| 1 | 1 | | 23 LC 33 9203 |
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| 2 | 2 | | H. B. 399 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 399 |
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| 5 | 5 | | By: Representatives Schofield of the 63 |
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| 6 | 6 | | rd |
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| 7 | 7 | | , Beverly of the 143 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Davis of the 87 |
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| 10 | 10 | | th |
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| 11 | 11 | | , Mitchell |
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| 12 | 12 | | of the 88 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and Scott of the 76 |
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| 15 | 15 | | th |
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| 16 | 16 | | |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped |
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| 20 | 20 | | 1 |
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| 21 | 21 | | persons, so as to create the Commission for the Blind and the Visually Impaired; to transfer2 |
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| 22 | 22 | | the direction and supervision of Georgia Industries for the Blind from the Georgia Vocational3 |
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| 23 | 23 | | Rehabilitation Agency to the commission; to provide for a short title; to provide for4 |
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| 24 | 24 | | definitions; to provide for legislative intent; to provide for the transfer of functions to the5 |
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| 25 | 25 | | commission; to provide for the composition and appointment of commission members; to6 |
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| 26 | 26 | | provide for an executive director; to provide for duties and powers of the commission; to7 |
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| 27 | 27 | | authorize the commission to license blind persons to operate vending facilities; to transfer8 |
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| 28 | 28 | | the oversight of the delivery of deaf-blind services and techniques that lead to maximum9 |
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| 29 | 29 | | independence and employment for individuals with both a hearing and a vision loss to the10 |
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| 30 | 30 | | commission; to provide for an annual report; to provide for a complaint process; to amend11 |
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| 31 | 31 | | Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the transfer of12 |
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| 32 | 32 | | the Division of Rehabilitation Services to the Department of Labor, so as to establish the role13 |
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| 33 | 33 | | of the commission in facilitating the operation by blind persons and other persons with14 |
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| 34 | 34 | | disabilities of vending facilities on state property; to provide for related matters; to provide15 |
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| 35 | 35 | | for an effective date; to repeal conflicting laws; and for other purposes.16 |
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| 36 | 36 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 23 LC 33 9203 |
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| 37 | 37 | | H. B. 399 |
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| 38 | 38 | | - 2 - |
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| 39 | 39 | | SECTION 1. |
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| 40 | 40 | | 18 |
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| 41 | 41 | | Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is19 |
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| 42 | 42 | | amended by revising Code Section 30-2-3, relating to supervision of Georgia Industries for20 |
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| 43 | 43 | | the Blind by Georgia Vocational Rehabilitation Agency and acquisition of property, as21 |
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| 44 | 44 | | follows:22 |
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| 45 | 45 | | "30-2-3.23 |
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| 46 | 46 | | (a) The industries shall be state institutions under the direction and supervision of the24 |
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| 47 | 47 | | Georgia Vocational Rehabilitation Agency |
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| 48 | 48 | | Commission for the Blind and the Visually25 |
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| 49 | 49 | | Impaired.26 |
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| 50 | 50 | | (b) The Georgia Vocational Rehabilitation Agency Commission for the Blind and the27 |
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| 51 | 51 | | Visually Impaired is authorized to provide the property necessary for the industries. The28 |
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| 52 | 52 | | Georgia Vocational Rehabilitation Agency Commission for the Blind and the Visually29 |
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| 53 | 53 | | Impaired may acquire real property through the State Properties Commission pursuant to30 |
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| 54 | 54 | | Code Section 50-16-38 or the agency commission may enter into rental agreements in order31 |
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| 55 | 55 | | to acquire the needed space."32 |
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| 56 | 56 | | SECTION 2.33 |
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| 57 | 57 | | Said title is further amended by revising Code Section 30-2-4, relating to superintendents for34 |
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| 58 | 58 | | industries, operation of industries generally, and purchase of goods manufactured at35 |
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| 59 | 59 | | industries by state institutions, as follows:36 |
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| 60 | 60 | | "30-2-4.37 |
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| 61 | 61 | | (a) There shall be superintendents for the industries. Preference shall be given to blind38 |
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| 62 | 62 | | persons with the skill and experience to perform such jobs. The department Commission39 |
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| 63 | 63 | | for the Blind and the Visually Impaired shall provide for the equipment, maintenance, and40 |
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| 64 | 64 | | management of the industries; shall provide for the selection and eligibility of applicants41 |
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| 65 | 65 | | for admission to an industry; shall provide for the sale of supplies manufactured at the42 |
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| 66 | 66 | | industries to the departments of the state, its subdivisions, and institutions, and to the43 23 LC 33 9203 |
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| 67 | 67 | | H. B. 399 |
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| 68 | 68 | | - 3 - |
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| 69 | 69 | | federal government and other states and to individual and corporate dealers in such |
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| 70 | 70 | | 44 |
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| 71 | 71 | | supplies; shall provide for housing, rationing, hours of labor, scale of pay, or division of45 |
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| 72 | 72 | | profits, subject to this chapter; and shall provide all other rules for the proper management46 |
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| 73 | 73 | | of the industries not in conflict with this chapter. The department |
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| 74 | 74 | | Commission for the47 |
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| 75 | 75 | | Blind and the Visually Impaired shall procure necessary machinery, equipment, and48 |
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| 76 | 76 | | furnishings for the industries; shall make contracts for power, lighting, and heating; and49 |
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| 77 | 77 | | shall arrange for all other things necessary and proper for the conduct of the industries.50 |
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| 78 | 78 | | (b) All departments, subdivisions, and institutions of the State of Georgia are directed to51 |
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| 79 | 79 | | give preference in purchases to goods manufactured at the industries, provided said goods52 |
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| 80 | 80 | | are of equal quality and competitive in price."53 |
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| 81 | 81 | | SECTION 3.54 |
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| 82 | 82 | | Said title is further amended by revising Code Section 30-2-7, relating to compensation of55 |
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| 83 | 83 | | workers and observance of and payment for state holidays, as follows:56 |
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| 84 | 84 | | "30-2-7.57 |
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| 85 | 85 | | (a) Each worker in an industry who is otherwise entitled to share in the benefits provided58 |
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| 86 | 86 | | for blind persons under Articles 1 and 3 of Chapter 4 of Title 49 shall, in addition to the59 |
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| 87 | 87 | | amount received as compensation for his or her services in the industry, receive from the60 |
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| 88 | 88 | | Department of Human Services such amount of public assistance as shall be determined61 |
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| 89 | 89 | | in accordance with the regulations approved by the commissioner of human services.62 |
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| 90 | 90 | | (b) All workers in the industries shall observe all holidays observed by other departments63 |
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| 91 | 91 | | and agencies of the state government and shall receive their proportionate compensation64 |
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| 92 | 92 | | for each holiday so observed. If any worker shall be compensated in such a manner that65 |
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| 93 | 93 | | his or her daily compensation is not fixed, but rather is based upon a production basis, he66 |
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| 94 | 94 | | or she shall receive by way of compensation for such observance of state holidays the67 |
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| 95 | 95 | | average daily production compensation received by him or her during the immediately68 |
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| 96 | 96 | | preceding 30 day period, holidays and Sundays excluded. The Georgia Vocational69 23 LC 33 9203 |
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| 97 | 97 | | H. B. 399 |
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| 98 | 98 | | - 4 - |
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| 99 | 99 | | Rehabilitation Agency Commission for the Blind and the Visually Impaired is authorized70 |
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| 100 | 100 | | and directed to pay such compensation from the funds appropriated to and available for the71 |
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| 101 | 101 | | agency commission."72 |
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| 102 | 102 | | SECTION 4.73 |
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| 103 | 103 | | Said title is further amended by adding a new chapter to the end of such title to read as74 |
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| 104 | 104 | | follows:75 |
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| 105 | 105 | | "CHAPTER 1176 |
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| 106 | 106 | | 30-11-1.77 |
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| 107 | 107 | | This chapter shall be known and may be cited as the 'Commission for the Blind and the78 |
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| 108 | 108 | | Visually Impaired Act.'79 |
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| 109 | 109 | | 30-11-2.80 |
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| 110 | 110 | | As used in this chapter, the term:81 |
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| 111 | 111 | | (1) 'Blind or visually impaired' means a person:82 |
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| 112 | 112 | | (A) Having a central visual acuity of 20/200 in the better eye with the best corrective83 |
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| 113 | 113 | | lens, or a visual field of 20 degrees or less; or84 |
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| 114 | 114 | | (B) With a severe visual disability resulting in legal blindness verified by an eye85 |
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| 115 | 115 | | examination.86 |
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| 116 | 116 | | (2) 'Commission' means the Commission for the Blind and the Visually Impaired.87 |
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| 117 | 117 | | 30-11-3.88 |
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| 118 | 118 | | (a) The purpose for the establishment of a commission for the blind and the visually89 |
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| 119 | 119 | | impaired is to ensure that people who are blind, visually impaired, or deaf-blind have90 |
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| 120 | 120 | | access, from cradle to grave, to quality services throughout the State of Georgia so that they91 23 LC 33 9203 |
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| 121 | 121 | | H. B. 399 |
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| 122 | 122 | | - 5 - |
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| 123 | 123 | | may attain independent living skills, maximize successful career opportunities, and92 |
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| 124 | 124 | | increase independence and self-sufficiency to promote the upward mobility of the93 |
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| 125 | 125 | | consumer as a viable member of the community and to do whatever is deemed necessary94 |
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| 126 | 126 | | to achieve the most positive outcome for the consumer.95 |
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| 127 | 127 | | (b) It is the policy of this state that all programs, projects, and activities of the commission96 |
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| 128 | 128 | | shall be carried out in a manner consistent with the following principles:97 |
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| 129 | 129 | | (1) Respect for individual dignity, personal responsibility, self-determination, and pursuit98 |
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| 130 | 130 | | of meaningful careers, based on informed choice;99 |
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| 131 | 131 | | (2) Support for the involvement of an individual's representative if an individual100 |
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| 132 | 132 | | requests, desires, or needs such support;101 |
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| 133 | 133 | | (3) Respect for the individual's privacy and equal access, including the use of102 |
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| 134 | 134 | | information in accessible formats; and103 |
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| 135 | 135 | | (4) Integration and full participation of individuals who are blind or visually impaired104 |
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| 136 | 136 | | in society on equal terms with others.105 |
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| 137 | 137 | | 30-11-4.106 |
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| 138 | 138 | | (a) The Commission for the Blind and the Visually Impaired is hereby created and107 |
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| 139 | 139 | | established to perform the functions and duties set out in this chapter and to assume the108 |
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| 140 | 140 | | duties, powers, and authority exercised on June 30, 2023, by the Georgia Vocational109 |
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| 141 | 141 | | Rehabilitation Agency with respect to blind or visually impaired persons.110 |
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| 142 | 142 | | (b) On and after July 1, 2023, the powers, functions, duties, programs, and authority of the111 |
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| 143 | 143 | | Georgia Vocational Rehabilitation Agency relating to blind or visually impaired persons112 |
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| 144 | 144 | | shall be performed and exercised by the commission. The commission shall take all113 |
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| 145 | 145 | | necessary steps to ensure continuity of services for blind or visually impaired persons114 |
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| 146 | 146 | | during such transfer.115 |
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| 147 | 147 | | (c) The commission shall be assigned to the Department of Human Services for116 |
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| 148 | 148 | | administrative purposes only, as prescribed in Code Section 50-4-3.117 23 LC 33 9203 |
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| 149 | 149 | | H. B. 399 |
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| 150 | 150 | | - 6 - |
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| 151 | 151 | | 30-11-5.118 |
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| 152 | 152 | | (a) The commission shall consist of a chairperson and five members. The Governor shall119 |
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| 153 | 153 | | appoint the chairperson and one member, the Speaker of the House shall appoint two120 |
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| 154 | 154 | | members, and the President of the Senate shall appoint two members. The chairperson and121 |
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| 155 | 155 | | members shall be qualified to serve based on knowledge and experience in rehabilitation122 |
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| 156 | 156 | | and related services for the blind or visually impaired. A majority of the members shall be123 |
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| 157 | 157 | | blind or visually impaired. No member of the commission shall be employed by the124 |
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| 158 | 158 | | commission during the term of such membership.125 |
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| 159 | 159 | | (b) The Governor, the Speaker of the House, and the President of the Senate shall consult126 |
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| 160 | 160 | | with consumer groups representing blind or visually impaired persons in this state to obtain127 |
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| 161 | 161 | | their recommendations of individuals to be appointed.128 |
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| 162 | 162 | | (c) The appointment of each member shall be for a term of three years, except for the129 |
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| 163 | 163 | | terms of the initially appointed members. One member appointed by each officer shall130 |
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| 164 | 164 | | serve for terms of two years, and the chairperson and the other initial appointments shall131 |
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| 165 | 165 | | serve for terms of one year. Thereafter, all members shall be appointed for terms of three132 |
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| 166 | 166 | | years.133 |
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| 167 | 167 | | (d) The commission shall meet quarterly and at such other times as it shall determine. The134 |
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| 168 | 168 | | chairperson of the commission shall be elected by the members present and voting at the135 |
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| 169 | 169 | | first meeting of the commission and annually thereafter. Commissioners shall receive no136 |
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| 170 | 170 | | salary, but shall be allowed the usual mileage, subsistence, and per diem as authorized by137 |
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| 171 | 171 | | law. A majority of the members of the commission shall constitute a quorum to transact138 |
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| 172 | 172 | | business.139 |
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| 173 | 173 | | 30-11-6.140 |
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| 174 | 174 | | (a) The commission shall appoint an executive director with knowledge and experience141 |
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| 175 | 175 | | in rehabilitation and related services for the blind or visually impaired. The executive142 |
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| 176 | 176 | | director shall serve as secretary to the commission and shall be the chief administrative143 23 LC 33 9203 |
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| 177 | 177 | | H. B. 399 |
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| 178 | 178 | | - 7 - |
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| 179 | 179 | | officer of the commission. The executive director's appointment shall be for an indefinite144 |
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| 180 | 180 | | period but may be terminated for cause as determined by a majority of the commission.145 |
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| 181 | 181 | | Preference shall be given to employing an individual who is blind or visually impaired and146 |
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| 182 | 182 | | meets the qualifications specified by the commission.147 |
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| 183 | 183 | | (b) The executive director shall employ such personnel as are needed and shall fix their148 |
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| 184 | 184 | | compensation in a manner consistent with state law.149 |
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| 185 | 185 | | 30-11-7.150 |
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| 186 | 186 | | (a) The commission shall:151 |
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| 187 | 187 | | (1) Develop and carry out a state plan for vocational rehabilitation services for152 |
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| 188 | 188 | | individuals who are blind or visually impaired pursuant to Section 101 of the federal153 |
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| 189 | 189 | | Rehabilitation Act of 1973, as amended;154 |
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| 190 | 190 | | (2) Provide independent living services for blind or visually impaired individuals,155 |
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| 191 | 191 | | including services for older individuals who are blind or visually impaired, pursuant to156 |
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| 192 | 192 | | Title VII of the federal Rehabilitation Act of 1973, as amended;157 |
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| 193 | 193 | | (3) Contract with private agencies that provide services for the blind or visually impaired158 |
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| 194 | 194 | | to provide prevocational and other training such as, but not limited to, instruction in159 |
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| 195 | 195 | | Braille, orientation and mobility for independent travel, homemaking and160 |
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| 196 | 196 | | home-management skills, and communications skills, including the use of computer161 |
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| 197 | 197 | | technology, to prepare blind and visually impaired persons for eventual vocational162 |
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| 198 | 198 | | training, job placement, higher education, home skills such as reading of mail and letter163 |
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| 199 | 199 | | writing, and independence;164 |
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| 200 | 200 | | (4) Establish and carry out a business enterprises program and serve as the state licensing165 |
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| 201 | 201 | | agency for blind and visually impaired individuals pursuant to the federal166 |
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| 202 | 202 | | Randolph-Sheppard Act;167 |
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| 203 | 203 | | (5) Establish and administer an industries for the blind program and serve as the state168 |
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| 204 | 204 | | licensing agency;169 23 LC 33 9203 |
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| 205 | 205 | | H. B. 399 |
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| 206 | 206 | | - 8 - |
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| 207 | 207 | | (6) Establish and administer a state-wide program to certify individuals who are qualified170 |
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| 208 | 208 | | to teach Braille to blind or visually impaired individuals, including individuals attending171 |
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| 209 | 209 | | elementary and secondary schools, using performance criteria based on the National172 |
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| 210 | 210 | | Literary Braille competency examination administered by the Library of Congress;173 |
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| 211 | 211 | | (7) Purchase and distribute specialized equipment, devices, and technology, including174 |
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| 212 | 212 | | low-vision aids, obtained directly from specialty vendors without state centralized175 |
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| 213 | 213 | | purchasing procedures;176 |
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| 214 | 214 | | (8) Provide library services to persons who are blind or visually impaired and persons177 |
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| 215 | 215 | | with physical disabilities in cooperation with the Library of Congress;178 |
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| 216 | 216 | | (9) Create and maintain an instructional media center for the production, purchase,179 |
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| 217 | 217 | | distribution, reallocation, and warehousing of accessible materials for blind or visually180 |
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| 218 | 218 | | impaired children and adults;181 |
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| 219 | 219 | | (10) Provide technical assistance in cooperation with other appropriate agencies to assist182 |
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| 220 | 220 | | the Department of Education and local boards of education in the provision of auxiliary183 |
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| 221 | 221 | | aids and services to blind or visually impaired students and their parents by complying184 |
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| 222 | 222 | | with the federal Americans with Disabilities Act, as amended, and the federal Individuals185 |
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| 223 | 223 | | with Disabilities Education Act, as amended;186 |
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| 224 | 224 | | (11) Provide technical assistance to agencies within this state in order to ensure that187 |
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| 225 | 225 | | information technology purchased or used by such agencies is accessible to and usable188 |
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| 226 | 226 | | by individuals who are blind or visually impaired at the time the technology is purchased189 |
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| 227 | 227 | | or used;190 |
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| 228 | 228 | | (12) Participate, through the designation of the executive director or an appropriate staff191 |
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| 229 | 229 | | member of the commission, on boards, commissions, or bodies which may exist or be192 |
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| 230 | 230 | | established within this state for the purpose of coordination and planning of services;193 |
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| 231 | 231 | | (13) Conduct a review of consumer satisfaction with programs of the commission and194 |
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| 232 | 232 | | perform other functions of the state-wide rehabilitation council specified in Section195 |
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| 233 | 233 | | 105(c) of the federal Rehabilitation Act of 1973, as amended;196 23 LC 33 9203 |
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| 234 | 234 | | H. B. 399 |
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| 235 | 235 | | - 9 - |
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| 236 | 236 | | (14) Apply for and receive money from any state or federal agency to support the197 |
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| 237 | 237 | | programs of the commission and receive on behalf of this state any gifts, donations, or198 |
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| 238 | 238 | | bequests from any source to be used in carrying out the commission's duties as described199 |
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| 239 | 239 | | in this chapter; and200 |
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| 240 | 240 | | (15) Develop and administer any other program which will further the provision of201 |
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| 241 | 241 | | services to the blind or visually impaired and is determined by the commission to fall202 |
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| 242 | 242 | | within its scope of responsibility.203 |
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| 243 | 243 | | (b) The commission may carry out any of the powers and duties enumerated in this Code204 |
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| 244 | 244 | | section by contract or cooperative agreement or by the direct administration of any205 |
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| 245 | 245 | | program.206 |
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| 246 | 246 | | (c) The commission shall promulgate such rules and regulations as are necessary for the207 |
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| 247 | 247 | | execution of its functions under this chapter.208 |
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| 248 | 248 | | 30-11-8.209 |
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| 249 | 249 | | The commission is authorized to license blind persons to operate vending facilities under210 |
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| 250 | 250 | | its supervision and control, subject to rules and regulations promulgated by the211 |
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| 251 | 251 | | commission, on:212 |
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| 252 | 252 | | (1) State property;213 |
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| 253 | 253 | | (2) County or municipal property;214 |
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| 254 | 254 | | (3) Federal property, pursuant to delegation of authority under the Randolph-Sheppard215 |
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| 255 | 255 | | Act, 20 U.S.C. Section 107(b), and any amendment thereto or any act of Congress216 |
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| 256 | 256 | | relating to this subject; and217 |
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| 257 | 257 | | (4) Private property.218 |
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| 258 | 258 | | 30-11-9.219 |
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| 259 | 259 | | (a) The commission shall oversee the delivery of deaf-blind services and techniques220 |
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| 260 | 260 | | provided by an organization pursuant to subsection (c) of this Code section that lead to221 23 LC 33 9203 |
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| 261 | 261 | | H. B. 399 |
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| 262 | 262 | | - 10 - |
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| 263 | 263 | | maximum independence and employment for individuals with both a hearing and a vision222 |
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| 264 | 264 | | loss. These services shall include, but not be limited to, transition of deaf-blind youth from223 |
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| 265 | 265 | | education to the work force; identification of deaf-blind individuals in Georgia;224 |
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| 266 | 266 | | communication access for varying groups of individuals and their unique needs; training225 |
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| 267 | 267 | | deaf-blind individuals in orientation and mobility, rehabilitation, and Braille; utilization of226 |
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| 268 | 268 | | support service providers to function as sighted guides, communication facilitators, and227 |
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| 269 | 269 | | providers of transportation; support and increase in the number of qualified sign language228 |
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| 270 | 270 | | interpreters working with deaf-blind individuals; use of adaptive technologies, such as229 |
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| 271 | 271 | | computers, telebraillers, and TTY devices; strategies and techniques to assist deaf-blind230 |
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| 272 | 272 | | individuals in obtaining the highest level of independence possible; and peer support which231 |
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| 273 | 273 | | provides access to information, people, and places.232 |
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| 274 | 274 | | (b) The commission shall, to the greatest extent possible, integrate the services and233 |
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| 275 | 275 | | techniques required pursuant to subsection (a) of this Code section into its standard234 |
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| 276 | 276 | | practices and procedures with the objective of providing appropriate services in an235 |
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| 277 | 277 | | appropriate manner to individuals in the deaf-blind community.236 |
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| 278 | 278 | | (c) Subject to appropriations by the General Assembly, the commission shall retain an237 |
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| 279 | 279 | | organization knowledgeable on deaf-blind issues to provide the services and techniques238 |
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| 280 | 280 | | included in subsection (a) of this Code section to deaf-blind individuals and to provide239 |
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| 281 | 281 | | comprehensive training to commission staff on such services and techniques required240 |
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| 282 | 282 | | pursuant to subsection (a) of this Code section. Such organization shall be retained no later241 |
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| 283 | 283 | | than six months after funding from appropriations by the General Assembly has been made242 |
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| 284 | 284 | | available for expenditure by the commission.243 |
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| 285 | 285 | | 30-11-10.244 |
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| 286 | 286 | | The commission shall publish an annual report including a list of accomplishments,245 |
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| 287 | 287 | | findings, and recommendations for improvement based on its activities and performance246 23 LC 33 9203 |
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| 288 | 288 | | H. B. 399 |
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| 289 | 289 | | - 11 - |
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| 290 | 290 | | during the year. The report shall contain information needed to evaluate the progress of247 |
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| 291 | 291 | | the commission in meeting the needs of blind or visually impaired individuals in this state.248 |
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| 292 | 292 | | 30-11-11.249 |
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| 293 | 293 | | (a) Any applicant for or recipient of services from the commission who is dissatisfied with250 |
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| 294 | 294 | | any action taken or decision made regarding such services may file a complaint, setting251 |
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| 295 | 295 | | forth the basis for the dissatisfaction and the remedy sought. Upon receipt of the252 |
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| 296 | 296 | | complaint, the executive director shall inform the individual of the voluntary process253 |
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| 297 | 297 | | available for mediation of the dispute. The mediation, if chosen by the individual, shall be254 |
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| 298 | 298 | | conducted by a qualified and impartial mediator, and the cost shall be paid by the255 |
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| 299 | 299 | | commission.256 |
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| 300 | 300 | | (b) If the dispute cannot be resolved by mediation or other informal means, the executive257 |
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| 301 | 301 | | director shall, upon request of the individual, convene an arbitration panel which shall give258 |
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| 302 | 302 | | notice, conduct a hearing, and render a decision. The arbitration panel shall be composed259 |
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| 303 | 303 | | of three members as follows:260 |
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| 304 | 304 | | (1) One individual designated by the individual filing the complaint;261 |
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| 305 | 305 | | (2) One individual designated by the executive director; and262 |
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| 306 | 306 | | (3) One individual who is an impartial hearing officer, as defined in Section 102 of the263 |
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| 307 | 307 | | federal Rehabilitation Act of 1973, agreed upon jointly by the individuals designated264 |
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| 308 | 308 | | pursuant to paragraphs (1) and (2) of this subsection. Such individual shall serve as265 |
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| 309 | 309 | | chairperson of the arbitration panel and issue the decision.266 |
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| 310 | 310 | | (c) The commission shall promulgate rules and regulations sufficient to regulate all267 |
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| 311 | 311 | | proceedings conducted pursuant to this Code section and to ensure the rights of all parties268 |
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| 312 | 312 | | participating therein."269 23 LC 33 9203 |
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| 313 | 313 | | H. B. 399 |
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| 314 | 314 | | - 12 - |
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| 315 | 315 | | SECTION 5. |
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| 316 | 316 | | 270 |
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| 317 | 317 | | Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the transfer of271 |
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| 318 | 318 | | the Division of Rehabilitation Services to the Department of Labor, is amended by revising272 |
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| 319 | 319 | | Code Section 49-9-5, relating to provision of services to persons with disabilities, as follows:273 |
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| 320 | 320 | | "49-9-5.274 |
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| 321 | 321 | | The agency shall provide the services authorized by this chapter to persons with disabilities275 |
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| 322 | 322 | | determined to be eligible therefor; and, in carrying out the purposes of this chapter, the276 |
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| 323 | 323 | | agency is authorized, among other things:277 |
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| 324 | 324 | | (1) To cooperate with other departments, agencies, and institutions, both public and278 |
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| 325 | 325 | | private, in providing the services authorized by this chapter to persons with disabilities;279 |
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| 326 | 326 | | in studying the problems involved therein; and in establishing, developing, and providing,280 |
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| 327 | 327 | | in conformity with the purposes of this chapter, such programs, facilities, and services as281 |
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| 328 | 328 | | may be necessary or desirable;282 |
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| 329 | 329 | | (2) To enter into reciprocal agreements with other states to provide for the services283 |
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| 330 | 330 | | authorized by this chapter to residents of the state concerned;284 |
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| 331 | 331 | | (3) To conduct research and compile statistics relating to the provision of services or the285 |
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| 332 | 332 | | need of services by persons with disabilities;286 |
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| 333 | 333 | | (4) To license blind persons or other |
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| 334 | 334 | | persons with disabilities, other than blind persons,287 |
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| 335 | 335 | | to operate vending facilities under its supervision and control, subject to the terms and288 |
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| 336 | 336 | | conditions provided in regulations, policies, and procedures issued pursuant to Code289 |
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| 337 | 337 | | Section 49-9-3, on:290 |
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| 338 | 338 | | (A) State property;291 |
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| 339 | 339 | | (B) County or municipal property;292 |
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| 340 | 340 | | (C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard293 |
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| 341 | 341 | | Act, 20 U.S.C. Section 107(b), and any amendment thereto or any act of Congress294 |
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| 342 | 342 | | relating to this subject; and295 |
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| 343 | 343 | | (D) Private property; and296 23 LC 33 9203 |
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| 344 | 344 | | H. B. 399 |
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| 345 | 345 | | - 13 - |
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| 346 | 346 | | (5) To provide for the establishment, supervision, and control of suitable business |
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| 347 | 347 | | 297 |
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| 348 | 348 | | enterprises to be operated by persons with disabilities."298 |
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| 349 | 349 | | SECTION 6.299 |
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| 350 | 350 | | Said chapter is further amended by repealing Code Section 49-9-21, relating to delivery of300 |
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| 351 | 351 | | deaf-blind services and techniques leading to maximum independence and integration, in its301 |
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| 352 | 352 | | entirety.302 |
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| 353 | 353 | | SECTION 7.303 |
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| 354 | 354 | | Said chapter is further amended by revising Article 2, relating to vending facilities on state304 |
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| 355 | 355 | | property, as follows:305 |
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| 356 | 356 | | "ARTICLE 2306 |
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| 357 | 357 | | 49-9-40.307 |
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| 358 | 358 | | As used in this article, the term:308 |
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| 359 | 359 | | (1) 'State property' means any building, land, or other real property owned, leased, or309 |
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| 360 | 360 | | occupied by any department, commission, board, bureau, agency, public corporation, or310 |
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| 361 | 361 | | other instrumentality of the state, including, but not limited to, the Georgia Building311 |
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| 362 | 362 | | Authority, and any other real property in which the state has a legal or beneficial interest;312 |
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| 363 | 363 | | provided, however, that |
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| 364 | 364 | | the term 'state property' shall not include any property, real or313 |
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| 365 | 365 | | personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of314 |
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| 366 | 366 | | the University System of Georgia, the Georgia Education Authority (University), or any315 |
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| 367 | 367 | | county or independent school system of this state.316 |
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| 368 | 368 | | (2) 'Vending facility' means vending stands, vending machines, snack bars, cart service,317 |
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| 369 | 369 | | shelters, counters, and such other appropriate facilities and equipment as may be318 |
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| 370 | 370 | | necessary for the sale of articles or services by licensed blind persons licensed by the319 23 LC 33 9203 |
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| 371 | 371 | | H. B. 399 |
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| 372 | 372 | | - 14 - |
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| 373 | 373 | | Commission for the Blind and the Visually Impaired or other persons with disabilities320 |
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| 374 | 374 | | licensed by the agency, as prescribed by rules and regulations adopted by the321 |
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| 375 | 375 | | Commission for the Blind and the Visually Impaired and the agency, respectively.322 |
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| 376 | 376 | | 49-9-41.323 |
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| 377 | 377 | | To effectuate the purposes of this article, it is declared to be public policy of the state that324 |
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| 378 | 378 | | on any state property where the Commission for the Blind and the Visually Impaired or the325 |
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| 379 | 379 | | board determines it to be feasible to establish a vending facility to be operated by a licensed326 |
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| 380 | 380 | | operator as provided in this article and where the agency or department or custodian of327 |
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| 381 | 381 | | such property determines that such facility can be established without undue inconvenience328 |
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| 382 | 382 | | to the operation being carried on in such state building or property, the preference accorded329 |
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| 383 | 383 | | in this article shall require that such vending facility site not be deemed available for letting330 |
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| 384 | 384 | | to competitive bidders for revenue-producing purposes unless the Commission for the331 |
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| 385 | 385 | | Blind and the Visually Impaired or the board declines to establish on such site a vending332 |
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| 386 | 386 | | facility for blind persons or other persons with disabilities. The income to the agency or333 |
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| 387 | 387 | | department or custodian controlling the space for such facility sites shall generally not be334 |
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| 388 | 388 | | expected to exceed reimbursement for the cost of providing such facility site space and the335 |
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| 389 | 389 | | services connected therewith; but in any case where such income exceeds those purposes,336 |
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| 390 | 390 | | it shall be paid into the state treasury, subject to certification and audit.337 |
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| 391 | 391 | | 49-9-42.338 |
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| 392 | 392 | | For the purpose of providing blind persons or other persons with disabilities with339 |
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| 393 | 393 | | remunerative employment, enlarging their economic opportunities, and stimulating them340 |
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| 394 | 394 | | to greater effort in striving to make themselves self-supporting, such blind persons who are341 |
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| 395 | 395 | | licensed by the Commission for the Blind and the Visually Impaired pursuant to Code342 |
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| 396 | 396 | | Section 30-11-7 or other persons with disabilities who are licensed by the Georgia343 |
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| 397 | 397 | | Vocational Rehabilitation Agency pursuant to Code Section 49-9-5 shall be authorized to344 23 LC 33 9203 |
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| 398 | 398 | | H. B. 399 |
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| 399 | 399 | | - 15 - |
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| 400 | 400 | | operate vending facilities on any state property where such vending facilities may be |
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| 401 | 401 | | 345 |
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| 402 | 402 | | properly and satisfactorily operated by blind persons or other persons with disabilities. In346 |
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| 403 | 403 | | authorizing the operation of vending facilities on state property, preference shall be given,347 |
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| 404 | 404 | | so far as feasible, to blind persons licensed by the Commission for the Blind and the |
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| 405 | 405 | | 348 |
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| 406 | 406 | | Visually Impaired or other persons with disabilities licensed by the Georgia Vocational349 |
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| 407 | 407 | | Rehabilitation Agency as provided in this article; and the head of each department or350 |
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| 408 | 408 | | agency in control of the maintenance, operation, and protection of state property shall, after351 |
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| 409 | 409 | | consultation with the Commission for the Blind and the Visually Impaired and the board352 |
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| 410 | 410 | | and with the approval of the Governor, prescribe regulations designed to assure such353 |
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| 411 | 411 | | preference (including assignment of vending machine income to achieve and protect such354 |
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| 412 | 412 | | preference) for such licensed blind persons or other persons with disabilities without355 |
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| 413 | 413 | | unduly inconveniencing such departments and agencies or adversely affecting the interests356 |
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| 414 | 414 | | of the state."357 |
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| 415 | 415 | | SECTION 8.358 |
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| 416 | 416 | | This Act shall become effective on July 1, 2023.359 |
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| 417 | 417 | | SECTION 9.360 |
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| 418 | 418 | | All laws and parts of laws in conflict with this Act are repealed.361 |
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