Georgia vocational rehabilitation laws passed by the General Assembly 1951 [1957]

GEORGIA VOCATIONAL REHABILITATION
LAWS
Passed by the GENERAL ASSEMBLY
1951
VENDING STAND ACT
19~
AMENDED 1956
AMENDED 1957
STATE DEPARTMENT OF EDUCATION Dr. Claude Purcell, State Superintendent of Schools
VOCATIONAL REHABILITATION DMSION Dr. A. P. Jarrell, Director
State Office Building, Atlanta, Georgia

:N B:~~ the~ TO BE ENTITLED

to recsognize

ing sys'.;em cf Vocational Rehabilitation of the

cally or mentally impaired, including the blind cit .

of Georgia; to provide a statutory basis for a program

of vocational rehabilitation of such persons; to provide

that the same shall be administered by the State Board

of Vocational Education; to repeal Sections 32-2301

"Provisions of Act of Congress accepted," 32-2302

"Money for vocational rehabilitation," 32-2303 "State

Board; duties," 32-2304 "Gifts and donatiollJl," and

32-2305 "Annual appropriation" of Chapter 32 of the

Georgia Code Of 1933 as amended; to define certain

words and expressions used in this Act; to provide a

separability clause; to repeal conflicting laws; and for

other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
Section 1. DEFINITIONS:

(a) "State Board" means the State Board of Education designated as the Statf! Board of Voc" tiona! Education;

(b) "Division" means the Division of Vocational Rehabilitation established by this Act;

(c) "Executive Officer" means the State School Superintendent designated as the Executive Officer of the State Board of Vocational Edu-
cation;

(d) "Director" means the Director of Vocational Rehabilitation Division;

(e) "Employment Handicap'' means a physical or
mental condition wthich constitutes, contributes to, or if not corrected will probably result in an impairment of occupational perperformanoe;

(f) "Disabled Individual" means any person who has a substantial employment handicap;

(g) "Vocational Rehabilitation" and "Vocational Rehabilitation Services" mean any service, provided directly or through public or private instrumentalities, found by the Director to be necessary to compensate an impaired individual for his employment handicap and to enable him to engage in a remunerative occupation, including, but not limited to, medical and vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational and business licenses, equipment, initial stocks and supplies, including live stock,
capital advances, maintenance, ana training~
books and materials;

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(h) "Rehaoilitahon rrai.ung'' means all neces&ars traimng provided to an impaired individual to d,om>pensate for hia (employment han<j.icap including, but not limited to, manual pre-conditioning, pre-vocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities;
(i) "Physical Restoration" means any medical, surgical, or therapeutic treatment necessary to correc\t or s1,1bstantially reduce an impaired individual's employment handicap within a reasonable length of time including, but not limited to, medical, psychiatric, dental, and surgical treatment, nursing service, hospital .care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute or transitory condition;
(j) "Prosthetic Appliance" means any artificial devicie necessary to support or take the place of a part of the body or to' increase the acuity of a sense organ ;
(k) "Occupational Licenses" means any licenses, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation;
(1) "Maintenance" means money payment not exceeding the estimated cost of subsistence during the provision of vocational rehabilitation or rehabilitation services. It further includes ambunts (in cash Or in kind) to cover the cost, if any, of short periods of medical care for acute conditions arising during the provision of vocational rehabilitation or rehabilitation services.
(m) "Regulations" means regulations made by the director with the approval of the executive officer and State Board and promulgated in the manner prescribed by law.
(n) The term "Rehabilitation Center" is a facility operated for the purpose of assisting in the rehabilitation of impaired persons, which provides one or more of the following types of services:
(1) testing, fitting, or training in the use of prosthetic devices; (2) prevocational or conditioning therapy; (3) physical, corrective or oc~pational therapy; (4) adjustment training, or evaluation or control of special impairments; or, in which, a coordinated approach is made to the physical, mental, and vocational evaluation of impaired persons and an integrated program of physical restoration and pre-vocational or vocational training is provided under competent professional super vision and direction.
(o) The term "Workshop" means a place where any manufacture or handwork is carried on and which is operated for the primary purpose
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of providing remunerative employment to severely impaired persons who cannot be absorbed in the competitive labor market.

(p) The term "blind person" mel!.ns a person who

has (1) not more than 20/200 central visual

acquity in the better eye after correction; or

(2) an equally disabling loss of the visual

field.

Section 2. ESTABLISHMENT OF DIVISION OF VOCATIONAl REHABILITATION

There is hereby established in and under the supervision of th,e State Board a Division of Vocational Rehabilitation.

Section 3. DIRECTOR OF DIVISION OF VOCATIONAL REHABILITATION

The Division shall be administered under the general supervision and direction of the executive officer, by
a director appointed by the executive officer, with the approval of the State Board in accordance with es-
tablished personnel standards and on the basis of his education, training, experience, and demonstrated
ability in the field of Vocational Rehabilitation.. The
director shall devote his full time to the administration of the Vocational Rehabilitation Program. In carrying out his duties under this Act the director,

(a) shall, with the approval of the executive officer, prepare regulations for promulgation by
the State Board governing personnel standards, the protection of records and confi-
dential information, the manner and form of filing application, eligibility, and investigation
and determination thereof, for vocational
rehabilitation services, procedures for fair hearings and such other regulations as he finds necessary to carry out the purposes of this Act;

(b) shall, with the approval of the executive officer establish appropriate subordinate admmistrative units within the Division;

(c) shall, recommend to the executive officer for appointment such personnel as he deems necessary for the efficient performance of the functions of the divlSion;

(d) shall, prepare and submit to the State Board
annual reports of activities and expenditures and, prior to each regular session of the legis-
lature, estimates of sums required for carrying out this Act and estimates of the amounts
to be made available for this purpose from at! sources;

(e) shall, make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this Act;

(f) may, with the approval of the executive of-
j ce~ and the State l:loar~, delegate to any
officer or employee of :the division such of hU. powen and d:ti.., ~oept the makmg of

regulations and the making of recommendations for appointment of personnel, as he finds ne~essary to carry out the purposes of this Act.
Section 4. ADMINISTRATION
The State Board, through the division, shall provide the services authorized by' this Ac.t to the physically or mentally impaired, including the blind citizens, determined to be eligible therefor, and, in carrying out the putposes of this Act, the division is authorized, among other things;
(a) to cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this Act to impaired individuals, in studying the problems involved therein, and in establishing, developing, and providing, in conformity with the purposes of this Act, such programs, facilities, and services as may be necessary or desirable;
(b) to enter into reciprocal agreements with other states to provide for the services authorized by this Act to residents of the state concerned;
(c) to conduct research and compile statistics re~ lating to t~e provision of services or the need of services by impaired individuals;
(d) to license blind individuals to operate vending stands under its supervision and control and subject to the terms and conditions in regulations issued pursuant to SetioR 3(a) on: (1) State property; (2) county or municipal property'; (3) federal property, pursuant to delegation of authority under the Randolph-Sheppard Act (20 U.S. Code 107b) (49 Stat. 1559) and any amendment thereto or any Act of Congress relating to this subject; (4) private property.
(e) to provide for the establishments, supervision and control of suitable business enterprises to be operated by the severely impaired individual.
Section 5. AUTHORITY TO ESTABLISH REHABILITATION CENTERS
The Vocational Rehabilitation Division is authorized to utilize funds made available from appropriations by Congress, by gifts or grants from private sources and/or by appropriations of the General Assembly or by transfer of funds from other State Departments for the pupose of establishing and operating Rehabilitation Centers and Workshops.
Section 6. COOPERATION WITH FEDERAL GOVERNMENT
The State Board, through the Division of Vocational Rehabilitation, is hereby empowered and directed to cooperate pursuant to agreements with, the federal goverment in carrying out the purposes of any federal
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statutes pertaimHg to the purposes of this A.ct and is authorized to adopt such methods of administration as are found by thl:l federal goverment to be necessary for the proper at.d dfic,ient operation of such q.greements or plans fo1 vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes and appropriation; to administer any legislation pursuant thereto enacted by the State of Georgia to direct the disbursement and administer the use of all f11nds provided by the federal government or this State for the vocational rehabilitation. of impaired persons of this state and to do all th,ings nessary to insure the vocational tehabilitation of impaired persons.
Section 7. RECEIPT AND DISBURSEMENT OF
VOCATIONAL REHABILITATION FUNDS
The State Treasurer is hereby designated as custodian of all moneys received from the Federal Government for the purpose of carrying out any Federal Statutes pertaning to the purpose of this Act. The State Treasurer shall make disbursements from such funds and all. state funds available for such purpose upon certification in the manner provided in Section 3 (e).
Section 8. APPRO.t'RlATIONS
Buget estimates of th., amount of appropriations needed each fiscal year for vocational rehabilitation services, and for the administration of said program, shall be submitted by the Director to the Executive Officer of the State Board, and upon approval by the State Board, Shall be included in t~e estimates made by the Executive Officer of the State Board to the Budget Board for the operation of the vocational rehabilitation program.. In the event federal funds are available to the State of Georgia fer vocational rehabilitation purposes, the Division of Voc,ational Rehabilitation is authorized to comply with such requirements as may be necessary to obtain said Federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the State law and Constitution. In the event the National Congress fails in any year to appropriate funds for grants-m-aid to the State for vocational rehabilitation purposes, the Executive Officer shall include as a part of h,is budget a request for adequate state funds for vocational rehabilitation purposes.
Section 9. GIFTS
The Director is hereby authorized and empowered, with thie approval of the Executive Officer and the State Board of Education, to accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this Act. Gifts made under such conditions as in the judgment of the State Board are proper and consistent with the provisions of this Act an~ may be so accepted and shall be held, invested, remvested and u:sed in accordance with the condition of the gift.
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Section 10. ELIGIBILITY f'OR VOCATIONAL. RHABILITATION

Vocational tehabilitation services shall be provided to any impaired individual; (1) who is a bona fide resident of the State at the time of filing his application therefor and whose vocational rehabilitation the
Director determines after full investigation can be satisfactorily achieved; or (2) who is eligible therefor under the terms of an agreement with another State or with the Federal government; provided, that, except as otherWise provided by law or as specified in any
agreement with the federal government with respect
to classes of individuals certified to the State Board thereunder, the following rehabilitation services shall be provided at public cost only to impaired individuals
found to require financial assistance with respect thereto:

(a) Physical restoration;

(b) Transportation provided for other purposes than to determine the eligibility of the individuJll for vocational rehabilitation services and the nature and extent of the servicwas necessary;

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(c) Occupational and business licenses;
(d) Tools, equipment, .initial stock and supplies including live stock and capital advances;

(e) Maintenance.

u: Section MAINTENANCE NOT ASSIGNABLE

The right of impaired individuals 1!o - maintenance
[ under this Act shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.

[ Section 12. RETENTION OF TITLE TO AND DISPOSAL OF EQUIPMENT
The Division is authorized to retain title to any property, tools, instruments, training supplies, equip-
[ ment or other items of value acquired for use of handicapped persons and to respossess and transfer same for the use of other handicapped persons or employees.
l The Director, with the approval of the State Board, is authorized to offer for sale any surplus items acquired in the operation of the program when they are
I not longer necessary, or to exchange them for necessary items which may. be used toc greater advantage.
l When any such surplus equipment is sold or exchanged a receipt for same shall be taken from the purchases showing the eonsideration given for such
I. equipment and forwarded to the Treasurer and any such funds received by the State Board pursuant to any such transactions shall be deposited in the State Treasury in the appropriate Federal or State rehabi-
~ litation funds and shall be available for expenditures , for any purposes consistent with this Act.

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Section 13. HEARINGS
Any individual applying for or rece1vmg vocational rehabilitation, who is aggrieved by any action, or inaction of the Division, shall be entitled, in accordance with regulations, to a hearing in aceordance with the regulations adopted and promulgated by the State Board on that subject.
Section 14. MISUSE OF VOCATIONAL REHABILITATION LISTS ~ND RECORDS
It shall 'be unlawful, except for purposes directly connected with the administration of the Vocational Rehabilitation Program, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or adquiesce in the use of, any .list of, or names of, or any information concerning, persons applying for or receivini vocational rehabilitation directly "Or indirectly derived from the records.
Section 15.. LIMITATION ON POLITICAL ACTIVITY
Employees of the Division of Vocational Rehabilitation shall be governed by the prohibitions in the rules and regulations of the State :Personnel Board and the Federal Civil Service Commission from participation in political activity.
Sestion. f6. REPEAL
.. BE IT FURTHER ENACTED BY THE AUTHORITY: AFORESAID, that Sedtion 32-2301, of the Code of, Georgia of 1933, Which section relates to the acceptance of the provision of the Vocational Rehabilitation Act of Congress approved June 2, 1920, is hereby repealed in its entirety.
Section 17. REPEAL
.. BE IT FURTHER ENACTED BY THE AUTHORITY AFORESAID, that Section 32-2302, of the Code of Georgia of 1933, which section relates to the custody and disbursement of all moneys received by the State from appropriations made by Congress for Vocational Rehabillitation of impaired persons, is hereby repealed in its entirety.
Section 18. REPEAL
BE IT FURTHER ENACTED BY THE AUTHORITY AFORESAID that Section 32-2303 of the Code of Georgia of 1933, which section relates to the duties of th,e State Board of Education in regards to carrying out the provisions of the Vocational Rehabilitation Act is hereby repealed in its entirety.
Section 19. REPEAL
BE IT FURTHER ENACTED BY THE AUTHORITY AFORESAID, that Section 32-2304, of the Code of Georgia of 1933, which section relates to the State Board receiving gifts and donations from public or private sources to be deposited in the State Treasury as special fund for vocational rehabilitation of disabled persons is repealed in its entirety.
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Section 20. REPEAL
BE IT FUTHER ENACTED BY THE AUTHORITY AFORESAID, that Section 32-2305, of the Code of Georgia of 1933, which section relates to the State's matching the sum of money allotted to the State by Congress each fiscal year, is hereby repealed in its entirety.
Section 21. REPEAL
BE IT FURTHER ENACTED BY THE AUTHORITY AFORESAID, 1tttat all others laws, or parts of laws, in conflict bere~h are hereby repealed.
Section 22. SEPARABILITY
If any provision of this Act or the applicl1tion thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to others persons or circumstances shall not be affected thereby.
Section 23. SAVING CLAUSE
The legislature reserves the right to amend or rel!-eal all or any part of this Act any time, and there shah be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this Act, or by Acts done pursuant thereto, ~hall exsit subject to the power and the legislature to amend or repeal this Act at any time.
Section 24. EFFECTIVE DATE
This Act shall take effect and be in force from and after the date of its passage.
AMENDMENT
1956
AN ACT
To amend an Act approved February 21, 1951 (Ga. Laws 1951, pp. 516, et seq.) and known as the Vocational Rehabilitation Act, so as to provide for subrogation by the State Board o;f Vocational Education, to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1 The Vocational Rehabilitation Act aPproved February 21, 1951 (Ga. Laws 1951, pp. 516, et seq.) is hereby amenc;led by adding a new section known as section 25, which shall read as follows:
"Section 25. Subrogation-Where a disabled individual who received vocational reh:abilitation services is entitled to recover damages against any person or corporation liable to said disabled individual for the injury causing disability the State Board of Vocational Education shall be subrogated to the rights of such disabled individual to recover to the extent of the cost of vocational rehabilitation services renderd by the State Board of Vocational Education. Where the disabled individual
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receives vocational rehabilitation servico::s without disclosing that he has already recovereu damages by way of settlement or other payment, he .shall be liable therefor to the State Board of. Vocatwnal Education in an amount not to exceed the ..:ost of rehabilitation services rendered or the damages recovered, whichever is the lesser."* (See Footnote)
SECTION 2. That all laws and parts of laws in conflict with this Act are hereby repealed.
*The amount of the recovery will be lim~ted to only those services, the elegibility fo~ which ~s predicated un the need for financial assistance With respedt thereto.
AMENDMENT
1957
Section 25. SUBROGATION
Where a disabled individual who receives vocational rehabilitation services is covered by a hospitalization or medical ilisuran.!e policy, the State Board of Vocational Education shall be subrogated to the rights of such disabled individual to recover to the extent .of the cost of vocational rehabilitation services rendered by the State . Board of Vocational Education, exclusive of those services the eligibility for which is not predicated on the need for financial assistance with respect thereto. Where the dis abled individual receives vocational rehabilitation services without disclosing that he is covered by a hospitalization or medical insurance policy, he- shall be liable therefor to the State Board of Vocational Education in an amount not to exceed the cost of rehabilitation services rendered, exclusive of those services the eligibility for which is not predicated on the need for financial assistance with re- . spect thereto, or the insurance paid, which ever is the lesser.
(Ga. Laws 1957, p. 274-275.)
VENDING STAND ACT
1956
AN ACT
To authorize the operation of vending stands in State Buildings by blind or otherwise seriously disabled persons; to enlarge the economic opportunities of such seriously disabled persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1. That for the purpose of providing blind or otherwise seriously disabled persons with remunerative employment, enlarging th-'lir economic opiXJrtunities and stimulating them to greater efforts in striving to make themselves self-supporting, such blind or otherwise seriously disabled persons who are licensed by the Division of Vocation Rehabilitation of the State Department of Education, shall be authorized to
operate f vending stands on any State property where
su~ vending stands may be properly and satistfactorily operated by blind or otherwlise seriously disabled persons. In authorizing the operation of vending stands on State property, preference shall be given, so far as feasible, to blind or otherwise seriously disabled persons licensed by the Division of Vocational Rehabilition of th.e State Department of Education as provided in this Act; and the head of each department or agency in control of the maintenance, operation, and protection of State property shall after consultation with th~ Director of the Division of Vocational Rehabilitation of the State Department of Educ~tion, and with the approval of the Governor, prescribe regu1ations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind or otherwise seriously disabled persons without unduly inconveniencing sud,h departments and agencies or adversely affecting the interests of the State of Georgia.
SECTION 2. To effectuate the purposes of this Act it is declared to be public policy of the State of Georgia that on any State property wheTe the
Director of Vocational Rehabilitation determines it to be feasible to establish a vending stand to be operated by a licensed operator as herein provfded, and the agency or department or custodian of such property determines that such .stand ~n be established without undue inconvenience to the operation being carried on in such State building or property, the preference h.erein accorded shall require that such vending stand site not be deemed available for letting to competitive bi.dders for revenue producing purposes, unless the Diredtor of Vocational RehabilitatiO<n decline~ to establish on said site a vending stand for blind or _otherwise seriously disabled persons.. The income to the agency controlling the space for such stand sites shall generally not be expected to exceed re-Ul1bursement for th~ cost of providing such stand site space and the services connected therewith but in any case
of where sudh income exceeds those phrpos'es the same
shall be paid into the General Treasury the State subject to certification and audit.
SECTION 3. The term "vending stand'' shall mean r~freshm.ent cou~ter operated by the blind or otherWise ser~ously disabled persons, but shall not include comm~rcial restaurants, cafeterias, and similar establishments for the serving of meals
.SEC~ION 4. All laws and parts of laws in conflict With this Act are hereby repealed.
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