Bill Text: GA HB1146 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
12 LC
36 2121-EC
House
Bill 1146
By:
Representatives McCall of the
30th,
Carter of the
175th,
Hatchett of the
143rd,
and Collins of the
27th
A
BILL TO BE ENTITLED
AN ACT
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
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.