Citations Affected:
IC 4-23-28
;
IC 5-10-8-6.7
;
IC 12-7-2
;
IC 12-12-1
;
IC 34-6-2-127
;
IC 34-30-4-2.
Synopsis: Commission for the blind. Creates the commission for the
blind and visually impaired. Repeals provisions concerning
rehabilitation services bureau programs concerning: (1) rehabilitation
centers for blind and visually impaired individuals; and (2) blind
vending services. Transfers responsibility for these programs to the
commission.
Effective: July 1, 2002; July 1, 2003.
January 14, 2002, read first time and referred to Committee on Rules and Legislative
Procedure.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
SECTION 1.
IC 4-23-28
IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Chapter 28. Commission for the Blind and Visually Impaired
Sec. 1. As used in this chapter, "blind" refers to an individual
who has a central visual acuity of 20/200 or less in the individual's
better eye with the best correction or a field of vision that is not
greater than twenty (20) degrees at the widest diameter of the field
of vision.
Sec. 2. As used in this chapter, "commission" refers to the
commission for the blind and visually impaired established by
section 7 of this chapter.
Sec. 3. As used in this chapter, "custodial authority of a
building" means the person authorized to contract for the
provision of vending services in the building.
Sec. 4. As used in this chapter, "executive director" refers to the
executive director of the commission for the blind and visually
impaired appointed under section 9 of this chapter.
Sec. 5. As used in this chapter, "vending facility" means an
automatic vending machine, a snack bar, and auxiliary equipment
necessary for the sale of newspapers, periodicals, confections,
tobacco products, foods, beverages, and other articles or services
dispensed automatically or manually and prepared on or off the
premises in accordance with all applicable health laws.
Sec. 6. As used in this chapter, "visually impaired" refers to an
individual who has a visual acuity between 20/60 and 20/200 in the
individual's better eye with the best correction or a corresponding
loss in visual field.
Sec. 7. (a) The commission for the blind and visually impaired
is established to develop and provide services to maximize
employment opportunities and to increase independence and
self-sufficiency for individuals who are blind and visually impaired
throughout Indiana.
(b) Programs, projects, and activities of the commission must be
carried out in a manner consistent with the following principles:
(1) Respect for individual dignity, personal responsibility,
self-determination, and pursuit of a meaningful career based
on informed choice.
(2) Support for the involvement of an individual's
representative if an individual requests, desires, or needs
support.
(3) Respect for individual privacy and equal access, including
information in accessible formats.
(4) Integration and full participation in society of an
individual who is blind or visually impaired on equal terms
with other individuals.
Sec. 8. (a) The commission consists of five (5) members:
(1) appointed for a term of three (3) years by the governor in
consultation with recognized consumer groups of blind
individuals in Indiana;
(2) qualified to serve based on knowledge and experience in
rehabilitation and related services for the blind; and
(3) at least three (3) of whom are blind or visually impaired.
A member of the commission may not be employed by the
commission during the term of membership.
(b) The commission shall meet quarterly and at other times as
the commission determines.
(c) The chairperson of the commission shall be elected annually
by the members of the commission.
(d) Three (3) members constitute a quorum for conducting
business.
(e) Members of the commission:
(1) may not receive salary per diem; and
(2) are entitled to per diem consistent with
IC 4-10-11-2.1
(a).
Sec. 9. (a) The commission shall appoint an executive director
who meets the qualifications established by the commission,
including:
(1) appointing a person with knowledge and experience in
rehabilitation and related services for the blind and visually
impaired; and
(2) giving preference to an individual who is blind or visually
impaired.
(b) The executive director:
(1) is the chief administrative officer of;
(2) serves as secretary to; and
(3) is a nonvoting, ex officio member of:
the commission.
(c) The executive director is appointed for an indefinite term.
The executive director may be terminated for cause as determined
by a majority of the members of the commission.
Sec. 10. The executive director shall employ field agents,
teachers, and other personnel as state merit employees under
IC 4-15-2.
The salary and compensation of persons employed
under this section shall be set under
IC 4-13-2-14.6
and
IC 4-15-2.
Sec. 11. The commission has the following powers and duties:
(1) Develop and carry out a state plan for vocational
rehabilitation services under section 101 of the Rehabilitation
Act of 1973, as amended, for individuals who are blind.
(2) Provide independent living services under Title VII of the
Rehabilitation Act of 1973, as amended, for blind and visually
impaired individuals, including services for older individuals
who are blind and visually impaired.
(3) Establish, equip, and maintain at least one (1) orientation
and adjustment centers to provide prevocational and other
training, including:
(A) instruction in Braille;
(B) use of the long white cane for independent travel;
(C) homemaking and home management skills; and
(D) communications skills, including the use of computer
technology:
to prepare blind and visually impaired individuals for
eventual vocational training, job placement, and
independence.
(4) Establish and carry out a small business enterprises
program and serve as the state licensing agency for blind
individuals under the federal Randolph-Sheppard Act (20
U.S.C. 107 et seq.) and sections 13 through 20 of this chapter.
(5) Establish and administer a statewide program to certify
individuals who are qualified to teach Braille to blind or
visually impaired individuals, including elementary and
secondary school students, using performance criteria based
on the national literary Braille competency examination
administered by the Library of Congress.
(6) Purchase and distribute specialized equipment, devices,
and technology, including low vision aids.
(7) Create and maintain an instructional media center for the
production, purchase, distribution, reallocation, and
warehousing of accessible materials for blind children and
adults in addition to and in cooperation with other existing
information sources.
(8) Provide technical assistance and training in cooperation
with other agencies to assist the department of education and
local education agencies to provide auxiliary aids and services
to blind students and parents and teachers of blind students
to comply with the Americans with Disabilities Act
(42 U.S.C. 12101 et seq.), as amended, and the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), as
amended.
(9) Designate a member of the commission to participate, as
appropriate, on a board, a commission, or another body
established in Indiana to coordinate and plan services for
blind and visually impaired individuals.
(10) Conduct a review of consumer satisfaction with the
programs of the commission and perform other functions of
the statewide rehabilitation council specified in section 105(c)
of the Rehabilitation Act of 1973 (29 U.S.C. 749d), as
amended.
(11) Adopt rules under
IC 4-22-2
to carry out the programs of
the commission.
(12) Develop and administer programs to further the
provision of services to the blind and visually impaired as
determined by the commission to fall within the commission's
scope of responsibility.
vending services in the building, and the custodial authority
files with the commission a signed affidavit to that effect.
Sec. 16. If the commission relinquishes the commission's
exclusive right to operate vending services under section 13 of this
chapter, the custodial authority of the building may enter into a
contract not to exceed two (2) years with a person that is not blind
or visually impaired for vending services in the building.
Sec. 17. The custodial authority of a building shall notify the
commission before entering into or renewing a contract to operate
vending services in the building with a person other than the
commission.
Sec. 18. The commission may not place at a new vending facility
a blind or visually impaired vendor who is already operating a
vending facility unless the placement of the vendor at the new
vending facility would leave a vacant vending facility that could be:
(1) immediately filled by another blind or visually impaired
vendor;
(2) relinquished to the custodial authority under section 15 of
this chapter; or
(3) closed due to insufficient income producing potential.
Sec. 19. The commission shall seek out vending opportunities for
blind or visually impaired individuals in public and private
buildings.
Sec. 20. Payment for training of vendors under this chapter may
be made from state, local, or federal money.
Sec. 21. (a) Before December 1 of each year, the commission
shall submit to the legislative services agency a report detailing the
number of blind or visually impaired vendors placed by the
commission in public and private buildings under this chapter.
(b) The commission shall publish an annual report including a
list of accomplishments, findings, and recommendations for
improvement based on the commission's performance during the
year. The report must contain information needed to evaluate the
progress of the commission in meeting the needs of blind and
visually impaired individuals in Indiana.
(c) The legislative services agency shall provide copies of the
reports submitted under this section to the chairperson of the:
(1) health and provider services committee of the Indiana
senate; and
(2) public health committee of the Indiana house of
representatives.
Sec. 22. A dispute arising from an action taken or a decision
made by the commission must be addressed under IC 4-21.5.
SECTION 2.
IC 5-10-8-6.7
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 6.7. (a) As used in this section, "blind" has the
meaning set forth in
IC 4-23-28-1.
(b) As used in this section, "vending facility" has the meaning
set forth in
IC 4-23-28-5.
(c) As used in this section, "visually impaired" has the meaning
set forth in
IC 4-23-28-6.
(d) As used in this section, "state health plan" refers to a
self-insurance program established under section 7(b) of this
chapter or a contract with a prepaid health care delivery plan
under section 7(c) of this chapter.
(e) A blind or visually impaired individual who operates a
vending facility established under
IC 4-23-28
may be covered
under a state health plan if the individual:
(1) is not more than sixty-four (64) years of age; and
(2) pays one hundred percent (100%) of the premium charged
for the coverage and any administrative costs associated with
the coverage.
SECTION 3.
IC 12-7-2-21
, AS AMENDED BY P.L.272-1999,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 21. "Blind" means the following:
(1) For purposes of the following statutes, the term refers to an
individual who has vision in the better eye with correcting glasses
of 20/200 or less, or a disqualifying visual field defect as
determined upon examination by an ophthalmologist or
optometrist who has been designated to make such examinations
by the county office and approved by the division of family and
children or by the division in the manner provided in any of the
following statutes:
(A)
IC 12-10-6.
(B)
IC 12-10-12.
(C) IC 12-13.
(D) IC 12-14.
(E) IC 12-15.
(F)
IC 12-17-1.
(G)
IC 12-17-2.
(H)
IC 12-17-3.
(I)
IC 12-17-9.
(J)
IC 12-17-10.
(K)
IC 12-17-11.
medical treatment services.
(3) An individual who serves without compensation for personal
services as a director for the purpose of setting policy, controlling,
or otherwise overseeing the activities or functional
responsibilities of an organization that acts as an advocate for its
members and that has as its members individuals or organizations
that are:
(A) members of a particular trade or industry; or
(B) members of the business community of a particular
municipality or area of the state.
(4) An individual who serves without compensation for personal
services as a director of a national, regional, or local fraternity or
sorority that is connected with, and under the supervision of, a
college, university, or other educational institution located within
Indiana.
(5) An individual who serves the purpose of setting policy,
controlling, or otherwise overseeing the activities or functional
responsibilities of a homeowners association (as defined in
section 58 of this chapter).
(6) An individual who serves without compensation for personal
services as a director for the purpose of setting policy, controlling,
or otherwise overseeing the activities or functional
responsibilities of the Special Olympics or the Pan American
Games.
"Compensation", for purposes of this section, has the meaning set forth
in section 28(a) of this chapter.
SECTION 11.
IC 34-30-4-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. Notwithstanding any
other provision of or any other law, an individual who:
(1) serves without compensation as a volunteer director of
(A) a nonprofit corporation operating under
IC 12-29-3-6
; or
(B) an agency providing services under IC 12-12-3; and
(2) exercises reasonable care in the performance of the duties of
a director;
is immune from civil liability arising out of the performance of those
duties.
SECTION 12. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2003]: IC 5-22-12; IC 12-7-2-161; IC 12-7-2-197; IC I2-12-3;
IC 12-12-5.
SECTION 13. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "commission" refers to the commission for the blind
and visually impaired established by IC 4-23-28-7, as added by this
act.
(b) The governor shall appoint the members of the commission
under IC 4-23-28-8, as added by this act, before July 1, 2002.
Notwithstanding IC 4-23-28-8(a)(1), as added by this act, the initial
terms of the members are as follows:
(1) One (1) member for a term of one (1) year.
(2) One (1) member for a term of two (2) years.
(3) One (1) member for a term of three (3) years.
(4) Two (2) members for terms of four (4) years.
(c) Notwithstanding IC 4-23-28, as added by this act, the blind
and visually impaired unit of the rehabilitation services bureau
established by IC 12-12-1-1 shall continue to administer programs
and services for the blind and visually impaired through June 30,
2003.
(d) Appropriations, real and personal property, equipment,
supplies, and funds owned or controlled on June 30, 2003, by the
division of disability, aging, and rehabilitative services established
by IC 12-9-1-1 for use by the blind and visually impaired unit of
the rehabilitation services bureau established by IC 12-12-1-1 are
transferred to the commission on July 1, 2003.
(e) Contracts and agreements in effect on June 30, 2003,
between the blind and visually impaired unit of the rehabilitation
services bureau established by IC 12-12-1-1 are binding on the
commission to the same extent that the contracts or agreements
were binding on the blind and visually impaired unit of the
rehabilitation services bureau.
( f) Proceeds received after June 30, 2003, from claims filed with
an agency, including claims filed with the federal Social Security
Administration, that relate to the provision of services for the blind
or visually impaired shall be transferred to the commission from
the agency that received the proceeds.
(g) The commission may adopt rules under IC 4-22-2 before
July 1, 2003, to implement IC 4-23-28, as added by this act.
(h) This SECTION expires July 1, 2007.
SECTION 14. An emergency is declared for this act.