No person may advertise any product as being blind-made or sell or distribute any product that is advertised as being blind-made unless at least 75% of the labor involved in creating the product was performed by blind or visually impaired persons. Work involving the preparation, processing, assembling or packing of a product shall be included in calculating the total labor involved in creating the product, while work involving supervision, administration, inspection, shipping or the production of materials from which a finished product is created shall be excluded from the calculation.
The department shall offer to manufacturers and sellers of blind-made products labels which indicate that a product was made by blind persons. The labels shall be sold at a price that defrays the cost of producing or purchasing the labels.
The department shall investigate each complaint concerning a violation of this subsection and shall refer each complaint that it finds justified to the district attorney of the county in which the alleged violation occurred for prosecution.
Any person who violates this subsection shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.
The department shall establish a supervised business enterprise program for blind persons in which the department owns, leases, manages, supervises, provides consultative services to or operates businesses for the benefit of blind persons, with the ultimate objective of enabling blind persons to operate their own businesses. The department shall offer blind persons first right to operate these businesses.
The department may charge a portion of the expenses of its supervised business enterprise program to the net proceeds of each business operating under the program. The department shall establish the procedure for setting these charges by rule, with the participation of a committee of blind vendors established under 20 USC 107b-1
. The department shall deposit the moneys from the charges made under this paragraph in the appropriation accounts under s. 20.445 (5) (h)
The department may sell equipment and stock at a fair value, based on condition and serviceability, to any blind person who operates a business under this subsection if all of the following conditions are met:
The person has received permission from the building manager to use the building in which the business is located.
The person has competently operated the business under departmental supervision for at least one year. The department shall define "competently operated" by rule.
If the department sells equipment or stock to a blind person under par. (c)
, the purchaser shall:
Keep the property in good repair and replace worn-out or obsolete equipment.
Furnish written reports containing all information the department requires at times specified by the department.
If the department sells equipment or stock to a blind person under par. (c)
, the bill of sale shall give the department the first right to repurchase the business and its assets if the blind person resells the business or dies. The department's repurchase shall be at a fair value, based on condition and serviceability, but the department may only exercise its right to repurchase within 90 days after it receives notice of the blind person's intention to resell the business or of the blind person's death. The bill of sale shall also require the purchaser to resell the business and its assets to the department at a fair value, based on condition and serviceability, if the purchaser fails to operate the business in accordance with the bill of sale, with this section or with 20 USC 107
. If the department repurchases a business under this paragraph it shall offer the right to operate the business as provided in par. (a)
The department shall establish and maintain businesses under sub. (4)
in state buildings if the department finds that a business would be feasible and profitable.
If no blind person is available to operate a business established under sub. (4)
, the department may operate the business until a blind operator is available.
If the department decides that a business under sub. (4)
would not be feasible and profitable in any state building, the department may contract with vending machine operators to install vending machines in the building, giving preference to blind operators of vending machines. The department may, under the procedures established as required under sub. (4) (b)
, charge the net proceeds of each business operating under this subsection. The department shall deposit the moneys from the charges made under this subsection in the appropriation account under s. 20.445 (5) (h)
and shall disburse the proceeds to provide services to blind persons under sub. (4)
in accordance with 20 USC 107
A blind person participating in the supervised business enterprise program who is aggrieved by an act or omission of the department may commence a grievance proceeding under rules promulgated by the department.
The council on blindness shall make recommendations to the department and to any other state agency concerning procedures, policies, services, activities, programs, investigations and research that affect any problem of blind or visually impaired persons. The department shall consult with the council concerning its programs that affect blind or visually impaired persons; the council may initiate consultations with the department. Upon request the department shall provide information to the council relating to matters concerning blind or visually impaired persons, but only information of a summary or statistical nature.
The department shall provide services, including vocational training and a supervised business initiatives program for persons with severe disabilities who are eligible for vocational rehabilitation services. Under this subsection, the department may own, lease, manage, supervise or operate businesses for the benefit of persons with severe disabilities, with the ultimate objective of enabling persons with severe disabilities to operate their own businesses.
The department may charge a portion of the expenses of its supervised business initiatives program to each business operating under the program. The department shall establish by rule the formula for its charges under this paragraph.
See also ch. DWD 60
, Wis. adm. code.
Fiscal agents for persons with disabilities. 47.035(1)(1)
Except as authorized in sub. (2)
if an individual receives direct funding for personal assistance services that are provided to the individual under s. 47.02 (6) (c)
, and the services are provided through a county department of human services or social services or an aging unit, the county department or aging unit through which the services are provided shall serve directly as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for that individual for the purposes of performing the responsibilities and protecting the interests of the individual under the unemployment insurance law. The fiscal agent under this subsection is responsible for remitting any federal unemployment compensation taxes or state unemployment insurance contributions owed by the individual, including any interest and penalties which are owed by the individual; for serving as the representative of the individual in any investigation, meeting, hearing or appeal involving ch. 108
or the federal unemployment tax act (26 USC 3301
) in which the individual is a party; and for receiving, reviewing, completing and returning all forms, reports and other documents required under ch. 108
or the federal unemployment tax act on behalf of the individual.
An individual may make an informed, knowing and voluntary election to waive the right to a fiscal agent under sub. (1)
. The waiver may be as to all or any portion of the fiscal agent's responsibilities. The waiver may be rescinded in whole or in part at any time.
The department may contract with nongovernmental agencies to provide the agencies vocational rehabilitation services.
History: 1985 a. 29