TO AMEND SECTION 43-33-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC., FORMERLY KNOWN AS THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SO AS TO INCLUDE ADMINISTRATION OF THE CLIENT ASSISTANCE PROGRAM; TO AMEND SECTION 1-11-10, AS AMENDED, RELATING TO CERTAIN AGENCIES TRANSFERRED TO THE DEPARTMENT OF ADMINISTRATION, SO AS TO MAKE CONFORMING CHANGES; AND TO PROVIDE FOR TRANSFER OF THE PROGRAM'S ADMINISTRATION TO PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC.
Whereas, in 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, the South Carolina Restructuring Act of 2014 recognized that the various offices and programs within the Office of Executive Policy and Programs are more appropriately administered by entities other than the Department of Administration and 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. Now, therefore,
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 an item at the end to read:
"(5) It shall administer the Client Assistance Program, as established pursuant to 29 U.S.C. Section 732."
SECTION 2. Section 1-11-10(A)(9) of the 1976 Code, as last amended by Act 121 of 2014, is further amended to read:
"(9) the Client Assistance Program reserved;"
SECTION 3. The Governor shall take all actions necessary pursuant to 29 U.S.C. 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 program.
SECTION 4. Authorized appropriations, 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 program upon the completion of all necessary filings with the federal government.