| HB 172 - Div of Rehabilitation Service; transfer from DHR to Labor Dept |
First Reader Summary
A BILL 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 from the
Department of Human Resources to the Department of Labor; and for
other purposes.
| House |
Action |
Senate |
| 1/25/99 |
Read 1st Time |
3/3/99 |
| 1/26/99 |
Read 2nd Time |
3/22/99 |
| 2/17/99 |
Favorably Reported |
2/9/00 |
| Sub |
Committee Amend/Sub |
Sub |
|
Recommitted |
1/10/00 |
| 3/2/99 |
Read 3rd Time |
1/10/00 |
| 3/2/99 |
Passed/Adopted |
2/23/00 |
| FS |
Comm/Floor Amend/Sub |
CS |
| 3/9/00 |
Amend/Sub Disagreed To |
|
| 3/15/00 |
Insists |
3/15/00 |
| 3/15/00 |
Conf Comm Appointed |
3/20/00 |
| 3/22/00 |
Conf Comm Rep Adopted |
3/22/00 |
| 4/6/00 |
Sent to Governor |
|
| 5/1/00 |
Signed by Governor |
|
| 751 |
Act/Veto Number |
|
| 5/1/00 |
Effective Date |
|
HB 172 HB 172/AP
H. B. No. 172 (AS PASSED HOUSE AND SENATE)
By: Representatives Coleman of the 142nd, Childers of the
13th, Sinkfield of the 57th, Dixon of the 168th, Powell of
the 23rd and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 34 of the Official Code of Georgia Annotated,
1- 2 relating to labor and industrial relations, so as to
1- 3 transfer the Division of Rehabilitation Services, including
1- 4 but not limited to the disability adjudication section and
1- 5 the Roosevelt Warm Springs Institute for Rehabilitation,
1- 6 from the Department of Human Resources to the Department of
1- 7 Labor; to provide for definitions; to provide for the
1- 8 transfer of programs, institutions, and property; to provide
1- 9 for the transfer of funds, positions, officers, employees,
1-10 agents, and other personnel and for rights and benefits
1-11 relating thereto; to provide for consultations regarding
1-12 certain changes and provide for availability of records and
1-13 information; to provide for powers, duties, and functions of
1-14 the Division of Rehabilitation Services of the Department of
1-15 Labor; to provide for responsibility for accrued
1-16 compensatory time; to provide for service delivery regions;
1-17 to provide for rules and regulations, policies, and orders
1-18 and for rights and duties under certain agreements; to
1-19 provide for duties, powers, and functions of the
1-20 Commissioner of Labor and the Department of Labor; to
1-21 provide for the director of the Division of Rehabilitation
1-22 Services and the duties, functions, and compensation
1-23 thereof; to provide for funding, agreements, budgeting, and
1-24 appropriations; to provide for gifts; to provide for
1-25 rehabilitation services and financial assistance; to provide
1-26 for hearings and administrative procedure; to provide for
1-27 rights and for subrogation and liens; to provide for
1-28 property and its disposition; to prohibit certain conduct
1-29 and provide for penalties; to provide for amendments and
1-30 repeal and rights relating thereto; to provide for vending
1-31 facilities for certain persons with disabilities; to amend
1-32 Chapter 2 of Title 30 of the Official Code of Georgia
1-33 Annotated, relating to the Georgia Industries for the Blind,
1-34 so as to transfer the direction and supervision of such
1-35 industries to the Department of Labor; to provide for
1-36 property and reserve funds of such industries; to provide
1-37 for compensation of workers in such industries; to
-1-
2- 1 specifically repeal certain laws and change and correct
2- 2 cross-references to certain laws and to the Division of
2- 3 Rehabilitation Services; to substitute "persons with
2- 4 disabilities" for certain terms; to provide for effective
2- 5 dates; to repeal conflicting laws; and for other purposes.
2- 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2- 7 SECTION 1.
2- 8 Title 34 of the Official Code of Georgia Annotated, relating
2- 9 to labor and industrial relations, is amended by adding at
2-10 the end a new chapter to read as follows:
2-11 34-15-1.
2-12 As used in this chapter, the term or terms:
2-13 (1) 'Blind person' means a person who has:
2-14 (A) Not more than 20/200 central visual acuity in the
2-15 better eye after correction; or
2-16 (B) An equally disabling loss of the visual field.
2-17 (2) 'Commissioner' means the Commissioner of Labor.
2-18 (3) 'Department' means the Department of Labor.
2-19 (4) 'Director' means the official of the division who is
2-20 charged with the administration of its functions under
2-21 this chapter.
2-22 (5) 'Disability to employment' means a physical or
2-23 mental condition which constitutes, contributes to, or,
2-24 if not corrected, will probably result in an impairment
2-25 of occupational performance.
2-26 (6) 'Division' means the Division of Rehabilitation
2-27 Services of the Department of Labor.
2-28 (7) 'Occupational license' means any license, permit, or
2-29 other written authority required by any governmental
2-30 unit to be obtained in order to engage in an occupation.
2-31 (8) 'Person with disabilities' means an individual
2-32 having a physical or mental impairment that
2-33 substantially limits one or more of the major life
2-34 activities.
-2-
3- 1 (9) 'Prosthetic appliance' means any artificial device
3- 2 necessary to support or take the place of a part of the
3- 3 body or to increase the acuity of a sense organ.
3- 4 (10) 'Regulations' means regulations made by the
3- 5 Commissioner and promulgated in the manner prescribed by
3- 6 law.
3- 7 (11) 'Rehabilitation center' means a facility operated
3- 8 for the purpose of assisting in the rehabilitation of
3- 9 persons with disabilities which provides one or more of
3-10 the following types of services:
3-11 (A) Testing, fitting, or training in the use of
3-12 prosthetic devices;
3-13 (B) Prevocational or conditioning therapy;
3-14 (C) Physical, corrective, or occupational therapy; or
3-15 (D) Adjustment training or evaluation or control of
3-16 special disabilities; or a facility in which a
3-17 coordinated approach is made to the physical, mental,
3-18 and vocational evaluation of persons with disabilities
3-19 and an integrated program of physical restoration and
3-20 relating training is provided under competent
3-21 professional supervision and direction.
3-22 (12) 'Rehabilitation training' means all necessary
3-23 training provided to a person with disabilities to
3-24 compensate for his or her disability to employment,
3-25 including, but not limited to, manual preconditioning,
3-26 relating, vocational, and supplementary training and
3-27 training provided for the purpose of developing
3-28 occupational skills and capacities.
3-29 (13) 'Vocational rehabilitation' and 'vocational
3-30 rehabilitation services' mean any service, provided
3-31 directly or through public or private instrumentalities,
3-32 found by the director to be necessary to compensate a
3-33 person with disabilities for his or her disability to
3-34 employment and to enable such individual to engage in a
3-35 remunerative occupation.
3-36 (14) 'Workshop' means a place where any manufacture or
3-37 handwork is carried on and which is operated for the
3-38 primary purpose of providing rehabilitative activities,
3-39 including the use of monetary rewards as an incentive
3-40 practice for persons with disabilities unable to engage
3-41 in the competitive labor market. Persons receiving
-3-
4- 1 services in workshops shall not be considered as
4- 2 employees of the state for workers' compensation,
4- 3 retirement, or any other purposes.
4- 4 34-15-2.
4- 5 (a) The Division of Rehabilitation Services within the
4- 6 Department of Human Resources, including the disability
4- 7 adjudication section and the Roosevelt Warm Springs
4- 8 Institute for Rehabilitation, is transferred to the
4- 9 Department of Labor on July 1, 2001, and that division
4-10 shall become the Division of Rehabilitation Services of
4-11 the Department of Labor on July 1, 2001. The functions,
4-12 duties, programs, institutions, and authority of the
4-13 Division of Rehabilitation Services which were vested in
4-14 the Department of Human Resources on June 30, 2001, are
4-15 vested in the Department of Labor effective July 1, 2001.
4-16 The division shall be administered by a director appointed
4-17 by the Commissioner. The policy-making functions which
4-18 were vested in the Board of Human Resources or the
4-19 Department of Human Resources pertaining to the Division
4-20 of Rehabilitation Services are vested in the Commissioner
4-21 of Labor effective July 1, 2001.
4-22 (b) The Department of Labor shall, from July 1, 2001,
4-23 assume possession and control of all records, papers,
4-24 equipment, supplies, office space, and all other tangible
4-25 property possessed and controlled by the Department of
4-26 Human Resources as of June 30, 2001, in the Department of
4-27 Human Resources' administration of the Division of
4-28 Rehabilitation Services. All funds attributable to the
4-29 Division of Rehabilitation Services and its programs and
4-30 institutions from state, federal, and any other public or
4-31 private source, shall be transferred to the Department of
4-32 Labor on July 1, 2001.
4-33 (c) The Department of Human Resources shall calculate, in
4-34 consultation with the Department of Labor, the amount of
4-35 all funds of or attributable to the Division of
4-36 Rehabilitation Services and its programs and institutions
4-37 from any source that are used to provide administrative or
4-38 other services within the Department of Human Resources,
4-39 including funds from the disability adjudication section,
4-40 the cost allocation system, and any indirect costs funding
4-41 from the federal government or any other source. The
4-42 amount calculated shall be transferred to the Department
4-43 of Labor on July 1, 2001. Any changes or amendments made
4-44 to the structure or placement of division programs and
-4-
5- 1 institutions, the allocation and expenditure of division
5- 2 funds, division rules, regulations, policies and
5- 3 procedures, or the administrative orders of the Department
5- 4 of Human Resources pertaining to the division, between the
5- 5 date this subsection becomes effective and July 1, 2001,
5- 6 shall be made in consultation with the Commissioner of
5- 7 Labor. In addition, on and after this subsection becomes
5- 8 effective, the Department of Human Resources shall make
5- 9 available to the Department of Labor all records and
5-10 information of the Department of Human Resources and the
5-11 Division of Rehabilitation Services which relate to the
5-12 functions, duties, and administration of the division, to
5-13 assist in the orderly transfer of the division to the
5-14 Department of Labor.
5-15 (d) All officers, employees, and agents of the Division of
5-16 Rehabilitation Services who, on June 30, 2001, are engaged
5-17 in the performance of a function or duty which shall be
5-18 vested in the Division of Rehabilitation Services of the
5-19 Department of Labor on July 1, 2001, by this chapter,
5-20 shall be automatically transferred to the Department of
5-21 Labor on July 1, 2001. An equivalent number of positions
5-22 or funds of the Department of Human Resources which
5-23 provide administrative support to the Division of
5-24 Rehabilitation Services shall be transferred to the
5-25 Department of Labor on July 1, 2001. Such persons shall
5-26 be subject to the employment practices and policies of the
5-27 Department of Labor on and after July 1, 2001, but
5-28 consistent with the compensation and benefits of other
5-29 employees of that department holding positions
5-30 substantially the same as the transferred employees, the
5-31 compensation and benefits of such transferred employees
5-32 shall not be reduced. Employees who are subject to the
5-33 State Merit System of Personnel Administration and who are
5-34 transferred to the Division of Rehabilitation Services of
5-35 the Department of Labor shall retain all existing rights
5-36 under the State Merit System of Personnel Administration.
5-37 Retirement rights of such transferred employees existing
5-38 under the Employees' Retirement System of Georgia or other
5-39 public retirement systems on June 30, 2001, shall not be
5-40 impaired or interrupted by the transfer of such employees,
5-41 and membership in any such retirement system shall
5-42 continue in the same status possessed by the transferred
5-43 employees on June 30, 2001. Accrued annual and sick leave
5-44 shall be retained by said employees as employees of the
5-45 Department of Labor. The Department of Human Resources
-5-
6- 1 shall be responsible for payment of the accrued Fair Labor
6- 2 Standards Act compensatory time possessed by said
6- 3 employees. Such accrued compensatory time shall be used
6- 4 by or paid to said employees prior to July 1, 2001.
6- 5 (e)(1) The Division of Rehabilitation Services of the
6- 6 Department of Labor is the designated state unit for the
6- 7 vocational rehabilitation program.
6- 8 (2) The Division of Rehabilitation Services of the
6- 9 Department of Labor shall conform to federal standards
6-10 in all respects necessary for receiving federal grants
6-11 and the Commissioner of the Department of Labor is
6-12 authorized and empowered to effect such changes as may,
6-13 from time to time, be necessary in order to comply with
6-14 such standards.
6-15 (3) The Division of Rehabilitation Services of the
6-16 Department of Labor is authorized to employ, on a full
6-17 or part-time basis, such medical, psychiatric, social
6-18 work, supervisory, institutional, and other professional
6-19 personnel and such clerical and other employees as may
6-20 be necessary to discharge the duties of the division
6-21 under this chapter. The division is also authorized to
6-22 contract for such professional services as may be
6-23 necessary.
6-24 (4) Classified employees of the Division of
6-25 Rehabilitation Services of the Department of Labor under
6-26 this chapter shall in all instances be employed and
6-27 dismissed in accordance with rules and regulations of
6-28 the State Merit System of Personnel Administration.
6-29 (5) All personnel of the Division of Rehabilitation
6-30 Services of the Department of Labor are authorized to be
6-31 members of the Employees' Retirement System of Georgia
6-32 as provided in Chapter 2 of Title 47. All rights,
6-33 credits, and funds in that retirement system which are
6-34 possessed by state personnel transferred by provisions
6-35 of this chapter to the Department of Labor, or otherwise
6-36 had by persons at the time of employment with that
6-37 department, are continued and preserved, it being the
6-38 intention of the General Assembly that such persons
6-39 shall not lose any rights, credits, or funds to which
6-40 they may be entitled prior to becoming employees of the
6-41 Division of Rehabilitation Services of the Department of
6-42 Labor.
-6-
7- 1 (f) The Department of Labor shall succeed to all rules,
7- 2 regulations, policies, procedures, and administrative
7- 3 orders of the Department of Human Resources which are in
7- 4 effect on June 30, 2001, and which relate to the functions
7- 5 of the Division of Rehabilitation Services. Such rules,
7- 6 regulations, policies, procedures, and administrative
7- 7 orders shall remain in effect until amended, repealed,
7- 8 superseded, or nullified by proper authority or as
7- 9 otherwise provided by law.
7-10 (g) The rights, privileges, entitlements, and duties of
7-11 parties to contracts, leases, agreements, and other
7-12 transactions entered into before July 1, 2001, by the
7-13 Department of Human Resources or the Division of
7-14 Rehabilitation Services pertaining to the Division of
7-15 Rehabilitation Services transferred to the Department of
7-16 Labor by this chapter shall continue to exist; and none of
7-17 these rights, privileges, entitlements, and duties are
7-18 impaired or diminished by reason of the transfer of the
7-19 functions to the Department of Labor. In all such
7-20 instances, the Department of Labor shall be substituted
7-21 for the Department of Human Resources or the Division of
7-22 Rehabilitation Services, and the Department of Labor shall
7-23 succeed to the rights and duties under such contracts,
7-24 leases, agreements, and other transactions.
7-25 (h) The Division of Rehabilitation Services of the
7-26 Department of Labor shall conform all service delivery
7-27 regions to the state service delivery regions provided in
7-28 subsection (a) of Code Section 50-4-7.
7-29 34-15-3.
7-30 In carrying out his or her duties under this chapter, the
7-31 director of the Division of Rehabilitation Services of the
7-32 Department of Labor:
7-33 (1) Shall, with the approval of the Commissioner,
7-34 prepare such regulations for promulgation by the
7-35 Commissioner as he or she finds necessary to carry out
7-36 the purposes of this chapter;
7-37 (2) Shall, with the approval of the Commissioner,
7-38 prepare such policies and procedures as he or she finds
7-39 necessary for the purposes of this chapter and establish
7-40 appropriate subordinate administrative units within the
7-41 division;
-7-
8- 1 (3) Shall recommend to the Commissioner for appointment
8- 2 such personnel as he or she deems necessary for the
8- 3 efficient performance of the functions of the division;
8- 4 (4) Shall prepare and submit to the Commissioner annual
8- 5 reports of activities and expenditures and, prior to
8- 6 each regular session of the General Assembly, estimates
8- 7 of sums required for carrying out this chapter and
8- 8 estimates of the amounts to be made available for this
8- 9 purpose from all sources;
8-10 (5) Shall make certification for disbursement, in
8-11 accordance with regulations, of funds available for
8-12 carrying out the purposes of this chapter;
8-13 (6) May, with the approval of the Commissioner, delegate
8-14 to any officer or employee of the division such of his
8-15 or her powers and duties, except the making of
8-16 regulations and the appointment of personnel, as he or
8-17 she finds necessary to carry out the purposes of this
8-18 chapter; and
8-19 (7) Is designated as the administrator of a program
8-20 provided under Section 221 of the federal Social
8-21 Security Act, relating to disability adjudication
8-22 services. The director shall receive, notwithstanding
8-23 any other provision of law and in addition to his or her
8-24 regular compensation, such compensation and allowance as
8-25 may be augmented from grants by the appropriate federal
8-26 agency in such amount as is determined by the federal
8-27 agency to be commensurate with the duties imposed by
8-28 Section 221 of the federal Social Security Act.
8-29 34-15-4.
8-30 The department, through the division, shall provide the
8-31 services authorized by this chapter to persons with
8-32 disabilities determined to be eligible therefor; and, in
8-33 carrying out the purposes of this chapter, the division is
8-34 authorized, among other things:
8-35 (1) To cooperate with other departments, agencies, and
8-36 institutions, both public and private, in providing the
8-37 services authorized by this chapter to persons with
8-38 disabilities; in studying the problems involved therein;
8-39 and in establishing, developing, and providing, in
8-40 conformity with the purposes of this chapter, such
8-41 programs, facilities, and services as may be necessary
8-42 or desirable;
-8-
9- 1 (2) To enter into reciprocal agreements with other
9- 2 states to provide for the services authorized by this
9- 3 chapter to residents of the state concerned;
9- 4 (3) To conduct research and compile statistics relating
9- 5 to the provision of services or the need of services by
9- 6 persons with disabilities;
9- 7 (4) To license blind persons or other persons with
9- 8 disabilities to operate vending facilities under its
9- 9 supervision and control, subject to the terms and
9-10 conditions provided in regulations, policies, and
9-11 procedures issued pursuant to paragraphs (1) and (2) of
9-12 Code Section 34-15-3, on:
9-13 (A) State property;
9-14 (B) County or municipal property;
9-15 (C) Federal property, pursuant to delegation of
9-16 authority under the Randolph-Sheppard Act (20 U.S.
9-17 Code, Section 107b) (49 Stat. 1559) and any amendment
9-18 thereto or any act of Congress relating to this
9-19 subject; and
9-20 (D) Private property; and
9-21 (5) To provide for the establishment, supervision, and
9-22 control of suitable business enterprises to be operated
9-23 by persons with disabilities.
9-24 34-15-5.
9-25 The Division of Rehabilitation Services is authorized to
9-26 utilize funds made available from appropriations by
9-27 Congress, by gifts or grants from private sources, by
9-28 appropriations of the General Assembly, or by transfer of
9-29 funds from other state departments for the purpose of
9-30 establishing and operating rehabilitation centers and
9-31 workshops.
9-32 34-15-6.
9-33 The department, through the division, is empowered and
9-34 directed to cooperate, pursuant to agreements with the
9-35 federal government, in carrying out the purposes of any
9-36 federal statutes pertaining to the purposes of this
9-37 chapter. The department is authorized to adopt such
9-38 methods of administration as are found by the federal
9-39 government to be necessary for the proper and efficient
9-40 operation of such agreements and to comply with such
-9-
10- 1 conditions as may be necessary to secure the full benefits
10- 2 of such federal statutes and appropriations, to administer
10- 3 any legislation pursuant thereto enacted by this state, to
10- 4 direct the disbursement and administer the use of all
10- 5 funds provided by the federal government or this state for
10- 6 the purposes of this chapter, and to do all things
10- 7 necessary to ensure the vocational rehabilitation of
10- 8 persons with disabilities.
10- 9 34-15-7.
10-10 The Office of Treasury and Fiscal Services is designated
10-11 as custodian of all moneys received from the federal
10-12 government for the purpose of carrying out any federal
10-13 statutes pertaining to the purpose of this chapter. The
10-14 Office of Treasury and Fiscal Services shall make
10-15 disbursements from such funds and all state funds
10-16 available for such purposes, upon certification in the
10-17 manner provided in paragraph (5) of Code Section 34-15-3.
10-18 34-15-8.
10-19 Budget estimates of the amount of appropriations needed
10-20 each fiscal year for vocational rehabilitation services
10-21 and for the administration of the programs under this
10-22 chapter shall be submitted by the director to the
10-23 Commissioner and, upon approval by the Commissioner, shall
10-24 be included in the estimates made by the Commissioner to
10-25 the Office of Planning and Budget. In the event federal
10-26 funds are available to the state for vocational
10-27 rehabilitation purposes, the Division of Rehabilitation
10-28 Services is authorized to comply with such requirements as
10-29 may be necessary to obtain said federal funds in the
10-30 maximum amount and most advantageous proportion possible
10-31 insofar as this may be done without violating other
10-32 provisions of the state law and Constitution. In the
10-33 event Congress fails in any year to appropriate funds for
10-34 grants-in-aid to the state for vocational rehabilitation
10-35 purposes, the Commissioner shall include as a part of his
10-36 or her budget a request for adequate state funds for
10-37 vocational rehabilitation purposes.
10-38 34-15-9.
10-39 The director is authorized and empowered, with the
10-40 approval of the Commissioner, to accept and use gifts made
10-41 unconditionally, by will or otherwise, for carrying out
10-42 the purposes of this chapter. Gifts made under such
10-43 conditions as are proper and consistent with this chapter
-10-
11- 1 may be so accepted and shall be held, invested,
11- 2 reinvested, and used in accordance with the conditions of
11- 3 the gift.
11- 4 34-15-10.
11- 5 (a) Vocational rehabilitation services shall be provided
11- 6 to any qualified individual who is a bona fide resident of
11- 7 the state.
11- 8 (b) The financial need of eligible persons with
11- 9 disabilities will be considered in the provision of
11-10 vocational rehabilitation services to the extent allowed
11-11 by federal or other state law.
11-12 34-15-11.
11-13 The Division of Rehabilitation Services of the Department
11-14 of Labor is the designated state unit for the independent
11-15 living program. The independent living program is
11-16 authorized to provide or contract for the provision of
11-17 such services as may be needed to enable persons with
11-18 disabilities to attain the maximum degree of independent
11-19 living. The powers delegated and authorized in this Code
11-20 section for the division shall be in addition to those
11-21 previously authorized by any other law. The department is
11-22 authorized to cooperate with any federal agency in the
11-23 administration of such a program.
11-24 34-15-12.
11-25 Any individual applying for or receiving vocational
11-26 rehabilitation services who is aggrieved by any action or
11-27 inaction of the division shall be entitled, in accordance
11-28 with regulations, to a hearing in accordance with Chapter
11-29 13 of Title 50, the 'Georgia Administrative Procedure Act'
11-30 and in accordance with applicable federal laws and
11-31 regulations.
11-32 34-15-13.
11-33 Any rights of persons with disabilities to maintenance
11-34 under this chapter shall not be transferable or assignable
11-35 at law or in equity and shall be exempt from the claims of
11-36 creditors.
11-37 34-15-14.
11-38 Where a person with disabilities who receives vocational
11-39 rehabilitation services is covered by a hospitalization or
11-40 medical insurance policy, the Division of Rehabilitation
-11-
12- 1 Services shall be subrogated to the rights of such person
12- 2 with disabilities to recover in an amount not to exceed
12- 3 the cost of vocational rehabilitation services rendered by
12- 4 the Division of Rehabilitation Services, exclusive of
12- 5 those services for which eligibility is not predicated on
12- 6 the need for financial assistance. Where the person with
12- 7 disabilities receives vocational rehabilitation services
12- 8 without disclosing that he or she is covered by a
12- 9 hospitalization or medical insurance policy, he or she
12-10 shall be liable therefor to the Division of Rehabilitation
12-11 Services in an amount not to exceed the cost of
12-12 rehabilitation services rendered, exclusive of those
12-13 services for which eligibility is not predicated on the
12-14 need for financial assistance, or in an amount not to
12-15 exceed the insurance reimbursement received, whichever is
12-16 the lesser.
12-17 34-15-15.
12-18 Where a person with disabilities who receives vocational
12-19 rehabilitation services is entitled to recover damages for
12-20 said injuries, the Division of Rehabilitation Services
12-21 shall have a lien, in an amount not to exceed the cost of
12-22 rehabilitation services rendered, upon any and all causes
12-23 of action accruing to the individual to whom such services
12-24 were furnished, or to the legal representative of such
12-25 individual, on account of injuries giving rise to such
12-26 cause of action and which necessitated such rehabilitation
12-27 services, subject, however, to any attorney's lien. In
12-28 order to perfect such lien, the Division of Rehabilitation
12-29 Services shall file in the office of the clerk of the
12-30 superior court of the county wherein the individual
12-31 resides, a verified statement setting forth the name and
12-32 address of such individual; the name and address of the
12-33 Division of Rehabilitation Services; the amount claimed to
12-34 be due for such vocational rehabilitation services; and,
12-35 to the best of claimant's knowledge, the names and
12-36 addresses of all persons, firms, or corporations claimed
12-37 by such injured individual, or the legal representative of
12-38 such individual, to be liable for damages arising from
12-39 such injuries. The Division of Rehabilitation Services
12-40 shall also, within one day after the filing of such claim
12-41 or lien, mail a copy thereof to any person, firm, or
12-42 corporation so claimed to be liable for such damages to
12-43 the addresses as given in such statement. The filing of
12-44 such claim or lien shall be notice thereof to all persons,
12-45 firms, or corporations liable for such damages, whether or
-12-
13- 1 not they are named in such claim or lien. The clerk of
13- 2 the court shall endorse thereon the date and hour of
13- 3 filing in the hospital lien book, along with the name of
13- 4 the claimant, the injured person, the amount claimed, and
13- 5 the names and addresses of those claimed to be liable for
13- 6 damages. Such information shall be recorded in the name of
13- 7 the injured individual. The clerk shall be paid $1.00 as
13- 8 his fee for such filing. No release for such cause or
13- 9 causes of action or any judgment thereon, or any covenant
13-10 not to sue thereon, shall be valid or effectual as against
13-11 such lien unless the holder thereof shall join therein or
13-12 execute a release of such lien; and the claimant of such
13-13 lien may enforce the lien by an action against the person,
13-14 firm, or corporation liable for such damages.
13-15 34-15-16.
13-16 The division is authorized to retain title to any
13-17 property, tools, instruments, training supplies,
13-18 equipment, or other items of value acquired for use of
13-19 persons with disabilities and to repossess and transfer
13-20 them for the use of other persons with disabilities. The
13-21 Commissioner is authorized to offer for sale any items
13-22 acquired in the operation of the program under this
13-23 chapter when they are no longer necessary or to exchange
13-24 them for necessary items which may be used to greater
13-25 advantage. When any such surplus equipment is sold or
13-26 exchanged, a receipt for it shall be taken from the
13-27 purchaser showing the consideration given for such
13-28 equipment and shall be forwarded to the Office of Treasury
13-29 and Fiscal Services; and any funds received by the
13-30 division pursuant to any such transactions shall be
13-31 deposited in the state treasury in the appropriate federal
13-32 or state rehabilitation account and shall be available for
13-33 expenditures for any purposes consistent with this
13-34 chapter.
13-35 34-15-17.
13-36 It shall be unlawful, except for purposes directly
13-37 connected with the administration of the vocational
13-38 rehabilitation program and in accordance with regulations,
13-39 policies, and procedures, for any person or persons to
13-40 solicit, disclose, receive, or make use of or authorize,
13-41 knowingly permit, participate in, or acquiesce in the use
13-42 of any list of, or names of, or any information concerning
13-43 persons applying for or receiving vocational
13-44 rehabilitation, directly or indirectly derived from the
-13-
14- 1 records. Any person who violates any provision of this
14- 2 Code section shall be guilty of a misdemeanor.
14- 3 34-15-18.
14- 4 Employees of the department engaged in functions under
14- 5 this chapter shall be governed by the prohibitions in the
14- 6 rules and regulations of the State Personnel Board and the
14- 7 federal Office of Personnel Management from participation
14- 8 in political activity.
14- 9 34-15-19.
14-10 The General Assembly reserves the right to amend or repeal
14-11 all or any part of this chapter at any time, and there
14-12 shall be no vested private right of any kind against such
14-13 amendment or repeal. All the rights, privileges, or
14-14 immunities conferred by this chapter or by acts done
14-15 pursuant thereto shall exist subject to the power of the
14-16 legislature to amend or repeal this chapter at any time.
14-17 34-15-40.
14-18 As used in this article, the term:
14-19 (1) 'State property' means any building, land, or other
14-20 real property owned, leased, or occupied by any
14-21 department, commission, board, bureau, agency, public
14-22 corporation, or other instrumentality of the state,
14-23 including, but not limited to, the Georgia Building
14-24 Authority, and any other real property in which the
14-25 state has a legal or beneficial interest; provided,
14-26 however, the term 'state property' shall not include any
14-27 property, real or personal, owned or leased or otherwise
14-28 under the jurisdiction of the Board of Regents of the
14-29 University System of Georgia, the Georgia Education
14-30 Authority (University), or any county or independent
14-31 school system of this state.
14-32 (2) 'Vending facility' means vending stands, vending
14-33 machines, snack bars, cart service, shelters, counters,
14-34 and such other appropriate facilities and equipment as
14-35 may be necessary for the sale of articles or services by
14-36 licensed blind persons or other persons with
14-37 disabilities, as prescribed by rules and regulations
14-38 adopted by the department.
-14-
15- 1 34-15-41.
15- 2 To effectuate the purposes of this article, it is declared
15- 3 to be public policy of the state that on any state
15- 4 property where the Commissioner of Labor determines it to
15- 5 be feasible to establish a vending facility to be operated
15- 6 by a licensed operator as provided in this article and
15- 7 where the agency or department or custodian of such
15- 8 property determines that such facility can be established
15- 9 without undue inconvenience to the operation being carried
15-10 on in such state building or property, the preference
15-11 accorded in this article shall require that such vending
15-12 facility site not be deemed available for letting to
15-13 competitive bidders for revenue-producing purposes unless
15-14 the Commissioner declines to establish on such site a
15-15 vending facility for blind persons or other persons with
15-16 disabilities. The income to the agency controlling the
15-17 space for such facility sites shall generally not be
15-18 expected to exceed reimbursement for the cost of providing
15-19 such facility site space and the services connected
15-20 therewith; but in any case where such income exceeds those
15-21 purposes, it shall be paid into the state treasury,
15-22 subject to certification and audit.
15-23 34-15-42.
15-24 For the purpose of providing blind persons or other
15-25 persons with disabilities with remunerative employment,
15-26 enlarging their economic opportunities, and stimulating
15-27 them to greater effort in striving to make themselves
15-28 self-supporting, such blind persons or other persons with
15-29 disabilities who are licensed by the Division of
15-30 Rehabilitation Services of the Department of Labor shall
15-31 be authorized to operate vending facilities on any state
15-32 property where such vending facilities may be properly and
15-33 satisfactorily operated by blind persons or other persons
15-34 with disabilities. In authorizing the operation of
15-35 vending facilities on state property, preference shall be
15-36 given, so far as feasible, to blind persons or other
15-37 persons with disabilities licensed by the Division of
15-38 Rehabilitation Services of the Department of Labor as
15-39 provided in this article; and the head of each department
15-40 or agency in control of the maintenance, operation, and
15-41 protection of state property shall, after consultation
15-42 with the Commissioner and with the approval of the
15-43 Governor, prescribe regulations designed to assure such
15-44 preference (including assignment of vending machine income
-15-
16- 1 to achieve and protect such preference) for such licensed
16- 2 blind persons or other persons with disabilities without
16- 3 unduly inconveniencing such departments and agencies or
16- 4 adversely affecting the interests of the state."
16- 5 SECTION 2.
16- 6 The Official Code of Georgia Annotated is amended by
16- 7 striking from the following Code sections the term "Division
16- 8 of Rehabilitation Services" wherever the same shall occur
16- 9 and inserting in its place the term "Division of
16-10 Rehabilitation Services of the Department of Labor":
16-11 (1) Code Section 15-11-37, relating to designated felony
16-12 acts;
16-13 (2) Code Section 45-18-5.2, relating to sheltered
16-14 employment center employees; and
16-15 (3) Code Section 49-4A-9, relating to sentence of
16-16 youthful offenders.
16-17 SECTION 3.
16-18 The Official Code of Georgia Annotated is amended by
16-19 striking from the following Code sections the term "Division
16-20 of Rehabilitation Services of the Department of Human
16-21 Resources" wherever the same shall occur and inserting in
16-22 its place the term "Division of Rehabilitation Services of
16-23 the Department of Labor":
16-24 (1) Code Section 15-21-143, relating to membership of
16-25 the Brain and Spinal Injury Trust Fund Authority;
16-26 (2) Code Section 30-6-4, relating to the establishment
16-27 of certain personal assistance programs;
16-28 (2.1) Code Section 30-6-5, relating to standards of
16-29 certain personal assistance programs;
16-30 (3) Code Section 31-15-3, relating to members of the
16-31 Cancer Advisory Committee;
16-32 (4) Code Section 31-16-3, relating to members of the
16-33 Kidney Disease Advisory Committee; and
16-34 (5) Code Section 31-18-4, relating to records of reports
16-35 of spinal cord disabled or head-injured persons.
16-36 SECTION 4.
16-37 Code Section 30-1-4 of the Official Code of Georgia
16-38 Annotated, relating to the Council on the Deaf, is amended
-16-
17- 1 by striking paragraphs (1) and (3) of subsection (a) thereof
17- 2 and inserting in their respective places the following:
17- 3 "(1) Four Three members shall be appointed from the
17- 4 Department of Human Resources in the following manner:
17- 5 (A) One member from the Division of Mental Health,
17- 6 Mental Retardation, and Substance Abuse;
17- 7 (B) One member from the Division of Physical Health;
17- 8 and
17- 9 (C) One member from the Division of Family and
17-10 Children Services; and (D) One member from the Division of Rehabilitation
17-12 Services;"
17-13 "(3) One member Two members shall be appointed from the
17-14 Department of Labor, one of whom shall be from the
17-15 Division of Rehabilitation Services;".
17-16 SECTION 5.
17-17 Code Section 49-5-225 of the Official Code of Georgia
17-18 Annotated, relating to local interagency committee
17-19 membership, is amended by striking paragraph (6) of
17-20 subsection (a) and inserting in its place the following:
17-21 "(6) The Rehabilitation Services Division of the
17-22 Department of Human Resources Division of Rehabilitation
17-23 Services of the Department of Labor."
17-24 SECTION 5.1.
17-25 Chapter 2 of Title 30 of the Official Code of Georgia
17-26 Annotated, relating to the Georgia Industries for the Blind,
17-27 is amended by striking Code Section 30-2-3, relating to
17-28 supervision of the Georgia Industries for the Blind, and
17-29 inserting in its place the following:
17-30 "30-2-3.
17-31 (a) The industries shall be state institutions under the
17-32 direction and supervision of the Department of Human
17-33 Resources Labor.
17-34 (b) The Department of Human Resources Labor is authorized
17-35 to provide the property necessary for the industries. The
17-36 Department of Human Resources Labor may acquire real
17-37 property through the State Properties Commission pursuant
17-38 to Code Section 50-16-38 or the department may enter into
17-39 rental agreements in order to acquire the needed space.
-17-
18- 1 The acquisition of such property is not deemed to be
18- 2 'administrative space' within the meaning of Article 2 of
18- 3 Chapter 5 of Title 50, the 'State Space Management Act of
18- 4 1976.'"
18- 5 SECTION 5.2.
18- 6 Said chapter is further amended by striking subsection (b)
18- 7 of Code Section 30-2-7, relating to compensation and
18- 8 holidays in such industries, and inserting in its place the
18- 9 following:
18-10 "(b) All workers in the industries shall observe all
18-11 holidays observed by other departments and agencies of the
18-12 state government and shall receive their proportionate
18-13 compensation for each holiday so observed. If any worker
18-14 shall be compensated in such a manner that his daily
18-15 compensation is not fixed, but rather is based upon a
18-16 production basis, he shall receive by way of compensation
18-17 for such observance of state holidays the average daily
18-18 production compensation received by him during the
18-19 immediately preceding 30 day period, holidays and Sundays
18-20 excluded. The Department of Human Resources Labor is
18-21 authorized and directed to pay such compensation from the
18-22 funds appropriated to and available for the department."
18-23 SECTION 5.3.
18-24 Said chapter is further amended by striking Code Section
18-25 30-2-9, relating to reserve funds, and inserting in its
18-26 place the following:
18-27 "30-2-9.
18-28 Surplus funds designated as reserve funds accruing at the
18-29 industries in any fiscal year shall not lapse to the state
18-30 treasury but may be reserved by the industries as working
18-31 capital. The reserve shall be cumulative but shall not
18-32 exceed the total sum of $350,000.00."
18-33 SECTION 6.
18-34 Code Section 32-2-4.1 of the Official Code of Georgia
18-35 Annotated, relating to Gateway Center, is amended by
18-36 striking subsection (e) thereof and inserting in its place
18-37 the following:
18-38 "(e) Gateway Center may be a 'welcome center, tourist
18-39 center, and safety rest area' for purposes of Code Section
18-40 49-9-42 34-15-42, and the preference given by Code
-18-
19- 1 Sections 49-9-41 34-15-41 and 49-9-42 34-15-42 shall not
19- 2 apply to or and affect Gateway Center."
19- 3 SECTION 7.
19- 4 Code Section 45-18-5.1 of the Official Code of Georgia
19- 5 Annotated, relating to health insurance for blind vendors,
19- 6 is amended by striking that Code section in its entirety and
19- 7 inserting in its place the following:
19- 8 "45-18-5.1.
19- 9 The board Department of Labor is authorized to contract
19-10 with the Georgia Cooperative Services for the Blind, Inc.,
19-11 a nominee agent designated by the Division of
19-12 Rehabilitation Services of the Department of Human
19-13 Resources Labor, for the inclusion of licensed blind
19-14 persons or otherwise seriously disabled vendors other
19-15 persons with disabilities operating a vending facility in
19-16 accordance with Article 3 of Chapter 9 15 of Title 49 34
19-17 within any health insurance plan or plans established
19-18 under this article. In the event any contract is entered
19-19 into, it shall be the duty of the Georgia Cooperative
19-20 Services for the Blind, Inc., to deduct the payment
19-21 required under the plan from the earnings or other
19-22 compensation of licensed blind persons or otherwise
19-23 seriously disabled vendors other persons with disabilities
19-24 and remit it to the board Department of Labor for
19-25 inclusion in the health insurance fund. In addition, it
19-26 shall be the duty of the Georgia Cooperative Services for
19-27 the Blind, Inc., to make the employer contributions
19-28 required for the operation of such plan or plans."
19-29 SECTION 8.
19-30 Code Section 49-4-185 of the Official Code of Georgia
19-31 Annotated, relating to sanctions against TANF recipients, is
19-32 amended by striking paragraph (3) of subsection (b) thereof
19-33 and inserting in its place the following:
19-34 "(3) Except for violations of subsection (a) of Code
19-35 Section 49-9-184 49-4-184 which result in the recipient
19-36 no longer being eligible for assistance, violates any
19-37 other term or condition specified in the federal Social
19-38 Security Act, as amended, the state plan, or the rules
19-39 and regulations of the board."
-19-
20- 1 SECTION 9.
20- 2 Code Section 50-16-4 of the Official Code of Georgia
20- 3 Annotated, relating to use of the capitol building, is
20- 4 amended by striking that Code section in its entirety and
20- 5 inserting in its place the following:
20- 6 "50-16-4.
20- 7 The use of the capitol building and grounds shall be
20- 8 limited to departments of the state government and to
20- 9 state and national political organizations, and the keeper
20-10 of public buildings and grounds shall not grant the use of
20-11 either the capitol buildings or grounds for any other
20-12 purposes, except that the Georgia Building Authority as
20-13 keeper of public buildings and grounds is authorized to
20-14 provide space in the capitol building for use as a vending
20-15 stand, as described by Article 3 of Chapter 9 15 of Title
20-16 49 34, for the use of state officials and employees and
20-17 their invited guests."
20-18 SECTION 10.
20-19 Code Section 49-2-3 of the Official Code of Georgia
20-20 Annotated, regarding certain functions transferred to the
20-21 Board of Human Resources, is amended by striking subsection
20-22 (a) thereof and inserting in its place a new subsection to
20-23 read as follows:
20-24 "(a) The policy-making functions of the State Board of
20-25 Education and its executive officer pertaining to the
20-26 Division of Rehabilitation Services, contained in Ga. L.
20-27 1951, p. 516, as amended, are vested in the Board of Human
20-28 Resources Reserved."
20-29 SECTION 11.
20-30 Code Section 49-2-7 of the Official Code of Georgia
20-31 Annotated, relating to certain functions transferred to the
20-32 Department of Human Resources, is amended by striking
20-33 subsection (d) thereof and inserting in its place a new
20-34 subsection to read as follows:
20-35 "(d) The functions, duties, and authority of the Division
20-36 of Rehabilitation Services, established in the State Board
20-37 of Education by Ga. L. 1951, p. 516, as amended, are
20-38 vested in the Department of Human Resources Reserved."
-20-
21- 1 SECTION 12.
21- 2 Title 49 of the Official Code of Georgia Annotated, relating
21- 3 to social services, is amended by striking Chapter 9
21- 4 thereof, relating to vocational rehabilitation services, and
21- 5 inserting in its place the following:
21- 6 SECTION 13.
21- 7 This section and Section 14 of this Act and subsection (c)
21- 8 of Code Section 34-15-2, as enacted by Section 1 of this
21- 9 Act, shall become effective upon the approval of this Act by
21-10 the Governor or upon its becoming law without such approval.
21-11 The remaining provisions of this Act shall become effective
21-12 July 1, 2001.
21-13 SECTION 14.
21-14 All laws and parts of laws in conflict with this Act are
21-15 repealed.
-21-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 05/04/00
