Minnesota LegislatureOffice of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 392-H.F.No. 2127
An act relating to human services; amending Minnesota
Statutes 1994, sections 256C.23; 256C.24, as amended;
256C.25, subdivision 1; 256C.26; and 256C.28, as
amended; proposing coding for new law in Minnesota
Statutes, chapter 256C; repealing Minnesota Statutes
1994, sections 256C.22; and 256C.27.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 256C.23, is
amended to read:
256C.23 [DEFINITIONS.]
Subdivision 1. For the purposes of sections 256C.21 to
256C.27 the terms defined in this section shall have the
meanings given them, unless the context clearly indicates
otherwise.
Subd. 2. "Deaf" means a hearing loss of such severity that
the individual must depend primarily on visual communication
such as writing, lip reading, manual communication, and gestures.
Subd. 2a. "Hard-of-hearing" means a hearing loss resulting
in a functional loss of hearing, but not to the extent that the
individual must depend primarily upon visual communication.
Subd. 2b. "Deaf-blind" means any combination of vision and
hearing loss which interferes with acquiring information from
the environment to the extent that compensatory strategies and
skills are necessary to access that or other information.
Subd. 3. "Regional service center" means a facility
designed to provide an entry point for deaf, deaf-blind, and
hard-of-hearing persons of that region in need of education,
employment, social, human, or other services.
Subd. 4. "Human services" means correctional, educational,
occupational, health, mental health, financial and social
services.
Subd. 5. "Human services agency" means a state, regional
or local agency that provides human services.
Sec. 2. [256C.233] [DUTIES OF STATE AGENCIES.]
Subdivision 1. [DEAF AND HARD-OF-HEARING DIVISION.] The
commissioners of human services, children, families, and
learning, and economic security shall create a distinct and
separate organizational unit to be known as the deaf and
hard-of-hearing services division to address the developmental,
social, educational, and occupational needs of deaf, deaf-blind,
and hard-of-hearing persons through a statewide network of
collaborative services and by coordinating the promulgation of
public policies, regulations, legislation, and programs
affecting deaf, deaf-blind, and hard-of-hearing persons. An
interdepartmental management team shall supervise the activities
of the deaf and hard-of-hearing services division. The
commissioner of human services shall coordinate the work of the
interagency management team and receive legislative
appropriations for the division.
Subd. 2. [RESPONSIBILITIES.] The deaf and hard-of-hearing
services division shall:
(1) establish and maintain a statewide network of regional
service centers for deaf, deaf-blind, and hard-of-hearing
Minnesotans;
(2) assist the departments of human services, children,
families, and learning, and economic security to coordinate the
promulgation and implementation of public policies, regulations,
legislation, programs, and services affecting deaf, deaf-blind,
and hard-of-hearing persons; and
(3) provide a coordinated system of statewide interpreter
referral services.
Subd. 3. [HEALTH.] The commissioner of health shall
establish standards for screening for hearing loss with special
emphasis on screening of persons from birth through school age
and persons over age 65.
Subd. 4. [STATE COMMISSIONERS.] The commissioners of all
state agencies shall consult with the deaf and hard-of-hearing
services division concerning the promulgation of public
policies, regulations, and programs necessary to address the
needs of deaf, deaf-blind, and hard-of-hearing Minnesotans.
Each state agency shall consult with the deaf and
hard-of-hearing services division concerning the need to forward
legislative initiatives to the governor to address the concerns
of deaf, deaf-blind, and hard-of-hearing Minnesotans.
Sec. 3. Minnesota Statutes 1994, section 256C.24, as
amended by Laws 1995, chapter 190, section 14, is amended to
read:
256C.24 [REGIONAL SERVICE CENTERS.]
Subdivision 1. [LOCATION.] The commissioner of human deaf
and hard-of-hearing services division shall establish up to
eight regional service centers for deaf and hard-of-hearing
persons. The centers shall be distributed regionally to provide
access for deaf, deaf-blind, and hard-of-hearing persons in all
parts of the state. The center shall maintain a current
registry of those persons having or suspected of having a
hearing loss who live in that region. A special task of the
registry is to assure that referrals and follow-up services are
completed with respect to persons in the register.
Subd. 2. [RESPONSIBILITIES.] The Each regional service
center shall:
(a) serve as the a central entry point for deaf,
deaf-blind, and hard-of-hearing persons in need of human
services and make referrals to the services needed;
(b) employ staff trained to work with deaf, deaf-blind, and
hard-of-hearing persons;
(c) provide to all deaf, deaf-blind, and hard-of-hearing
persons access to interpreter services which are necessary to
help them obtain human services;
(d) implement a plan to provide loan loaned equipment and
resource materials to deaf, deaf-blind, and hard-of-hearing
persons; and
(e) cooperate with responsible departments and
administrative authorities to provide access for deaf,
deaf-blind, and hard-of-hearing persons to services provided by
state, county, and regional agencies.;
(f) collaborate with the resource center for the deaf and
hard-of-hearing persons, other divisions of the department of
children, families, and learning, and local school districts to
develop and deliver programs and services for families with
deaf, deaf-blind, or hard-of-hearing children and to support
school personnel serving these children;
(g) when possible, provide training to the social service
or income maintenance staff employed by counties or by
organizations with whom counties contract for services to ensure
that communication barriers which prevent deaf, deaf-blind, and
hard-of-hearing persons from using services are removed;
(h) when possible, provide training to state and regional
human service agencies regarding program access for deaf,
deaf-blind, and hard-of-hearing persons; and
(i) assess the ongoing need and supply of services for
deaf, deaf-blind, and hard-of-hearing persons in all parts of
the state and cooperate with public and private service
providers to develop these services.
Subd. 3. [ADVISORY COMMITTEE.] The commissioner of human
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, deaf-blind, and hard-of-hearing, persons who are
communication-impaired, parents of children who are deaf and
hard-of-hearing, parents of communication-impaired children, 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 deaf-blind or hard-of-
hearing or communication-impaired. Committee members shall
serve for a three-year term and shall serve no more than two
consecutive terms. The commissioner of human services Each
advisory committee shall designate one member as elect a chair.
The commissioner of human director of the deaf and
hard-of-hearing services division shall assign staff to serve as
ex officio 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. 4. Minnesota Statutes 1994, section 256C.25,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The commissioner of human
deaf and hard-of-hearing services division shall maintain and
coordinate statewide interpreter referral services for use by
any public or private agency or individual in the state. Within
the seven-county metro area, the commissioner division shall
contract for these services; outside the metro area,
the commissioner division shall directly coordinate these
services but may contract with an appropriate agency to provide
this service. The commissioner division may collect a $3 fee
per referral for interpreter referral services and the actual
costs of interpreter services provided by department staff.
Fees and payments collected shall be deposited in the general
fund. The $3 referral fee shall not be collected from state
agencies or local units of government or deaf or hard-of-hearing
consumers or interpreters.
Sec. 5. Minnesota Statutes 1994, section 256C.26, is
amended to read:
256C.26 [EMPLOYMENT SERVICES.]
The commissioner of economic security shall develop a plan
to deal with the underemployment of deaf and hard of hearing
persons. The plan shall provide for training regarding the
nature of hearing handicaps for department staff who consult
with prospective employers or who provide job placement services
work with the deaf and hard-of-hearing services division to
develop and implement a plan to deal with the underemployment of
deaf, deaf-blind, and hard-of-hearing persons.
Sec. 6. Minnesota Statutes 1994, section 256C.28, as
amended by Laws 1995, First Special Session chapter 3, article
16, section 13, is amended to read:
256C.28 [COMMISSION SERVING DEAF AND HARD-OF-HEARING
PEOPLE.]
Subdivision 1. [MEMBERSHIP.] The Minnesota commission
serving deaf and hard-of-hearing people consists of seven
members appointed at large and one member from each advisory
committee established under section 256C.24, subdivision 3. At
least 50 percent of the members must be deaf or deaf-blind or
hard of hearing. Members shall include persons who are deaf,
deaf-blind, and hard of hearing, parents of children who are
deaf, deaf-blind, and hard of hearing, and representatives of
county and regional human services, including representatives of
private service providers. Commission members are appointed by
the commissioner of human services governor for a three-year
term and shall serve no more than two consecutive terms.
The commissioner of human services commission shall appoint
select one member as chair.
Subd. 2. [REMOVAL; VACANCIES.] The compensation, removal
of members, and filling of vacancies on the commission are as
provided in section 15.0575.
Subd. 3. [MISSION.] The commission shall serve as the
principal agency of the state to advocate on behalf of deaf,
deaf-blind, and hard-of-hearing Minnesotans by working to ensure
those persons have equal access to the services, programs, and
opportunities available to others.
Subd. 3a. [DUTIES.] The commission shall:
(1) advise the governor, the legislature, and the
commissioners of the departments of human services, children,
families, and learning, economic security, and health on the
nature of the issues and disabilities confronting deaf and hard
of hearing persons in Minnesota assist deaf, deaf-blind, and
hard-of-hearing persons and parents of deaf, deaf-blind, and
hard-of-hearing students in advocating for equal access to
services, programs, and opportunities;
(2) advise the governor, the legislature, and the
commissioners of the departments of human services, children,
families, and learning, economic security, and health on the
development of policies, programs, and services affecting deaf,
deaf-blind, and hard-of-hearing persons, and on the use of
appropriate federal and state money;
(3) create a public awareness of the special needs and
potential of deaf, deaf-blind, and hard-of-hearing persons;
(4) provide the governor, the legislature, and the
commissioners of the departments of human services, children,
families, and learning, economic security, and health with a
review of ongoing services, programs, and proposed legislation
affecting deaf, deaf-blind, and hard-of-hearing persons;
(5) advise the governor, the legislature, and the
commissioners of the departments of human services, children,
families, and learning, economic security, and health on
statutes or, rules, and policies necessary to ensure that deaf,
deaf-blind, and hard-of-hearing persons have equal access to
benefits and services provided to individuals in Minnesota;
(6) recommend to the governor, the legislature, and the
commissioners of the departments of human services, children,
families, and learning, economic security, and health
legislation designed to improve the economic and social
conditions of deaf, deaf-blind, and hard-of-hearing persons in
Minnesota;
(7) propose solutions to problems of deaf, deaf-blind, and
hard-of-hearing persons in the areas of education, employment,
human rights, human services, health, housing, and other related
programs;
(8) recommend to the governor and the legislature any
needed revisions in the state's affirmative action program and
any other steps necessary to eliminate the underemployment or
unemployment of deaf, deaf-blind, and hard-of-hearing persons in
the state's work force;
(9) work with other state and federal agencies and
organizations to promote economic development for deaf,
deaf-blind, and hard-of-hearing Minnesotans; and
(10) coordinate its efforts with other state and local
agencies serving deaf, deaf-blind, and hard-of-hearing persons.
Subd. 4. [STAFF.] The commission may appoint, subject to
the approval of the governor, an executive director who must be
experienced in administrative activities and familiar with the
problems and needs of deaf, deaf-blind, and hard-of-hearing
persons. The commission may delegate to the executive director
any powers and duties under this section that do not require
commission approval. The executive director serves in the
unclassified service and may be removed at any time by a
majority vote of the commission. The executive director shall
coordinate the provision of necessary support services to the
commission with the state department of human services deaf and
hard-of-hearing services division. The executive director may
employ and direct staff necessary to carry out commission
mandates, policies, activities, and objectives.
Subd. 5. [POWERS.] The commission may contract in its own
name. Contracts must be approved by a majority of the members
of the commission and executed by the chair and the executive
director. The commission may apply for, receive, and expend in
its own name grants and gifts of money consistent with the
powers and duties specified in this section.
Subd. 6. [REPORT.] The commission shall may prepare and
distribute a report to the commissioner, the governor, and the
legislature by December 31 of each even-numbered year periodic
reports to the state agency commissioners, the governor, and the
legislature concerning the activities of the commission and the
needs and concerns of deaf, deaf-blind, and hard-of-hearing
Minnesotans. The report must summarize the activities of the
commission since its prior report, list receipts and
expenditures, identify the major problems and issues confronting
deaf and hard of hearing persons, make recommendations regarding
needed policy and program development on behalf of deaf and hard
of hearing individuals in Minnesota, and list the specific
objectives the commission seeks to attain during the next
biennium.
Sec. 7. [REPEALER.]
Minnesota Statutes 1994, sections 256C.22 and 256C.27, are
repealed.
Presented to the governor March 26, 1996
Signed by the governor March 28, 1996, 10:08 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes