163.475 Legislative findings and provisions relating to transition of operation of
532 words·~2 min read·
/ky/163-475A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Kentucky Industries for the Blind.
(1)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
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.
(2)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.
(3)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 six
(6)years in order to eliminate
eventually the necessity for annual state appropriations. The office 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.
(4)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 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 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.
(5)The General Assembly finds that at the time the Kentucky Industries for the Blind is
operated totally by the nonprofit corporation, the office 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.