Senate Bill 158
By: Senators Davenport of the 17th, Jones II of the 22nd, Jones of the 10th, James of the
28th, Wicks of the 34th and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped
persons, so as to create the Commission for Blind and Visually Disabled Persons; to transfer
the direction and supervision of the Georgia Industries for the Blind from the Georgia
Vocational Rehabilitation Agency to the commission; to provide for a short title; to provide
for definitions; to provide for legislative intent; to provide for the transfer of functions to the
commission; to provide for the composition and appointment of commission members; to
provide for an executive director; to provide for duties and powers of the commission; to
authorize the commission to license blind persons to operate vending facilities; to transfer
the oversight of the delivery of deaf-blind services and techniques that lead to maximum
independence and employment for individuals with both a hearing and a vision loss to the
commission; to provide for an annual report; to provide for a complaint process; 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 role of the commission in facilitating
the operation by blind persons and other persons with disabilities of vending facilities on
state property; to provide for related matters; 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 revising Code Section 30-2-3, relating to supervision of Georgia Industries for
the Blind by Georgia Vocational Rehabilitation Agency and acquisition of property, as
follows:
"30-2-3.
(a) The industries shall be state institutions under the direction and supervision of the
<del>Georgia Vocational Rehabilitation Agency</del> <ins>Commission for Blind and Visually Disabled
Persons.
</ins> (b) The <del>Georgia Vocational Rehabilitation Agency</del> <ins>Commission for Blind and Visually
Disabled Persons</ins> is authorized to provide the property necessary for the industries. The
<del>Georgia Vocational Rehabilitation Agency</del> <ins>Commission for Blind and Visually Disabled
Persons</ins> may acquire real property through the State Properties Commission pursuant to
Code Section 50-16-38 or the <del>agency</del> <ins>commission</ins> may enter into rental agreements in order
to acquire the needed space."
SECTION 2.
Said title is further amended by revising Code Section 30-2-4, relating to superintendents for
industries, operation of industries generally, and purchase of goods manufactured at
industries by state institutions, as follows:
"30-2-4.
(a) There shall be superintendents for the industries. Preference shall be given to blind
persons with the skill and experience to perform such jobs. The <del>department</del> <ins>Commission
for Blind and Visually Disabled Persons</ins> shall provide for the equipment, maintenance, and
management of the industries; shall provide for the selection and eligibility of applicants
for admission to an industry; shall provide for the sale of supplies manufactured at the
industries to the departments of the state, its subdivisions, and institutions, and to the
federal government and other states and to individual and corporate dealers in such
supplies; shall provide for housing, rationing, hours of labor, scale of pay, or division of
profits, subject to this chapter; and shall provide all other rules for the proper management
of the industries not in conflict with this chapter. The <del>department</del> <ins>Commission for Blind
and Visually Disabled Persons</ins> shall procure necessary machinery, equipment, and
furnishings for the industries; shall make contracts for power, lighting, and heating; and
shall arrange for all other things necessary and proper for the conduct of the industries.
(b) All departments, subdivisions, and institutions of the State of Georgia are directed to
give preference in purchases to goods manufactured at the industries, provided <ins>that</ins> said
goods are of equal quality and competitive in price."
SECTION 3.
Said title 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 <del>Georgia Vocational
Rehabilitation Agency</del> <ins>Commission for Blind and Visually Disabled Persons</ins> is authorized
and directed to pay such compensation from the funds appropriated to and available for the
<del>agency</del> <ins>commission."
</ins> SECTION 4.
Said title is further amended by adding a new chapter to read as follows:
<ins>"CHAPTER 11
30-11-1.
This chapter shall be known and may be cited as the 'Commission for Blind and Visually
Disabled Persons 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 Blind and Visually Disabled Persons.
30-11-3.
(a) The purpose for the establishment of the commission is to ensure that people who are
blind or visually impaired or deaf-blind have access, throughout their lifetimes, to quality
services throughout the State of Georgia so that they may attain independent living skills,
maximize successful career opportunities, and increase independence and self-sufficiency
to promote the upward mobility of the consumer as a viable member of the community and
to do whatever is deemed necessary to achieve the most positive outcome for the consumer.
</ins>
<ins>(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 Blind and Visually Disabled Persons is hereby created and
established to perform the functions and duties set out in this chapter and to assume the
duties, powers, and authority exercised on June 30, 2025, by the Georgia Vocational
Rehabilitation Agency with respect to blind or visually impaired persons.
(b) On and after July 1, 2025, the powers, functions, duties, programs, and authority of the
Georgia Vocational Rehabilitation Agency relating to blind or visually impaired persons
shall be performed and exercised by the commission. The commission shall take all
necessary steps to ensure continuity of services for blind or visually impaired persons
during such transfer.
(c) The commission shall be assigned to the Department of Human Services for
administrative purposes only, as prescribed in Code Section 50-4-3.
</ins>
<ins>30-11-5.
(a) The commission shall consist of a chairperson and seven members. The Governor
shall appoint the chairperson and three members, the Speaker of the House of
Representatives shall appoint two members, and the President of the Senate shall appoint
two members. The chairperson and members shall be 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 and at least one
member shall be deaf-blind. At least one of the members appointed by the Governor shall
have participated in the Business Enterprise Program established under the federal
Randolph-Sheppard Act of 1936, and at least one of the members appointed by the
Governor shall have been employed by the Georgia Industries for the Blind. No member
of the commission shall be employed by the commission during the term of such
membership.
(b) The Governor, the Speaker of the House of Representatives, and the President of the
Senate 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 and the chairperson shall be for a term of three years,
except for the terms of the initially appointed members. One member appointed by each
officer shall serve for an initial term of three years, one member appointed by each officer
shall serve an initial term of two years, and the chairperson and the other member
appointed by the Governor shall serve an initial term of one year. Thereafter, all members
and the chairperson 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 and members of the commission 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.
30-11-6.
</ins>
<ins>(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.
30-11-7.
(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 that 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 skills 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;
</ins>
<ins>(5) Establish and administer an industries for the blind program and serve as the state
licensing agency;
(6) Purchase and distribute specialized equipment, devices, and technology, including
low-vision aids, obtained directly from specialty vendors without state centralized
purchasing procedures;
(7) Coordinate with the Georgia Library Service for the Blind and Print Disabled of the
Office of Public Library Services of the Board of Regents of the University System of
Georgia to ensure that all offerings of the program administered by the Georgia Library
Service for the Blind and Print Disabled to provide library services to persons who are
blind or visually impaired are actively and robustly utilized by as many blind and visually
impaired persons as possible, including audiobooks, standard library services, Braille
services, and other physical as well as electronic accommodation options;
(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 usable
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;
</ins>
<ins>(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) 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
(14) 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.
(c) The commission shall promulgate such rules and regulations as are necessary for the
execution of its functions under this chapter.
30-11-8.
The commission is authorized to license blind persons to operate vending facilities under
its supervision and control, subject to rules and regulations promulgated by the
commission, on:
(1) State property;
(2) County or municipal property;
(3) Federal property, pursuant to delegation of authority under the federal
Randolph-Sheppard Act, 20 U.S.C. Section 107(b), and any amendment thereto or any
act of Congress relating to this subject; and
(4) Private property.
30-11-9.
</ins>
<ins>(a) The commission 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; 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 commission 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 commission 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 commission 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 commission.
</ins>
<ins>30-11-10.
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.
30-11-11.
(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 as follows:
(1) One individual designated by the individual filing the complaint;
(2) One individual designated by the executive director; and
(3) One individual who is an impartial hearing officer, as defined in Section 102 of the
federal Rehabilitation Act of 1973, agreed upon jointly by the individuals designated
pursuant to paragraphs (1) and (2) of this subsection. Such individual shall serve as
chairperson of the arbitration panel and issue the decision.
(c) The commission shall promulgate rules and regulations sufficient to regulate all
proceedings conducted pursuant to this Code section and to ensure the rights of all parties
participating therein."
</ins>
SECTION 5.
Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia
Vocational Rehabilitation Agency, is amended by revising Code Section 49-9-5, relating to
provision of services to persons with disabilities, as follows:
"49-9-5.
The agency 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
agency 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 <del>blind persons or other</del> persons with disabilities, <ins>other than blind persons,
</ins> to operate vending facilities under its supervision and control, subject to the terms and
conditions provided in regulations, policies, and procedures issued pursuant to Code
Section 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.C. Section 107(b), 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."
SECTION 6.
Said chapter is further amended by repealing Code Section 49-9-21, relating to delivery of
deaf-blind services and techniques leading to maximum independence and integration, in its
entirety.
SECTION 7.
Said chapter is further amended by revising Article 2, relating to vending facilities on state
property, as follows:
"ARTICLE 2
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, <del>the term 'state property'</del> <ins>that such term</ins> 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 <del>licensed</del> blind persons <ins>licensed by the
Commission for Blind and Visually Disabled Persons</ins> or other persons with disabilities
<ins>licensed by the agency,</ins> as prescribed by rules and regulations adopted by <ins>the
Commission for Blind and Visually Disabled Persons and</ins> the agency, <ins>respectively.
</ins> 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 <ins>the Commission for Blind and Visually Disabled Persons or
</ins> the board 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
<ins>the Commission for Blind and Visually Disabled Persons or</ins> the board declines to establish
on such site a vending facility for blind persons or other persons with disabilities. The
income to the agency or department or custodian 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.
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 <ins>who are
licensed by the Commission for Blind and Visually Disabled Persons pursuant to Code
Section 30-11-8</ins> or other persons with disabilities who are licensed by the <del>Georgia
Vocational Rehabilitation Agency</del> <ins>agency pursuant to Code Section 49-9-5</ins> 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 <ins>licensed by the Commission for Blind
and Visually Disabled Persons</ins> or other persons with disabilities licensed by the <del>Georgia
Vocational Rehabilitation Agency</del> <ins>agency</ins> 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 <ins>the Commission for Blind and Visually Disabled
Persons and</ins> the board 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 8.
All laws and parts of laws in conflict with this Act are repealed.