07 LC 38
0396
Senate
Bill 331
By:
Senator Thomas of the 2nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 30 of the Official Code of Georgia Annotated, relating to
handicapped persons, so as to create the Commission for the Blind and the
Visually Impaired; to provide for a short title; to provide for legislative
intent; to provide for the composition and appointment of commission members; to
provide for an executive director; to provide for duties; to provide for an
annual report; to provide for a complaint process; to specify the powers and
duties of the commission, transferring functions otherwise assigned; to provide
for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
30 of the Official Code of Georgia Annotated, relating to handicapped persons,
is amended by adding a new chapter to the end of such title to read as
follows:
"CHAPTER
11
30-11-1.
This
chapter shall be known and may be cited as the 'Commission for the Blind and the
Visually Impaired Act.'
30-11-2.
As
used in this chapter, the term:
(1)
'Blind or visually impaired' means a person:
(A)
Having a central visual acuity of 20/200 in the better eye with the best
corrective lens, or a visual field of 20 degrees or less; or
(B)
With a severe visual disability resulting in legal blindness verified by an eye
examination.
(2)
'Commission' means the Commission for the Blind and the Visually
Impaired.
30-11-3.
(a)
The purpose of this chapter is to establish and authorize a coordinated program
of services throughout this state that will be available to individuals who are
blind or visually impaired. The program shall be designed to maximize
employment opportunities for such individuals and to increase their independence
and self-sufficiency.
(b)
It is the policy of this state that all programs, projects, and activities of
the commission shall be carried out in a manner consistent with the following
principles:
(1)
Respect for individual dignity, personal responsibility, self-determination, and
pursuit of meaningful careers, based on informed choice;
(2)
Support for the involvement of an individual´s representative if an
individual requests, desires, or needs such support;
(3)
Respect for the individual´s privacy and equal access, including the use of
information in accessible formats; and
(4)
Integration and full participation of individuals who are blind or visually
impaired in society on equal terms with others.
30-11-4.
(a)
The Commission for the Blind and the Visually Impaired is hereby created. The
commission shall consist of five members appointed by the Governor and qualified
to serve based on knowledge and experience in rehabilitation and related
services for the blind or visually impaired. A majority of the members shall be
blind or visually impaired. No member of the commission shall be employed by
the commission during the term of such membership.
(b)
The Governor shall consult with consumer groups representing blind or visually
impaired persons in this state to obtain their recommendations of individuals to
be appointed.
(c)
The appointment of each member shall be for a term of three years, except for
the terms of the initially appointed members. Three of the initial
appointments shall be for terms of two years and two of the initial appointments
shall be for terms of one year as specified by the Governor. Thereafter, all
members shall be appointed for terms of three years.
(d)
The commission shall meet quarterly and at such other times as it shall
determine. The chairperson of the commission shall be elected by the members
present and voting at the first meeting of the commission and annually
thereafter. Commissioners shall receive no salary, but shall be allowed the
usual mileage, subsistence, and per diem as authorized by law. A majority of
the members of the commission shall constitute a quorum to transact
business.
(e)
The Georgia Statewide Coalition on Blindness shall be the official advisory
committee with the responsibility of reporting to the commission.
30-11-5.
(a)
The commission shall appoint an executive director with knowledge and experience
in rehabilitation and related services for the blind or visually impaired. The
executive director shall serve as secretary to the commission and shall be the
chief administrative officer of the commission. The executive director´s
appointment shall be for an indefinite period but may be terminated for cause as
determined by a majority of the commission. Preference shall be given to
employing an individual who is blind or visually impaired and meets the
qualifications specified by the commission.
(b)
The executive director shall employ such personnel as are needed and shall fix
their compensation in a manner consistent with state law.
30-11-6.
(a)
The commission shall:
(1)
Develop and carry out a state plan for vocational rehabilitation services for
individuals who are blind or visually impaired pursuant to Section 101 of the
federal Rehabilitation Act of 1973, as amended;
(2)
Provide independent living services for blind or visually impaired individuals,
including services for older individuals who are blind or visually impaired,
pursuant to Title VII of the federal Rehabilitation Act of 1973, as
amended;
(3)
Contract with private agencies who provide services for the blind or visually
impaired to provide prevocational and other training such as, but not limited
to, instruction in Braille, orientation and mobility for independent travel,
homemaking and home-management skills, and communications skills, including the
use of computer technology, to prepare blind and visually impaired persons for
eventual vocational training, job placement, higher education, home usage such
as reading of mail and letter writing, and independence;
(4)
Establish and carry out a business enterprises program and serve as the state
licensing agency for blind and visually impaired individuals pursuant to the
federal Randolph-Sheppard Act;
(5)
Establish and administer a state-wide program to certify individuals who are
qualified to teach Braille to blind or visually impaired individuals, including
individuals attending elementary and secondary schools, using performance
criteria based on the National Literary Braille competency examination
administered by the Library of Congress;
(6)
Purchase and distribute specialized equipment, devices, and technology,
including low-vision aids, obtained directly from specialty vendors without
state centralized purchasing procedures;
(7)
Provide library services to persons who are blind or visually impaired and
persons with physical disabilities in cooperation with the Library of
Congress;
(8)
Create and maintain an instructional media center for the production, purchase,
distribution, reallocation, and warehousing of accessible materials for blind
or visually impaired children and adults;
(9)
Provide technical assistance in cooperation with other appropriate agencies to
assist the Department of Education and local boards of education in the
provision of auxiliary aids and services to blind or visually impaired students
and their parents by complying with the federal Americans with Disabilities Act,
as amended, and the federal Individuals with Disabilities Education Act, as
amended;
(10)
Provide technical assistance to agencies within this state in order to ensure
that information technology purchased or used by such agencies is accessible to
and useable by individuals who are blind or visually impaired at the time the
technology is purchased or used;
(11)
Participate, through the designation of the executive director or an appropriate
staff member of the commission, on boards, commissions, or bodies which may
exist or be established within this state for the purpose of coordination and
planning of services;
(12)
Conduct a review of consumer satisfaction with programs of the commission and
perform other functions of the state-wide rehabilitation council specified in
Section 105(c) of the federal Rehabilitation Act of 1973, as
amended;
(13)
Promulgate rules to carry out programs of the commission;
(14)
Apply for and receive money from any state or federal agency to support the
programs of the commission and receive on behalf of this state any gifts,
donations, or bequests from any source to be used in carrying out the
commission´s duties as described in this chapter; and
(15)
Develop and administer any other program which will further the provision of
services to the blind or visually impaired and is determined by the commission
to fall within its scope of responsibility.
(b)
The commission may carry out any of the powers and duties enumerated in this
Code section by contract or cooperative agreement or by the direct
administration of any program.
30-11-7.
The
commission shall publish an annual report including a list of accomplishments,
findings, and recommendations for improvement based on its activities and
performance during the year. The report shall contain information needed to
evaluate the progress of the commission in meeting the needs of blind or
visually impaired individuals in this state.
30-11-8.
(a)
Any applicant for or recipient of services from the commission who is
dissatisfied with any action taken or decision made regarding such services may
file a complaint setting forth the basis for the dissatisfaction and the remedy
sought. Upon receipt of the complaint, the executive director shall inform the
individual of the voluntary process available for mediation of the dispute. The
mediation, if chosen by the individual, shall be conducted by a qualified and
impartial mediator and the cost shall be paid by the commission.
(b)
If the dispute cannot be resolved by mediation or other informal means, the
executive director shall, upon request of the individual, convene an arbitration
panel which shall give notice, conduct a hearing, and render a decision. The
arbitration panel shall be composed of three members appointed as
follows:
(1)
One individual designated by the individual filing the complaint;
(2)
One individual designated by the executive director; and
(3)
One individual chosen by the other designees who is an impartial hearing officer
as defined in Section 102 of the federal Rehabilitation Act of 1973, as amended,
who shall serve as chairperson of the arbitration panel and issue the
decision.
(c)
The commission shall promulgate rules sufficient to regulate the conduct of all
proceedings required in this Code section and to ensure the rights of all
parties participating therein.
30-11-9.
(a)
The commission shall work cooperatively with private agencies that provide
services for the blind or visually impaired. All existing contracts and
agreements in effect concerning services for the blind or visually impaired
shall be binding upon the commission to the same extent that such contracts or
agreements were binding upon the agency from which they were
transferred.
(b)
All proceeds from claims filed with any agency, including the Social Security
Administration, which relate to the provision of services for the blind or
visually impaired shall be transferred to the commission from any agency
receiving such proceeds."
SECTION
2.
This
Act shall become effective on July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.