2014 Kentucky Revised Statutes CHAPTER 163 - VOCATIONAL EDUCATION AND REHABILITATION 163.475 Legislative findings and provisions relating to transition of operation of Kentucky Industries for the Blind.
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163.475 Legislative findings and provisions relating to transition of operation
of Kentucky Industries for the Blind.
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The General Assembly finds that the provision of industrial evaluation, training,
and employment opportunities for individuals who are blind or visually impaired
is a valuable and necessary component of vocational rehabilitation services.
The Office for the Blind has sole responsibility for and the obligation to operate
and manage a Division of the Kentucky Industries for the Blind. This facility has
struggled to meet these mandates but, faced with declining available state
revenues, expects a continual diminishment to a submarginal operation with
respect to providing viable long-term employment opportunities that are
self-sustaining and sufficiently diversified for individuals who are blind or
visually impaired.
The General Assembly finds that increased flexibility in contract negotiation,
purchasing, and hiring will enhance the competitiveness of the Kentucky
Industries for the Blind, resulting in additional production contracts thereby
guaranteeing continued and expanded jobs and other opportunities for
individuals who are blind or visually impaired. This flexibility and
competitiveness can be achieved through the operation of the Kentucky
Industries for the Blind by a nonprofit corporation, the members of which have
expertise in management skills and background pertaining to sound business
practices and rehabilitation philosophy.
The General Assembly finds that a transition period from state division to a
nonprofit operation is necessary to ensure the success and continuation of the
important functions of the Kentucky Industries for the Blind. Therefore, the
General Assembly shall continue to support the Division of the Kentucky
Industries for the Blind through appropriations to the Office for the Blind for six
(6) years in order to eliminate eventually the necessity for annual state
appropriations. The Office for the Blind shall monitor and safeguard the
expenditure of those public moneys for the use and benefit of the Kentucky
Industries for the Blind and citizens who are blind and visually impaired in the
Commonwealth.
The General Assembly finds that the continued employment of current
employees of the Division of the Kentucky Industries for the Blind is a
necessary and important outcome. The Office for the Blind shall ensure
through contractual provisions that the nonprofit corporation it contracts with
pursuant to KRS 163.480(2) offers employment to every employee of the
Kentucky Industries for the Blind at the time the nonprofit corporation assumes
total responsibility for the operation of the workshop. The Office for the Blind
shall maximize the retirement benefits for each current employee of the
Division of Kentucky Industries for the Blind at the time the office contracts for
total operation by the nonprofit corporation through the parted employer
provisions of KRS 61.510 to 61.705.
The General Assembly finds that at the time the Kentucky Industries for the
Blind is operated totally by the nonprofit corporation, the Office for the Blind
shall have the authority to convey ownership of the workshop to any nonprofit
corporation with which it contracts pursuant to KRS 163.480(2) without
financial consideration, including real and personal property, inventory of
materials, and stores for resale. The instrument of conveyance to such
nonprofit corporation shall provide that the real property and production
equipment conveyed, or sufficient remuneration therefor, shall revert to the
state at any time the nonprofit corporation or its successor shall cease
operating the Kentucky Industries for the Blind for the benefit of individuals who
are blind or visually impaired.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 211, sec. 94, effective July 12, 2006. -Created 1994 Ky. Acts ch. 126, sec. 1, effective July 15, 1994.
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