Bill Text: GA HB1146 | 2011-2012 | Regular Session | Introduced

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Bill Title: Georgia Vocational Rehabilitation Services Board; create

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2012-07-01 - Effective Date [HB1146 Detail]

Download: Georgia-2011-HB1146-Introduced.html

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12 LC 36 2121-EC/AP

House Bill 1146 (AS PASSED HOUSE AND SENATE)

By: Representatives McCall of the 30th, Carter of the 175th, Hatchett of the 143rd, Collins of the 27th, and Benton of the 31st

A BILL TO BE ENTITLED
AN ACT

To amend Titles 34 and 49 of the Official Code of Georgia Annotated, relating to labor and industrial relations and social services, respectively, so as to create the Georgia Vocational Rehabilitation Services Board; to provide for membership, terms, and compensation related to the board; to provide for an executive director of the board; to create and establish the Georgia Vocational Rehabilitation Agency; to transfer the Division of Rehabilitation Services, including but not limited to the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, from the Department of Labor to the Georgia Vocational Rehabilitation Agency; to provide for definitions; to provide for the transfer of programs, institutions, and property; to provide for the transfer of funds, positions, officers, employees, agents, and other personnel and for rights and benefits relating thereto; to provide for consultations regarding certain changes and provide for availability of records and information; to provide for powers, duties, and functions of the Georgia Vocational Rehabilitation Agency; to provide for responsibility for accrued compensatory time; to provide for service delivery regions; to provide for rules and regulations, policies, and orders and for rights and duties under certain agreements; to provide for duties, power, and functions of the board and the agency; to provide for the duties, functions, and compensation of the director thereof; to provide for funding, agreements, budgeting, and appropriations; to provide for gifts; to provide for rehabilitation services and financial assistance; to provide for hearings and administrative procedure; to provide for rights and for subrogation and liens; to provide for penalties; to provided for amendments and repeal and rights relating thereto; to provide for vending facilities for certain person with disabilities; to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to transfer the direction and supervision of such industries to the Georgia Vocational Rehabilitation Agency; to provide for property and reserve funds of such industries; to provide for compensation of workers in such industries; to specifically reserve certain laws and amend various other provisions of the Official Code of Georgia Annotated so as to conform related cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Chapter 15, relating to the transfer of division of rehabilitation services to Department of Labor, and redesignating it as Chapter 9 of Title 49, as follows:

"CHAPTER 15 CHAPTER 9
ARTICLE 1

34-15-1. 49-9-1.

As used in this chapter, the term or terms:

(1) 'Agency' means the Georgia Vocational Rehabilitation Agency created pursuant to Code Section 49-9-4.

(1)(2) 'Blind person' means a person who has:

(A) Not more than 20/200 central visual acuity in the better eye after correction; or

(B) An equally disabling loss of the visual field.

(3) 'Board' means the Georgia Vocational Rehabilitation Services Board created pursuant to Code Section 49-9-2.

(2) 'Commissioner' means the Commissioner of Labor.

(3) 'Department' means the Department of Labor.

(4) 'Director' means the official of the division who is charged with the administration of its functions under this chapter agency executive director appointed pursuant to Code Section 49-9-3.

(5) 'Disability to employment' means a physical or mental condition which constitutes, contributes to, or, if not corrected, will probably result in an impairment of occupational performance.

(6) 'Division' means the Division of Rehabilitation Services of the Department of Labor.

(7)(6) 'Occupational license' means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation.

(8)(7) 'Person with disabilities' means an individual having a physical or mental impairment that substantially limits one or more of the major life activities.

(9)(8) 'Prosthetic appliance' means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.

(10)(9) 'Regulations' means regulations made by the Commissioner director with the approval of the board and promulgated in the manner prescribed by law.

(11)(10) 'Rehabilitation center' means a facility operated for the purpose of assisting in the rehabilitation of persons with disabilities which provides one or more of the following types of services:

(A) Testing, fitting, or training in the use of prosthetic devices;

(B) Prevocational or conditioning therapy;

(C) Physical, corrective, or occupational therapy; or

(D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evaluation of persons with disabilities and an integrated program of physical restoration and relating training is provided under competent professional supervision and direction.

(12)(11) 'Rehabilitation training' means all necessary training provided to a person with disabilities to compensate for his or her disability to employment, including, but not limited to, manual preconditioning, relating, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities.

(13)(12) 'Vocational rehabilitation' and 'vocational rehabilitation services' mean any service, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a person with disabilities for his or her disability to employment and to enable such individual to engage in a remunerative occupation.

(14)(13) 'Workshop' means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing rehabilitative activities, including the use of monetary rewards as an incentive practice for persons with disabilities unable to engage in the competitive labor market. Persons receiving services in workshops shall not be considered as employees of the state for workers' compensation, retirement, or any other purposes.

49-9-2.

(a) There is created the Georgia Vocational Rehabilitation Services Board. The board shall consist of nine members who work or have worked in the area of vocational rehabilitation or who are a part of the vocational rehabilitation community; provided, however, that five members shall be persons with disabilities or family members of persons with disabilities.

(b) The members of the board shall be appointed by the Governor. The first such members shall be appointed by the Governor to take office on July 1, 2012, for initial terms as follows: Three such members shall be appointed for terms of one year; three such members shall be appointed for terms of two years; and three such members shall be appointed for terms of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board.

(c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term.

(d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17.

(e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. The term of the chairperson shall be established by rules of the board.

(f) A quorum for transacting business shall be determined by the members of the board.

(g) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards.

(h) In addition to the powers and duties set forth in this chapter, the board shall recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards relating to vocational rehabilitation services, the improvement of coordination among state and local agencies that provide vocational rehabilitation services, and the improvement of the condition of citizens who are in need of vocational rehabilitation services.

34-15-3. 49-9-3.

(a) There shall be an executive director of the Georgia Vocational Rehabilitation Agency nominated by the Governor and approved by the board. The director shall serve during the term of the Governor by whom he or she is appointed and at the pleasure of the board. If the Governor's term expires and the incoming Governor has not made a nomination or such nomination has not been approved by the board, the current director shall serve until a replacement is nominated by the incoming Governor and approved by the board.

(b) In carrying out his or her duties under this chapter, the director of the Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency:

(1) Shall, with the approval of the Commissioner board, prepare such regulations for promulgation by the Commissioner board as he or she finds necessary to carry out the purposes of this chapter;

(2) Shall, with the approval of the Commissioner board, prepare such policies and procedures as he or she finds necessary for the purposes of this chapter and establish appropriate subordinate administrative units within the division agency;

(3) Shall recommend to the Commissioner board for appointment such personnel as he or she deems necessary for the efficient performance of the functions of the division agency;

(4) Shall prepare and submit to the Commissioner board annual reports of activities and expenditures and, prior to each regular session of the General Assembly, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;

(5) Shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter;

(6) May, with the approval of the Commissioner board, delegate to any officer or employee of the division agency such of his or her powers and duties, except the making of regulations and the appointment of personnel, as he or she finds necessary to carry out the purposes of this chapter; and

(7) Is designated as the administrator of a program provided under Section 221 of the federal Social Security Act, relating to disability adjudication services. The director shall receive, notwithstanding any other provision of law and in addition to his or her regular compensation, such compensation and allowance as may be augmented from grants by the appropriate federal agency in such amount as is determined by the federal agency to be commensurate with the duties imposed by Section 221 of the federal Social Security Act.

34-15-2. 49-9-4.

(a)(1) The Division of Rehabilitation Services within the Department of Human Resources (now known as the Department of Human Services), including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and that division shall become the Division of Rehabilitation Services of the Department of Labor on July 1, 2001. The functions, duties, programs, institutions, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2001, are vested in the Department of Labor effective July 1, 2001 The Georgia Vocational Rehabilitation Agency is created and established to perform the functions and assume the duties, powers, and authority exercised on June 30, 2012, by the Division of Rehabilitation Services within the Department of Labor including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, and such division shall be reconstituted as the Georgia Vocational Rehabilitation Agency effective July 1, 2012.

(2) The Georgia Vocational Rehabilitation Agency shall be assigned to the Department of Human Services for administrative purposes only, as prescribed in Code Section 50-4-3.

(3) On and after July 1, 2012, the powers, functions, duties, programs, institutions, and authority of the Georgia Vocational Rehabilitation Agency relating to the former Division of Rehabilitation Services within the Department of Labor shall be performed and exercised by the Georgia Vocational Rehabilitation Agency pursuant to this article. The Georgia Vocational Rehabilitation Agency shall take all necessary steps to ensure continuity of services for the vocational rehabilitation of persons with disabilities during such transfer.

(b) The division agency shall be administered by a director appointed by the Commissioner pursuant to Code Section 49-9-3. The policy-making functions which were vested in the Board of Human Resources (now known as the Board of Human Services) or the Department of Human Resources Department of Labor pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2001 Georgia Vocational Rehabilitation Agency effective July 1, 2012.

(c) Any proceedings or other matters pending before the Division of Rehabilitation Services of the Department of Labor on June 30, 2012, which relate to the functions transferred to the Georgia Vocational Rehabilitation Agency shall be transferred to the agency on July 1, 2012.

(b)(d) The Department of Labor shall, from July 1, 2001, Georgia Vocational Rehabilitation Agency shall, from July 1, 2012, assume possession and control of all records, papers, equipment, supplies, office space, and all other tangible property possessed and controlled by the Department of Human Resources as of June 30, 2001, in the Department of Human Resources' Department of Labor as of June 30, 2012, in the Department of Labor's administration of the Division of Rehabilitation Services. All funds attributable to the Division of Rehabilitation Services and its programs and institutions from state, federal, and any other public or private source, shall be transferred to the Department of Labor on July 1, 2001 Georgia Vocational Rehabilitation Agency on July 1, 2012.

(e) On July 1, 2012, the Georgia Vocational Rehabilitation Agency shall receive custody of any state owned real property in the custody of the Department of Labor on June 30, 2012, which pertains to the functions transferred from the Division of Rehabilitation Services to the Georgia Vocational Rehabilitation Agency.

(c)(f) The Department of Human Resources Prior to July 1, 2012, the Office of Planning and Budget shall calculate, in consultation with the Department of Labor, the amount of all funds of or attributable to the Division of Rehabilitation Services and its programs and institutions from any source that are used to provide administrative or other services within the Department of Human Resources Department of Labor, including funds from the disability adjudication section, the cost allocation system, and any indirect costs funding from the federal government or any other source. The amount calculated shall be transferred to the Department of Labor on July 1, 2001 agency on July 1, 2012. Any changes or amendments made to the structure or placement of division programs and institutions, the allocation and expenditure of division funds, division rules, regulations, policies and procedures, or the administrative orders of the Department of Human Resources pertaining to the division, between May 1, 2000, and July 1, 2001, shall be made in consultation with the Commissioner of Labor. In addition, on and after May 1, 2000, the Department of Human Resources shall make available to the Department of Labor all records and information of the Department of Human Resources and the Division of Rehabilitation Services which relate to the functions, duties, and administration of the division, to assist in the orderly transfer of the division to the Department of Labor.

(d)(g) All officers, employees, and agents of the Division of Rehabilitation Services who, on June 30, 2001 June 30, 2012, are engaged in the performance of a function or duty which shall be vested in the Division of Rehabilitation Services of the Department of Labor on July 1, 2001 Georgia Vocational Rehabilitation Agency on July 1, 2012, by this chapter, shall be automatically transferred to the Department of Labor on July 1, 2001 Georgia Vocational Rehabilitation Agency on July 1, 2012. An equivalent number of positions or funds of the Department of Human Resources Department of Labor which provide administrative support to the Division of Rehabilitation Services shall be transferred to the Department of Labor on July 1, 2001 Georgia Vocational Rehabilitation Agency on July 1, 2012. Such persons shall be subject to the employment practices and policies of the Department of Labor on and after July 1, 2001 Georgia Vocational Rehabilitation Agency on and after July 1, 2012, but consistent with the compensation and benefits of other employees of that department holding positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Employees who are subject to the State Personnel Administration and who are transferred to the Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency shall retain all existing rights under the State Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2001, shall not be impaired or interrupted by the transfer of such employees, and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2001. Accrued annual and sick leave shall be retained by said employees as employees of the Department of Labor Georgia Vocational Rehabilitation Agency. The Department of Human Resources Department of Labor shall be responsible for payment of the accrued Fair Labor Standards Act compensatory time possessed by said employees. Such accrued compensatory time shall be used by or paid to said employees prior to July 1, 2001 July 1, 2012.

(e)(1)(h)(1) The Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency is the designated state unit for the vocational rehabilitation program.

(2) The Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency shall conform to federal standards in all respects necessary for receiving federal grants and the Commissioner of the Department of Labor director of the Georgia Vocational Rehabilitation Agency is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.

(3) The Georgia Vocational Rehabilitation Agency shall take all necessary steps to secure at a minimum the same level of benefits provided pursuant to relevant federal statutes and appropriations received by the Division of Rehabilitation Services of the Department of Labor prior to June 30, 2012. The department shall also amend the state plan if necessary to meet federal funding requirements.

(3)(4) The Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency is authorized to employ, on a full or part-time basis, such medical, psychiatric, social work, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the division agency under this chapter. The division agency is also authorized to contract for such professional services as may be necessary.

(4)(5) Classified employees of the Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Personnel Administration.

(5) All personnel of the Division of Rehabilitation Services of the Department of Labor are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Labor, or otherwise had by persons at the time of employment with that department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Division of Rehabilitation Services of the Department of Labor.

(f)(i) The Department of Labor Georgia Vocational Rehabilitation Agency shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources Department of Labor which are in effect on June 30, 2001 June 30, 2012, and which relate to the functions of the Division of Rehabilitation Services. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law.

(g)(j) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2001, by the Department of Human Resources July 1, 2012, by the Department of Labor or the Division of Rehabilitation Services pertaining to the Division of Rehabilitation Services transferred to the Department of Labor Georgia Vocational Rehabilitation Agency by this chapter shall continue to exist; and none of these rights, privileges, entitlements, obligations, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Labor Georgia Vocational Rehabilitation Agency. In all such instances, the Department of Labor Georgia Vocational Rehabilitation Agency shall be substituted for the Department of Human Resources Department of Labor or the Division of Rehabilitation Services, and the Department of Labor Georgia Vocational Rehabilitation Agency shall succeed to the rights, privileges, entitlements, and duties under such contracts, leases, agreements, and other transactions.

(h)(k) The Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency shall conform all service delivery regions to the state service delivery regions provided in subsection (a) of Code Section 50-4-7.

34-15-4. 49-9-5.

The department, through the division, agency shall provide the services authorized by this chapter to persons with disabilities determined to be eligible therefor; and, in carrying out the purposes of this chapter, the division agency is authorized, among other things:

(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this chapter to persons with disabilities; in studying the problems involved therein; and in establishing, developing, and providing, in conformity with the purposes of this chapter, such programs, facilities, and services as may be necessary or desirable;

(2) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the state concerned;

(3) To conduct research and compile statistics relating to the provision of services or the need of services by persons with disabilities;

(4) To license blind persons or other persons with disabilities to operate vending facilities under its supervision and control, subject to the terms and conditions provided in regulations, policies, and procedures issued pursuant to paragraphs (1) and (2) of Code Section 34-15-3 49-9-3, on:

(A) State property;

(B) County or municipal property;

(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act (20 U.S. Code, Section 107b)(49 Stat. 1559) and any amendment thereto or any act of Congress relating to this subject; and

(D) Private property; and

(5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by persons with disabilities.

34-15-5. 49-9-6.

The Division of Rehabilitation Services agency is authorized to utilize funds made available from appropriations by Congress, by gifts or grants from private sources, by appropriations of the General Assembly, or by transfer of funds from other state departments for the purpose of establishing and operating rehabilitation centers and workshops.

34-15-6. 49-9-7.

The department, through the division, agency is empowered and directed to cooperate, pursuant to agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to the purposes of this chapter. The department agency is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes and appropriations, to administer any legislation pursuant thereto enacted by this state, to direct the disbursement and administer the use of all funds provided by the federal government or this state for the purposes of this chapter, and to do all things necessary to ensure the vocational rehabilitation of persons with disabilities.

34-15-7. 49-9-8.

The Office of the State Treasurer is designated as custodian of all moneys received from the federal government for the purpose of carrying out any federal statutes pertaining to the purpose of this chapter. The Office of the State Treasurer shall make disbursements from such funds and all state funds available for such purposes, upon certification in the manner provided in paragraph (5) of Code Section 34-15-3 49-9-3.

34-15-8. 49-9-9.

Budget estimates of the amount of appropriations needed each fiscal year for vocational rehabilitation services and for the administration of the programs under this chapter shall be submitted by the director to the Commissioner board and, upon approval by the Commissioner board, shall be included in the estimates made by the Commissioner board to the Office of Planning and Budget. In the event federal funds are available to the state for vocational rehabilitation purposes, the Division of Rehabilitation Services Georgia Vocational Rehabilitation Agency is authorized to comply with such requirements as may be necessary to obtain said federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the state law and Constitution. In the event Congress fails in any year to appropriate funds for grants-in-aid to the state for vocational rehabilitation purposes, the Commissioner board shall include as a part of his or her its budget a request for adequate state funds for vocational rehabilitation purposes.

34-15-9. 49-9-10.

The director is authorized and empowered, with the approval of the Commissioner board, to accept and use gifts made unconditionally, by will or otherwise, for carrying out the purposes of this chapter. Gifts made under such conditions as are proper and consistent with this chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift.

34-15-10. 49-9-11.

(a) Vocational rehabilitation services shall be provided to any qualified individual who is a bona fide resident of the state.

(b) The financial need of eligible persons with disabilities will be considered in the provision of vocational rehabilitation services to the extent allowed by federal or other state law.

34-15-11. 49-9-12.

The Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency is the designated state unit for the independent living program. The independent living program is authorized to provide or contract for the provision of such services as may be needed to enable persons with disabilities to attain the maximum degree of independent living. The powers delegated and authorized in this Code section for the division agency shall be in addition to those previously authorized by any other law. The department agency is authorized to cooperate with any federal agency in the administration of such a program.

34-15-12. 49-9-13.

Any individual applying for or receiving vocational rehabilitation services who is aggrieved by any action or inaction of the division agency shall be entitled, in accordance with regulations, to a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and in accordance with applicable federal laws and regulations.

34-15-13. 49-9-14.

Any rights of persons with disabilities to maintenance under this chapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.

34-15-14. 49-9-15.

Where a person with disabilities who receives vocational rehabilitation services is covered by a hospitalization or medical insurance policy, the Division of Rehabilitation Services Georgia Vocational Rehabilitation Agency shall be subrogated to the rights of such person with disabilities to recover in an amount not to exceed the cost of vocational rehabilitation services rendered by the Division of Rehabilitation Services Georgia Vocational Rehabilitation Agency, exclusive of those services for which eligibility is not predicated on the need for financial assistance. Where the person with disabilities receives vocational rehabilitation services without disclosing that he or she is covered by a hospitalization or medical insurance policy, he or she shall be liable therefor to the Division of Rehabilitation Services Georgia Vocational Rehabilitation Agency in an amount not to exceed the cost of rehabilitation services rendered, exclusive of those services for which eligibility is not predicated on the need for financial assistance, or in an amount not to exceed the insurance reimbursement received, whichever is the lesser.

34-15-15. 49-9-16.

Where a person with disabilities who receives vocational rehabilitation services is entitled to recover damages for said injuries, the Division of Rehabilitation Services Georgia Vocational Rehabilitation Agency shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal representative of such individual, on account of injuries giving rise to such cause of action and which necessitated such rehabilitation services, subject, however, to any attorney's lien. In order to perfect such lien, the Division of Rehabilitation Services Georgia Vocational Rehabilitation Agency shall file in the office of the clerk of the superior court of the county wherein the individual resides, a verified statement setting forth the name and address of such individual; the name and address of the Division of Rehabilitation Services Georgia Vocational Rehabilitation Agency; the amount claimed to be due for such vocational rehabilitation services; and, to the best of claimant's knowledge, the names and addresses of all persons, firms, or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries. The Division of Rehabilitation Services Georgia Vocational Rehabilitation Agency shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm, or corporation so claimed to be liable for such damages to the addresses as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms, or corporations liable for such damages, whether or not they are named in such claim or lien. The clerk of the court shall endorse thereon the date and hour of filing in the hospital lien book, along with the name of the claimant, the injured person, the amount claimed, and the names and addresses of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid $1.00 as his or her fee for such filing. No release for such cause or causes of action or any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien; and the claimant of such lien may enforce the lien by an action against the person, firm, or corporation liable for such damages.

34-15-16. 49-9-17.

The division agency is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use of persons with disabilities and to repossess and transfer them for the use of other persons with disabilities. The Commissioner board is authorized to offer for sale any items acquired in the operation of the program under this chapter when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged, a receipt for it shall be taken from the purchaser showing the consideration given for such equipment and shall be forwarded to the Office of the State Treasurer; and any funds received by the division agency pursuant to any such transactions shall be deposited in the state treasury in the appropriate federal or state rehabilitation account and shall be available for expenditures for any purposes consistent with this chapter.

34-15-17. 49-9-18.

It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, policies, and procedures, for any person or persons to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records. Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

34-15-18. 49-9-19.

Employees of the department agency engaged in functions under this chapter shall be governed by the prohibitions in the rules and regulations of the State Personnel Board and the federal Office of Personnel Management from participation in political activity.

34-15-19. 49-9-20.

The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this chapter at any time.

34-15-20. 49-9-21.

(a) The Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency shall oversee the delivery of deaf-blind services and techniques provided by an organization pursuant to subsection (c) of this Code section that lead to maximum independence and employment for individuals with both a hearing and a vision loss. These services shall include, but not be limited to, transition of deaf-blind youth from education to the work force; identification of deaf-blind individuals in Georgia; communication access for varying groups of individuals and their unique needs; training deaf-blind individuals in orientation and mobility, rehabilitation, and Braille; utilization of support service providers to function as sighted guides, communication facilitators, and providers of transportation; support and increase in the number of qualified sign language interpreters working with deaf-blind individuals; use of adaptive technologies, such as computers, telebraillers, and TTY devices; strategies and techniques to assist deaf-blind individuals in obtaining the highest level of independence possible; and peer support which provides access to information, people, and places.

(b) The division agency shall, to the greatest extent possible, integrate the services and techniques required pursuant to subsection (a) of this Code section into its standard practices and procedures with the objective of providing appropriate services in an appropriate manner to individuals in the deaf-blind community.

(c) Subject to appropriations by the General Assembly, the Division of Rehabilitation Services Georgia Vocational Rehabilitation Agency shall retain an organization knowledgeable on deaf-blind issues to provide the services and techniques included in subsection (a) of this Code section to deaf-blind individuals and to provide comprehensive training to division agency staff on such services and techniques required pursuant to subsection (a) of this Code section. Such organization shall be retained no later than six months after funding from appropriations by the General Assembly has been made available for expenditure by the department agency.

ARTICLE 2

34-15-40. 49-9-40.

As used in this article, the term:

(1) 'State property' means any building, land, or other real property owned, leased, or occupied by any department, commission, board, bureau, agency, public corporation, or other instrumentality of the state, including, but not limited to, the Georgia Building Authority, and any other real property in which the state has a legal or beneficial interest; provided, however, the term 'state property' shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of the University System of Georgia, the Georgia Education Authority (University), or any county or independent school system of this state.

(2) 'Vending facility' means vending stands, vending machines, snack bars, cart service, shelters, counters, and such other appropriate facilities and equipment as may be necessary for the sale of articles or services by licensed blind persons or other persons with disabilities, as prescribed by rules and regulations adopted by the department agency.

34-15-41. 49-9-41.

To effectuate the purposes of this article, it is declared to be public policy of the state that on any state property where the Commissioner of Labor board determines it to be feasible to establish a vending facility to be operated by a licensed operator as provided in this article and where the agency or department or custodian of such property determines that such facility can be established without undue inconvenience to the operation being carried on in such state building or property, the preference accorded in this article shall require that such vending facility site not be deemed available for letting to competitive bidders for revenue-producing purposes unless the Commissioner board declines to establish on such site a vending facility for blind persons or other persons with disabilities. The income to the agency or department or custodian controlling the space for such facility sites shall generally not be expected to exceed reimbursement for the cost of providing such facility site space and the services connected therewith; but in any case where such income exceeds those purposes, it shall be paid into the state treasury, subject to certification and audit.

34-15-42. 49-9-42.

For the purpose of providing blind persons or other persons with disabilities with remunerative employment, enlarging their economic opportunities, and stimulating them to greater effort in striving to make themselves self-supporting, such blind persons or other persons with disabilities who are licensed by the Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency shall be authorized to operate vending facilities on any state property where such vending facilities may be properly and satisfactorily operated by blind persons or other persons with disabilities. In authorizing the operation of vending facilities on state property, preference shall be given, so far as feasible, to blind persons or other persons with disabilities licensed by the Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency as provided in this article; and the head of each department or agency in control of the maintenance, operation, and protection of state property shall, after consultation with the Commissioner board and with the approval of the Governor, prescribe regulations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind persons or other persons with disabilities without unduly inconveniencing such departments and agencies or adversely affecting the interests of the state."

SECTION 2.

Said Title 34 is further amended by reserving the Chapter 15 designation.

SECTION 3.

The Official Code of Georgia Annotated is amended by revising the following Code sections by striking the term "Division of Rehabilitation Services of the Department of Labor" wherever such term occurs and inserting in its place the term "Georgia Vocational Rehabilitation Agency":

(1) Code Section 15-11-63, relating to designated felony acts, definitions, restrictive custody disposition, procedure and notice to schools;

(2) Code Section 15-21-143, relating to appointment of members and personnel relative to the Brain and Spinal Injury Trust Fund Commission and agencies;

(3) Code Section 30-6-4, relating to authority of Division of Rehabilitation Services to establish program;

(4) Code Section 30-6-5, relating to standards of certain personal assistance programs;

(5) Code Section 31-15-3, relating to functions of the Cancer Advisory Committee, membership, terms of office, and vacancies;

(6) Code Section 31-16-3, relating to functions of the Kidney Disease Advisory Committee, membership, terms of office, vacancies, and compensation and reimbursement of expenses;

(7) Code Section 45-18-5.1, relating to licensed blind or otherwise seriously disabled vendors;

(8) Code Section 45-18-5.2, relating to sheltered employment center employees;

(9) Code Section 49-4A-9, relating to sentence of youthful offenders, modification of order, review, and participation in programs; and

(10) Code Section 49-5-225, relating to local interagency committees, membership, and function of committees.

SECTION 4.

Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, is amended by revising Code Section 30-2-3, relating to supervision of industries by Department of Labor and acquisition of property, as follows:

"30-2-3.

(a) The industries shall be state institutions under the direction and supervision of the Department of Labor Georgia Vocational Rehabilitation Agency.

(b) The Department of Labor Georgia Vocational Rehabilitation Agency is authorized to provide the property necessary for the industries. The Department of Labor Georgia Vocational Rehabilitation Agency may acquire real property through the State Properties Commission pursuant to Code Section 50-16-38 or the department agency may enter into rental agreements in order to acquire the needed space. The acquisition of such property is not deemed to be 'administrative space' within the meaning of Article 2 of Chapter 5 of Title 50, the 'State Space Management Act of 1976.'"

SECTION 5.

Said chapter is further amended by revising Code Section 30-2-7, relating to compensation of workers and observance of and payment for state holidays, as follows:

"30-2-7.

(a) Each worker in an industry who is otherwise entitled to share in the benefits provided for blind persons under Articles 1 and 3 of Chapter 4 of Title 49 shall, in addition to the amount received as compensation for his or her services in the industry, receive from the Department of Human Services such amount of public assistance as shall be determined in accordance with the regulations approved by the commissioner of human services.

(b) All workers in the industries shall observe all holidays observed by other departments and agencies of the state government and shall receive their proportionate compensation for each holiday so observed. If any worker shall be compensated in such a manner that his or her daily compensation is not fixed, but rather is based upon a production basis, he or she shall receive by way of compensation for such observance of state holidays the average daily production compensation received by him or her during the immediately preceding 30 day period, holidays and Sundays excluded. The Department of Labor Georgia Vocational Rehabilitation Agency is authorized and directed to pay such compensation from the funds appropriated to and available for the department agency."

SECTION 6.

Code Section 32-2-4.1 of the Official Code of Georgia Annotated, relating to the Gateway Center, is amended by revising subsection (e) as follows:

"(e) Gateway Center may be a 'welcome center, tourist center, and safety rest area' for purposes of Code Section 34-15-42 49-9-42, and the preference given by Code Sections 34-15-41 and 34-15-42 49-9-41 and 49-9-42 shall apply to and affect Gateway Center."

SECTION 7.

Part 1 of Article 1 of Chapter 18 of Title 45, relating to State Employees' Health Insurance Plan, is amended by revising Code Section 45-18-5.1, relating to licensed blind or otherwise seriously disabled vendors, as follows:

"45-18-5.1.

The Department of Labor Georgia Vocational Rehabilitation Agency is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Labor Georgia Vocational Rehabilitation Agency, for the inclusion of licensed blind persons or other persons with disabilities operating a vending facility in accordance with Article 2 of Chapter 15 of Title 34 Article 2 of Chapter 9 of Chapter 49 within any health insurance plan or plans established under this part. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or other persons with disabilities and remit it to the Department of Labor Georgia Vocational Rehabilitation Agency for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans. Should the Georgia Cooperative Services for the Blind, Inc., fail to remit such deductions or such employer contributions through the Department of Labor Georgia Vocational Rehabilitation Agency, the commissioner board may, upon written notice to the Georgia Cooperative Services for the Blind, Inc., terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted."

SECTION 8.

Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, is amended by revising Code Section 50-16-4, relating to use and keeper of capitol building and grounds, as follows:

"50-16-4.

The use of the capitol building and grounds shall be limited to departments of the state government and to state and national political organizations, and the keeper of public buildings and grounds shall not grant the use of either the capitol buildings or grounds for any other purposes, except that the Georgia Building Authority as keeper of public buildings and grounds is authorized to provide space in the capitol building for use as a vending stand, as described by Article 2 of Chapter 15 of Title 34 Article 2 of Chapter 9 of Title 49, for the use of state officials and employees and their invited guests."

SECTION 9.

This Act shall become effective on July 1, 2012.

SECTION 10.

All laws and parts of laws in conflict with this Act are repealed.