reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 2 - GEORGIA INDUSTRIES FOR THE BLIND (§§ 30-2-1 — 30-2-9) › Section 30-2-7 - Compensation of workers; observance of and payment for state holidays

(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 Georgia Vocational Rehabilitation Agency is authorized and directed to pay such compensation from the funds appropriated to and available for the agency.
Amended by 2012 Ga. Laws 608,§ 5, eff. 7/1/2012.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 2 - GEORGIA INDUSTRIES FOR THE BLIND (§§ 30-2-1 — 30-2-9) › Section 30-2-8 - Promotion, demotion, and layoff of employees; transfer; departure and return of employees

Whenever the skill and experience of two employees are relatively equal, seniority shall control in all questions of promotion, demotion, or layoff. When skill and merit are relatively equal between employees, the employee with the greater seniority shall have the first right to obtain or refuse any transfer. When any worker in the industries leaves to accept other employment outside the industries, he shall have the right to return to the industries within one year from the date of leaving and resume his former seniority and employee privileges.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 2 - GEORGIA INDUSTRIES FOR THE BLIND (§§ 30-2-1 — 30-2-9) › Section 30-2-9 - Surplus funds retained as working capital

Surplus funds designated as reserve funds accruing at the industries in any fiscal year shall not lapse to the state treasury but may be reserved by the industries as working capital.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 3 - ACCESS TO AND USE OF PUBLIC FACILITIES BY PERSONS WITH DISABILITIES (§§ 30-3-1 — 30-3-9) › Section 30-3-1 - Purpose and intent of chapter

The provisions of this chapter are enacted to further the policy of the State of Georgia to encourage and enable persons with disabilities or elderly persons to participate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possible, unnecessary physical barriers encountered by persons with disabilities or elderly persons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use government buildings, public buildings, and facilities used by the public.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 3 - ACCESS TO AND USE OF PUBLIC FACILITIES BY PERSONS WITH DISABILITIES (§§ 30-3-1 — 30-3-9) › Section 30-3-3 - Applicable standards and specifications; granting of exemptions

All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1995, shall comply with the rules and regulations adopted by the Commissioner which meet ADAAG and establish the minimum state standards for accessibility. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, but before July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1980 or A117.1-1986 for making buildings and facilities accessible to and usable by people with disabilities except as otherwise provided in paragraph (10) of Code Section
30-3-2
; and all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, but before July 1, 1995, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by people with disabilities except as otherwise provided in paragraph (10) or subparagraph (C) of paragraph (11) of Code Section
30-3-2
; provided, however, that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question, setting forth the reasons why it is impractical for the person subject to this chapter to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 3 - ACCESS TO AND USE OF PUBLIC FACILITIES BY PERSONS WITH DISABILITIES (§§ 30-3-1 — 30-3-9) › Section 30-3-4 - Covered multifamily dwellings; building entrance on accessible route required; applicable standards and specifications

(a)
Covered multifamily dwellings constructed for first occupancy after March 31, 1993, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Code section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 31, 1993, if it is occupied by that date or if the last building permit or renewal thereof for the covered multifamily dwellings is issued by a local government on or before January 31, 1993. The burden of establishing impracticality because of terrain or unusual site characteristics shall be in accordance with the guidelines established under the federal Fair Housing Amendments Act of 1988, Public Law 100-430.
(b)
All covered multifamily dwellings constructed for first occupancy after March 31, 1993, with a building entrance on an accessible route shall be designed and constructed:
(1)
In such a manner that:
(A)
The public and common use areas are readily accessible to and usable by persons with disabilities;
(B)
All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and
(C)
All premises within covered multifamily dwelling units contain the following features of adaptable design:
(i)
An accessible route into and through the covered dwelling unit;
(ii)
Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(iii)
Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat, where such facilities are provided; and
(iv)
Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; or
(2)
To conform to the appropriate standards and requirements of Code Sections
30-3-3
and
30-3-5
.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 3 - ACCESS TO AND USE OF PUBLIC FACILITIES BY PERSONS WITH DISABILITIES (§§ 30-3-1 — 30-3-9) › Section 30-3-5 - Specific amenities required to be provided

All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, but before July 1, 1995, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by individuals with disabilities, except as otherwise provided in paragraph (10) and subparagraph (C) of paragraph (11) of Code Section
30-3-2
and except that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels and, without limiting the generality of the foregoing, shall provide the following amenities for persons with disabilities, as appropriate:
(1)
Accessible parking spaces in a reasonable number of which not less than 30 percent of or a minimum of one, whichever is greater, shall have an aisle width in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2);
(2)
Accessible entrances in a reasonable number;
(3)
Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a reasonable number; and
(4)
Accessible seating, tables, and work surfaces in a reasonable number.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 3 - ACCESS TO AND USE OF PUBLIC FACILITIES BY PERSONS WITH DISABILITIES (§§ 30-3-1 — 30-3-9) › Section 30-3-6 - Parking lot spaces

(a)
In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction after July 1, 1987, but before July 1, 1995, shall include at least one parking space for persons with disabilities accessible to a passenger van having an overall height not exceeding 108 inches, with additional side-loading mechanism clearance in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2); and each such parking space shall be at a grade not exceeding 2 percent and shall not require the use of an unattended fare gate mechanism which blocks access to or exit from such space unless gate-opening mechanisms are provided at a height accessible to a van driver.
(b)
Compliance with this Code section may be waived under the same conditions as provided in Code Section
30-3-3
.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 3 - ACCESS TO AND USE OF PUBLIC FACILITIES BY PERSONS WITH DISABILITIES (§§ 30-3-1 — 30-3-9) › Section 30-3-8 - Penalty

Any person, firm, or corporation who violates this chapter, or who causes another person, firm, or corporation to violate this chapter, or who fails or refuses to comply with any regulation promulgated under this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 3 - ACCESS TO AND USE OF PUBLIC FACILITIES BY PERSONS WITH DISABILITIES (§§ 30-3-1 — 30-3-9) › Section 30-3-9 - Effectiveness of chapter in relation to federal law

(a)
Any provision of this chapter which affords persons with disabilities greater access than is required by federal law shall be fully effective.
(b)
Except as otherwise provided in subsection (a) of this Code section, to the extent that the provisions of this chapter are in conflict with the provisions of the federal Fair Housing Amendments Act of 1988, Public Law 100-430, and the regulations and guidelines promulgated pursuant to such federal act, the provisions of such federal act and regulations and guidelines shall control; but nothing in this subsection shall operate to defeat the intention of subsection (a) of this Code section.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 4 - RIGHTS OF PERSONS WITH VISUAL DISABILITIES AND DEAF PERSONS (§§ 30-4-1 — 30-4-5) › Section 30-4-1 - Definitions

As used in this chapter, the term:
(1)
"Housing accommodations" means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings but shall not include any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
(2)
"Physically disabled person" means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or to perform any related function.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 4 - RIGHTS OF PERSONS WITH VISUAL DISABILITIES AND DEAF PERSONS (§§ 30-4-1 — 30-4-5) › Section 30-4-3 - Right to housing accommodations

(a)
Blind persons, visually disabled persons, physically disabled persons, and deaf persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.
(b)
Every totally or partially blind person, every physically disabled person, and every deaf person who has a guide dog or service dog or who obtains a guide dog or service dog and every person engaged in the training of a guide dog or service dog shall be entitled to full and equal access to all housing accommodations provided for in this Code section, and he or she shall not be required to pay extra compensation for such guide dog or service dog. However, he or she shall be liable for any damage done to the premises by such guide dog or service dog.
(c)
Nothing in this Code section shall require any person renting, leasing, or otherwise providing real property for compensation to modify his or her property in any way or provide a higher degree of care for a blind, visually disabled, physically disabled, or deaf person than for a person who is not so disabled.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 4 - RIGHTS OF PERSONS WITH VISUAL DISABILITIES AND DEAF PERSONS (§§ 30-4-1 — 30-4-5) › Section 30-4-4 - Denial of or interference with admittance to or enjoyment of facilities or exercise of rights

Any person, firm, corporation, or the agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of the facilities enumerated in this chapter or otherwise interferes with the rights of a totally or partially blind person, physically disabled person, or deaf person or person engaged in the training or raising of a guide dog or service dog as provided by this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.00, imprisonment for not more than 30 days, or both.
Amended by 2007 Ga. Laws 210,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 4 - RIGHTS OF PERSONS WITH VISUAL DISABILITIES AND DEAF PERSONS (§§ 30-4-1 — 30-4-5) › Section 30-4-5 - Prohibition on discrimination against legally blind in matters of child custody, guardianship, foster care, visitation, placement, and adoption; regulation

(a)
As used in this Code section, the term:
(1)
"Department" means the Department of Human Services.
(2)
"Legally blind" means:
(A)
Having vision that is 20/200 or less in the best corrected eye; or
(B)
Having vision that subtends an angle of not greater than 20 degrees in the best corrected eye.
(3)
"Supportive parenting services" means services that may assist a legally blind parent or prospective legally blind parent in the effective use of nonvisual techniques and other alternative methods to enable the parent or prospective legally blind parent to successfully discharge parental responsibilities.
(b)
(1)
Neither a court, the department, nor a child-placing agency shall deny a party child placement, child custody, visitation, guardianship, foster care, or adoption solely because the party is legally blind, but may consider such factors as provided in paragraph (3) of subsection (a) of Code Section
19-9-3
.
(2)
Where a parent or prospective parent's disability of being legally blind is alleged to have a detrimental impact on a child, the party raising the allegation shall bear the burden of proving by a preponderance of the evidence that the parent's or prospective parent's disability of being legally blind is endangering or will likely endanger the health, safety, or welfare of the child. If this burden is met, such parent or prospective parent shall have the opportunity to demonstrate how the implementation of supportive parenting services can alleviate parental care concerns, and the court may require such services with an opportunity to review the continuation of such services within a reasonable period of time.
(3)
Where a court determines that a legally blind parent's right to custody, visitation, foster care, guardianship, or adoption should be denied or limited in any manner, the court shall make specific findings stating the basis for such a determination and why the provision of supportive parenting services is not a reasonable accommodation to prevent such denial or limitation.
(c)
The department shall promulgate rules or regulations not later than December 31, 2019, implementing the provisions of this Code section.
Added by 2019 Ga. Laws 144,§ 2, eff. 5/2/2019.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS (§§ 30-5-1 — 30-5-11) › Section 30-5-1 - Short title

This chapter shall be known and may be cited as the "Disabled Adults and Elder Persons Protection Act."
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS (§§ 30-5-1 — 30-5-11) › Section 30-5-2 - Legislative purpose

The purpose of this chapter is to provide protective services for abused, neglected, or exploited disabled adults and elder persons. It is not the purpose of this chapter to place restrictions upon the personal liberty of disabled adults or elder persons, but this chapter should be liberally construed to assure the availability of protective services to all disabled adults and elder persons in need of them.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS (§§ 30-5-1 — 30-5-11) › Section 30-5-4.1 - Discrimination and retaliation for reporting prohibited

No person shall discriminate or retaliate in any manner against:
(1)
Any person who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, who participates in an investigation, or who participates on an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team under the provisions of this chapter; or
(2)
Any disabled adult or elder person who is the subject of a report.
Added by 2020 Ga. Laws 403,§ 1, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS (§§ 30-5-1 — 30-5-11) › Section 30-5-6 - Cooperation of other public agencies with director; power of director to contract for provision of medical evaluations; regulations

(a)
The staff and physicians of local health departments, mental health clinics, and other public agencies shall cooperate fully with the director in the performance of the director's duties under this chapter.
(b)
The director may contract with an agency or private physician for the purpose of providing immediate accessible medical evaluations in the location that the director deems most appropriate.
(c)
The Board of Human Services shall adopt regulations to ensure the effective implementation of this chapter.
Amended by 2009 Ga. Laws 102,§ 2-3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS (§§ 30-5-1 — 30-5-11) › Section 30-5-7 - Confidentiality of public records; reasonable access; redaction in certain circumstances

(a)
All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction.
(b)
The following persons or agencies shall have reasonable access to such records concerning reports of elder, disabled adult, or resident abuse:
(1)
A prosecuting attorney in this state or any other state or political subdivision thereof, or the United States, who may seek such access in connection with official duty;
(2)
Police or any other law enforcement agency or law enforcement personnel of this state or any other state who are conducting an investigation into any criminal offense involving a report of known or suspected abuse, neglect, or exploitation of disabled adults or elder persons;
(3)
Agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse, neglect, or exploitation within an agency's scope of authority, unless such records are wholly owned by the federal government; and
(4)
Coroners or medical examiners in suspicious death investigations.
(c)
Any individual who made a report according to Code Section
30-5-4
can make a request to the department to know if the report or reports made by that individual have been received, whether an investigation was opened or not, and whether the investigation is still open or has been closed, and the department will respond in writing within five business days with this information, but no other case information will be released.
(d)
Any time that the record is released pursuant to this Code section, other than to law enforcement or to the district attorney or pursuant to a court order for unredacted records, the name and identifying information of the individual who made the report shall be redacted.
(e)
Records or portions of records of abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department may be released to members of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team established pursuant to Code Section
30-5-11
for reasonable use in furtherance of the purposes authorized in this Code section.
Amended by 2018 Ga. Laws 418,§ 3, eff. 7/1/2018.
Amended by 2013 Ga. Laws 132,§ 1-8, eff. 7/1/2013.
Amended by 2009 Ga. Laws 102,§ 2-14, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS (§§ 30-5-1 — 30-5-11) › Section 30-5-8 - Criminal offenses and penalties

(a)
(1)
It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section
30-5-4
to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report.
(2)
Any person violating the provisions of this Code section shall be guilty of a misdemeanor.
(b)
Any violation of this Code section shall constitute a separate offense.
Amended by 2013 Ga. Laws 132,§ 1-9, eff. 7/1/2013.
Amended by 2012 Ga. Laws 617,§ 1, eff. 7/1/2012.
Amended by 2010 Ga. Laws 624,§ 30, eff. 6/3/2010.
Amended by 2009 Ga. Laws 147,§ 2, eff. 7/1/2009.
Amended by 2007 Ga. Laws 126,§ 2, eff. 7/1/2007.
Amended by 2003 Ga. Laws 50, § 1A, eff. 7/1/2003.
Amended by 2001 Ga. Laws 194.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS (§§ 30-5-1 — 30-5-11) › Section 30-5-9 - Applicability to employment relationship

Nothing in this chapter shall be construed to limit the application of Code Section
34-7-1
to the employment relationship between a disabled adult or elder person and his or her employer or to create a new cause of action as a result of the employment relationship.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS (§§ 30-5-1 — 30-5-11) › Section 30-5-10 - Cooperative effort in development of programs relating to abuse and exploitation of disabled adults, elder persons, and residents of long-term care facilities

The department, the Georgia Peace Officer Standards and Training Council, the Prosecuting Attorneys' Council of the State of Georgia, and the Institute of Continuing Judicial Education shall develop programs for the education and training of social services, criminal justice, and judicial professionals concerning the abuse, neglect, and exploitation of disabled adults, elder persons, and residents of long-term care facilities, as defined in Code Section
16-5-100
. Said agencies, together with any other agency of this state which is involved in the investigation of the abuse, neglect, or exploitation of disabled adults, elder persons, and residents of long-term care facilities, as defined in Code Section
16-5-100
, are directed to cooperate in the development of such training programs to the extent allowable under Article I, Section II, Paragraph III of the Constitution of this state.
Amended by 2013 Ga. Laws 132,§ 1-10, eff. 7/1/2013.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 6 - PERSONAL ASSISTANCE PROGRAM FOR PERSONS WITH DISABILITIES (§§ 30-6-1 — 30-6-5) › Section 30-6-1 - Short title

This chapter shall be known and may be cited as the "Personal Assistance Program for Persons With Disabilities Act."
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 6 - PERSONAL ASSISTANCE PROGRAM FOR PERSONS WITH DISABILITIES (§§ 30-6-1 — 30-6-5) › Section 30-6-2 - Purpose

The purpose of this chapter is to allow persons with severe disabilities to live as self-sufficiently as possible.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 6 - PERSONAL ASSISTANCE PROGRAM FOR PERSONS WITH DISABILITIES (§§ 30-6-1 — 30-6-5) › Section 30-6-3 - "Personal assistance" defined

As used in this chapter, the term "personal assistance" means assistance which is required by a person with severe disabilities to achieve greater independence and which includes, but is not limited to, assistance with:
(1)
Routine bodily functions such as bowel or bladder care;
(2)
Dressing;
(3)
Household management, including, but not limited to, housecleaning and personal correspondence;
(4)
Preparation and consumption of food;
(5)
Moving in and out of bed;
(6)
Routine bathing;
(7)
Transportation, community errands, and activities; and
(8)
Any other similar activity of daily living.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 6 - PERSONAL ASSISTANCE PROGRAM FOR PERSONS WITH DISABILITIES (§§ 30-6-1 — 30-6-5) › Section 30-6-4 - Authority of Georgia Vocational Rehabilitation Agency to establish program

The Georgia Vocational Rehabilitation Agency is authorized to establish a personal assistance program for persons with severe disabilities residing in the State of Georgia.
Amended by 2012 Ga. Laws 608,§ 3, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 6 - PERSONAL ASSISTANCE PROGRAM FOR PERSONS WITH DISABILITIES (§§ 30-6-1 — 30-6-5) › Section 30-6-5 - Establishment of standards and guidelines

The Georgia Vocational Rehabilitation Agency, in conjunction with the Statewide Independent Living Council and other appointed users of personal assistance, shall develop standards necessary for the proper administration of the personal assistance program and shall establish guidelines for eligibility, services, training, and evaluation under the program.
Amended by 2012 Ga. Laws 608,§ 3, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 7 - BLIND PERSONS' LITERACY RIGHTS AND EDUCATION (§§ 30-7-1 — 30-7-4) › Section 30-7-1 - Short title

This chapter shall be known and may be cited as the "Blind Persons' Literacy Rights and Education Act."
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 7 - BLIND PERSONS' LITERACY RIGHTS AND EDUCATION (§§ 30-7-1 — 30-7-4) › Section 30-7-2 - Definitions

As used in this chapter, the term:
(1)
"Blind student" means an individual who is eligible for special education services and who:
(A)
Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or
(B)
Has a medically indicated expectation of visual deterioration.
(2)
"Braille" means the system of reading and writing through touch commonly known as standard English Braille.
(3)
"Individualized education program" means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act,
20 U.S.C.A. Section 1401(a)(20)
.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 7 - BLIND PERSONS' LITERACY RIGHTS AND EDUCATION (§§ 30-7-1 — 30-7-4) › Section 30-7-3 - Individualized education program for blind students; evaluation of Braille skills

(a)
Each blind student must be identified and, if appropriate, offered an individualized education program in consultation with a parent or legal guardian. While Braille is not required, it is presumed that Braille reading and writing are valuable skills and as needed are to be considered in the student's transition plan.
(b)
No child who is blind may be denied the opportunity to receive instruction in Braille reading and writing if the child has the ability to read and write print.
(c)
Each blind student shall be evaluated to determine the need for Braille skills. The purpose of the evaluation shall be to determine the appropriate reading and writing media for the individual child.
(d)
Nothing in this Code section shall require the inclusion of Braille in a blind student's individualized education program.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 7 - BLIND PERSONS' LITERACY RIGHTS AND EDUCATION (§§ 30-7-1 — 30-7-4) › Section 30-7-4 - Elements of individualized education program

(a)
Instruction in Braille reading and writing shall be sufficient to enable each blind student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level.
(b)
For a student whose visual impairment affects the student's reading and writing performance in relation to the student's ability such that Braille instruction and use are indicated, an individualized education program shall include the following:
(1)
The results obtained from the evaluation required under Code Section
30-7-3
;
(2)
How instruction in Braille will be implemented as the primary mode for learning through integration with other classroom activities;
(3)
The date on which Braille instruction will commence;
(4)
The length of the period of instruction and the frequency and duration of each instructional session; and
(5)
The level of competency in Braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used.
(c)
For a student whose reading and writing performance is evaluated as commensurate with the student's ability despite visual impairment so that Braille instruction and use are not required for the student's individualized education program, the minutes of the individualized education program meeting shall include a statement which documents that the absence of Braille instruction or use will not impair the student's ability to read and write effectively.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-1 - Short title

This chapter shall be known and may be cited as the "Georgia Achieving a Better Life Experience (ABLE) Act."
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-2 - Legislative intent

(a)
It is the intent of the legislature to authorize the establishment of a qualified ABLE program in this state to encourage and assist the saving of private funds in tax-exempt accounts in order to pay for the qualified disability expenses of eligible individuals with disabilities.
(b)
It is also the intent of the legislature that any qualified ABLE program established in this state be implemented in a manner that is consistent with federal law authorizing the program and that maximizes program efficiency and effectiveness.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-3 - Definitions

As used in this chapter, the term:
(1)
"ABLE account" means an account established and owned by an eligible individual pursuant to this chapter.
(2)
"Board" means the board of directors of the Georgia ABLE Program Corporation.
(3)
"Corporation" means the Georgia ABLE Program Corporation created pursuant to Code Section
30-9-4
.
(4)
"Designated beneficiary" means the eligible individual who establishes an ABLE account or to whom an ABLE account is transferred.
(5)
"Eligible individual" means an eligible individual as defined in Section 529A of the Internal Revenue Code.
(6)
"Georgia ABLE program" or "program" means a qualified ABLE program established pursuant to this chapter.
(7)
"Internal Revenue Code" has the meaning provided in Code Section
48-1-2
.
(8)
"Participation agreement" means the agreement between the board and an eligible individual participating in the Georgia ABLE Program Trust Fund or his or her fiduciary.
(9)
"Qualified ABLE Program" means a program established pursuant to Section 529A of the Internal Revenue Code.
(10)
"Qualified disability expense" means an expense as defined in Section 529A of the Internal Revenue Code.
(11)
"Trust fund" means the Georgia ABLE Program Trust Fund.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-5 - Georgia ABLE Program established for participants to make contributions to accounts for purpose of meeting qualified disability expenses of designated beneficiary

(a)
The board shall be authorized to establish a Georgia ABLE Program under which a person may make contributions for a taxable year, for the benefit of an eligible individual, to an ABLE account established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the ABLE account. Any such program shall be administered by the corporation. Contributions and investment earnings on the contributions may be used for any qualified disability expenses of the designated beneficiary. Only one ABLE account may be established for any eligible individual.
(b)
In addition to or in lieu of establishing a Georgia ABLE Program pursuant to subsection (a) of this Code section, the corporation may:
(1)
Enter into an agreement with another state which allows the residents of such state to participate under the Georgia ABLE Program;
(2)
Enter into an agreement with one or more states or a consortium of states that has a qualified ABLE program to allow residents of this state to participate in the qualified ABLE program of such other state, states, or consortium; or
(3)
Facilitate or otherwise provide access to allow residents of this state to participate in qualified ABLE programs operated by other states.
(c)
If a Georgia ABLE Program is established pursuant to subsection (a) of this Code section, it shall continue in existence until terminated by law. If the state determines that the program is financially infeasible, the state may terminate the program. Upon termination, amounts in the trust fund held for each designated beneficiary shall be returned in accordance with the participation agreement.
(d)
The state pledges to the designated beneficiaries that the state will not limit or alter their rights under this Code section which are vested in the Georgia ABLE Program until the program's obligations are met and discharged. However, this subsection shall not preclude such limitation or alteration if adequate provision is made by law for the protection of the designated beneficiaries pursuant to the obligations of the corporation and does not preclude termination of the program pursuant to subsection (c) of this Code section.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-6 - Duties of board with respect to operating a Georgia ABLE Program

If the board establishes a Georgia ABLE Program pursuant to Code Section
30-9-5
, the board shall:
(1)
Establish, implement, and maintain the program as a qualified ABLE program under Section 529A of the Internal Revenue Code;
(2)
Provide for the marketing of the program and develop and provide information to eligible individuals and their families necessary to establish and maintain an ABLE account; and
(3)
Make participation agreements and ABLE accounts available to eligible individuals.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-7 - Terms and conditions of participation agreements

(a)
Each participation agreement entered into pursuant to this chapter shall include the following terms and conditions:
(1)
The participation agreement shall not constitute a debt or obligation of the state;
(2)
Participation in the Georgia ABLE Program does not guarantee that sufficient funds will be available to cover all qualified disability expenses for any designated beneficiary and does not guarantee the receipt or continuation of any product or service for the designated beneficiary;
(3)
The establishment of an ABLE account in violation of federal law is prohibited;
(4)
Contributions in excess of the limitations set forth in Section 529A of the Internal Revenue Code are prohibited;
(5)
The state is a creditor of ABLE accounts as, and to the extent, set forth in Section 529A of the Internal Revenue Code; and
(6)
Material misrepresentations by a party to the participation agreement, other than the Georgia ABLE Program Corporation, in the application for the participation agreement or in any communication with the Georgia ABLE Program Corporation regarding the Georgia ABLE Program may result in the involuntary liquidation of the ABLE account. If an account is involuntarily liquidated, the designated beneficiary is entitled to a refund, subject to any fees or penalties provided by the participation agreement and the Internal Revenue Code.
(b)
A participation agreement entered into pursuant to this chapter may include terms and conditions specifying:
(1)
The requirements and applicable restrictions for opening an ABLE account;
(2)
The eligibility requirements for a party to the participation agreement and the rights of the party;
(3)
The requirements and applicable restrictions for making contributions to an ABLE account;
(4)
The requirements and applicable restrictions for directing the investment of the contributions or balance of the ABLE account;
(5)
The administrative fee and other fees and penalties applicable to an ABLE account;
(6)
The terms and conditions under which an ABLE account or a participation agreement may be modified, transferred, or terminated; and
(7)
Any other terms and conditions that the board deems necessary or appropriate, including without limitation those necessary to conform the participation agreement with the requirements of Section 529A of the Internal Revenue Code or other applicable federal laws.
(c)
A participation agreement may be amended throughout its term for purposes that include, but are not limited to, allowing a participant to increase or decrease the level of participation and to change designated beneficiaries and other matters authorized by this Code section and Section 529A of the Internal Revenue Code.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-9 - Taxation by state pursuant to Code Section 48-7-27; exempt from taxation by political subdivisions

The trust fund and ABLE account property and income shall be subject to taxation by the state only as provided by paragraph (10.1) of subsection (b) of Code Section
48-7-27
and shall not be subject to taxation by any of the state's political subdivisions.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-11 - Amounts in ABLE account not considered in determining eligibility for certain public assistance

Notwithstanding any other provision of state or local law or regulation that requires consideration of the financial circumstances of an applicant for local, state, or federal public assistance or a benefit provided under that law, the agency or entity making the determination of eligibility for such assistance or benefit may not consider the amount in the applicant's ABLE account or in an applicant's ABLE account established pursuant to an ABLE program in another state, including earnings on that amount, and any distribution for qualified disability expenses in determining the applicant's eligibility to receive the amount of the assistance or benefit with respect to the period during which the individual maintains any such ABLE account.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-12 - Annual reports

(a)
If the board creates the Georgia ABLE Program Trust Fund pursuant to Code Section
30-9-8
, the board shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the Georgia Able Trust Fund at the close of each fiscal year. Such report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives. In addition, the board shall make the report available to account contributors and designated beneficiaries in the trust fund upon written request and may charge a reasonable fee for such report. The accounts of the trust fund shall be subject to annual audits by the state auditor or his or her designee.
(b)
Statements shall be provided to each designated beneficiary at least four times each year within 30 days after the end of the quarterly period to which a statement relates. The statement shall identify the contributions made during the preceding quarter, the total contributions made to the account through that quarter, the value of the account on the last day of that quarter, distributions made during that quarter, and any other information that the state treasurer requires to be reported to the designated beneficiary.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-13 - Provision of public information and outreach

The Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, the Department of Human Services, the Georgia Vocational Rehabilitation Agency, and the Department of Education shall assist, cooperate, and coordinate with the corporation in the provision of public information and outreach for a board approved Qualified ABLE Program.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-14 - Death of designated beneficiary of ABLE Trust fund

(a)
Upon the death of a designated beneficiary of a Georgia ABLE Trust Fund account, the Department of Community Health and the Medicaid program for another state may file a claim with the Georgia ABLE Program for the total amount of medical assistance provided for the designated beneficiary under the Medicaid program after the date of the establishment of the ABLE account, less any premiums paid by or on behalf of the designated beneficiary to a Medicaid buy-in program. Funds in the ABLE account of the deceased designated beneficiary must first be distributed for qualified disability expenses followed by distributions for the Medicaid claim authorized under this subsection. Any remaining amount shall be distributed as provided in the participation agreement.
(b)
The corporation shall assist and cooperate with the Department of Community Health and Medicaid programs in other states upon the death of a designated beneficiary of the trust fund by coordinating through the Department of Community Health with the information needed to accomplish the purpose and objective of subsection (a) of this Code section.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-15 - Assignment of ABLE account prohibited

An ABLE account may not be assigned for the benefit of creditors, used as security or collateral for any loan, or otherwise subject to alienation, sale, transfer, assignment, pledge, encumbrance, or charge. Except as provided in Code Section
30-9-14
, moneys paid into or out of an ABLE account, and the income and assets of such account, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any designated beneficiary or account contributor.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.