ENROLLED
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ACT No. 939
Regular Session, 2010
HOUSE BILL NO. 1198
BY REPRESENTATIVE KATZ
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)(introductory paragraph) and (13), R.S. 46:51(2) and (10),5
2116.1(1), (2), and (4), 2116.2(A), 2351(A)(introductory paragraph), 2353, 2632(2),6
2633(C) and (E), 2634(A) and (B)(1), and 2635(B), R.S. 47:305.15(A) and 360(A),7
R.S. 48:307(B)(2) and (3), to enact R.S. 23:1(B)(6) and Chapter 15 of Title 23 of the8
Louisiana Revised Statutes of 1950, to be comprised of R.S. 23:3001 through 3061,9
R.S. 36:259(K) and (N), and 309(E), and to repeal R.S. 36:474(F) and 478(C), (D),10
(E), (G), (I), and (J), Subparts B and C of Part III of Chapter 3 of Title 46 of the11
Louisiana Revised Statutes of 1950, comprised of R.S. 46:331 through 373, Chapter12
26 of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S. 46:210113
through 2106, and Chapter 50 of Title 46 of the Louisiana Revised Statutes of 1950,14
comprised of R.S. 46:2651 through 2655, relative to the office of Louisiana15
Rehabilitation Services within the Department of Social Services; to provide for the16
transfer of such functions from the Department of Social Services to the Department17
of Health and Hospitals and the Louisiana Workforce Commission; and to provide18
for related matters.19 ENROLLEDHB NO. 1198
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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 ENROLLEDHB NO. 1198
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§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 ENROLLEDHB NO. 1198
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B. The commission shall meet the needs of all of the following:1
* * *2
(6) Individuals of this state with disabilities 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 rehabilitation19
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. State treasurer as custodian of federal funds25
The state treasurer is designated and appointed custodian of all monies26
received by the state of Louisiana from appropriations made by the Congress of the27
United States for the vocational rehabilitation of persons disabled in industry or28
otherwise, and is authorized to receive and provide for the proper custody of the29 ENROLLEDHB NO. 1198
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same and to make disbursement therefrom upon the approval of the legislature and1
the requisition of the Louisiana Workforce Commission.2
§3003. Donations; department's authority to receive3
The Louisiana Workforce Commission may receive any donations, either4
from public or private sources offered unconditionally, or under such conditions5
related to the vocational rehabilitation of persons disabled in industry or otherwise6
determined by the department to be proper and consistent with the provisions of this7
Part. All the monies received as donations shall be deposited in the state treasury8
and shall constitute a permanent fund to be called the special fund for the vocational9
rehabilitation of individuals with disabilities. A full report of all donations received10
and accepted, together with the names of the donor and the respective amounts11
contributed by each, and all disbursements therefrom shall be submitted annually to12
the governor by the Louisiana Workforce Commission.13
§3004. Fees for vocational work evaluation services performed by Louisiana14
Workforce Commission15
A.(1) The executive director of the Louisiana Workforce Commission shall16
promulgate rules and regulations for the assessment of fees for payment of costs of17
vocational work evaluation services performed by the Louisiana Workforce18
Commission regarding any handicapped individual who has insurance coverage for19
this purpose.20
(2) For purposes of this Section, "vocational work evaluation" means a21
comprehensive process utilizing medical, psychological, social, vocational,22
educational, cultural, and economic data to evaluate and assist in the vocational23
development of the individual.24
B. Any fee assessed and collected for these services shall be paid directly to25
the Louisiana Workforce Commission by the individual or by the insurance company26
or public or private organization or agency that requests the services, for disposition27
and use as provided by law.28 ENROLLEDHB NO. 1198
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PART II. BLIND PERSONS1
SUBPART A. PREVENTION OF BLINDNESS AND VOCATIONAL TRAINING2
§3021. Prevention of blindness, vocational training, and rehabilitation3
The Louisiana Workforce Commission may establish and administer an4
adequate system of conservation of sight and prevention of blindness, vocational5
training, and rehabilitation for the blind and may make the rules and regulations6
necessary for the efficient administration thereof.7
§3022. Powers of the Louisiana Workforce Commission8
The Louisiana Workforce Commission may:9
(1) Make and promulgate such rules and regulations as are necessary or10
desirable for carrying out the provisions of this Subpart and such rules and11
regulations shall be binding upon parishes or other local units and their agents and12
upon those private agencies and individuals who participate in the benefits of this13
Subpart.14
(2) Administer and supervise a statewide program for the conservation of15
sight and the prevention of blindness through lectures, posters, exhibits, and such16
other methods as is deemed necessary; act in close cooperation with other state17
departments and private agencies; encourage vision testing in schools and the early18
correction of eye defects where found; and establish sight-saving classes where19
needed.20
(3) Promote a system of economic security for the blind by administering21
and supervising a statewide program of vocational training and rehabilitation for the22
blind by providing the necessary facilities in private and public agencies.23
(4) Provide the necessary facilities, equipment, and initial stock, for the24
operation of vending stands and such other small business enterprises as may be25
found feasible for operation by individuals who are blind.26
(5) Assist other departments, agencies, and institutions of the state and27
federal government, when so requested, by performing services in conformity with28
the purposes of this Subpart.29 ENROLLEDHB NO. 1198
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(6) Administer such federal, state, parish, municipal, or private funds as may1
be available for the prevention of blindness, vocational training, and rehabilitation2
for individuals who are blind.3
(7) Act as agent of the state to cooperate with the federal government in any4
matter relating to sight conservation and the welfare of individuals who are blind.5
§3023. Preference to individuals who are blind in operation of concessions in public6
buildings7
A. State agencies, boards, commissions, and institutions owning,8
maintaining, or controlling state property shall in all cases give preference to9
individuals who are blind, under the administration of the Louisiana Workforce10
Commission, in the operation of vending stands, vending machines, and other small11
business concessions to be operated on the premises. No other vending stands,12
vending machines, or small business concessions shall be operated on the same13
premises with vending stands, vending machines, or other small business14
concessions operated, or contemplated, under the provisions of this Section. No15
individual who is blind, under this Subpart, shall be required to pay any fee, service16
charge, or equivalent thereof upon the operation of a vending stand, vending17
machines, and other small business concessions in public buildings or premises, nor18
shall an individual who is blind be disturbed in the security of the operation of the19
vending stand, vending machine, and other small business concession in any way,20
without reasonable or just cause.21
B. The provisions of this Section shall not apply to state colleges and22
universities contracting for food services, vending operations, or other such services.23
C. The provisions of this Section shall not apply to state developmental24
centers within the Department of Health and Hospitals as provided by R.S.25
36:259(C)(13) through (22) which operate canteens, vending stands, vending26
machines, or other such vending services on the premises for clients and employees27
when such operations are provided directly by the institution.28
D. The provisions of this Section shall not apply to the New Orleans Home29
and Rehabilitation Center or the Villa Feliciana Medical Complex within the30 ENROLLEDHB NO. 1198
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Department of Health and Hospitals, when operating canteens, vending stands,1
vending machines, or other such vending services on the premises for clients and2
employees when such operations are provided directly by the institution.3
E. The Louisiana Workforce Commission is hereby authorized to enter into4
contingency fee contracts for the identification, development, and generation of5
unassigned income from vending machines located on state, federal, and other6
property pursuant to the provisions of the Randolph-Sheppard Act. Any such7
contract shall be awarded pursuant to a request for proposals in accordance with8
Chapter 16 of Title 39 of the Louisiana Revised Statutes of 1950.9
§3024. Sheltered industries program for individuals who are blind10
The Louisiana Workforce Commission may administer an adequate sheltered11
industries program by supplying materials to individual workers and workshops and,12
when the individuals, workshops, and products meet the standards established by the13
department, assist in the sales of the finished products as follows:14
(1) Designate central gathering points where the products can be15
concentrated, and the Louisiana Workforce Commission shall keep itself informed16
of the number of manufactured products available at the gathering points with which17
any order by the state and its subdivisions may be filled in accordance with the18
provisions of this Subpart.19
(2) After consultation with the various departments of the state, fix standards20
of manufacture of and prices for the products and inform interested parties by21
circular letter to the end of encouraging individuals who are blind affected by this22
Subpart.23
§3025. Sale of products manufactured in sheltered industries program24
Whenever the state or a political subdivision of the state has occasion to25
purchase any product manufactured by individuals who are blind or utilize any26
service rendered by individuals who are blind, it shall communicate with the blind27
services program of the Louisiana Workforce Commission to ascertain whether such28
products or services are available. Such services may include but are not limited to29
piano tuning and repairing, cabinetmaking, or the acquiring for sale, distribution, and30 ENROLLEDHB NO. 1198
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delivery of specialized items of equipment used by and provided to the blind. To the1
extent that these products or services are available, the state and its subdivisions may2
purchase them in the manner provided and at the prices fixed by the Louisiana3
Workforce Commission after consultation with the various departments of the state.4
SUBPART B. EXEMPTION FROM CERTAIN TAXES5
§3031. Definitions6
The term "any person who is blind" used in this Subpart, shall extend to any7
person, who is totally blind in both eyes, or to any person whose sight with the use8
of both eyes is so impaired as to make the sense of sight of no practical benefit or9
help in the pursuit of business, or in the course of earning a living.10
§3032. Exemption of persons who are blind from license, privilege, or vocational11
tax; limitation12
A. Any person who is blind as defined in this Subpart may exercise the13
privileges of peddler, news dealer, or lunch counter operator, or may exercise the14
right to trade, traffic, or sell any merchandise, whether on foot, by vehicle, or in15
stores, when the stock of goods on hand, or the equipment or capital stock of the16
enterprises, never exceeds the sum of two thousand dollars. These privileges may17
be exercised in any of the parishes of the state, including incorporated towns and18
cities, without the payment of any license, privilege, or vocational tax, which is19
presently or may be hereafter imposed by law, by the state, or any parish or20
municipality.21
B. The privileges granted by this Section shall not extend to dealing in the22
sale, trade, or traffic of deadly weapons, to the operation of Jenny Linds, pool tables,23
or other like contrivances for amusement; or to the operation of any business, or the24
sale, trade, or traffic of any article presently prohibited, or which may be hereafter25
prohibited by law.26
§3033. Exemptions; when applicable27
The exemption provided by this Subpart shall apply only where the business28
is conducted by any person who is blind exclusively for his own support or for the29
support of his family.30 ENROLLEDHB NO. 1198
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PART III. LOUISIANA BLIND VENDORS TRUST FUND1
§3041. Purpose2
The purpose of this Part is to provide for the enhancement of programs for3
persons disabled through blindness by the establishment of a trust fund in the state4
treasury to be funded by monies received by the Louisiana Workforce Commission5
through contractual arrangements with providers who place vending machines on6
state, federal, and other property. The purpose of the Blind Vendors Trust Fund is7
to provide assistance to Louisiana citizens who are legally blind and who participate8
in the Blind Enterprise Program established through the federal Randolph-Sheppard9
Act.10
§3042. Definitions11
As used in this Chapter, the following terms shall have the following12
meanings:13
(1) "Agency" means the Louisiana Rehabilitation Services program of the14
office of workforce development within the Louisiana Workforce Commission,15
which licenses blind vendors.16
(2) "Blind Enterprise Program" means the services available to establish17
business enterprises and other similar programs for persons who are blind as18
provided in the Randolph-Sheppard Act.19
(3) "Blind vendors" means those individuals who are classified under state20
and federal regulations as legally blind and who are licensed to and have a permit to21
operate vending facilities on state, federal, or other property.22
(4) "Board" means the Blind Vendors Trust Fund Advisory Board.23
(5) "Department" means the Louisiana Workforce Commission.24
(6) "Fund" means the Blind Vendors Trust Fund.25
(7) "Randolph-Sheppard Act" means the federal law which enables the Blind26
Enterprise Program under the authority of 20 U.S.C. 107 et seq.27
§3043. Blind Vendors Trust Fund28
A. There is hereby established a special fund in the state treasury to be29
known as the Blind Vendors Trust Fund which shall consist of monies collected from30 ENROLLEDHB NO. 1198
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certain vending machines located on state, federal, and other property pursuant to the1
Randolph-Sheppard Act. The fund may receive monies from any source. In2
addition, the legislature may make annual appropriations to the trust fund for the3
purposes set forth in this Part.4
B. All monies collected under this Part shall be forwarded by the department5
to the state treasurer upon receipt. After deposit in the Bond Security and6
Redemption Fund as required by Article VII, Section 9(B) of the Constitution of7
Louisiana, an amount equal to all amounts so received shall be credited to the Blind8
Vendors Trust Fund account under the Louisiana Workforce Commission.9
C. The monies in the fund shall be used solely for programs described herein10
to provide services for the Blind Enterprise Program established in Louisiana11
pursuant to the Randolph-Sheppard Act. Funds appropriated to the department each12
year shall be distributed in accordance with R.S. 23:3045. All unexpended and13
unencumbered monies remaining in the fund at the close of each fiscal year shall14
remain in the fund. Monies in the fund shall be invested by the state treasurer in the15
same manner as monies in the state general fund. All interest earned from the16
investment of monies in the fund shall be deposited in and remain to the credit of the17
fund.18
D. The administration of the fund shall be exercised by the department in19
accordance with this Part.20
§3044. Blind Vendors Trust Fund Advisory Board; creation; membership21
A. There is hereby created the Blind Vendors Trust Fund Advisory Board22
within the agency.23
B. The Blind Vendors Trust Fund Advisory Board shall be composed of nine24
members as follows:25
(1) The director of the agency or his designee.26
(2) Eight members of the Louisiana Blind Vendors Elected Committee.27
C.(1) The board shall meet and organize immediately after election of its28
members and shall elect a chairman from its membership and other officers it might29
deem appropriate. The board shall adopt rules for the orderly transaction of business30 ENROLLEDHB NO. 1198
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and shall keep a record of its resolutions, transactions, findings, and determinations.1
A majority of the individuals appointed to the board shall constitute a quorum.2
Members shall serve without compensation.3
(2) The director of the agency or his designee shall arrange for full and4
accurate financial records to be maintained in compliance with law and shall make5
a full and complete report to the board annually. The board is specifically prohibited6
from publishing newsletters or other publications typically used in mass mailings.7
D. The board shall meet at least once in each quarter of the fiscal year and8
as often as necessary thereafter as deemed by the chairman.9
E. The board shall be domiciled in East Baton Rouge Parish.10
F. The board shall:11
(1) Advise and make recommendations to the agency for the promulgation12
of rules and regulations necessary to implement the provisions of this Part.13
(2) Monitor, evaluate, and review the development and quality of services14
and programs funded through the fund.15
§3045. Expenditures16
A. Money in the trust fund from vending machines located on federal17
property shall be distributed for the primary purpose of the establishment and18
maintenance of retirement or pension plans, for health insurance, and contributions19
for the provisions of paid sick leave and vacation time for blind vendors, if approved20
by majority vote of blind vendors licensed by the department after the department21
has provided to each vendor information on all matters relevant to such purposes.22
Income not expended for the primary purpose as set out in this Subsection shall be23
used for the maintenance and replacement of equipment, the purchase of new24
equipment, management services, and securing a fair return to vendors, or as25
provided by state or federal guidelines.26
B. Money in the trust fund from vending machines located on state-owned27
property or on property leased by the state or any state agency, or on other property28
shall be distributed for any purpose associated with the provisions of the Randolph-29
Sheppard Act as may be determined by the department.30 ENROLLEDHB NO. 1198
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PART IV. INDEPENDENT LIVING1
§3061. Louisiana Workforce Commission of Federal Independent Living Program2
The Louisiana Workforce Commission shall administer Rehabilitation Act3
independent living programs, including independent living, Part B, and independent4
living for older individuals who are blind.5
Section 3. R.S. 28:821(C), 824(I), (J)(1)(b), (K), and (L) are hereby amended and6
reenacted to read as follows:7
§821. Findings and purpose 8
* * *9
C. It is the intention of the legislature that the state of Louisiana adhere to10
the principles contained in this Chapter in program planning, development, funding,11
and implementation for persons with developmental disabilities and their families.12
It is the further intention of the legislature that the Department of Health and13
Hospitals and the Department of Social Services work cooperatively to implement14
the Community and Family Support System plan developed by the Louisiana State15
Planning Council on Developmental Disabilities pursuant to this Chapter.16
* * *17
§824. Community and Family Support System plan18
* * *19
I. The Department of Health and Hospitals and the Department of Social20
Services may provide a system of community and family supports.21
* * *22
J. Methods to assure the quality of community and family support services23
include: 24
(1) Regional and state advisory councils. 25
* * *26
(b) Council members shall be appointed by the developmental disabilities27
council chairperson in consultation with the secretaries secretary of the Department28
of Health and Hospitals and the Department of Social Services.29
* * *30 ENROLLEDHB NO. 1198
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K. Purchases of equipment for clients of the Department of Health and1
Hospitals and the Department of Social Services who are eligible for services under2
the system of community and family supports shall be exempt from state purchasing3
requirements and state property control regulations. 4
L. The Department of Health and Hospitals and the Department of Social5
Services shall promulgate rules and regulations for the community and family6
support system within one year. However, the implementation of the system shall7
not be delayed if the rules and regulations are not completed in a timely manner.8
* * *9
Section 4. R.S. 36:258(F), 301(B), 308(B), and 471(B) are hereby amended and10
reenacted and R.S. 36:259(K) and (N), and 309(E) are hereby enacted to read as follows:11
§258. Offices; purposes and functions12
* * *13
F. The office of aging and adult services shall be responsible for the14
programs and functions of the Department of Health and Hospitals related to the15
long-term care of the elderly and the protection and long-term care of persons with16
adult onset disabilities. It shall administer the residential state-operated nursing17
homes, the Villa Feliciana Medical Complex, the protection services program of18
adults from ages eighteen to fifty-nine, the department's long-term support and19
services programs, the State Personal Assistance Services program, the Community20
and Family Support Program, the Traumatic Head and Spinal Cord Injury Trust21
Fund, as well as other related programs within the department.22
* * *23
§259. Transfer of agencies and functions to Department of Health and Hospitals24
* * *25
K. The Louisiana Commission for the Deaf (R.S. 46:2351 et seq.) is hereby26
placed within the Department of Health and Hospitals and shall perform and exercise27
its powers, duties, functions, and responsibilities as provided for agencies transferred28
as provided in R.S. 36:802.29
* * *30 ENROLLEDHB NO. 1198
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N. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board1
(R.S. 46:2631 through 2635) is hereby placed within the Department of Health and2
Hospitals and shall exercise and perform its powers, duties, functions, and3
responsibilities in the manner provided for agencies transferred in accordance with4
the provisions of R.S. 36:802.5
* * *6
§301. Louisiana Workforce Commission; creation; domicile; composition; purposes7
and functions8
* * *9
B. The Louisiana Workforce Commission through its offices and officers,10
shall administer and enforce laws and programs designed to protect the economic11
and physical well-being of Louisiana's work force workforce. The commission shall12
coordinate and administer programs conducted by the state, or jointly with federal13
agencies, in the area of labor-management relations, manpower evaluation and14
training, vocational rehabilitation, independent living, blind services, employment,15
unemployment and workers' compensation, job safety, and the licensing and16
regulation of certain types of work. The commission shall perform functions related17
to administration of the community services block grant for which provision is18
initially made in the Omnibus Budget Reconciliation Act of 1981.19
* * *20
§308. Offices; purposes and functions21
* * *22
B. The office of workforce development shall perform the functions of the23
state relating to the administration, enforcement, supervision, and direction of24
programs related to the formulation of standards and policies promoting the welfare25
of wage-earning women; the encouragement of employment of individuals with26
disabilities; of the physically handicapped; vocational rehabilitation; independent27
living; blind services; customer service delivery; employment; training; minimum28
wage standards; welfare of workers and labor disputes, including the promotion of29
voluntary conciliation of disputes; regulation and certification of private employment30 ENROLLEDHB NO. 1198
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agencies; minor labor laws; the formulation of policy relative to labor1
apprenticeship; worker protection programs, including medical payment; and2
employment security and employment service field services, all in accordance with3
applicable laws.4
* * *5
§309. Transfer of agencies to Louisiana Workforce Commission6
* * *7
E. The powers, duties, functions, and responsibilities relating to Louisiana8
Rehabilitation Services (R.S. 23:3001 et seq.) are hereby transferred to the Louisiana9
Workforce Commission to be exercised and performed by the executive director, in10
accordance with provisions of Part IV of Chapter 22 of this Title.11
* * *12
§471. Department of Social Services; creation; domicile; composition; purpose and13
functions14
* * *15
B. The Department of Social Services, through its office and officers, shall16
be responsible for the development and providing of social services and the17
improvement of social conditions for the citizens of Louisiana , and for the18
rehabilitation of handicapped persons for employment. 19
* * *20
Section 5. R.S. 38:2261(C) and (D) are hereby amended and reenacted to read as21
follows:22
§2261. Preference for goods manufactured, or services performed, by sheltered23
workshops; non-applicability of competitive bidding requirements;24
coordinating council25
* * *26
C. The provisions of this Section shall not be construed to limit or otherwise27
affect the provisions of R.S. 46:334 23:3024 and 46:335 23:3025 regarding the28
sheltered industries program for the individuals who are blind. 29 ENROLLEDHB NO. 1198
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D. There is created within the Department of Social Services Department of1
Health and Hospitals a council whose function shall be to coordinate and facilitate2
the carrying out of the provisions of this Section. The membership of this council3
shall be determined by the secretary of the Department of Social Services4
Department of Health and Hospitals.5
* * *6
Section 6. R.S. 39:1554(D)(1)(d) and 1595.4(B), (C), and (D) are hereby amended7
and reenacted to read as follows:8
§1554. Application of this Chapter9
* * *10
D. Exclusions. (1) This Chapter shall not be construed to change, affect,11
increase, or relieve the requirements of:12
* * *13
(d) R.S. 46:335 23:3025, as regarding the purchase of products or services14
from the individuals who are blind.15
* * *16
§1595.4. Preference for goods manufactured, or services performed, by sheltered17
workshops; definitions; coordinating council18
* * *19
B. The provisions of this Section shall not be construed to limit or otherwise20
affect the provisions of R.S. 46:334 and 335 23:3024 and 3025 regarding the21
sheltered industries program for the individuals who are blind.22
C. There is hereby created within the Department of Social Services23
Department of Health and Hospitals a council whose function shall be to coordinate24
and facilitate the carrying out of provisions of this Section. The membership of this25
council shall be determined by the secretary of the Department of Social Services26
Department of Health and Hospitals. It shall have authority to designate and contract27
with a central nonprofit agency to assist sheltered workshops in submitting28
applications for the selection of suitable goods and services, to facilitate the29 ENROLLEDHB NO. 1198
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allocation of orders among qualified sheltered workshops, and otherwise to assist the1
council in performing its functions.2
D. The Department of Social Services Department of Health and Hospitals3
may adopt, promulgate, and enforce such rules and regulations as are necessary and4
appropriate to implement the provisions of this Section. The regulations shall be5
promulgated in accordance with the Administrative Procedure Act, R.S. 49:950 et6
seq.7
* * *8
Section 7. R.S. 40:1300.14(B)(introductory paragraph) and (13) are hereby amended9
and reenacted to read as follows: 10
§1300.14. Confidentiality of HIV test result; disclosure 11
* * *12
B. Notwithstanding the provisions of Subsection A of this Section, HIV test13
results may be released to the following: 14
* * *15
(13) An employee or agent who is authorized by the Department of Social16
Services, office of rehabilitative services Louisiana Workforce Commission to17
access records containing HIV test results in order to carry out the Department of18
Social Services, office of Louisiana Workforce Commission's vocational19
rehabilitative services functions, powers, and duties with respect to the protected20
patient.21
* * *22
Section 8. R.S. 46:51(2) and (10), 2116.1(1), (2), and (4), 2116.2(A),23
2351(A)(introductory paragraph), 2353, 2632(2), 2633(C) and (E), 2634(A) and (B)(1), and24
2635(B) are hereby amended and reenacted to read as follows:25
§51. Duties of the department 26
The Department of Social Services, through its secretary, shall administer the27
public assistance and welfare laws of the state, as follows: 28
* * *29 ENROLLEDHB NO. 1198
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(2) Administer and supervise all forms of public assistance including general1
home relief, outdoor and indoor care of persons in need, old age assistance, financial2
assistance to needy individuals, aid to dependent children, aid to the blind, aid to the3
crippled and otherwise handicapped, except medical and health services the4
responsibility for which is or may be vested by state law in other departments of the5
state government, and such other welfare activities or services as may be vested in6
it.7
* * *8
(10) Administer all public assistance funds, and child welfare funds, and9
funds for assistance to the handicapped; and estimate the moneys to be credited to10
the assistance fund from state and federal sources for the ensuing fiscal year and11
allocate the total amount estimated to be available.12
* * *13
§2116.1. Definitions14
As used in this Chapter, the following terms shall have the meaning ascribed15
to them in this Section, unless the context clearly requires otherwise: 16
(1) "Department" means the Department of Social Services Health and17
Hospitals. 18
(2) "Evaluation team" means the individuals who determine the eligibility19
of persons with significant disabilities for state personal assistance services pursuant20
to this Chapter and shall be designated by the director of Louisiana Rehabilitation21
Services assistant secretary of the office of aging and adult services within the22
department.23
* * *24
(4) "Secretary" means the secretary of the Department of Social Services25
Health and Hospitals. 26
* * *27 ENROLLEDHB NO. 1198
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§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
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§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 funding,17
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
§2634. Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board;21
creation; membership22
A. There is hereby created the Traumatic Head and Spinal Cord Injury Trust23
Fund Advisory Board within the Department of Social Services Health and24
Hospitals, office of rehabilitation aging and adult services.25 ENROLLEDHB NO. 1198
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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. Exemptions23
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 ENROLLEDHB NO. 1198
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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
programs and operations transferred from the Department of Social Services to the Louisiana30 ENROLLEDHB NO. 1198
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Workforce Commission by this Act shall continue to be effective, and the office of state1
register shall change all applicable references to the Department of Social Services to the2
Louisiana Workforce Commission and redesignate and renumber, as the need may be, all3
applicable provisions as are necessary to maintain continuity in the Louisiana Administrative4
Code.5
Section 13. The administrative rules contained in the Louisiana Administrative Code6
promulgated by the Department of Social Services which govern or are applicable to the7
programs and operations transferred from the Department of Social Services to the8
Department of Health and Hospitals by this Act shall continue to be effective, and the office9
of state register shall change all applicable references to the Department of Social Services10
to the Department of Health and Hospitals and redesignate and renumber, as the need may11
be, all applicable provisions as are necessary to maintain continuity in the Louisiana12
Administrative Code.13
Section 14. All monies held in the state treasury for the Blind Vendors Trust Fund14
on the effective date of this Act shall, upon that date, be transferred to the Louisiana15
Workforce Commission.16
Section 15. All monies held in the state treasury for the Louisiana Traumatic Head17
and Spinal Cord Injury Trust Fund on the effective date of this Act shall, upon that date, be18
transferred to the Department of Health and Hospitals.19
Section 16. All Department of Social Service contracts for the programs and20
activities transferred to the Louisiana Workforce Commission by this Act shall be deemed21
to have been transferred and assigned to the Louisiana Workforce Commission upon the22
effective date of this Act without the necessity of contractual amendment, and the Louisiana23
Workforce Commission shall be solely responsible for all related obligations and liabilities24
arising on or after that effective date.25
Section 17. In order to ensure continuity of services during the transition period, all26
Department of Social Services contracts related to the operation and administration of the27
programs transferred to the Department of Health and Hospitals shall be deemed to have28
been transferred and assigned to the Department of Health and Hospitals upon the effective29
date of this Act without the necessity of contractual amendment, and the Department of30 ENROLLEDHB NO. 1198
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Health and Hospitals shall be solely responsible for all related obligations and liabilities1
arising on or after that effective date.2
Section 18.(A) The provisions of R.S. 38:2261(D) of Section 5 of this Act shall3
become effective on January 1, 2011.4
(B) The provisions of R.S. 39:1595.4(C) and (D) of Section 6 of this Act shall5
become effective on January 1, 2011.6
Section 19. On or before July 1, 2011, and on or before July 1, 2012, the Department7
of Health and Hospitals and Louisiana Workforce Commission jointly shall submit a report8
to the House Committee on Health and Welfare and the Senate Committee on Health and9
Welfare indicating the actual cost of implementing the provisions of this Act.10
Section 20. Except as provided in Section 18, this Act shall become effective on July11
1, 2010; if vetoed by the governor and subsequently approved by the legislature, except as12
provided in Section 18, this Act shall become effective on July 1, 2010, or on the day13
following such approval by the legislature, whichever is later.14
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: