Georgia 2023-2024 Regular Session

Georgia Senate Bill SB274 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 LC 52 0297S
	1	+	23 LC 33 9444
	2	+	S. B. 274
2	3		- 1 -
3		-	The Senate Committee on Government Oversight offered the following
4		-	substitute to SB 274:
	4	+	Senate Bill 274
	5	+	By: Senators Harbin of the 16
	6	+	th
	7	+	and Davenport of the 44
	8	+	th
	9	+
5	10		A BILL TO BE ENTITLED
6	11		AN ACT
7		-	To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped1
	12	+	To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped
	13	+	1
8	14		persons, so as to create the Commission for the Blind and the Visually Impaired; to transfer2
9	15		the direction and supervision of Georgia Industries for the Blind from the Georgia Vocational3
10	16		Rehabilitation Agency to the commission; to provide for a short title; to provide for4
11	17		definitions; to provide for legislative intent; to provide for the transfer of functions to the5
12	18		commission; to provide for the composition and appointment of commission members; to6
13	19		provide for an executive director; to provide for duties and powers of the commission; to7
14	20		authorize the commission to license blind persons to operate vending facilities; to transfer8
15	21		the oversight of the delivery of deaf-blind services and techniques that lead to maximum9
16	22		independence and employment for individuals with both a hearing and a vision loss to the10
17	23		commission; to provide for an annual report; to provide for a complaint process; to amend11
18	24		Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the transfer of12
19	25		the Division of Rehabilitation Services to the Department of Labor, so as to establish the role13
20	26		of the commission in facilitating the operation by blind persons and other persons with14
21	27		disabilities of vending facilities on state property; to provide for related matters; to provide15
22	28		for an effective date; to repeal conflicting laws; and for other purposes.16
23		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 23 LC 52 0297S
	29	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 23 LC 33 9444
	30	+	S. B. 274
24	31		- 2 -
25		-	SECTION 1.18
	32	+	SECTION 1.
	33	+	18
26	34		Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is19
27	35		amended by revising Code Section 30-2-3, relating to supervision of Georgia Industries for20
28	36		the Blind by Georgia Vocational Rehabilitation Agency and acquisition of property, as21
29	37		follows:22
30	38		"30-2-3.23
31	39		(a) The industries shall be state institutions under the direction and supervision of the24
32		-	Georgia Vocational Rehabilitation Agency Commission for the Blind and the Visually25
	40	+	Georgia Vocational Rehabilitation Agency
	41	+	Commission for the Blind and the Visually25
33	42		Impaired.26
34	43		(b) The Georgia Vocational Rehabilitation Agency Commission for the Blind and the27
35	44		Visually Impaired is authorized to provide the property necessary for the industries. The28
36	45		Georgia Vocational Rehabilitation Agency Commission for the Blind and the Visually29
37	46		Impaired may acquire real property through the State Properties Commission pursuant to30
38	47		Code Section 50-16-38 or the agency commission may enter into rental agreements in order31
39	48		to acquire the needed space."32
40	49		SECTION 2.33
41	50		Said title is further amended by revising Code Section 30-2-4, relating to superintendents for34
42	51		industries, operation of industries generally, and purchase of goods manufactured at35
43	52		industries by state institutions, as follows:36
44	53		"30-2-4.37
45	54		(a) There shall be superintendents for the industries. Preference shall be given to blind38
46	55		persons with the skill and experience to perform such jobs. The department Commission39
47	56		for the Blind and the Visually Impaired shall provide for the equipment, maintenance, and40
48	57		management of the industries; shall provide for the selection and eligibility of applicants41
49	58		for admission to an industry; shall provide for the sale of supplies manufactured at the42
50		-	industries to the departments of the state, its subdivisions, and institutions, and to the43 23 LC 52 0297S
	59	+	industries to the departments of the state, its subdivisions, and institutions, and to the43 23 LC 33 9444
	60	+	S. B. 274
51	61		- 3 -
52		-	federal government and other states and to individual and corporate dealers in such44
	62	+	federal government and other states and to individual and corporate dealers in such
	63	+	44
53	64		supplies; shall provide for housing, rationing, hours of labor, scale of pay, or division of45
54	65		profits, subject to this chapter; and shall provide all other rules for the proper management46
55		-	of the industries not in conflict with this chapter. The department Commission for the47
	66	+	of the industries not in conflict with this chapter. The department
	67	+	Commission for the47
56	68		Blind and the Visually Impaired shall procure necessary machinery, equipment, and48
57	69		furnishings for the industries; shall make contracts for power, lighting, and heating; and49
58	70		shall arrange for all other things necessary and proper for the conduct of the industries.50
59	71		(b) All departments, subdivisions, and institutions of the State of Georgia are directed to51
60	72		give preference in purchases to goods manufactured at the industries, provided said goods52
61	73		are of equal quality and competitive in price."53
62	74		SECTION 3.54
63	75		Said title is further amended by revising Code Section 30-2-7, relating to compensation of55
64	76		workers and observance of and payment for state holidays, as follows:56
65	77		"30-2-7.57
66	78		(a) Each worker in an industry who is otherwise entitled to share in the benefits provided58
67	79		for blind persons under Articles 1 and 3 of Chapter 4 of Title 49 shall, in addition to the59
68	80		amount received as compensation for his or her services in the industry, receive from the60
69	81		Department of Human Services such amount of public assistance as shall be determined61
70	82		in accordance with the regulations approved by the commissioner of human services.62
71	83		(b) All workers in the industries shall observe all holidays observed by other departments63
72	84		and agencies of the state government and shall receive their proportionate compensation64
73	85		for each holiday so observed. If any worker shall be compensated in such a manner that65
74	86		his or her daily compensation is not fixed, but rather is based upon a production basis, he66
75	87		or she shall receive by way of compensation for such observance of state holidays the67
76	88		average daily production compensation received by him or her during the immediately68
77		-	preceding 30 day period, holidays and Sundays excluded. The Georgia Vocational69 23 LC 52 0297S
	89	+	preceding 30 day period, holidays and Sundays excluded. The Georgia Vocational69 23 LC 33 9444
	90	+	S. B. 274
78	91		- 4 -
79	92		Rehabilitation Agency Commission for the Blind and the Visually Impaired is authorized70
80	93		and directed to pay such compensation from the funds appropriated to and available for the71
81	94		agency commission."72
82	95		SECTION 4.73
83	96		Said title is further amended by adding a new chapter to the end of such title to read as74
84	97		follows:75
85	98		"CHAPTER 1176
86	99		30-11-1.77
87	100		This chapter shall be known and may be cited as the 'Commission for the Blind and the78
88	101		Visually Impaired Act.'79
89	102		30-11-2.80
90	103		As used in this chapter, the term:81
91	104		(1) 'Blind or visually impaired' means a person:82
92	105		(A) Having a central visual acuity of 20/200 in the better eye with the best corrective83
93	106		lens, or a visual field of 20 degrees or less; or84
94	107		(B) With a severe visual disability resulting in legal blindness verified by an eye85
95	108		examination.86
96	109		(2) 'Commission' means the Commission for the Blind and the Visually Impaired.87
97	110		30-11-3.88
98	111		(a) The purpose for the establishment of a commission for the blind and the visually89
99	112		impaired is to ensure that people who are blind, visually impaired, or deaf-blind have90
100		-	access, from cradle to grave, to quality services throughout the State of Georgia so that they91 23 LC 52 0297S
	113	+	access, from cradle to grave, to quality services throughout the State of Georgia so that they91 23 LC 33 9444
	114	+	S. B. 274
101	115		- 5 -
102	116		may attain independent living skills, maximize successful career opportunities, and92
103	117		increase independence and self-sufficiency to promote the upward mobility of the93
104	118		consumer as a viable member of the community and to do whatever is deemed necessary94
105	119		to achieve the most positive outcome for the consumer.95
106	120		(b) It is the policy of this state that all programs, projects, and activities of the commission96
107	121		shall be carried out in a manner consistent with the following principles:97
108	122		(1) Respect for individual dignity, personal responsibility, self-determination, and pursuit98
109	123		of meaningful careers, based on informed choice;99
110	124		(2) Support for the involvement of an individual's representative if an individual100
111	125		requests, desires, or needs such support;101
112	126		(3) Respect for the individual's privacy and equal access, including the use of102
113	127		information in accessible formats; and103
114	128		(4) Integration and full participation of individuals who are blind or visually impaired104
115	129		in society on equal terms with others.105
116	130		30-11-4.106
117	131		(a) The Commission for the Blind and the Visually Impaired is hereby created and107
118	132		established to perform the functions and duties set out in this chapter and to assume the108
119	133		duties, powers, and authority exercised on June 30, 2023, by the Georgia Vocational109
120	134		Rehabilitation Agency with respect to blind or visually impaired persons.110
121	135		(b) On and after July 1, 2023, the powers, functions, duties, programs, and authority of the111
122	136		Georgia Vocational Rehabilitation Agency relating to blind or visually impaired persons112
123	137		shall be performed and exercised by the commission. The commission shall take all113
124	138		necessary steps to ensure continuity of services for blind or visually impaired persons114
125	139		during such transfer.115
126	140		(c) The commission shall be assigned to the Department of Human Services for116
127		-	administrative purposes only, as prescribed in Code Section 50-4-3.117 23 LC 52 0297S
	141	+	administrative purposes only, as prescribed in Code Section 50-4-3.117 23 LC 33 9444
	142	+	S. B. 274
128	143		- 6 -
129	144		30-11-5.118
130	145		(a) The commission shall consist of a chairperson and five members. The Governor shall119
131	146		appoint the chairperson and one member, the Speaker of the House shall appoint two120
132	147		members, and the President of the Senate shall appoint two members. The chairperson and121
133	148		members shall be qualified to serve based on knowledge and experience in rehabilitation122
134	149		and related services for the blind or visually impaired. A majority of the members shall be123
135	150		blind or visually impaired. No member of the commission shall be employed by the124
136	151		commission during the term of such membership.125
137	152		(b) The Governor, the Speaker of the House, and the President of the Senate shall consult126
138	153		with consumer groups representing blind or visually impaired persons in this state to obtain127
139	154		their recommendations of individuals to be appointed.128
140	155		(c) The appointment of each member shall be for a term of three years, except for the129
141	156		terms of the initially appointed members. One member appointed by each officer shall130
142	157		serve for terms of two years, and the chairperson and the other initial appointments shall131
143	158		serve for terms of one year. Thereafter, all members shall be appointed for terms of three132
144	159		years.133
145	160		(d) The commission shall meet quarterly and at such other times as it shall determine.134
146	161		Commissioners shall receive no salary, but shall be allowed the usual mileage, subsistence,135
147	162		and per diem as authorized by law. A majority of the members of the commission shall136
148	163		constitute a quorum to transact business.137
149	164		30-11-6.138
150	165		(a) The commission shall appoint an executive director with knowledge and experience139
151	166		in rehabilitation and related services for the blind or visually impaired. The executive140
152	167		director shall serve as secretary to the commission and shall be the chief administrative141
153	168		officer of the commission. The executive director's appointment shall be for an indefinite142
154		-	period but may be terminated for cause as determined by a majority of the commission.143 23 LC 52 0297S
	169	+	period but may be terminated for cause as determined by a majority of the commission.143 23 LC 33 9444
	170	+	S. B. 274
155	171		- 7 -
156	172		Preference shall be given to employing an individual who is blind or visually impaired and144
157	173		meets the qualifications specified by the commission.145
158	174		(b) The executive director shall employ such personnel as are needed and shall fix their146
159	175		compensation in a manner consistent with state law.147
160	176		30-11-7.148
161	177		(a) The commission shall:149
162	178		(1) Develop and carry out a state plan for vocational rehabilitation services for150
163	179		individuals who are blind or visually impaired pursuant to Section 101 of the federal151
164	180		Rehabilitation Act of 1973, as amended;152
165	181		(2) Provide independent living services for blind or visually impaired individuals,153
166	182		including services for older individuals who are blind or visually impaired, pursuant to154
167	183		Title VII of the federal Rehabilitation Act of 1973, as amended;155
168	184		(3) Contract with private agencies that provide services for the blind or visually impaired156
169	185		to provide prevocational and other training such as, but not limited to, instruction in157
170	186		Braille, orientation and mobility for independent travel, homemaking and158
171	187		home-management skills, and communications skills, including the use of computer159
172	188		technology, to prepare blind and visually impaired persons for eventual vocational160
173	189		training, job placement, higher education, home skills such as reading of mail and letter161
174	190		writing, and independence;162
175	191		(4) Establish and carry out a business enterprises program and serve as the state licensing163
176	192		agency for blind and visually impaired individuals pursuant to the federal164
177	193		Randolph-Sheppard Act;165
178	194		(5) Establish and administer an industries for the blind program and serve as the state166
179		-	licensing agency;167 23 LC 52 0297S
	195	+	licensing agency;167
	196	+	(6) Establish and administer a state-wide program to certify individuals who are qualified168
	197	+	to teach Braille to blind or visually impaired individuals, including individuals attending169 23 LC 33 9444
	198	+	S. B. 274
180	199		- 8 -
181		-	(6) Purchase and distribute specialized equipment, devices, and technology, including168
182		-	low-vision aids, obtained directly from specialty vendors without state centralized169
183		-	purchasing procedures;170
184		-	(7) Coordinate with the Georgia Library Service for the Blind and Print Disabled of the171
185		-	Office of Public Library Services of the Board of Regents of the University System of172
186		-	Georgia to ensure that all offerings of the program administered by the Georgia Library173
187		-	Service for the Blind and Print Disabled to provide library services to persons who are174
188		-	blind or visually impaired are actively and robustly utilized by as many blind and visually175
189		-	impaired persons as possible, including audiobooks, standard library services, Braille176
190		-	services, and other physical as well as electronic accommodation options;177
191		-	(8) Create and maintain an instructional media center for the production, purchase,178
192		-	distribution, reallocation, and warehousing of accessible materials for blind or visually179
193		-	impaired children and adults;180
194		-	(9) Provide technical assistance in cooperation with other appropriate agencies to assist181
195		-	the Department of Education and local boards of education in the provision of auxiliary182
196		-	aids and services to blind or visually impaired students and their parents by complying183
197		-	with the federal Americans with Disabilities Act, as amended, and the federal Individuals184
198		-	with Disabilities Education Act, as amended;185
199		-	(10) Provide technical assistance to agencies within this state in order to ensure that186
200		-	information technology purchased or used by such agencies is accessible to and usable187
201		-	by individuals who are blind or visually impaired at the time the technology is purchased188
202		-	or used;189
203		-	(11) Participate, through the designation of the executive director or an appropriate staff190
204		-	member of the commission, on boards, commissions, or bodies which may exist or be191
205		-	established within this state for the purpose of coordination and planning of services;192 23 LC 52 0297S
	200	+	elementary and secondary schools, using performance criteria based on the National170
	201	+	Literary Braille competency examination administered by the Library of Congress;171
	202	+	(7) Purchase and distribute specialized equipment, devices, and technology, including172
	203	+	low-vision aids, obtained directly from specialty vendors without state centralized173
	204	+	purchasing procedures;174
	205	+	(8) Provide library services to persons who are blind or visually impaired and persons175
	206	+	with physical disabilities in cooperation with the Library of Congress;176
	207	+	(9) Create and maintain an instructional media center for the production, purchase,177
	208	+	distribution, reallocation, and warehousing of accessible materials for blind or visually178
	209	+	impaired children and adults;179
	210	+	(10) Provide technical assistance in cooperation with other appropriate agencies to assist180
	211	+	the Department of Education and local boards of education in the provision of auxiliary181
	212	+	aids and services to blind or visually impaired students and their parents by complying182
	213	+	with the federal Americans with Disabilities Act, as amended, and the federal Individuals183
	214	+	with Disabilities Education Act, as amended;184
	215	+	(11) Provide technical assistance to agencies within this state in order to ensure that185
	216	+	information technology purchased or used by such agencies is accessible to and usable186
	217	+	by individuals who are blind or visually impaired at the time the technology is purchased187
	218	+	or used;188
	219	+	(12) Participate, through the designation of the executive director or an appropriate staff189
	220	+	member of the commission, on boards, commissions, or bodies which may exist or be190
	221	+	established within this state for the purpose of coordination and planning of services;191
	222	+	(13) Conduct a review of consumer satisfaction with programs of the commission and192
	223	+	perform other functions of the state-wide rehabilitation council specified in Section193
	224	+	105(c) of the federal Rehabilitation Act of 1973, as amended;194
	225	+	(14) Apply for and receive money from any state or federal agency to support the195
	226	+	programs of the commission and receive on behalf of this state any gifts, donations, or196 23 LC 33 9444
	227	+	S. B. 274
206	228		- 9 -
207		-	(12) Conduct a review of consumer satisfaction with programs of the commission and193
208		-	perform other functions of the state-wide rehabilitation council specified in Section194
209		-	105(c) of the federal Rehabilitation Act of 1973, as amended;195
210		-	(13) Apply for and receive money from any state or federal agency to support the196
211		-	programs of the commission and receive on behalf of this state any gifts, donations, or197
212		-	bequests from any source to be used in carrying out the commission's duties as described198
213		-	in this chapter; and199
214		-	(14) Develop and administer any other program which will further the provision of200
215		-	services to the blind or visually impaired and is determined by the commission to fall201
216		-	within its scope of responsibility.202
217		-	(b) The commission may carry out any of the powers and duties enumerated in this Code203
218		-	section by contract or cooperative agreement or by the direct administration of any204
219		-	program.205
220		-	(c) The commission shall promulgate such rules and regulations as are necessary for the206
221		-	execution of its functions under this chapter.207
222		-	30-11-8.208
223		-	The commission is authorized to license blind persons to operate vending facilities under209
224		-	its supervision and control, subject to rules and regulations promulgated by the210
225		-	commission, on:211
226		-	(1) State property;212
227		-	(2) County or municipal property;213
228		-	(3) Federal property, pursuant to delegation of authority under the Randolph-Sheppard214
229		-	Act, 20 U.S.C. Section 107(b), and any amendment thereto or any act of Congress215
230		-	relating to this subject; and216
231		-	(4) Private property.217 23 LC 52 0297S
	229	+	bequests from any source to be used in carrying out the commission's duties as described197
	230	+	in this chapter; and198
	231	+	(15) Develop and administer any other program which will further the provision of199
	232	+	services to the blind or visually impaired and is determined by the commission to fall200
	233	+	within its scope of responsibility.201
	234	+	(b) The commission may carry out any of the powers and duties enumerated in this Code202
	235	+	section by contract or cooperative agreement or by the direct administration of any203
	236	+	program.204
	237	+	(c) The commission shall promulgate such rules and regulations as are necessary for the205
	238	+	execution of its functions under this chapter.206
	239	+	30-11-8.207
	240	+	The commission is authorized to license blind persons to operate vending facilities under208
	241	+	its supervision and control, subject to rules and regulations promulgated by the209
	242	+	commission, on:210
	243	+	(1) State property;211
	244	+	(2) County or municipal property;212
	245	+	(3) Federal property, pursuant to delegation of authority under the Randolph-Sheppard213
	246	+	Act, 20 U.S.C. Section 107(b), and any amendment thereto or any act of Congress214
	247	+	relating to this subject; and215
	248	+	(4) Private property.216
	249	+	30-11-9.217
	250	+	(a) The commission shall oversee the delivery of deaf-blind services and techniques218
	251	+	provided by an organization pursuant to subsection (c) of this Code section that lead to219
	252	+	maximum independence and employment for individuals with both a hearing and a vision220
	253	+	loss. These services shall include, but not be limited to, transition of deaf-blind youth from221 23 LC 33 9444
	254	+	S. B. 274
232	255		- 10 -
233		-	30-11-9.218
234		-	(a) The commission shall oversee the delivery of deaf-blind services and techniques219
235		-	provided by an organization pursuant to subsection (c) of this Code section that lead to220
236		-	maximum independence and employment for individuals with both a hearing and a vision221
237		-	loss. These services shall include, but not be limited to, transition of deaf-blind youth from222
238		-	education to the work force; identification of deaf-blind individuals in Georgia;223
239		-	communication access for varying groups of individuals and their unique needs; training224
240		-	deaf-blind individuals in orientation and mobility, rehabilitation, and Braille; utilization of225
241		-	support service providers to function as sighted guides, communication facilitators, and226
242		-	providers of transportation; support and increase in the number of qualified sign language227
243		-	interpreters working with deaf-blind individuals; use of adaptive technologies, such as228
244		-	computers, telebraillers, and TTY devices; strategies and techniques to assist deaf-blind229
245		-	individuals in obtaining the highest level of independence possible; and peer support which230
246		-	provides access to information, people, and places.231
247		-	(b) The commission shall, to the greatest extent possible, integrate the services and232
248		-	techniques required pursuant to subsection (a) of this Code section into its standard233
249		-	practices and procedures with the objective of providing appropriate services in an234
250		-	appropriate manner to individuals in the deaf-blind community.235
251		-	(c) Subject to appropriations by the General Assembly, the commission shall retain an236
252		-	organization knowledgeable on deaf-blind issues to provide the services and techniques237
253		-	included in subsection (a) of this Code section to deaf-blind individuals and to provide238
254		-	comprehensive training to commission staff on such services and techniques required239
255		-	pursuant to subsection (a) of this Code section. Such organization shall be retained no later240
256		-	than six months after funding from appropriations by the General Assembly has been made241
257		-	available for expenditure by the commission.242 23 LC 52 0297S
	256	+	education to the work force; identification of deaf-blind individuals in Georgia;222
	257	+	communication access for varying groups of individuals and their unique needs; training223
	258	+	deaf-blind individuals in orientation and mobility, rehabilitation, and Braille; utilization of224
	259	+	support service providers to function as sighted guides, communication facilitators, and225
	260	+	providers of transportation; support and increase in the number of qualified sign language226
	261	+	interpreters working with deaf-blind individuals; use of adaptive technologies, such as227
	262	+	computers, telebraillers, and TTY devices; strategies and techniques to assist deaf-blind228
	263	+	individuals in obtaining the highest level of independence possible; and peer support which229
	264	+	provides access to information, people, and places.230
	265	+	(b) The commission shall, to the greatest extent possible, integrate the services and231
	266	+	techniques required pursuant to subsection (a) of this Code section into its standard232
	267	+	practices and procedures with the objective of providing appropriate services in an233
	268	+	appropriate manner to individuals in the deaf-blind community.234
	269	+	(c) Subject to appropriations by the General Assembly, the commission shall retain an235
	270	+	organization knowledgeable on deaf-blind issues to provide the services and techniques236
	271	+	included in subsection (a) of this Code section to deaf-blind individuals and to provide237
	272	+	comprehensive training to commission staff on such services and techniques required238
	273	+	pursuant to subsection (a) of this Code section. Such organization shall be retained no later239
	274	+	than six months after funding from appropriations by the General Assembly has been made240
	275	+	available for expenditure by the commission.241
	276	+	30-11-10.242
	277	+	The commission shall publish an annual report including a list of accomplishments,243
	278	+	findings, and recommendations for improvement based on its activities and performance244
	279	+	during the year. The report shall contain information needed to evaluate the progress of245
	280	+	the commission in meeting the needs of blind or visually impaired individuals in this state.246 23 LC 33 9444
	281	+	S. B. 274
258	282		- 11 -
259		-	30-11-10.243
260		-	The commission shall publish an annual report including a list of accomplishments,244
261		-	findings, and recommendations for improvement based on its activities and performance245
262		-	during the year. The report shall contain information needed to evaluate the progress of246
263		-	the commission in meeting the needs of blind or visually impaired individuals in this state.247
264		-	30-11-11.248
265		-	(a) Any applicant for or recipient of services from the commission who is dissatisfied with249
266		-	any action taken or decision made regarding such services may file a complaint, setting250
267		-	forth the basis for the dissatisfaction and the remedy sought. Upon receipt of the251
268		-	complaint, the executive director shall inform the individual of the voluntary process252
269		-	available for mediation of the dispute. The mediation, if chosen by the individual, shall be253
270		-	conducted by a qualified and impartial mediator, and the cost shall be paid by the254
271		-	commission.255
272		-	(b) If the dispute cannot be resolved by mediation or other informal means, the executive256
273		-	director shall, upon request of the individual, convene an arbitration panel which shall give257
274		-	notice, conduct a hearing, and render a decision. The arbitration panel shall be composed258
275		-	of three members as follows:259
276		-	(1) One individual designated by the individual filing the complaint;260
277		-	(2) One individual designated by the executive director; and261
278		-	(3) One individual who is an impartial hearing officer, as defined in Section 102 of the262
279		-	federal Rehabilitation Act of 1973, agreed upon jointly by the individuals designated263
280		-	pursuant to paragraphs (1) and (2) of this subsection. Such individual shall serve as264
281		-	chairperson of the arbitration panel and issue the decision.265
282		-	(c) The commission shall promulgate rules and regulations sufficient to regulate all266
283		-	proceedings conducted pursuant to this Code section and to ensure the rights of all parties267
284		-	participating therein."268 23 LC 52 0297S
	283	+	30-11-11.247
	284	+	(a) Any applicant for or recipient of services from the commission who is dissatisfied with248
	285	+	any action taken or decision made regarding such services may file a complaint, setting249
	286	+	forth the basis for the dissatisfaction and the remedy sought. Upon receipt of the250
	287	+	complaint, the executive director shall inform the individual of the voluntary process251
	288	+	available for mediation of the dispute. The mediation, if chosen by the individual, shall be252
	289	+	conducted by a qualified and impartial mediator, and the cost shall be paid by the253
	290	+	commission.254
	291	+	(b) If the dispute cannot be resolved by mediation or other informal means, the executive255
	292	+	director shall, upon request of the individual, convene an arbitration panel which shall give256
	293	+	notice, conduct a hearing, and render a decision. The arbitration panel shall be composed257
	294	+	of three members as follows:258
	295	+	(1) One individual designated by the individual filing the complaint;259
	296	+	(2) One individual designated by the executive director; and260
	297	+	(3) One individual who is an impartial hearing officer, as defined in Section 102 of the261
	298	+	federal Rehabilitation Act of 1973, agreed upon jointly by the individuals designated262
	299	+	pursuant to paragraphs (1) and (2) of this subsection. Such individual shall serve as263
	300	+	chairperson of the arbitration panel and issue the decision.264
	301	+	(c) The commission shall promulgate rules and regulations sufficient to regulate all265
	302	+	proceedings conducted pursuant to this Code section and to ensure the rights of all parties266
	303	+	participating therein."267
	304	+	SECTION 5.268
	305	+	Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the transfer of269
	306	+	the Division of Rehabilitation Services to the Department of Labor, is amended by revising270
	307	+	Code Section 49-9-5, relating to provision of services to persons with disabilities, as follows:271
	308	+	"49-9-5.272 23 LC 33 9444
	309	+	S. B. 274
285	310		- 12 -
286		-	~~SECTION 5.269~~
287		-	~~Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the transfer of270~~
288		-	the ~~Division~~ of ~~Rehabilitation Services to the Department of Labor~~, ~~is amended by revising271~~
289		-	~~Code Section 49-9-5~~, ~~relating to provision of services to persons with disabilities, as follows~~:~~272~~
290		-	~~"49-9-5.273~~
291		-	~~The agency shall provide~~ the services authorized by this chapter to persons with ~~disabilities274~~
292		-	~~determined to be eligible therefor~~; and, in ~~carrying out the purposes of this chapter~~, ~~the275~~
293		-	~~agency is authorized~~, ~~among other things:276~~
294		-	~~(1) To cooperate with other departments, agencies, and institutions, both public and277~~
295		-	~~private, in providing~~ the ~~services authorized by this chapter to persons with disabilities;278~~
296		-	~~in studying~~ the ~~problems involved therein~~; ~~and in establishing, developing, and providing,279~~
297		-	~~in conformity with~~ the ~~purposes~~ of ~~this chapter, such programs, facilities, and~~ services ~~as280~~
298		-	~~may be necessary or desirable~~;~~281~~
299		-	(2) To ~~enter into reciprocal agreements with~~ other ~~states to provide for the services282~~
300		-	~~authorized by this chapter to residents of the state concerned;283~~
301		-	~~(3)~~ To ~~conduct research~~ and ~~compile statistics relating~~ to the ~~provision of services or the284~~
302		-	~~need of services by persons with disabilities;285~~
303		-	~~(4) To license blind persons or other persons with disabilities~~, ~~other than blind persons,286~~
304		-	~~to operate vending facilities under its supervision and control, subject to the terms and287~~
305		-	~~conditions provided in regulations,~~ ~~policies, and procedures issued pursuant to Code288~~
306		-	~~Section 49-9-3~~, ~~on:289~~
307		-	(A) ~~State property;290~~
308		-	~~(B) County or municipal property;291~~
309		-	(C) ~~Federal~~ property~~, pursuant to delegation of authority under the Randolph-Sheppard292~~
310		-	~~Act~~, ~~20 U.S.C. Section 107(b)~~, and ~~any amendment thereto or any act~~ of ~~Congress293~~
311		-	~~relating~~ to ~~this subject;~~ ~~and294~~
312		-	~~(D) Private property; and295 23 LC 52 0297S~~
	311	+	The agency shall provide the services authorized by this chapter to persons with disabilities
	312	+	273
	313	+	determined to be eligible therefor; and, in carrying out the purposes of this chapter, the274
	314	+	agency is authorized, among other things:275
	315	+	(1) To cooperate with other departments, agencies, and institutions, both public and276
	316	+	private, in providing the services authorized by this chapter to persons with disabilities;277
	317	+	in studying the problems involved therein; and in establishing, developing, and providing,278
	318	+	in conformity with the purposes of this chapter, such programs, facilities, and services as279
	319	+	may be necessary or desirable;280
	320	+	(2) To enter into reciprocal agreements with other states to provide for the services281
	321	+	authorized by this chapter to residents of the state concerned;282
	322	+	(3) To conduct research and compile statistics relating to the provision of services or the283
	323	+	need of services by persons with disabilities;284
	324	+	(4) To license blind persons or other
	325	+	persons with disabilities, other than blind persons,285
	326	+	to operate vending facilities under its supervision and control, subject to the terms and286
	327	+	conditions provided in regulations, policies, and procedures issued pursuant to Code287
	328	+	Section 49-9-3, on:288
	329	+	(A) State property;289
	330	+	(B) County or municipal property;290
	331	+	(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard291
	332	+	Act, 20 U.S.C. Section 107(b), and any amendment thereto or any act of Congress292
	333	+	relating to this subject; and293
	334	+	(D) Private property; and294
	335	+	(5) To provide for the establishment, supervision, and control of suitable business295
	336	+	enterprises to be operated by persons with disabilities."296 23 LC 33 9444
	337	+	S. B. 274
313	338		- 13 -
314		-	(5) To provide for the establishment, supervision, and control of suitable business296
315		-	enterprises to be operated by persons with disabilities."297
316		-	SECTION 6.298
317		-	Said chapter is further amended by repealing Code Section 49-9-21, relating to delivery of299
318		-	deaf-blind services and techniques leading to maximum independence and integration, in its300
319		-	entirety.301
320		-	SECTION 7.302
321		-	Said chapter is further amended by revising Article 2, relating to vending facilities on state303
322		-	property, as follows:304
323		-	"ARTICLE 2305
324		-	49-9-40.306
325		-	As used in this article, the term:307
326		-	(1) 'State property' means any building, land, or other real property owned, leased, or308
327		-	occupied by any department, commission, board, bureau, agency, public corporation, or309
328		-	other instrumentality of the state, including, but not limited to, the Georgia Building310
329		-	Authority, and any other real property in which the state has a legal or beneficial interest;311
330		-	provided, however, that the term 'state property' shall not include any property, real or312
331		-	personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of313
332		-	the University System of Georgia, the Georgia Education Authority (University), or any314
333		-	county or independent school system of this state.315
334		-	(2) 'Vending facility' means vending stands, vending machines, snack bars, cart service,316
335		-	shelters, counters, and such other appropriate facilities and equipment as may be317
336		-	necessary for the sale of articles or services by licensed blind persons licensed by the318 23 LC 52 0297S
	339	+	SECTION 6.
	340	+	297
	341	+	Said chapter is further amended by repealing Code Section 49-9-21, relating to delivery of298
	342	+	deaf-blind services and techniques leading to maximum independence and integration, in its299
	343	+	entirety.300
	344	+	SECTION 7.301
	345	+	Said chapter is further amended by revising Article 2, relating to vending facilities on state302
	346	+	property, as follows:303
	347	+	"ARTICLE 2304
	348	+	49-9-40.305
	349	+	As used in this article, the term:306
	350	+	(1) 'State property' means any building, land, or other real property owned, leased, or307
	351	+	occupied by any department, commission, board, bureau, agency, public corporation, or308
	352	+	other instrumentality of the state, including, but not limited to, the Georgia Building309
	353	+	Authority, and any other real property in which the state has a legal or beneficial interest;310
	354	+	provided, however, that
	355	+	the term 'state property' shall not include any property, real or311
	356	+	personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of312
	357	+	the University System of Georgia, the Georgia Education Authority (University), or any313
	358	+	county or independent school system of this state.314
	359	+	(2) 'Vending facility' means vending stands, vending machines, snack bars, cart service,315
	360	+	shelters, counters, and such other appropriate facilities and equipment as may be316
	361	+	necessary for the sale of articles or services by licensed blind persons licensed by the317
	362	+	Commission for the Blind and the Visually Impaired or other persons with disabilities318
	363	+	licensed by the agency, as prescribed by rules and regulations adopted by the319
	364	+	Commission for the Blind and the Visually Impaired and the agency, respectively.320 23 LC 33 9444
	365	+	S. B. 274
337	366		- 14 -
338		-	Commission for the Blind and the Visually Impaired or other persons with disabilities319
339		-	licensed by the agency, as prescribed by rules and regulations adopted by the320
340		-	Commission for the Blind and the Visually Impaired and the agency, respectively.321
341		-	49-9-41.322
342		-	To effectuate the purposes of this article, it is declared to be public policy of the state that323
343		-	on any state property where the Commission for the Blind and the Visually Impaired or the324
344		-	board determines it to be feasible to establish a vending facility to be operated by a licensed325
345		-	operator as provided in this article and where the agency or department or custodian of326
346		-	such property determines that such facility can be established without undue inconvenience327
347		-	to the operation being carried on in such state building or property, the preference accorded328
348		-	in this article shall require that such vending facility site not be deemed available for letting329
349		-	to competitive bidders for revenue-producing purposes unless the Commission for the330
350		-	Blind and the Visually Impaired or the board declines to establish on such site a vending331
351		-	facility for blind persons or other persons with disabilities. The income to the agency or332
352		-	department or custodian controlling the space for such facility sites shall generally not be333
353		-	expected to exceed reimbursement for the cost of providing such facility site space and the334
354		-	services connected therewith; but in any case where such income exceeds those purposes,335
355		-	it shall be paid into the state treasury, subject to certification and audit.336
356		-	49-9-42.337
357		-	For the purpose of providing blind persons or other persons with disabilities with338
358		-	remunerative employment, enlarging their economic opportunities, and stimulating them339
359		-	to greater effort in striving to make themselves self-supporting, such blind persons who are340
360		-	licensed by the Commission for the Blind and the Visually Impaired pursuant to Code341
361		-	Section 30-11-7 or other persons with disabilities who are licensed by the Georgia342
362		-	Vocational Rehabilitation Agency pursuant to Code Section 49-9-5 shall be authorized to343 23 LC 52 0297S
	367	+	49-9-41.
	368	+	321
	369	+	To effectuate the purposes of this article, it is declared to be public policy of the state that322
	370	+	on any state property where the Commission for the Blind and the Visually Impaired or
	371	+	the323
	372	+	board determines it to be feasible to establish a vending facility to be operated by a licensed324
	373	+	operator as provided in this article and where the agency or department or custodian of325
	374	+	such property determines that such facility can be established without undue inconvenience326
	375	+	to the operation being carried on in such state building or property, the preference accorded327
	376	+	in this article shall require that such vending facility site not be deemed available for letting328
	377	+	to competitive bidders for revenue-producing purposes unless the Commission for the329
	378	+	Blind and the Visually Impaired or the board declines to establish on such site a vending330
	379	+	facility for blind persons or other persons with disabilities. The income to the agency or331
	380	+	department or custodian controlling the space for such facility sites shall generally not be332
	381	+	expected to exceed reimbursement for the cost of providing such facility site space and the333
	382	+	services connected therewith; but in any case where such income exceeds those purposes,334
	383	+	it shall be paid into the state treasury, subject to certification and audit.335
	384	+	49-9-42.336
	385	+	For the purpose of providing blind persons or other persons with disabilities with337
	386	+	remunerative employment, enlarging their economic opportunities, and stimulating them338
	387	+	to greater effort in striving to make themselves self-supporting, such blind persons who are339
	388	+	licensed by the Commission for the Blind and the Visually Impaired pursuant to Code340
	389	+	Section 30-11-7 or other persons with disabilities who are licensed by the Georgia341
	390	+	Vocational Rehabilitation Agency pursuant to Code Section 49-9-5 shall be authorized to342
	391	+	operate vending facilities on any state property where such vending facilities may be343
	392	+	properly and satisfactorily operated by blind persons or other persons with disabilities. In344
	393	+	authorizing the operation of vending facilities on state property, preference shall be given,345
	394	+	so far as feasible, to blind persons licensed by the Commission for the Blind and the346 23 LC 33 9444
	395	+	S. B. 274
363	396		- 15 -
364		-	operate vending facilities on any state property where such vending facilities may be344
365		-	properly and satisfactorily operated by blind persons or other persons with disabilities. In345
366		-	authorizing the operation of vending facilities on state property, preference shall be given,346
367		-	so far as feasible, to blind persons licensed by the Commission for the Blind and the347
368		-	Visually Impaired or other persons with disabilities licensed by the Georgia Vocational348
369		-	Rehabilitation Agency as provided in this article; and the head of each department or349
370		-	agency in control of the maintenance, operation, and protection of state property shall, after350
371		-	consultation with the Commission for the Blind and the Visually Impaired and the board351
372		-	and with the approval of the Governor, prescribe regulations designed to assure such352
373		-	preference (including assignment of vending machine income to achieve and protect such353
374		-	preference) for such licensed blind persons or other persons with disabilities without354
375		-	unduly inconveniencing such departments and agencies or adversely affecting the interests355
376		-	of the state."356
377		-	SECTION 8.357
378		-	This Act shall become effective on July 1, 2023.358
379		-	SECTION 9.359
380		-	All laws and parts of laws in conflict with this Act are repealed.360
	397	+	Visually Impaired or other persons with disabilities licensed by the Georgia Vocational347
	398	+	Rehabilitation Agency as provided in this article; and the head of each department or348
	399	+	agency in control of the maintenance, operation, and protection of state property shall, after349
	400	+	consultation with the Commission for the Blind and the Visually Impaired and the board350
	401	+	and with the approval of the Governor, prescribe regulations designed to assure such351
	402	+	preference (including assignment of vending machine income to achieve and protect such352
	403	+	preference) for such licensed blind persons or other persons with disabilities without353
	404	+	unduly inconveniencing such departments and agencies or adversely affecting the interests354
	405	+	of the state."355
	406	+	SECTION 8.356
	407	+	This Act shall become effective on July 1, 2023.357
	408	+	SECTION 9.358
	409	+	All laws and parts of laws in conflict with this Act are repealed.359