LB9700

LB9700 is a proposed bill before Legislature to establish a separate service agency for the blind in Nebraska.

Text of LB9700

Introduced by Crosby, 29.
Read first time January 00, 1997
Committee: Health and Human Services A BILL FOR AN ACT relating to blind persons. To amend section 72-1237.01, Revised Statutes Supplement, 1994; to adopt the Office for the Blind and Visually Impaired Act; to eliminate provisions relating to the Department of Public Institutions; to harmonize a provision; to provide an operative date; to repeal the original section; to outright repeal sections 83-210.02 to 83-211 and 83-212, Reissue Revised Statutes of Nebraska, and sections 83-210.01 and 83-211.02, Revised Statutes Supplement, 1995; and to declare an emergency. Be it enacted by the people of the state of Nebraska: Section 1.

Sections 1 to 13 of this act shall be known and may be cited as the Office for the Blind and Visually Impaired Act.

Section 2.

The purpose of the Office for the Blind and Visually Impaired Act is to assist blind persons to gain remunerative employment, to enlarge economic opportunities for blind persons, to increase the available occupational range and diversity for blind persons, to stimulate other efforts to assist blind persons in becoming self-supporting, and to authorize cooperation with the federal government in administration of the vending stand program for the blind on federal property and by authorizing the Office to establish, maintain, and operate a vending stand program for the blind at the state level.

Section 3.

For purposes of the Office for the Blind and Visually Impaired Act:
(1) For purposes of licensing as a blind vendor, Blind person means a person having
(a) No greater than 20/200 central visual acuity in the better eye after correction;

(b) An equally disabling loss of the visual field in which the widest diameter of the visual field subtends an angle no greater than 20 degrees; or, for other services, having

(c) Sight which is so defective as to seriously limit his or her ability to engage in the ordinary vocations and activities of life;

(2) Office means the Office for the Blind and Visually Impaired;

(3) Federal property means any building or land owned, leased, or occupied by any department or agency of the federal government or as otherwise provided for in the federal Randolph-Sheppard Act, 20 U.S.C. 107 et set.; and

(4) Vending stand means:
(a) Such shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment as are necessary for the vending of such articles as may be approved by the Office, agency, or person having control of the property on which the stand is located; and

(b) Manual or coin-operated machines or similar devices for vending for such articles as may be approved by the Office, agency, or person having control of the property on which the stand is located.

Section 4.

(1) The Office for the Blind and Visually Impaired is created. The Office Board shall consist of five members appointed by the Governor with the approval of a majority of the members of the Legislature. All members shall have background or experience in issues related to blindness. No member of the Office Board nor their immediate family shall be a current employee or client of the Office nor be associated with any other blindness related service provider in the State of Nebraska. At least three members of the Board shall be blind. Members of the Office Board shall be appointed for staggered terms with the initial members being appointed for terms as follows: two terms ending on December 31, 1999; two terms ending on December 31, 2001; one term ending on December 31, 2003. Subsequent appointments shall be made for terms of six years. In the case of a vacancy, a successor shall be appointed by the Governor for the unexpired term. Members shall serve at the pleasure of the Governor and may be removed for cause. (2) A majority of the members of the Office Board constitutes a quorum for the transaction of business. The Office Board shall annually elect a chairperson from its membership. (3) Members of the Office Board shall receive a per diem of seventy dollars for each day spent in the performance of their official duties and shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as provided in sections 81-1174 to 81-1177. Aside from the provisions of this subsection, a member shall not receive other compensation, perquisites, or allowances for the performance of official duties.

Section 5.

The Office for the Blind and Visually Impaired shall:
(1) Apply for, receive, and administer money from any state or federal agency to be used for purposes relating to blindness, including federal funds relating to vocational rehabilitation of blind persons;

(2) Receive on behalf of the state any gifts, donations, or bequests from any source to be used in carrying out the purposes of the Office for the Blind and Visually Impaired Act;

(3) Promote self-support of blind persons through various means, including but not limited to: maintaining employment databases; providing placement and career development services and prevocational training; supporting integration with and access to community-based educational and vocational training opportunities; implementing employer outreach and cultivation; developing in-service community-based recruitment and networking resources; facilitating small business incubation; and developing recommendations for state contract preferences;

(4) Provide itinerant training of alternative skills of blindness including but not limited to Braille, the long white cane for independent travel, adaptive technology and lifestyle maintenance.

(5) Establish, equip, and maintain a residential training center with qualified instructors for comprehensive prevocational training of eligible blind persons. The center shall also provide comprehensive independent living training, and orientation and adjustment counseling for blind persons;

(6) Administer and operate vending stand programs in the state, in its capacity as the designated licensing agency pursuant to the Federal Randolph-Sheppard Act, 20 U.S.C. 107 et set., for the benefit of blind persons; and

(7) Perform other duties the Office deems necessary to fulfill the purposes of the act.

Section 6.

The Office Board shall employ a director who is the administrative officer of the Office. The director shall employ such persons as are necessary for the efficient operation of the Office. The director and all employees of the Office are included within the State Personnel System.

Section 7.

(1) For a blind person to qualify for blindness related services with the Office for the Blind and Visually Impaired, he or she shall (be found to be a person whose sight is so defective as seriously to limit their ability to engage in the ordinary vocations and activities of life). (Such person may) obtain an eye examination from a licensed ophthalmologist or optometrist of their choice or may provide other evidence of visual impairment that the Office determines to be adequate. Persons who are not blind may also qualify for blindness related services if they have been certified by a licensed ophthalmologist or optometrist as experiencing a deteriorating condition which is expected to result in blindness.
(2) The Office shall establish the procedure to be followed for obtaining evidence to verify that a person is a blind person as defined in subdivision (1) of section 3 of this act and maintain a list of all ophthalmologists and optometrists currently licensed in Nebraska.
(3) When an examination is required, a person seeking to qualify for services under the act may choose any licensed ophthalmologist or optometrist to conduct the examination and the cost shall be paid by the Office pursuant to its rules and regulations. The Office may assist any person seeking to qualify for services under this act in arranging an eye examination or obtaining other evidence pursuant to this section.

Section 8.

The Office shall provide an opportunity for a fair hearing to any person applying for or receiving services who is dissatisfied with any action or failure to act arising from the operation or administration of any service or program authorized under the Office for the Blind and Visually Impaired Act.

Section 9.

The Office shall adopt rules and regulations as necessary to implement the purposes of the Office for the Blind and Visually Impaired Act.

Section 10.

The Office shall file an annual report with the Governor and the Clerk of the Legislature, prior to each regular session of the Legislature, which details the activities and expenditures of the Office and shall include separately information related to the activities and expenditures of the vending stand program as well as estimates of anticipated expenditures and anticipated revenue available to the vending stand program from all sources.

Section 11.

The Office for the Blind and Visually Impaired Vending Stand Cash Fund is created. Any money in the Small Business Enterprises Cash Fund on the operative date of this act shall be transferred to the Office for the Blind and Visually Impaired Vending Stand Cash Fund on such date. The fund shall be used to operate and administer the vending stand program pursuant to the Office for the Blind and visually Impaired Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Section 12.

(1) All property, equipment, supplies, and personnel which belonged to, were allocated to, or were used to support the Director of Rehabilitation Services for the Visually Impaired within the Department of Public Institutions prior to the operative date of this act are transferred to the Office for the Blind and Visually Impaired.
(2) All existing contracts and agreements in effect on the operative date of this act as to the Director of Rehabilitation Services for the Visually Impaired within the Department of Public Institutions shall be binding and effective upon the Office for the Blind and Visually Impaired.

Section 13.

Section 72-1237.01, Revised Statutes Supplement, 1994, is amended to read: 72-1237-01. As used in the Nebraska State Funds Investment Act, this act shall mean and refer to sections 1-111, 2-115, 2-1503.01, 2-1547, 2-1808, 2-2317, 3-126, 8-1120, 24-704, 35-601, 37-206, 37-428, 39-1323.01, 39-1390, 44-116, 44-707.03, 45-127, 45-603, 48-617, 48-620, 48-621, 54-112, 54-147, 54-150, 54-1173, 55-131, 57-919, 60-1409, 66-499, 68-301, 68-612, 70-1020, 71- 1,147.02, 71-1,206.13, 71-222.02, 71-1336, 71-2016, 71-2201, 72-202, 72-1005, 12-1237 to 72-1260, 79-1247.07, 79-1345, 79-1501 to 79-1503.01, 79-1545, 79-1556, 79-1557, 79-2107, 79-3812, 80-111, 80-301, 80-401, 81-528, 81-815.30, 81-845, 81-8,107, 81-912, 81-1117, 81-1120.02, 81-1278, 81-2019, 81-2022, 82-108.02, 83-150, 83-169, 83-210.01, 84-1301, 84-1305, 84-1308, 84-1309, 85-106, 85-113, 85-122, 85-123.01, 85-168, 85-170, 85-192, 85-320, 85-403, and 85-606.01.

Section 14.

This act becomes effective on July 1, 1997.

Section 15.

Original section 72-1237.01, Revised Statutes Supplement, 1994, is repealed.

Section 16.

The following sections are outright repealed: Sections 83-210.02 to 83-211 and 83-212, Reissue Revised Statutes of Nebraska, and sections 83-210.01 and 83-211.02, Revised Statutes Supplement, 1995.

Section 17.

Since an emergency exists, this act takes effect when passed and approved according to law.