Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 277--S.F.No. 616
           An act relating to the council for the handicapped; 
          providing for appointment of members to the council; 
          decreasing the number of council members; making the 
          council permanent; clarifying the purposes of 
          committees within the council; describing duties; 
          amending Minnesota Statutes 1982, sections 256.481; 
          and 256.482; repealing Minnesota Statutes 1982, 
          section 256.483. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 256.481, is 
amended to read: 
    256.481 [HANDICAPPED PERSON; DEFINITION.] 
    For the purposes of sections 256.481 to 256.483 256.482 
"handicapped person" means one who, because of a substantial 
physical, mental or emotional disability or dysfunction requires 
special services in order to enjoy the benefits of our society 
any person who:  
    (a) has a physical, mental, or emotional impairment which 
substantially limits one or more major life activities;  
    (b) has a record of such an impairment; or 
    (c) is regarded as having such an impairment. 
    Sec. 2.  Minnesota Statutes 1982, section 256.482, is 
amended to read: 
    256.482 [COUNCIL FOR THE HANDICAPPED.] 
    Subdivision 1.  [ESTABLISHMENT; MEMBERS.] There is hereby 
established the council for the handicapped which shall consist 
of 30 21 members appointed by the governor.  At least fifteen 
council members shall be handicapped persons or parents or 
guardians of handicapped persons.  Twenty members shall be 
appointed from the general public, and ten shall be appointed 
from organizations which provide services for the handicapped 
Members shall be appointed from the general public and from 
organizations which provide services for handicapped persons.  A 
majority of council members shall be handicapped persons or 
parents or guardians of handicapped persons.  There shall be at 
least one member of the council appointed from each of the state 
development regions.  The commissioners of the departments of 
education, public welfare and, health, economic security, and 
the state commissioner of health, human rights and the directors 
of the division of vocational rehabilitation and state services 
for the blind or their designees shall serve as ex officio, 
without a vote, on the council, or shall designate a 
representative to the council members of the council without 
vote.  In addition, there shall may be ex officio 
representation, without vote, from the programs serving mentally 
retarded persons and from the programs serving blind persons in 
the department of public welfare and members from other programs 
bureaus, divisions, or sections of state departments which are 
directly concerned with the provision of services for to 
handicapped persons.  There shall be at least one member of the 
council appointed from each of the state development regions.  
    The terms of members serving as of December 31, 1983, shall 
expire on that date.  Thereafter, notwithstanding the provisions 
of section 15.059, each member of the council appointed by the 
governor shall serve a three-year term and until his or her 
successor is appointed and qualified, provided that of the 
members initially appointed to serve starting in 1984, one-third 
shall be appointed for one year, one-third for two years, and 
one-third for three years as designated by the governor.  The 
compensation and removal of all members shall be as provided in 
section 15.059.  The governor shall appoint a chairman chair of 
the council from among the members appointed from the general 
public or handicapped persons or their parents or guardians.  
Vacancies shall be filled by the appointing authority for the 
remainder of the unexpired term.  The council shall not expire 
and the terms of the appointed members and the compensation and 
removal of all members shall be as provided in section 15.059.  
    Subd. 2.  [EXECUTIVE DIRECTOR; STAFF.] The council may 
select an executive director of the council by a vote of a 
majority of all council members.  The executive director shall 
be in the unclassified service of the state and shall act as 
secretary to the council and shall perform such other duties as 
the council may require of him provide administrative support 
for the council and provide administrative leadership to 
implement council mandates, policies, and objectives.  The 
council executive director shall approve employment of such 
clerical help and other employees as are necessary, upon the 
recommendation of the executive director employ and direct staff 
authorized according to state law and necessary to carry out 
council mandates, policies, activities, and objectives.  
Salaries for of the executive director and staff shall be 
established in the manner prescribed by chapter 15A state law, 
and the executive director and staff shall be reimbursed for all 
the actual and necessary expenses incurred as a result of his 
their council responsibilities. 
    Subd. 3.  [RECEIPT OF FUNDS.] Whenever any person, firm or 
corporation offers to the council funds by the way of gift, 
grant or loan, for purposes of assisting the council to carry 
out its powers and duties, the council may accept such offer by 
majority vote and upon such acceptance the chairman chair shall 
receive such funds subject to the terms of the offer, but no 
money shall be accepted or received as a loan nor shall any 
indebtedness be incurred except in the manner and under the 
limitations otherwise provided by law. 
    Subd. 4.  [ORGANIZATION; COUNCILS AND COMMITTEES.] The 
council shall organize itself in conformity with its 
responsibilities under sections 256.481 to 256.483 256.482 and 
shall establish councils and committees which shall give 
detailed attention to the special needs of each category of 
handicapped persons.  The members of such councils and 
committees shall be designated by the chairman chair with the 
approval of a majority of the council and each council or 
committee shall have members from, and in approximately the same 
ratio as, the three groups represented on the council.  Councils 
Committees established shall include a council on employment 
which shall carry out the duties and responsibilities formerly 
entrusted to the governor's commission on employment of 
handicapped persons, and a council on children which shall carry 
out the duties and responsibilities related to handicapped 
children formerly entrusted to the Minnesota advisory board on 
handicapped, gifted and exceptional children committee on 
children which shall study the special needs of handicapped 
children and a committee on employment which shall study the 
special employment needs of handicapped persons.  The council 
shall serve as liaison in Minnesota for the president's 
committee on employment of the handicapped and for any other 
organization for which it is so designated by the governor or 
state legislature. 
    Subd. 5.  [DUTIES AND POWERS.] The council shall have the 
following duties and powers: 
    (1) to advise and otherwise aid the governor,; appropriate 
state agencies, including but not limited to the departments of 
education, public welfare, economic security, human rights, and 
the divisions of vocational rehabilitation and services for the 
blind; the state legislature; and the public on matters 
pertaining to public policy and the administration of programs, 
services and facilities for handicapped persons in Minnesota; 
    (2) to encourage and assist in the development of 
coordinated, interdepartmental goals and objectives and the 
coordination of programs, services and facilities among all 
state departments and private providers of service as they 
relate to handicapped persons; 
    (3) to serve as a source of information to the public 
regarding all services, programs and legislation pertaining to 
handicapped persons; 
    (4) to review and make comment to the governor, state 
agencies, the legislature, and the public concerning adequacy of 
state programs, plans and budgets for services to handicapped 
persons and for funding under the various federal grant programs;
    (5) to research, formulate and advocate plans, programs and 
policies which will serve the needs of handicapped persons; 
    (6) to advise the department departments of labor and 
industry and the state board of education economic security on 
the administration and improvement of the workers' compensation 
law as the law relates to programs, facilities and personnel 
providing assistance to injured and handicapped workers; 
    (7) to advise the workers' compensation division of the 
department of labor and industry and the workers' compensation 
court of appeals as to the necessity and extent of any 
alteration or remodeling of an existing residence or the 
building or purchase of a new or different residence which is 
proposed by a licensed architect under section 176.137. 
    Sec. 3.  [REPEALER.] 
    Minnesota Statutes 1982, section 256.483, is repealed.  
     Sec. 4.  [EFFECTIVE DATE.] 
     This act is effective the day following final enactment. 
    Approved June 6, 1983