Page 2

AS ENGROSSED 2 / 21 / 83                  H.B. 675

  1  appointed from each separate list of qualified persons nominated in separate
  2 lists furnished by each of the following:  The National Federation of the
  3  Blind of Arkansas, the American Council of the Blind of Arkansas, the
  4  Arkansas Lions Council of Governors, and the same shall be a member of a
  5  member club of the International Association of Lions Clubs called multiple
  6  District Seven ( 7 ) for Arkansas, the American Association for Workers for the
  7  Blind, and the Arkansas School for the Blind. The Governor shall appoint two
  8  "at large" members.  One, or more, of the members of the Board shall be at
  9  least 55 years of age.  At least four ( 4 ) members of the shall be
 10 "blind" as hereafter defined.
 11      On or before July 10, 1983, the Governor shall appoint the initial mem-
 12  bers of the Board.  Four ( 4 ) members, including the member representing the
 13  Lion's Club, the member representing the American Council of the Blind for
 14  Arkansas, the member representing the National Federation of the Blind of
 15  Arkansas, and the member representing the American Association of Workers for
 16  the Blind, shall be appointed for six-year terms expiring June 30, 1989. The
 17  remaining three ( 3 ) members shall be appointed for four-year terms expiring
 18  June 30, 1987.  Any Board member whose term has expired shall continue to
 19  serve as a member of the Board until the member's successor is appointed and
 20  qualified. Thereafter, all Board members shall be appointed for four-year
 21  terms, and no person may serve more than two consecutive full terms.
 22     All vacancies which occur for any reason shall be filled by appointment
 23  of the Governor, and any interim appointments shall be limited to the unex-
 24  pired term of the position vacated.
 25     ( b )  Any person appointed to fill a vacancy shall meet with quali-
 26  fications for appointment held by his or her predecessor on the Board.
 27  The Executive Director of the Arkansas Enterprises for the Blind, the
 28  Superintendent of the Arkansas School for the Blind, one representative
 29  appointed by the American Association of Workers for the Blind of
 30  Arkansas, one representative appointed by the Blinded Veterans of Arkansas,
 31  and one representative appointed by the Arkansas Association of Blind
 32  Business Mangers shall serve as ex officio, non-voting members of the
 33  Board.  Additional ex officio, non-voting members may be appointed by
 34  the Governor at the request of a majority of the Board.
 35     ( c )  Each member or ex officio member appointed to the Board shall,
 36  before entering upon the duties of office, take the oath prescribed by

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 1   the Constitution of the State of Arkansas for the State officers, and
 2   shall file the same in the office of the Secretary of State, who shall
 3   thereupon issue to such member a Certificate of Appointment.  The Governor
 4   may, upon recommendation of a majority of the regular Board members,
 5   remove any member serving on the Board, at any time, for misconduct,
 6   incompetency, neglect of duty, or any other good cause, as may be
 7   determined by the Board.
 8
 9      SECTION 3. ORGANIZATION, DUTIES, AND AUTHORITY.  After the members
 10  of the Board have been duly appointed, and are serving, the Board shall
 11  choose a Chairman from among the regular members, as presiding officer,
 12  who shall serve for a term of two ( 2 ) years.  The Board shall also elect
 13  from among its regular members a Vice Chairman and Secretary, who shall
 14  serve for a term of one ( 1 ) year.  The Board shall meet at least quarterly,
 15  at such times and places as it may determine from time to time.  The
 16  Board members shall not receive compensation for performance of their
 17  duties; however, they shall be reimbursed for the reasonable and necessary
 18  expenditures for meals, lodging, and mileage at the rate authorized for
 19  travel by State employees, incurred in the performance of their official
 20  duties and functions within State reimbursement guidelines.
 21     The Board shall employ a Commissioner, subject to the approval of the
 22  Governor, qualified by experience, to administer and implement the poli-
 23  cies and directives of the Board, and the Board may employ or appoint such
 24  additional personnel as are necessary to carry out the functions, duties,
 25  and responsibilities entrusted to the Division, in accordance with the
 26  requirements of law and within the limits of available appropriations.
 27
 28     SECTION 4.  DEFINITIONS.  ( a )  For the purposes of qualification for
 29  appointment as a member of the Board, the term "blind" means a person hav-
 30  ing not more than 20 / 200 visual acuity in the better eye with corrective
 31  lenses, or visual acuity greater than 240 / 200 but with a limitation in the
 32  field of vision such that the widest diameter of the visual field subtends
 33  an angle of no greater than 20 degrees.
 34     ( b ) "Visually handicapped" as a term shall be defined by regulations
 35  of the Board, and the Board shall have sole and exclusive authority to
 36  define and determine whether any person is "blind" or "visually handicapped

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 1   for purposes of determining eligibility to participate in government
 2   programs under this Act.
 3      The Administrator of the Office for the Blind and Visually Impaired
 4   shall serve as the chief administrative officer of the Division until
 5   the Board shall appoint a Commissioner for the Division
 6
 7      SECTION 5. TRANSFER.  The Office for the Blind and Visually Impaired,
 8   as now constituted in the Arkansas Department of Human Services under
 9   Sec. 5-912( 7 ) ( B ) ( a ), Ark. Stats., shall continue in existence, for all
 10  purposes, intact, until July 1, 1983, at which time said Office shall be
 11  transferred to the Division of State Services for the Blind within the
 12  Department of Human Services.  The transfer shall include all of the
 13  staff employees and other personnel, powers, duties, licenses, privileges,
 14  equipment, furniture, fixtures, supplies, books, records, reports, stock,
 15  goods, funds, unexpended appropriations, and facilities relating to social
 16  and rehabilitative services and training, and business enterprise services
 17  and training.  The said Division shall thereafter be responsible for the
 18  administration of all functions and programs relating or pertaining to
 19  rehabilitation and social services, and business enterprise services for
 20  the blind, including the organized vending facility program as now estab-
 21  lished, for which the Division shall serve as the Licensing Agency for
 22  the Blind.
 23     The Director of the Department of Finance and Administration shall
 24  transfer to the Division of Rehabilitation Services for the Blind all
 25  appropriations and funds from any other sources in the custody or
 26  control of the Department of Human Services which are designated for the
 27  Office for the Blind and Visually Impaired.
 28
 29      SECTION 6.  DESIGNATED AGENCY.  ( a ) The Division of State Services
 30  for the Blind is hereby designated as the agency of the State of Arkansas
 31  primarily responsible for carrying out State and federal programs for
 32  rehabilitative social service or business enterprises for blind and
 33  visually handicapped citizens of the State including, but not limited to,
 34  those programs and services established pursuant to Public Law 93-112,
 35  on the Rehabilitation Act of 1973, as amended, and any subsequent legislation
 36  to Public Law 93-112.  The Division, as such designated agency, shall

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 1  receive the full, complete, effective, and timely cooperation of any and
 2  all other agencies, organizations or offices receiving financial support
 3  by or through the State of Arkansas, either directly or indirectly, and 
 4  in any amount.
 5     ( b )  The Division of State Services for the Blind is designated as
 6   the unit of the State government of Arkansas primarily responsible for
 7   assuring that Citizens with disabling visual impairments shall receive
 8   the full benefit of services for which federal grants-in-aid assistance,
 9   in any form, under any title, and from any source shall be available,
 10  from time to time, and to accomplish the purposes of this Act.
 11     The Division is authorized to enter into such contracts with the
 12  federal government, to submit such plans to the federal government, and
 13  to adopt such methods of administration as the federal government may
 14  require, to assure maximum federal financial involvement in those
 15  services and functions which the Division is authorized to administer
 16  directly.
 17  ( c )  The Division may assist all other State agencies, departments,
 18  offices, or committees traditionally and legally responsible for the
 19  direct administration of services which bear upon the objective of
 20  preventing or ameliorating disabling visual impairments throughout the
 21  State of Arkansas, by providing technical advice and consultation to such
 22  other State organizations, reviewing plans and gram materials developed
 23  and maintained within such other State organizations, making appropriate
 24  recommendations, and carrying out the evaluation functions previously
 25  assigned to the Office for the Blind and Visually Impaired.  Where it is
 26  mutually determined by the Division and one or more other State agencies
 27  that it would be to the best interests of the taxpayers of the State, or
 28  to the advantage of individuals with disabling visual impairments for
 29  such other agency or agencies directly to provide a particular service
 30  which tends to prevent or ameliorate disabling visual impairments, the
 31  Division and the State agency or agencies involved are authorized to enter
 32  into such inter-agency contracts or agreements as might reasonably be
 33  necessary to assure that the service is provided effectively and in a
 34  manner consistent with maximally efficient use of available resources.
 35
 36      SECTION 7.  EXEMPTION.   No provision of this Act shall apply to

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 1   any program or service currently operated or administered by the
 2   Arkansas School for the Blind or the Arkansas State Library Commission, and
 3   this Act shall not amend or repeal any statutory provision governing the
 4   operation of the School for the Blind or the Arkansas State Library
 5   Commission.
 6
 7        SECTION 8.  FUND ESTABLISHED.  Any sums provided by the General
 8    Assembly of the State of Arkansas for the purposes of this Act shall be
 9    kept by the State Treasurer in a fund to be designated as "The Division of
 10  State Services for the Blind Fund," and shall be used to carry out the
 11  particular purposes assigned to it herein.
 12
 13       SECTION 9.  LEGAL COUNSEL.  The Division, or any employees or committee
 14   thereof, shall be entitled to the services of the Attorney General in
 15   connection with the operation of the affairs of the Division.
 16
 17       SECTION 10.  SEVERABILITY.   The General Assembly of the State of
 18   Arkansas hereby declares each of the Sections and provisions of this Act
 19   to be severable, and in the event that any one or more of such Sections
 20   or provisions are declared unconstitutional or invalid, the remaining
 21   Sections and provisions of this Act shall be valid and unaffected by
 22   the unconstitutionality or invalidity, it being the intent of the General 
 23   Assembly that such remaining valid Sections and provisions shall remain
 24   in full force and effect.
 25
 26      SECTION 11.   REPEALER.   All laws or parts of laws in conflict herewith
 27   are hereby repealed.
 28 
 29      SECTION 12.  EMERGENCY.  The General Assembly hereby finds and deter-
 30   mines that an immediate need exists to improve the delivery of services to
 31   blind and visually impaired citizens of Arkansas; that the establishment.
 32   of the Division of State Services for the Blind will improve the delivery
 33   of services to blind and visually impaired persons and that the efficient
 34   operation of State government will be promoted by establishing the Division
 35   at the beginning of the next fiscal year. Therefore, an emergency is de-
 36   clared to exist and this Act, being necessary for preservation of the
 36a  public peace health, and safety, shall be in full force and effect on
 36b  July 1, 1983.

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