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Regular Session, 2014 ENROLLED
SENATE BILL NO. 482
BY SENATORS HEITMEIER, JOHNS, MARTINY AND MURRAY
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 (I), and 3042(8) and (9), and to repeal R.S. 23:3031,5
relative to Louisiana Rehabilitation Services; to provide for acceptance of federal act6
to 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 (I), 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
congress Act of Congress entitled "An act to provide for the promotion of vocational18
rehabilitation of persons disabled in industry or otherwise and their return to civil19
employment", 29 U.S.C.A. §701 U.S.C. 701 et seq., and will observe and comply20
with all requirements of such act.21
* * *22
§3021. Prevention of blindness, vocational training, and rehabilitation23
A. The Louisiana Workforce Commission Rehabilitation Services may24
establish and administer an adequate system of conservation of sight and prevention25
of blindness, vocational training, and rehabilitation for the blind and may make the26
ACT No. 761 SB NO. 482 ENROLLED
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such rules and regulations necessary for the efficient administration thereof.1
B. For purposes of this Part, a person who is blind means a person who,2
after examination by a licensed physician skilled in diseases of the eye or by a3
licensed optometrist, has been determined to have not more than 20/200 central4
visual acuity in the better eye with correcting lenses, or an equally disabling loss5
of the visual field as evidenced by a limitation to the field of vision in the better6
eye to such a degree that its widest diameter subtends an angle of no greater7
than twenty degrees.8
C. Louisiana Rehabilitation Services shall submit quarterly reports and9
an annual report to the legislature on the performance of the agency's programs10
for blind persons. This annual report shall be submitted no later than sixty11
days prior to the convening of the regular legislative session.12
D. Louisiana Rehabilitation Services shall be the designated state unit13
as defined by the Rehabilitation Act of 1973, 29 U.S.C. 701, et seq., as amended,14
and 34 CFR Part 361.15
§3022. Powers of the Louisiana Workforce Commission Rehabilitation Services16
The Louisiana Workforce Commission Rehabilitation Services may:17
* * *18
(8) Exercise all the duties and responsibilities of the designated state unit19
as defined by the Rehabilitation Act 1973, 29 U.S.C. 701, et seq., as amended,20
and 34 CFR Part 361.21
(9) Act as the state licensing agency for the administration of the22
Randolph-Sheppard Act and the Business Enterprise Program.23
§3023. Preference Priority to individuals who are blind in operation of concessions24
in public buildings25
A. State agencies, boards, commissions, and institutions owning,26
maintaining, occupying, or controlling state property shall in all cases give27
preference priority to individuals who are blind, under the administration of the28
Louisiana Workforce Commission Rehabilitation Services, in the operation of29
vending stands, vending machines, cafeterias, and other small business concessions30 SB NO. 482 ENROLLED
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to be operated on the premises in the portions, or portions thereof, of properties1
that those state agencies, boards, commissions, and institutions own, maintain,2
occupy, or control. No other vending stands, vending machines, cafeterias, or small3
business concessions shall be operated on the same premises with vending stands,4
vending machines, cafeterias, or other small business concessions operated, or5
contemplated, under the provisions of this Section. No Except as provided under6
this Part and the Randolph-Sheppard Act, no individual who is blind, under this7
Subpart, shall be required to pay any involuntary fee, service charge, or equivalent8
thereof upon the operation of a vending stand, vending machines, cafeterias, and9
other small business concessions in public buildings or premises, nor shall an10
individual who is blind be disturbed in the security of the operation of the vending11
stand, vending machine, cafeteria, and other small business concession in any way,12
without reasonable or just cause.13
* * *14
D. The provisions of this Section shall not apply to the New Orleans Home15
and Rehabilitation Center or the Villa Feliciana Medical Complex within the16
Department of Health and Hospitals, when operating canteens, vending stands,17
vending machines, or other such vending services on the premises for clients and18
employees when such operations are provided directly by the institution. Louisiana19
Rehabilitation Services shall promulgate, pursuant to the Administrative20
Procedure Act, and enforce the rules and regulations necessary to establish21
employment and training targets for persons who are blind or otherwise22
disabled for all blind vendors employing greater than ten employees and for all23
businesses servicing facilities under this Part with greater than ten employees.24
Blind vendors and businesses servicing facilities under this Part operating25
under contracts and permits ratified or issued prior to promulgation of the26
rules and regulations shall be exempt from the rules and regulations.27
E. The Louisiana Workforce Commission Rehabilitation Services is hereby28
authorized to enter into contingency fee contracts for the identification, development,29
and generation of unassigned income from vending machines located on state,30 SB NO. 482 ENROLLED
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federal, and other property pursuant to the provisions of the Randolph-Sheppard Act1
and for the identification, development, and generation of job placement and2
training opportunities for persons who are blind or otherwise disabled on3
properties owned, maintained, occupied, or controlled by state agencies, boards,4
commissions, or other institutions. Any such contract shall be awarded pursuant5
to a request for proposals in accordance with Chapter 16 of Title 39 of the Louisiana6
Revised Statutes of 1950.7
F. For any claim or controversy between state agencies, boards,8
commissions, and institutions regarding the state priority for blind vendors, the9
generation of unassigned income, or the job placement and training of persons10
who are blind or disabled not resolved by mutual agreement, a full evidentiary11
hearing shall be conducted by an impartial and qualified official designated by12
Louisiana Rehabilitation Services with no involvement or vested interest in the13
dispute at issue. The hearing officer shall make a written report of the evidence14
presented, the laws and rules used in determining a resolution, and the15
resolution itself. This report shall be issued to all parties within thirty calendar16
days of the conclusion of the full evidentiary hearing. The decision shall be final17
and conclusive unless fraudulent, or unless either party institutes a suit18
pursuant to R.S. 23:3023(G).19
G. The Nineteenth Judicial District Court, subject to appeal or review20
by the First Circuit Court of Appeal or by the Supreme Court, as otherwise21
permitted in civil cases by law and the state constitution, shall have jurisdiction22
over any matters in connection with a petition for review of a decision made23
pursuant to this Subpart, following the exhaustion of administrative remedies24
as provided by law or regulation.25
H. Louisiana Rehabilitation Services shall provide each licensed blind26
vendor the opportunity for due process for any claim or controversy arising27
from the operation of the Business Enterprise Program in accordance with the28
Randolph-Sheppard Act.29
I. The provisions of this Section shall not apply to any twenty-four hour30 SB NO. 482 ENROLLED
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residential healthcare facility within the Department of Health and Hospitals.1
* * *2
§3032. Exemption of persons who are blind from license, privilege, or vocational3
tax; limitation4
A. Any person who is blind as defined in this Subpart Part may exercise the5
privileges of peddler, news dealer, or lunch counter operator, or may exercise the6
right to trade, traffic, or sell any merchandise, whether on foot, by vehicle, or in7
stores, when the stock of goods on hand, or the equipment or capital stock of the8
enterprises, never exceeds the sum of two thousand dollars. These privileges may be9
exercised in any of the parishes of the state, including incorporated towns and cities,10
without the payment of any license, privilege, or vocational tax, which is presently11
or may be hereafter imposed by law, by the state, or any parish or municipality.12
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§3041. Purpose14
The purpose of this Part is to provide for the enhancement of programs for15
persons disabled through blindness by the establishment of a trust fund in the state16
treasury to be funded by monies received by the Louisiana Workforce Commission17
through contractual arrangements with providers who place Rehabilitation Services18
from certain vending stands, vending machines, cafeterias, and other small19
business concessions on state, federal, and other property pursuant to the20
Randolph-Sheppard Act and other sources. The purpose of the Blind Vendors21
Trust Fund is to provide assistance to Louisiana citizens who are legally blind and22
who participate in the Blind Enterprise Program established through the federal23
Randolph-Sheppard Act.24
§3042. Definitions25
As used in this Chapter, the following terms shall have the following26
meanings:27
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(5) "Department" means the Louisiana Workforce Commission29
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(8) "Active Participation" means an ongoing process of good-faith2
negotiations between Louisiana Rehabilitation Services and the Louisiana Blind3
Vendors Elected Committee to achieve joint planning of policies, procedures,4
standards, rules, and regulations affecting the overall operation of the Business5
Enterprise Program prior to implementation by Louisiana Rehabilitation6
Services. Louisiana Rehabilitation Services shall have final authority and7
responsibility in all decisions relative to the administration and operation of the8
Business Enterprise Program. Active participation shall include the9
requirements set forth in 34 CFR 395.14 (b)(1), (3), and (4).10
(9) "Management Services" means supervision, inspection, quality11
control, consultation, accounting, regulating, in-service training, and other12
related services provided on a systematic basis to support and improve vending13
facilities operated by blind vendors. Management services do not include those14
services or costs which pertain to the on-going operation of an individual facility15
after the initial establishment period.16
§3043. Blind Vendors Trust Fund17
A. There is hereby established a special fund in the state treasury to be18
known as the Blind Vendors Trust Fund which shall consist of monies collected from19
certain vending stands, vending machines, cafeterias, and other small business20
concessions located on state, federal, and other property pursuant to the Randolph-21
Sheppard Act. The fund may receive monies from any source. In addition, the22
legislature may make annual appropriations to the trust fund for the purposes set23
forth in this Part.24
B. All monies collected under this Part shall be forwarded by the department25
to the state treasurer upon receipt. After deposit in the Bond Security and26
Redemption Fund as required by Article VII, Section 9(B) of the Constitution of27
Louisiana, an amount equal to all amounts so received shall be credited to the Blind28
Vendors Trust Fund account under the Louisiana Workforce Commission29
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§3044. Blind Vendors Trust Fund Advisory Board; creation; membership2
A. There is hereby created the Blind Vendors Trust Fund Advisory Board3
within the agency.4
B. The Blind Vendors Trust Fund Advisory Board shall be composed of nine5
members as follows:6
* * *7
F. The board shall actively participate with the agency in the following:8
(1) Advise and make recommendations to the agency for the promulgation9
of Promulgating policies, procedures, standards, rules, and regulations necessary10
to implement the provisions of this Part.11
(2) Monitor, evaluate, and review Monitoring, evaluating, and reviewing12
the development and quality of services and programs funded through the fund.13
(3) Developing an annual list of potential vending locations on state,14
federal, or other property.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 with the active participation of the Blind26
Vendors Trust Fund Board.27
B. Money in the trust fund from vending machines located on state-owned28
property or on property leased by the state or any state agency, or on other property29
shall be distributed for any purpose associated consistent with the provisions of the30 SB NO. 482 ENROLLED
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Randolph-Sheppard Act as may be determined by the department with the active1
participation of the Blind Vendors Trust Fund Board.2
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Section 2. Louisiana Rehabilitation Services shall promulgate, pursuant to the4
Administrative Procedure Act, rules and regulations implementing the provisions of this Act5
no later than July 1, 2015.6
Section 3. R.S. 23:3031 is hereby repealed in its entirety.7
Section 4. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: