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HF 760

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/10/2013 03:40pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2013
1st Engrossment Posted on 03/13/2013
2nd Engrossment Posted on 05/10/2013
Unofficial Engrossments
1st Unofficial Engrossment Posted on 05/08/2013

Current Version - 2nd Engrossment

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A bill for an act
relating to human services; updating outdated terminology; amending Minnesota
Statutes 2012, sections 15.44; 124D.57; 127A.45, subdivision 12; 144.651,
subdivision 4; 145.88; 146A.11, subdivision 1; 148.512, subdivisions 12,
13; 150A.13, subdivision 6; 174.255, subdivision 1; 202A.13; 202A.155;
202A.156; 237.036; 237.16, subdivision 9; 240A.04; 240A.06, subdivisions
1, 2; 256.01, subdivision 2; 256C.24, subdivision 3; 256C.29; 299C.06;
326B.106, subdivisions 9, 11; 473.608, subdivision 22; 589.35, subdivision 1;
595.02, subdivision 1; 609.06, subdivision 1; 609.749, subdivision 2; 626.8455,
subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 15.44, is amended to read:


15.44 AIDS FOR deleted text beginDISABLEDdeleted text end PERSONS new text beginWITH DISABILITIES new text endAT STATE
MEETINGS.

After July 1, 1980, a state agency which sponsors, in whole or in part, a meeting
or conference for the public or for state employees shall ensure that a physically
disabled participant who gives reasonable advance notice to the agency will receive the
auxiliary aids necessary for effective participation. Auxiliary aids may include taped
or Brailled materials, interpreters or other effective means of making orally delivered
material available to participants deleted text beginwith hearing impairmentsdeleted text endnew text begin who are deaf, deafblind, and
hard-of-hearing
new text end, and equipment adaptable for use by participants with manual impairments
and other similar services and action; however, nothing in this section shall (1) require a
state agency to provide attendants, individually prescribed devices, or other devices or
services of a personal nature or (2) apply to the Minnesota State Colleges and Universities
or the University of Minnesota with respect to classes, seminars or training programs
which are offered by them. When sign language interpreters are provided, they shall be
provided in a manner so that deleted text beginhearing impaireddeleted text end participants new text beginwho are deaf, deafblind, and
hard-of-hearing
new text endwill be able to see their signing clearly. For the purposes of this section,
"physically disabled" has the meaning given in section 326B.103, subdivision 10. For the
purposes of this section, "agency" means any state officer, employee, board, commission,
authority, department or other agency or the executive branch of state government.

Sec. 2.

Minnesota Statutes 2012, section 124D.57, is amended to read:


124D.57 deleted text beginHEARING IMPAIREDdeleted text end EDUCATIONAL SUPPORT SERVICES
new text begin FOR PEOPLE WHO ARE DEAF, DEAFBLIND, HARD-OF-HEARINGnew text end.

Subdivision 1.

Responsibility of commissioner.

The commissioner shall coordinate
and may pay for support services for deleted text beginhearing impaireddeleted text end personsnew text begin who are deaf, deafblind,
and hard-of-hearing
new text end to assure access to educational opportunities. Services may be
provided to adult students who are deleted text beginhearing impaireddeleted text endnew text begin deaf, deafblind, and hard-of-hearing
new text end and (1) have been denied access to educational opportunities because of the lack of support
services or (2) are presently enrolled or (3) are contemplating enrollment in an educational
program and would benefit from support services. The commissioner shall also be
responsible for conducting in-service training for public and private agencies regarding
the needs of deleted text beginhearing impaireddeleted text end persons new text beginwho are deaf, deafblind, and hard-of-hearing new text endin the
adult education system.

Subd. 2.

Support services.

The commissioner may pay school districts or public or
private community agencies for the following support services:

(1) interpreter services to provide translation for an individual or a group of students;
or

(2) notetaker services to convert spoken language to written language when the
student must maintain visual contact with other persons such as an interpreter or instructor.

Subd. 3.

Programs included.

Support services may be provided for:

(1) local school district adult education programs;

(2) adult technical college programs; and

(3) avocational education programs sponsored by public or private community
agencies.

Sec. 3.

Minnesota Statutes 2012, section 127A.45, subdivision 12, is amended to read:


Subd. 12.

Payment percentage for certain aids.

One hundred percent of the aid for
the current fiscal year must be paid for the following aids: reimbursement for enrollment
options transportation, according to sections 124D.03, subdivision 8, 124D.09, subdivision
22
, and 124D.10; school lunch aid, according to section 124D.111; and deleted text beginhearing impaired
deleted text end support services aid, new text beginfor persons who are deaf, deafblind, and hard-of-hearing new text endaccording
to section 124D.57.

Sec. 4.

Minnesota Statutes 2012, section 144.651, subdivision 4, is amended to read:


Subd. 4.

Information about rights.

Patients and residents shall, at admission,
be told that there are legal rights for their protection during their stay at the facility
or throughout their course of treatment and maintenance in the community and that
these are described in an accompanying written statement of the applicable rights and
responsibilities set forth in this section. In the case of patients admitted to residential
programs as defined in section 253C.01, the written statement shall also describe the
right of a person 16 years old or older to request release as provided in section 253B.04,
subdivision 2
, and shall list the names and telephone numbers of individuals and
organizations that provide advocacy and legal services for patients in residential programs.
Reasonable accommodations shall be made for deleted text beginthose with communication impairments
deleted text endnew text begin people who have communication disabilitiesnew text end and those who speak a language other than
English. Current facility policies, inspection findings of state and local health authorities,
and further explanation of the written statement of rights shall be available to patients,
residents, their guardians or their chosen representatives upon reasonable request to
the administrator or other designated staff person, consistent with chapter 13, the Data
Practices Act, and section 626.557, relating to vulnerable adults.

Sec. 5.

Minnesota Statutes 2012, section 145.88, is amended to read:


145.88 PURPOSE.

Federal money received by the Minnesota Department of Health, pursuant to United
States Code, title 42, sections 701 to 709, shall be expended to:

(1) assure access to quality maternal and child health services for mothers and
children, especially those of low income and with limited availability to health services
and those children at risk of physical, neurological, emotional, and developmental
problems arising from chemical abuse by a mother during pregnancy;

(2) reduce infant mortality and the incidence of preventable diseases and disabling
conditions among children;

(3) reduce the need for inpatient and long-term care services and to otherwise
promote the health of mothers and children, especially by providing preventive and
primary care services for low-income mothers and children and prenatal, delivery and
postpartum care for low-income mothers;

(4) provide rehabilitative services for blind and disabled children under age 16
receiving benefits under title XVI of the Social Security Act; and

(5) provide and locate medical, surgical, corrective and other service for children
deleted text beginwho are crippled or who are suffering from conditions that lead to cripplingdeleted text endnew text begin with special
health care needs
new text end.

Sec. 6.

Minnesota Statutes 2012, section 146A.11, subdivision 1, is amended to read:


Subdivision 1.

Scope.

(a) All unlicensed complementary and alternative health
care practitioners shall provide to each complementary and alternative health care
client prior to providing treatment a written copy of the complementary and alternative
health care client bill of rights. A copy must also be posted in a prominent location
in the office of the unlicensed complementary and alternative health care practitioner.
Reasonable accommodations shall be made for those clients who cannot read or who have
communication deleted text beginimpairmentsdeleted text endnew text begin disabilitiesnew text end and those who do not read or speak English. The
complementary and alternative health care client bill of rights shall include the following:

(1) the name, complementary and alternative health care title, business address, and
telephone number of the unlicensed complementary and alternative health care practitioner;

(2) the degrees, training, experience, or other qualifications of the practitioner
regarding the complimentary and alternative health care being provided, followed by the
following statement in bold print:

"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL
AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND
ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF
CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.

Under Minnesota law, an unlicensed complementary and alternative health care
practitioner may not provide a medical diagnosis or recommend discontinuance of
medically prescribed treatments. If a client desires a diagnosis from a licensed physician,
chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse,
osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic
trainer, or any other type of health care provider, the client may seek such services at
any time.";

(3) the name, business address, and telephone number of the practitioner's
supervisor, if any;

(4) notice that a complementary and alternative health care client has the right to file a
complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;

(5) the name, address, and telephone number of the office of unlicensed
complementary and alternative health care practice and notice that a client may file
complaints with the office;

(6) the practitioner's fees per unit of service, the practitioner's method of billing
for such fees, the names of any insurance companies that have agreed to reimburse the
practitioner, or health maintenance organizations with whom the practitioner contracts to
provide service, whether the practitioner accepts Medicare, medical assistance, or general
assistance medical care, and whether the practitioner is willing to accept partial payment,
or to waive payment, and in what circumstances;

(7) a statement that the client has a right to reasonable notice of changes in services
or charges;

(8) a brief summary, in plain language, of the theoretical approach used by the
practitioner in providing services to clients;

(9) notice that the client has a right to complete and current information concerning
the practitioner's assessment and recommended service that is to be provided, including
the expected duration of the service to be provided;

(10) a statement that clients may expect courteous treatment and to be free from
verbal, physical, or sexual abuse by the practitioner;

(11) a statement that client records and transactions with the practitioner are
confidential, unless release of these records is authorized in writing by the client, or
otherwise provided by law;

(12) a statement of the client's right to be allowed access to records and written
information from records in accordance with sections 144.291 to 144.298;

(13) a statement that other services may be available in the community, including
where information concerning services is available;

(14) a statement that the client has the right to choose freely among available
practitioners and to change practitioners after services have begun, within the limits of
health insurance, medical assistance, or other health programs;

(15) a statement that the client has a right to coordinated transfer when there will
be a change in the provider of services;

(16) a statement that the client may refuse services or treatment, unless otherwise
provided by law; and

(17) a statement that the client may assert the client's rights without retaliation.

(b) This section does not apply to an unlicensed complementary and alternative
health care practitioner who is employed by or is a volunteer in a hospital or hospice who
provides services to a client in a hospital or under an appropriate hospice plan of care.
Patients receiving complementary and alternative health care services in an inpatient
hospital or under an appropriate hospice plan of care shall have and be made aware of
the right to file a complaint with the hospital or hospice provider through which the
practitioner is employed or registered as a volunteer.

Sec. 7.

Minnesota Statutes 2012, section 148.512, subdivision 12, is amended to read:


Subd. 12.

Practice of audiology.

The "practice of audiology" means:

(1) identification, assessment, and interpretation, diagnosis, rehabilitation, and
prevention of hearing disorders;

(2) conservation of the auditory system function; development and implementation
of hearing conservation programs;

(3) measurement, assessment, and interpretation of auditory and vestibular function;

(4) selecting, fitting, and dispensing of assistive listening devices, alerting and
amplification devices, and systems for personal and public use, including hearing aids and
devices, and providing training in their use;

(5) aural habilitation and rehabilitation and related counseling for deleted text beginhearing impaired
deleted text end individuals new text beginwho are deaf, deafblind, and hard-of-hearing new text endand their families;

(6) screening of speech, language, voice, or fluency for the purposes of audiologic
evaluation or identification of possible communication disorders; or

(7) supervision of the functions in clauses (1) to (6).

The practice of audiology does not include the practice of medicine and surgery,
or osteopathic medicine and surgery, or medical diagnosis that is commonly performed
by a physician.

Sec. 8.

Minnesota Statutes 2012, section 148.512, subdivision 13, is amended to read:


Subd. 13.

Practice of speech-language pathology.

The "practice of
speech-language pathology" means:

(1) identification, assessment, and interpretation, diagnosis, habilitation,
rehabilitation, treatment and prevention of disorders of speech, articulation, fluency, voice,
and language;

(2) identification, assessment, and interpretation, diagnosis, habilitation, and
rehabilitation of disorders of oral-pharyngeal function and related disorders;

(3) identification, assessment, and interpretation, diagnosis, habilitation, and
rehabilitation of communication disorders associated with cognition;

(4) assessing, selecting, and developing augmentative and alternative communication
systems and providing training in their use;

(5) aural habilitation and rehabilitation and related counseling for deleted text beginhearing impaired
deleted text end individuals new text beginwho are deaf, deafblind, and hard-of-hearing new text endand their families;

(6) enhancing speech-language proficiency and communication effectiveness;

(7) screening individuals for hearing loss or middle ear pathology for the purposes
of speech-language evaluation or for the identification of possible hearing disorders; or

(8) supervision of the functions in clauses (1) to (7).

The practice of speech-language pathology does not include the practice of medicine
and surgery, or osteopathic medicine and surgery, or medical diagnosis that is commonly
performed by a physician.

Sec. 9.

Minnesota Statutes 2012, section 150A.13, subdivision 6, is amended to read:


Subd. 6.

Courts.

The court administrator of district court or any other court of
competent jurisdiction shall report to the board any judgment or other determination of
the court that adjudges or includes a finding that a licensee deleted text beginis mentally illdeleted text endnew text begin has a mental
illness
new text end, deleted text beginmentally incompetentdeleted text endnew text begin is unable to practice with reasonable skill and safety due to a
mental condition
new text end, guilty of a felony, guilty of a violation of federal or state narcotics laws
or controlled substances act, or guilty of an abuse or fraud under Medicare or Medicaid; or
that appoints a guardian of the licensee pursuant to sections 524.5-101 to 524.5-502, or
commits a licensee pursuant to chapter 253B.

Sec. 10.

Minnesota Statutes 2012, section 174.255, subdivision 1, is amended to read:


Subdivision 1.

Accessibility for people with disability.

The commissioner shall
require any paratransit project receiving assistance under section 174.24 that includes the
operation of two or more vehicles other than automobiles or taxis to provide at least one
vehicle that is accessible to disabled individuals and may require additional accessible
vehicles if necessary to serve disabled individuals expected to use the project. A vehicle
is accessible if it is equipped to allow transportation of an individual deleted text beginconfined todeleted text endnew text begin usingnew text end a
wheelchair or using an orthopedic device.

Sec. 11.

Minnesota Statutes 2012, section 202A.13, is amended to read:


202A.13 COMMITTEES, CONVENTIONS.

The rules of each major political party shall provide that for each congressional
district and each county or legislative district a convention shall be held at least once
every state general election year. Each major political party shall also provide for each
congressional district and each county or legislative district an executive committee
consisting of a chair and such other officers as may be necessary. The party rules may
provide for only one executive committee and one convention where any county and
congressional district have the same territorial limits.

A deleted text begincommunicatively impaireddeleted text end delegate or alternate new text beginwho is deaf, deafblind,
or hard-of-hearing
new text endwho needs interpreter services at a county, legislative district,
congressional district, or state convention shall so notify the executive committee of the
major political party unit whose convention the delegate or alternate plans to attend.
Written notice must be given by certified mail to the executive committee at least 30 days
before the convention date. The major political party, not later than 14 days before the
convention date, shall secure the services of one or more interpreters if available and shall
assume responsibility for the cost of the services. The state central committee of the major
political party shall determine the process for reimbursing interpreters.

A visually impaired delegate or alternate to a county, legislative district,
congressional district, or state convention may notify the executive committee of the major
political party unit that the delegate or alternate requires convention materials in audio
tape, Braille, or large print format. Upon receiving the request, the executive committee
shall provide all official written convention materials as soon as they are available, so
that the visually impaired individual may have them converted to audio tape, Braille, or
large print format, prior to the convention.

Sec. 12.

Minnesota Statutes 2012, section 202A.155, is amended to read:


202A.155 INTERPRETER SERVICES; CAUCUS MATERIALS.

deleted text begin A communicatively impaireddeleted text endnew text begin Annew text end individual new text beginwho is deaf, deafblind, or
hard-of-hearing
new text endwho needs interpreter services at a precinct caucus shall so notify the
major political party whose caucus the individual plans to attend. Notice must be given by
letter or electronic mail to the state office of the major political party before the precinct
caucus date. The major political party shall promptly attempt to secure the services of one
or more interpreters if available and shall assume responsibility for the cost of the services
if provided. The state central committee of the major political party shall determine the
process for reimbursing interpreters.

A visually impaired individual may notify the county or legislative district
committee of the major political party whose precinct caucus the individual plans to
attend, that the individual requires caucus materials in audio tape, Braille, or large type
format. Upon receiving the request, the county or legislative district committee shall
provide all official written caucus materials as soon as they are available, so that the
visually impaired individual may have them converted to audio tape, Braille, or large
print format prior to the precinct caucus.

Sec. 13.

Minnesota Statutes 2012, section 202A.156, is amended to read:


202A.156 INTERPRETER SERVICES AND ACCESSIBLE PRECINCT
CAUCUS EXEMPTIONS.

A major political party is not required to:

(1) provide an interpreter for a convention or precinct caucus if it has made
documented good faith efforts to locate and assign an interpreter, including contacting an
interpreter referral center or regional service center for deleted text beginthe hearing impaireddeleted text endnew text begin people who
are deaf, deafblind, and hard-of-hearing
new text end, and no interpreters are available; or

(2) hold a precinct caucus at a place that meets the accessibility standards for
precinct polling places specified in section 204B.16, subdivision 5, if it has made
documented good faith efforts to locate and secure an available accessible site within a
reasonable distance of the precinct, and no accessible site is available.

Sec. 14.

Minnesota Statutes 2012, section 237.036, is amended to read:


237.036 COIN-OPERATED OR PUBLIC PAY TELEPHONES.

(a) Neither commission approval nor a commission certificate is required to:

(1) site a coin-operated or public pay telephone in the state; or

(2) implement changes in service, services offered, rates, or location regarding a
coin-operated or public pay telephone. Registration under section 237.64 is required to
own or operate a coin-operated or public pay telephone in the state.

(b) This section does not change the authority of other state or local government
entities to regulate aspects of coin-operated or public pay telephone ownership, location,
or operation; however, an entity may not regulate aspects of these services that it did not
regulate prior to May 26, 1999. The commission shall retain the authority delegated to
it under federal and state law to protect the public interest with regard to coin-operated
or public pay telephones.

(c) Owners and operators of coin-operated or public pay telephones are exempt from
sections 237.06, 237.07, 237.075, 237.09, 237.23, 237.295, and 237.39 and the annual
reporting requirement of section 237.11.

(d) Owners of coin-operated or public pay telephones shall:

(1) provide immediate coin-free access, to the extent technically feasible, to 911
emergency service or to another approved emergency service; and

(2) provide free access to the telecommunications relay service for deleted text beginthe
communication impaired
deleted text endnew text begin people with communication disabilitiesnew text end.

(e) Owners of coin-operated or public pay telephones must post at each coin-operated
or public pay telephone location:

(1) customer service and complaint information, including the name, address, and
telephone number of the owner of the coin-operated or public pay telephone and the
operator service handling calls from the coin-operated or public pay telephone; a toll-free
number of the appropriate telephone company for the resolution of complaints; and the
toll-free number of the public utilities commission; and

(2) a toll-free number at which consumers can obtain pricing information regarding
rates, charges, terms, and conditions of local and long-distance calls.

Sec. 15.

Minnesota Statutes 2012, section 237.16, subdivision 9, is amended to read:


Subd. 9.

Universal service fund.

The commission shall establish and require
contributions to a universal service fund, to be supported by all providers of telephone
services, whether or not they are telephone companies under section 237.01, including, but
not limited to, local telephone companies, independent telephone companies, cooperative
telephone companies, municipal telephone companies, telecommunications carriers,
radio common carriers, personal communication service providers, and cellular carriers.
Services that should be considered for inclusion as universal include, at a minimum,
single-party service including access, usage and touch-tone capability; line quality
capable of carrying facsimile and data transmissions; equal access; emergency services
number capability; statewide telecommunications relay service for deleted text beginthe hearing-impaired
deleted text endnew text begin people with hearing lossnew text end; and blocking of long-distance toll services. The fund must be
administered and distributed in accordance with rules adopted by the commission and
designed to preserve the availability of universal service throughout the state. Any state
universal service fund must be coordinated with any federal universal service fund and be
consistent with section 254(b)(1) to (5) of the federal Telecommunications Act of 1996,
Public Law 104-104. The department shall make recommendations to the legislature by
January 1, 1996, regarding a plan for contributions to and expenditures from the universal
service fund. In particular, the department shall address the following issues:

(1) what additional services should be included in the basic set of essential telephone
services which the state should encourage in its mandate to ensure universal service;

(2) whether and how expenditures from the fund should be used to ensure citizens
access to local government and other public access programming; and

(3) whether expenditures from the fund should be used to encourage construction
of infrastructure for, and access to, advanced services, especially in high-cost areas of
the state, and, if the commission determines the fund should be used for this purpose, a
plan to accomplish these goals.

Sec. 16.

Minnesota Statutes 2012, section 240A.04, is amended to read:


240A.04 PROMOTION AND DEVELOPMENT OF AMATEUR SPORTS.

In addition to the powers and duties granted under section 240A.03, the commission
may:

(1) promote the development of Olympic training centers;

(2) promote physical fitness by promoting participation in sports;

(3) develop, foster, and coordinate physical fitness services and programs;

(4) sponsor amateur sport workshops, clinics, and conferences;

(5) provide recognition for outstanding developments, achievements, and
contributions to amateur sports;

(6) stimulate and promote amateur sport research;

(7) collect, disseminate, and communicate amateur sport information;

(8) promote amateur sport and physical fitness programs in schools and local
communities;

(9) develop programs to promote personal health and physical fitness by participation
in amateur sports in cooperation with medical, dental, sports medicine, and similar
professional societies;

(10) promote the development of recreational amateur sport opportunities
and activities in the state, including the means of facilitating acquisition, financing,
construction, and rehabilitation of sports facilities for the holding of amateur sporting
events;

(11) promote national and international amateur sport competitions and events;

(12) sanction or sponsor amateur sport competition;

(13) take membership in regional or national amateur sports associations or
organizations; and

(14) promote the deleted text beginmainstreaming and normalizationdeleted text endnew text begin inclusionnew text end of people with physical
disabilities deleted text beginand visual and hearing impairmentsdeleted text endnew text begin, visual impairments, and people who are
deaf, deafblind, and hard-of-hearing
new text end in amateur sports.

Sec. 17.

Minnesota Statutes 2012, section 240A.06, subdivision 1, is amended to read:


Subdivision 1.

Sponsorship required.

The commission may sponsor and sanction a
series of statewide amateur athletic games patterned after the winter and summer Olympic
Games, with variations as required by facilities, equipment, and expertise, and as necessary
to include people with physical disabilities deleted text beginand visual and hearing impairmentsdeleted text endnew text begin, people with
vision impairments, and people who are deaf, deafblind, and hard-of-hearing
new text end. The games
may be held annually beginning in 1989, if money and facilities are available, unless the
time of the games would conflict with other sporting events as the commission determines.

Sec. 18.

Minnesota Statutes 2012, section 240A.06, subdivision 2, is amended to read:


Subd. 2.

Limitations.

The games must be designed to encourage the participation
of athletes representing a broad range of age groups, skill levels, Minnesota communities,
and people with physical disabilities deleted text beginand visual and hearing impairmentsdeleted text endnew text begin, people with
vision impairments, and people who are deaf, deafblind, and hard-of-hearing
new text end. Primary
participants must be residents of Minnesota. Regional competitions to determine
participants in the games may be held throughout the state, and the top qualifiers in each
sport or the regional competitions are qualified to participate in the state amateur athletic
games. The games must be held at an appropriate site in the state.

Sec. 19.

Minnesota Statutes 2012, section 256.01, subdivision 2, is amended to read:


Subd. 2.

Specific powers.

Subject to the provisions of section 241.021, subdivision
2
, the commissioner of human services shall carry out the specific duties in paragraphs (a)
through (cc):

(a) Administer and supervise all forms of public assistance provided for by state law
and other welfare activities or services as are vested in the commissioner. Administration
and supervision of human services activities or services includes, but is not limited to,
assuring timely and accurate distribution of benefits, completeness of service, and quality
program management. In addition to administering and supervising human services
activities vested by law in the department, the commissioner shall have the authority to:

(1) require county agency participation in training and technical assistance programs
to promote compliance with statutes, rules, federal laws, regulations, and policies
governing human services;

(2) monitor, on an ongoing basis, the performance of county agencies in the
operation and administration of human services, enforce compliance with statutes, rules,
federal laws, regulations, and policies governing welfare services and promote excellence
of administration and program operation;

(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;

(4) require county agencies to make an adjustment to the public assistance benefits
issued to any individual consistent with federal law and regulation and state law and rule
and to issue or recover benefits as appropriate;

(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 256.017;

(6) make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using appropriated funds; and

(7) enter into contractual agreements with federally recognized Indian tribes with
a reservation in Minnesota to the extent necessary for the tribe to operate a federally
approved family assistance program or any other program under the supervision of the
commissioner. The commissioner shall consult with the affected county or counties in
the contractual agreement negotiations, if the county or counties wish to be included,
in order to avoid the duplication of county and tribal assistance program services. The
commissioner may establish necessary accounts for the purposes of receiving and
disbursing funds as necessary for the operation of the programs.

(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
regulation, and policy necessary to county agency administration of the programs.

(c) Administer and supervise all child welfare activities; promote the enforcement of
laws protecting disabled, dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the times of the conception
nor at the births of the children; license and supervise child-caring and child-placing
agencies and institutions; supervise the care of children in boarding and foster homes or
in private institutions; and generally perform all functions relating to the field of child
welfare now vested in the State Board of Control.

(d) Administer and supervise all noninstitutional service to deleted text begindisabled persons,
including those who are visually impaired, hearing impaired, or physically impaired
or otherwise disabled
deleted text endnew text begin persons with disabilities, including persons who have vision
impairments, and persons who are deaf, deafblind, and hard-of-hearing or with other
disabilities
new text end. The commissioner may provide and contract for the care and treatment of
qualified indigent children in facilities other than those located and available at state
hospitals when it is not feasible to provide the service in state hospitals.

(e) Assist and actively cooperate with other departments, agencies and institutions,
local, state, and federal, by performing services in conformity with the purposes of Laws
1939, chapter 431.

(f) Act as the agent of and cooperate with the federal government in matters of
mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
431, including the administration of any federal funds granted to the state to aid in the
performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
and including the promulgation of rules making uniformly available medical care benefits
to all recipients of public assistance, at such times as the federal government increases its
participation in assistance expenditures for medical care to recipients of public assistance,
the cost thereof to be borne in the same proportion as are grants of aid to said recipients.

(g) Establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all divisions of the department.

(h) Act as designated guardian of both the estate and the person of all the wards of
the state of Minnesota, whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons committed as developmentally
disabled. For children under the guardianship of the commissioner or a tribe in Minnesota
recognized by the Secretary of the Interior whose interests would be best served by
adoptive placement, the commissioner may contract with a licensed child-placing agency
or a Minnesota tribal social services agency to provide adoption services. A contract
with a licensed child-placing agency must be designed to supplement existing county
efforts and may not replace existing county programs or tribal social services, unless the
replacement is agreed to by the county board and the appropriate exclusive bargaining
representative, tribal governing body, or the commissioner has evidence that child
placements of the county continue to be substantially below that of other counties. Funds
encumbered and obligated under an agreement for a specific child shall remain available
until the terms of the agreement are fulfilled or the agreement is terminated.

(i) Act as coordinating referral and informational center on requests for service for
newly arrived immigrants coming to Minnesota.

(j) The specific enumeration of powers and duties as hereinabove set forth shall in no
way be construed to be a limitation upon the general transfer of powers herein contained.

(k) Establish county, regional, or statewide schedules of maximum fees and charges
which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
nursing home care and medicine and medical supplies under all programs of medical
care provided by the state and for congregate living care under the income maintenance
programs.

(l) Have the authority to conduct and administer experimental projects to test methods
and procedures of administering assistance and services to recipients or potential recipients
of public welfare. To carry out such experimental projects, it is further provided that the
commissioner of human services is authorized to waive the enforcement of existing specific
statutory program requirements, rules, and standards in one or more counties. The order
establishing the waiver shall provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and
in no event shall the duration of a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the provisions of this section
shall become effective until the following conditions have been met:

(1) the secretary of health and human services of the United States has agreed, for
the same project, to waive state plan requirements relative to statewide uniformity; and

(2) a comprehensive plan, including estimated project costs, shall be approved by
the Legislative Advisory Commission and filed with the commissioner of administration.

(m) According to federal requirements, establish procedures to be followed by
local welfare boards in creating citizen advisory committees, including procedures for
selection of committee members.

(n) Allocate federal fiscal disallowances or sanctions which are based on quality
control error rates for the aid to families with dependent children program formerly
codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
following manner:

(1) one-half of the total amount of the disallowance shall be borne by the county
boards responsible for administering the programs. For the medical assistance and the
AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
shared by each county board in the same proportion as that county's expenditures for the
sanctioned program are to the total of all counties' expenditures for the AFDC program
formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
food stamp program, sanctions shall be shared by each county board, with 50 percent of
the sanction being distributed to each county in the same proportion as that county's
administrative costs for food stamps are to the total of all food stamp administrative costs
for all counties, and 50 percent of the sanctions being distributed to each county in the
same proportion as that county's value of food stamp benefits issued are to the total of
all benefits issued for all counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the amount due hereunder, the
commissioner may deduct the amount from reimbursement otherwise due the county, or
the attorney general, upon the request of the commissioner, may institute civil action
to recover the amount due; and

(2) notwithstanding the provisions of clause (1), if the disallowance results from
knowing noncompliance by one or more counties with a specific program instruction, and
that knowing noncompliance is a matter of official county board record, the commissioner
may require payment or recover from the county or counties, in the manner prescribed in
clause (1), an amount equal to the portion of the total disallowance which resulted from the
noncompliance, and may distribute the balance of the disallowance according to clause (1).

(o) Develop and implement special projects that maximize reimbursements and
result in the recovery of money to the state. For the purpose of recovering state money,
the commissioner may enter into contracts with third parties. Any recoveries that result
from projects or contracts entered into under this paragraph shall be deposited in the
state treasury and credited to a special account until the balance in the account reaches
$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
transferred and credited to the general fund. All money in the account is appropriated to
the commissioner for the purposes of this paragraph.

(p) Have the authority to make direct payments to facilities providing shelter
to women and their children according to section 256D.05, subdivision 3. Upon
the written request of a shelter facility that has been denied payments under section
256D.05, subdivision 3, the commissioner shall review all relevant evidence and make
a determination within 30 days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days shall be considered a
determination not to issue direct payments.

(q) Have the authority to establish and enforce the following county reporting
requirements:

(1) the commissioner shall establish fiscal and statistical reporting requirements
necessary to account for the expenditure of funds allocated to counties for human
services programs. When establishing financial and statistical reporting requirements, the
commissioner shall evaluate all reports, in consultation with the counties, to determine if
the reports can be simplified or the number of reports can be reduced;

(2) the county board shall submit monthly or quarterly reports to the department
as required by the commissioner. Monthly reports are due no later than 15 working days
after the end of the month. Quarterly reports are due no later than 30 calendar days after
the end of the quarter, unless the commissioner determines that the deadline must be
shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
or risking a loss of federal funding. Only reports that are complete, legible, and in the
required format shall be accepted by the commissioner;

(3) if the required reports are not received by the deadlines established in clause (2),
the commissioner may delay payments and withhold funds from the county board until
the next reporting period. When the report is needed to account for the use of federal
funds and the late report results in a reduction in federal funding, the commissioner shall
withhold from the county boards with late reports an amount equal to the reduction in
federal funding until full federal funding is received;

(4) a county board that submits reports that are late, illegible, incomplete, or not
in the required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner
shall notify the county board of the reason the county board is considered noncompliant
and request that the county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective action plan must be submitted
to the commissioner within 45 days after the date the county board received notice
of noncompliance;

(5) the final deadline for fiscal reports or amendments to fiscal reports is one year
after the date the report was originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding associated with the report for
that reporting period and the county board must repay any funds associated with the
report received for that reporting period;

(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to
provide appropriate forms, guidelines, and technical assistance to enable the county to
comply with the requirements. If the county board disagrees with an action taken by the
commissioner under clause (3) or (5), the county board may appeal the action according
to sections 14.57 to 14.69; and

(7) counties subject to withholding of funds under clause (3) or forfeiture or
repayment of funds under clause (5) shall not reduce or withhold benefits or services to
clients to cover costs incurred due to actions taken by the commissioner under clause
(3) or (5).

(r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
federal fiscal disallowances or sanctions are based on a statewide random sample in direct
proportion to each county's claim for that period.

(s) Be responsible for ensuring the detection, prevention, investigation, and
resolution of fraudulent activities or behavior by applicants, recipients, and other
participants in the human services programs administered by the department.

(t) Require county agencies to identify overpayments, establish claims, and utilize
all available and cost-beneficial methodologies to collect and recover these overpayments
in the human services programs administered by the department.

(u) Have the authority to administer a drug rebate program for drugs purchased
pursuant to the prescription drug program established under section 256.955 after the
beneficiary's satisfaction of any deductible established in the program. The commissioner
shall require a rebate agreement from all manufacturers of covered drugs as defined in
section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on
or after July 1, 2002, must include rebates for individuals covered under the prescription
drug program who are under 65 years of age. For each drug, the amount of the rebate shall
be equal to the rebate as defined for purposes of the federal rebate program in United
States Code, title 42, section 1396r-8. The manufacturers must provide full payment
within 30 days of receipt of the state invoice for the rebate within the terms and conditions
used for the federal rebate program established pursuant to section 1927 of title XIX of
the Social Security Act. The manufacturers must provide the commissioner with any
information necessary to verify the rebate determined per drug. The rebate program shall
utilize the terms and conditions used for the federal rebate program established pursuant to
section 1927 of title XIX of the Social Security Act.

(v) Have the authority to administer the federal drug rebate program for drugs
purchased under the medical assistance program as allowed by section 1927 of title XIX
of the Social Security Act and according to the terms and conditions of section 1927.
Rebates shall be collected for all drugs that have been dispensed or administered in an
outpatient setting and that are from manufacturers who have signed a rebate agreement
with the United States Department of Health and Human Services.

(w) Have the authority to administer a supplemental drug rebate program for drugs
purchased under the medical assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the provisions of section
256B.0625, subdivision 13.

(x) Operate the department's communication systems account established in Laws
1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs the commissioner
supervises. A communications account may also be established for each regional
treatment center which operates communications systems. Each account must be used
to manage shared communication costs necessary for the operations of the programs the
commissioner supervises. The commissioner may distribute the costs of operating and
maintaining communication systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
other costs as determined by the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of programs the commissioner
supervises may participate in the use of the department's communications technology and
share in the cost of operation. The commissioner may accept on behalf of the state any
gift, bequest, devise or personal property of any kind, or money tendered to the state for
any lawful purpose pertaining to the communication activities of the department. Any
money received for this purpose must be deposited in the department's communication
systems accounts. Money collected by the commissioner for the use of communication
systems must be deposited in the state communication systems account and is appropriated
to the commissioner for purposes of this section.

(y) Receive any federal matching money that is made available through the medical
assistance program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in either year of
the biennium.

(z) Designate community information and referral call centers and incorporate
cost reimbursement claims from the designated community information and referral
call centers into the federal cost reimbursement claiming processes of the department
according to federal law, rule, and regulations. Existing information and referral centers
provided by Greater Twin Cities United Way or existing call centers for which Greater
Twin Cities United Way has legal authority to represent, shall be included in these
designations upon review by the commissioner and assurance that these services are
accredited and in compliance with national standards. Any reimbursement is appropriated
to the commissioner and all designated information and referral centers shall receive
payments according to normal department schedules established by the commissioner
upon final approval of allocation methodologies from the United States Department of
Health and Human Services Division of Cost Allocation or other appropriate authorities.

(aa) Develop recommended standards for foster care homes that address the
components of specialized therapeutic services to be provided by foster care homes with
those services.

(bb) Authorize the method of payment to or from the department as part of the
human services programs administered by the department. This authorization includes the
receipt or disbursement of funds held by the department in a fiduciary capacity as part of
the human services programs administered by the department.

(cc) Have the authority to administer a drug rebate program for drugs purchased for
persons eligible for general assistance medical care under section 256D.03, subdivision 3.
For manufacturers that agree to participate in the general assistance medical care rebate
program, the commissioner shall enter into a rebate agreement for covered drugs as
defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the
rebate shall be equal to the rebate as defined for purposes of the federal rebate program in
United States Code, title 42, section 1396r-8. The manufacturers must provide payment
within the terms and conditions used for the federal rebate program established under
section 1927 of title XIX of the Social Security Act. The rebate program shall utilize
the terms and conditions used for the federal rebate program established under section
1927 of title XIX of the Social Security Act.

Effective January 1, 2006, drug coverage under general assistance medical care shall
be limited to those prescription drugs that:

(1) are covered under the medical assistance program as described in section
256B.0625, subdivisions 13 and 13d; and

(2) are provided by manufacturers that have fully executed general assistance
medical care rebate agreements with the commissioner and comply with such agreements.
Prescription drug coverage under general assistance medical care shall conform to
coverage under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g
.

The rebate revenues collected under the drug rebate program are deposited in the
general fund.

Sec. 20.

Minnesota Statutes 2012, section 256C.24, subdivision 3, is amended to read:


Subd. 3.

Advisory committee.

The director of the Deaf and Hard-of-Hearing
Services Division shall appoint an advisory committee of up to nine persons
for each regional service area. Members shall include persons who are deaf,
deafblind, and hard-of-hearing, persons who deleted text beginare communication-impaireddeleted text endnew text begin have
communication disabilities
new text end, parents of children who are deaf and hard-of-hearing,
parents of deleted text begincommunication-impaireddeleted text end childrennew text begin who have communication disabilitiesnew text end, and
representatives of county and regional human services, including representatives of
private service providers. At least 50 percent of the members must be deaf or deafblind or
hard-of-hearing or deleted text begincommunication-impaireddeleted text endnew text begin have a communication disabilitynew text end. Committee
members shall serve for a three-year term and shall serve no more than two consecutive
terms. Each advisory committee shall elect a chair. The director of the Deaf and
Hard-of-Hearing Services Division shall assign staff to serve as nonvoting members of
the committee. Members shall not receive a per diem. Otherwise, the compensation,
removal of members, and filling of vacancies on the committee shall be as provided
in section 15.0575.

Sec. 21.

Minnesota Statutes 2012, section 256C.29, is amended to read:


256C.29 COMMUNICATIONS DEVICES REQUIRED IN BUS TERMINALS.

The operator of a bus terminal in the city of Minneapolis or St. Paul that serves
intercity buses, defined in section 168.002, subdivision 4, shall provide, in public areas in
the terminal, public pay telephones with telecommunications devices, commonly known
as "TDD's," that permit a deleted text begincommunication-impaireddeleted text end person new text beginwho has a communication
disability
new text endto communicate with others by telephone. The operator shall place signs at
strategic locations in and about the terminal indicating where the telephones are available.

Sec. 22.

Minnesota Statutes 2012, section 299C.06, is amended to read:


299C.06 DIVISION POWERS AND DUTIES; COOPERATION.

It shall be the duty of all sheriffs, chiefs of police, prison wardens, superintendents of
deleted text begininsanedeleted text end hospitalsnew text begin for persons with mental illnessesnew text end, reformatories, and correctional schools,
probation and parole officers, school attendance officers, coroners, county attorneys, court
clerks, the commissioner of public safety, the commissioner of transportation, and the state
fire marshal to furnish to the division statistics and information regarding the number of
crimes reported and discovered; arrests made; complaints, informations, and indictments
filed, and the disposition made of same; pleas, convictions, acquittals, probations granted
or denied; conditional release information; receipts, transfers, and discharges to and from
prisons, reformatories, correctional schools, and other institutions; paroles granted and
revoked; commutation of sentences and pardons granted and rescinded; and all other data
useful in determining the cause and amount of crime in this state and to form a basis for
the study of crime, police methods, court procedure, and penal problems. Such statistics
and information shall be furnished upon the request of the division and upon such forms
as may be prescribed and furnished by it. Unless otherwise required or permitted by the
superintendent of the Bureau of Criminal Apprehension, an agency or person furnishing
information under this section must utilize a nationally recognized system or standard
approved by the Federal Bureau of Investigation for reporting statistics and information.
The division shall have the power to inspect and prescribe the form and substance of the
records kept by those officials from which the information is so furnished.

Sec. 23.

Minnesota Statutes 2012, section 326B.106, subdivision 9, is amended to read:


Subd. 9.

Accessibility.

(a) Public buildings. The code must provide for making
public buildings constructed or remodeled after July 1, 1963, accessible to and usable by
persons with disabilities, although this does not require the remodeling of public buildings
solely to provide accessibility and usability to persons with disabilities when remodeling
would not otherwise be undertaken.

(b) Leased space. No agency of the state may lease space for agency operations
in a non-state-owned building unless the building satisfies the requirements of the State
Building Code for accessibility by persons with disabilities, or is eligible to display the
state symbol of accessibility. This limitation applies to leases of 30 days or more for
space of at least 1,000 square feet.

(c) Meetings or conferences. Meetings or conferences for the public or for state
employees which are sponsored in whole or in part by a state agency must be held in
buildings that meet the State Building Code requirements relating to accessibility for
persons with disabilities. This subdivision does not apply to any classes, seminars,
or training programs offered by the Minnesota State Colleges and Universities or the
University of Minnesota. Meetings or conferences intended for specific individuals none
of whom need the accessibility features for persons with disabilities specified in the State
Building Code need not comply with this subdivision unless a person with a disability
gives reasonable advance notice of an intent to attend the meeting or conference. When
sign language interpreters will be provided, meetings or conference sites must be chosen
which allow deleted text beginhearing impaireddeleted text end participants new text beginwho are deaf or hard-of-hearing new text endto see deleted text begintheir
signing
deleted text endnew text begin the sign language interpretersnew text end clearly.

(d) Exemptions. The commissioner may grant an exemption from the requirements
of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts
were made to secure facilities which complied with those requirements and if the selected
facilities are the best available for access for persons with disabilities. Exemptions shall
be granted using criteria developed by the commissioner in consultation with the Council
on Disability.

(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by persons with disabilities. In the
interests of uniformity, this symbol is the sole symbol for display in or on all public or
private buildings, facilities, and grounds which qualify for its use. The secretary of
state shall obtain the symbol and keep it on file. No building, facility, or grounds may
display the symbol unless it is in compliance with the rules adopted by the commissioner
under subdivision 1. Before any rules are proposed for adoption under this paragraph,
the commissioner shall consult with the Council on Disability. Rules adopted under this
paragraph must be enforced in the same way as other accessibility rules of the State
Building Code.

Sec. 24.

Minnesota Statutes 2012, section 326B.106, subdivision 11, is amended to read:


Subd. 11.

Access for deleted text beginthe hearing-impaireddeleted text endnew text begin people with a hearing lossnew text end.

All rooms
in the State Office Building and in the Capitol that are used by the house of representatives
or the senate for legislative hearings, and the public galleries overlooking the house of
representatives and senate chambers, must be fitted with assistive listening devices for deleted text beginthe
hearing-impaired
deleted text endnew text begin people with hearing lossnew text end. Each hearing room and the public galleries
must have a sufficient number of receivers available so that deleted text beginhearing-impaireddeleted text end members of
the public new text beginwho have hearing loss new text endmay participate in the committee hearings and public
sessions of the house of representatives and senate.

Sec. 25.

Minnesota Statutes 2012, section 473.608, subdivision 22, is amended to read:


Subd. 22.

TDD phones.

The commission shall provide, in public areas at
the international airport, public pay telephones with telecommunications devices,
commonly known as "TDD's," that permit a deleted text begincommunication-impaireddeleted text end person new text beginwho has
a communication disability
new text endto communicate with others by telephone. The commission
shall provide one such telephone on each concourse of the main terminal, one in the main
ticketing area of the main terminal, and one in the Humphrey Terminal. The commission
shall place signs at strategic locations in and about the terminals indicating where the
telephones are available.

Sec. 26.

Minnesota Statutes 2012, section 589.35, subdivision 1, is amended to read:


Subdivision 1.

Order.

Except as provided in this chapter and chapter 590, a court
requiring the appearance of a person confined in a state correctional facility, deleted text beginmental
deleted text end hospitalnew text begin for persons with mental illnessesnew text end, or other institution after criminal conviction,
civil commitment, or under court order, may order the confining institution to release the
person into the temporary custody of the court. The order must specify:

(1) the reason for the person's appearance;

(2) to whom the confined person may be released; and

(3) the date and time of the release.

Sec. 27.

Minnesota Statutes 2012, section 595.02, subdivision 1, is amended to read:


Subdivision 1.

Competency of witnesses.

Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal, in court or
before any person who has authority to receive evidence, except as provided in this
subdivision:

(a) A husband cannot be examined for or against his wife without her consent, nor a
wife for or against her husband without his consent, nor can either, during the marriage or
afterwards, without the consent of the other, be examined as to any communication made
by one to the other during the marriage. This exception does not apply to a civil action or
proceeding by one against the other, nor to a criminal action or proceeding for a crime
committed by one against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is charged with
homicide or an attempt to commit homicide and the date of the marriage of the defendant
is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
neglect, dependency, or termination of parental rights.

(b) An attorney cannot, without the consent of the attorney's client, be examined as
to any communication made by the client to the attorney or the attorney's advice given
thereon in the course of professional duty; nor can any employee of the attorney be
examined as to the communication or advice, without the client's consent.

(c) A member of the clergy or other minister of any religion shall not, without the
consent of the party making the confession, be allowed to disclose a confession made to
the member of the clergy or other minister in a professional character, in the course of
discipline enjoined by the rules or practice of the religious body to which the member of
the clergy or other minister belongs; nor shall a member of the clergy or other minister of
any religion be examined as to any communication made to the member of the clergy or
other minister by any person seeking religious or spiritual advice, aid, or comfort or advice
given thereon in the course of the member of the clergy's or other minister's professional
character, without the consent of the person.

(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the
consent of the patient, be allowed to disclose any information or any opinion based thereon
which the professional acquired in attending the patient in a professional capacity, and
which was necessary to enable the professional to act in that capacity; after the decease
of the patient, in an action to recover insurance benefits, where the insurance has been
in existence two years or more, the beneficiaries shall be deemed to be the personal
representatives of the deceased person for the purpose of waiving this privilege, and no
oral or written waiver of the privilege shall have any binding force or effect except when
made upon the trial or examination where the evidence is offered or received.

(e) A public officer shall not be allowed to disclose communications made to the
officer in official confidence when the public interest would suffer by the disclosure.

(f) Persons of unsound mind and persons intoxicated at the time of their production
for examination are not competent witnesses if they lack capacity to remember or to relate
truthfully facts respecting which they are examined.

(g) A registered nurse, psychologist, consulting psychologist, or licensed social
worker engaged in a psychological or social assessment or treatment of an individual
at the individual's request shall not, without the consent of the professional's client, be
allowed to disclose any information or opinion based thereon which the professional has
acquired in attending the client in a professional capacity, and which was necessary to
enable the professional to act in that capacity. Nothing in this clause exempts licensed
social workers from compliance with the provisions of sections 626.556 and 626.557.

(h) An interpreter for a person disabled in communication shall not, without the
consent of the person, be allowed to disclose any communication if the communication
would, if the interpreter were not present, be privileged. For purposes of this section, a
"person disabled in communication" means a person who, because of a hearing, speech
or other communication disorder, or because of the inability to speak or comprehend the
English language, is unable to understand the proceedings in which the person is required
to participate. The presence of an interpreter as an aid to communication does not destroy
an otherwise existing privilege.

(i) Licensed chemical dependency counselors shall not disclose information or
an opinion based on the information which they acquire from persons consulting them
in their professional capacities, and which was necessary to enable them to act in that
capacity, except that they may do so:

(1) when informed consent has been obtained in writing, except in those
circumstances in which not to do so would violate the law or would result in clear and
imminent danger to the client or others;

(2) when the communications reveal the contemplation or ongoing commission
of a crime; or

(3) when the consulting person waives the privilege by bringing suit or filing charges
against the licensed professional whom that person consulted.

(j) A parent or the parent's minor child may not be examined as to any communication
made in confidence by the minor to the minor's parent. A communication is confidential if
made out of the presence of persons not members of the child's immediate family living
in the same household. This exception may be waived by express consent to disclosure
by a parent entitled to claim the privilege or by the child who made the communication
or by failure of the child or parent to object when the contents of a communication are
demanded. This exception does not apply to a civil action or proceeding by one spouse
against the other or by a parent or child against the other, nor to a proceeding to commit
either the child or parent to whom the communication was made or to place the person or
property or either under the control of another because of an alleged mental or physical
condition, nor to a criminal action or proceeding in which the parent is charged with a
crime committed against the person or property of the communicating child, the parent's
spouse, or a child of either the parent or the parent's spouse, or in which a child is charged
with a crime or act of delinquency committed against the person or property of a parent
or a child of a parent, nor to an action or proceeding for termination of parental rights,
nor any other action or proceeding on a petition alleging child abuse, child neglect,
abandonment or nonsupport by a parent.

(k) Sexual assault counselors may not be allowed to disclose any opinion or
information received from or about the victim without the consent of the victim. However,
a counselor may be compelled to identify or disclose information in investigations or
proceedings related to neglect or termination of parental rights if the court determines good
cause exists. In determining whether to compel disclosure, the court shall weigh the public
interest and need for disclosure against the effect on the victim, the treatment relationship,
and the treatment services if disclosure occurs. Nothing in this clause exempts sexual
assault counselors from compliance with the provisions of sections 626.556 and 626.557.

"Sexual assault counselor" for the purpose of this section means a person who has
undergone at least 40 hours of crisis counseling training and works under the direction
of a supervisor in a crisis center, whose primary purpose is to render advice, counseling,
or assistance to victims of sexual assault.

(l) A domestic abuse advocate may not be compelled to disclose any opinion or
information received from or about the victim without the consent of the victim unless
ordered by the court. In determining whether to compel disclosure, the court shall weigh
the public interest and need for disclosure against the effect on the victim, the relationship
between the victim and domestic abuse advocate, and the services if disclosure occurs.
Nothing in this paragraph exempts domestic abuse advocates from compliance with the
provisions of sections 626.556 and 626.557.

For the purposes of this section, "domestic abuse advocate" means an employee or
supervised volunteer from a community-based battered women's shelter and domestic
abuse program eligible to receive grants under section 611A.32; that provides information,
advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse
and who is not employed by or under the direct supervision of a law enforcement agency,
a prosecutor's office, or by a city, county, or state agency.

(m) A person cannot be examined as to any communication or document, including
work notes, made or used in the course of or because of mediation pursuant to an
agreement to mediate. This does not apply to the parties in the dispute in an application
to a court by a party to have a mediated settlement agreement set aside or reformed.
A communication or document otherwise not privileged does not become privileged
because of this paragraph. This paragraph is not intended to limit the privilege accorded
to communication during mediation by the common law.

(n) A child under ten years of age is a competent witness unless the court finds that
the child lacks the capacity to remember or to relate truthfully facts respecting which the
child is examined. A child describing any act or event may use language appropriate for
a child of that age.

(o) A communication assistant for a telecommunications relay system for
deleted text begincommunication-impaireddeleted text end persons new text beginwho have communication disabilities new text endshall not,
without the consent of the person making the communication, be allowed to disclose
communications made to the communication assistant for the purpose of relaying.

Sec. 28.

Minnesota Statutes 2012, section 609.06, subdivision 1, is amended to read:


Subdivision 1.

When authorized.

Except as otherwise provided in subdivision 2,
reasonable force may be used upon or toward the person of another without the other's
consent when the following circumstances exist or the actor reasonably believes them to
exist:

(1) when used by a public officer or one assisting a public officer under the public
officer's direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive
the other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense
against the person; or

(4) when used by any person in lawful possession of real or personal property, or
by another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful
authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a
lawful requirement for the conduct of passengers and reasonable care is exercised with
regard to the passenger's personal safety; or

(9) when used to restrain a person who deleted text beginis mentally illdeleted text endnew text begin has a mental illnessnew text end or deleted text beginmentally
defective
deleted text endnew text begin a developmental disabilitynew text end from self-injury or injury to another or when used by
one with authority to do so to compel compliance with reasonable requirements for the
person's control, conduct, or treatment; or

(10) when used by a public or private institution providing custody or treatment
against one lawfully committed to it to compel compliance with reasonable requirements
for the control, conduct, or treatment of the committed person.

Sec. 29.

Minnesota Statutes 2012, section 609.749, subdivision 2, is amended to read:


Subd. 2.

Stalking crimes.

A person who stalks another by committing any of the
following acts is guilty of a gross misdemeanor:

(1) directly or indirectly, or through third parties, manifests a purpose or intent to
injure the person, property, or rights of another by the commission of an unlawful act;

(2) follows, monitors, or pursues another, whether in person or through any available
technological or other means;

(3) returns to the property of another if the actor is without claim of right to the
property or consent of one with authority to consent;

(4) repeatedly makes telephone calls, sends text messages, or induces a victim to
make telephone calls to the actor, whether or not conversation ensues;

(5) makes or causes the telephone of another repeatedly or continuously to ring;

(6) repeatedly mails or delivers or causes the delivery by any means, including
electronically, of letters, telegrams, messages, packages, through assistive devices for
deleted text beginthe visually or hearing impaireddeleted text endnew text begin people with vision impairments or hearing lossnew text end, or any
communication made through any available technologies or other objects; or

(7) knowingly makes false allegations against a peace officer concerning the
officer's performance of official duties with intent to influence or tamper with the officer's
performance of official duties.

Sec. 30.

Minnesota Statutes 2012, section 626.8455, subdivision 1, is amended to read:


Subdivision 1.

Training course.

The board, in consultation with the Minnesota
Institute of Community Policing, shall prepare a training course to instruct peace officers
in the techniques of community policing. The course must include instruction on at least
the following matters:

(1) techniques for expanding the training of peace officers to include problem-solving;

(2) techniques for organizing community members so that they are involved and
trained in community policing activities;

(3) techniques for relating to diverse communities; and

(4) techniques for relating to deleted text beginphysically or mentally impaireddeleted text end individualsnew text begin with
physical or mental limitations
new text end.

The course also must include training on child development issues to enable officers
to respond appropriately to perceived child protection situations. The board shall update
the training course periodically as it deems appropriate.

Sec. 31. new text beginFUNDING.
new text end

new text begin Everything in this article shall be administered within the limits of available
appropriations.
new text end

Sec. 32. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin To implement the amendments in sections 1 to 30 in each part of Minnesota
Rules referred to in column A, the revisor of statutes shall delete the word or phrase in
column B and insert the word or phrase in column C. The revisor shall also make related
grammatical changes and changes in headnotes.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin Column C
new text end
new text begin 2400.2615
new text end
new text begin ramps for handicapped access
new text end
new text begin accessible ramps for a person
with a mobility impairment
new text end
new text begin 2911.0200, subpart 2
new text end
new text begin determined to be mentally
deficient
new text end
new text begin with a mental illness or a
developmental disability
new text end
new text begin 5223.0360, subpart 7
new text end
new text begin wheelchair bound
new text end
new text begin must use a wheelchair
new text end
new text begin 6700.1600
new text end
new text begin mentally incompetent
new text end
new text begin lacking the capacity to serve
as a peace officer
new text end
new text begin 7410.4740
new text end
new text begin a hearing impaired applicant
new text end
new text begin an applicant who is deaf,
deafblind, or hard-of-hearing
new text end
new text begin 7411.0620, subpart 6
new text end
new text begin hearing impaired students
new text end
new text begin students who are deaf,
deafblind, or hard-of-hearing
new text end
new text begin 7811.0550, subpart 3
new text end
new text begin speech-impaired,
hearing-impaired
new text end
new text begin customers who are deaf,
deafblind, hard-of-hearing, or
who have a speech disability
new text end
new text begin 7811.1000
new text end
new text begin hearing-impaired programs
new text end
new text begin programs for people with
hearing loss
new text end
new text begin 7812.0550, subpart 3
new text end
new text begin speech-impaired,
hearing-impaired
new text end
new text begin customers who are deaf,
deafblind, hard-of-hearing, or
who have a speech disability
new text end
new text begin 7812.1000
new text end
new text begin hearing-impaired programs
new text end
new text begin programs for people who have
hearing loss
new text end
new text begin 8775.0100, subpart 3
new text end
new text begin communication-impaired
person
new text end
new text begin person who has a
communication disability
new text end
new text begin 8775.0100, subpart 5
new text end
new text begin communication-impaired
persons
new text end
new text begin Minnesota
new text end
new text begin 8775.0100, subpart 6
new text end
new text begin communication-impaired
person
new text end
new text begin person with a communication
disability
new text end
new text begin 8775.0100, subpart 7
new text end
new text begin communication-impaired
person
new text end
new text begin person with a communication
disability
new text end
new text begin 8775.0100, subpart 7
new text end
new text begin deaf and blind,
hard-of-hearing, mobility
impaired, or speech impaired
new text end
new text begin deafblind or hard-of-hearing,
to have a mobility impairment,
or to have a speech disability
new text end
new text begin 8775.0100, subpart 8
new text end
new text begin impairment
new text end
new text begin loss
new text end
new text begin 8775.0100, subpart 8
new text end
new text begin manual communication
new text end
new text begin sign language
new text end
new text begin 8775.0100, subpart 9
new text end
new text begin Deaf and blind
new text end
new text begin Deafblind
new text end
new text begin 8775.0100, subpart 12
new text end
new text begin impairment resulting in a
functional loss
new text end
new text begin loss resulting in a functional
limitation
new text end
new text begin 8775.0100, subpart 12
new text end
new text begin the impairment
new text end
new text begin hearing loss
new text end
new text begin 8775.0100, subpart 14
new text end
new text begin communication-impaired
person or for a household with
a communication-impaired
person living alone
new text end
new text begin person with a communication
disability or for a household
with a person who has a
communication disability
living alone
new text end
new text begin 8775.0100, subpart 15
new text end
new text begin communication-impaired
person
new text end
new text begin person with a communication
disability
new text end
new text begin 8775.0100, subpart 16a
new text end
new text begin mobility impaired
new text end
new text begin mobility impairment
new text end
new text begin 8775.0100, subpart 16a
new text end
new text begin mobility-impaired person
new text end
new text begin person with a mobility
impairment
new text end
new text begin 8775.0100, subpart 19
new text end
new text begin impairment
new text end
new text begin disability
new text end
new text begin 8775.0100, subpart 20
new text end
new text begin impaired
new text end
new text begin disability
new text end
new text begin 8775.0100, subpart 20
new text end
new text begin impairment
new text end
new text begin disability
new text end
new text begin 8775.0200
new text end
new text begin communication-impaired
persons for improving
access to telephone
communications services
for communication-impaired
persons
new text end
new text begin persons with a communication
disability for improving access
to telephone communications
services for persons who have
a communication disability
new text end
new text begin 8775.0300, subpart 2
new text end
new text begin deaf and hard-of-hearing
people
new text end
new text begin people who are deaf and
hard-of-hearing
new text end
new text begin 8775.0300, subpart 2
new text end
new text begin communication impairment
new text end
new text begin hearing loss or communication
disability
new text end
new text begin 8775.0300, subpart 3
new text end
new text begin communication-impaired
person
new text end
new text begin person with a communication
disability
new text end
new text begin 8775.0300, subpart 4
new text end
new text begin be a communication-impaired
person
new text end
new text begin have a communication
disability
new text end
new text begin 8775.0300, subpart 4
new text end
new text begin deaf and blind
new text end
new text begin deafblind
new text end
new text begin 8775.0400, subpart 2a
new text end
new text begin eligible speech- and
mobility-impaired persons
new text end
new text begin persons with speech
disabilities or mobility
impairments
new text end
new text begin 8775.0400, subpart 3
new text end
new text begin speech-impaired persons
new text end
new text begin persons with speech
disabilities
new text end
new text begin 8775.0400, subpart 3a
new text end
new text begin mobility-impaired persons
new text end
new text begin persons with mobility
impairments
new text end
new text begin 8775.0400, subpart 5
new text end
new text begin communication-impaired
persons
new text end
new text begin persons with a communication
disability
new text end
new text begin 8775.0500, subpart 1
new text end
new text begin communication-impaired
person
new text end
new text begin person
new text end
new text begin 8775.0500, subpart 2
new text end
new text begin communication-impaired
person
new text end
new text begin person
new text end
new text begin 8775.0500, subpart 2
new text end
new text begin deaf and blind
new text end
new text begin deafblind
new text end
new text begin 8775.0500, subpart 3
new text end
new text begin communication-impaired
person with various
communication impairments
new text end
new text begin person with a communication
disability
new text end
new text begin 8775.0500, subpart 4
new text end
new text begin communication-impaired
person
new text end
new text begin person
new text end
new text begin 8775.0500, subpart 5
new text end
new text begin communication-impaired
person who is mobility
impaired
new text end
new text begin person who has mobility
impairment that makes
it difficult to use
telecommunications
equipment
new text end
new text begin 8775.0500, subpart 6
new text end
new text begin communication-impaired
person who is speech and
mobility impaired
new text end
new text begin person who has a
speech disability or
mobility impairment
that makes it difficult to
use telecommunications
equipment
new text end
new text begin 8840.5100, subpart 12
new text end
new text begin visual, speech, and hearing
impairments
new text end
new text begin vision impairments, speech
disabilities, hearing loss
new text end
new text begin 8840.5910, subpart 5, item
A
new text end
new text begin vision and hearing
impairments
new text end
new text begin vision impairments and
hearing loss
new text end
new text begin 9505.0140, subpart 1
new text end
new text begin hearing-impaired person
new text end
new text begin person who is deaf, deafblind,
or hard-of-hearing
new text end
new text begin 9530.6615, subpart 1
new text end
new text begin the hearing impaired
new text end
new text begin people who are deaf,
deafblind, and hard-of-hearing
new text end
new text begin 9555.5605, subpart 2
new text end
new text begin confined to a wheelchair
new text end
new text begin using a wheelchair
new text end