South Carolina General Assembly
122nd Session, 2017-2018

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Bill 325


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 43-33-350 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, TO PROVIDE THAT PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC., FORMERLY KNOWN AS THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SHALL ADMINISTER THE CLIENT ASSISTANCE PROGRAM; TO REPEAL SECTION 1-11-10(A)(9); AND TO PROVIDE FOR THE TRANSITION OF THE PROGRAM'S ADMINISTRATION FROM THE DEPARTMENT OF ADMINISTRATION.

Whereas, in Act 121 of 2014, the South Carolina Restructuring Act of 2014, many offices and programs located within the former Office of Executive Policy and Programs were devolved upon the Department of Administration;

Whereas, Act 121 of 2014 recognized that the various offices and programs within the Office of Executive Policy and Programs would be more appropriately administered by entities other than the Department of Administration and therefore directed the Department of Administration to report to the General Assembly concerning the appropriate placement of those offices and programs;

Whereas, the Department of Administration's report recommended that the administration of the Client Assistance Program should be devolved upon Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped; and

Whereas, the General Assembly concurs with the Department of Administration's recommendation with regard to the Client Assistance Program, and this act implements that recommendation.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 43-33-350 of the 1976 Code is amended by adding a new item to read:

"(5)    It shall administer the Client Assistance Program, as established pursuant to 29 USC Section 732."

SECTION    2.    Section 1-11-10(A)(9) is amended to read:

"(9)    Client Assistant Program Reserved"

SECTION    3.    The Governor shall take all actions necessary pursuant to 29 USC Section 732 to designate Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, as the South Carolina administrator of the Client Assistance Program.

SECTION    4.    Authorized appropriations and assets and liabilities of the Client Assistance Program are transferred to and become part of Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped.

SECTION    5.    This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government.

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