Bill Text: GA HB831 | 2011-2012 | Regular Session | Introduced
Bill Title: Human Services, Department of; include Division of Rehabilitation Services
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2012-02-07 - House Committee Favorably Reported [HB831 Detail]
Download: Georgia-2011-HB831-Introduced.html
12 LC
36 2009-EC
House
Bill 831
By:
Representatives McCall of the
30th,
Collins of the
27th,
Hatchett of the
143rd,
and Carter of the
175th
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 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 Department of Human Services; 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 Division of
Rehabilitation Services of the Department of Human Services; 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 commissioner of human services and the Department of Human
Services; to provide for the director of the division of Rehabilitation Services
and the duties, functions, and compensation 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 Department of Human
Services; 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.
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)
'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 Labor
commissioner
of human services.
(3)
'Department' means the
Department
of Labor
Department of
Human Services.
(4)
'Director' means the official of the division who is charged with the
administration of its functions under this chapter.
(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
Department of
Human Services.
(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
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.
34-15-2
49-9-2.
(a)
The Division of Rehabilitation Services within the
Department
of Human Resources (now known as the Department of Human
Services)
Department of
Labor, including the disability
adjudication section and the Roosevelt Warm Springs Institute for
Rehabilitation, is transferred to the
Department
of Labor on July 1, 2001
Department of
Human Services on July 1, 2012, and that
division shall become the Division of Rehabilitation Services of the
Department
of Labor on July 1, 2001
Department of
Human Services on July 1, 2012. 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
Department of
Labor on June 30, 2012, are vested in the
Department
of Labor effective July 1, 2001
Department of
Human Services effective July 1, 2012.
The division shall be administered by a director appointed by the
Commissioner
commissioner.
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
commissioner
of human services effective July 1,
2012.
(b)
The
Department
of Labor shall, from July 1, 2001,
Department of
Human Services 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
Department of
Human Services on July 1,
2012.
(c)
The
Department
of Human Resources
Department of
Labor shall calculate, in consultation
with the
Department
of Labor
Department of
Human Services, 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
Department of
Human Services 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
Department of
Labor pertaining to the division, between
May 1,
2000, and July 1, 2001
April 1, 2012,
and July 1, 2012, shall be made in
consultation with the
Commissioner
of Labor
commissioner
of human services. In addition, on and
after May
1, 2000, the Department of Human Resources
April 1, 2012,
the Department of Labor shall make
available to the
Department
of Labor
Department of
Human Services all records and information
of the
Department
of Human Resources
Department of
Labor 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
Department of
Human Services.
(d)
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
Department of
Human Services on July 1, 2012, by this
chapter, shall be automatically transferred to the
Department
of Labor on July 1, 2001
Department of
Human Services 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
Department of
Human Services 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
Department of
Human Services 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
Department of
Human Services 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
Department of
Human Services. 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)
The Division of Rehabilitation Services of the
Department
of Labor
Department of
Human Services is the designated state
unit for the vocational rehabilitation program.
(2)
The Division of Rehabilitation Services of the
Department
of Labor
Department of
Human Services shall conform to federal
standards in all respects necessary for receiving federal grants and the
Commissioner
of the Department of Labor
commissioner
of human services 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 of Rehabilitation Services of the
Department
of Labor
Department of
Human Services 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
chapter. The division is also authorized to contract for such professional
services as may be necessary.
(4)
Classified employees of the Division of Rehabilitation Services of the
Department
of Labor
Department of
Human Services 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)
The
Department
of Labor
Department of
Human Services 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)
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
Department of
Human Services by this chapter 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
of Labor
Department of
Human Services. In all such instances,
the
Department
of Labor
Department of
Human Services shall be substituted for
the
Department
of Human Resources
Department of
Labor or the Division of Rehabilitation
Services, and the
Department
of Labor
Department of
Human Services shall succeed to the rights
and duties under such contracts, leases, agreements, and other
transactions.
(h)
The Division of Rehabilitation Services of the
Department
of Labor
Department of
Human Services shall conform all service
delivery regions to the state service delivery regions provided in subsection
(a) of Code Section 50-4-7.
34-15-3.
49-9-3.
In
carrying out his or her duties under this chapter, the director of the Division
of Rehabilitation Services of the
Department
of Labor
Department of
Human Services:
(1)
Shall, with the approval of the
Commissioner
commissioner,
prepare such regulations for promulgation by the
Commissioner
commissioner
as he or she finds necessary to carry out the purposes of this
chapter;
(2)
Shall, with the approval of the
Commissioner
commissioner,
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;
(3)
Shall recommend to the
Commissioner
commissioner
for appointment such personnel as he or she deems necessary for the efficient
performance of the functions of the division;
(4)
Shall prepare and submit to the
Commissioner
commissioner
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
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 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.
34-15-4.
49-9-4.
The
department, through the division, 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 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.
49-9-5.
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.
34-15-6.
49-9-6.
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 chapter. 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 chapter, and to do all things necessary to ensure
the vocational rehabilitation of persons with disabilities.
34-15-7.
49-9-7.
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.
49-9-8.
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
commissioner
and, upon approval by the
Commissioner
commissioner,
shall be included in the estimates made by the
Commissioner
commissioner
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 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
commissioner
shall include as a part of his or her budget a request for adequate state funds
for vocational rehabilitation purposes.
34-15-9.
49-9-9.
The
director is authorized and empowered, with the approval of the
Commissioner
commissioner,
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.
49-9-10.
(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.
49-9-11.
The
Division of Rehabilitation Services of the
Department
of Labor
Department of
Human Services 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.
34-15-12.
49-9-12.
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 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.
49-9-13.
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.
49-9-14.
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 of Rehabilitation Services,
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 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.
49-9-15.
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, 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 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; 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 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.
49-9-16.
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
commissioner
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 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.
49-9-17.
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.
49-9-18.
Employees
of the department 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.
49-9-19.
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.
49-9-20.
(a)
The Division of Rehabilitation Services of the
Department
of Labor
Department of
Human Services 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 of
Rehabilitation Services 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. 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.
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.
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
commissioner
of human services 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
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.
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
Department of
Human Services 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
Department of
Human Services 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
commissioner
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 "Division of Rehabilitation of Services of the Department of Human
Services":
(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
Department of
Human Services.
(b)
The
Department
of Labor
Department of
Human Services is authorized to provide
the property necessary for the industries. The
Department
of Labor
Department of
Human Services may acquire real property
through the State Properties Commission pursuant to Code Section 50-16-38 or the
department 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
Department of
Human Services is authorized and directed
to pay such compensation from the funds appropriated to and available for the
department."
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
Department of
Human Services 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
Department of
Human Services, 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
Department of
Human Services 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
Department of
Human Services, 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
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 upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.
