HB1376: HB1376 Commission for the Blind and Visually Impaired Act; enact

26 LC 61 0363 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 the1 Georgia Vocational Rehabilitation Agency, so as to establish the Commission for the Blind2 and Visually Impaired; to provide for the composition of the commission; to provide for an3 executive director; to provide for duties; to provide for an an nual report; to require the4 Georgia Vocational Rehabilitation Agency to consult with the co mmission; to provide for5 related matters; to provide a short title; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 This Act shall be known and may be cited as the "Commission for the Blind and Visually9 Impaired Act."10 SECTION 2.11 Chapter 9 of Title 49 of the Official Code of Georgia Annotated , relating to the Georgia12 Vocational Rehabilitation Agency, is amended by adding a new article to read as follows:13 H. B. 1376 - 1 - 26 LC 61 0363 "ARTICLE 314 49-9-50.15 As used in this article, the term:16 (1) 'Blind or visually impaired' means a person:17 (A) Having a central visual acuity of 20/200 in the better eye with the best corrective18 lens, or a visual field of 20 degrees or less; or19 (B) With a severe visual disability resulting in legal blindne ss verified by an eye20 examination.21 (2) 'Commission' means the Commission for the Blind and Visually Impaired established22 pursuant to this Code section.23 49-9-51.24 (a) The board shall establish the Commission for the Blind and Visually Impaired, the25 membership of which shall be composed of:26 (1) One representative from the program authorized by paragrap h (4) of Code27 Section 49-9-5;28 (2) Two representatives from nonprofit consumer organizations for the blind and visually29 impaired; provided, however, that such representatives shall no t represent the same30 organization;31 (3) One representative of the deaf-blind community;32 (4) One individual who is blind or visually impaired and is a consumer of vocational33 rehabilitation services;34 (5) One parent or guardian of a child who is blind or visually impaired;35 (6) One representative from the department; and36 (7) One representative from the Department of Education.37 H. B. 1376 - 2 - 26 LC 61 0363 (b) The commission shall meet quarterly and at such other times as it shall determine. The38 chairperson of the commission shall be elected by the members present and voting at the39 first meeting of the commission and annually thereafter. A majority of the members of the40 commission shall constitute a quorum to transact business.41 (c) Members of the commission who are state employees shall receive no compensation42 for their services on the commission, but they may be reimbursed for expenses incurred by43 them in the performance of their duties as members of the commission in the same manner44 as they are reimbursed for expenses in their capacities as stat e employees. Citizen45 members of the commission shall receive a daily expense allowan ce as provided in46 subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance47 authorized for state employees.48 49-9-52.49 (a) The commission shall appoint an executive director with knowledge and experience50 in rehabilitation and related services for the blind or visuall y impaired. The executive51 director shall serve as secretary to the commission and shall b e the chief administrative52 officer of the commission. The executive director's appointment shall be for an indefinite53 period but may be terminated for cause as determined by a major ity of the commission. 54 Preference shall be given to employing an individual who is blind or visually impaired and55 meets the qualifications specified by the commission.56 (b) The executive director shall employ such personnel as are needed and shall fix their57 compensation in a manner consistent with state law.58 49-9-53.59 (a) The commission shall advise the agency and any other appropriate state entity on the:60 H. B. 1376 - 3 - 26 LC 61 0363 (1) Development and implementation of the state plan for vocat ional rehabilitation61 services for individuals who are blind or visually impaired pursuant to Section 101 of the62 federal Rehabilitation Act of 1973, as amended;63 (2) Provision of independent living services for blind or visually impaired individuals,64 including services for older individuals who are blind or visually impaired, pursuant to65 Title VII of the federal Rehabilitation Act of 1973, as amended;66 (3) Contracting with private agencies to provide services for the blind or visually67 impaired for prevocational and other training such as, but not limited to, instruction in68 Braille, orientation and mobility for independent travel, homem aking and home69 management skills, and communications skills, including the use of computer technology,70 to prepare blind and visually impaired persons for eventual voc ational training, job71 placement, higher education, home usage such as reading of mail and letter writing, and72 independence;73 (4) Establishment and implementation of a business enterprises program pursuant to the74 federal Randolph-Sheppard Act;75 (5) Establishment and administration of the Industries for the Blind Program;76 (6) Establishment and administration of a state-wide program to certify individuals who77 are qualified to teach Braille to blind or visually impaired in dividuals, including78 individuals attending elementary and secondary schools, using performance criteria based79 on the National Literary Braille competency examination administered by the Library of80 Congress;81 (7) Purchase and distribution of specialized equipment, device s, and technology,82 including low-vision aids, obtained directly from specialty ven dors without state83 centralized purchasing procedures;84 (8) Provision of library services to persons who are blind or visually impaired and85 persons with physical disabilities in cooperation with the Library of Congress;86 H. B. 1376 - 4 - 26 LC 61 0363 (9) Creation and maintenance of an instructional media center for the production,87 purchase, distribution, reallocation, and warehousing of accessible materials for blind or88 visually impaired children and adults;89 (10) Provision of technical assistance in cooperation with other appropriate agencies to90 assist the Department of Education and local boards of educatio n in the provision of91 auxiliary aids and services to blind or visually impaired stude nts and their parents by92 complying with the federal Americans with Disabilities Act, as amended, and the federal93 Individuals with Disabilities Education Act, as amended; and94 (11) Provision of technical assistance to agencies within this state in order to ensure that95 information technology purchased or used by such agencies is accessible to and useable96 by individuals who are blind or visually impaired at the time the technology is purchased97 or used.98 (b) The commission shall be authorized to:99 (1) Participate, through the designation of the executive director or an appropriate staff100 member of the commission, on boards, commissions, or bodies whi ch may exist or be101 established within this state for the purpose of coordination and planning of services;102 (2) Conduct a review of consumer satisfaction with state programs relating to services103 for blind or visually impaired persons; and104 (3) Apply for and receive money from any state or a federal agency to support programs105 relating to services for blind or visually impaired persons and receive on behalf of the106 state any gifts, donations, or bequests from any source to be used in supporting programs107 and services for blind or visually impaired persons.108 (c) The commission shall be authorized to carry out any of the powers and duties109 enumerated in this Code section by contract or cooperative agre ement or by the direct110 administration of any program.111 H. B. 1376 - 5 - 26 LC 61 0363 49-9-54.112 The commission shall publish an annual report to evaluate the success of state programs113 and services in meeting the needs of blind or visually impaired individuals in this state.114 49-9-55.115 The Georgia Vocational Rehabilitation Agency shall consult with the commission on any116 programs or services relating to blind or visually impaired per sons that are established,117 revised, or discontinued prior to taking any such action. This shall include, but not be118 limited to, licensing of blind persons or other persons with disabilities to operate vending119 facilities pursuant to paragraph (4) of Code Section 49-9-5 and the delivery of deaf-blind120 services and techniques pursuant to Code Section 49-9-21."121 SECTION 3.122 This Act shall become effective upon its approval by the Governor or upon its becoming law123 without such approval.124 SECTION 4.125 All laws and parts of laws in conflict with this Act are repealed.126 H. B. 1376 - 6 -