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Regular Session, 2014
SENATE BILL NO. 482
BY SENATORS HEITMEIER, JOHNS, MARTINY AND MURRAY
VOCATIONAL REHAB. Provides relative to the Louisiana Rehabilitation Services.
(gov sig)
AN ACT1
To amend and reenact R.S. 23:3001, 3021, the introductory paragraph of R.S. 23:3022,2
3023(A), (D), and (E), 3032(A), 3041, 3042(5), 3043(A) and (B), 3044(A), the3
introductory paragraph of (B), and (F), and 3045, and to enact R.S. 23:3022(8) and4
(9), 3023(F), (G), and (H), and 3042(8) and (9), and to repeal R.S. 23:3031, relative5
to Louisiana Rehabilitation Services; to provide for acceptance of federal act to6
promote vocational rehabilitation; to provide relative to prevention of blindness,7
vocational training, and rehabilitation; to provide relative to definitions; to provide8
relative to expenditures; to provide for an effective date; and to provide for related9
matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 23:3001, 3021, the introductory paragraph of R.S. 23:3022, 3023(A),12
(D), and (E), 3032(A), 3041, 3042(5), 3043(A) and (B), 3044(A), the introductory paragraph13
of (B), and (F), and 3045 are hereby amended and reenacted , and R.S. 23:3022(8) and (9),14
3023 (F), (G), and (H), and 3042(8) and (9) are hereby enacted to read as follows:15
§3001. Acceptance of federal act to promote vocational rehabilitation16
The state of Louisiana accepts the provisions and benefits of the act of17 SB NO. 482
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congress Act of Congress entitled "An act to provide for the promotion of vocational1
rehabilitation of persons disabled in industry or otherwise and their return to civil2
employment", 29 U.S.C.A. §701 U.S.C. 701 et seq., and will observe and comply3
with all requirements of such act.4
* * *5
§3021. Prevention of blindness, vocational training, and rehabilitation6
A. The Louisiana Workforce Commission Rehabilitation Services may7
establish and administer an adequate system of conservation of sight and prevention8
of blindness, vocational training, and rehabilitation for the blind and may make the9
such rules and regulations necessary for the efficient administration thereof.10
B. For purposes of this Part, a person who is blind means a person who,11
after examination by a licensed physician skilled in diseases of the eye or by a12
licensed optometrist, has been determined to have not more than 20/200 central13
visual acuity in the better eye with correcting lenses, or an equally disabling loss14
of the visual field as evidenced by a limitation to the field of vision in the better15
eye to such a degree that its widest diameter subtends an angle of no greater16
than twenty degrees.17
C. The Louisiana Rehabilitation Services shall submit quarterly reports18
and an annual report to the legislature on the performance of the agency's19
programs for blind persons. This annual report shall be submitted no later20
than sixty days prior to the convening of the regular legislative session.21
D. The Louisiana Rehabilitation Services shall be the designated state22
unit as defined by the Rehabilitation Act of 1973, 29 U.S.C. 701, et seq., as23
amended, and 34 CFR Part 361.24
§3022. Powers of the Louisiana Workforce Commission Rehabilitation Services25
The Louisiana Workforce Commission Rehabilitation Services may:26
* * *27
(8) Exercise all the duties and responsibilities of the designated state unit28
as defined by the Rehabilitation Act 1973, 29 U.S.C. 701, et seq., as amended,29 SB NO. 482
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and 34 CFR Part 361.1
(9) Act as the state licensing agency for the administration of the2
Randolph-Sheppard Act and the Business Enterprise Program.3
§3023. Preference Priority to individuals who are blind in operation of concessions4
in public buildings5
A. State agencies, boards, commissions, and institutions owning, maintaining,6
occupying, or controlling state property shall in all cases give preference priority7
to individuals who are blind, under the administration of the Louisiana Workforce8
Commission Rehabilitation Services, in the operation of vending stands, vending9
machines, cafeterias, and other small business concessions to be operated on the10
premises in the portions, or portions thereof, of properties that those state11
agencies, boards, commissions, and institutions own, maintain, occupy, or12
control. No other vending stands, vending machines, cafeterias, or small business13
concessions shall be operated on the same premises with vending stands, vending14
machines, cafeterias, or other small business concessions operated, or contemplated,15
under the provisions of this Section. No Except as provided under this Part and16
the Randolph-Sheppard Act, no individual who is blind, under this Subpart, shall17
be required to pay any involuntary fee, service charge, or equivalent thereof upon18
the operation of a vending stand, vending machines, cafeterias, and other small19
business concessions in public buildings or premises, nor shall an individual who is20
blind be disturbed in the security of the operation of the vending stand, vending21
machine, cafeteria, and other small business concession in any way, without22
reasonable or just cause.23
* * *24
D. The provisions of this Section shall not apply to the New Orleans Home25
and Rehabilitation Center or the Villa Feliciana Medical Complex within the26
Department of Health and Hospitals, when operating canteens, vending stands,27
vending machines, or other such vending services on the premises for clients and28
employees when such operations are provided directly by the institution. The29 SB NO. 482
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Louisiana Rehabilitation Services shall promulgate, pursuant to the1
Administrative Procedure Act, and enforce the rules and regulations necessary2
to establish employment and training targets for persons who are blind or3
otherwise disabled for all blind vendors employing greater than ten employees4
and for all businesses servicing facilities under this Part with greater than ten5
employees. Blind vendors and businesses servicing facilities under this Part6
operating under contracts and permits ratified or issued prior to promulgation7
of the rules and regulations shall be exempt from the rules and regulations.8
E. The Louisiana Workforce Commission Rehabilitation Services is hereby9
authorized to enter into contingency fee contracts for the identification, development,10
and generation of unassigned income from vending machines located on state,11
federal, and other property pursuant to the provisions of the Randolph-Sheppard Act12
and for the identification, development, and generation of job placement and13
training opportunities for persons who are blind or otherwise disabled on14
properties owned, maintained, occupied, or controlled by state agencies, boards,15
commissions, or other institutions. Any such contract shall be awarded pursuant16
to a request for proposals in accordance with Chapter 16 of Title 39 of the Louisiana17
Revised Statutes of 1950.18
F. For any claim or controversy between state agencies, boards,19
commissions, and institutions regarding the state priority for blind vendors, the20
generation of unassigned income, or the job placement and training of persons21
who are blind or disabled not resolved by mutual agreement, a full evidentiary22
hearing shall be conducted by an impartial and qualified official designated by23
the Louisiana Rehabilitation Services with no involvement or vested interest in24
the dispute at issue. The hearing officer shall make a written report of the25
evidence presented, the laws and rules used in determining a resolution, and the26
resolution itself. This report shall be issued to all parties within thirty calendar27
days of the conclusion of the full evidentiary hearing. The decision shall be final28
and conclusive unless fraudulent, or unless either party institutes a suit29 SB NO. 482
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pursuant to R.S. 23: 3023(G).1
G. The Nineteenth Judicial District Court, subject to appeal or review2
by the First Circuit Court of Appeal or by the Supreme Court, as otherwise3
permitted in civil cases by law and the state constitution, shall have jurisdiction4
over any matters in connection with a petition for review of a decision made5
pursuant to this Subpart, following the exhaustion of administrative remedies6
as provided by law or regulation.7
H. The Louisiana Rehabilitation Services shall provide each licensed8
blind vendor the opportunity for due process for any claim or controversy9
arising from the operation of the Business Enterprise Program in accordance10
with the Randolph-Sheppard Act.11
* * *12
§3032. Exemption of persons who are blind from license, privilege, or vocational13
tax; limitation14
A. Any person who is blind as defined in this Subpart Part may exercise the15
privileges of peddler, news dealer, or lunch counter operator, or may exercise the16
right to trade, traffic, or sell any merchandise, whether on foot, by vehicle, or in17
stores, when the stock of goods on hand, or the equipment or capital stock of the18
enterprises, never exceeds the sum of two thousand dollars. These privileges may be19
exercised in any of the parishes of the state, including incorporated towns and cities,20
without the payment of any license, privilege, or vocational tax, which is presently21
or may be hereafter imposed by law, by the state, or any parish or municipality.22
* * *23
§3041. Purpose24
The purpose of this Part is to provide for the enhancement of programs for25
persons disabled through blindness by the establishment of a trust fund in the state26
treasury to be funded by monies received by the Louisiana Workforce Commission27
through contractual arrangements with providers who place Rehabilitation Services28
from certain vending stands, vending machines, cafeterias, and other small29 SB NO. 482
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business concessions on state, federal, and other property pursuant to the1
Randolph-Sheppard Act and other sources. The purpose of the Blind Vendors2
Trust Fund is to provide assistance to Louisiana citizens who are legally blind and3
who participate in the Blind Enterprise Program established through the federal4
Randolph-Sheppard Act.5
§3042. Definitions6
As used in this Chapter, the following terms shall have the following7
meanings:8
* * *9
(5) "Department" means the Louisiana Workforce Commission10
Rehabilitation Services.11
* * *12
(8) "Active Participation" means an ongoing process of good faith13
negotiations between the Louisiana Rehabilitation Services and the Louisiana14
Blind Vendors Elected Committee to achieve joint planning of policies,15
procedures, standards, rules, and regulations affecting the overall operation of16
the Business Enterprise Program prior to implementation by the Louisiana17
Rehabilitation Services. The Louisiana Rehabilitation Services shall have final18
authority and responsibility in all decisions relative to the administration and19
operation of the Business Enterprise Program. Active participation shall20
include those things provided for in 34 CFR 395.14 (b)(1), (3), and (4).21
(9) "Management Services" means supervision, inspection, quality22
control, consultation, accounting, regulating, in-service training, and other23
related services provided on a systematic basis to support and improve vending24
facilities operated by blind vendors. Management services do not include those25
services or costs which pertain to the on-going operation of an individual facility26
after the initial establishment period.27
§3043. Blind Vendors Trust Fund28
A. There is hereby established a special fund in the state treasury to be known29 SB NO. 482
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as the Blind Vendors Trust Fund which shall consist of monies collected from certain1
vending stands, vending machines, cafeterias, and other small business2
concessions located on state, federal, and other property pursuant to the Randolph-3
Sheppard Act. The fund may receive monies from any source. In addition, the4
legislature may make annual appropriations to the trust fund for the purposes set5
forth in this Part.6
B. All monies collected under this Part shall be forwarded by the department7
to the state treasurer upon receipt. After deposit in the Bond Security and8
Redemption Fund as required by Article VII, Section 9(B) of the Constitution of9
Louisiana, an amount equal to all amounts so received shall be credited to the Blind10
Vendors Trust Fund account under the Louisiana Workforce Commission11
Rehabilitation Services.12
* * *13
§3044. Blind Vendors Trust Fund Advisory Board; creation; membership14
A. There is hereby created the Blind Vendors Trust Fund Advisory Board15
within the agency.16
B. The Blind Vendors Trust Fund Advisory Board shall be composed of nine17
members as follows:18
* * *19
F. The board shall actively participate with the agency in the following:20
(1) Advise and make recommendations to the agency for the promulgation21
of Promulgating policies, procedures, standards, rules, and regulations necessary22
to implement the provisions of this Part.23
(2) Monitor, evaluate, and review Monitoring, evaluating, and reviewing24
the development and quality of services and programs funded through the fund.25
(3) Developing an annual list of potential vending locations on state,26
federal, or other property.27
§3045. Expenditures28
A. Money in the trust fund from vending machines located on federal29 SB NO. 482
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property shall be distributed for the primary purpose of the establishment and1
maintenance of retirement or pension plans, for health insurance, and contributions2
for the provisions of paid sick leave and vacation time for blind vendors, if approved3
by majority vote of blind vendors licensed by the department after the department4
has provided to each vendor information on all matters relevant to such purposes.5
Income not expended for the primary purpose as set out in this Subsection shall be6
used for the maintenance and replacement of equipment, the purchase of new7
equipment, management services, and securing a fair return to vendors, or as8
provided by state or federal guidelines with the active participation of the Blind9
Vendors Trust Fund Board.10
B. Money in the trust fund from vending machines located on state-owned11
property or on property leased by the state or any state agency, or on other property12
shall be distributed for any purpose associated consistent with the provisions of the13
Randolph-Sheppard Act as may be determined by the department with the active14
participation of the Blind Vendors Trust Fund Board.15
* * *16
Section 2. The Louisiana Rehabilitation Services shall promulgate, pursuant to the17
Administrative Procedure Act, rules and regulations implementing the provisions of this Act18
no later than July 1, 2015.19
Section 3. R.S. 23:3031 is hereby repealed.20
Section 4. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 SB NO. 482
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The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Carla S. Roberts.
DIGEST
Heitmeier (SB 482)
Present law provides the state of Louisiana accepts an act of Congress to provide for the
promotion of vocational rehabilitation of persons disabled in industry or otherwise and their
return to civil employment.
Present law provides the La. Workforce Commission (LWC) may establish and administer
an adequate system of conservation of sight and prevention of blindness, vocational training,
and rehabilitation for the blind and may make the rules and regulations necessary for the
efficient administration thereof.
Proposed law retains present law but changes the administrator of the program from the La.
Workforce Commission to La. Rehabilitation Services.
Present law provides the term "any person who is blind" used in present law, shall extend
to any person, who is totally blind in both eyes, or to any person whose sight with the use
of both eyes is so impaired as to make the sense of sight of no practical benefit or help in the
pursuit of business, or in the course of earning a living.
Present law provides money in the trust fund from vending machines located on federal
property shall be distributed for the primary purpose of the establishment and maintenance
of retirement or pension plans, for health insurance, and contributions for the provisions of
paid sick leave and vacation time for blind vendors, if approved by majority vote of blind
vendors licensed by the department after the department has provided to each vendor
information on all matters relevant to such purposes. Present law further provides that
income not expended for the primary purpose as set out in present law shall be used for the
maintenance and replacement of equipment, the purchase of new equipment, management
services, and securing a fair return to vendors, or as provided by state or federal guidelines.
Present law provides money in the trust fund from vending machines located on state-owned
property or on property leased by the state or any state agency, or on other property shall be
distributed for any purpose associated with the provisions of the Randolph-Sheppard Act as
may be determined by LWC.
Proposed law clarifies that the vending machines or cafeterias are to be located on the
portions, or portions thereof, of properties that those state agencies, boards, commissions,
and institutions own, maintain, occupy, or control.
Proposed law provides that a person who is blind means a person who, after examination by
a licensed physician skilled in diseases of the eye or by a licensed optometrist, has been
determined to have not more than 20/200 central visual acuity in the better eye with
correcting lenses, or an equally disabling loss of the visual field as evidenced by a limitation
to the field of vision in the better eye to such a degree that its widest diameter subtends an
angle of no greater than twenty degrees.
Proposed law provides that the La. Rehabilitation Services shall submit quarterly reports and
an annual report to the legislature on the performance of the agency's programs for blind
persons. Proposed law provides that this annual report shall be submitted no later than sixty
days prior to the convening of the regular legislative session.
Proposed law provides that the Louisiana Rehabilitation Services shall be the designated
state unit as defined by the Rehabilitation Act of 1973. SB NO. 482
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words in boldface type and underscored are additions.
Present law provides that present law shall not apply to the New Orleans Home and
Rehabilitation Center or the Villa Feliciana Medical Complex within the Department of
Health and Hospitals, when operating canteens, vending stands, vending machines, or other
such vending services on the premises for clients and employees when such operations are
provided directly by the institution.
Proposed law removes prohibition and makes it applicable to the New Orleans Home and
Rehabilitation Center or the Villa Feliciana Medical Complex within the Department of
Health and Hospitals.
Proposed law provides that the Louisiana Rehabilitation Services shall promulgate, pursuant
to the APA, and enforce the rules and regulations necessary to establish employment and
training targets for persons who are blind or otherwise disabled for all blind vendors
employing greater than ten employees and for all businesses servicing facilities under
proposed law with greater than ten employees. Proposed law provides blind vendors and
businesses servicing facilities under this part operating under contracts and permits ratified
or issued prior to promulgation of said rules and regulations shall be exempt from said rules
and regulations.
Proposed law provides that, for any claim or controversy between state agencies, boards,
commissions, and institutions regarding the state priority for blind vendors, the generation
of unassigned income, or the job placement and training of persons who are blind or disabled
not resolved by mutual agreement, a full evidentiary hearing shall be conducted by an
impartial and qualified official designated by the Louisiana Rehabilitation Services with no
involvement or vested interest in the dispute at issue. Proposed law provides that the hearing
officer shall make a written report of the evidence presented, the laws and rules used in
determining a resolution, and the resolution itself. Proposed law provides that the report of
the hearing officer shall be issued to all parties within 30 calendar days of the hearing and
shall be final and conclusive unless fraudulent, or unless either party institutes a suit before
the 19
th
Judicial District Court.
Proposed law provides for definitions as follows:
(1)"Active Participation" means an ongoing process of good faith negotiations between
the La. Rehabilitation Services and the La. Blind Vendors Elected Committee to
achieve joint planning of policies, procedures, standards, rules, and regulations
affecting the overall operation of the Business Enterprise Program prior to
implementation by the La. Rehabilitation Services. The La. Rehabilitation Services
shall have final authority and responsibility in all decisions relative to the
administration and operation of the Business Enterprise Program.
(2)"Management Services" means supervision, inspection, quality control, consultation,
accounting, regulating, in-service training, and other related services provided on a
systematic basis to support and improve vending facilities operated by blind vendors.
Management services do not include those services or costs which pertain to the
on-going operation of an individual facility after the initial establishment period.
Present law provides for the Blind Vendors Trust Fund Advisory Board.
Proposed law retains present law but changes the board's mission from advisory in nature
to an active participant in promulgating of policies, procedures, standards, rules, and
regulations necessary to implement the provisions of proposed law and developing an
annual list of potential vending locations on state, federal, or other property.
Present law provides for a special fund in the state treasury to be known as the Blind
Vendors Trust Fund which shall consist of monies collected from certain vending machines,
located on state, federal, and other property pursuant to the Randolph-Sheppard Act. Present
law provides that the fund may receive monies from any source, including an appropriations SB NO. 482
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words in boldface type and underscored are additions.
from the legislature. Present law provides that all monies collected by the department shall
go to the state treasurer and shall be credited to the Blind Vendors Trust Fund account under
the Louisiana Workforce Commission.
Proposed law changes the Blind Vendors Trust Fund account from being under the La.
Workforce Commission to the La. Rehabilitation Services.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 23:3001, 3021, 3022(intro para), 3023(A), (D), and (E), 3032(A), 3041,
3042(5), 3043(A) and (B), 3044(A), (B)(intro para), and (F), and 3045; adds R.S. 23:3022(8)
and (9), 3023(F), (G), and (H), 3042(8) and (9); repeals R.S. 23:3031)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial
Relations to the original bill
1. Changes the administrator of the program from the La. Workforce
Commission to La. Rehabilitation Services.
2. Defines the criteria for a blind person to qualify for the program.
3. Requires the submission of an annual report.
4. Removes exemption as to the New Orleans Home and Rehabilitation Center
or the Villa Feliciana Medical Complex within the Department of Health and
Hospitals.
5. Requires La. Rehabilitation Services to promulgate rules and regulations.
6. Requires disputes to be heard before a hearing officer.
7. Provides for definitions.
8. Changes the advisory nature of the Blind Vendors Trust Fund Board.
9. Changes the Blind Vendors Trust Fund account from being under the La.
Workforce Commission to the La. Rehabilitation Services.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Adds cafeterias to operating list.
3. Provides that an individual who is blind will not be required to pay any
involuntary fee.