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H. 3568
STATUS INFORMATION
General Bill
Sponsors: Rep. Rice
Document Path: l:\council\bills\nbd\11320ac05.doc
Introduced in the House on February 16, 2005
Currently residing in the House Committee on Ways and Means
Summary: Commission for the Blind abolished
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/16/2005 House Introduced and read first time HJ-12 2/16/2005 House Referred to Committee on Ways and Means HJ-13
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION FOR THE BLIND, SO AS TO ESTABLISH THE DIVISION OF SERVICES FOR THE BLIND WITHIN THE SOUTH CAROLINA STATE AGENCY FOR VOCATIONAL REHABILITATION, TO ABOLISH THE COMMISSION AND TRANSFER ITS POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA STATE AGENCY FOR VOCATIONAL REHABILITATION, RETAINING CERTAIN PROGRAM RESPONSIBILITIES FOR THE DIVISION AND MERGING OTHER RESPONSIBILITIES, INCLUDING ADMINISTRATIVE FUNCTIONS OF THE FORMER COMMISSION WITH THE STATE AGENCY FOR VOCATIONAL REHABILITATION; TO AMEND CHAPTER 31, TITLE 43, RELATING TO VOCATIONAL REHABILITATION, SO AS TO PROVIDE THAT THE GOVERNOR, RATHER THAN THE AGENCY BOARD, SHALL APPOINT THE DIRECTOR OF VOCATIONAL REHABILITATION WHO SHALL ADMINISTER THE PROVISIONS OF THIS CHAPTER, TO PROVIDE THAT THE BOARD OF THE STATE AGENCY OF VOCATIONAL REHABILITATION IS AN ADVISORY BOARD, AND TO TRANSFER THE DUTIES AND RESPONSIBILITIES OF THE FORMER BOARD TO THE DIRECTOR OF VOCATIONAL REHABILITATION AND TO CONFORM THE PROVISIONS OF THIS CHAPTER WITH THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 25, Title 43 of the 1976 Code is amended to read:
Section 43-25-10. (A) There is hereby created the South Carolina Commission Division of Services for the Blind within the South Carolina State Agency of Vocational Rehabilitation. The Commission shall consist of seven members, one from each of the six Congressional Districts and one from the State at large, of whom three shall have a visual acuity not to exceed 20/200 . The Governor shall, with the advice and consent of the Senate, appoint the members of the Commission for terms of four years and until their successors are appointed and qualify. All vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. The members of the Commission shall elect one of its members as chairman for a term of two years or until his successor has been elected. The chairman shall preside at the regular meetings of the Commission to be held at least once each month. The chairman may call a meeting when he deems it necessary to be held at a time to be determined by the Commission. The Commission shall appoint a commissioner and such other officers as it deems necessary, none of whom shall be a member of the Commission, and shall fix the compensation and prescribe the duties of such appointees. The members of the Commission shall receive no salary but shall be allowed the usual mileage, subsistence and per diem as authorized by law for commissions, committees and boards.
(B) The South Carolina Commission for the Blind is abolished and all powers, duties, and responsibilities of the commission, not otherwise reserved for the Division of Services for the Blind, are transferred to and devolved upon the South Carolina State Agency of Vocational Rehabilitation.
(C) The Director of the State Agency for Vocation Rehabilitation shall:
(1) carry out the administrative responsibilities of this chapter, including appointing the Director of the Division of Services for the Blind who shall oversee the daily operations of the division;
(2) upon consultation with the Division of Services for the Blind, promulgate regulations necessary to carry out the provisions of this chapter;
(3) apply for, receive, and disburse funds from all governmental agencies, both state and federal, on behalf of the division; and accept gifts, grants, donations, devises, and bequests made for providing aid to the visually handicapped, including expenses of administration.
Section 43-25-30. (A) The Commission Division of Services for the Blind shall:
(1) Promulgate rules and regulations as may be necessary to carry out the provisions of this chapter.
(2) Apply for, receive and expend moneys from all governmental agencies, both State and Federal; and accept gifts, grants, donations, devises and bequests made for providing aid to the visually handicapped, including expenses of administration. All such funds shall be paid into the State Treasury.
(3) submit to the Governor and publish an annual report showing the total amount of money disbursed, the total number of blind and visually handicapped persons who received services, and such other information as may be deemed advisable.;
(4)(2) maintain a complete register of persons whose vision, with correcting lenses, does not exceed 20/200 which shall also must include the conditions, cause of loss of sight, capacity for educational and industrial training of each, and other pertinent facts.;
(5)(3) maintain bureaus of information and industrial aid to assist the visually handicapped in finding employment and to teach them industries which may be followed in their homes, and to assist them in whatever manner may seem advisable to the Commission division in disposing of the products of their home industry.;
(6)(4) make inquiries concerning the cause of loss of sight, learn what proportion of these cases are preventable and inaugurate and cooperate with the State in any measure as may seem wise.;
(7)(5) cooperate with the State Department of Health and Environmental Control in the adoption and enforcement of proper preventive measures.;
(8)(6) establish, equip, and maintain a center for vocational, industrial, and other training and employ qualified instructors in accordance with subsection (B). The center shall provide for orientation and adjustment for the visually handicapped. Training in such these centers shall must be limited to persons deemed determined to be eligible by the Commission division.;
(9)(7) supervise and control all concession stands established and operated formerly by the State Department of Social Services and all concession stands established by the Commission. division;
(10)(8) have the authority to enter into contracts with owners of private property for the purpose of installing concession stands, which shall must be under the control of the Commission. division;
(11)(9) establish, supervise, and render totally operative and effective prevention of loss of sight programs using such those facilities in the State as the Commission division may deem consider necessary, including a mobile ophthalmological laboratory and office.;
(12)(10) assist in the furtherance of the purposes of Sections 44-43-110 to 44-43-160 and 44-7-10.
(B) The director of the division shall recruit, hire and fire, and evaluate employees of the division with the Director of the State Agency of Vocational Rehabilitation having final authority in these matters.
Section 43-25-35. In addition to all funds appropriated to or allocated for the Division of Services for the Blind, twelve percent of Section 110 funds, federal grant appropriations, must be allocated to and disbursed by the State Agency of Vocational Rehabilitation to the division to carry out its responsibilities under this chapter.
Section 43-25-40. The Commission Division of Services for the Blind shall designate the procedure to be followed and shall establish a register of ophthalmologists from which the applicant may select one to conduct a competent medical examination for determining the extent of his visual handicap. The Commission division shall pay for such examination.
Section 43-25-50. The Commission Division of Services for the Blind may arrange for the examination of the eyes of visually handicapped persons and may secure and pay for medical and surgical treatment for such these persons whenever in the judgment of an ophthalmologist the eyes of such this person may be benefited thereby by this treatment. Whenever, upon examination by an ophthalmologist any, a person is found to have no vision or vision with glasses which is so defective as to prevent the performance of ordinary activities for which eyesight is essential, such the examining ophthalmologist shall, within thirty days, report the results of the examination to the Commission division.
Section 43-25-60. The Commission Division of Services for the Blind may employ qualified itinerant teachers to assist teachers in public or private schools who are responsible for the teaching of visually handicapped students with visual handicaps. The itinerant teacher shall assist the public or private school teacher by providing methods and materials for teaching such student these students. The State Department of Education shall report to the Commission division the schools having visually handicapped students with visual handicaps. All principals or heads of private schools shall report to the Commission division the names of visually handicapped students with visual handicaps in attendance.
Section 43-25-70. The Commission Division of Services for the Blind is empowered to operate concession stands in any State, county, or municipal building and in any state park and shall negotiate with the proper agency or governing body regarding the establishment of a concession on such property. In buildings where a stand existed on May 25, 1940, the person who was then operating such a the stand shall must not be removed, but when such the operator ceases to operate such the stand the concession for further operation shall must be granted to the Commission division. No rental or other charge shall may be required by the Commission division for the granting of an operation permit. Any rental payment or commission charged by the owner of private property for the location of such a stand shall must be collected from the operator of the stand by the Commission division. No charge shall may be made for the installation or operation of a concession stand or for the maintenance of equipment of a concession stand regardless of location.
Section 43-25-80. Any sums appropriated by the General Assembly for treatment and training of the visually handicapped shall persons with visual handicaps must be kept by the State Treasurer in a fund for the treatment and training of the visually handicapped persons with visual handicaps and shall must be used to carry out the particular purpose assigned to it.
Section 43-25-90. Every person aggrieved by an action of the Commission shall Division of Services for the Blind must be granted, upon request, a hearing before a hearing officer assigned by the Commission State Agency of Vocational Rehabilitation. The hearing officer shall not be a member of the Commission. The hearing officer shall have has authority to conduct hearings, to issue subpoenas requiring the attendance of witnesses and the production of records and other documents, to administer oaths, and to take testimony. An appeal may be taken from the decision of the hearing officer to the Commission for the blind. The Commission shall hold a hearing on the matter which shall be attended by at least three members. An appeal may be taken from the decision of the Commission to the court of common pleas for the county where the appellant resides and the matter shall be heard de novo in the court as a matter of equity. The appellant shall, within ten days after notice of the decision of the Commission, serve notice of appeal upon the chairman of the Commission, stating grounds upon which the appeal is founded and file such notice with the clerk of court to which such appeal is taken. Such appeal shall act as a supersedeas until it is finally determined. The clerk of court shall place the case upon the docket for trial Administrative Law Court in accordance with the Administrative Procedures Act.
Section 43-25-100. The powers and duties of the Division for the Blind of the State Department of Social Services including, but not limited to, the distribution of talking book machines, vocational rehabilitation, and other special services for the visually handicapped persons with visual handicaps except those duties and responsibilities surrounding the administration of the State Federal Program of Aid to the Needy Blind shall be previously devolved upon the South Carolina Commission for the Blind are devolved upon the Division of Services for the Blind."
SECTION 2. Chapter 31, Title 43 of the 1976 Code is amended to read:
Section 43-31-10. This chapter shall may be cited as 'The Vocational Rehabilitation Act of South Carolina'.
Section 43-31-20. It is hereby declared to be the policy of this State to provide rehabilitation services to the extent needed and feasible, to eligible handicapped individuals with disabilities throughout the State, to the end that they may engage in useful and remunerative occupations to the extent of their capabilities, thereby increasing their social and economic well-being and that of their families, and the productive capacity of this State and nation, also thereby reducing the burden of dependency on families and taxpayers.
Section 43-31-30. For the purposes of this chapter:
(1) The term 'Agency' means the State Agency of Vocational Rehabilitation.
(2) The term 'Commissioner 'Director' means the Commissioner Director of the State Agency of Vocational Rehabilitation appointed by the Agency.
(3)(a) The term 'Vocational rehabilitation services' means diagnostic and related services, (including transportation), incidental to the determination of eligibility for, and the nature and the scope of, services to be provided; training, guidance, and placement services for physically handicapped individuals with disabilities; and, in the case of any such an individual found to require financial assistance with respect thereto to his or her disability, after full consideration of his or her eligibility for any similar benefit by way of pension, compensation, and insurance, any other goods and services necessary to render such the individual fit to engage in a remunerative occupation, (including remunerative homebound work), and including the following physical restoration and other goods and services:
(a)(i) corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes a substantial handicap impediment to employment, but is of such a nature that such correction or modification may reasonably be expected to eliminate or substantially reduce such handicap the impediment within a reasonable length of time;
(b)(ii) necessary hospitalization in connection with surgery or treatment specified in paragraph (a) of this subsection subitem (i);
(c)(iii) such prosthetic devices as are essential to obtaining or retaining employment;
(d)(iv) maintenance shall must be furnished only in order to enable an individual to derive the full benefit of other vocational rehabilitation services being provided;
(e)(v) tools, equipment, initial stocks and supplies, (including equipment and initial stocks and supplies for vending stands), and books and training materials, to any or all of which the State may retain legal title; and
(f)(vi) transportation, (except where necessary in connection with determination of eligibility or nature and scope of services); and
(vii) occupational licenses.
Such term (b) Vocational rehabilitation services also includes include:
(g)(i) the acquisition of vending stands or other equipment and initial stocks and supplies for use by severely handicapped individuals with severe disabilities in any type of small business, the operation of which will be improved through management and supervision by the State agency; and
(h)(ii) the establishment of public and other nonprofit rehabilitation facilities to provide services for physically handicapped individuals with disabilities and the establishment of public and other nonprofit workshops for the severely handicapped individuals with severe disabilities.
(4) The term 'physically handicapped 'Individual with a disability' means any an individual, except an individual qualifying under vocational rehabilitation of the blind, who is under has a physical or mental disability which constitutes a substantial handicap impediment to employment, but which is of such a nature that vocational rehabilitation services may reasonably be expected to render him fit the individual able to engage in a remunerative occupation, and persons who are severely handicapped and with severe disabilities who are of employable age with a physical or mental disability so handicapping as to require that they be institutionalized or have the services of an attendant in order to provide themselves with their daily living requirements.
(5) The term 'Remunerative occupation' includes means employment as an employee or self-employed; practice of a profession; homemaking, farm or family work for which payment is in kind rather than in cash; sheltered employment, and home industry or other homebound work of a remunerative nature.
(6) The term 'Rehabilitation facility' means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals with disabilities:
(a) which provides for one or more of the following types of services:
(i) testing, fitting, or training in the use of prosthetic devices,;
(ii) prevocational or conditional therapy,;
(iii) physical or occupational therapy,;
(iv) adjustment training; or
(v) evaluation or control of special disabilities; or
(b) through which is provided an integrated program of medical, psychological, social, and vocational evaluation and services under competent professional supervision; provided, that if the major portion of such the evaluation and services is furnished within the facility and that if all medical and related health services are prescribed by, or are under the formal supervision of, persons licensed to practice medicine or surgery in the State.
(7) The term 'Workshop' means a place where any manufacture or handiwork is carried on and which is operated for the primary purpose of providing remunerative employment to severely handicapped individuals with severe disabilities who cannot be readily absorbed in the competitive labor market.
(8) The term 'Nonprofit', when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code of 1954 1986.
(9) 'Establishment of a workshop or rehabilitation facility' means:
(a) in the case of a workshop, the expansion, remodeling, or alteration of existing buildings necessary to adapt such these buildings to workshop purposes or to increase the employment opportunities in workshops, and the acquisition of initial equipment necessary for new workshops or to increase the employment opportunities in workshops; and
(b) in the case of a rehabilitation facility, the expansion, remodeling, or alteration of existing buildings, and initial equipment of such these buildings, necessary to adapt such these buildings to rehabilitation facility purposes or to increase their effectiveness for such these purposes, (subject, however, to such these limitations as the Secretary of the Department of Health, Education, and Welfare may by regulations prescribe in order to prevent impairment of the objectives of, or duplication of, other federal laws providing federal assistance to states in the construction of such these facilities), and initial staffing thereof (, of these facilities for a period not exceeding one year).
(10) The term 'Eligible physically handicapped individual with a disability', when used with respect to diagnostic and related services, training, guidance, and placement, means any physically handicapped a person with a disability, except a person qualifying under vocational rehabilitation for the blind, whose vocational rehabilitation or self-care rehabilitation is determined feasible by the Commissioner director, and, when used with respect to other vocational rehabilitation services, means an individual meeting the above this requirement who is also found by the Commissioner director to require financial assistance with respect thereto to his or her disability, after full consideration of his or her eligibility for any similar benefit by the way of pension, compensation, and insurance.
(11) The term 'Self care rehabilitation services' means such diagnostic, psychological, medical, surgical, physical restoration, guidance, training, and related services, including equipment and prosthetic appliances and training in their use, needed to enable a severely handicapped person with a severe disability to dispense with or largely dispense with the need for institutional care or for the services of an attendant and to achieve, in so far as practicable, the ability for independent living.
(12) The term 'Eligible' or 'eligibility' when used in relation to an individual's qualification for vocational rehabilitation services, means a certification that:
(1)(a) a physical or mental disability is present;
(2)(b) a substantial handicap impediment to employment exists; and
(3)(c) vocational rehabilitation services may reasonably be expected to render the individual fit able to engage in a gainful occupation.
Section 43-31-40. The Governor shall appoint a the State Agency of Vocational Rehabilitation Advisory Board to be composed of seven members, which Agency shall provide advice and recommendations to the Director of Vocational Rehabilitation for the administration of this chapter. The members of the Agency advisory board shall consist of one member from each congressional district and one member at large. The Governor, upon the advice and consent of the Senate, shall appoint the members. The members first appointed having been designated by the Governor to serve for terms of one, two, three, four, five, six and seven years respectively, each member of the Agency advisory board thereafter shall must be appointed for a term of seven years. The terms of office shall must always remain staggered so that the term of one member shall expire expires every year with appointments to fill unexpired terms caused by death, resignation, or disability.
Section 43-31-50. The Agency advisory board shall elect a chairman and shall meet quarterly in regular session and on call by the chairman when necessary for the transaction of Agency business. Agency Advisory board members shall receive such per diem and mileage as is provided by law for members of boards, commissions, and committees.
Section 43-31-60. (A) The agency shall provide the vocational rehabilitation services authorized by this chapter to every physically handicapped individual with a disability determined by the Commissioner director to be eligible therefor for these services, as defined by Section 43-31-30, subsection (10), and in carrying out the purposes of this chapter, the agency is authorized, among other things, to:
(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this chapter to disabled individuals with disabilities, in studying the problems involved therein in assisting individuals with disabilities, 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 states concerned;
(3) To conduct research and compile statistics relating to the provision of services to or the need of services by disabled individuals with disabilities;
(4) To enter into contractual arrangements with the federal government and with other authorized public agencies or persons for performance of services related to vocational rehabilitation;
(5) To contract with schools, hospitals, and other agencies, and with doctors, optometrists, nurses, technicians, and other persons, for training, physical restoration, transportation, and other vocational rehabilitation services;
(6) To take such action as may be necessary to enable the agency to apply for, accept, and receive for the State and its residents the full benefits available under the Vocational Rehabilitation Act of Congress and any amendments thereto to this act, and under any other federal legislation or program having as its purpose the providing of, improvement, or extension of, vocational rehabilitation services.
(B) The agency shall not assume responsibility for permanent custodial care of any individual and shall provide rehabilitation services only for a period long enough to accomplish the rehabilitation objective or to determine that rehabilitation is not feasible through the services which that can be made available to the individual being served.
Section 43-31-70. The Agency Governor shall appoint a Commissioner the Director of Vocational Rehabilitation, with the advice and consent of the Senate, in accordance with established personnel standards and on the basis of his education, training, experience, and demonstrated ability. The Commissioner director shall serve as secretary and executive officer of the agency.
Section 43-31-80. In carrying out his duties under this chapter, the Commissioner director:
(1) shall, with the approval of the Agency, make promulgate regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, and investigation and determination therefor of eligibility, for vocational rehabilitation and other services, procedures for fair hearings, and such other regulations as he finds necessary to carry out the purposes of this chapter;
(2) shall, with the approval of the Agency, establish appropriate subordinate administrative units;
(3) shall, with the approval of the Agency, appoint such personnel as he deems considers necessary for the efficient performance of the functions of the agency;
(4) shall prepare and submit to the Agency Governor annual reports of activities and expenditures and, prior to each regular session of the legislature, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;
(5) shall make certification for disbursement, in accordance with regulations, of funds available, for carrying out the purposes of this chapter;
(6) shall, with the approval of the Agency, take such other action as he deems considers necessary or appropriate to carry out the purposes of this chapter;
(7) may, with the approval of the Agency, delegate to any officer or employee of this agency such of his powers and duties, except the making of regulations and the appointment of personnel, as he finds necessary to carry out the purposes of this chapter.
Section 43-31-90. This chapter shall must be administered under the general supervision and direction of the Agency by the Commissioner Director of Vocational Rehabilitation.
Section 43-31-100. Pursuant to the policy declared in Section 43-31-20, the vocational rehabilitation services shall must be provided under this chapter to persons throughout the State, and the vocational rehabilitation plan adopted pursuant to this chapter shall must be in effect in all political subdivisions of the State.
Section 43-31-110. Rehabilitation services provided under the State plan shall must be available to any civil employee of the United States disabled while in the performance of his duty, on the same terms and conditions as apply to other persons.
Section 43-31-120. There is created a special fund, to be known as the 'Vocational Rehabilitation Fund'. The fund shall consist of all moneys appropriated by this State and all moneys received from the United States or any other source for such the purpose, as provided by this chapter. All moneys in this fund shall must be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as provided by law for other public funds in the State Treasury. All moneys in this fund are appropriated and made available to the agency, and shall must be expended solely for the purposes of this chapter. Any balances in the fund shall do not lapse at any time but shall must be continuously available to the agency for expenditure consistent with this chapter. The agency, acting through the Commissioner director, shall issue its requisition for payment of all costs of administering this chapter to the Comptroller General, who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the vocational rehabilitation fund.
Section 43-31-130. (1)(A) The Commissioner director may, with the approval of the Agency, accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the Agency director are proper and consistent with the provisions of this chapter may be so accepted and shall must be held, invested, reinvested, and used in accordance with the condition of the gift.
(2)(B) The acceptance of federal funds and other funds, and their use for vocational rehabilitation, subject to such restrictions as may be imposed by the donor and not inconsistent with this chapter, is hereby authorized.
(3)(C) Federal grants and donations for vocational rehabilitation services, unless otherwise restricted, shall must be available for all vocational rehabilitation services provided under the State plan, and also for the purpose, whenever federal funds are made available to the State under Section 3 of the Federal Vocational Rehabilitation Amendments of 1954, for of the extension and improvement of vocational rehabilitation services, or under Section 4 of such that act for projects for research, demonstrations, training and traineeships, and for the planning for and initiating expansion of vocational rehabilitation services under the State plan.
Section 43-31-140. The General Assembly shall appropriate for vocational rehabilitation such sums as are necessary, along with available federal and other funds, to carry out the purposes of this chapter.
Section 43-31-145. As required by the Federal Vocational Rehabilitation Acts, and any amendments thereto to those acts, including rules and regulation regulations issued pursuant to such these acts, the State Agency of Vocational Rehabilitation shall give full consideration to any similar benefits available to a handicapped an individual with a disability, including private, group, or other insurance benefits, to meet, in whole or in part, the cost of any vocational rehabilitation services prior to expenditure of public funds. To the extent that an individual is eligible for other benefits, including private, group, or other insurance benefits, such these benefits shall must be utilized insofar as possible. Insurance carriers shall must not deny payment of benefits otherwise available solely on the basis that a handicapped an individual with a disability has applied for, or has been deemed eligible to receive, vocational rehabilitation services as provided by the State Agency of Vocational Rehabilitation.
Section 43-31-150. It shall be is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person to solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, communications of the State or subdivisions or agencies thereof of the State, or acquired in the course of the performance of official duties without the written consent of each such applicant and recipient. The records, papers, files, and communications shall must be regarded as confidential information and privileged.
Section 43-31-160. In addition to the duties of the Department State Agency of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department agency shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the Department of Corrections when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap impediment to employment."
SECTION 3. (A) In accordance with the functions and responsibilities designated in this act, all personnel, appropriations, bonded indebtedness, if applicable, and real and personal property of the Commission for the Blind are transferred to the Division of Services for the Blind and to the South Carolina State Agency of Vocational Rehabilitation.
(B) Employees transferred pursuant to the provisions of this act, at the time of transfer, become employees of the Division of Services for the Blind or of the State Agency for Vocational Rehabilitation, as provided for in this act.
(C) Any regulations previously promulgated by the Commission for the Blind under the authority of former provisions of law pertaining to the commission are continued and considered to be promulgated under the authority of present provisions pertaining to the Division of Services for the Blind or the State Agency of Vocational Rehabilitation, as provided for in this act.
(D) The State Budget and Control Board shall facilitate the transfers to be made in accordance with this act.
SECTION 4. This act takes effect July 1, 2005.
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