CHAPTER 85

FORMERLY

HOUSE BILL NO. 268

AN ACT TO AMEND CHAPTER 96, TITLE 16 OF THE DELAWARE CODE RELATING TO THE STATE USE LAW TO INCLUDE EMPLOYMENT OPPORTUNITIES FOR OTHER THAN BLIND HANDICAPPED INDIVIDUALS THROUGH QUALIFIED REHABILITATION FACILITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 9601, Chapter 96, Title 16 of the Delaware Code, by adding "and other severely handicapped" after "assist blind" and after "self-support of blind".

Section 2. Amend Section 9602, Chapter 96, Title 16 of the Delaware Code, by adding paragraphs (6), (7), and (8) which shall read as follows:

"(6) 'Qualified Rehabilitation Facility' shall mean a rehabilitation facility:

(a) which is owned and operated by a corporation or association organized under the laws of the United States or of this State, operated in the interest of severely handicapped Individuals, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code of 1954, as amended; and

(b) which is certified as a sheltered workshop and/or work activities center by the wage and hour division of the United States Department of Labor; and

(c) which meets the national standards for accepted rehabilitation facilities, as certified by a national rehabilitation accreditation association such as the Commission of Accreditation of Rehabilitation Facilities (CARP); and

(d) which complies with any applicable health and safety standards prescribed by the Secretary of Labor of the United States.

(7) 'Severely Handicapped' and 'severely handicapped individuals' means:

(a) An individual or class of individuals who Is under a physical or mental disability other than blindness which constitutes a substantial handicap to employment and is of such a nature as to prevent the individual under such disability from engaging in normal competitive employment. The handicap substantially limits one or more of the person's major life activities.

(b) An individual who has met the admission requirements of a Qualified Rehabilitation Facility.

(8) 'Delaware Association of Rehabilitation Facilities (DELARF)' means:

The Association whose membership includes organizations, both public and private whose primary purpose is to provide rehabilitation services, and individuals who have a recognized interest In rehabilitation. The State Association's purpose is to stimulate Interest and help to insure suitable programming of vocational, medical, social, psychological rehabilitation."

Section 3. Amend the title of Section 9603, Title 16 of the Delaware Code, by striking in its entirety and by substituting in lieu thereof the following:

"§9603. Commission for the Purchase of Products and Services of the Blind and Other Severely Handicapped individuals Appointed; composition; terms; vacancies; compensation."

Section 4. Amend Section 9603 (a), Chapter 96, Title 16 of the Delaware Code, by adding the words "and Other Severely Handicapped Individuals" after "A Commission for the Purchase of Products and Services of the Blind" where it appears therein and by adding the words "and a representative from the Delaware Association of Rehabilitation Facilities" after the words "ex officio, the Director of the Division for the Visually Impaired" where ft appears therein.

Section 5. Amend Section 9604, Chapter 96, Title 16 of the Delaware Code, by striking Section 9604 in its entirety and by substituting In lieu thereof the following new Section 9604 which shall read as follows:

"§9604. Same—powers and duties; sheltered workshop; qualified rehabilitation facility

(a) The Commisson for the Purchase of Products and Services of the Blind and Other Severely Handicapped Individuals shall provide a market for products and services of visually handicapped and severely handicapped individuals. The Director of the Division for the Visually Impaired and the representative from the Delaware Association of Rehabilitation Facilities shall determine, with the advice of the Commission, the price of all products manufactured and services provided by the workshop or qualified rehabilitation facility which are offered for sale to the various agencies of the State. The price shall recover for the workshop and qualified rehabilitation facility the cost of raw materials, labor, overhead and delivery costs, but shall not include a profit to the Commission or to the workshop or qualified rehabilitation facility. The Director of the Division for the Visually Impaired and the representative from the Delaware Association of Rehabilitation Facilities, with the advice of the Commission, may revise such prices from time to time In accordance with changing cost factors, and may make such rules and regulations concerning specifications, time of delivery and other matters of operation as shall be necessary to carry out the purposes of the workshop and qualified rehabilitation facility and this Chapter.

(b) The Commission shall create subcommittees to facilitate its work. It shall act as an advisory committee to the Director of the Division for the Visually Impaired and the appointee from the Delaware Association of Rehabilitation Facilities in the operation of the workshop and qualified rehabilitation facility and shall provide technical assistance to the workshop in the areas of sales promotion, public relations, market development, market analysis and budget preparation.

(c) The Commission shall create a subcommittee comprised of the Director of Purchasing or his designated representative, two appointed members of the Commission and the representative from the Delaware Association of Rehabilitation Facilities. This subcommittee shall function as advisors for qualified rehabilitation facilities and shall adopt policies and procedures for the awarding of contracts or subcontracts to qualified rehabilitation facilities. This subcommittee will select a provider for a product or service when more than one qualified rehabilitation facility submits quotations. Selection of the provider will be based on criteria set by this subcommittee to facilitiate the equitable allocation of orders among qualified rehabilitation facilities. The subcommittee shall encourage diversity in products and services provided by qualified rehabilitation facilities and shall discourage unnecessary duplication or competition between qualified rehabilitation facilities.

(a) The Director for the Division for the Visually Impaired and the appointee from the Delaware Association of Rehabilitation Facilities shall publish periodically a list of products and services provided by the workshop and qualified rehabilitation facilities which the Commission recommends as suitable for procurement by agencies of this State pursuant to this Chapter. The list shall be distributed to every person who procures materials for each agency of the State."

Section 6. Amend Section 9605, Title 16 of the Delaware Code, by striking it in its entirety and by substituting in lieu thereof the following new Section 9605 which shall read as follows:

"§9605. Procurement requirements for the State.

(a) If any agency of this State intends to procure a product or service on the procurement list, that agency shall, in accordance with the rules and regulations of the Commission, procure such product or service, at the price established by the Commission, from the Workshop Program of the State 'Services to the Blind' program and from qualified rehabilitation facilities. If the product or service is available within the period required by that agency, such procurement shall be mandatory. This Chapter, however, shall not apply in any case where products or services are available for procurement from any agency of this State and procurement therefrom fs required under any statute, rule or regulation.

(b) In the procurement of any product or service under this Chapter preference shall be given by an agency of this State to a product or service of the Workshop Program of the State Services to the Blind' program. Waiver of such preference shall be provided in writing by the Director of the Division for the Visually Impaired to the Chairman of the Commission for the Purchase of Products or Services of the Blind and Other Severely Handicapped Individuals.

(c) in furthering the purposes of this Chapter, as set forth in Section 9601 of this Title, and in contributing to economy of government, It is the intent of the General Assembly that there be close cooperation between the Commission and any agency of the State from which procurement of products or services is required under any State law. The Commission and any such agency are authorized to enter into such contractual agreements, cooperative working relationships or other arrangements as may be determined to be necessary for effective coordination and efficient realization of the objectives of this Chapter and any other law requiring procurement of products or services from any agency of this State."

Section 6. This Act shall take effect thirty (30) days after its enactment into law. Current members of the Commission for the Purchase of Products and Services of the Blind shall appoint a subcommittee until such time as the Governor appoints new members of the Commission.

Approved June 29, 1983.