Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 354-S.F.No. 377 
           An act relating to state government; regulating the 
          state council for the handicapped; extending the time 
          for appeals by the council from state building code 
          decisions affecting the interests of handicapped 
          persons; changing the name of the council; amending 
          the duties and responsibilities of the council; 
          authorizing the council to initiate or intervene in 
          proceedings affecting handicapped persons; providing 
          reimbursement for certain child care expenses incurred 
          in connection with service on state boards, councils, 
          committees, and task forces; appropriating money; 
          amending Minnesota Statutes 1986, sections 15.0575, 
          subdivision 3; 15.059, subdivisions 3 and 6; 16B.67; 
          214.09, subdivision 3; and 256.482. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 15.0575, 
subdivision 3, is amended to read: 
    Subd. 3.  [COMPENSATION.] Members of the boards shall be 
compensated at the rate of $35 per day spent on board 
activities, when authorized by the board, plus expenses in the 
same manner and amount as authorized by the commissioner's plan 
adopted pursuant to section 43A.18, subdivision 2.  Members who, 
as a result of time spent attending board meetings, incur child 
care expenses that would not otherwise have been incurred, may 
be reimbursed for those expenses upon board authorization.  
Members who are full-time state employees or full-time employees 
of the political subdivisions of the state shall not receive the 
$35 per day, but they shall suffer no loss in compensation or 
benefits from the state or a political subdivision as a result 
of their service on the board.  Members who are full-time state 
employees or full-time employees of the political subdivisions 
of the state may receive the expenses provided for in this 
subdivision unless the expenses are reimbursed by another source.
Members who are state employees or employees of political 
subdivisions of the state may be reimbursed for child care 
expenses only for time spent on board activities that are 
outside their normal working hours.  
    Sec. 2.  Minnesota Statutes 1986, section 15.059, 
subdivision 3, is amended to read: 
    Subd. 3.  [COMPENSATION.] Members of the advisory councils 
and committees shall be compensated at the rate of $35 per day 
spent on council or committee activities, when authorized by the 
council or committee, plus expenses in the same manner and 
amount as authorized by the commissioner's plan adopted pursuant 
to section 43A.18, subdivision 2.  Members who, as a result of 
time spent attending council or committee meetings, incur child 
care expenses that would not otherwise have been incurred, may 
be reimbursed for those expenses upon council or committee 
authorization.  If members who are state employees or employees 
of political subdivisions receive the $35 per day, and if the 
major part of their activities occur during normal working hours 
for which they are also compensated by the state or political 
subdivision, the employer shall deduct the $35 from the 
employee's compensation for the day.  In no other case shall a 
member who is an employee of the state or a political 
subdivision suffer a loss in compensation or benefits from the 
state or political subdivision as a result of service on the 
council or committee.  Members who are full-time state employees 
or full-time employees of the political subdivisions of the 
state may receive the expenses provided for in this section 
unless the expenses are reimbursed by another source.  Members 
who are state employees or employees of political subdivisions 
of the state may be reimbursed for child care expenses only for 
time spent on board activities that are outside their normal 
working hours.  
     Sec. 3.  Minnesota Statutes 1986, section 15.059, 
subdivision 6, is amended to read: 
    Subd. 6.  [ADVISORY TASK FORCES.] If the existence of an 
advisory task force is mandated by statute, the task force shall 
expire on the date specified in the enabling legislation. If no 
expiration date is specified, the task force shall expire two 
years after the effective date of the act creating the advisory 
task force. If the existence of a task force is authorized but 
not mandated by statute, the task force shall expire at the 
pleasure of the person or group which creates the task force, or 
two years after the first members of the task force are 
appointed, whichever is sooner.  A person or group with 
discretionary authority to create a task force may create 
another task force to continue the work of a task force which 
expires, unless prohibited by other law.  
    Members of advisory task forces shall not receive the $35 
per diem specified in this section but shall receive expenses in 
the same manner and amount as provided in the commissioner's 
plan under section 43A.18, subdivision 2.  Members who, as a 
result of time spent attending task force meetings, incur child 
care expenses that would not otherwise have been incurred, may 
be reimbursed for those expenses upon task force authorization.  
Members who are state employees or employees of political 
subdivisions of the state may be reimbursed for child care 
expenses only for time spent on board activities that are 
outside their normal working hours.  Members appointed to these 
advisory task forces shall serve until the expiration date of 
the advisory task force and may be removed pursuant to 
subdivision 4. 
    Sec. 4.  Minnesota Statutes 1986, section 16B.67, is 
amended to read:  
    16B.67 [APPEALS.] 
    A person aggrieved by the final decision of any 
municipality as to the application of the code, including any 
rules adopted under sections 471.465 to 471.469, may, within 30 
180 days of the decision, appeal to the commissioner.  Appellant 
shall submit a fee of $20, payable to the commissioner, with the 
request for appeal.  The final decision of the involved 
municipality is subject to review de novo by the commissioner or 
a designee.  The commissioner shall submit written findings to 
the parties.  Any person aggrieved by a ruling of the 
commissioner may appeal in accordance with chapter 14.  For the 
purpose of this section "any person aggrieved" includes the 
state council for the handicapped on disability.  No fee shall 
be required when the council for the handicapped on disability 
is the appellant.  
     Sec. 5.  Minnesota Statutes 1986, section 214.09, 
subdivision 3, is amended to read: 
    Subd. 3.  [COMPENSATION.] Members of the boards shall be 
compensated at the rate of $35 per day spent on board 
activities, when authorized by the board, plus expenses in the 
same manner and amount as authorized by the commissioner's plan 
adopted according to section 43A.18, subdivision 2.  Members 
who, as a result of time spent attending board meetings, incur 
child care expenses that would not otherwise have been incurred, 
may be reimbursed for those expenses upon board authorization.  
If members who are full-time state employees or employees of the 
political subdivisions of the state receive the $35 per day, and 
if the major part of their activities occur during normal 
working hours for which they are also compensated by the state 
or political subdivision, the employer shall deduct the $35 from 
the employee's compensation for that day.  In no other case 
shall a board member who is an employee of the state or 
political subdivision suffer a loss in compensation or benefits 
as a result of service on the board.  Members who are state 
employees or employees of the political subdivisions of the 
state may receive the expenses provided for in this subdivision 
unless the expenses are reimbursed by another source.  Members 
who are state employees or employees of political subdivisions 
of the state may be reimbursed for child care expenses only for 
time spent on board activities that are outside their normal 
working hours. 
    Sec. 6.  Minnesota Statutes 1986, section 256.482, is 
amended to read:  
    256.482 [COUNCIL FOR THE HANDICAPPED ON DISABILITY.] 
    Subdivision 1.  [ESTABLISHMENT; MEMBERS.] There is hereby 
established the council for the handicapped on disability which 
shall consist of 21 members appointed by the governor.  Members 
shall be appointed from the general public and from 
organizations which provide services for handicapped persons who 
have a disability.  A majority of council members shall 
be handicapped persons with a disability or parents or guardians 
of handicapped persons with a disability.  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, human services, health, jobs and training, and human 
rights and the directors of the division of vocational 
rehabilitation services and state services for the blind or 
their designees shall serve as ex officio members of the council 
without vote.  In addition, there the council may be appoint ex 
officio members from other bureaus, divisions, or sections of 
state departments which are directly concerned with the 
provision of services to handicapped persons with a disability.  
    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 a 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 and expiration of the council shall 
be as provided in section 15.059.  The governor shall appoint a 
chair of the council from among the members appointed from the 
general public or handicapped who are persons with a disability 
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 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 provide 
administrative support for the council and provide 
administrative leadership to implement council mandates, 
policies, and objectives.  The executive director shall employ 
and direct staff authorized according to state law and necessary 
to carry out council mandates, policies, activities, and 
objectives.  The salary of the executive director and staff 
shall be established pursuant to chapter 43A.  The executive 
director and staff shall be reimbursed for the actual and 
necessary expenses incurred as a result of 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 the offer 
by majority vote and upon such acceptance the chair shall 
receive such the funds subject to the terms of the offer, but.  
However, 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; COMMITTEES.] The council shall 
organize itself in conformity with its responsibilities under 
sections 256.481 to 256.482 and shall establish committees which 
shall give detailed attention to the special needs of each 
category of handicapped persons who have a disability.  The 
members of such the committees shall be designated by the chair 
with the approval of a majority of the council.  Committees 
established shall include a 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, human services, jobs and training, and human rights, 
and the divisions of vocational rehabilitation services 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 who 
have a disability 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 with a disability; 
    (3) to serve as a source of information to the public 
regarding all services, programs and legislation pertaining 
to handicapped persons with a disability; 
    (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 with a disability 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 who 
are disabled; 
    (6) to advise the departments of labor and industry and 
jobs and training on the administration and improvement of the 
workers' compensation law as the law it relates to programs, 
facilities and personnel providing assistance to workers who are 
injured and handicapped workers disabled; 
    (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; 
    (8) to initiate or seek to intervene as a party in any 
administrative proceeding and judicial review thereof to protect 
and advance the right of all persons who are disabled to an 
accessible physical environment as provided in section 16B.67; 
and 
    (9) to initiate or seek to intervene as a party in any 
administrative or judicial proceeding which concerns programs or 
services provided by public or private agencies or organizations 
and which directly affects the legal rights of persons with a 
disability. 
    Subd. 7.  [COLLECTION OF FEES.] The council is empowered 
to establish and collect fees for documents or technical 
services provided to the public.  The fees shall be set at a 
level to reimburse the council for the actual cost incurred in 
providing the document or service.  Notwithstanding the 
provisions of section 16A.72, all fees collected shall be 
deposited into the state treasury and credited to a separate 
dedicated account for council services.  All money in this 
dedicated account is appropriated by law to the council to 
provide documents and technical services to the public. 
    Sec. 7.  [APPROPRIATION.] 
    $10,000 for the biennium is appropriated from the account 
of the council on disability for the purpose of this act. 
    Sec. 8.  [INSTRUCTION TO REVISOR.] 
    The revisor of statutes is directed to change the words 
"council for the handicapped" or "state council for the 
handicapped" wherever they appear in Minnesota Statutes to 
"council on disability" in the next edition of Minnesota 
Statutes. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Section 6 is effective the day following final enactment. 
    Approved June 2, 1987