State Statutes

71-8601
Act, how cited.
Sections 71-8601 to 71-8616 shall be known and may be cited as the Commission for the Blind and Visually Impaired Act.

Source:
Laws 2000, LB 352, § 1; ; Laws 2007, LB445, § 1.;

71-8602
Purposes of act.
The purposes of the Commission for the Blind and Visually Impaired Act are to assist blind persons in gaining remunerative employment, to enlarge economic opportunities for blind persons, to increase the available occupational range and diversity for blind persons, and to stimulate other efforts that aid blind persons in becoming self-supporting.

Source:
Laws 2000, LB 352, § 2. ;

71-8603
Terms, defined.
For purposes of the Commission for the Blind and Visually Impaired Act:

Blind person means:
1. A person having sight which is so defective as to seriously limit his or her ability to engage in the ordinary vocations and activities of life; or
2. A person, to be eligible and licensed as a blind vending facility operator under section 71-8611:
  1. Having no greater than 20/200 central visual acuity in the better eye after correction; or
  2. Having an equally disabling loss of the visual field in which the widest diameter of the visual field subtends an angle no greater than twenty degrees;
Board means the governing board of the commission;
Certified vocational rehabilitation counselor for the blind means a person who is certified to practice vocational rehabilitation counseling for blind persons and holds a certificate issued by the commission;
Commission means the Commission for the Blind and Visually Impaired;
Committee of Blind Vendors means the committee created pursuant to 20 U.S.C. 107b-1;
State workforce investment board means the board authorized by the federal Workforce Investment Act of 1998 and established in Nebraska;
Vending facility means:
1. Cafeterias, snackbars, cart services, shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment necessary for the vending of articles approved by the office, agency, or person having control of the property on which the vending facility is located; and
2. Manual or coin-operated vending machines or similar devices for vending articles approved by the office, agency, or person having control of the property on which the vending facility is located;
Vending facility program means the program established and maintained pursuant to section 71-8611; and
Vocational rehabilitation counseling for the blind means the process implemented by a person who operates a comprehensive and coordinated program designed to assist blind persons to gain remunerative employment, to enlarge economic opportunities for blind persons, to increase the available occupational range and diversity for blind persons, and to stimulate other efforts that aid blind persons in becoming self-supporting.

Source:
Laws 2000, LB 352, § 3; ; Laws 2005, LB 55, § 1; ; Laws 2007, LB445, § 2.;

71-8604
Commission for the Blind and Visually Impaired; created; per diem; expenses.

The Commission for the Blind and Visually Impaired is created. The governing board of the commission shall consist of five members appointed by the Governor with the approval of a majority of the members of the Legislature. All board members shall have reasonable knowledge or experience in issues related to blindness which may include, but is not limited to, reasonable knowledge or experience acquired through membership in consumer organizations of the blind. No board member or his or her immediate family shall be a current employee of the commission. At least three board members shall be blind persons: One member shall be a member or designee of the National Federation of the Blind of Nebraska; one member shall be a member or designee of the American Council of the Blind of Nebraska; and one member may be a member of another consumer organization of the blind.
Board members shall be appointed for staggered terms with the initial members appointed for terms as follows: Two members for terms ending on December 31, 2001, and three members for terms ending December 31, 2003. Subsequent appointments shall be for terms of four years with no board member appointed to more than two consecutive terms. Board members whose terms have expired shall continue to serve until their successors have been appointed. In the case of a vacancy, the Governor shall appoint a successor for the unexpired term. Board members may be removed for cause.
A majority of the board members constitutes a quorum for the transaction of business. The board shall annually elect a chairperson from its membership.
Board members shall receive a per diem of seventy dollars for each day spent in the performance of their official duties and shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as provided in sections 81-1174 to 81-1177. Aside from the provisions of this subsection, a board member shall not receive other compensation, perquisites, or allowances for the performance of official duties.

Source:
Laws 2000, LB 352, § 4. ;

71-8605
Commission; director; employees.

The commission shall employ a director who is the administrative officer of the commission. The director shall hire employees as necessary for the efficient operation of the commission. The director shall serve at the pleasure of the commission.
The commission shall have power in each instance
1. to establish standards of qualification for personnel employed pursuant to the Commission for the Blind and Visually Impaired Act and
2. to employ necessary field agents, teachers, and other personnel in accordance with such standards and fix their compensation. All employees of the commission, except the director, shall be included within the State Personnel System.

Source:
Laws 1917, c. 233, § 3, p. 571; ; C.S.1922, § 6876; ; C.S.1929, § 83-313; ; R.S.1943, § 83-211; ; Laws 1947, c. 332, § 3, p. 1050; ; Laws 1976, LB 674, § 6; ; Laws 1988, LB 810, § 1; ; Laws 1996, LB 1044, § 934; ; R.S.1943, (1999), § 83-211; ; Laws 2000, LB 352, § 5. ;

71-8606
Repealed. Laws 2002, LB 93, § 27.

71-8607
Commission; powers and duties.

The commission shall:
1. Apply for, receive, and administer money from any state or federal agency to be used for purposes relating to blindness, including federal funds relating to vocational rehabilitation of blind persons as provided in subsection (1) of section 71-8610;
2. Receive on behalf of the state any gifts, donations, or bequests from any source to be used in carrying out the purposes of the Commission for the Blind and Visually Impaired Act;
3. Promote self-support of blind persons as provided in sections 71-8608, 71-8609, and 71-8611;
4. Provide itinerant training of alternative skills of blindness, including, but not limited to, braille, the long white cane for independent travel, adaptive technology, and lifestyle maintenance;
5. Establish, equip, and maintain a residential training center with qualified instructors for comprehensive prevocational training of eligible blind persons. The center shall also provide comprehensive independent living training as well as orientation and adjustment counseling for blind persons;
6. Administer and operate a vending facility program in the state, in its capacity as the designated licensing agency pursuant to the federal Randolph-Sheppard Act, as amended, 20 U.S.C. 107 et seq., for the benefit of blind persons;
7. Contract for the purchase of information services for blind persons; and
8. Perform other duties necessary to fulfill the purposes of the Commission for the Blind and Visually Impaired Act.
The commission may perform educational services relating to blindness and may cooperate and consult with other public and private agencies relating to educational issues.

Source:
Laws 2000, LB 352, § 7.

71-8608
Promotion of self-support; powers and duties.
To promote self-support of blind persons:

The commission shall:
1. Provide placement and career development services;
2. Provide prevocational training;
3. Support integration with and access to community-based educational and vocational training opportunities;
4. Implement employer outreach and cultivation; and
5. Develop inservice community-based recruitment and networking resources; and
The commission may:
1. Maintain employment data bases;
2. Facilitate small business incubation; and
3. Develop recommendations for state contract preferences.

Source:
Laws 2000, LB 352, § 8.

71-8609
Blindness-related services; qualifications; commission; duties.

For a person to qualify for blindness-related services from the commission, the commission shall find such person to be
1. a blind person as defined in subdivision (a) of section 71-8603 or
2. a person who is experiencing a deteriorating condition which is expected to result in blindness. A person seeking to qualify for blindness-related services may obtain an eye examination from a licensed ophthalmologist or optometrist of his or her choice or provide other certifying evidence of existing or potential visual impairment as required by the rules and regulations of the commission.
The commission shall maintain a list of all ophthalmologists and optometrists currently licensed in Nebraska and establish procedures for a person to obtain evidence to verify that he or she qualifies for blindness-related services.
When an eye examination is required for a person seeking to qualify for blindness-related services, the commission shall pay the cost pursuant to its rules and regulations. The commission may assist any person seeking to qualify for blindness-related services under the Commission for the Blind and Visually Impaired Act in arranging an eye examination or obtaining other evidence pursuant to this section.

Source:
Laws 2000, LB 352, § 9.

71-8610
Vocational rehabilitation services.

The commission is authorized to accept the provisions of the federal Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq., and to cooperate with the United States Government in any way necessary to enable the commission to receive federal funds for the vocational rehabilitation of blind persons as provided in such act and the provisions of Titles II and XVI of the federal Social Security Act, as amended, 42 U.S.C. 301 et seq.
The commission shall provide vocational rehabilitation services for blind persons, including, but not limited to, prevocational training, maintenance during training, transportation, occupational tools and equipment, vocational training, medical and surgical care and hospitalization, and prosthetic appliances.

Source:
Laws 1947, c. 332, § 2, p. 1050; ; Laws 1976, LB 674, § 2; ; Laws 1979, LB 124, § 1; ; Laws 1981, LB 336, § 1; ; Laws 1996, LB 1044, § 928; ; R.S.1943, (1999), § 83-210.02; ; Laws 2000, LB 352, § 10. ;

71-8610.01.
Certified vocational rehabilitation counselor for the blind; duties.
A certified vocational rehabilitation counselor for the blind's duties shall include, but not be limited to, the following:

Assist blind persons, their families, groups of blind persons, or employers of blind persons through the counseling relationship to develop understanding, define blindness issues, define goals, plan action, and elevate expectations toward the capability of blind persons with the goal of full-time or part-time employment when appropriate, consistent with each individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;
Be responsible for all decisions concerning eligibility for services, the nature and scope of available services, the provision of services, and the determination that a recipient of such services has achieved an employment outcome commensurate with his or her strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;
Administer the individualized plan for employment and write the document prepared on forms provided by the commission containing descriptions of a specific employment outcome, the nature and scope of needed services and the entities to provide them, the criteria to evaluate progress toward achievement of employment outcome, and the responsibilities of the program and the recipient of such services;
Plan allocation and expenditure of program funds; and
Complete referral activities which evaluate data to identify which blind persons or groups of blind persons may be served in conjunction with or by other counselors.

Source: Laws 2007, LB445, § 3. ;
71-8610.02. Vocational rehabilitation counseling for the blind; certified vocational rehabilitation counselor for the blind; certification required; qualifications; continuing competency requirements.

No person shall engage in vocational rehabilitation counseling for the blind or hold himself or herself out as a certified vocational rehabilitation counselor for the blind in the state unless he or she is certified for such purpose by the commission.
A certified vocational rehabilitation counselor for the blind is not a mental health practitioner.
Except as otherwise provided in subsection (5) of this section, a certified vocational rehabilitation counselor for the blind shall have the following qualifications:
1. A bachelor's degree from an appropriate educational program approved by the executive director of the commission;
2. Six hundred hours of intensive training under sleep shades at the commission's orientation training center; and
3. Completion of appropriate training as approved by the executive director.
Each certified vocational rehabilitation counselor for the blind shall, in the period since his or her certificate was issued or last renewed, complete continuing competency requirements as set forth by the commission under the executive director's approval.
The commission may waive some or all of the requirements of subsection (3) of this section for any person engaged in rehabilitation counseling for the blind on or before September 1, 2007.

Source: Laws 2007, LB445, § 4. ;
71-8611. Vending facilities; license.
For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons, and stimulating blind persons to greater efforts in striving to make themselves self-supporting, the commission shall administer and operate vending facilities programs pursuant to the federal Randolph-Sheppard Act, as amended, 20 U.S.C. 107 et seq. Blind persons licensed by the commission pursuant to its rules and regulations are authorized to operate vending facilities in any federally owned building or on any federally owned or controlled property, in any state-owned building or on any property owned or controlled by the state, or on any property owned or controlled by any county, city, or municipality with the approval of the local governing body, when, in the judgment of the director of the commission, such vending facilities may be properly and satisfactorily operated by blind persons. With respect to vending facilities in any state-owned building or on any property owned or controlled by the state, priority shall be given to blind persons, except that this shall not apply to the Game and Parks Commission or the University of Nebraska. This priority shall only be given if the bid submitted is comparable in price to the other bids submitted and the qualifications and capabilities of the vendors bidding for a contract are found to be similar to the other bidders.

Source:
Laws 1961, c. 443, § 1, p. 1363; ; Laws 1973, LB 32, § 1; ; Laws 1976, LB 674, § 3; ; Laws 1996, LB 1044, § 929; ; R.S.1943, (1999), § 83-210.03; ; Laws 2000, LB 352, § 11; ; Laws 2004, LB 1005, § 134. ;

71-8612. Commission for the Blind and Visually Impaired Cash Fund; created; use; investment.
The Commission for the Blind and Visually Impaired Cash Fund is created. The fund shall contain money received pursuant to the Commission for the Blind and Visually Impaired Act and shall include a percentage of the net proceeds derived from the operation of vending facilities. The net proceeds from the operation of vending facilities shall accrue to the blind vending facility operator, except for the percentage of the net proceeds that shall revert to the cash fund. Such fund shall be used for supervision and other administrative purposes as necessary. The commission, in consultation with the Committee of Blind Vendors, shall determine the percentage of the net proceeds that reverts to the fund after an investigation to reveal the gross proceeds, cost of operation, amount necessary to replenish the stock of merchandise, and the business needs of the blind vending facility operator. All equipment purchased from the fund is the property of the state and shall be disposed of only by sale at a fair market price. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:
Laws 1947, c. 343, § 1, p. 1085; ; Laws 1949, c. 292, § 1, p. 996; ; Laws 1957, c. 386, § 1, p. 1343; ; Laws 1961, c. 442, § 1, p. 1362; ; Laws 1965, c. 561, § 1, p. 1845; ; Laws 1969, c. 584, § 113, p. 2418; ; Laws 1971, LB 334, § 6; ; Laws 1976, LB 674, § 1; ; Laws 1995, LB 7, § 142; ; R.S.1943, (1999), § 83-210.01; ; Laws 2000, LB 352, § 12; ; Laws 2005, LB 55, § 2. ;

Cross References:
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.

71-8613
Annual report.
The commission shall file an annual report with the Governor and the Clerk of the Legislature, prior to each regular session of the Legislature, which details the activities and expenditures of the commission and shall include separately information related to the activities and expenditures of the vending facility program as well as estimates of anticipated expenditures and anticipated revenue available to the vending facility program from all sources.

Source:
Laws 2000, LB 352, § 13.

71-8614 Hearing authorized. The commission shall provide an opportunity for a fair hearing to any person applying for or receiving services who is dissatisfied with any action or failure to act arising from the operation or administration of any service or program authorized under the Commission for the Blind and Visually Impaired Act.

Source:
Laws 2000, LB 352, § 14.

71-8615
Rules and regulations.
The commission shall adopt and promulgate rules and regulations as necessary to implement the purposes of the Commission for the Blind and Visually Impaired Act.

Source:
Laws 2000, LB 352, § 15.

71-8616 Transfer of property to commission; contracts and agreements; effect.

All property, equipment, supplies, and personnel which belonged to, were allocated to, or were used to support the Division of Rehabilitation Services for the Visually Impaired within the Department of Health and Human Services prior to July 1, 2000, are transferred to the Commission for the Blind and Visually Impaired.
All existing contracts and agreements in effect on July 1, 2000, as to the Division of Rehabilitation Services for the Visually Impaired within the Department of Health and Human Services are binding and effective upon the Commission for the Blind and Visually Impaired.

Source:
Laws 2000, LB 352, § 16.

Sec. 20. 63-105.Digital voice newspaper delivery system; legislative findings.

The Legislature finds that:
1. Newspapers are a significant and important source of daily information;
2. As a written form of media, newspapers are able to provide indepth coverage of issues as well as coverage of a breadth of issues which may be absent in other electronic or broadcast media;
3. While a newspaper's written format has advantages, such written format severely limits the ability of blind and other print-reading-impaired persons to obtain information from newspapers;
4. This information deficit contributes to an unemployment rate estimated at seventy-five percent among working-age blind persons to whom the availability of such detailed news coverage would vastly improve opportunities for meaningful employment;
5. There are a significant number of blind and other print-reading-impaired persons in Nebraska who would benefit from having timely and complete access to local and national newspapers;
6. Due to technological advances, newspapers can be efficiently and effectively distributed by voice to enable access by blind and other print-reading-impaired persons; and
7. The state should maintain a system by which blind and other print-reading-impaired persons can access the information newspapers provide.
The purpose of this section and section 63-106 is to provide a digital voice newspaper delivery system to enable blind and other print-reading-impaired persons to access newspapers in a timely and comprehensive manner.

Source: Laws 2000, LB 352, § 20. ;

63-106. Digital voice newspaper delivery system; Commission for the Blind and Visually Impaired; duties; limit on charges.

The Commission for the Blind and Visually Impaired shall establish standards and procedures for a statewide digital voice newspaper delivery system and shall oversee its operation. The commission shall:
1. Enter into contracts for the operation of such system;
2. Provide space for the location of distribution devices and other equipment necessary to operate the system;
3. Provide for daily monitoring to assure prompt and accurate functioning;
4. Advertise the system and recruit blind and other print-reading-impaired persons for user certification;
5. Develop and implement procedures for user certification;
6. Serve as a coordinator between the system operator and the certified users; and
7. Adopt and promulgate rules and regulations to carry out this section and section 63-105.
Any certified user of the system shall not be charged for access to the system other than instate and out-of-state long-distance charges incurred while accessing the system.

Source: Laws 2000, LB 352, § 21. ;