[nfbmi-talk] this is what was repealed by fiat

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Fri Feb 24 18:46:12 CST 2012

Public Act 260 of 1978 



       (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 


      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 


      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 


      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 


      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 



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