Bill Text: GA HB1521 | 2009-2010 | Regular Session | Introduced
Bill Title: Rehabilitation Services, Division of; transfer to Department of Community Affairs; repeal certain provisions
Sponsorship: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2010-04-29 - House First Readers [HB1521 Detail]
Download: Georgia-2009-HB1521-Introduced.html
10 LC
35 1745
House
Bill 1521
By:
Representatives Smith of the
168th,
Keen of the
179th,
Williams of the
165th,
Drenner of the
86th,
Collins of the
27th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 34 of the Official Code of Georgia Annotated, relating to labor and
industrial relations, so as to repeal certain provisions; to transfer the
Division of Rehabilitation Services from the Department of Labor to the
Department of Community Affairs; to amend Chapter 8 of Title 50 of the Official
Code of Georgia Annotated, relating to the Department of Community Affairs, so
as to transfer functions and personnel of the Division of Rehabilitation
Services to the Department of Community Affairs; to provide for the more
efficient operation of the division; to amend definitions relating to the
Division of Rehabilitation Services; to provide for legislative intent; to
change references consistent with the transfer of provisions; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
WHEREAS,
the Division of Rehabilitation Services (DORS) of the Department of Labor
conducts a unique and essential public service for those individuals most in
need of assistance: the physically and mentally disabled; and
WHEREAS,
the vocational and rehabilitative services provided by DORS uniquely aid in the
employment of disabled Georgia citizens and help the disabled to help themselves
by enabling persons with disabilities to engage in remunerative occupations and
ultimately to become increasingly self-sufficient; and
WHEREAS,
each community within each county of Georgia should have equal and meaningful
access to rehabilitative services, and the Georgia Department of Community
Affairs is uniquely able to provide incentives to local areas to assist in the
development of vocational rehabilitative services and improve the quality of
life through the development of such programs; and
WHEREAS,
the General Assembly acknowledges that access to vocational rehabilitative
services is an important local and regional planning component that is critical
to meeting the needs and providing for the general welfare of disabled persons
and their families; and
WHEREAS,
there is a clear need for the State of Georgia to establish a statewide plan for
vocational rehabilitative services that lowers costs and provides greater
services for less money; and
WHEREAS,
current technology provides an opportunity to decentralize and reduce
administrative staff at a cost savings to the state; and
WHEREAS,
vocational rehabilitation interacts with the various health services of cities
and counties throughout the state; and
WHEREAS,
Georgia has become known for its efforts to provide improved customer services
to its citizens; and
WHEREAS,
the state should encourage the employment of persons with disabilities in
pursuit of its overall mission to serve its citizens regardless of disability,
and such persons with disabilities should not be denied access to important
information that would allow them to make informed choices on key quality work
and career issues; and
WHEREAS,
the transfer of the Division of Rehabilitative Services to the Department of
Community Affairs will allow for expansion and improvement in the delivery of
vocational rehabilitative services without any additional costs to the
state.
NOW,
THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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
50-8-270,
and the preference given by Code
Sections
34-15-41 and 34-15-42
Section
50-8-270 shall apply to and affect Gateway
Center."
SECTION
2.
Title
34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, is amended by repealing Chapter 15, relating to the transfer of the
Division of Rehabilitation Services to the Department of Labor.
SECTION
3.
Chapter
8 of Title 50 of the Official Code of Georgia Annotated, relating to the
Department of Community Affairs, is amended by adding a new article to read as
follows:
"ARTICLE
10
50-8-250.
As
used in this article, the term or terms:
(1)
'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.
(2)
'Commissioner' means the commissioner of community affairs.
(3)
'Department' means the Department of Community Affairs.
(4)
'Director' means the official of the division who is charged with the
administration of the division's functions under this article.
(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
Community Affairs.
(7)
'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)
'Person with disabilities' means an individual having a physical or mental
impairment that substantially limits one or more of the major life
activities.
(9)
'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)
'Regulations' means regulations made by the commissioner and promulgated in the
manner prescribed by law.
(11)
'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)
'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)
'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)
'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.
50-8-251.
(a)
The Division of Rehabilitation Services within the Department of Labor,
including the disability adjudication section, rehabilitative services, business
enterprise program, services for the blind, and the Roosevelt Warm Springs
Institute for Rehabilitation, all are transferred to the Department of Community
Affairs on July 1, 2010, and that division shall become the Division of
Rehabilitation Services of the Department of Community Affairs on July 1, 2010.
The functions, duties, programs, institutions, and authority of the Division of
Rehabilitation Services which were vested in the Department of Labor on June 30,
2010, are vested in the Department of Community Affairs effective July 1, 2010.
The division shall be administered by a director appointed by the commissioner.
The policy-making functions which were vested in the Department of Labor are
vested in the Board of Community Affairs effective July 1, 2010.
(b)
The department shall, from July 1, 2010, assume possession and control of all
records, papers, equipment, supplies, office space, and all other tangible
property possessed and controlled by the Department of Labor as of June 30,
2010, 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, including surplus stimulus funds, shall
be transferred to the department July 1, 2010.
(c)
The Department of Labor shall calculate, in consultation with the department,
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 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, including surplus stimulus funds. The amount calculated shall be
transferred to the Department of Community Affairs on July 1, 2010. 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 Labor pertaining to the division, until July 1, 2010, shall be
made in consultation with the commissioner. In addition, on and after July 1,
2010, the Department of Labor shall make available to the department all records
and information of the Department of Labor and the division which relate to the
functions, duties, and administration of the division, to assist in the orderly
transfer of the division to the department.
(d)
All officers, employees, and agents of the Division of Rehabilitation Services
who, on June 30, 2010, are engaged in the performance of a function or duty
which shall be vested in the Division of Rehabilitation Services of the
Department of Community Affairs on July 1, 2010, by this article, shall be
automatically transferred to the department. An equivalent number of positions
or funds of the Department of Labor which provide administrative support to the
Division of Rehabilitation Services shall be transferred to the department on
July 1, 2010. Such persons shall be subject to the employment practices and
policies of the department on and after July 1, 2010. 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
department shall retain all existing rights under the State Personnel
Administration. Retirement rights of such transferred employees on June 30,
2010, 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, 2010. Accrued annual and
sick leave shall be retained by said employees as employees of the department.
The department 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,
2010.
(e)(1)
The Division of Rehabilitation Services of the Department of Community Affairs
is the designated state unit for the vocational rehabilitation
program.
(2)
The division shall conform to federal standards in all respects necessary for
receiving federal grants and the commissioner 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 division 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 under this article. The division is
also authorized to contract for such professional services as may be
necessary.
(4)
Classified employees of the division under this article shall in all instances
be employed and dismissed in accordance with rules and regulations of the State
Personnel Administration.
(f)
The Department of Community Affairs shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Labor which
are in effect on June 30, 2010, 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)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2010, by
the Department of Labor or the Division of Rehabilitation Services pertaining to
the division transferred to the department by this article shall continue to
exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
department. In all such instances, the department shall be substituted for the
Department of Labor, and the department shall succeed to the rights and duties
under such contracts, leases, agreements, and other transactions.
50-8-252.
(a)
There shall be a director of the Division of Rehabilitation Services who shall
be appointed or removed by the commissioner.
(b)
In carrying out his or her duties under this article, the director of the
Division of Rehabilitation Services of the Department of Community
Affairs:
(1)
Shall, with the approval of the commissioner, prepare such regulations for
promulgation by the department as he or she finds necessary to carry out the
purposes of this article;
(2)
Shall, with the approval of the commissioner, prepare such policies and
procedures as he or she finds necessary for the purposes of this article and
establish appropriate subordinate administrative units within the
division;
(3)
Shall recommend to the commissioner for appointment such personnel as he or she
deems necessary for the efficient performance of the functions of the division
and provide for the training of such personnel;
(4)
Shall prepare and submit to the commissioner, the President of the Senate, and
the Speaker of the House of Representatives annual reports of activities and
expenditures, including an evaluation of the effectiveness of each agency
program, and, prior to each regular session of the General Assembly, estimates
of sums required for carrying out this article and estimates of the amounts to
be made available for this purpose from all sources;
(5)
Shall prepare a biennial report consisting of the results of customer service
delivery evaluations which shall survey a broad range of customers that includes
not only persons with disabilities and their families, but also educators,
community service personnel, and other state and local agencies with which the
Division of Rehabilitation Services must interact and serve;
(6)
Shall make certification for disbursement, in accordance with regulations, of
funds available for carrying out the purposes of this article;
(7)
May, with the approval of the Commissioner, delegate to any officer or employee
of the division 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 article; and
(8)
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.
50-8-253.
The
department, through the division, shall provide the services authorized by this
article to persons with disabilities determined to be eligible therefor; and, in
carrying out the purposes of this article, the division is authorized, among
other things:
(1)
To cooperate with other departments, agencies, boards, schools, and
institutions, both public and private, in providing the services authorized by
this article to persons with disabilities; in studying the problems involved
therein; and in establishing, developing, and providing, in conformity with the
purposes of this article, 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 article 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, and the
effectiveness of division programs;
(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
Code Section 50-8-270, 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.
50-8-254.
The
Division of Rehabilitation Services 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.
50-8-255.
The
department, through the division, 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 article. The
department 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 article, and to do all things necessary to ensure
the vocational rehabilitation of persons with disabilities.
50-8-256.
The
Office of Treasury and Fiscal Services 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 article. The Office of Treasury and
Fiscal Services shall make disbursements from such funds and all state funds
available for such purposes.
50-8-257.
Budget
estimates of the amount of appropriations needed each fiscal year for vocational
rehabilitation services and for the administration of the programs under this
article shall be submitted by the director to the commissioner and, upon
approval by the commissioner, shall be included in the estimates made by the
commissioner to the Office of Planning and Budget. In the event federal funds
are available to the state for vocational rehabilitation purposes, the division
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 shall include as a part of his or her budget a
request for adequate state funds for vocational rehabilitation
purposes.
50-8-258.
The
director is authorized and empowered, with the approval of the commissioner, to
accept and use gifts made unconditionally, by will or otherwise, for carrying
out the purposes of this article. Gifts made under such conditions as are
proper and consistent with this article may be so accepted and shall be held,
invested, reinvested, and used in accordance with the conditions of the
gift.
50-8-259.
(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.
50-8-260.
The
Division of Rehabilitation Services of the Department of Community Affairs 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 shall be in addition to those previously
authorized by any other law. The department is authorized to cooperate with any
federal agency in the administration of such a program.
50-8-261.
Any
individual applying for or receiving vocational rehabilitation services who is
aggrieved by any action or inaction of the division shall be entitled, in
accordance with regulations, to a hearing.
50-8-262.
Any
rights of persons with disabilities to maintenance under this article shall not
be transferable or assignable at law or in equity and shall be exempt from the
claims of creditors.
50-8-263.
Where
a person with disabilities who receives vocational rehabilitation services is
covered by a hospitalization or medical insurance policy, the Division of
Rehabilitation Services 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, 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 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.
50-8-264.
Where
a person with disabilities who receives vocational rehabilitation services is
entitled to recover damages for said injuries, the Division of Rehabilitation
Services shall have a lien, in an amount not to exceed the cost of
rehabilitation services rendered and including the cost of collection and
reasonable attorney's fees, 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 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; 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
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 $10.00 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.
50-8-265.
The
division 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 is authorized to offer for
sale any items acquired in the operation of the program under this article 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
Treasury and Fiscal Services; and any funds received by the division 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 article.
50-8-266.
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.
50-8-267.
Employees
of the department engaged in functions under this article 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.
50-8-268.
The
General Assembly reserves the right to amend or repeal all or any part of this
article 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 article or by acts done pursuant thereto shall exist subject
to the power of the legislature to amend or repeal this article at any
time.
50-8-269.
(a)
The Division of Rehabilitation Services of the Department of Community Affairs
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 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 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 staff on such
services and techniques required pursuant to subsection (a) of this Code
section.
50-8-270.
(a)
As used in this Code section, 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, such term 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.
(b)
To effectuate the purposes of this Code section, it is declared to be public
policy of the state that on any state property where the commissioner determines
it to be feasible to establish a vending facility to be operated by a licensed
operator as provided in this Code section and where the agency 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 Code section shall require that such
vending facility site not be deemed available for letting to competitive bidders
for revenue-producing purposes unless the commissioner declines to establish on
such site a vending facility for blind persons or other persons with
disabilities. The income to the agency 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.
(c)
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 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 as provided in this Code section; and the
head of each agency in control of the maintenance, operation, and protection of
state property shall, after consultation with the commissioner, 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
agencies or adversely affecting the interests of the
state."
SECTION
3.
Code
Section 45-18-5.1 of the Official Code of Georgia Annotated, relating to
licensed blind or otherwise seriously disabled vendors, is amended as
follows:
"45-18-5.1.
The
Department of Labor 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, 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
Code Section
50-8-270 within any health insurance plan
or plans established under this article. 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 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, the commissioner 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
4.
Code
Section 50-16-4 of the Official Code of Georgia Annotated, relating to use and
keeper of capitol buildings and grounds, is amended 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
Code Section
50-8-270, for the use of state officials
and employees and their invited guests."
SECTION
5.
This
Act shall become effective on July 1, 2010.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.
