House Introduced Bill 5907

HOUSE BILL No. 5907

April 16, 2002, Introduced by Rep. Ruth Johnson and referred to the Committee on Employment Relations, Training and Safety.

A bill to amend 1964 PA 232, entitled

"Rehabilitation act of 1964,"

by amending the title and sections 2, 3, 4, 5, 6, 7, 8, and 9

(MCL 395.82, 395.83, 395.84, 395.85, 395.86, 395.87, 395.88, and

395.89), section 2 as amended by 1998 PA 43 and section 4 as

amended by 1985 PA 194.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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TITLE

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An act to provide for educational and other needed services

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through a vocational rehabilitation program for disabled persons;

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to authorize an annual appropriation of funds for vocational

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rehabilitation; to authorize the state board of education

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DEPARTMENT OF CAREER DEVELOPMENT to administer such a program; to

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provide for the proper custody and administration of funds

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received by the state from federal and other sources; and to

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repeal certain acts and parts of acts.

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Sec. 2. As used in this act:

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(a) "State board" "DEPARTMENT" means the state board of

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education DEPARTMENT OF CAREER DEVELOPMENT.

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(B) "DISABLED INDIVIDUAL" MEANS ANY PERSON, OTHER THAN A

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PERSON WHO IS BLIND, WHO HAS A VOCATIONAL DISABILITY.

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(C) (b) "Vocational disability" means any disability

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except blindness which THAT constitutes, contributes to, or if

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not corrected will probably result in an obstruction to occupa-

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tional performance.

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(c) "Disabled individual" means any person, other than a

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person who is blind, who has a vocational disability.

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(d) "Vocational rehabilitation" and "vocational rehabilita-

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tion services" mean any educational or other needed services

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including, but not limited to, determination of extent of dis-

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ability, vocational diagnosis, vocational guidance, rehabilita-

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tion training, medical services, transportation, maintenance, and

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training books and materials, found to be necessary to compensate

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a disabled individual for his or her vocational disability, and

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to enable him or her to engage in a suitable occupation or to be

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assisted into independent living.

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Sec. 3. The state board DEPARTMENT shall be the agency

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responsible for the administration of the vocational rehabilita-

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tion program under the provisions of this act , and shall make

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all rules, regulations, and standards necessary. therefor, in

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accordance with Act No. 88 of the Public Acts of 1943, as

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amended, being sections 24.71 to 24.82 of the Compiled Laws of

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1948, and subject to Act No. 197 of the Public Acts of 1952, as

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amended, being sections 24.101 to 24.110 of the Compiled Laws of

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1948. The board DEPARTMENT shall employ the professional and

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clerical staff it deems CONSIDERS necessary to carry out the

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provisions of this act within the appropriations available for

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this purpose.

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Sec. 4. (1) The state board DEPARTMENT shall provide

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vocational rehabilitation services to disabled individuals deter-

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mined eligible pursuant to rules promulgated by the state board

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DEPARTMENT. The board DEPARTMENT may cooperate with other

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public and private departments, agencies, and institutions to

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provide for the vocational rehabilitation of disabled individu-

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als, to study the problems involved therein IN THEIR VOCATIONAL

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REHABILITATION, and may establish, develop, and provide any pro-

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grams, facilities, and services as may be necessary.

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(2) If an employer or carrier is responsible under applica-

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ble state or federal worker's compensation law for the provision

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of vocational rehabilitation services to an employee, and the

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services are provided by the state board DEPARTMENT, the state

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board DEPARTMENT shall collect fees from the responsible

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employer or carrier in an amount equal to the full costs of pro-

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viding the vocational rehabilitation services.

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(3) If an insurer or self-insurer is responsible under

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applicable state or federal auto insurance law for the provision

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of vocational rehabilitation services to an injured person, and

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the services are provided by the state board DEPARTMENT, the

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state board DEPARTMENT shall collect fees from the responsible

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insurer or self-insurer in an amount equal to the full costs of

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providing the vocational rehabilitation services.

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(4) The state board DEPARTMENT shall collect fees in an

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amount equal to the full cost of providing vocational rehabilita-

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tion services under any other state or federal law that estab-

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lishes responsibility for the provision of vocational rehabilita-

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tion services on a party other than the injured person unless

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otherwise prohibited by an applicable statute.

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(5) If the state board DEPARTMENT is requested to provide

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vocational rehabilitation services to individuals not eligible

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for services under the federal rehabilitation act, and the serv-

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ices are provided by the state board DEPARTMENT, the state

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board DEPARTMENT shall collect fees from the individual, agency,

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or organization requesting the services in an amount equal to the

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full costs of providing the vocational rehabilitation services.

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(6) The state board DEPARTMENT shall submit a report to

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the senate labor committee and the house labor
committee

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COMMITTEES THAT DEAL WITH EMPLOYMENT ISSUES by May 1, of each

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odd-numbered year for the preceding 2 calendar years, which

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REPORT shall indicate the extent of vocational rehabilitation

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services provided, the amount of fees collected, and the source

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of those fees.

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Sec. 5. The state board DEPARTMENT shall recommend annu-

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ally the amount required to be appropriated by the THIS state

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and report the same THAT AMOUNT to the governor and budget

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director. The legislature shall make an appropriation each year

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for carrying TO CARRY out the purposes of this act.

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Sec. 6. The state board DEPARTMENT, pursuant to

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state-federal agreements, may cooperate with the federal govern-

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ment in carrying out the purposes of any federal statutes per-

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taining to vocational rehabilitation, and may adopt such ANY

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methods of administration as are found to be necessary for the

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proper and efficient operation of the agreements or plans for

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vocational rehabilitation and to comply with ANY conditions as

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may be necessary to secure the full benefits of the federal

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statutes.

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Sec. 7. The state treasurer shall be the custodian of all

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vocational rehabilitation funds received from the federal govern-

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ment or other sources. The state treasurer shall make disburse-

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ments from the funds and from all state funds available for voca-

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tional rehabilitation purposes upon certification of the state

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board DEPARTMENT in accordance with the accounting laws of the

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THIS state.

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Sec. 8. The state board DEPARTMENT may accept and use

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gifts made by bequest or otherwise for carrying out the purposes

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of this act. Gifts made under such conditions as in the judgment

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of the state board DEPARTMENT are proper and consistent with

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the provisions of this act may be so accepted and shall be

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held, invested, reinvested, and used in accordance with the con-

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ditions of the gifts.

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Sec. 9. The state board DEPARTMENT shall make at the

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close of each biennium a biennial report to the governor and to

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the legislature in regard to the administration of this act. The

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report shall contain a statement of the expenditures of all

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moneys MONEY, both federal and state, for the purposes men-

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tioned in this act.

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