the executive director. The commission may apply for, receive, and expend in its
own name grants and gifts of money consistent with the powers and duties specified
in this section.

Subd. 6.

Report.

The commission may prepare and distribute periodic reports to the
state agency commissioners, the governor, and the legislature concerning the activities
of the commission and the needs and concerns of new text begin Minnesotans who are new text end deaf, deaf-blind,
and hard-of-hearing deleted text begin Minnesotansdeleted text end .

new text begin Subd. 7. new text end

new text begin Electronic meetings. new text end

new text begin (a) Notwithstanding section 13D.01, the commission
may conduct a meeting of its members by telephone or other electronic means so long as
the following conditions are met:
new text end

new text begin (1) all members of the commission participating in the meeting, wherever their
physical location, can communicate with one another and can hear, see, or feel all
discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting location of the commission
can hear, see, or feel all discussion and testimony and all votes of members of the
commission;
new text end

new text begin (3) at least one member of the commission is physically present at the regular
meeting location; and
new text end

new text begin (4) all votes are conducted by roll call, so that each member's vote on each issue
can be identified and recorded.
new text end

new text begin (b) Each member of the commission participating in a meeting by telephone or
other electronic means is considered present at the meeting for purposes of determining a
quorum and participating in all proceedings.
new text end

new text begin (c) If telephone or other electronic means is used to conduct a meeting, the
commission, to the extent practical, shall allow a person to monitor the meeting
electronically from a remote location. The commission may require the person making a
connection to pay for documented marginal costs that the commission incurs as a result of
the additional connection.
new text end

new text begin (d) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the commission shall provide notice of the regular meeting location,
of the fact that some members may participate by telephone or other electronic means, and
of the provisions of paragraph (c).
new text end