Current Status Bill Number:3738 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950302 Primary Sponsor:Kirsh All Sponsors:Kirsh Drafted Document Number:PFM\7202BDW.95 Companion Bill Number:791 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Division of the Blind, Governor's office
Body Date Action Description Com Leg Involved
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House 19950302 Introduced, read first time, 27 H3M
referred to Committee
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TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO TRANSFER THE COMMISSION TO THE GOVERNOR'S OFFICE, CHANGE THE NAME, AND PROVIDE FOR THE DIVISION FOR THE BLIND.
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. There is hereby created the South Carolina Commission The South Carolina Commission for the Blind, its employees, funds, and property, and all contractual rights and obligations associated with the commission are transferred to and incorporated in and must be administered as part of the Office of the Governor. The Division for the Blind is created in the Office of the Governor. The Commission shall consist division must be under the direct supervision of a panel 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 panel for terms of four years and until their successors are appointed and qualify. All Vacancies shall must be filled in the manner of the original appointment for the unexpired portion of the term only. The members of the Commission panel 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 panel to be held at least once each month. The chairman may call a meeting when he deems considers it necessary to be held at a time to be determined by the Commission panel. The Commission panel shall appoint a commissioner and such other officers as employ persons it deems considers necessary, none of whom shall may be a member of the Commission panel, and shall fix the compensation and prescribe the duties of such the appointees. The members of the Commission panel shall may receive no salary but shall be are allowed the usual mileage, subsistence, and per diem as authorized by law for commissions, committees, and boards.
Section 43-25-20. For purposes of this chapter, `blindness' and `severe visual disability' are the criteria for acceptance for services for persons who qualify and are defined as follows:.
(1) `Blindness' is defined as that level of central visual acuity, 20/200 or less in the better eye with correcting glasses, or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees and which is sufficient to incapacitate him for self-support, or an eighty percent loss of visual efficiency resulting from visual impairment in more than one function of the eye, including visual acuity for distance and near, visual fields, ocular, mobility, and other ocular functions and disturbances.
(2) `Severe visual disability' is defined as any a progressive pathological condition of the eye or eyes supported by acceptable eye examination, which in the opinion of the examiner may or will result in legal blindness within twenty-four months.
Section 43-25-30. The Commission division 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 monies from all state and federal 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 These such funds shall must 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 considered advisable.;
(4) 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) 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) 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) cooperate with the State Department of Health and Environmental Control in the adoption and enforcement of proper preventive measures.;
(8) establish, equip, and maintain a center for vocational, industrial, and other training and employ qualified instructors. The center shall provide for orientation and adjustment for the visually handicapped. Training in such the centers shall be is limited to persons deemed considered eligible by the Commission division.;
(9) 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) have the authority to enter into contracts with owners of private property for the purpose of installing concession stands which shall be under the control of the Commission division.;
(11) establish, supervise, and render totally operative and effective prevention of loss of sight programs using such facilities in the State as the Commission may deem division considers necessary including a mobile ophthalmological laboratory and office.;
(12) assist in the furtherance of the purposes of Sections 44-43-110 to 44-43-160 and 44-7-10.
Section 43-25-40. The Commission division 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 the examination.
Section 43-25-50. The Commission division may arrange for the examination of the eyes of visually handicapped persons and may secure and pay for medical and surgical treatment for such the persons whenever when, in the judgment of an ophthalmologist, the eyes of such the person may be benefitted thereby by examination and treatment. Whenever, Upon examination by an ophthalmologist any, if 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, shall report the results of the examination to the Commission division.
Section 43-25-60. The Commission division may employ qualified itinerant teachers to assist teachers in public or private schools who are responsible for the teaching of visually handicapped students. The itinerant teacher shall assist the public or private school teacher by providing methods and materials for teaching such the student. The State Department of Education shall report to the Commission division the schools having visually handicapped students. All principals or heads of private schools shall report to the Commission division the names of visually handicapped students in attendance.
Section 43-25-70. The Commission division is empowered to operate concession stands in any a state, county, or municipal building and in any a state park and shall negotiate with the proper agency or governing body regarding the establishment of a concession on such the property. In buildings where a stand existed on May 25, 1940, the person who was then operating such a 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 A 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 must be kept by the State Treasurer in a fund for the treatment and training of the visually handicapped 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 must be granted, upon request, a hearing before a hearing officer assigned by the Commission division. The hearing officer shall must not be a member of the Commission panel. The hearing officer shall have authority to may 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 division. The Commission panel shall hold a hearing on the matter which shall must be attended by at least three members. An appeal may be taken from the decision of the Commission panel to the court of common pleas for the county where the appellant resides and the matter shall must 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 panel, shall serve notice of appeal upon the chairman of the Commission panel, stating grounds upon which the appeal is founded and file such the notice with the clerk of court to which such the appeal is taken. Such The appeal shall act acts as a supersedeas until it is finally determined. The clerk of court shall place the case upon the docket for trial.
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, except those duties and responsibilities surrounding the administration of the State Federal Program of Aid to the Needy Blind shall be, are devolved upon the South Carolina Commission Division for the Blind of the Office of the Governor."
SECTION 2 . When funds are available, the South Carolina Code Commissioner shall change references to the Commission for the Blind in the 1976 Code to the Division for the Blind.
SECTION 3. This act takes effect upon approval by the Governor.