[nfbmi-talk] this is what was repealed by fiat
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Public Act 260 of 1978
www.michigan.gov
(To Print: use your browser's print function)Release Date: March 08, 2000
Last Update: August 13, 2007
Public Act 260 of 1978
Blind and Visually Handicapped Persons
Act 260 of 1978
AN ACT to revise and codify the laws relating to blind persons and
visually handicapped; to create a commission; to prescribe its powers and
duties and those of other state agencies relative to blind persons; to
provide services, education, training, and assistance to blind persons; to
regulate concessions operated by blind persons; to transfer powers, duties
functions, and appropriations; and to repeal certain acts and parts of
acts.
History: 1978, Act 260. Eff. Oct. 1, 1978.
The People of the State of Michigan enact:
393.351 Definitions.
Sec. 1. As used in this act:
(a) "Blind person" means an individual who has a visual acuity of 20/200
or less in the better eye with correction, or has a limitation of his or
her field of vision such that the widest diameter of the visual field
subtends an angular distance not greater than 20 degrees, as determined
by the commission.
(b) "Commission" means the commission for the blind.
(c) "Concession" means equipment or location which is being used, or may
be used to sell retail confections, tobaccos, papers, periodicals, and
other like merchandise, coffee, milk, soft drinks, wrapped ice cream,
wrapped sandwiches, wrapped baked goods, packaged salads and other
similar food items. Concession includes the operation of "quickie lunch
counters" for the dispensing of prepared foods in state buildings and
vending facilities.
(d) "Department" means the department of labor.
(e) "Director" means the director of the commission.
(f) "Vending facility" means an automatic vending machine, cafeteria,
snack bar, cart service, shelter, counter, or any other appropriate
auxiliary equipment as the commission may prescribe by rule as being
necessary for the sale of articles or services described in this act and
which may be operated by a blind licensee.
History: 1978, Act 260. Eff. Oct. 1, 1978.--Am. 1982, Act 224, Imd. Eff.
Sept. 14, 1982.
Compiler's note: For expiration of act, see §393.369.
393.352 Commission for blind; creation; appointment of members;
chairperson; appointment and evaluation of director of commission; terms,
compensation, and expenses of members; officers; quorum.
Sec. 2.(1) The commission for the blind is created in the department of
labor. The commission consists of 5 members appointed by the governor by
and with the advice and consent of the senate. Three of the members shall
be blind persons. One of the members shall be designated by the governor
to serve as the chairperson. The commission shall recommend to the
director of the department a person to serve as director of the commission
from a list of eligible persons certified and submitted by the department
of civil service who shall be classified as a civil service employee, and
the director of the department may appoint or reject that person. Should
that person be rejected, the procedure shall be repeated until a director
is appointed. The commission shall evaluate the performance of the
director annually and submit its evaluation and recommendations to the
director of the department.
(2) The members shall serve for terms of 3 years except of those members
first appointed, 2 shall serve for terms of 3 years, 2 for 2 years, and
1 shall serve for 1 year. A vacancy shall be filled in the same manner
as the original appointment for the balance of the unexpired term.
(3) The compensation and the schedule of reimbursement of expenses shall
be established annually by the legislature.
(4) The members shall elect their own officers as necessary.
(5) A majority of the members appointed constitutes a quorum.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.353 Services for determining cause and prevention of blindness;
examination to certify statutory blindness; treatment; cost; contract to
provide eye examinations.
Sec. 3.(1) The commission shall establish and maintain services as needed
for determining the cause and prevention of blindness. The examination to
certify statutory blindness may be performed by either an ophthalmologist
or physician skilled in the diseases of the eye; or a licensed
optometrist, whichever the person shall select. When a blind or partially
blind person can be benefited by treatment, the commission shall arrange
for the necessary treatment, with the consent of the person, by an
ophthalmologist or physician skilled in the diseases of the eye, a
licensed optometrist, or both. An examination shall be provided without
charge to the applicant for services to the blind. Unless other funds are
available, the examination, and treatment if provided, shall be paid for
by the commission.
(2) The commission may contract with the department of social services
or the department of public health to provide eye examinations for
applicants for aid to the blind.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.354 Services to assist visually handicapped persons; fee; duties of
commission generally.
Sec. 4.(1) The commission shall maintain a program of services to assist
visually handicapped persons to overcome vocational handicaps and to
obtain the maximum degree of self-support and self-care. Services provided
for under this section may be furnished to clients from other agencies of
this or other states for a fee which shall not be less than the actual
costs of the services.
(2) The commission shall:
(a) Furnish diagnostic evaluation to determine the nature and scope of
services to be provided.
(b) Provide physical restoration to eliminate or minimize the effects
of the handicap.
(c) Provide for special education or training in the professions,
businesses, or trades under a vocational rehabilitation plan. The
commission may furnish living maintenance during the period of the
education or training within or without the state.
(d) Provide services to blind persons in accordance with the
rehabilitation act of 1973, 29 U.S.C. 701 to 794.
(e) Establish, construct, or maintain rehabilitation centers, training
centers, or workshops to teach visually handicapped persons to prepare
for and maintain trades or occupations when the training is feasible
and will contribute to the efficiency or support of the visually
handicapped persons.
(f) Provide teacher-counselor services and teaching of subjects which
will assist visually handicapped persons in the ease and enjoyment of
daily living.
(g) Place visually handicapped persons in jobs or business enterprises
in accordance with the abilities and interests of the applicant.
(h) Teach visually handicapped persons trades or occupations which may
be followed in their homes and to assist them in whatever manner may
seem advisable in disposing of the products of their home industries.
(i) Aid individual visually handicapped persons or groups of visually
handicapped persons to engage in gainful occupations by furnishing
materials, equipment, goods or services to them, by providing
financial assistance as necessary to encourage and equip them to reach
an objective established with them by the commission.
(j) Provide rehabilitation services for blind persons who are senior
citizens so that they may reside within a community.
(k) Provide other rehabilitative goods and services as appropriate to
each individual circumstance.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.355 Additional duties of commission.
Sec. 5. The commission shall do all of the following:
(a) Cooperate with other departments, agencies, and institutions, both
public and private, in providing for the rehabilitation of blind
persons, in studying problems relative to blind persons, and in
establishing, developing, and providing necessary programs, facilities
and services.
(b) Enter into reciprocal arrangements with other states to provide for
the rehabilitation of residents of the states concerned.
(c) Conduct research and compile statistics relating to the
rehabilitation of blind persons.
(d) Provide social adjustment, guidance, counsel, mobility training, and
employment adjustment of blind persons in their home communities.
(e) Provide surveys of employment opportunities for blind persons and
the placement of blind persons in employment not otherwise provided for.
(f) Regulate concessions reserved for operation by blind persons
pursuant to this act.
(g) Promulgate rules pursuant to Act No. 306 of the Public Acts of 1969,
as amended, being sections 24.201 to 24.315 of the Michigan Compiled
Laws, for the implementation and administration of this act.
History: 1978, Act 260. Eff. Oct. 1, 1978.--Am. 1982, Act 224, Imd. Eff.
Sept. 14, 1982.
393.356 Employment and duties of educational consultants; informing
commission of schools with visually handicapped students; liaison and
program coordination.
Sec. 6.(1) The commission may employ qualified educational consultants to
assist public or private school teachers responsible for teaching visually
handicapped students. Educational consultants shall assist public and
private school teachers by providing methods and materials for teaching
visually handicapped students. The superintendent of public instruction
shall inform the commission of the schools in which visually handicapped
students are enrolled.
(2) The director or a person designated by the director shall be the
liaison between the commission, the schools for the blind, and the
superintendent of public instruction, and shall coordinate all programs
affecting blind students.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.357 Contributions or gifts; acceptance; expenditure; stipulation of
donor.
Sec. 7. The commission may accept contributions or gifts in cash or
otherwise from persons, associations, or corporations. Contributions and
gifts shall be expended as provided by law, in the same manner as moneys
appropriated for implementing the purposes of this act. The donor of the
gift may stipulate the manner in which the gift shall be expended within
the guidelines of this act.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.358 Powers of commission pursuant to state-federal agreements.
Sec. 8. The commission, pursuant to state-federal agreements, may
cooperate with the federal government in carrying out the purposes of a
federal statute or regulation, not in conflict with state law, which
pertains to rehabilitation of blind persons; may adopt methods of
administration, not in conflict with state law, which are necessary for
the proper and efficient operation of the agreements or plans for
rehabilitation of blind persons; and may comply with conditions, not in
conflict with state law, which are necessary to secure the full benefits
of federal statute.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.359 Concessions in state buildings or on state property; operation by
blind persons; plans; location of concessions.
Sec. 9. A concession in a building or on property owned or occupied by
this state shall be operated by a blind person, regardless of race, creed,
color, sex, marital status, or religious preference, except in cases
provided for in section 10. The building division of the department of
management and budget shall submit plans relative to concessions in state
buildings or on state property to the commission, which shall have the
final authority relative to the location of concessions.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.360 Act inapplicable to certain concessions; sighted person operating
concession under contract or lease, or operating concession not applied
for by blind person.
Sec. 10.(1) This act shall not apply to a concession operated in
connection with the state fair, with the use of state fairgrounds, with a
state educational institution, state penal institution, military
establishment, armory, or state park.
(2) A sighted person operating a concession under contract or lease at
the time this act becomes effective shall not be required to surrender
the rights before the contract or lease expires.
(3) A sighted person operating a concession which has not been applied
for by a blind person may be permitted to continue in charge until the
concession is applied for and a qualified blind person is chosen to
operate the concession.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.361 Concessions; qualifications of applicant; limitation on number.
Sec. 11. The qualifications of an applicant to operate a concession shall
be determined according to qualifications established by the commission. A
blind person shall not operate more than 1 concession.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.362 Contract or lease of veteran with service-connected disability not
affected.
Sec. 12. This act shall not be construed to affect the contract or lease
of world war I, world war II, Spanish-American war, Korean conflict, or
Vietnam era conflict veteran having a service-connected disability
recognized by the veterans' administration of the federal government, or a
renewal of that contract or lease.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.363 Implementation of Randolph-Sheppard vending stand act.
Sec. 13. The commission shall be the state agency for implementing the
Randolph-Sheppard vending stand act, 20 U.S.C. 107 to 107f.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.364 Identification card; issuance; contents.
Sec. 14.(1) Upon request, the department of state shall issue to legally
blind persons, as defined by the standards of the commission, an
identification card attesting to the fact that the person to whom the card
is issued is legally blind.
(2) The identification card shall bear the name, signature, birth date,
address, and photograph of the person to whom issued.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.365 Conducting business at public meeting; notice; availability of
writings to public.
Sec. 15.(1) The business which the commission or any committee appointed
under this act may perform shall be conducted at a public meeting of the
commission or committee held in compliance with Act No. 267 of the Public
Acts of 1976, being sections 15.261 to 15,275 of the Michigan Compiled
Laws. Public notice of the time, date, and place of the meeting shall be
given in the manner required by Act No. 267 of the Public Acts of 1976.
(2) A writing prepared, owned, used, in the possession of, or retained
by the commission in the performance of an official function shall be
made available to the public in compliance with Act No. 442 of the
Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan
Compiled Laws.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.366 Transfer of personnel, equipment, and unexpended appropriations;
transfer of powers, duties, and functions.
Sec. 16.(1) The personnel serving in and the equipment and unexpended
appropriations of the office of services to the blind in the department of
social services is transferred to the commission.
(2) All powers, duties, and functions vested by law in the department of
social services relative to the office of services to the blind are
transferred to the commission.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.367 Repeal of §§393.251 to 393.258, 393.271 to 393.276, and 393.301 to
393.303.
Sec. 17. Act No. 140 of the Public Acts of 1911, being sections 393.251 to
393.258 of the Compiled Laws of 1970, Act No. 14 of the Public Acts of
1939, being sections 393.271 to 393.276 of the Compiled Laws of 1970 and
Act No. 95 of the Public Acts of 1967, being sections 393.301 to 393.303
of the Compiled Laws of 1970, are repealed.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.368 Effective date.
Sec. 18. This act shall take effect October 1, 1978.
History: 1978, Act 260. Eff. Oct. 1, 1978.
393.369 Repealed. 1983, Act 141, Imd. Eff. July 18, 1983.
Compiler's note: The repealed section pertained to the expiration of the
act.
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