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<DIV><FONT face=Arial size=2>Below is the text of the Blind And Visually
Disabled Persons Act of 1978. Those of us who truly care about the BEP may
wish to pay special attention to sections 9 and beyond.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Your thoughts are welcome.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Joe Sontag</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>BLIND AND VISUALLY DISABLED PERSONS<BR>Act 260 of
1978<BR>AN ACT to revise and codify the laws relating to blind persons and
persons with a<BR>visual disability; to create a commission; to prescribe its
powers and duties and<BR>those of other state agencies relative to blind
persons; to provide services, education,<BR>training, and assistance to blind
persons; to regulate concessions operated by blind<BR>persons; to transfer
powers, duties, functions, and appropriations; and to repeal<BR>acts and parts
of acts.<BR>History: 1978, Act 260, Eff. Oct. 1, 1978 ;-- Am. 1998, Act 44, Imd.
Eff. Mar. 18,<BR>1998<BR>© 2009 Legislative Council, State of Michigan<BR>The
People of the State of Michigan enact:<BR>393.351 Definitions.<BR>Sec. 1.<BR>As
used in this act:<BR>(a) “Blind person” means an individual who has a visual
acuity of 20/200 or less<BR>in the better eye with correction, or has a
limitation of his or her field of vision<BR>such that the widest diameter of the
visual field subtends an angular distance not<BR>greater than 20 degrees, as
determined by the commission.<BR>(b) “Commission” means the commission for the
blind.<BR>(c) “Concession” means equipment or location which is being used, or
may be used<BR>to sell retail confections, tobaccos, papers, periodicals, and
other like merchandise,<BR>coffee, milk, soft drinks, wrapped ice cream, wrapped
sandwiches, wrapped baked goods,<BR>packaged salads and other similar food
items. Concession includes the operation of<BR>“quickie lunch counters” for the
dispensing of prepared foods in state buildings<BR>and vending
facilities.<BR>(d) “Department” means the department of labor.<BR>(e) “Director”
means the director of the commission.<BR>(f) “Vending facility” means an
automatic vending machine, cafeteria, snack bar,<BR>cart service, shelter,
counter, or any other appropriate auxiliary equipment as the<BR>commission may
prescribe by rule as being necessary for the sale of articles or
services<BR>described in this act and which may be operated by a blind
licensee.<BR>History: 1978, Act 260, Eff. Oct. 1, 1978 ;-- Am. 1982, Act 224,
Imd. Eff. Sept.<BR>14, 1982<BR>Compiler's Notes:<BR> For transfer of powers
and duties of the commission for the blind from the department<BR>of labor to
the family independence agency, see E.R.O. No. 1996-2, compiled at
MCL<BR>445.2001 of the Michigan Compiled Laws.For transfer of powers and duties
of the commission<BR>for the blind from the family independence agency, or its
director, to the department<BR>of labor and economic growth, or its director, by
Type II transfer, see E.R.O. No.<BR>2003-1, compiled at MCL 445.2011.<BR>Admin
Rule: R 393.101 et seq. of the Michigan Administrative Code.<BR>© 2009
Legislative Council, State of Michigan<BR>393.352 Commission for blind;
creation; appointment of members; chairperson; appointment<BR>and evaluation of
director of commission; terms, compensation, and expenses of
members;<BR>officers; quorum.<BR>Sec. 2.<BR>(1) The commission for the blind is
created in the department of labor. The commission<BR>consists of 5 members
appointed by the governor by and with the advice and consent<BR>of the senate.
Three of the members shall be blind persons. One of the members shall<BR>be
designated by the governor to serve as the chairperson. The commission shall
recommend<BR>to the director of the department a person to serve as director of
the commission<BR>from a list of eligible persons certified and submitted by the
department of civil<BR>service who shall be classified as a civil service
employee, and the director of<BR>the department may appoint or reject that
person. Should that person be rejected,<BR>the procedure shall be repeated until
a director is appointed. The commission shall<BR>evaluate the performance of the
director annually and submit its evaluation and recommendations<BR>to the
director of the department.<BR>(2) The members shall serve for terms of 3 years
except of those members first appointed,<BR>2 shall serve for terms of 3 years,
2 for 2 years, and 1 shall serve for 1 year.<BR>A vacancy shall be filled in the
same manner as the original appointment for the<BR>balance of the unexpired
term.<BR>(3) The compensation and the schedule of reimbursement of expenses
shall be established<BR>annually by the legislature.<BR>(4) The members shall
elect their own officers as necessary.<BR>(5) A majority of the members
appointed constitutes a quorum.<BR>History: 1978, Act 260, Eff. Oct. 1,
1978<BR>Compiler's Notes:<BR> For transfer of powers and duties of the
commission for the blind from the family<BR>independence agency, or its
director, to the department of labor and economic growth,<BR>or its director, by
Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>© 2009
Legislative Council, State of Michigan<BR>393.353 Services for determining cause
and prevention of blindness; examination to<BR>certify statutory blindness;
treatment; cost; contract to provide eye examinations.<BR>Sec. 3.<BR>(1) The
commission shall establish and maintain services as needed for
determining<BR>the cause and prevention of blindness. The examination to certify
statutory blindness<BR>may be performed by either an ophthalmologist or
physician skilled in the diseases<BR>of the eye; or a licensed optometrist,
whichever the person shall select. When a<BR>blind or partially blind person can
be benefited by treatment, the commission shall<BR>arrange for the necessary
treatment, with the consent of the person, by an ophthalmologist<BR>or physician
skilled in the diseases of the eye, a licensed optometrist, or both.<BR>An
examination shall be provided without charge to the applicant for services
to<BR>the blind. Unless other funds are available, the examination, and
treatment if provided,<BR>shall be paid for by the commission.<BR>(2) The
commission may contract with the department of social services or the
department<BR>of public health to provide eye examinations for applicants for
aid to the blind.<BR>History: 1978, Act 260, Eff. Oct. 1, 1978<BR>Compiler's
Notes:<BR> For transfer of powers and duties of the commission for the
blind from the family<BR>independence agency, or its director, to the department
of labor and economic growth,<BR>or its director, by Type II transfer, see
E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>© 2009 Legislative Council,
State of Michigan<BR>393.354 Services to assist persons with visual disability;
fee; duties of commission<BR>generally.<BR>Sec. 4.<BR>(1) The commission shall
maintain a program of services to assist persons with a<BR>visual disability to
overcome vocational disabilities and to obtain the maximum degree<BR>of
self-support and self-care. Services provided for under this section may be
furnished<BR>to clients from other agencies of this or other states for a fee
which shall not<BR>be less than the actual costs of the services.<BR>(2) The
commission shall:<BR>(a) Furnish diagnostic evaluation to determine the nature
and scope of services to<BR>be provided.<BR>(b) Provide physical restoration to
eliminate or minimize the effects of the disability.<BR>(c) Provide for special
education or training in the professions, businesses, or<BR>trades under a
vocational rehabilitation plan. The commission may furnish living<BR>maintenance
during the period of the education or training within or without
the<BR>state.<BR>(d) Provide services to blind persons in accordance with the
rehabilitation act of<BR>1973, Public Law 93-112, 29 U.S.C. 701 to 707, 709 to
718b, 720 to 750, 753 to 753a,<BR>760 to 762, 765, 770, 771a to 777b, 777d to
777f, 780, 781 to 785, 791 to 794e, 795<BR>to 795r, 796 to 796f-6, 796j to 796l,
and 797 to 797b.<BR>(e) Establish, construct, or maintain rehabilitation
centers, training centers, or<BR>workshops to teach persons with visual
disabilities to prepare for and maintain trades<BR>or occupations when the
training is feasible and will contribute to the efficiency<BR>or support of the
persons with visual disabilities.<BR>(f) Provide teacher-counselor services and
teaching of subjects which will assist<BR>persons with visual disabilities in
the ease and enjoyment of daily living.<BR>(g) Place persons with visual
disabilities in jobs or business enterprises in accordance<BR>with the abilities
and interests of the applicant.<BR>(h) Teach persons with visual disabilities
trades or occupations which may be followed<BR>in their homes and to assist them
in whatever manner may seem advisable in disposing<BR>of the products of their
home industries.<BR>(i) Aid individual persons with visual disabilities or
groups of persons with visual<BR>disabilities to engage in gainful occupations
by furnishing materials, equipment,<BR>goods, or services to them, by providing
financial assistance as necessary to encourage<BR>and equip them to reach an
objective established with them by the commission.<BR>(j) Provide rehabilitation
services for blind persons who are senior citizens so<BR>that they may reside
within a community.<BR>(k) Provide other rehabilitative goods and services as
appropriate to each individual<BR>circumstance.<BR>History: 1978, Act 260, Eff.
Oct. 1, 1978 ;-- Am. 1998, Act 44, Imd. Eff. Mar. 18,<BR>1998<BR>Compiler's
Notes:<BR> For transfer of powers and duties of the commission for the
blind from the family<BR>independence agency, or its director, to the department
of labor and economic growth,<BR>or its director, by Type II transfer, see
E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>© 2009 Legislative Council,
State of Michigan<BR>393.355 Additional duties of commission.<BR>Sec. 5.<BR>The
commission shall do all of the following:<BR>(a) Cooperate with other
departments, agencies, and institutions, both public and<BR>private, in
providing for the rehabilitation of blind persons, in studying
problems<BR>relative to blind persons, and in establishing, developing, and
providing necessary<BR>programs, facilities, and services.<BR>(b) Enter into
reciprocal arrangements with other states to provide for the
rehabilitation<BR>of residents of the states concerned.<BR>(c) Conduct research
and compile statistics relating to the rehabilitation of
blind<BR>persons.<BR>(d) Provide social adjustment, guidance, counsel, mobility
training, and employment<BR>adjustment of blind persons in their home
communities.<BR>(e) Provide surveys of employment opportunities for blind
persons and the placement<BR>of blind persons in employment not otherwise
provided for.<BR>(f) Regulate concessions reserved for operation by blind
persons pursuant to this<BR>act.<BR>(g) Promulgate rules pursuant to Act No. 306
of the Public Acts of 1969, as amended,<BR>being sections 24.201 to 24.315 of
the Michigan Compiled Laws, for the implementation<BR>and administration of this
act.<BR>History: 1978, Act 260, Eff. Oct. 1, 1978 ;-- Am. 1982, Act 224, Imd.
Eff. Sept.<BR>14, 1982<BR>Compiler's Notes:<BR> For transfer of powers and
duties of the commission for the blind from the family<BR>independence agency,
or its director, to the department of labor and economic growth,<BR>or its
director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL
445.2011.<BR>Admin Rule: R 393.101 et seq. and R 393.201 et seq. of the Michigan
Administrative<BR>Code.<BR>© 2009 Legislative Council, State of
Michigan<BR>393.356 Employment and duties of educational consultants; assistance
to students<BR>with visual disabilities; liaison and program
coordination.<BR>Sec. 6.<BR>(1) The commission may employ qualified educational
consultants to assist public<BR>or private school teachers responsible for
teaching students with visual disabilities.<BR>Educational consultants shall
assist public and private school teachers by providing<BR>methods and materials
for teaching students with visual disabilities. The superintendent<BR>of public
instruction shall inform the commission of the schools in which students<BR>with
visual disabilities are enrolled.<BR>(2) The director or a person designated by
the director shall be the liaison between<BR>the commission, the schools for the
blind, and the superintendent of public instruction,<BR>and shall coordinate all
programs affecting blind students.<BR>History: 1978, Act 260, Eff. Oct. 1, 1978
;-- Am. 1998, Act 44, Imd. Eff. Mar. 18,<BR>1998<BR>Compiler's
Notes:<BR> For transfer of powers and duties of the commission for the
blind from the family<BR>independence agency, or its director, to the department
of labor and economic growth,<BR>or its director, by Type II transfer, see
E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>© 2009 Legislative Council,
State of Michigan<BR>393.357 Contributions or gifts; acceptance; expenditure;
stipulation of donor.<BR>Sec. 7.<BR>The commission may accept contributions or
gifts in cash or otherwise from persons,<BR>associations, or corporations.
Contributions and gifts shall be expended as provided<BR>by law, in the same
manner as moneys appropriated for implementing the purposes of<BR>this act. The
donor of the gift may stipulate the manner in which the gift shall<BR>be
expended within the guidelines of this act.<BR>History: 1978, Act 260, Eff. Oct.
1, 1978<BR>Compiler's Notes:<BR> For transfer of powers and duties of the
commission for the blind from the family<BR>independence agency, or its
director, to the department of labor and economic growth,<BR>or its director, by
Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>© 2009
Legislative Council, State of Michigan<BR>393.358 Powers of commission pursuant
to state-federal agreements.<BR>Sec. 8.<BR>The commission, pursuant to
state-federal agreements: may cooperate with the federal<BR>government in
carrying out the purposes of a federal statute or regulation, not in<BR>conflict
with state law, which pertains to rehabilitation of blind persons; may
adopt<BR>methods of administration, not in conflict with state law, which are
necessary for<BR>the proper and efficient operation of the agreements or plans
for rehabilitation<BR>of blind persons; and may comply with conditions, not in
conflict with state law,<BR>which are necessary to secure the full benefits of
federal statute.<BR>History: 1978, Act 260, Eff. Oct. 1, 1978<BR>Compiler's
Notes:<BR> For transfer of powers and duties of the commission for the
blind from the family<BR>independence agency, or its director, to the department
of labor and economic growth,<BR>or its director, by Type II transfer, see
E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>© 2009 Legislative Council,
State of Michigan<BR>393.359 Concessions in state buildings or on state
property; operation by blind persons;<BR>plans; location of concessions.<BR>Sec.
9.<BR>A concession in a building or on property owned or occupied by this state
shall be<BR>operated by a blind person, regardless of race, creed, color, sex,
marital status,<BR>or religious preference, except in cases provided for in
section 10. The building<BR>division of the department of management and budget
shall submit plans relative to<BR>concessions in state buildings or on state
property to the commission, which shall<BR>have the final authority relative to
the location of concessions.<BR>History: 1978, Act 260, Eff. Oct. 1,
1978<BR>Compiler's Notes:<BR> For transfer of powers and duties of the
commission for the blind from the family<BR>independence agency, or its
director, to the department of labor and economic growth,<BR>or its director, by
Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>© 2009
Legislative Council, State of Michigan<BR>393.360 Act inapplicable to certain
concessions; sighted person operating concession<BR>under contract or lease, or
operating concession not applied for by blind person.<BR>Sec. 10.<BR>(1) This
act shall not apply to a concession operated in connection with the
state<BR>fair, with the use of state fairgrounds, with a state educational
institution, state<BR>penal institution, military establishment, armory, or
state park.<BR>(2) A sighted person operating a concession under contract or
lease at the time this<BR>act becomes effective shall not be required to
surrender the rights before the contract<BR>or lease expires.<BR>(3) A sighted
person operating a concession which has not been applied for by a
blind<BR>person may be permitted to continue in charge until the concession is
applied for<BR>and a qualified blind person is chosen to operate the
concession.<BR>History: 1978, Act 260, Eff. Oct. 1, 1978<BR>Compiler's
Notes:<BR> For transfer of powers and duties of the commission for the
blind from the family<BR>independence agency, or its director, to the department
of labor and economic growth,<BR>or its director, by Type II transfer, see
E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>© 2009 Legislative Council,
State of Michigan<BR>393.361 Concessions; qualifications of applicant;
limitation on number.<BR>Sec. 11.<BR>The qualifications of an applicant to
operate a concession shall be determined according<BR>to qualifications
established by the commission. A blind person shall not operate<BR>more than 1
concession.<BR>History: 1978, Act 260, Eff. Oct. 1, 1978<BR>Compiler's
Notes:<BR> For transfer of powers and duties of the commission for the
blind from the family<BR>independence agency, or its director, to the department
of labor and economic growth,<BR>or its director, by Type II transfer, see
E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>© 2009 Legislative Council,
State of Michigan<BR>393.362 Contract or lease of veteran with service-connected
disability not affected.<BR>Sec. 12.<BR>This act shall not be construed to
affect the contract or lease of world war I, world<BR>war II, Spanish-American
war, Korean conflict, or Vietnam era conflict veteran having<BR>a
service-connected disability recognized by the veterans' administration of
the<BR>federal government, or a renewal of that contract or lease.<BR>History:
1978, Act 260, Eff. Oct. 1, 1978<BR>Compiler's Notes:<BR> For transfer of
powers and duties of the commission for the blind from the
family<BR>independence agency, or its director, to the department of labor and
economic growth,<BR>or its director, by Type II transfer, see E.R.O. No. 2003-1,
compiled at MCL 445.2011.<BR>© 2009 Legislative Council, State of
Michigan<BR>393.363 Implementation of Randolph-Sheppard vending stand
act.<BR>Sec. 13.<BR>The commission shall be the state agency for implementing
the Randolph-Sheppard vending<BR>stand act, 20 U.S.C. 107 to 107f.<BR>History:
1978, Act 260, Eff. Oct. 1, 1978<BR>Compiler's Notes:<BR> For transfer of
powers and duties of the commission for the blind from the
family<BR>independence agency, or its director, to the department of labor and
economic growth,<BR>or its director, by Type II transfer, see E.R.O. No. 2003-1,
compiled at MCL 445.2011.<BR>© 2009 Legislative Council, State of
Michigan<BR>393.364 Repealed. 1984, Act 335, Eff. Oct. 1, 1985.<BR>Compiler's
Notes: The repealed section pertained to identification cards for
legally<BR>blind persons.<BR>© 2009 Legislative Council, State of
Michigan<BR>393.365 Conducting business at public meeting; notice; availability
of writings to<BR>public.<BR>Sec. 15.<BR>(1) The business which the commission
or any committee appointed under this act may<BR>perform shall be conducted at a
public meeting of the commission or committee held<BR>in compliance with Act No.
267 of the Public Acts of 1976, being sections 15.261<BR>to 15.275 of the
Michigan Compiled Laws. Public notice of the time, date, and place<BR>of the
meeting shall be given in the manner required by Act No. 267 of the
Public<BR>Acts of 1976.<BR>(2) A writing prepared, owned, used, in the
possession of, or retained by the commission<BR>in the performance of an
official function shall be made available to the public<BR>in compliance with
Act No. 442 of the Public Acts of 1976, being sections 15.231<BR>to 15.246 of
the Michigan Compiled Laws.<BR>History: 1978, Act 260, Eff. Oct. 1,
1978<BR>Compiler's Notes:<BR> For transfer of powers and duties of the
commission for the blind from the family<BR>independence agency, or its
director, to the department of labor and economic growth,<BR>or its director, by
Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>© 2009
Legislative Council, State of Michigan<BR>393.366 Transfer of personnel,
equipment, and unexpended appropriations; transfer<BR>of powers, duties, and
functions.<BR>Sec. 16.<BR>(1) The personnel serving in and the equipment and
unexpended appropriations of the<BR>office of services to the blind in the
department of social services is transferred<BR>to the commission.<BR>(2) All
powers, duties, and functions vested by law in the department of social
services<BR>relative to the office of services to the blind are transferred to
the commission.<BR>History: 1978, Act 260, Eff. Oct. 1, 1978<BR>Compiler's
Notes:<BR> For transfer of powers and duties of the commission for the
blind from the family<BR>independence agency, or its director, to the department
of labor and economic growth,<BR>or its director, by Type II transfer, see
E.R.O. No. 2003-1, compiled at MCL 445.2011.<BR>Admin Rule: R 393.101 et seq. of
the Michigan Administrative Code.<BR>© 2009 Legislative Council, State of
Michigan<BR>393.367 Repeal of MCL 393.251 to 393.258, 393.271 to 393.276, and
393.301 to 393.303.<BR>Sec. 17.<BR>Act No. 140 of the Public Acts of 1911, being
sections 393.251 to 393.258 of the<BR>Compiled Laws of 1970, Act No. 14 of the
Public Acts of 1939, being sections 393.271<BR>to 393.276 of the Compiled Laws
of 1970 and Act No. 95 of the Public Acts of 1967,<BR>being sections 393.301 to
393.303 of the Compiled Laws of 1970, are repealed.<BR>History: 1978, Act 260,
Eff. Oct. 1, 1978<BR>Compiler's Notes:<BR> For transfer of powers and
duties of the commission for the blind from the family<BR>independence agency,
or its director, to the department of labor and economic growth,<BR>or its
director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL
445.2011.<BR>© 2009 Legislative Council, State of Michigan<BR>393.368 Effective
date.<BR>Sec. 18.<BR>This act shall take effect October 1, 1978.<BR>History:
1978, Act 260, Eff. Oct. 1, 1978<BR>Compiler's Notes:<BR> For transfer of
powers and duties of the commission for the blind from the
family<BR>independence agency, or its director, to the department of labor and
economic growth,<BR>or its director, by Type II transfer, see E.R.O. No. 2003-1,
compiled at MCL 445.2011.<BR>© 2009 Legislative Council, State of
Michigan<BR>393.369 Repealed. 1983, Act 141, Imd. Eff. July 18,
1983.<BR>Compiler's Notes: The repealed section pertained to the expiration of
the act.<BR>© 2009 Legislative Council, State of Michigan<BR>Rendered 11/17/2012
22:37:48<BR>Michigan Compiled Laws Complete Through PA 346 of 2012<BR>© 2012
Legislative Council, State of Michigan<BR>Courtesy of <A
href="http://www.legislature.mi.gov">www.legislature.mi.gov</A><BR></FONT></DIV></BODY></HTML>