GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 927

Short Title:  Blind Services Technical Changes.	(Public)

─────────────────────────────────────── 
Sponsors: Senators Kinnaird; and Phillips.

─────────────────────────────────────── 
Referred to:  Children & Human Resources.

─────────────────────────────────────── 

April 14, 1999

A BILL TO BE ENTITLED
AN ACT TO MAKE CHANGES NECESSITATED BY CHANGES IN FEDERAL LAW TO THE GENERAL STATUTES CONCERNING SERVICES FOR THE BLIND AND TO MAKE TECHNICAL CHANGES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 111-4 reads as rewritten:
"§ 111-4.  Register of State's blind and visually impaired.
(a)	The Department of Health and Human Services shall cause to be maintained a complete register of the blind and visually impaired in the State that shall describe the condition and cause of blindness of each and any other facts that may seem to the Department of Health and Human Services to be of value.
(b)	Whenever, upon examination by a physician, optometrist, or other person examining eyes, any person is found to be blind or visually impaired, the examiner shall report the results of the examination to the Department of Health and Human Services within 30 days after the examination is conducted."
Section 2.  G.S. 111-5 is repealed.
Section 3.  G.S. 111-6 reads as rewritten:
"§ 111-6.  Training schools and workshops; training outside State; sale of products; direct relief; matching of federal funds.
The Department of Health and Human Services may establish one or more training schools and workshops for employment of suitable blind and visually impaired persons, equip and maintain these schools and workshops, pay employees suitable wages, devise means for the sale and distribution of the products of these schools and workshops, and cooperate with shops already established. The Department of Health and Human Services may also pay for lodging, tuition, support and all necessary expenses for blind and visually impaired persons during their training or instruction in any suitable occupation, whether it be in industrial, commercial, professional, or any other establishments, schools or institutions, or through private instruction when in the judgment of the Department of Health and Human Services this instruction or training can be obtained and will contribute to the efficiency or self-support of the blind and visually impaired persons. When special educational opportunities cannot be had within the State, they may be arranged for, at the discretion of the Department of Health and Human Services, outside of the State. The Department of Health and Human Services may also aid individual blind and visually impaired persons or groups of blind and visually impaired persons to become self-supporting by furnishing material or equipment to them and by assisting them in the sale and distribution of their products. Any portion of the funds appropriated to the Department of Health and Human Services under the provisions of this Chapter providing for the rehabilitation of the blind and visually impaired and the prevention of blindness may, when the Commission for the Blind deems wise, be given in direct money payments to the needy blind in accordance with the provisions of G.S. 111-13 through G.S. 111-26.  Whenever possible such funds may be matched by funds provided by the federal Social Security Act, 42 U.S.C. § 301, et seq., as amended."
Section 4.  G.S. 111-6.1 reads as rewritten:
"§ 111-6.1.  Rehabilitation center for the adult blind.
The Department of Health and Human Services shall establish and operate a rehabilitation center for the blind for the purpose of evaluating and providing instruction in specialized independent living, prevocational, and vocational skills to blind and visually impaired persons to prepare them for obtaining and maintaining employment.
The Commission shall make all rules necessary for this purpose and the Department of Health and Human Services may enter into any agreement or contract; to purchase or lease property, both real and personal, to accept grants and gifts of whatever nature, and to do all other things necessary to carry out the intent and purposes of this rehabilitation center.
The Department of Health and Human Services may receive grants-in-aid from the federal government for carrying out the provisions of this section, as well as for other related rehabilitation programs for blind and visually impaired persons under the provisions of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 355, 29 U.S.C. § 701, et seq., as amended.  Blind and visually impaired persons as defined in G.S. 111-11, who are physically present in North Carolina may enjoy the benefits of this section or any other related rehabilitation benefits under the Rehabilitation Act of 1973, as amended."
Section 5.  G.S. 111-7 reads as rewritten:
"§ 111-7.  In-home services.
The Department of Health and Human Services may foster maximum independence of blind and visually impaired persons through the provision of in-home independent living, development of community-based support groups, and related services as it deems advisable."
Section 6.  G.S. 111-8 reads as rewritten:
"§ 111-8.  Investigations; eye examination and treatment.
The Department of Health and Human Services shall continue to make inquiries concerning the cause of blindness, to learn what proportion of these cases are preventable, and to inaugurate and cooperate in any measure for the State it deems advisable.  The Department of Health and Human Services may arrange for the examination of the eyes of blind and visually impaired persons and may secure and pay for medical and surgical treatment for these persons whenever in the judgment of a qualified ophthalmologist or optometrist the eyes of this person may be benefited by the treatment."
Section 7.  G.S. 111-8.1 is repealed.
Section 8.  G.S. 111-11 reads as rewritten:
"§ 111-11. Definitions.
For the purposes of this Chapter, the following definitions apply:
(1)	"Blind person"means a person who meets any of the following criteria:
a.	Is totally blind.
b.	Has central visual acuity that does not exceed 20/200 in the better eye with correcting lenses.
c.	Has a visual field that subtends an angle no greater than 20 degrees at its widest diameter.
(2)	"Visually impaired person"means a person who meets any of the following criteria:
a.	Has a visual acuity of 20/100 or less with best correction with a progressive eye condition or a 30 degree field limitation.
b.	Has best corrected central visual acuity of 20/70 or less in the better eye.
c.	Has a chronic progressive eye pathology.
d.	Has visual acuity better than 20/70 without progressive eye pathology that results in a functional handicap."
Section 9.  G.S. 111-12.6 reads as rewritten:
"§ 111-12.6.  Disposition of funds deposited with or transferred to State Treasurer.
All funds required under this Article to be deposited with or which have been transferred to the State Treasurer by the Bureau of Employment of the Department of Health and Human Services, and all future net earnings and accumulations of the Bureau or its successor, other than the one hundred thousand dollars ($100,000) reserve fund provided for in G.S. 111-12.5, from whatever source shall be periodically, but not less frequently than annually, paid over to and retained by the State Treasurer as a separate fund or account. The funds deposited with the State Treasurer shall be invested and the income from the corpus shall inure to the sole benefit of the Department of Health and Human Services. The income and corpus shall be expended for services to and for the benefit of blind and visually impaired persons in North Carolina upon recommendation of the Commission for the Blind, by and with the approval of the Governor as the Director of the Budget."
Section 10.  G.S. 111-14 reads as rewritten:
"§ 111-14.  Application for benefits under Article; investigation and award by county commissioners.
Any person claiming benefits under this Article shall file with the commissioners of the county in which he or she is residing an application in writing, in duplicate, upon forms prescribed by the Department of Health and Human Services.  This application shall be accompanied by a certificate signed by a reputable physician licensed to practice medicine in the State who is actively engaged in the treatment of diseases of the human eye or by an optometrist, whichever the individual may select, stating that the applicant is blind. This application may be made on the behalf of any blind person by the Department of Health and Human Services or by any other person. The board of county commissioners shall cause an investigation to be made by a qualified person designated as its agent for this purpose and shall pass upon the application without delay, determine the eligibility of the applicant, and allow or disallow the relief sought. In passing upon the application, the board of county commissioners may take into consideration the facts set forth in the application and any other facts that are deemed necessary, and may at any time require an additional examination of the applicant's eyes by an ophthalmologist designated by the Department of Health and Human Services. When satisfied with the merits of the application, the board of county commissioners shall allow the application and grant to the applicant any proper relief according to the rules established by the Commission for the Blind."
Section 11.  G.S. 111-15(1) is repealed.
Section 12.  G.S. 111-16 reads as rewritten:
"§ 111-16.   Application for aid; notice of award; review.
Promptly after an application for aid is made to the board of county commissioners under this Article, the Department of Health and Human Services shall be notified of the application by mail by the county commissioners.  One of the duplicate applications for aid made before the board of county commissioners shall be transmitted with this notice.
As soon as any award has been made or any application declined by the board of county commissioners, prompt notice in writing of the award or the declined application shall be forwarded by mail to the Department of Health and Human Services and to the applicant.  This notice shall fully state the particulars of the award or the facts of denial.  An applicant may appeal an award or denial pursuant to Article 3 of Chapter 150B of the General Statutes.
."
Section 13.  G.S. 111-18.1(b) reads as rewritten:
"(b)	In the event of the death of a recipient of a cash payment service that was rendered as part of a program of public assistance for the blind or visually impaired, any check issued for the payment of that service made payable to that recipient, but not endorsed prior to the recipient's death, shall be returned to the issuing agency and made void. The issuing agency shall then issue a check payable to the provider of the service for the sum remaining due for this service, not to exceed the amount of the returned and voided check."
Section 14.  G.S. 111-27 reads as rewritten:
"§ 111-27. Department of Health and Human Services to promote employment of blind persons; vending stands on public property.
For the purpose of assisting blind persons to become self-supporting, the Department of Health and Human Services may carry on activities to promote the employment of blind persons, including the licensing and establishment of blind persons as operators of vending stands in public buildings. The Department of Health and Human Services may cooperate with the federal government in the furtherance of the Randolph-Sheppard Vending Stand Act, 20 U.S.C. § 107-107f, as amended, providing for the licensing of blind persons to operate vending stands in federal buildings, or any other act of Congress that may be enacted.
The board of county commissioners of each county and the commissioners or officials in charge of various State and municipal buildings may permit the operation of vending stands by blind persons on the premises of any State, county or municipal property under their respective jurisdictions.  These operators shall be first licensed by the Department of Health and Human Services.  Additionally, no vending stands may be operated unless, in the opinion of the commissions or officials having control and custody of the property, the vending stands may be properly and satisfactorily operated on the premises without undue interference with the use and needs of the premises or property for public purposes."
Section 15.  G.S. 111-27.1 reads as rewritten:
"§ 111-27.1.  Department of Health and Human Services authorized to conduct certain business operations.
For the purpose of assisting blind and visually impaired persons to become self-supporting the Department of Health and Human Services may carry on activities to promote the rehabilitation and employment of the blind and visually impaired, including employment in or the operation of various business enterprises suitable for the blind and visually impaired. The Executive Budget Act applies to the operation of these enterprises as to all appropriations made by the State to aid in the organization and the establishment of these businesses. Purchases and sales of merchandise or equipment, the payment of rents and wages to blind and visually impaired persons operating these businesses, and other expenses of these businesses from funds derived from local subscriptions and from the day-by-day operations are not subject to the provisions of law regulating purchases and contracts, or to the deposit and disbursement that apply to State funds but shall be supervised by the Department of Health and Human Services. All of the business operations under this law are subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
Randolph-Sheppard vendors are not State employees. Blind licensees operating vending facilities under contract with the Department of Health and Human Services, Division of Services for the Blind, are independent contractors."
Section 16.  G.S. 111-28 reads as rewritten:
"§ 111-28.  Department of Health and Human Services authorized to receive grants for benefit of blind and visually impaired; use of information concerning blind persons.
The Department of Health and Human Services may receive grants-in-aid from the federal government or any State or federal agency for the purpose of rendering other services to the blind, visually impaired, and those in danger of becoming blind.  All of these grants shall be paid into the State Treasury and credited to the account of the Department of Health and Human Services, to be used in carrying out the provisions of this law.
The Commission for the Blind may adopt rules as may be required by the federal government or State or federal agency as a condition for receiving these federal funds, not inconsistent with the laws of this State.
"The Department of Health and Human Services may enter into reciprocal agreements with public welfare agencies in other states regarding assistance and services to residents, nonresidents, or transients, and cooperate with other agencies of the State and federal governments in the provisions of assistance and services and in the study of the problems involved.
The Department of Health and Human Services may establish and enforce reasonable rules governing the custody, use and preservation of the records, papers, files, and communications of the Department.
It is unlawful, except for purposes directly connected with the administration of aid to the blind and visually impaired and in accordance with the rules of the Department of Health and Human Services, for any person to solicit, disclose, receive, make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or name of, or any information concerning, persons applying for or receiving aid to the blind and visually impaired, directly or indirectly derived from the records, papers, files, or communications of the Department of Health and Human Services, the board of county commissioners, or the county social services department, or acquired in the course of the performance of official duties.
The Department of Health and Human Services may release to the Division of Motor Vehicles in the Department of Transportation and to the North Carolina Department of Revenue the name and medical records of any person listed in the register of the blind and visually impaired in this State maintained under the provisions of G.S. 111-4. All information and documents released to the Division of Motor Vehicles and the Department of Revenue shall be treated by them as confidential for their use only and shall not be released by them to any person for commercial or political purposes or for any purpose not directly connected with the administration of Chapters 20 and 105 of the General Statutes. The Department of Health and Human Services may also release to the North Carolina Library for the Blind and Physically Handicapped of the Department of Cultural Resources, the name and address of any person listed in the register of the blind and visually impaired in this State maintained under the provisions of G.S. 111-4. All information released to the North Carolina Library for the Blind and Physically Handicapped shall be treated as confidential for its use only and shall not be released to any person for commercial or political purposes or for any purpose not directly connected with providing information concerning services offered by the North Carolina Library for the Blind and Physically Handicapped."
Section 17.  G.S. 111-28.1 reads as rewritten:
"§ 111-28.1.  Department of Health and Human Services authorized to cooperate with federal government in rehabilitation of blind and visually impaired.
The Department of Health and Human Services may adopt the necessary rules to cooperate with the federal government in the furtherance of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 355, 29 U.S.C. § 701, et seq., as amended, providing for the rehabilitation of the blind and visually impaired."
Section 18.  G.S. 111-41 reads as rewritten:
"§ 111-41.  Preference to blind persons in operation of vending facilities; responsibility of Department of Health and Human Services.
In order to promote the employment and the self-sufficiency of blind persons in North Carolina, State agencies shall upon the request of the Department of Health and Human Services give preference to blind persons in the operation of vending facilities on State property. The Department of Health and Human Services shall encourage and assist the operation of vending facilities by blind persons."
Section 19.  G.S. 111-42(e) is repealed.
Section 20.  G.S. 111-43 reads as rewritten:
"§ 111-43.  Installation of coin-operated vending machines.
In locations where the Department of Health and Human Services determines that a vending facility may not be operated or should not continue to operate due to insufficient revenues to support a blind vendor or due to the lack of qualified blind applicants, the Department shall have the first opportunity to secure, by negotiation of a contract with one or more licensed commercial vendors, coin-operated vending machines for the location. Profits from coin-operated vending machines secured by the Department of Health and Human Services shall be used by the Department for the support of programs that enable blind and visually impaired people to live more independently, including medical, rehabilitation, independent living, and educational services offered by the Division of Services for the Blind."
Section 21.  G.S. 111-44 reads as rewritten:
"§ 111-44.  Location and services provided by State agency.
If the Department of Health and Human Services determines that a location is suitable for the operation of a vending facility by a blind person, the State agency with authority over the location shall provide proper space, plumbing, lighting, and electrical outlets for the vending facility in the original planning and construction, or in the alteration and renovation of the present location. The State agency shall provide necessary utilities, janitorial service, and garbage disposal for the operation of the vending facility. Space and services for the vending facilities shall be provided without charge."
Section 22.  G.S. 111-45 reads as rewritten:
"§ 111-45. Duty of State agency to inform the Department of Health and Human Services.
It shall be the duty of the State agencies to inform the Department of Health and Human Services of existing and prospective locations for vending facilities and coin-operated vending machines and to adopt rules, upon request of the Department, to promote the successful operation of the vending facilities of the blind."
Section 23.  G.S. 111-46 reads as rewritten:
"§ 111-46.  Vending facilities operated by those other than blind persons.
Where vending facilities on State property are operated by those other than blind persons on the date of enactment of this Article, the contract of these vending facilities shall not be renewed or extended unless the Secretary of the Department of Health and Human Services is notified of the proposed renewal or extension and the Secretary determines within 30 days of this notification that the vending facilities are not, or cannot become, suited for operation by the blind. If the Secretary of the Department of Health and Human Services within 30 days of the date of this notification fails to provide for the operation of the vending facilities by the blind, the existing contract may be renewed or extended."
Section 24.  G.S. 111-50(b)(3) is repealed.
Section 25.  G.S. 111-50 is amended by adding a new subsection to read:
"( c)	The Commission for the Blind may adopt rules to change applicable set-aside rates for the Business Enterprises Program consistent with the needs of the Business Enterprises Program."
Section 26. G.S. 143B-157(3b) reads as rewritten:
"(3b)	The Commission shall advise the Department regarding preparation of applications, the State Plan, amendments to this plan, the State needs assessments, and the evaluations required by the federal rehabilitation program; and in partnership with the Department develop, agree to, and review State goals and priorities;"
Section 27.  G.S. 143B-157(3e) reads as rewritten:
"(3e)	The Commission shall coordinate with other councils within the State, including the statewide Independent Living Council established under section 705 of the federal Rehabilitation Act, 29 U.S.C. § 720, et seq., the advisory panel established under section 612(a)(21) of the Individuals with Disabilities Education Act, 20 U.S.C. § 1413(A)(12), the Council on Developmental Disabilities described in section 124 of the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 6024, the State Mental Health Planning Council established pursuant to section 1916(e) of the Public Health Service Act, 42 U.S.C. § 300x-4(e), and the Commission on Workforce Preparedness;"
Section 28.  G.S.  143B-158 reads as rewritten:
"§ 143B-158. Commission for the Blind – members; selection; quorum; compensation.
The Commission for the Blind of the Department of Health and Human Services shall consist of 13 members appointed by the Governor. A physician, optometrist, optician, or oculist shall not serve on the Commission for the Blind. Any person who is presently a member of the Commission and is disqualified under this section shall resign his or her position on the Commission and the Governor shall appoint a successor for the balance of the unexpired term. At all times at least seven members of the Commission shall be persons who are visually impaired to the minimum extent of being legally blind. The members of the Commission shall be appointed for terms of three years and shall serve until their successors are appointed and qualify. No individual may be appointed to more than two consecutive three-year terms.  Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
The Governor may remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with G.S. 143B-13.
The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with G.S. 138-5.
A majority of the Commission constitutes a quorum for the transaction of business.
All clerical and other services required by the Commission shall be supplied by the Secretary of Health and Human Services."
Section 29.  This act is effective when it becomes law.