HLS 10RS-1315 ENGROSSED
Page 1 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1198
BY REPRESENTATIVE KATZ
SOCIAL SERVICES DEPT: Provides for the transfer of functions of La. Rehabilitation
Services from the Dept. of Social Services to the La. Workforce Commission and the
Dept. of Health and Hospitals
AN ACT1
To amend and reenact R.S. 17:1518.1(J) and 1519.5(C), R.S. 23:1(A) and 17(A), R.S.2
28:821(C) and 824(I), (J)(1)(b), (K), and (L), R.S. 36:258(F), 301(B), 308(B), and3
471(B), R.S. 38:2261(C) and (D), R.S. 39:1554(D)(1)(d) and 1595.4(B), (C), and4
(D), R.S. 40:1300.14(B)(13), R.S. 46:51(2) and (10), 2116.1(1), (2), and (4),5
2116.2(A), 2351(A)(introductory paragraph), 2353, 2632(2), 2633(C) and (E),6
2634(A) and (B)(1), and 2635(B), R.S. 47:305.15(A) and 360(A), R.S. 48:307(B)(2)7
and (3), to enact R.S. 23:1(B)(6) and Chapter 15 of Title 23 of the Louisiana Revised8
Statutes of 1950, to be comprised of R.S. 23:3001 through 3061, R.S. 36:259(K) and9
(N), and 309(E), and to repeal R.S. 36:474(F) and 478(C), (D), (E), (G), (I), and (J),10
Subparts B and C of Part III of Chapter 3 of Title 46 of the Louisiana Revised11
Statutes of 1950, comprised of R.S. 46:331 through 373, Chapter 26 of Title 46 of12
the Louisiana Revised Statutes of 1950, comprised of R.S. 46:2101 through 2106,13
and Chapter 50 of Title 46 of the Louisiana Revised Statutes of 1950, comprised of14
R.S. 46:2651 through 2655, relative to the office of Louisiana Rehabilitation15
Services within the Department of Social Services; to provide for the transfer of16
such functions from the Department of Social Services to the Department of Health17
and Hospitals and the Louisiana Workforce Commission; and to provide for related18
matters.19 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 2 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 17:1518.1(J) and 1519.5(C) are hereby amended and reenacted to2
read as follows:3
§1518.1. Huey P. Long Medical Center; merger with Louisiana State University4
Health Sciences Center at Shreveport5
* * *6
J. Notwithstanding any other law to the contrary, the health sciences center7
shall in all cases give preference to blind persons individuals who are blind, under8
the administration of the Department of Social Services Louisiana Workforce9
Commission, and shall with the Department of Social Services jointly work work10
jointly with the Louisiana Workforce Commission to ensure proper operation of11
vending stands, vending machines, and other small business concessions which are12
currently in operation on the premises and shall give priority to similar concessions13
in the future in accordance with R.S. 46:333 23:3023. No other vending stands,14
vending machines, or small business concessions shall be operated on the same15
premises with vending stands, vending machines, or other small business16
concessions operated under the provisions of this Subsection. No blind person17
individual who is blind shall be required to pay any fee, service charge, or equivalent18
thereof in the operation of a vending stand, vending machines, or other small19
business concessions in hospitals or the premises transferred pursuant to this Section,20
nor shall a blind person an individual who is blind be disturbed in the security of the21
operation of the vending stand, vending machine, or small business concession in22
any way, without reasonable or just cause. The provisions of this Subsection shall23
not prevent the health sciences center from permitting the operation of gift shops or24
similar concessions by voluntary organizations which contribute the proceeds to the25
hospital or which spend the proceeds on behalf of the hospital.26
* * *27 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 3 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1519.5. Powers of board1
* * *2
C. The board shall be subject to the laws relating to state procurement3
systems for supplies, equipment, and services and for professional, personal,4
consulting, or social services as stated in R.S. 39:1551 et seq. Furthermore, in5
accordance with R.S. 46:333 23:3023(A), the division shall in all cases give6
preference to blind persons individuals who are blind, under the administration of the7
Department of Social Services Louisiana Workforce Commission, in the operation8
of vending stands, vending machines, and small concessions. No other vending9
stands, vending machines, or small concessions shall be operated on the same10
premises, nor shall any blind vendor be required to pay any fee, service charge, or11
equivalent thereof for the operation of a vending stand, vending machine, or other12
small concession.13
* * *14
Section 2. R.S. 23:1(A) and 17(A) are hereby amended and reenacted and R.S.15
23:1(B)(6) and Chapter 15 of Title 23 of the Louisiana Revised Statutes of 1950, comprised16
of R.S. 23:3001 through 3061, are hereby enacted to read as follows:17
§1. Louisiana Workforce Commission established; purpose; definitions18
A. The Louisiana Workforce Commission is hereby created and established19
to operate an integrated workforce development delivery system in this state, in20
particular through the integration of job training, employment and employment-21
related educational education and training programs, vocational rehabilitation22
services, independent living services and blind services programs, and to administer23
the state's unemployment and workers' compensation programs. The duties of this24
commission shall be exercised and discharged under the supervision and direction25
of the executive director. He shall have charge of the administration and26
enforcement of all laws, rules, policies, and regulations, which it is the duty of the27
commission to administer and enforce, and shall direct all inspections and28
investigations, except as otherwise provided by law.29 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 4 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. The commission shall meet the needs of all of the following:1
* * *2
(6) Individuals with disabilities of this state for vocational rehabilitation,3
independent living services and blind services under the Rehabilitation Act and the4
Randolph-Sheppard Act.5
* * *6
§17. Integration of workforce development programs7
A. All job-training, employment, vocational rehabilitation services,8
independent living and blind services programs, and employment-related educational9
programs and functions, along with any federal, state, and local revenues that fund10
them, shall be integrated into the workforce development delivery system to the11
extent feasible, as determined by the executive director, under the authority of the12
commission through its office of workforce development, and all departments and13
agencies in which these programs are funded or operated shall cooperate with the14
commission to promptly effect this integration.15
* * *16
CHAPTER 15. LOUISIANA REHABILITATION SERVICES17
PART I. VOCATIONAL REHABILITATION PROGRAM18
§3001. Acceptance of federal act to promote vocational rehabilitation 19
The state of Louisiana accepts the provisions and benefits of the act of20
congress entitled "An act to provide for the promotion of vocational rehabilitation21
of persons disabled in industry or otherwise and their return to civil employment,"22
29 U.S.C.A. §701 et seq., and will observe and comply with all requirements of such23
act.24
§3002. Louisiana Workforce Commission as administrative agency25
The Louisiana Workforce Commission is the sole state agency designated to26
carry out the provisions and purposes of the Rehabilitation Act of 1973, P.L. 93-112,27
as amended.28 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 5 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§3003. State treasurer as custodian of federal funds 1
The state treasurer is designated and appointed custodian of all monies2
received by the state of Louisiana from appropriations made by the Congress of the3
United States for the vocational rehabilitation of persons disabled in industry or4
otherwise, and is authorized to receive and provide for the proper custody of the5
same and to make disbursement therefrom upon the approval of the legislature and6
the requisition of the Louisiana Workforce Commission.7
§3004. Donations; department's authority to receive 8
The Louisiana Workforce Commission may receive any donations, either9
from public or private sources offered unconditionally, or under such conditions10
related to the vocational rehabilitation of persons disabled in industry or otherwise11
as in the judgment of the department are proper and consistent with the provisions12
of this Part. All the monies received as donations shall be deposited in the state13
treasury and shall constitute a permanent fund to be called the special fund for the14
vocational rehabilitation of individuals with disabilities. A full report of all15
donations received and accepted, together with the names of the donor and the16
respective amounts contributed by each, and all disbursements therefrom shall be17
submitted annually to the governor by the Louisiana Workforce Commission.18
§3005. Fees for vocational work evaluation services performed by Louisiana19
Workforce Commission20
A.(1) The executive director of the Louisiana Workforce Commission shall21
promulgate rules and regulations for the assessment of fees for payment of costs of22
vocational work evaluation services performed by the Louisiana Workforce23
Commission regarding any handicapped individual who has insurance coverage for24
this purpose.25
(2) For purposes of this Section, "vocational work evaluation" means a26
comprehensive process utilizing medical, psychological, social, vocational,27
educational, cultural, and economic data to evaluate and assist in the vocational28
development of the individual.29 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 6 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. Any fee assessed and collected for these services shall be paid directly to1
the Louisiana Workforce Commission by the individual or by the insurance company2
or public or private organization or agency that requests the services, for disposition3
and use as provided by law.4
PART II. BLIND PERSONS5
SUBPART A. PREVENTION OF BLINDNESS AND VOCATIONAL TRAINING6
§3021. Prevention of blindness, vocational training, and rehabilitation 7
The Louisiana Workforce Commission may establish and administer an8
adequate system of conservation of sight and prevention of blindness, vocational9
training, and rehabilitation for the blind and may make the rules and regulations10
necessary for the efficient administration thereof.11
§3022. Powers of the Louisiana Workforce Commission12
The Louisiana Workforce Commission may:13
(1) Make and promulgate such rules and regulations as are necessary or14
desirable for carrying out the provisions of this Subpart and such rules and15
regulations shall be binding upon parishes or other local units and their agents and16
upon those private agencies and individuals who participate in the benefits of this17
Subpart.18
(2) Administer and supervise a statewide program for the conservation of19
sight and the prevention of blindness through lectures, posters, exhibits, and such20
other methods as is deemed necessary; act in close cooperation with other state21
departments and private agencies; encourage vision testing in schools and the early22
correction of eye defects where found; and establish sight-saving classes where23
needed.24
(3) Promote a system of economic security for the blind by administering25
and supervising a statewide program of vocational training and rehabilitation for the26
blind by providing the necessary facilities in private and public agencies.27 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 7 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4) Provide the necessary facilities, equipment, and initial stock, for the1
operation of vending stands and such other small business enterprises as may be2
found feasible for operation by individuals who are blind.3
(5) Assist other departments, agencies, and institutions of the state and4
federal government, when so requested, by performing services in conformity with5
the purposes of this Subpart.6
(6) Administer such federal, state, parish, municipal, or private funds as may7
be available for the prevention of blindness, vocational training, and rehabilitation8
for individuals who are blind.9
(7) Act as agent of the state to cooperate with the federal government in any10
matter relating to sight conservation and the welfare of individuals who are blind.11
§3023. Preference to individuals who are blind in operation of concessions in public12
buildings13
A. State agencies, boards, commissions, and institutions owning, maintaining,14
or controlling state property shall in all cases give preference to individuals who are15
blind, under the administration of the Louisiana Workforce Commission, in the16
operation of vending stands, vending machines, and other small business concessions17
to be operated on the premises. No other vending stands, vending machines, or small18
business concessions shall be operated on the same premises with vending stands,19
vending machines, or other small business concessions operated, or contemplated,20
under the provisions of this Section. No individual who is blind, under this Subpart,21
shall be required to pay any fee, service charge, or equivalent thereof upon the22
operation of a vending stand, vending machines, and other small business23
concessions in public buildings or premises, nor shall an individual who is blind be24
disturbed in the security of the operation of the vending stand, vending machine, and25
other small business concession in any way, without reasonable or just cause.26
B. The provisions of this Section shall not apply to state colleges and27
universities contracting for food services, vending operations, or other such services.28 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 8 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. The provisions of this Section shall not apply to state developmental1
centers within the Department of Health and Hospitals as provided by R.S.2
36:259(C)(13) through (22) which operate canteens, vending stands, vending3
machines, or other such vending services on the premises for clients and employees4
when such operations are provided directly by the institution.5
D. The provisions of this Section shall not apply to the New Orleans Home6
and Rehabilitation Center or the Villa Feliciana Medical Complex within the7
Department of Health and Hospitals, when operating canteens, vending stands,8
vending machines, or other such vending services on the premises for clients and9
employees when such operations are provided directly by the institution.10
E. The Louisiana Workforce Commission is hereby authorized to enter into11
contingency fee contracts for the identification, development, and generation of12
unassigned income from vending machines located on state, federal, and other13
property pursuant to the provisions of the Randolph-Sheppard Act. Any such14
contract shall be awarded pursuant to a request for proposals in accordance with15
Chapter 16 of Title 39 of the Louisiana Revised Statutes of 1950.16
§3024. Sheltered industries program for individuals who are blind17
The Louisiana Workforce Commission may administer an adequate sheltered18
industries program by supplying materials to individual workers and workshops and,19
when the individuals, workshops, and products meet the standards established by the20
department, assist in the sales of the finished products as follows:21
(1) Designate central gathering points where the products can be22
concentrated, and the Louisiana Workforce Commission shall keep itself informed23
of the number of manufactured products available at the gathering points with which24
any order by the state and its subdivisions may be filled in accordance with the25
provisions of this Subpart.26
(2) After consultation with the various departments of the state, fix standards27
of manufacture of and prices for the products and inform interested parties by28 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 9 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
circular letter to the end of encouraging individuals who are blind affected by this1
Subpart.2
§3025. Sale of products manufactured in sheltered industries program3
Whenever the state or a political subdivision of the state has occasion to4
purchase any product manufactured by individuals who are blind or utilize any5
service rendered by individuals who are blind, it shall communicate with the blind6
services program of the Louisiana Workforce Commission to ascertain whether such7
products or services are available. Such services may include but are not limited to8
piano tuning and repairing, cabinetmaking, or the acquiring for sale, distribution, and9
delivery of specialized items of equipment used by and provided to the blind. To the10
extent that these products or services are available, the state and its subdivisions may11
purchase them in the manner provided and at the prices fixed by the Louisiana12
Workforce Commission after consultation with the various departments of the state.13
SUBPART B. EXEMPTION FROM CERTAIN TAXES14
§3031. Definitions15
The term "any person who is blind" used in this Subpart, shall extend to any16
person, whomsoever, who is totally blind in both eyes, or to any person whomsoever,17
whose sight with the use of both eyes is so impaired as to make the sense of sight of18
no practical benefit or help in the pursuit of business, or in the course of earning a19
living.20
§3032. Exemption of persons who are blind from license, privilege, or vocational21
tax; limitation 22
A. Any person who is blind as defined in this Subpart may exercise the23
privileges of peddler, news dealer, or lunch counter operator, or may exercise the24
right to trade, traffic, or sell any merchandise, whether on foot, by vehicle, or in25
stores, when the stock of goods on hand, or the equipment or capital stock of the26
enterprises, never exceeds the sum of two thousand dollars. These privileges may27
be exercised in any of the parishes of the state, including incorporated towns and28
cities, without the payment of any license, privilege, or vocational tax, which is29 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 10 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
presently or may be hereafter imposed by law, by the state, or any parish or1
municipality.2
B. The privileges granted by this Section shall not extend to dealing in the3
sale, trade, or traffic of deadly weapons, to the operation of Jenny Linds, pool tables,4
or other like contrivances for amusement; or to the operation of any business, or the5
sale, trade, or traffic of any article presently prohibited, or which may be hereafter6
prohibited by law.7
§3033. Exemptions; when applicable 8
The exemption provided by this Subpart shall apply only where the business9
is conducted by any person who is blind exclusively for his own support, or for the10
support of his family.11
PART III. LOUISIANA BLIND VENDORS TRUST FUND12
§3041. Purpose13
The purpose of this Part is to provide for the enhancement of programs for14
persons disabled through blindness by the establishment of a trust fund in the state15
treasury to be funded by monies received by the Louisiana Workforce Commission16
through contractual arrangements with providers who place vending machines on17
state, federal, and other property. The purpose of the Blind Vendors Trust Fund is18
to provide assistance to Louisiana citizens who are legally blind who participate in19
the Blind Enterprise Program established through the federal Randolph-Sheppard20
Act.21
§3042. Definitions22
As used in this Chapter, the following terms shall have the following23
meanings:24
(1) "Agency" means the Louisiana Rehabilitation Services program of the25
office of workforce development within the Louisiana Workforce Commission,26
which licenses blind vendors.27 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 11 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) "Blind Enterprise Program" means the services available to establish1
business enterprises and other similar programs for persons who are blind as2
provided in the Randolph-Sheppard Act.3
(3) "Blind vendors" means those individuals who are classified under state4
and federal regulations as legally blind and who are licensed to and have a permit to5
operate vending facilities on state, federal, or other property.6
(4) "Board" means the Blind Vendors Trust Fund Advisory Board.7
(5) "Department" means the Louisiana Workforce Commission.8
(6) "Fund" means the Blind Vendors Trust Fund.9
(7) "Randolph-Sheppard Act" means the federal law which enables the Blind10
Enterprise Program under the authority of 20 U.S.C. 107 et seq.11
§3043. Blind Vendors Trust Fund12
A. There is hereby established a special fund in the state treasury to be13
known as the Blind Vendors Trust Fund which shall consist of monies collected from14
certain vending machines located on state, federal, and other property pursuant to the15
Randolph-Sheppard Act. The fund may receive monies from any source. In16
addition, the legislature may make annual appropriations to the trust fund for the17
purposes set forth in this Part.18
B. All monies collected under this Part shall be forwarded by the department19
to the state treasurer upon receipt. After deposit in the Bond Security and20
Redemption Fund as required by Article VII, Section 9(B) of the Constitution of21
Louisiana, all amounts so received shall be credited to the Blind Vendors Trust Fund22
account under the Louisiana Workforce Commission.23
C. The monies in the fund shall be used solely for programs described herein24
to provide services for the Blind Enterprise Program established in Louisiana25
pursuant to the Randolph-Sheppard Act. Funds appropriated to the department each26
year shall be distributed in accordance with R.S. 23:3045. All unexpended and27
unencumbered monies remaining in the fund at the close of each fiscal year shall28
remain in the fund. Monies in the fund shall be invested by the state treasurer in the29 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 12 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
same manner as monies in the state general fund. All interest earned from the1
investment of monies in the fund shall be deposited in and remain to the credit of the2
fund.3
D. The administration of the fund shall be exercised by the department in4
accordance with this Part.5
§3044. Blind Vendors Trust Fund Advisory Board; creation; membership6
A. There is hereby created the Blind Vendors Trust Fund Advisory Board7
within the agency.8
B. The Blind Vendors Trust Fund Advisory Board shall be composed of nine9
members as follows:10
(1) The director of the agency or his designee.11
(2) Eight members of the Louisiana Blind Vendors Elected Committee.12
C.(1) The board shall meet and organize immediately after election of its13
members and shall elect a chairman from its membership and other officers it might14
deem appropriate. The board shall adopt rules for the orderly transaction of business15
and shall keep a record of its resolutions, transactions, findings, and determinations.16
A majority of the individuals appointed to the board shall constitute a quorum.17
Members shall serve without compensation.18
(2) The director of the agency or his designee shall arrange for full and19
accurate financial records to be maintained in compliance with law and shall make20
a full and complete report to the board annually. The board is specifically prohibited21
from publishing newsletters or other publications typically used in mass mailings.22
D. The board shall meet at least once in each quarter of the fiscal year and23
as often as necessary thereafter as deemed by the chairman.24
E. The board shall be domiciled in East Baton Rouge Parish.25
F. The board shall:26
(1) Advise and make recommendations to the agency for the promulgation27
of rules and regulations necessary to implement the provisions of this Part.28 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 13 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) Monitor, evaluate, and review the development and quality of services1
and programs funded through the fund.2
§3045. Expenditures3
A. Money in the trust fund from vending machines located on federal4
property shall be distributed for the primary purpose of the establishment and5
maintenance of retirement or pension plans, for health insurance, and contributions6
for the provisions of paid sick leave and vacation time for blind vendors, if approved7
by majority vote of blind vendors licensed by the department after the department8
has provided to each vendor information on all matters relevant to such purposes.9
Income not expended for the primary purpose as set out in this Subsection shall be10
used for the maintenance and replacement of equipment, the purchase of new11
equipment, management services, and securing a fair return to vendors, or as12
provided by state or federal guidelines.13
B. Money in the trust fund from vending machines located on state-owned14
property or on property leased by the state or any state agency, or on other property15
shall be distributed for any purpose associated with the Randolph-Sheppard program16
as may be determined by the department.17
PART IV. INDEPENDENT LIVING18
§3061. Louisiana Workforce Commission of Federal Independent Living Program19
The Louisiana Workforce Commission shall administer Rehabilitation Act20
independent living programs, including independent living, Part B, and independent21
living for older individuals who are blind.22
Section 3. R.S. 28:821(C), 824(I), (J)(1)(b), (K), and (L) are hereby amended and23
reenacted to read as follows:24
§821. Findings and purpose 25
* * *26
C. It is the intention of the legislature that the state of Louisiana adhere to the27
principles contained in this Chapter in program planning, development, funding, and28
implementation for persons with developmental disabilities and their families. It is29 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 14 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the further intention of the legislature that the Department of Health and Hospitals1
and the Department of Social Services work works cooperatively to implement the2
Community and Family Support System plan developed by the Louisiana State3
Planning Council on Developmental Disabilities pursuant to this Chapter.4
* * *5
§824. Community and Family Support System plan6
* * *7
I. The Department of Health and Hospitals and the Department of Social8
Services may provide a system of community and family supports.9
* * *10
J. Methods to assure the quality of community and family support services11
include: 12
(1) Regional and state advisory councils. 13
* * *14
(b) Council members shall be appointed by the developmental disabilities15
council chairperson in consultation with the secretaries secretary of the Department16
of Health and Hospitals and the Department of Social Services.17
* * *18
K. Purchases of equipment for clients of the Department of Health and19
Hospitals and the Department of Social Services who are eligible for services under20
the system of community and family supports shall be exempt from state purchasing21
requirements and state property control regulations. 22
L. The Department of Health and Hospitals and the Department of Social23
Services shall promulgate rules and regulations for the community and family24
support system within one year. However, the implementation of the system shall not25
be delayed if the rules and regulations are not completed in a timely manner.26
* * *27 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 15 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 4. R.S. 36:258(F), 301(B), 308(B), and 471(B) are hereby amended and1
reenacted and R.S. 36:259(K) and (N), and 309(E) are hereby enacted to read as follows:2
§258. Offices; purposes and functions3
* * *4
F. The office of aging and adult services shall be responsible for the programs5
and functions of the Department of Health and Hospitals related to the long-term6
care of the elderly and the protection and long-term care of persons with adult onset7
disabilities. It shall administer the residential state-operated nursing homes, the Villa8
Feliciana Medical Complex, the protection services program of adults from ages9
eighteen to fifty-nine, the department's long-term support and services programs, the10
State Personal Assistance Services program, the Community and Family Support11
Program, the Traumatic Head and Spinal Cord Injury Trust Fund, as well as other12
related programs within the department.13
* * *14
§259. Transfer of agencies and functions to Department of Health and Hospitals15
* * *16
K. The Louisiana Commission for the Deaf (R.S. 46:2351 et seq.) is hereby17
placed within the Department of Health and Hospitals and shall perform and exercise18
its powers, duties, functions, and responsibilities as provided for agencies transferred19
as provided in R.S. 36:802. 20
* * *21
N. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board22
(R.S. 46:2631-2635) is hereby placed within the Department of Health and Hospitals23
and shall exercise and perform its powers, duties, functions, and responsibilities in24
the manner provided for agencies transferred in accordance with the provisions of25
R.S. 36:802. 26
* * *27 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 16 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§301. Louisiana Workforce Commission; creation; domicile; composition; purposes1
and functions2
* * *3
B. The Louisiana Workforce Commission through its offices and officers,4
shall administer and enforce laws and programs designed to protect the economic5
and physical well-being of Louisiana's work force workforce. The commission shall6
coordinate and administer programs conducted by the state, or jointly with federal7
agencies, in the area of labor-management relations, manpower evaluation and8
training, vocational rehabilitation, independent living, blind services, employment,9
unemployment and workers' compensation, job safety, and the licensing and10
regulation of certain types of work. The commission shall perform functions related11
to administration of the community services block grant for which provision is12
initially made in the Omnibus Budget Reconciliation Act of 1981.13
* * *14
§308. Offices; purposes and functions15
* * *16
B. The office of workforce development shall perform the functions of the17
state relating to the administration, enforcement, supervision, and direction of18
programs related to the formulation of standards and policies promoting the welfare19
of wage-earning women; the encouragement of employment of individuals with20
disabilities; of the physically handicapped; vocational rehabilitation; independent21
living; blind services; customer service delivery; employment; training; minimum22
wage standards; welfare of workers and labor disputes, including the promotion of23
voluntary conciliation of disputes; regulation and certification of private employment24
agencies; minor labor laws; the formulation of policy relative to labor25
apprenticeship; worker protection programs, including medical payment; and26
employment security and employment service field services, all in accordance with27
applicable laws.28
* * *29 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 17 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§309. Transfer of agencies to Louisiana Workforce Commission1
* * *2
E. The powers, duties, functions, and responsibilities relating to Louisiana3
Rehabilitation Services (R.S. 23:3001 et seq.) are hereby transferred to the Louisiana4
Workforce Commission to be exercised and performed by the executive director, in5
accordance with provisions of Part IV of Chapter 22 of this Title. 6
* * *7
§471. Department of Social Services; creation; domicile; composition; purpose and8
functions9
* * *10
B. The Department of Social Services, through its office and officers, shall11
be responsible for the development and providing of social services and the12
improvement of social conditions for the citizens of Louisiana , and for the13
rehabilitation of handicapped persons for employment. 14
* * *15
Section 5. R.S. 38:2261(C) and (D) are hereby amended and reenacted to read as16
follows:17
§2261. Preference for goods manufactured, or services performed, by sheltered18
workshops; non-applicability of competitive bidding requirements;19
coordinating council20
* * *21
C. The provisions of this Section shall not be construed to limit or otherwise22
affect the provisions of R.S. 46:334 23:3024 and 46:335 23:3025 regarding the23
sheltered industries program for the individuals who are blind. 24
D. There is created within the Department of Social Services Department of25
Health and Hospitals a council whose function shall be to coordinate and facilitate26
the carrying out of the provisions of this Section. The membership of this council27 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 18 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
shall be determined by the secretary of the Department of Social Services1
Department of Health and Hospitals.2
* * *3
Section 6. R.S. 39:1554(D)(1)(d) and 1595.4(B), (C), and (D) are hereby amended4
and reenacted to read as follows:5
§1554. Application of this Chapter6
* * *7
D. Exclusions. (1) This Chapter shall not be construed to change, affect,8
increase, or relieve the requirements of:9
* * *10
(d) R.S. 46:335 23:3025, as regarding the purchase of products or services11
from the individuals who are blind.12
* * *13
§1595.4. Preference for goods manufactured, or services performed, by sheltered14
workshops; definitions; coordinating council15
* * *16
B. The provisions of this Section shall not be construed to limit or otherwise17
affect the provisions of R.S. 46:334 and 335 23:3024 and 3025 regarding the18
sheltered industries program for the individuals who are blind.19
C. There is hereby created within the Department of Social Services20
Department of Health and Hospitals a council whose function shall be to coordinate21
and facilitate the carrying out of provisions of this Section. The membership of this22
council shall be determined by the secretary of the Department of Social Services23
Department of Health and Hospitals. It shall have authority to designate and contract24
with a central nonprofit agency to assist sheltered workshops in submitting25
applications for the selection of suitable goods and services, to facilitate the26
allocation of orders among qualified sheltered workshops, and otherwise to assist the27
council in performing its functions.28 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 19 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D. The Department of Social Services Department of Health and Hospitals1
may adopt, promulgate, and enforce such rules and regulations as are necessary and2
appropriate to implement the provisions of this Section. The regulations shall be3
promulgated in accordance with the Administrative Procedure Act, R.S. 49:950, et4
seq.5
* * *6
Section 7. R.S. 40:1300.14(B)(13) is hereby amended and reenacted to read as7
follows: 8
§1300.14. Confidentiality of HIV test result; disclosure 9
* * *10
B. Notwithstanding the provisions of Subsection A of this Section, HIV test11
results may be released to the following: 12
* * *13
(13) An employee or agent who is authorized by the Department of Social14
Services, office of rehabilitative services Louisiana Workforce Commission to15
access records containing HIV test results in order to carry out the Department of16
Social Services, office of Louisiana Workforce Commission's vocational17
rehabilitative services functions, powers, and duties with respect to the protected18
patient. 19
* * *20
Section 8. R.S. 46:51(2) and (10), 2116.1(1), (2), and (4), 2116.2(A),21
2351(A)(introductory paragraph), 2353, 2632(2), 2633(C) and (E), 2634(A) and (B)(1), and22
2635(B) are hereby amended and reenacted to read as follows:23
§51. Duties of the department 24
The Department of Social Services, through its secretary, shall administer the25
public assistance and welfare laws of the state, as follows: 26
* * *27
(2) Administer and supervise all forms of public assistance including general28
home relief, outdoor and indoor care of persons in need, old age assistance, financial29 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 20 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
assistance to needy individuals, aid to dependent children, aid to the blind, aid to the1
crippled and otherwise handicapped, except medical and health services the2
responsibility for which is or may be vested by state law in other departments of the3
state government, and such other welfare activities or services as may be vested in4
it.5
* * *6
(10) Administer all public assistance funds, and child welfare funds, and7
funds for assistance to the handicapped; and estimate the moneys to be credited to8
the assistance fund from state and federal sources for the ensuing fiscal year and9
allocate the total amount estimated to be available.10
* * *11
§2116.1. Definitions12
As used in this Chapter, the following terms shall have the meaning ascribed13
to them in this Section, unless the context clearly requires otherwise: 14
(1) "Department" means the Department of Social Services Health and15
Hospitals. 16
(2) "Evaluation team" means the individuals who determine the eligibility of17
persons with significant disabilities for state personal assistance services pursuant18
to this Chapter and shall be designated by the director of Louisiana Rehabilitation19
Services assistant secretary of the office of aging and adult services within the20
department.21
* * *22
(4) "Secretary" means the secretary of the Department of Social Services23
Health and Hospitals. 24
* * *25 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 21 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§2116.2. State Personal Assistance Services Program; creation; eligibility1
requirements; evaluation2
A. State Personal Assistance Services Program is created in the Department3
of Social Services Health and Hospitals and shall be administered by Louisiana4
Rehabilitation Services office of aging and adult services in the department.5
* * *6
§2351. Creation; membership; terms; compensation7
A. The Louisiana Commission for the Deaf, hereinafter referred to as "the8
commission", is hereby created and established within the Department of Social9
Services Health and Hospitals. The commission shall consist of seventeen members10
as follows:11
* * *12
§2353. Employees13
The secretary of the Department of Social Services Health and Hospitals shall14
appoint employ a director who shall be the executive officer of the commission. The15
director shall be a trained professional, having experience as such with the deaf, and16
skilled in the use of sign language. The director may be either a deaf person or a17
person with normal hearing, but preference shall be given to a deaf person. The18
director secretary of the Department of Health and Hospitals may appoint shall19
employ such other employees as are necessary to carry out the provisions of this20
Chapter.21
* * *22
§2632. Definitions23
As used in this Chapter, the following terms shall have the following24
meanings:25
* * *26
(2) "Department" means the Department of Social Services Health and27
Hospitals.28
* * *29 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 22 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§2633. Traumatic Head and Spinal Cord Injury Trust Fund1
* * *2
C. All monies collected under this Chapter shall be forwarded by the officer3
of the court who collects the same to the state treasurer within thirty days after the4
penalty or forfeiture is collected. After deposit in the Bond Security and Redemption5
Fund as required by Article VII, Section 9(B) of the Constitution of Louisiana, an6
amount equal to that deposited as required by Subsection A of this Section shall be7
credited to the Traumatic Head and Spinal Cord Injury Trust Fund account under the8
Department of Social Services, office of rehabilitation services Health and Hospitals,9
office of aging and adult services. All unexpended and unencumbered monies in the10
fund at the end of the fiscal year shall remain in the fund. The monies in this fund11
shall be invested by the state treasurer in the same manner as monies in the state12
general fund, and interest earned on the investment of these monies shall be credited13
to the fund, following compliance with the requirement of Article VII, Section 9(B)14
relative to the Bond Security and Redemption Fund.15
* * *16
E. The board shall determine the eligibility of programs to receive funding17
and the administration of the fund shall be exercised by the Department of Social18
Services Health and Hospitals, office of rehabilitation aging and adult services, in19
accordance with this Chapter.20
* * *21
§2634. Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board;22
creation; membership23
A. There is hereby created the Traumatic Head and Spinal Cord Injury Trust24
Fund Advisory Board within the Department of Social Services Health and25
Hospitals, office of rehabilitation aging and adult services.26 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 23 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board1
shall be composed of thirteen members as follows:2
(1) The director assistant secretary of the office of rehabilitation aging and3
adult services of the Department of Social Services Health and Hospitals or his4
designee.5
* * *6
§2635. Expenditures7
* * *8
B. Authorization of expenditures for spinal cord injury care and head injury9
care shall be made by the office of rehabilitation services aging and adult services,10
within the Department of Health and Hospitals, according to criteria established by11
the board.12
* * *13
Section 9. R.S. 47:305.15(A) and 360(A) are hereby amended and reenacted to read14
as follows:15
§305.15. Exclusions and exemptions; sales or purchases by individuals who are16
blind persons 17
A. The sales and use taxes levied and the collection, reporting, and18
remittance thereof required by this Chapter shall not apply to sales or purchases19
made by blind persons in the conduct of a business which is exempt from license20
taxes by R.S. 46:371 through 373 23:3031 through 3033. 21
* * *22
§360. Exemptions 23
A. Blind persons Individuals who are blind and their widows or orphans.24
License taxes levied by this Chapter shall not apply to individuals who are blind25
persons, who are exempted from licenses taxes by R.S. 46:371 through 46:37326
23:3031 through 3033. The exemption provided by this Subpart shall apply only27 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 24 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
where the business is conducted by any person individual who is blind exclusively1
for his own support or the support of his family. 2
* * *3
Section 10. R.S. 48:307(B)(2) and (3) are hereby amended and reenacted as follows:4
§307. Controlled-access areas; commercial activities 5
* * *6
B.7
* * *8
(2) The secretary is hereby authorized to either purchase, install, and operate9
vending machines or to utilize private contractors, subject to the review and consent10
of the division of rehabilitation services Louisiana Workforce Commission as the11
Randolph-Sheppard licensing agency. If private contractors are utilized, the12
contractors shall be selected in accordance with public bid law. 13
(3) The secretary is further authorized to enter into a cooperative agreement14
with the Department of Social Services Louisiana Workforce Commission15
concerning the division of gross sales or net proceeds derived from the operation of16
these vending machines and concession structures at interstate rest areas. The17
construction, general maintenance, upkeep, and improvement of the vending18
machines and concession structures shall be the responsibility of the private19
contractor or designated operator. 20
* * *21
Section 11. R.S. 36:474(F) and 478(C), (D), (E), (G), (I), and (J), Subparts B and C22
of Part III of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950, comprised of23
R.S. 46:331 through 373, Chapter 26 of Title 46 of the Louisiana Revised Statutes of 1950,24
comprised of R.S. 46:2101 through 2106, and Chapter 50 of Title 46 of the Louisiana25
Revised Statutes of 1950, comprised of R.S. 46:2651 through 2655, are hereby repealed in26
their entirety.27
Section 12. The administrative rules contained in the Louisiana Administrative Code28
promulgated by the Department of Social Services which govern or are applicable to the29 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 25 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
programs and operations transferred from the Department of Social Services to the Louisiana1
Workforce Commission by this Act shall continue to be effective and the office of state2
register shall change all applicable references to the Department of Social Services to the3
Louisiana Workforce Commission and redesignate and renumber, as the need may be, all4
applicable provisions as is necessary to maintain continuity in the Louisiana Administrative5
Code.6
Section 13. The administrative rules contained in the Louisiana Administrative Code7
promulgated by the Department of Social Services which govern or are applicable to the8
programs and operations transferred from the Department of Social Services to the9
Department of Health and Hospitals by this Act shall continue to be effective and the office10
of state register shall change all applicable references to the Department of Social Services11
to the Department of Health and Hospitals and redesignate and renumber, as the need may12
be, all applicable provisions as is necessary to maintain continuity in the Louisiana13
Administrative Code.14
Section 14. All monies held in the state treasury for the Blind Vendors Trust Fund15
on the effective date of this Act shall, upon that date, be transferred to the Louisiana16
Workforce Commission.17
Section 15. All monies held in the state treasury for the Louisiana Traumatic Head18
and Spinal Cord Injury Trust Fund on the effective date of this Act shall, upon that date, be19
transferred to the Department of Health and Hospitals.20
Section 16. All Department of Social Service contracts for the programs and21
activities transferred to the Louisiana Workforce Commission by this Act shall be deemed22
to have been transferred and assigned to the Louisiana Workforce Commission upon the23
effective date of this Act without the necessity of contractual amendment, and the Louisiana24
Workforce Commission shall be solely responsible for all related obligations and liabilities25
arising on or after that effective date.26
Section 17. In order to ensure continuity of services during the transition period, all27
Department of Social Services contracts related to the operation and administration of the28
programs transferred to the Department of Health and Hospitals shall be deemed to have29 HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 26 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
been transferred and assigned to the Department of Health and Hospitals upon the effective1
date of this Act without the necessity of contractual amendment, and the Department of2
Health and Hospitals shall be solely responsible for all related obligations and liabilities3
arising on or after that effective date.4
Section 18.(A) The provisions of R.S. 38:2261(D) of Section 5 of this Act shall5
become effective on January 1, 2011.6
(B) The provisions of R.S. 39:1595.4(C) and (D) of Section 6 of this Act shall7
become effective on January 1, 2011.8
Section 19. On or before July 1, 2011, and on or before July 1, 2012, the Department9
of Health and Hospitals and Louisiana Workforce Commission jointly shall submit a report10
to the House Committee on Health and Welfare and the Senate Committee on Health and11
Welfare indicating the actual cost of implementing the provisions of this Act.12
Section 20. Except as provided in Section 18, this Act shall become effective on July13
1, 2010; if vetoed by the governor and subsequently approved by the legislature, except as14
provided in Section 18, this Act shall become effective on July 1, 2010, or on the day15
following such approval by the legislature, whichever is later.16
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Katz HB No. 1198
Abstract: Transfers each program currently operated by the Dept. of Social Services
(DSS), office of La. Rehabilitation Services to the Dept. of Health and Hospitals
(DHH) or the La. Workforce Commission (LWC).
Present law provides that DSS shall operate and maintain the following services and
programs which are currently being operated by the office of La. Rehabilitation Services:
(1)Blind Services
(2)State personal assistance services program
(3)La. Commission for the Deaf
(4)Traumatic Head and Spinal Cord Injury Trust Fund Program
(5)Vocational Rehabilitation Program HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 27 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(6)Independent Living Part B Program
(7)Independent Living for Older Blind Program
(8)Community and Family Support Program
Proposed law transfers the following programs and services from DSS to the LWC:
(1)Vocational Rehabilitation Program
(2)Blind Services and the Blind Vendors Trust Fund
(3)Independent Living Part B Program
(4)Independent Living for Older Blind Program
Proposed law transfers the following programs and services from DSS to DHH:
(1)La. Commission for the Deaf
(2)Traumatic Head and Spinal Cord Injury Trust Fund Program
(3)State personal assistance services program
(4)Community and Family Support Program
Proposed law transfers each program operated by the office of La. Rehabilitation Services
to either DHH or the La. Workforce Commission (LWC).
Proposed law makes necessary technical corrections for the programs and services being
transferred.
Proposed law provides that the administrative rules contained in the La. Administrative Code
promulgated by DSS which govern or are applicable to the programs and operations
transferred from DSS to the LWC or DHH shall continue to be effective and the office of
state register shall change all applicable references to DSS to either the LWC or DHH and
redesignate and renumber all applicable provisions as is necessary to maintain continuity in
the La. Administrative Code.
Proposed law provides that all monies held in the state treasury for the Blind Vendors Trust
Fund on the effective date of proposed law, shall upon that date, be transferred to LWC.
Proposed law provides that all monies held in the state treasury for the La. Traumatic Head
and Spinal Cord Injury Trust Fund on the effective date of this Act shall, upon that date, be
transferred to DHH.
Proposed law provides that in order to ensure continuity of services during the transition
period, all DSS contracts for the programs and activities transferred to the LWC shall be
deemed to have been transferred and assigned to the LWC upon the effective date of
proposed law without the necessity of contractual amendment, and the LWC shall be solely
responsible for all related obligations and liabilities arising on or after that date.
Proposed law provides that all DSS contracts related to the operation and administration of
the programs transferred to DHH shall be deemed to have been transferred and assigned to
DHH upon the effective date of proposed law without the necessity of contractual
amendment, and DHH shall be solely responsible for all related obligations and liabilities
arising on or after that effective date. HLS 10RS-1315 ENGROSSED
HB NO. 1198
Page 28 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law requires DHH and LWC to provide a report on July 1, 2011 and July 1, 2012
on the actual cost of implementing proposed law.
Effective July 1, 2010.
(Amends R.S. 17:1518.1(J) and 1519.5(C), R.S. 23:1(A) and 17(A), R.S. 28:821(C), 824(I),
(J)(1)(b), (K), and (L), R.S. 36:258(F), 301(B), 308(B), and 471(B), R.S. 38:2261(C) and
(D), R.S. 39:1554(D)(1)(d) and 1595.4(B), (C), and (D), R.S. 40:1300.14(B)(13), R.S.
46:51(2) and (10), 2116.1(1), (2), and (4), 2116.2(A), 2351(A)(intro. para.), 2353, 2632(2),
2633(C) and (E), 2634(A), and (B)(1), and 2635(B), R.S. 47:305.15(A) and 360(A), R.S.
48:307(B)(2) and (3); Adds R.S. 23:1(B)(6) and R.S. 23:3001-3061, R.S. 36:259(K) and (N),
and 309(E); Repeals R.S. 36:474(F) and 478(C), (D), (E), (G), (I), and (J), R.S. 46:331-373,
R.S. 46:2101-2106, and R.S. 46:2651-2655))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Made technical changes to properly repeal certain provisions of present law, to
utilize preferred terminology, and to properly identify agencies, divisions, and
offcials.
2. In sections referring to DHH personnel, changed language providing for duties
of the DHH secretary from "shall appoint" and "may appoint" to "shall employ."
3. Added language to clarify that there is intent to ensure continuity of services
during the period when duties are transferred between agencies.
4. Added a special effective date of Jan. 1, 2011, for the provisions of proposed law
(R.S. 38:2261(D), R.S. 39:1595.4 (C) and (D)).
5. Required DHH and LWC to submit two reports, one by July 1, 2011, and the
other by July 1, 2012, to the House and Senate committees on health and welfare
indicating the actual cost of implementing the provisions of proposed law.