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510Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010328Primary Sponsor: MescherAll Sponsors: MescherDrafted Document Number: l:\council\bills\skb\18304som01.docResiding Body: HouseCurrent Committee: Medical, Military, Public and Municipal Affairs Committee 27 H3MDate of Last Amendment: 20010503Subject: Blind, Commission for; Special Services section provided for educational purposes, hearing, visual exams; HandicappedHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010509 Introduced, read first time, 27 H3M referred to Committee Senate 20010508 Read third time, sent to House ------ 20010504 Scrivener's error corrected Senate 20010503 Amended, read second time, notice of general amendments ------ 20010427 Scrivener's error corrected Senate 20010425 Committee report: Favorable 08 SG ------ 20010403 Scrivener's error corrected Senate 20010328 Introduced, read first time, 08 SG referred to Committee Versions of This Bill Revised on April 3, 2001 - Word format Revised on April 25, 2001 - Word format Revised on April 27, 2001 - Word format Revised on May 3, 2001 - Word format Revised on May 4, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
May 3, 2001
S. Printed 5/03/01--S. [SEC 5/4/01 2:50 PM]
Read the first time March 28, 2001.
TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO REVISE CERTAIN DEFINITIONS, MAKE CERTAIN TECHNICAL CHANGES, PROVIDE THAT OPTOMETRISTS, AS WELL AS OPHTHALMOLOGISTS, MAY EXAMINE VISUALLY IMPAIRED PERSONS FOR THE COMMISSION, TO PROVIDE FOR A SPECIAL SERVICES SECTION OF THE COMMISSION TO PROVIDE EDUCATIONAL SERVICES, TO REVISE THE HEARING PROCEDURE FOR DISSATISFIED APPLICANTS AND TO PROVIDE MEDIATION; TO AMEND SECTION 43-26-10, RELATING TO DEFINITIONS CONCERNING THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS, SO AS TO REVISE A DEFINITION; AND TO AMEND SECTION 43-26-40, RELATING TO LICENSES FOR THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS SO AS TO PROVIDE LICENSES ARE ISSUED FOR INDEFINITE PERIODS OF TIME AND TO DELETE THE RESPONSIBILITY OF THE COMMISSION TO SECURE OTHER PERMITS OR LICENSES FROM OTHER AGENCIES OR POLITICAL SUBDIVISIONS FOR ITS LICENSES.
Amend Title To Conform
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 for the Blind. The commission shall consist consists of seven members, one from each of the six congressional districts and one from the State at large, of whom three shall a majority of whom must 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 must 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 chairperson for a term of two years or until his the successor has been is elected. The chairman chairperson shall preside at the regular meetings of the commission to be held at least once each month. The chairman chairperson may call a meeting when he deems the chairperson considers it necessary to be held and at a time to be determined by the commission. The commission shall appoint a commissioner and such other officers as it deems considers necessary consistent with state personnel practices, none of whom shall be a member of the commission, and shall fix the compensation and prescribe the duties of such the appointees. The members of the commission shall 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 impairment' are the criteria for acceptance for services for persons who qualify.
(1) 'Blindness' is defined as that level of central visual acuity, 20/200 or less in the better eye with
correcting glasses best correction 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 impairment' 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 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 governmental agencies, both state and federal ;, and accept gifts, grants, donations, devises, and bequests made for providing aid to the visually handicapped impaired, including expenses of administration. All 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 impaired persons who received services, and such other information as may be deemed is considered advisable .;
(4) maintain a complete register of
persons current and former clients whose vision , with correcting lenses, best correction does not exceed 20/200 which shall also include the conditions, cause of loss of sight, capacity for educational and industrial training of each, and other pertinent facts .;
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 in disposing of the products of their home industry. establish programs for vocational rehabilitation for persons considered eligible by the commission to assist in entering, retraining, or regaining employment;
(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 seems 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 must provide for orientation and adjustment for the visually handicapped impaired. Training in such the centers shall be is limited to persons deemed considered eligible by the commission .;
(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 .;
(10) 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 .;
(11) establish, supervise,
and render totally operative, and effective prevention of loss of sight programs using such the facilities in the State as the commission may deem considers necessary including a mobile ophthalmological laboratory and office .; and
(12) assist in
the furtherance of furthering the purposes of Sections 44-43-110 to 44-43-160 Article 3, Chapter 43 of this Title and Section 44-7-10.
Section 43-25-40. The commission shall designate the procedure to be followed and
shall establish a register of ophthalmologists and optometrists from which the applicant may select one to conduct a competent medical examination for determining the extent of his visual handicap impairment. The commission shall pay for such the examination.
Section 43-25-50. The commission may arrange for the examination of the eyes of visually
handicapped impaired persons and may secure and pay for their medical and surgical treatment for such persons whenever when in the judgment of an ophthalmologist or optometrist the eyes of such the person may be benefited thereby. Whenever When, upon examination by an ophthalmologist or optometrist any a person is found to have no vision or vision with glasses which is best correction so defective as to prevent the performance of ordinary activities for which eyesight is essential, such the examining ophthalmologist or optometrist shall, must within thirty days, report the results of the examination to the commission.
The Commission 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 student. The State Department of Education shall report to the Commission the schools having visually handicapped students. All principals or heads of private schools shall report to the Commission the names of visually handicapped students in attendance. Reserved
Section 43-25-65. The commission shall maintain a Special Services Division to provide educational services that benefit all persons with visual impairments, not just those eligible for vocational rehabilitation services. Educational services include services to children, independent living services, and other specialized educational programs for the blind.
Section 43-25-70. The commission
is empowered to may operate concession stands in any state, county, or municipal building and in any state park. and shall It must 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 not be removed, but and when such the operator ceases to operate such the stand, the concession for further operation shall be is granted to the commission. No rental or other charge shall be required by the commission 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 the stand shall must be collected from the operator of the stand by the commission. No charge shall 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 impaired shall must be kept by the State Treasurer in a fund for the treatment and training of the visually handicapped impaired and shall be used to carry out the particular purpose assigned to it.
Every person aggrieved by an action of the Commission shall be granted, upon request, a hearing before a hearing officer assigned by the Commission. The hearing officer shall not be a member of the Commission. The hearing officer shall have 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. Reserved
Section 43-25-95. An applicant or eligible individual who is dissatisfied with a determination made by an agency representative concerning the furnishing or denial of services may make a written request for an impartial due process hearing within fifteen days of the date of the decision upon which review is sought. An impartial hearing officer must be selected to hear a particular case relating to a determination on a random basis, or by agreement between the commission and the individual or an authorized representative of the individual. A request for review of the hearing officer's decision must be made in writing within twenty days of the hearing officer's decision. Review of the hearing officer's decision must be made by a representative of the Governor's office. Before beginning the due process hearing procedure and upon the request of a dissatisfied applicant or eligible individual, mediation is available at the expense of the commission.
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 impaired except those duties and responsibilities surrounding the administration of the State Federal Program of Aid to the Needy Blind shall be are devolved upon on the South Carolina Commission for the Blind."
SECTION 2. Section 43-26-10(a) of the 1976 Code is amended to read:
"(a) 'Blind persons' means persons who are visually
handicapped impaired as defined in Section 43-25-20 of the 1976 Code."
SECTION 3. Section 43-26-40 of the 1976 Code is amended to read:
"Section 43-26-40. In issuing licenses for the operation of vending facilities by blind persons, the commission shall give preference to applicants who are in need of employment. Licenses
shall must be issued only to applicants who are 'blind persons' within the meaning of this chapter, who are eighteen years of age or older and are residents of this State. All licenses shall be for one year, but the Commission may renew licenses upon application of the license holder prior to the expiration of the then existing license are issued for an indefinite period. A license may be terminated by the commission when the commission is satisfied that the vending facility is not being operated in accordance with the commission's regulations promulgated by it.
The Commission shall be responsible for securing on behalf of its licensees the issuance of any license or permit required by another State agency or political subdivision of the State for the conduct of such business; but any such license shall be issued free of charge to a qualified blind person licensed by the Commission.
A hearing shall be granted by the commission if requested by the licensee. The license shall not be terminated unless a majority of all of the members of the commission, or a designee, after the hearing vote to terminate it."
SECTION 4. Nothing in this act shall be construed to expand the scope of practice of an optometrist.
SECTION 5. This act takes effect upon approval by the Governor.
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