An Act To Clarify the Laws Governing the Bureau of Rehabilitation Services
Maine Legislature, Session 127, LD 1199
Committee: Labor, Commerce, Research and Economic Development
Sponsors: VOLK, HERBIG, CUSHING, PATRICK, AUSTIN, FECTEAU, GILBERT, LOCKMAN, MASTRACCIO, WARD
Amends: 5 MRSA §1821, 5 MRSA §1822, 5 MRSA §1823, 5 MRSA §1824, 26 MRSA §1411-A, 26 MRSA §1411-C, 26 MRSA §1411-D, 26 MRSA §1411-E, 26 MRSA §1411-F, 26 MRSA §1411-H, 26 MRSA §1412-C, 26 MRSA §1412-E, 26 MRSA §1413-C, 26 MRSA §1418-C

Legislative Document 
No. 1199 
S.P. 426 
In Senate, April 2, 2015 
An Act To Clarify the Laws Governing the Bureau of Rehabilitation 
Services 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator VOLK of Cumberland. 
Cosponsored by Representative HERBIG of Belfast and 
Senators: CUSHING of Penobscot, PATRICK of Oxford, Representatives: AUSTIN of Gray, 
FECTEAU of Biddeford, GILBERT of Jay, LOCKMAN of Amherst, MASTRACCIO of 
Sanford, WARD of Dedham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §1821, as enacted by PL 1973, c. 198, is repealed. 
Sec. 2.  5 MRSA §1822, as amended by PL 1995, c. 560, Pt. F, §4, is repealed. 
Sec. 3.  5 MRSA §1823, as enacted by PL 1973, c. 198, is repealed. 
Sec. 4.  5 MRSA §1824, as amended by PL 1993, c. 708, Pt. J, §4, is repealed. 
Sec. 5.  26 MRSA §1411-A, sub-§4, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
4.  Gainful employment.  "Gainful employment" for a person who receives services 
from the Division for the Blind and Visually Impaired includes employment in the 
competitive labor market; practice of a profession; self-employment; homemaking; farm 
or family work, including work for which payment is in kind rather than in cash; 
supported employment; sheltered employment; and home industries or other gainful 
homebound work home-based employment.  "Gainful employment" for a person who 
receives services from the Division of Vocational Rehabilitation includes employment in 
the competitive labor market; practice of a profession; self-employment; supported 
employment; and home-based employment. 
Sec. 6.  26 MRSA §1411-A, sub-§6, ¶C, as enacted by PL 1995, c. 560, Pt. F, 
§13, is amended to read: 
C.  Training services for people with disabilities, which must may include personal 
and vocational adjustment, on-the-job training and books and other training materials; 
Sec. 7.  26 MRSA §1411-C, as enacted by PL 1995, c. 560, Pt. F, §13, is amended 
to read: 
§1411-C.  Authority 
The department is the designated and state agency established as the sole state agency 
to provide rehabilitation services, including but not limited to vocational rehabilitation 
services, and to provide evaluation and vocational services for purposes of the Federal 
federal Rehabilitation Act of 1973 and acts amendatory and additional to the Federal 
federal Rehabilitation Act of 1973.  The commissioner shall make those rules that the 
commissioner finds necessary and appropriate for the administration of a program of 
rehabilitation services and shall organize such a program within the department in a 
manner that is consistent with existing federal and state laws, rules and regulations. 
Sec. 8.  26 MRSA §1411-D, sub-§8, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
8.  Eligibility and priority.  Shall Through the Bureau of Rehabilitation Services, 
Division of Vocational Rehabilitation and Division for the Blind and Visually Impaired, 
which are the designated state units under the federal Rehabilitation Act of 1973, shall 
determine the eligibility of individuals for rehabilitation services or evaluation and 
vocational services and the priority for those services in accordance with rules established 
by the department; and 
Sec. 9.  26 MRSA §1411-D, sub-§9, as amended by PL 2011, c. 348, §8, is 
further amended to read: 
9.  Transitional services coordination.  Shall Through the Bureau of Rehabilitation 
Services, Division of Vocational Rehabilitation and Division for the Blind and Visually 
Impaired, which are the designated state units under the federal Rehabilitation Act of 
1973, shall participate with school administrative units in transition planning for each 
student receiving special education services who is 16 years of age or older, or 14 years 
of age if determined appropriate by the student's individualized education program team, 
and shall assign appropriate staff as a transition contact person and as a member of the 
transition planning team for each student. 
Sec. 10.  26 MRSA §1411-E, sub-§1, as enacted by PL 1995, c. 560, Pt. F, §13, 
is amended to read: 
1.  Apply for assistance.  Apply for federal assistance under the Federal federal 
Rehabilitation Act of 1973 and acts amendatory and additional to the Federal federal 
Rehabilitation Act of 1973, and to comply with conditions, not inconsistent with this 
article, that are required for such assistance; and 
Sec. 11.  26 MRSA §1411-F, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
§1411-F.  Receipt and disbursement of funds 
The Treasurer of State is the appropriate officer of the State to receive and administer 
federal grants for rehabilitation programs, as contemplated by the Federal federal 
Rehabilitation Act of 1973 and acts amendatory and additional to the Federal federal 
Rehabilitation Act of 1973, and the State Controller shall authorize expenditures as 
approved by the department. 
Sec. 12.  26 MRSA §1411-H, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
§1411-H.  Maintenance not assignable 
The right of a handicapped or disadvantaged individual person with a disability to 
maintenance under this article is not transferable or assignable at law or in equity and 
none of the money paid or payable or rights existing under this article are subject to 
execution, levy, attachment, garnishment or other legal process or to the operation of 
bankruptcy or insolvency law. 
Sec. 13.  26 MRSA §1412-C, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
§1412-C.  Bureau of Rehabilitation Services; Division of Vocational Rehabilitation 
The commissioner shall establish within the department the Bureau of Rehabilitation 
Services, which.  Within the bureau, the Division of Vocational Rehabilitation, as the 
designated state unit under the federal Rehabilitation Act of 1973, shall administer that 
group of rehabilitation services to nonblind and nonvisually impaired individuals 
specifically related to the federal vocational rehabilitation programs.   
Sec. 14.  26 MRSA §1412-E, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
§1412-E.  Rules 
The department is authorized to establish rules required for the proper administration 
of a vocational rehabilitation program under the Federal federal Rehabilitation Act of 
1973 and acts amendatory and additional to the Federal federal Rehabilitation Act of 
1973.  These rules must include procedures for ensuring access to records by the 
protection and advocacy agencies designated under Title 5, Part 24 pursuant to an 
investigation of alleged rights violations. 
Sec. 15.  26 MRSA §1413-C, first ¶, as amended by PL 2009, c. 652, Pt. A, §40, 
is further amended to read: 
Within the Department of Labor, Bureau of Rehabilitation Services, Division for the 
Deaf, Hard of Hearing and Late Deafened department, the Commission for the Deaf, 
Hard of Hearing and Late Deafened, as established under Title 5, section 12004-J, 
subsection 17, consists of 24 up to 23 members and 3 members-at-large appointed by the 
Governor and representing equally consumers, professionals and the public.   Members 
serve 3-year terms and may serve multiple terms without limit.  Members are entitled to 
compensation in accordance with Title 5, chapter 379. 
Sec. 16.  26 MRSA §1418-C, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
§1418-C.  Program established; Division for the Blind and Visually Impaired 
The division, as the designated state unit under the federal Rehabilitation Act of 
1973, shall administer services related to blind and visually impaired individuals.  The 
division shall provide a program of services for the blind persons, including prevention of 
blindness, locating of blind persons, vocational guidance and training of the blind 
persons, placement of blind persons in employment, assistance to local schools in 
meeting the special needs of blind students, instruction of adult blind persons in their 
homes and other social services to the blind persons. 
SUMMARY 
This bill changes the laws governing the Department of Labor, Bureau of 
Rehabilitation Services by: 
1.  Repealing the laws governing the blind-made products program, a program that no 
longer exists; 
2.  Changing references to the Federal Rehabilitation Act to the federal Rehabilitation 
Act of 1973; 
3.  Specifying the Department of Labor as the designated state agency to provide 
rehabilitation services under the federal Rehabilitation Act of 1973 and naming the 
Division of Vocational Rehabilitation and the Division for the Blind and Visually 
Impaired as the designated state units; 
4. Defining "gainful employment" as it pertains to the different standards within the 
Division of Vocational Rehabilitation and the Division for the Blind and Visually 
Impaired; 
5. Changing the phrase "handicapped or disadvantaged individual" to "person with a 
disability"; and 
6. Reducing the number of members on the Commission for the Deaf, Hard of 
Hearing and Late Deafened from 24 members and 3 at large members to up to 23 
members to reflect the bylaws voted on by the commission. It also provides that members 
serve 3-year terms and may serve multiple terms without limit.