House Bill 1376
By: Representatives Flournoy of the 74th, Lupton of the 83rd, Ali of the 106th, Baker of the
64th, and Beckles of the 96th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the
Georgia Vocational Rehabilitation Agency, so as to establish the Commission for the Blind
and Visually Impaired; to provide for the composition of the commission; to provide for an
executive director; to provide for duties; to provide for an annual report; to require the
Georgia Vocational Rehabilitation Agency to consult with the commission; to provide for
related matters; to provide a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Commission for the Blind and Visually
Impaired Act."
SECTION 2.
Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia
Vocational Rehabilitation Agency, is amended by adding a new article to read as follows:
<ins>"ARTICLE 3
49-9-50.
As used in this article, 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 Visually Impaired established
pursuant to this Code section.
49-9-51.
(a) The board shall establish the Commission for the Blind and Visually Impaired, the
membership of which shall be composed of:
(1) One representative from the program authorized by paragraph (4) of Code
Section 49-9-5;
(2) Two representatives from nonprofit consumer organizations for the blind and visually
impaired; provided, however, that such representatives shall not represent the same
organization;
(3) One representative of the deaf-blind community;
(4) One individual who is blind or visually impaired and is a consumer of vocational
rehabilitation services;
(5) One parent or guardian of a child who is blind or visually impaired;
(6) One representative from the department; and
(7) One representative from the Department of Education.
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<ins>(b) 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. A majority of the members of the
commission shall constitute a quorum to transact business.
(c) Members of the commission who are state employees shall receive no compensation
for their services on the commission, but they may be reimbursed for expenses incurred by
them in the performance of their duties as members of the commission in the same manner
as they are reimbursed for expenses in their capacities as state employees. Citizen
members of the commission shall receive a daily expense allowance as provided in
subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance
authorized for state employees.
49-9-52.
(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.
49-9-53.
(a) The commission shall advise the agency and any other appropriate state entity on the:
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<ins>(1) Development and implementation of the 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) Provision of 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) Contracting with private agencies to provide services for the blind or visually
impaired for 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) Establishment and implementation of a business enterprises program pursuant to the
federal Randolph-Sheppard Act;
(5) Establishment and administration of the Industries for the Blind Program;
(6) Establishment and administration of 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;
(7) Purchase and distribution of specialized equipment, devices, and technology,
including low-vision aids, obtained directly from specialty vendors without state
centralized purchasing procedures;
(8) Provision of library services to persons who are blind or visually impaired and
persons with physical disabilities in cooperation with the Library of Congress;
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<ins>(9) Creation and maintenance of an instructional media center for the production,
purchase, distribution, reallocation, and warehousing of accessible materials for blind or
visually impaired children and adults;
(10) Provision of 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; and
(11) Provision of 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.
(b) The commission shall be authorized to:
(1) 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;
(2) Conduct a review of consumer satisfaction with state programs relating to services
for blind or visually impaired persons; and
(3) Apply for and receive money from any state or a federal agency to support programs
relating to services for blind or visually impaired persons and receive on behalf of the
state any gifts, donations, or bequests from any source to be used in supporting programs
and services for blind or visually impaired persons.
(c) The commission shall be authorized to 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.
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<ins>49-9-54.
The commission shall publish an annual report to evaluate the success of state programs
and services in meeting the needs of blind or visually impaired individuals in this state.
49-9-55.
The Georgia Vocational Rehabilitation Agency shall consult with the commission on any
programs or services relating to blind or visually impaired persons that are established,
revised, or discontinued prior to taking any such action. This shall include, but not be
limited to, licensing of blind persons or other persons with disabilities to operate vending
facilities pursuant to paragraph (4) of Code Section 49-9-5 and the delivery of deaf-blind
services and techniques pursuant to Code Section 49-9-21."
</ins> SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.