25 LC 28 0663
Senate Bill 222
By: Senators Davenport of the 17th, Sims of the 12th, Anderson of the 43rd, Jones II of the
22nd, Mallow of the 2nd and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped
1
persons, so as to create the Commission for the Blind and the Visually Impaired; to transfer2
the direction and supervision of the Georgia Industries for the Blind from the Georgia3
Vocational Rehabilitation Agency to the commission; to provide for a short title; to provide4
for definitions; to provide for legislative intent; to provide for the transfer of functions to the5
commission; to provide for the composition and appointment of commission members; to6
provide for an executive director; to provide for duties and powers of the commission; to7
authorize the commission to license blind persons to operate vending facilities; to transfer8
the oversight of the delivery of deaf-blind services and techniques that lead to maximum9
independence and employment for individuals with both a hearing and a vision loss to the10
commission; to provide for an annual report; to provide for a complaint process; to amend11
Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia12
Vocational Rehabilitation Agency, so as to establish the role of the commission in facilitating13
the operation by blind persons and other persons with disabilities of vending facilities on14
state property; to provide for related matters; to repeal conflicting laws; and for other15
purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17
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SECTION 1.
18
Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is19
amended by revising Code Section 30-2-3, relating to supervision of Georgia Industries for20
the Blind by Georgia Vocational Rehabilitation Agency and acquisition of property, as21
follows:22
"30-2-3.23
(a) The industries shall be state institutions under the direction and supervision of the24
Georgia Vocational Rehabilitation Agency
Commission for the Blind and the Visually25
Impaired.26
(b) The Georgia Vocational Rehabilitation Agency Commission for the Blind and the27
Visually Impaired is authorized to provide the property necessary for the industries. The28
Georgia Vocational Rehabilitation Agency Commission for the Blind and the Visually29
Impaired may acquire real property through the State Properties Commission pursuant to30
Code Section 50-16-38 or the agency commission may enter into rental agreements in order31
to acquire the needed space."32
SECTION 2.33
Said title is further amended by revising Code Section 30-2-4, relating to superintendents for34
industries, operation of industries generally, and purchase of goods manufactured at35
industries by state institutions, as follows:36
"30-2-4.37
(a) There shall be superintendents for the industries. Preference shall be given to blind38
persons with the skill and experience to perform such jobs. The department Commission39
for the Blind and the Visually Impaired shall provide for the equipment, maintenance, and40
management of the industries; shall provide for the selection and eligibility of applicants41
for admission to an industry; shall provide for the sale of supplies manufactured at the42
industries to the departments of the state, its subdivisions, and institutions, and to the43
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federal government and other states and to individual and corporate dealers in such
44
supplies; shall provide for housing, rationing, hours of labor, scale of pay, or division of45
profits, subject to this chapter; and shall provide all other rules for the proper management46
of the industries not in conflict with this chapter. The department
Commission for the47
Blind and the Visually Impaired shall procure necessary machinery, equipment, and48
furnishings for the industries; shall make contracts for power, lighting, and heating; and49
shall arrange for all other things necessary and proper for the conduct of the industries.50
(b) All departments, subdivisions, and institutions of the State of Georgia are directed to51
give preference in purchases to goods manufactured at the industries, provided that said52
goods are of equal quality and competitive in price."53
SECTION 3.54
Said title is further amended by revising Code Section 30-2-7, relating to compensation of55
workers and observance of and payment for state holidays, as follows:56
"30-2-7.57
(a) Each worker in an industry who is otherwise entitled to share in the benefits provided58
for blind persons under Articles 1 and 3 of Chapter 4 of Title 49 shall, in addition to the59
amount received as compensation for his or her services in the industry, receive from the60
Department of Human Services such amount of public assistance as shall be determined61
in accordance with the regulations approved by the commissioner of human services.62
(b) All workers in the industries shall observe all holidays observed by other departments63
and agencies of the state government and shall receive their proportionate compensation64
for each holiday so observed. If any worker shall be compensated in such a manner that65
his or her daily compensation is not fixed, but rather is based upon a production basis, he66
or she shall receive by way of compensation for such observance of state holidays the67
average daily production compensation received by him or her during the immediately68
preceding 30 day period, holidays and Sundays excluded. The Georgia Vocational69
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Rehabilitation Agency Commission for the Blind and the Visually Impaired is authorized70
and directed to pay such compensation from the funds appropriated to and available for the71
agency commission."72
SECTION 4.73
Said title is further amended by adding a new chapter to read as follows:74
"CHAPTER 1175
30-11-1.76
This chapter shall be known and may be cited as the 'Commission for the Blind and the77
Visually Impaired Act.'78
30-11-2.79
As used in this chapter, the term:80
(1) 'Blind or visually impaired' means a person:81
(A) Having a central visual acuity of 20/200 in the better eye with the best corrective82
lens, or a visual field of 20 degrees or less; or83
(B) With a severe visual disability resulting in legal blindness verified by an eye84
examination.85
(2) 'Commission' means the Commission for the Blind and the Visually Impaired.86
30-11-3.87
(a) The purpose for the establishment of the commission is to ensure that people who are88
blind or visually impaired or deaf-blind have access, throughout their lifetimes, to quality89
services throughout the State of Georgia so that they may attain independent living skills,90
maximize successful career opportunities, and increase independence and self-sufficiency91
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to promote the upward mobility of the consumer as a viable member of the community and92
to do whatever is deemed necessary to achieve the most positive outcome for the consumer.93
(b) It is the policy of this state that all programs, projects, and activities of the commission94
shall be carried out in a manner consistent with the following principles:95
(1) Respect for individual dignity, personal responsibility, self-determination, and pursuit96
of meaningful careers, based on informed choice;97
(2) Support for the involvement of an individual's representative if an individual98
requests, desires, or needs such support;99
(3) Respect for the individual's privacy and equal access, including the use of100
information in accessible formats; and101
(4) Integration and full participation of individuals who are blind or visually impaired102
in society on equal terms with others.103
30-11-4.104
(a) The Commission for the Blind and the Visually Impaired is hereby created and105
established to perform the functions and duties set out in this chapter and to assume the106
duties, powers, and authority exercised on June 30, 2025, by the Georgia Vocational107
Rehabilitation Agency with respect to blind or visually impaired persons.108
(b) On and after July 1, 2025, the powers, functions, duties, programs, and authority of the109
Georgia Vocational Rehabilitation Agency relating to blind or visually impaired persons110
shall be performed and exercised by the commission. The commission shall take all111
necessary steps to ensure continuity of services for blind or visually impaired persons112
during such transfer.113
(c) The commission shall be assigned to the Department of Human Services for114
administrative purposes only, as prescribed in Code Section 50-4-3.115
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30-11-5.116
(a) The commission shall consist of a chairperson and seven members. The Governor117
shall appoint the chairperson and three members, the Speaker of the House of118
Representatives shall appoint two members, and the President of the Senate shall appoint119
two members. The chairperson and members shall be qualified to serve based on120
knowledge and experience in rehabilitation and related services for the blind or visually121
impaired. A majority of the members shall be blind or visually impaired and at least one122
member shall be deaf-blind. At least one of the members appointed by the Governor shall123
have participated in the Business Enterprise Program established under the federal124
Randolph-Sheppard Act of 1936, and at least one of the members appointed by the125
Governor shall have been employed by the Georgia Industries for the Blind. No member126
of the commission shall be employed by the commission during the term of such127
membership.128
(b) The Governor, the Speaker of the House of Representatives, and the President of the129
Senate shall consult with consumer groups representing blind or visually impaired persons130
in this state to obtain their recommendations of individuals to be appointed.131
(c) The appointment of each member and the chairperson shall be for a term of three years,132
except for the terms of the initially appointed members. One member appointed by each133
officer shall serve for an initial term of three years, one member appointed by each officer134
shall serve an initial term of two years, and the chairperson and the other member135
appointed by the Governor shall serve an initial term of one year. Thereafter, all members136
and the chairperson shall be appointed for terms of three years.137
(d) The commission shall meet quarterly and at such other times as it shall determine. The138
chairperson and members of the commission shall receive no salary, but shall be allowed139
the usual mileage, subsistence, and per diem as authorized by law. A majority of the140
members of the commission shall constitute a quorum to transact business.141
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30-11-6.142
(a) The commission shall appoint an executive director with knowledge and experience143
in rehabilitation and related services for the blind or visually impaired. The executive144
director shall serve as secretary to the commission and shall be the chief administrative145
officer of the commission. The executive director's appointment shall be for an indefinite146
period but may be terminated for cause as determined by a majority of the commission. 147
Preference shall be given to employing an individual who is blind or visually impaired and148
meets the qualifications specified by the commission.149
(b) The executive director shall employ such personnel as are needed and shall fix their150
compensation in a manner consistent with state law.151
30-11-7.152
(a) The commission shall:153
(1) Develop and carry out a state plan for vocational rehabilitation services for154
individuals who are blind or visually impaired pursuant to Section 101 of the federal155
Rehabilitation Act of 1973, as amended;156
(2) Provide independent living services for blind or visually impaired individuals,157
including services for older individuals who are blind or visually impaired, pursuant to158
Title VII of the federal Rehabilitation Act of 1973, as amended;159
(3) Contract with private agencies that provide services for the blind or visually impaired160
to provide prevocational and other training such as, but not limited to, instruction in161
Braille, orientation and mobility for independent travel, homemaking and162
home-management skills, and communications skills, including the use of computer163
technology, to prepare blind and visually impaired persons for eventual vocational164
training, job placement, higher education, home skills such as reading of mail and letter165
writing, and independence;166
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(4) Establish and carry out a business enterprises program and serve as the state licensing167
agency for blind and visually impaired individuals pursuant to the federal168
Randolph-Sheppard Act;169
(5) Establish and administer an industries for the blind program and serve as the state170
licensing agency;171
(6) Purchase and distribute specialized equipment, devices, and technology, including172
low-vision aids, obtained directly from specialty vendors without state centralized173
purchasing procedures;174
(7) Coordinate with the Georgia Library Service for the Blind and Print Disabled of the175
Office of Public Library Services of the Board of Regents of the University System of176
Georgia to ensure that all offerings of the program administered by the Georgia Library177
Service for the Blind and Print Disabled to provide library services to persons who are178
blind or visually impaired are actively and robustly utilized by as many blind and visually179
impaired persons as possible, including audiobooks, standard library services, Braille180
services, and other physical as well as electronic accommodation options;181
(8) Create and maintain an instructional media center for the production, purchase,182
distribution, reallocation, and warehousing of accessible materials for blind or visually183
impaired children and adults;184
(9) Provide technical assistance in cooperation with other appropriate agencies to assist185
the Department of Education and local boards of education in the provision of auxiliary186
aids and services to blind or visually impaired students and their parents by complying187
with the federal Americans with Disabilities Act, as amended, and the federal Individuals188
with Disabilities Education Act, as amended;189
(10) Provide technical assistance to agencies within this state in order to ensure that190
information technology purchased or used by such agencies is accessible to and usable191
by individuals who are blind or visually impaired at the time the technology is purchased192
or used;193
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(11) Participate, through the designation of the executive director or an appropriate staff194
member of the commission, on boards, commissions, or bodies which may exist or be195
established within this state for the purpose of coordination and planning of services;196
(12) Conduct a review of consumer satisfaction with programs of the commission and197
perform other functions of the state-wide rehabilitation council specified in198
Section 105(c) of the federal Rehabilitation Act of 1973, as amended;199
(13) Apply for and receive money from any state or federal agency to support the200
programs of the commission and receive on behalf of this state any gifts, donations, or201
bequests from any source to be used in carrying out the commission's duties as described202
in this chapter; and203
(14) Develop and administer any other program which will further the provision of204
services to the blind or visually impaired and is determined by the commission to fall205
within its scope of responsibility.206
(b) The commission may carry out any of the powers and duties enumerated in this Code207
section by contract or cooperative agreement or by the direct administration of any208
program.209
(c) The commission shall promulgate such rules and regulations as are necessary for the210
execution of its functions under this chapter.211
30-11-8.212
The commission is authorized to license blind persons to operate vending facilities under213
its supervision and control, subject to rules and regulations promulgated by the214
commission, on:215
(1) State property;216
(2) County or municipal property;217
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(3) Federal property, pursuant to delegation of authority under the federal218
Randolph-Sheppard Act, 20 U.S.C. Section 107(b), and any amendment thereto or any219
act of Congress relating to this subject; and220
(4) Private property.221
30-11-9.222
(a) The commission shall oversee the delivery of deaf-blind services and techniques223
provided by an organization pursuant to subsection (c) of this Code section that lead to224
maximum independence and employment for individuals with both a hearing and a vision225
loss. These services shall include, but not be limited to, transition of deaf-blind youth from226
education to the work force; identification of deaf-blind individuals in Georgia;227
communication access for varying groups of individuals and their unique needs; training228
deaf-blind individuals in orientation and mobility, rehabilitation, and Braille; support and229
increase in the number of qualified sign language interpreters working with deaf-blind230
individuals; use of adaptive technologies, such as computers, telebraillers, and TTY231
devices; strategies and techniques to assist deaf-blind individuals in obtaining the highest232
level of independence possible; and peer support which provides access to information,233
people, and places.234
(b) The commission shall, to the greatest extent possible, integrate the services and235
techniques required pursuant to subsection (a) of this Code section into its standard236
practices and procedures with the objective of providing appropriate services in an237
appropriate manner to individuals in the deaf-blind community.238
(c) Subject to appropriations by the General Assembly, the commission shall retain an239
organization knowledgeable on deaf-blind issues to provide the services and techniques240
included in subsection (a) of this Code section to deaf-blind individuals and to provide241
comprehensive training to commission staff on such services and techniques required242
pursuant to subsection (a) of this Code section. Such organization shall be retained no later243
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than six months after funding from appropriations by the General Assembly has been made244
available for expenditure by the commission.245
30-11-10.246
The commission shall publish an annual report including a list of accomplishments,247
findings, and recommendations for improvement based on its activities and performance248
during the year. The report shall contain information needed to evaluate the progress of249
the commission in meeting the needs of blind or visually impaired individuals in this state.250
30-11-11.251
(a) Any applicant for or recipient of services from the commission who is dissatisfied with252
any action taken or decision made regarding such services may file a complaint, setting253
forth the basis for the dissatisfaction and the remedy sought. Upon receipt of the254
complaint, the executive director shall inform the individual of the voluntary process255
available for mediation of the dispute. The mediation, if chosen by the individual, shall be256
conducted by a qualified and impartial mediator, and the cost shall be paid by the257
commission.258
(b) If the dispute cannot be resolved by mediation or other informal means, the executive259
director shall, upon request of the individual, convene an arbitration panel which shall give260
notice, conduct a hearing, and render a decision. The arbitration panel shall be composed261
of three members as follows:262
(1) One individual designated by the individual filing the complaint;263
(2) One individual designated by the executive director; and264
(3) One individual who is an impartial hearing officer, as defined in Section 102 of the265
federal Rehabilitation Act of 1973, agreed upon jointly by the individuals designated266
pursuant to paragraphs (1) and (2) of this subsection. Such individual shall serve as267
chairperson of the arbitration panel and issue the decision.268
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(c) The commission shall promulgate rules and regulations sufficient to regulate all269
proceedings conducted pursuant to this Code section and to ensure the rights of all parties270
participating therein."271
SECTION 5.272
Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia273
Vocational Rehabilitation Agency, is amended by revising Code Section 49-9-5, relating to274
provision of services to persons with disabilities, as follows:275
"49-9-5.276
The agency shall provide the services authorized by this chapter to persons with disabilities277
determined to be eligible therefor; and, in carrying out the purposes of this chapter, the278
agency is authorized, among other things:279
(1) To cooperate with other departments, agencies, and institutions, both public and280
private, in providing the services authorized by this chapter to persons with disabilities;281
in studying the problems involved therein; and in establishing, developing, and providing,282
in conformity with the purposes of this chapter, such programs, facilities, and services as283
may be necessary or desirable;284
(2) To enter into reciprocal agreements with other states to provide for the services285
authorized by this chapter to residents of the state concerned;286
(3) To conduct research and compile statistics relating to the provision of services or the287
need of services by persons with disabilities;288
(4) To license blind persons or other persons with disabilities, other than blind persons,289
to operate vending facilities under its supervision and control, subject to the terms and290
conditions provided in regulations, policies, and procedures issued pursuant to Code291
Section 49-9-3, on:292
(A) State property;293
(B) County or municipal property;294
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(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard
295
Act, 20 U.S.C. Section 107(b), and any amendment thereto or any act of Congress296
relating to this subject; and297
(D) Private property; and298
(5) To provide for the establishment, supervision, and control of suitable business299
enterprises to be operated by persons with disabilities."300
SECTION 6.301
Said chapter is further amended by repealing Code Section 49-9-21, relating to delivery of302
deaf-blind services and techniques leading to maximum independence and integration, in its303
entirety.304
SECTION 7.305
Said chapter is further amended by revising Article 2, relating to vending facilities on state306
property, as follows:307
"ARTICLE 2308
49-9-40.309
As used in this article, the term:310
(1) 'State property' means any building, land, or other real property owned, leased, or311
occupied by any department, commission, board, bureau, agency, public corporation, or312
other instrumentality of the state, including, but not limited to, the Georgia Building313
Authority, and any other real property in which the state has a legal or beneficial interest;314
provided, however, the term 'state property'
that such term shall not include any property,315
real or personal, owned or leased or otherwise under the jurisdiction of the Board of316
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Regents of the University System of Georgia, the Georgia Education Authority
317
(University), or any county or independent school system of this state.318
(2) 'Vending facility' means vending stands, vending machines, snack bars, cart service,319
shelters, counters, and such other appropriate facilities and equipment as may be320
necessary for the sale of articles or services by licensed
blind persons licensed by the321
Commission for the Blind and the Visually Impaired or other persons with disabilities322
licensed by the agency, as prescribed by rules and regulations adopted by the323
Commission for the Blind and the Visually Impaired and the agency, respectively.324
49-9-41.325
To effectuate the purposes of this article, it is declared to be public policy of the state that326
on any state property where the Commission for the Blind and the Visually Impaired or the327
board determines it to be feasible to establish a vending facility to be operated by a licensed328
operator as provided in this article and where the agency or department or custodian of329
such property determines that such facility can be established without undue inconvenience330
to the operation being carried on in such state building or property, the preference accorded331
in this article shall require that such vending facility site not be deemed available for letting332
to competitive bidders for revenue-producing purposes unless the Commission for the333
Blind and the Visually Impaired or the board declines to establish on such site a vending334
facility for blind persons or other persons with disabilities. The income to the agency or335
department or custodian controlling the space for such facility sites shall generally not be336
expected to exceed reimbursement for the cost of providing such facility site space and the337
services connected therewith; but in any case where such income exceeds those purposes,338
it shall be paid into the state treasury, subject to certification and audit.339
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49-9-42.
340
For the purpose of providing blind persons or other persons with disabilities with341
remunerative employment, enlarging their economic opportunities, and stimulating them342
to greater effort in striving to make themselves self-supporting, such blind persons who are
343
licensed by the Commission for the Blind and the Visually Impaired pursuant to Code344
Section 30-11-8 or other persons with disabilities who are licensed by the Georgia345
Vocational Rehabilitation Agency agency pursuant to Code Section 49-9-5 shall be346
authorized to operate vending facilities on any state property where such vending facilities347
may be properly and satisfactorily operated by blind persons or other persons with348
disabilities. In authorizing the operation of vending facilities on state property, preference349
shall be given, so far as feasible, to blind persons licensed by the Commission for the Blind350
and the Visually Impaired or other persons with disabilities licensed by the Georgia351
Vocational Rehabilitation Agency agency as provided in this article; and the head of each352
department or agency in control of the maintenance, operation, and protection of state353
property shall, after consultation with the Commission for the Blind and the Visually354
Impaired and the board and with the approval of the Governor, prescribe regulations355
designed to assure such preference (including assignment of vending machine income to356
achieve and protect such preference) for such licensed blind persons or other persons with357
disabilities without unduly inconveniencing such departments and agencies or adversely358
affecting the interests of the state."359
SECTION 8.360
All laws and parts of laws in conflict with this Act are repealed.361
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