2000 Minnesota Statutes

CHAPTER 256C. Handicapped persons

     256C.01 Position of the state with regard to the blind 
  and handicapped.  

    The state of Minnesota shall encourage and enable the 
 blind, the visually handicapped, and the otherwise physically 
 disabled to participate fully in the social and economic life of 
 the state and to engage in remunerative employment.  The blind, 
 the visually handicapped, and the otherwise physically disabled 
 shall be employed by the state, its political subdivisions, the 
 public schools, and in all other employment supported in whole 
 or in part by public funds on the same terms and conditions as 
 the able-bodied, unless it is shown that the particular 
 disability prevents the performance of the work involved.  

    HIST: 1969 c 900 s 1; 1971 c 70 s 3 

     256C.02 Public accommodations. 

    The blind, the visually handicapped, and the otherwise 
 physically disabled have the same right as the able-bodied to 
 the full and free use of the streets, highways, sidewalks, 
 walkways, public buildings, public facilities, and other public 
 places; and are entitled to full and equal accommodations, 
 advantages, facilities, and privileges of all common carriers, 
 airplanes, motor vehicles, railroad trains, motor buses, boats, 
 or any other public conveyances or modes of transportation, 
 hotels, lodging places, places of public accommodation, 
 amusement, or resort, and other places to which the general 
 public is invited, subject only to the conditions and 
 limitations established by law and applicable alike to all 
 persons. 

    Every totally or partially blind, physically handicapped, 
 or deaf person or any person training a dog to be a service dog 
 shall have the right to be accompanied by a service dog in any 
 of the places listed in section 363.03, subdivision 10.  The 
 person shall be liable for any damage done to the premises or 
 facilities by such dog.  The service dog must be capable of 
 being properly identified as from a recognized school for seeing 
 eye, hearing ear, service, or guide dogs. 

    HIST: 1969 c 900 s 2; 1977 c 247 s 1; 1984 c 655 art 1 s 42; 
 1986 c 444; 1987 c 141 s 1; 1989 c 108 s 1 

     256C.025 Housing accommodations. 

    Subdivision 1.  Blind persons, visually handicapped 
 persons, and other physically disabled persons shall be entitled 
 to full and equal access, as other members of the general 
 public, to all housing accommodations offered for rent, lease, 
 or compensation, subject to the conditions and limitations 
 established by law and applicable alike to all persons. 

    Subd. 2.  "Housing accommodations" means any real property, 
 or portion thereof, which is used or occupied or is intended, 
 arranged, or designed to be used or occupied, as the home, 
 residence or sleeping place of one or more human beings, but 
 shall not include any single family residence the occupants of 
 which rent, lease, or furnish for compensation not more than one 
 room therein. 

    Subd. 3.  Nothing in this section shall require any person 
 renting, leasing, or providing for compensation real property to 
 modify the property in any way or provide a higher degree of 
 care for a blind person, visually handicapped person, or other 
 physically disabled person than for a person who is not 
 physically disabled. 

    Subd. 4.  Every totally or partially blind, physically 
 handicapped, or deaf person who has a service dog, or who 
 obtains a service dog, shall be entitled to full and equal 
 access to all housing accommodations provided for in this 
 section, and shall not be required to pay extra compensation for 
 such service dog but shall be liable for any damage done to the 
 premises by such service dog. 

    HIST: 1971 c 70 s 1; 1977 c 247 s 2; 1986 c 444; 1988 c 637 s 
 1 

     256C.03 Blind or deaf pedestrians; civil liability. 

    The driver of a vehicle approaching a totally or partially 
 blind pedestrian who is carrying a cane predominantly white or 
 metallic in color, with or without a red tip, or using a service 
 dog, or totally or partially deaf person with a service dog 
 identified with a burnt orange collar or leash, shall bring such 
 vehicle to a stop and give the right-of-way at any intersection 
 of any street, avenue, alley, or other public highway to such 
 blind or deaf pedestrian. 

    HIST: 1969 c 900 s 3; 1971 c 70 s 4; 1977 c 247 s 3; 1988 c 
 637 s 2 

     256C.04 Proclamation by governor.  

    Each year, the governor may take suitable public notice of 
 October 15 as white cane safety day and may issue a proclamation 
 in which the governor: 

    (1)  comments upon the significance of the white cane, 

    (2)  calls upon the citizens of the state to observe the 
 provisions of the White Cane Law and to take precautions 
 necessary to the safety of the disabled, 

    (3)  reminds the citizens of the state of the policies with 
 respect to the disabled herein declared and urges the citizens 
 to cooperate in giving effect to them, and 

    (4)  emphasizes the need of the citizens to be aware of the 
 presence of disabled persons in the community and to keep safe 
 and functional for the disabled the streets, highways, 
 sidewalks, walkways, public buildings, public facilities, other 
 public places, places of public accommodation, amusement and 
 resort, and other places to which the public is invited, and to 
 offer assistance to disabled persons upon appropriate occasions. 

    HIST: 1969 c 900 s 4; 1986 c 444 

     256C.05 Criminal penalty.  

    Any person, or the agent of any person, firm, or 
 corporation who denies or interferes with admittance to or 
 enjoyment of the public facilities enumerated in section 256C.02 
 or housing accommodations contrary to section 256C.025, or 
 otherwise interferes with the rights of a totally or partially 
 blind or otherwise disabled person under section 256C.02 shall 
 be guilty of a misdemeanor.  

    HIST: 1969 c 900 s 5; 1971 c 70 s 5 

     256C.06 Citation.  

    Sections 256C.01 to 256C.06 shall be known and may be cited 
 the "Minnesota White Cane Law."  

    HIST: 1969 c 900 s 6; 1971 c 70 s 6 

     256C.21 Deaf and Hard-of-Hearing Services Act; citation. 

    Sections 256C.21 to 256C.26 may be cited as the "Deaf and 
 Hard-of-Hearing Services Act."  

    HIST: 1980 c 574 s 1; 1993 c 306 s 7; 1999 c 159 s 54 

  256C.22 Repealed, 1996 c 392 s 7 

     256C.23 Definitions. 

    Subdivision 1.  For the purposes of sections 256C.21 to 
 256C.26, 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. Repealed by amendment, 1996 c 392 s 1 

    Subd. 5. Repealed by amendment, 1996 c 392 s 1 

    HIST: 1980 c 574 s 3; 1993 c 306 s 9-11; 1996 c 392 s 1; 1999 
 c 159 s 55 

     256C.233 Duties of state agencies. 

    Subdivision 1.    Deaf and hard-of-hearing division.  
 The commissioners of human services, children, families, and 
 learning, economic security, and health 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 interpreting 
 or 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. 

    HIST: 1996 c 392 s 2; 1999 c 149 s 2,3 

     256C.24 Regional service centers. 

    Subdivision 1.    Location.  The 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.  

    Subd. 2.    Responsibilities.  Each regional service 
 center shall:  

    (a) serve as a central entry point for deaf, deaf-blind, 
 and hard-of-hearing persons in need of 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 services; 

    (d) implement a plan to provide loaned equipment and 
 resource materials to deaf, deaf-blind, and hard-of-hearing 
 persons; 

    (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 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.  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. 

    HIST: 1980 c 574 s 4; 1984 c 654 art 5 s 58; 1Sp1985 c 14 art 
 9 s 24; 1986 c 444; 1987 c 302 s 1,2; 1991 c 292 art 3 s 8; 1993 
 c 306 s 12; 1995 c 190 s 14; 1996 c 392 s 3 

     256C.25 Interpreter services. 

    Subdivision 1.    Establishment.  The deaf and 
 hard-of-hearing services division shall maintain and coordinate 
 statewide interpreting or interpreter referral services for use 
 by any public or private agency or individual in the state.  The 
 division shall directly coordinate these services but may 
 contract with an appropriate agency to provide this service.  
 The 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. 

    Subd. 2.    Duties.  Interpreting or interpreter 
 referral services must include:  

    (a) statewide access to interpreter referral and direct 
 interpreting services, coordinated with the regional service 
 centers; 

    (b) maintenance of a statewide directory of qualified 
 interpreters; 

    (c) assessment of the present and projected supply and 
 demand for interpreter services statewide; and 

    (d) coordination with the regional service centers on 
 projects to train interpreters and advocate for and evaluate 
 interpreter services. 

    HIST: 1980 c 574 s 5; 1Sp1985 c 14 art 9 s 25; 1987 c 302 s 
 3,4; 1991 c 292 art 3 s 9; 1993 c 306 s 13; 1996 c 392 s 4; 1999 
 c 149 s 4 

     256C.26 Employment services. 

    The commissioner of economic security shall 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. 

    HIST: 1980 c 574 s 6; 1Sp1985 c 14 art 9 s 26; 1987 c 403 art 
 2 s 102; 1993 c 306 s 14; 1994 c 483 s 1; 1996 c 392 s 5 

  256C.27 Repealed, 1996 c 392 s 7 

     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 governor for a three-year term and shall serve no more than 
 two consecutive terms.  The commission shall 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) 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, 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 deaf and hard-of-hearing services division.  
 The executive director may employ and direct staff necessary to 
 carry out commission mandates, policies, activities, and 
 objectives. 

    Subd. 5.    Powers.  The commission may contract in its 
 own name.  Contracts must be approved by a majority of the 
 members of the commission and executed by the chair and the 
 executive director.  The commission may apply for, receive, and 
 expend in its own name grants and gifts of money consistent with 
 the powers and duties specified in this section. 

    Subd. 6.    Report.  The commission may prepare and 
 distribute periodic reports to the state agency commissioners, 
 the governor, and the legislature concerning the activities of 
 the commission and the needs and concerns of deaf, deaf-blind, 
 and hard-of-hearing Minnesotans.  

    HIST: 1Sp1985 c 14 art 9 s 27; 1987 c 302 s 5,6; 1988 c 629 s 
 56; 1989 c 282 art 2 s 122-125; 1992 c 513 art 9 s 30,31; 1993 c 
 306 s 16; 1994 c 483 s 1; 1Sp1995 c 3 art 16 s 13; 1996 c 392 s 
 6 

*   NOTE:  The commission serving deaf and hard-of-hearing 
*people expires June 30, 2001.  Section 15.059, subdivision 5a.

     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 
 168.011, subdivision 9, shall provide, in public areas in the 
 terminal, public pay telephones with telecommunications devices, 
 commonly known as "TDD's," that permit a communication-impaired 
 person to communicate with others by telephone.  The operator 
 shall place signs at strategic locations in and about the 
 terminal indicating where the telephones are available. 

    HIST: 1989 c 111 s 1