23 LC 33 9203
H. B. 399
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House Bill 399
By: Representatives Schofield of the 63
rd
, Beverly of the 143
rd
, Davis of the 87
th
, Mitchell
of the 88
th
, and Scott of the 76
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped
1
persons, so as to create the Commission for the Blind and the Visually Impaired; to transfer2
the direction and supervision of Georgia Industries for the Blind from the Georgia Vocational3
Rehabilitation Agency to the commission; to provide for a short title; to provide for4
definitions; to provide for legislative intent; to provide for the transfer of functions to the5
commission; to provide for the composition and appointment of commission members; to6
provide for an executive director; to provide for duties and powers of the commission; to7
authorize the commission to license blind persons to operate vending facilities; to transfer8
the oversight of the delivery of deaf-blind services and techniques that lead to maximum9
independence and employment for individuals with both a hearing and a vision loss to the10
commission; to provide for an annual report; to provide for a complaint process; to amend11
Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the transfer of12
the Division of Rehabilitation Services to the Department of Labor, so as to establish the role13
of the commission in facilitating the operation by blind persons and other persons with14
disabilities of vending facilities on state property; to provide for related matters; to provide15
for an effective date; to repeal conflicting laws; and for other purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 23 LC 33 9203
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SECTION 1.
18
Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is19
amended by revising Code Section 30-2-3, relating to supervision of Georgia Industries for20
the Blind by Georgia Vocational Rehabilitation Agency and acquisition of property, as21
follows:22
"30-2-3.23
(a) The industries shall be state institutions under the direction and supervision of the24
Georgia Vocational Rehabilitation Agency
Commission for the Blind and the Visually25
Impaired.26
(b) The Georgia Vocational Rehabilitation Agency Commission for the Blind and the27
Visually Impaired is authorized to provide the property necessary for the industries. The28
Georgia Vocational Rehabilitation Agency Commission for the Blind and the Visually29
Impaired may acquire real property through the State Properties Commission pursuant to30
Code Section 50-16-38 or the agency commission may enter into rental agreements in order31
to acquire the needed space."32
SECTION 2.33
Said title is further amended by revising Code Section 30-2-4, relating to superintendents for34
industries, operation of industries generally, and purchase of goods manufactured at35
industries by state institutions, as follows:36
"30-2-4.37
(a) There shall be superintendents for the industries. Preference shall be given to blind38
persons with the skill and experience to perform such jobs. The department Commission39
for the Blind and the Visually Impaired shall provide for the equipment, maintenance, and40
management of the industries; shall provide for the selection and eligibility of applicants41
for admission to an industry; shall provide for the sale of supplies manufactured at the42
industries to the departments of the state, its subdivisions, and institutions, and to the43 23 LC 33 9203
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federal government and other states and to individual and corporate dealers in such
44
supplies; shall provide for housing, rationing, hours of labor, scale of pay, or division of45
profits, subject to this chapter; and shall provide all other rules for the proper management46
of the industries not in conflict with this chapter. The department
Commission for the47
Blind and the Visually Impaired shall procure necessary machinery, equipment, and48
furnishings for the industries; shall make contracts for power, lighting, and heating; and49
shall arrange for all other things necessary and proper for the conduct of the industries.50
(b) All departments, subdivisions, and institutions of the State of Georgia are directed to51
give preference in purchases to goods manufactured at the industries, provided said goods52
are of equal quality and competitive in price."53
SECTION 3.54
Said title is further amended by revising Code Section 30-2-7, relating to compensation of55
workers and observance of and payment for state holidays, as follows:56
"30-2-7.57
(a) Each worker in an industry who is otherwise entitled to share in the benefits provided58
for blind persons under Articles 1 and 3 of Chapter 4 of Title 49 shall, in addition to the59
amount received as compensation for his or her services in the industry, receive from the60
Department of Human Services such amount of public assistance as shall be determined61
in accordance with the regulations approved by the commissioner of human services.62
(b) All workers in the industries shall observe all holidays observed by other departments63
and agencies of the state government and shall receive their proportionate compensation64
for each holiday so observed. If any worker shall be compensated in such a manner that65
his or her daily compensation is not fixed, but rather is based upon a production basis, he66
or she shall receive by way of compensation for such observance of state holidays the67
average daily production compensation received by him or her during the immediately68
preceding 30 day period, holidays and Sundays excluded. The Georgia Vocational69 23 LC 33 9203
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Rehabilitation Agency Commission for the Blind and the Visually Impaired is authorized70
and directed to pay such compensation from the funds appropriated to and available for the71
agency commission."72
SECTION 4.73
Said title is further amended by adding a new chapter to the end of such title to read as74
follows:75
"CHAPTER 1176
30-11-1.77
This chapter shall be known and may be cited as the 'Commission for the Blind and the78
Visually Impaired Act.'79
30-11-2.80
As used in this chapter, the term:81
(1) 'Blind or visually impaired' means a person:82
(A) Having a central visual acuity of 20/200 in the better eye with the best corrective83
lens, or a visual field of 20 degrees or less; or84
(B) With a severe visual disability resulting in legal blindness verified by an eye85
examination.86
(2) 'Commission' means the Commission for the Blind and the Visually Impaired.87
30-11-3.88
(a) The purpose for the establishment of a commission for the blind and the visually89
impaired is to ensure that people who are blind, visually impaired, or deaf-blind have90
access, from cradle to grave, to quality services throughout the State of Georgia so that they91 23 LC 33 9203
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may attain independent living skills, maximize successful career opportunities, and92
increase independence and self-sufficiency to promote the upward mobility of the93
consumer as a viable member of the community and to do whatever is deemed necessary94
to achieve the most positive outcome for the consumer.95
(b) It is the policy of this state that all programs, projects, and activities of the commission96
shall be carried out in a manner consistent with the following principles:97
(1) Respect for individual dignity, personal responsibility, self-determination, and pursuit98
of meaningful careers, based on informed choice;99
(2) Support for the involvement of an individual's representative if an individual100
requests, desires, or needs such support;101
(3) Respect for the individual's privacy and equal access, including the use of102
information in accessible formats; and103
(4) Integration and full participation of individuals who are blind or visually impaired104
in society on equal terms with others.105
30-11-4.106
(a) The Commission for the Blind and the Visually Impaired is hereby created and107
established to perform the functions and duties set out in this chapter and to assume the108
duties, powers, and authority exercised on June 30, 2023, by the Georgia Vocational109
Rehabilitation Agency with respect to blind or visually impaired persons.110
(b) On and after July 1, 2023, the powers, functions, duties, programs, and authority of the111
Georgia Vocational Rehabilitation Agency relating to blind or visually impaired persons112
shall be performed and exercised by the commission. The commission shall take all113
necessary steps to ensure continuity of services for blind or visually impaired persons114
during such transfer.115
(c) The commission shall be assigned to the Department of Human Services for116
administrative purposes only, as prescribed in Code Section 50-4-3.117 23 LC 33 9203
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30-11-5.118
(a) The commission shall consist of a chairperson and five members. The Governor shall119
appoint the chairperson and one member, the Speaker of the House shall appoint two120
members, and the President of the Senate shall appoint two members. The chairperson and121
members shall be qualified to serve based on knowledge and experience in rehabilitation122
and related services for the blind or visually impaired. A majority of the members shall be123
blind or visually impaired. No member of the commission shall be employed by the124
commission during the term of such membership.125
(b) The Governor, the Speaker of the House, and the President of the Senate shall consult126
with consumer groups representing blind or visually impaired persons in this state to obtain127
their recommendations of individuals to be appointed.128
(c) The appointment of each member shall be for a term of three years, except for the129
terms of the initially appointed members. One member appointed by each officer shall130
serve for terms of two years, and the chairperson and the other initial appointments shall131
serve for terms of one year. Thereafter, all members shall be appointed for terms of three132
years.133
(d) The commission shall meet quarterly and at such other times as it shall determine. The134
chairperson of the commission shall be elected by the members present and voting at the135
first meeting of the commission and annually thereafter. Commissioners shall receive no136
salary, but shall be allowed the usual mileage, subsistence, and per diem as authorized by137
law. A majority of the members of the commission shall constitute a quorum to transact138
business.139
30-11-6.140
(a) The commission shall appoint an executive director with knowledge and experience141
in rehabilitation and related services for the blind or visually impaired. The executive142
director shall serve as secretary to the commission and shall be the chief administrative143 23 LC 33 9203
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officer of the commission. The executive director's appointment shall be for an indefinite144
period but may be terminated for cause as determined by a majority of the commission.145
Preference shall be given to employing an individual who is blind or visually impaired and146
meets the qualifications specified by the commission.147
(b) The executive director shall employ such personnel as are needed and shall fix their148
compensation in a manner consistent with state law.149
30-11-7.150
(a) The commission shall:151
(1) Develop and carry out a state plan for vocational rehabilitation services for152
individuals who are blind or visually impaired pursuant to Section 101 of the federal153
Rehabilitation Act of 1973, as amended;154
(2) Provide independent living services for blind or visually impaired individuals,155
including services for older individuals who are blind or visually impaired, pursuant to156
Title VII of the federal Rehabilitation Act of 1973, as amended;157
(3) Contract with private agencies that provide services for the blind or visually impaired158
to provide prevocational and other training such as, but not limited to, instruction in159
Braille, orientation and mobility for independent travel, homemaking and160
home-management skills, and communications skills, including the use of computer161
technology, to prepare blind and visually impaired persons for eventual vocational162
training, job placement, higher education, home skills such as reading of mail and letter163
writing, and independence;164
(4) Establish and carry out a business enterprises program and serve as the state licensing165
agency for blind and visually impaired individuals pursuant to the federal166
Randolph-Sheppard Act;167
(5) Establish and administer an industries for the blind program and serve as the state168
licensing agency;169 23 LC 33 9203
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(6) Establish and administer a state-wide program to certify individuals who are qualified170
to teach Braille to blind or visually impaired individuals, including individuals attending171
elementary and secondary schools, using performance criteria based on the National172
Literary Braille competency examination administered by the Library of Congress;173
(7) Purchase and distribute specialized equipment, devices, and technology, including174
low-vision aids, obtained directly from specialty vendors without state centralized175
purchasing procedures;176
(8) Provide library services to persons who are blind or visually impaired and persons177
with physical disabilities in cooperation with the Library of Congress;178
(9) Create and maintain an instructional media center for the production, purchase,179
distribution, reallocation, and warehousing of accessible materials for blind or visually180
impaired children and adults;181
(10) Provide technical assistance in cooperation with other appropriate agencies to assist182
the Department of Education and local boards of education in the provision of auxiliary183
aids and services to blind or visually impaired students and their parents by complying184
with the federal Americans with Disabilities Act, as amended, and the federal Individuals185
with Disabilities Education Act, as amended;186
(11) Provide technical assistance to agencies within this state in order to ensure that187
information technology purchased or used by such agencies is accessible to and usable188
by individuals who are blind or visually impaired at the time the technology is purchased189
or used;190
(12) Participate, through the designation of the executive director or an appropriate staff191
member of the commission, on boards, commissions, or bodies which may exist or be192
established within this state for the purpose of coordination and planning of services;193
(13) Conduct a review of consumer satisfaction with programs of the commission and194
perform other functions of the state-wide rehabilitation council specified in Section195
105(c) of the federal Rehabilitation Act of 1973, as amended;196 23 LC 33 9203
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(14) Apply for and receive money from any state or federal agency to support the197
programs of the commission and receive on behalf of this state any gifts, donations, or198
bequests from any source to be used in carrying out the commission's duties as described199
in this chapter; and200
(15) Develop and administer any other program which will further the provision of201
services to the blind or visually impaired and is determined by the commission to fall202
within its scope of responsibility.203
(b) The commission may carry out any of the powers and duties enumerated in this Code204
section by contract or cooperative agreement or by the direct administration of any205
program.206
(c) The commission shall promulgate such rules and regulations as are necessary for the207
execution of its functions under this chapter.208
30-11-8.209
The commission is authorized to license blind persons to operate vending facilities under210
its supervision and control, subject to rules and regulations promulgated by the211
commission, on:212
(1) State property;213
(2) County or municipal property;214
(3) Federal property, pursuant to delegation of authority under the Randolph-Sheppard215
Act, 20 U.S.C. Section 107(b), and any amendment thereto or any act of Congress216
relating to this subject; and217
(4) Private property.218
30-11-9.219
(a) The commission shall oversee the delivery of deaf-blind services and techniques220
provided by an organization pursuant to subsection (c) of this Code section that lead to221 23 LC 33 9203
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maximum independence and employment for individuals with both a hearing and a vision222
loss. These services shall include, but not be limited to, transition of deaf-blind youth from223
education to the work force; identification of deaf-blind individuals in Georgia;224
communication access for varying groups of individuals and their unique needs; training225
deaf-blind individuals in orientation and mobility, rehabilitation, and Braille; utilization of226
support service providers to function as sighted guides, communication facilitators, and227
providers of transportation; support and increase in the number of qualified sign language228
interpreters working with deaf-blind individuals; use of adaptive technologies, such as229
computers, telebraillers, and TTY devices; strategies and techniques to assist deaf-blind230
individuals in obtaining the highest level of independence possible; and peer support which231
provides access to information, people, and places.232
(b) The commission shall, to the greatest extent possible, integrate the services and233
techniques required pursuant to subsection (a) of this Code section into its standard234
practices and procedures with the objective of providing appropriate services in an235
appropriate manner to individuals in the deaf-blind community.236
(c) Subject to appropriations by the General Assembly, the commission shall retain an237
organization knowledgeable on deaf-blind issues to provide the services and techniques238
included in subsection (a) of this Code section to deaf-blind individuals and to provide239
comprehensive training to commission staff on such services and techniques required240
pursuant to subsection (a) of this Code section. Such organization shall be retained no later241
than six months after funding from appropriations by the General Assembly has been made242
available for expenditure by the commission.243
30-11-10.244
The commission shall publish an annual report including a list of accomplishments,245
findings, and recommendations for improvement based on its activities and performance246 23 LC 33 9203
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during the year. The report shall contain information needed to evaluate the progress of247
the commission in meeting the needs of blind or visually impaired individuals in this state.248
30-11-11.249
(a) Any applicant for or recipient of services from the commission who is dissatisfied with250
any action taken or decision made regarding such services may file a complaint, setting251
forth the basis for the dissatisfaction and the remedy sought. Upon receipt of the252
complaint, the executive director shall inform the individual of the voluntary process253
available for mediation of the dispute. The mediation, if chosen by the individual, shall be254
conducted by a qualified and impartial mediator, and the cost shall be paid by the255
commission.256
(b) If the dispute cannot be resolved by mediation or other informal means, the executive257
director shall, upon request of the individual, convene an arbitration panel which shall give258
notice, conduct a hearing, and render a decision. The arbitration panel shall be composed259
of three members as follows:260
(1) One individual designated by the individual filing the complaint;261
(2) One individual designated by the executive director; and262
(3) One individual who is an impartial hearing officer, as defined in Section 102 of the263
federal Rehabilitation Act of 1973, agreed upon jointly by the individuals designated264
pursuant to paragraphs (1) and (2) of this subsection. Such individual shall serve as265
chairperson of the arbitration panel and issue the decision.266
(c) The commission shall promulgate rules and regulations sufficient to regulate all267
proceedings conducted pursuant to this Code section and to ensure the rights of all parties268
participating therein."269 23 LC 33 9203
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SECTION 5.
270
Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the transfer of271
the Division of Rehabilitation Services to the Department of Labor, is amended by revising272
Code Section 49-9-5, relating to provision of services to persons with disabilities, as follows:273
"49-9-5.274
The agency shall provide the services authorized by this chapter to persons with disabilities275
determined to be eligible therefor; and, in carrying out the purposes of this chapter, the276
agency is authorized, among other things:277
(1) To cooperate with other departments, agencies, and institutions, both public and278
private, in providing the services authorized by this chapter to persons with disabilities;279
in studying the problems involved therein; and in establishing, developing, and providing,280
in conformity with the purposes of this chapter, such programs, facilities, and services as281
may be necessary or desirable;282
(2) To enter into reciprocal agreements with other states to provide for the services283
authorized by this chapter to residents of the state concerned;284
(3) To conduct research and compile statistics relating to the provision of services or the285
need of services by persons with disabilities;286
(4) To license blind persons or other
persons with disabilities, other than blind persons,287
to operate vending facilities under its supervision and control, subject to the terms and288
conditions provided in regulations, policies, and procedures issued pursuant to Code289
Section 49-9-3, on:290
(A) State property;291
(B) County or municipal property;292
(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard293
Act, 20 U.S.C. Section 107(b), and any amendment thereto or any act of Congress294
relating to this subject; and295
(D) Private property; and296 23 LC 33 9203
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(5) To provide for the establishment, supervision, and control of suitable business
297
enterprises to be operated by persons with disabilities."298
SECTION 6.299
Said chapter is further amended by repealing Code Section 49-9-21, relating to delivery of300
deaf-blind services and techniques leading to maximum independence and integration, in its301
entirety.302
SECTION 7.303
Said chapter is further amended by revising Article 2, relating to vending facilities on state304
property, as follows:305
"ARTICLE 2306
49-9-40.307
As used in this article, the term:308
(1) 'State property' means any building, land, or other real property owned, leased, or309
occupied by any department, commission, board, bureau, agency, public corporation, or310
other instrumentality of the state, including, but not limited to, the Georgia Building311
Authority, and any other real property in which the state has a legal or beneficial interest;312
provided, however, that
the term 'state property' shall not include any property, real or313
personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of314
the University System of Georgia, the Georgia Education Authority (University), or any315
county or independent school system of this state.316
(2) 'Vending facility' means vending stands, vending machines, snack bars, cart service,317
shelters, counters, and such other appropriate facilities and equipment as may be318
necessary for the sale of articles or services by licensed blind persons licensed by the319 23 LC 33 9203
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Commission for the Blind and the Visually Impaired or other persons with disabilities320
licensed by the agency, as prescribed by rules and regulations adopted by the321
Commission for the Blind and the Visually Impaired and the agency, respectively.322
49-9-41.323
To effectuate the purposes of this article, it is declared to be public policy of the state that324
on any state property where the Commission for the Blind and the Visually Impaired or the325
board determines it to be feasible to establish a vending facility to be operated by a licensed326
operator as provided in this article and where the agency or department or custodian of327
such property determines that such facility can be established without undue inconvenience328
to the operation being carried on in such state building or property, the preference accorded329
in this article shall require that such vending facility site not be deemed available for letting330
to competitive bidders for revenue-producing purposes unless the Commission for the331
Blind and the Visually Impaired or the board declines to establish on such site a vending332
facility for blind persons or other persons with disabilities. The income to the agency or333
department or custodian controlling the space for such facility sites shall generally not be334
expected to exceed reimbursement for the cost of providing such facility site space and the335
services connected therewith; but in any case where such income exceeds those purposes,336
it shall be paid into the state treasury, subject to certification and audit.337
49-9-42.338
For the purpose of providing blind persons or other persons with disabilities with339
remunerative employment, enlarging their economic opportunities, and stimulating them340
to greater effort in striving to make themselves self-supporting, such blind persons who are341
licensed by the Commission for the Blind and the Visually Impaired pursuant to Code342
Section 30-11-7 or other persons with disabilities who are licensed by the Georgia343
Vocational Rehabilitation Agency pursuant to Code Section 49-9-5 shall be authorized to344 23 LC 33 9203
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operate vending facilities on any state property where such vending facilities may be
345
properly and satisfactorily operated by blind persons or other persons with disabilities. In346
authorizing the operation of vending facilities on state property, preference shall be given,347
so far as feasible, to blind persons licensed by the Commission for the Blind and the
348
Visually Impaired or other persons with disabilities licensed by the Georgia Vocational349
Rehabilitation Agency as provided in this article; and the head of each department or350
agency in control of the maintenance, operation, and protection of state property shall, after351
consultation with the Commission for the Blind and the Visually Impaired and the board352
and with the approval of the Governor, prescribe regulations designed to assure such353
preference (including assignment of vending machine income to achieve and protect such354
preference) for such licensed blind persons or other persons with disabilities without355
unduly inconveniencing such departments and agencies or adversely affecting the interests356
of the state."357
SECTION 8.358
This Act shall become effective on July 1, 2023.359
SECTION 9.360
All laws and parts of laws in conflict with this Act are repealed.361