Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
Article L. 146-4 of the Code of Social Action and Families is thus amended:
1° In the first paragraph, after the word "public", the words "constituted for an indefinite period" are inserted;
2° After the c, it is inserted a d as follows:
"(d) The director of the regional health agency or his representative. »
I. ― The last five paragraphs of Article L. 146-4 of the same code are deleted.
II. ― After article L. 146-4 of the same code, an article L. 146-4-1 is inserted as follows:
"Art. L. 146-4-1. - The staff of the Departmental House of Persons with Disabilities includes:
« 1° Staff made available by the parties to the constitutive agreement. For public servants governed by the general status of the public service of the State, the provision is made for a maximum of five years, renewable by periods that may not exceed that period. It shall be refunded in accordance with the terms and conditions specified in Article L. 146-4-2 and in conditions specified by decree. The period of notice provided in the make-up agreement may not be less than six months. The terms and conditions under which the agent may request to put an end to his disposition and according to which the State is obliged to apply are provided by a decree in the Council of State;
« 2° Where applicable, officials governed by the general status of the public service of the State, the territorial public service or the hospital public service, placed in a detachment position;
« 3° Where applicable, contractual public law officers recruited by the Departmental House of Persons with Disabilities for a specified or indeterminate period and subject to the provisions applicable to non-public territorial officials;
« 4° Where applicable, private contractual agents recruited by the Departmental House of Persons with Disabilities.
"People are placed under the authority of the Director of the Departmental House of Persons with Disabilities and are subject to its organizational and operational rules. »
I. ― After the same article L. 146-4, an article L. 146-4-3 is inserted as follows:
"Art. L. 146-4-3. - The National Centre of the Territorial Public Service is competent to define and ensure, in partnership with the National Fund of Solidarity for Autonomy, the professional training of staff of departmental houses of persons with disabilities, regardless of their status.
"The contribution due by each departmental house of persons with disabilities to the National Centre of the Territorial Public Service is determined under the conditions set out in theArticle 12-2 of Act No. 84-53 of 26 January 1984 bringing statutory provisions relating to the territorial civil service. »
II. ― Section 12-2 of Act No. 84-53 of 26 January 1984 referred to above is amended as follows:
1° At 1°, the words: "and their public institutions, which have" are replaced by the words: ", their public institutions and the departmental houses of persons with disabilities, having";
2° In the eleventh paragraph, the words "or establishment" are replaced by the words ", establishment or grouping."
I. ― The fourteenth and fifteenth paragraphs of Article L. 146-4 of the Code of Social Action and Families are deleted.
II. ― After the same article L. 146-4, an article L. 146-4-2 is inserted as follows:
"Art. L. 146-4-2. - The constitutive agreement of the group includes the terms of membership and withdrawal of members and the nature of the contests they bring.
"It is annexed to this convention as a multi-year convention of objectives and means signed between the departmental house of persons with disabilities and the members of the group and whose content is fixed by ministerial order.
"The multi-year convention determines for three years the missions and objectives assigned to the departmental house of persons with disabilities, as well as the means allocated to it to fulfil them. In particular, it sets out the amount of the operating subsidy paid by the State and specifies, on the other hand, the number of full-time equivalents it covers. In no case may this share be less than the amount paid by the group for the refund referred to in 1° of Article L. 146-4-1 and included in the agreement to be made available.
"A financial officer shall specify annually, in line with the missions and objectives set out in the multi-year agreement, the modalities and the amount of the participation of members of the group. She mentions the amount of the competition paid by the National Solidarity Fund for Self-Government to the General Council and intended to contribute to the functioning of the departmental house. »
III. – Multi-year agreements of objectives and means provided for in Article L. 146-4-2 of the Code of Social Action and Families must be signed by January 1 of the second year following the date of promulgation of this Act. They come into force on 1 January this same year.
Article L. 146-7 of the same code is amended as follows:
1° Before the first preambular paragraph, it is added a subparagraph to read:
"The Departmental House of Persons with Disabilities organizes its activity and sets its opening hours to the public so that persons with disabilities and their families can access the services it offers or the telephone service it has put in place under the conditions set out in the Multi-Year Agreement of Objectives and Means referred to in Article L. 146-4-2. » ;
2° The first paragraph is as follows:
"For emergency calls, the Departmental House of Persons with Disabilities provides a free-call telephone number for persons with disabilities and their families, including from a mobile terminal. »
I. ― Article L. 241-5 of the same code is amended as follows:
1° The first sentence of the penultimate paragraph is supplemented by the words "or, if any, the local section or the specialized section";
2° The last paragraph is as follows:
"With the exception of the disabled person concerned or his legal representative, the Committee on the Rights and Autonomy of Persons with Disabilities may, under conditions set by decree in the Council of State, sit in restricted training and adopt a simplified decision-making procedure. When incorporated, restricted training is mandatory among their members a third of representatives of persons with disabilities and their families designated by representative associations. »
II. ― Section L. 241-7 of the same code is amended as follows:
1° The first sentence of the first paragraph is supplemented by the words "or, if any, by the local section or the specialized section";
2° In the second paragraph, after the word "commission", the words "or section" are inserted.
I. ― After the first paragraph of Article L. 146-3 of the same code, three paragraphs are inserted as follows:
"The assessment of applications and the award of the rights and benefits referred to in the first paragraph shall be subject to the jurisdiction of the Departmental House of Persons with Disabilities in the department where the applicant resides, as long as the residence is acquired from a relief home, under the conditions set out in articles L. 122-2 and L. 122-3 of this Code. When it is not acquired from an emergency home, the competent departmental house for persons with disabilities is that of the emergency home department of the applicant.
"Where applicable, where a person resides in a department distinct from that of his or her emergency home and the competent multidisciplinary team is not in a position to assess his or her situation, the chair of the public interest group referred to in Article L. 146-4 may delegate that assessment to the departmental house of persons with disabilities in the host department on terms defined by convention.
"For the French established outside of France, the departmental house of persons with disabilities competent to instruct their requests is that through which a right or benefit was previously assigned to them. In the event of a first request, the French established outside France can address the departmental house of persons with disabilities in the department of their choice. »
II. ― In the first paragraph of Article L. 245-2 of the same code, after the word "department", the words "where the applicant has his emergency home or, if not, where he resides."
III. ― After the same article L. 245-2, an article L. 245-2-1 is inserted as follows:
"Art. L. 245-2-1. - When the recipient acquires a new emergency home, the compensation benefit service is carried out according to the care elements that make up it on that date. The President of the General Council may refer to the commission set out in section L. 146-9 for the purposes of the review of the right to compensation under conditions established by decree. »
Section L. 146-11 of the same code is repealed.
Article L. 241-10 of the same code is supplemented by three paragraphs as follows:
"With the exception of section 226-13 of the same code, members of the multidisciplinary team may, within the limits of their responsibilities, exchange all elements or information of a secret nature as long as their transmission is strictly limited to those required for the assessment of their individual situation and for the development of the personal disability compensation plan referred to in Article L. 114-1-1 of this code.
"The members of the multidisciplinary team may communicate to the members of the commission referred to in Article L. 146-9 all elements or information of a secret nature as long as their transmission is strictly limited to those required for decision-making.
"In order to allow health and medical-social support to meet the objectives set out in the 3rd of Article L. 311-3, members of the multidisciplinary team may exchange with one or more professionals who provide such assistance the necessary information relating to the situation of the person with disabilities, provided that the person or his or her duly informed legal representative has agreed. »
I. ― After the 4th of Article L. 143-1 of the Social Security Code, it is inserted a 5th so written:
« 5° To the decisions of the Commission on the Rights and Autonomy of Persons with Disabilities referred to in the first paragraph of Article L. 241-9 of the Code of Social Action and Families. »
II. ― Section 1 of Chapter III of Book I title IV of the same code is supplemented by an article L. 143-1-1 as follows:
"Art. L. 143-1-1. - For the protests mentioned in the 5th of Article L. 143-1, the doctor of the departmental house of persons with disabilities transmits, without being opposed to himArticle 226-13 of the Criminal Code, to the exclusive attention of the expert physician or the consulting physician designated by the competent court, the entire medical report that contributed to the determination of the disability rate or to the criticized decision. The complainant is informed of this notification. A decree in the Council of State determines the conditions for the application of this article. »
III. ― In the first paragraph of Article L. 143-2 and Article L. 143-3 of the same code, the references: "2° and 3°" are replaced by the references: "2°, 3° and 5°".
IV. ― After article L. 143-9 of the same code, an article L. 143-9-1 is inserted as follows:
"Art. L. 143-9-1. - Notifications of decisions rendered by the Committee on the Rights and Self-Government of Persons with Disabilities remind the person of the remedies, as well as the right to request the intervention of a qualified person to propose conciliation measures in accordance with Article L. 146-10 of the Code of Social Action and Families or to benefit from the procedures for the friendly treatment of disputes provided for in Article L. 146-13 of the same Code. »
V. ― After the first paragraph of Article L. 143-10 of the same code, it is inserted a paragraph as follows:
"For the disputes referred to in the 5th of Article L. 143-1, the competent court may request, in addition to the doctor's opinion, the expertise of one or more qualified persons in the area concerned by the decision in question. »
VI. ― Article L. 241-9 of the Code of Social Action and Families is amended as follows:
1° In the first sentence of the first paragraph, the references: "2° and 3°" are replaced by the references: "2°, 3° and 5°";
2° In the second paragraph, the reference: "of 1°" is replaced by the references: "of 1° and 2" and, after the word: "disabled", are inserted the words: "in the field of professional rehabilitation, adapted or protected work".
VII. ― Sub-section 1 of chapter III, section 3, title IV, of Book I of the Social Security Code is supplemented by an article L. 143-11 as follows:
"Art. L. 143-11. - Each year, the National Court of Incapacity and Costing of Industrial Accident Insurance publishes a report on its activity. »
Chapter I of Book II, Part 5, of the Labour Code is supplemented by an article L. 5211-5 as follows:
"Art. L. 5211-5. - Every five years, the public employment service develops, under the authority of the State representative in the region, a regional plan for the insertion of workers with disabilities. This plan, coordinated with access to vocational training and qualification policies for persons with disabilities, includes:
« 1° A regional diagnosis encompassing local diagnostics established with the collaboration of references for the professional integration of departmental homes for persons with disabilities;
« 2° A regional action plan for the insertion of disabled workers with specific focus and objectives;
« 3° Regional indicators for monitoring and assessing regional actions. »
I. ― After the 1° of the article L. 5311-4 of the same code, it is inserted a 1° bis as follows:
"1° bis Investment agencies specializing in the professional integration of persons with disabilities, with advisory opinion; "
II. ―Before section 1 of chapter IV of Book II title I of the fifth part of the same code, it is added a section 1 A so drafted:
“Section 1 A
“Managing policies in favour
Employment of Persons with Disabilities
"Art. L. 5214-1 A. - The State oversees the employment policy of persons with disabilities. It sets out, in connection with the public employment service, the association responsible for the management of the development fund for the professional integration of persons with disabilities and the public service integration fund, the objectives and priorities of this policy.
"Art. L. 5214-1 B. - A multi-year convention of objectives and means is concluded between the State, the institution referred to in Article L. 5312-1, the association responsible for the management of the development fund for the occupational insertion of the disabled, the fund for the insertion of persons with disabilities in the public service and the National Fund for Solidarity for Self-Government.
"This Convention provides:
« 1° The modalities for the implementation by the parties to the convention of the objectives and priorities set for the employment of persons with disabilities;
« 2° Services rendered to job seekers who are eligible for employment and to private and public employers who wish to recruit persons with disabilities;
« 3° The terms and conditions for the implementation of the investment activity and the conditions for the use of the specialized investment organizations referred to in Article L. 5214-3-1, taking into account the specificity of the public concerned;
« 4° The shares, benefits, aids or means made available to the public employment service and investment agencies specialized by the association and the fund referred to in the first paragraph of this article;
« 5° The terms and conditions of the partnership that the departmental houses of persons with disabilities put in place with the public employment service, the association and the fund mentioned in the first paragraph and the means allocated to them in this framework to enable them to carry out their professional assessment and guidance mission;
« 6° The conditions under which a follow-up committee, made up of representatives of the parties to the convention, shall assess the actions it provides for implementation.
"For its application, the convention is the subject of regional or local declines involving the departmental houses of persons with disabilities and all the actors involved in the insertion of people who are far from employment. Specialized investment organizations are consulted for advice. These regional and local conventions are based on regional plans for occupational integration of workers with disabilities. »
Article L. 323-8-6-1 of the same code is amended as follows:
1° The sixth preambular paragraph of I is replaced by five preambular paragraphs:
"Can benefit from the fund's competition:
« 1° Public employers referred to in Article L. 323-2;
« 2° Organizations or associations contributing to the professional inclusion of persons with disabilities in the public service and with which the fund has entered into a convention;
« 3° La Poste until December 31, 2011.
"It is also possible to seize this fund to recognized workers with disabilities within the meaning of Article L. 5212-13 and paid by public employers referred to in Article L. 323-2. » ;
2° The III is thus written:
"III. ― The credits of the section "State Public Election" must be used exclusively to fund actions carried out either at the initiative of the employers mentioned in theArticle 2 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State and, until 31 December 2011, La Poste, i.e., at the initiative of the fund, in order to promote the professional integration of persons with disabilities in the public service of the State, as well as the training and information of agents participating in the realization of this objective.
"The credits in the "Territorial Public Election" section must be used exclusively to fund actions carried out either at the initiative of the employers mentioned in theArticle 2 of Act No. 84-53 of 26 January 1984 bringing statutory provisions relating to the territorial public service, or, at the initiative of the fund, with a view to promoting the professional integration of persons with disabilities within the territorial public service, as well as the training and information of agents involved in the realization of this objective.
"The credits in the "Hospital Public Award" section are to be used exclusively to fund actions carried out either at the initiative of the employers mentioned in theArticle 2 of Act No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service, or at the initiative of the fund, to promote the professional integration of persons with disabilities in the hospital public service, as well as the training and information of officers involved in the achievement of this objective.
"Common actions to several public functions can be financed by credits under several sections. »
After section 1 of chapter IV of title I of book II of the fifth part of the same code, a section 1 bis is inserted as follows:
“Section 1 bis
"Specialized investment organizations
in the professional integration of persons with disabilities
"Art. L. 5214-3-1. - Specialised placement agencies, responsible for the preparation, support and sustainable monitoring of the employment of persons with disabilities, participate in the framework of professional integration and specific support for workers with disabilities implemented by the State, the public employment service, the association responsible for the management of the development fund for the occupational integration of the disabled and the fund for the professional integration of persons with disabilities in the public service.
"They are approved for this purpose and may, on this condition, mobilize the assistance, actions and benefits proposed by the association and the fund mentioned in the first paragraph.
"Specialized investment agencies provide, in complementarity with the institution referred to in Article L. 5312-1, adequate care for job seekers who are eligible for employment under conditions defined by a convention. »
I. ― The first paragraph of Article L. 4111-3 of the same code is amended as follows:
1° After the word: "professional" are inserted the words: ", as well as those of the social and medico-social institutions and services mentioned in the 2nd, has 5th and 12th of the I of Article L. 312-1 of the Code of Social Action and of families welcoming young people with disabilities or with difficulties of adaptation and at the 4th of the same I, as well as those of the institutions and services granted or authorized by the judicial protection
2° The words: "their students" are replaced by the words: "the young people received in vocational training".
II. ― Article L. 312-1 of the Code of Social Action and Families is supplemented by a V as follows:
"V. ― Participate from vocational training the pre-training, training and preparation of professional life in the social and mediocial facilities and services mentioned in the 2nd, has from 5th to 12th of I of this article welcoming young people with disabilities or having difficulties in adapting and at 4th of the same I, as well as in institutions and services agreed to or authorized by the judicial protection of youth. »
I. ― The second paragraph of Article L. 5213-13 of the Labour Code is replaced by three paragraphs as follows:
"They have at least 80% of workers with disabilities working on the labour market by the Commission on the Rights and Autonomy of Persons with Disabilities and who are recruited on the proposal of the Public Employment Service or a specialized placement agency, or meet the criteria set by order of the Minister responsible for employment.
"Suitable companies and homework distribution centres allow these employees to carry out work in conditions appropriate to their possibilities. Thanks to the specific support they offer, they promote the realization of their professional project in order to enhance their skills, promotion and mobility within the structure itself or to other companies.
"They enter into a three-year agreement with the administrative authority for approval. »
II. ∙ Article L. 5213-19 of the same code is as follows:
"Art. L. 5213-19. - Applicable enterprises and homework distribution centres shall be provided for each worker with a disability who is employed, provided that the worker meets the conditions referred to in Article L. 5213-13, with a lump sum assistance paid by the State, within the limits of a reference number established annually by the Financial Law.
"In addition, given the overcosts resulting from the majority employment of these workers with disabilities, the appropriate companies and the distribution centres for homework receive a specific subsidy from the State, particularly for the social monitoring, support and training of the person with disabilities, in order to encourage his or her adaptation to his or her workstation.
"The terms and conditions for granting aid to the post and the specific subsidy are specified by decree. »
Article L. 5212-7 of the same code is supplemented by a paragraph as follows:
"The opening of rights to the provision of compensation for the disability, the compensatory allowance for third persons or the education allowance of the disabled child with respect to young people over the age of sixteen who have an internship agreement is a recognition of the quality of disabled worker. This recognition of the quality of disabled worker is valid only during the duration of the internship. »
In the second paragraph of Article L. 5212-10 of the same code, after the reference: "L. 5212-6", the words "in an amount greater than an amount fixed by decree".
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-639 DC of 28 July 2011. ]
I. ― After the first paragraph of Article L. 111-7-1 of the Construction and Housing Code, two paragraphs are inserted:
"For housing for temporary or seasonal occupation in which management and maintenance are organized and insured on a permanent basis, a decree in the Council of State, taken after the advice of the National Advisory Council of Persons with Disabilities, sets out the accessibility requirements of Article L. 111-7 and the benefits that they must provide to persons with disabilities.
"These measures are subject to the agreement of the representative of the State in the department after the advice of the departmental advisory committee on security and accessibility. »
II. ― Within three years of the coming into force of this Act, the Government shall report to Parliament on the application of the device referred to in I.
In the first sentence of Article 34-2 of Act No. 86-1067 of 30 September 1986 on freedom of communication, the words: "deaf and misunderstandings" are replaced by the words: "deaf or misunderstanding and blind or visually impaired persons".
The last paragraph of Article L. 122-5 of the Intellectual Property Code is replaced by three paragraphs:
"At the request of legal persons and institutions mentioned in the first paragraph of this 7°, formulated within ten years of the legal deposit of printed works, the digital files that have been used to publish works whose legal deposit date is after 4 August 2006 are deposited at the National Book Centre or with a body designated by decree.
"The National Book Centre or the agency designated by decree shall keep without limitation of date the digital files that have been used to publish these works and shall make them available to legal persons and institutions mentioned in the first paragraph of this 7° in an open standard within the meaning of Article 4 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy. It guarantees the confidentiality of these files and the security of their access.
"The legal persons and establishments mentioned in the first paragraph of this 7° shall destroy the files made available to them once the work of design, realization and communication of materials for the benefit of the physical persons mentioned in the same first paragraph is carried out; "
This law will be enforced as a law of the State.
Done in Paris, July 28, 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Economy,
finance and industry,
François Baroin
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
Minister of Culture
and communication,
Frédéric Mitterrand
Minister of Solidarity
and social cohesion,
Roselyne Bachelot-Narquin
The Minister of Public Service,
François Sauvadet
