reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-40. Licenses for operation of vending facilities; hearing and termination.

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 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. 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 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 after the hearing vote to terminate it.
HISTORY: 1978 Act No. 565 Section 4.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-50. Options to establish vending facilities operated by blind persons.

(a) The property custodians for all public property shall:
(1) Prior to granting a permit or renewing a permit for the sale of articles listed in Section 43-26-60, on or in the public property within their control, grant the commission an option to establish a vending facility operated by a blind person for the sale of such articles in a manner as such custodian may deem necessary.
(2) Cooperate with the commission in surveys of property under its control to find suitable locations for the operation of vending facilities, and grant an option for the establishment of such facilities to the commission as the needs are determined.
(b) The commission shall, upon receipt of the notice of the option, determine the availability of blind persons capable and desirous of operating the vending facility in the manner proposed. The commission shall notify the property custodian of its intent to exercise the option within thirty days of receipt thereof. Provided, however, that the actual establishment of the facility shall take place within a reasonable period of time.
(c) If the commission determines not to exercise its option, it shall issue to the property custodian a certificate of this intent. No permit to any person, other than one licensed by the commission, shall be issued or renewed for the sale of articles listed in Section 43-26-60 on or in public property in the absence of this certificate.
(d) If the commission shall determine to exercise its option, the property custodian shall issue to the commission free of charge a permit for the operation of a vending facility and cooperate with the commission in the installation of such facility. No charge shall be made for the installation or operation of a vending facility.
(e) All contracts or permits entered into or issued after the effective date of this chapter shall be voidable if not in conformity with the provisions of this chapter.
HISTORY: 1978 Act No. 565 Section 5.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-60. Articles which may be sold at such facilities.

A vending facility operated pursuant to this chapter shall be used for the vending of newspapers, periodicals, confections, chewing gum, tobacco products, picture postcards, hot and cold beverages, hot and cold foods, both prepackaged and fresh, any or all of these articles, and such other articles as are approved by the commission and by the property custodian in charge of the property whereon the vending facility is located.
HISTORY: 1978 Act No. 565 Section 6.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-70. Space for such facilities in new construction or remodeling of public buildings; costs.

When new construction, remodeling, leasing, acquisition and improvement of public property subject to this chapter is authorized, due consideration shall be given to planning and making available suitable space and facilities for vending facilities to be operated by blind persons. When existing public property is altered or remodeled at the request of the commission to accommodate a vending facility, the cost of such alteration or remodeling shall be borne by the commission.
HISTORY: 1978 Act No. 565 Section 7.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-80. Blind vendors may have guide dogs on public property.

Blind persons who are licensed by the commission to operate vending facilities shall be allowed to have their guide dogs present with them while on public property, any state, county or municipal laws, regulations, ordinances to the contrary notwithstanding. Provided, however, that this section shall in no manner affect or limit the provisions of Chapter 33 of Title 43 of the 1976 Code.
HISTORY: 1978 Act No. 565 Section 8.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-90. Buildings not subject to chapter.

This chapter does not apply to hospitals, four-year institutions of higher learning and their branches, public elementary and secondary schools, technical education institutions, the South Carolina State Museum, property under the Patriots Point Development Authority jurisdiction, facilities devoted primarily to athletics, or to state, municipal, county, or civic center auditoriums and assembly halls. As many as two coin operated vending machines may be placed in buildings on the public property if the machines are not located in a building where there is a vending facility operated by the commission.
HISTORY: 1978 Act No. 565 Section 9; 2004 Act No. 205, Section 1, eff April 26, 2004; 2008 Act No. 353, Section 2, Pt 6A.1, eff July 1, 2008.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-100. Effect on existing vending facilities operated by the blind.

Notwithstanding any other provisions of this chapter, no vending facility operated by a blind person on public property, including technical education institutions, on the effective date of this chapter shall be terminated or closed without written approval of the commission and such approval shall not be unreasonably withheld.
HISTORY: 1978 Act No. 565 Section 10.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-110. Existing facilities may not be sold until option to lease given to commission.

Notwithstanding any other provisions of this chapter a vending facility operated on public property prior to the effective date of this chapter may continue to operate but may not be sold or subleased by the lessee until the commission has been granted a thirty-day option to lease the facility.
HISTORY: 1978 Act No. 565 Section 11.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-20. Declaration of policy.

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 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.
HISTORY: 1962 Code Section 71-273; 1957 (50) 114.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-40. State Agency of Vocational Rehabilitation; appointment and terms of members.

The Governor shall appoint a State Agency of Vocational Rehabilitation to be composed of seven members, and this agency shall provide for the administration of this chapter. The members of the agency shall consist of one member from each congressional district. The Governor, upon the advice and consent of the Senate, shall appoint the members. The members shall serve a term of seven years. The terms of office must always remain staggered so that the term of one member expires every year with appointments to fill unexpired terms caused by death, resignation, or disability.
HISTORY: 1962 Code Section 71-274; 1957 (50) 114; 2012 Act No. 279, Section 16, eff June 26, 2012.
Editor's Note
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-50. Chairman of Agency; meetings; compensation of members.

The agency 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 members shall receive such per diem and mileage as is provided by law for members of boards, commissions and committees.
HISTORY: 1962 Code Section 71-275; 1957 (50) 114.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-60. Duties and powers of Agency generally.

The agency shall provide the vocational rehabilitation services authorized by this chapter to every physically handicapped individual determined by the commissioner to be eligible therefor, as defined by Section 43-31-30, item (10), and in carrying out the purposes of this chapter, the agency is authorized, among other things:
(1) To cooperate with other departments, agencies and institutions, both public and private, in providing the services authorized by this chapter to disabled individuals, in studying the problems involved therein, 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;
(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, and under any other Federal legislation or program having as its purpose the providing of, improvement or extension of, vocational rehabilitation services.
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 can be made available to the individual being served.
HISTORY: 1962 Code Section 71-276; 1957 (50) 114; 1961 (52) 255; 1971 (57) 752.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-70. Appointment and qualifications of Commissioner of Vocational Rehabilitation.

The agency shall appoint a Commissioner of Vocational Rehabilitation, in accordance with established personnel standards and on the basis of his education, training, experience and demonstrated ability. The commissioner shall serve as secretary and executive officer of the Agency.
HISTORY: 1962 Code Section 71-277; 1957 (50) 114; 1971 (57) 752.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-80. Duties and powers of commissioner generally.

In carrying out his duties under this chapter, the commissioner:
(1) shall, with the approval of the agency, make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, and investigation and determination therefor, 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 necessary for the efficient performance of the functions of the agency;
(4) shall prepare and submit to the agency 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 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.
HISTORY: 1962 Code Section 71-278; 1957 (50) 114; 1971 (57) 752.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-100. Persons eligible for services; plan effective throughout State.

Pursuant to the policy declared in Section 43-31-20, the vocational rehabilitation services shall be provided under this chapter to persons throughout the State, and the vocational rehabilitation plan adopted pursuant to this chapter shall be in effect in all political subdivisions of the State.
HISTORY: 1962 Code Section 71-280; 1957 (50) 114.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-110. Services shall be available to disabled civil employees of United States.

Rehabilitation services provided under the State plan shall 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.
HISTORY: 1962 Code Section 71-281; 1957 (50) 114.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-120. Vocational rehabilitation fund.

There is created a special fund, to be known as the vocational rehabilitation fund. The fund shall consist of all monies appropriated by this State and all monies received from the United States or any other source for such purpose, as provided by this chapter. All monies in this fund shall 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 monies in this fund are appropriated and made available to the agency, and shall be expended solely for the purposes of this chapter. Any balances in the fund shall not lapse at any time but shall be continuously available to the agency for expenditure consistent with this chapter. The agency, acting through the commissioner, 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.
HISTORY: 1962 Code Section 71-282; 1957 (50) 114; 1971 (57) 752.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-130. Acceptance and use of gifts, Federal grants and other funds.

(1) The commissioner 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 are proper and consistent with the provisions of this chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the condition of the gift.
(2) 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) Federal grants and donations for vocational rehabilitation services, unless otherwise restricted, shall 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 the extension and improvement of vocational rehabilitation services, or under Section 4 of such 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.
HISTORY: 1962 Code Section 71-283; 1957 (50) 114; 1971 (57) 752.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-145. Consideration to be given similar benefits available to handicapped in meeting cost of rehabilitation; insurance carriers not to deny benefits.

As required by the Federal Vocational Rehabilitation Acts, and any amendments thereto, including rules and regulation issued pursuant to such acts, the Vocational Rehabilitation Department shall give full consideration to any similar benefits available to a handicapped individual, 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 benefits shall be utilized insofar as possible. Insurance carriers shall not deny payment of benefits otherwise available solely on the basis that a handicapped individual has applied for, or has been deemed eligible to receive, vocational rehabilitation services as provided by the Vocational Rehabilitation Department.
HISTORY: 1976 Act No. 675.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-150. Unlawful disclosure or use of information; records and communications are confidential and privileged.

It shall be 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, 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 be regarded as confidential information and privileged.
HISTORY: 1962 Code Section 71-285; 1957 (50) 114; 1972 (57) 2398.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-160. Department of Vocational Rehabilitation to provide services to certain inmates.

In addition to the duties of the Department of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department 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 to employment.
HISTORY: 2001 Act No. 96, Section 2, eff August 31, 2001.
Editor's Note
2001 Act No. 96, Section 3, provides as follows:
"This act takes effect upon approval by the Governor; however, the implementation of this act is contingent upon the appropriation of necessary funds to carry out the provisions of this act."
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 31 - Vocational Rehabilitation › Section 43-31-170. Training and experience requirements for counselors.

A counselor for the state agency of Vocational Rehabilitation shall have:
(1) a Master's degree in Rehabilitation Counseling;
(2) a Master's degree in the field of counseling with a graduate course in theories and techniques of counseling; or
(3) a Master's degree in any discipline and at least eighteen documented hours of coursework at the Master's level or above within thirty months of the date of hire including:
(a) one graduate course with a primary focus on the theories and techniques of counseling;
(b) three graduate courses, each with a primary focus on one of the following areas:
(i) occupational information;
(ii) job development and placement;
(iii) medical aspects of disabilities;
(iv) foundations of rehabilitation;
(v) psychological aspects of disabilities;
(vi) personal and vocational adjustment; and
(c) two graduate courses, each with a primary focus on one of the following areas:
(i) assessment;
(ii) research methodology;
(iii) vocational and career development;
(iv) community resources;
(v) case management;
(vi) delivery of rehabilitation services; or
(4) a current Certified Rehabilitation Counselor (CRC) certificate, regardless of degree.
HISTORY: 2006 Act No. 243, Section 1, eff March 15, 2006.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-10. Declaration of policy.

It is the policy of this State to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunerative employment.
HISTORY: 1962 Code Section 71-300.51; 1972 (57) 2617.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-20. Right of use of public facilities and accommodations of blind, other special need persons, and guide dog trainers.

(a) The blind, the visually handicapped, and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public facilities, and other public places;
(b) The blind, the visually handicapped, and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons;
(c) Every handicapped person has the right to be accompanied by an assistance dog, especially trained for the purpose, in any of the places listed in item (b) of this section without being required to pay an extra charge for the assistance dog. Each handicapped person is liable for any damage done to the premises or facilities by the dog.
(d) Every person who is a trainer of an assistance or guide dog, while engaged in the training of an assistance or guide dog, has the same rights and privileges with respect to access to public facilities and accommodations as blind and disabled persons, including the right to be accompanied by an assistance or guide dog or assistance or guide dog in training, in any of the places listed in item (b) of this section without being required to pay an extra charge for the assistance dog. A person who uses premises or facilities accommodations accompanied by a dog under the authority of this item is liable for any damage done to the premises or facilities by the dog.
HISTORY: 1962 Code Section 71-300.52; 1972 (57) 2617; 1983 Act No. 57 Section 1; 1987 Act No. 147 Section 1, eff June 4, 1987; 2002 Act No. 204, Section 1, eff April 10, 2002.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-25. Use of motorized chairs or carts by handicapped on beaches.

For reasons set forth in Section 43-33-20, persons who are handicapped and who customarily use motorized wheelchairs or motorized carts for locomotion shall not be prohibited from using such wheelchairs or carts on the strand of the seacoast of this State.
HISTORY: 1980 Act No. 315.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-30. Duty of driver approaching blind pedestrian; failure of blind pedestrian to carry white cane or use guide dog.

The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or approaching a handicapped pedestrian using an assistance dog shall take all necessary precautions to avoid injury to the pedestrian. Any driver who fails to take these precautions is liable in damages for any injury caused the pedestrian. A totally or partially blind pedestrian not carrying a cane or a handicapped pedestrian not using an assistance dog in any of the places, accommodations, or conveyances listed in Section 43-33-20, has all the rights and privileges conferred by law upon other persons. The failure of a totally or partially blind pedestrian to carry a cane or the failure of a handicapped pedestrian to use an assistance dog in any of these places, accommodations, or conveyances does not constitute negligence.
HISTORY: 1962 Code Section 71-300.53; 1972 (57) 2617; 1983 Act No. 57 Section 2; 1987 Act No. 147 Section 2, eff June 4, 1987.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-40. Unlawful interference with rights of blind or other physically disabled person.

(A) It is unlawful for a person or his agent to:
(1) deny or interfere with admittance to or enjoyment of the public facilities enumerated in Section 43-33-20; or
(2) interfere with the rights of a totally or partially blind or disabled person under Section 43-33-20.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
HISTORY: 1962 Code Section 71-300.54; 1972 (57) 2617; 1993 Act No. 184 Section 234, eff January 1, 1994.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-50. White Cane Safety Day.

Each year, the Governor shall take suitable public notice of October fifteenth as White Cane Safety Day. He shall issue a proclamation in which:
(a) he comments upon the significance of the white cane;
(b) he calls upon the citizens of the State to observe the provisions of the White Cane Law and to take precautions necessary to the safety of the disabled;
(c) he reminds the citizens of the State of the policies with respect to the disabled herein declared and urges the citizens to cooperate in giving effect to them;
(d) he emphasizes the need of the citizens to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.
HISTORY: 1962 Code Section 71-300.55; 1972 (57) 2617.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-60. Policy regarding employment of blind and other physically disabled persons.

It is the policy of this State that the blind, the visually handicapped, and the otherwise physically disabled shall be employed in the State service, the service of the political subdivisions of the State, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
HISTORY: 1962 Code Section 71-300.56; 1972 (57) 2617.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-70. Right of blind and other physically disabled persons to equal access to housing accommodations.

(a) Blind persons, visually handicapped persons, and other physically disabled persons shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this State, subject to the conditions and limitations established by law and applicable alike to all persons.
(b) "Housing accommodations" means any real property, or portion thereof, which is used or occupied or is intended, arranged, or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings, but shall not include any accommodations, included within subsection (a) or any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
(c) Nothing in this section shall require any person renting, leasing, or providing for compensation real property to modify his property in any way or provide a higher degree of care for a blind person, visually handicapped person, or other physically disabled person than for a person who is not physically disabled.
(d) Every handicapped person who has an assistance dog, or who obtains an assistance dog, is entitled to full and equal access to all housing accommodations provided for in this section. Each handicapped person is not required to pay extra compensation for the dog but is liable for any damage done to the premises by the dog.
HISTORY: 1962 Code Section 71-300.57; 1972 (57) 2617; 1983 Act No. 57 Section 3; 1987 Act No. 147 Section 3, eff June 4, 1987.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-210. Definitions.

For the purposes of this article:
"Handicapped" shall mean any person who is visually impaired, legally blind, deaf or hearing-impaired, has a disability of incoordination or palsy resulting from brain, spinal or peripheral nerve damage, has an amputation of upper extremities, or is otherwise disabled in such a way as to interfere with his ability to use written or visual material.
"Visually impaired" shall mean any person with a visual acuity not exceeding 20/70 to 20/200 in his better eye with correcting lenses.
"Legally blind" shall mean any person with a visual acuity not exceeding 20/200 in his better eye with correcting lenses, or with a limitation in the field of vision such that the widest diameter of his visual field subtends an angle not greater than twenty degrees.
"Test" shall mean any written psychometric instrument designed to measure the aptitude, achievement or intelligence of a person being screened for employment or promotion.
"Agency" shall mean any State agency, department or institution.
HISTORY: 1976 Act No. 662 Section 1.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-220. Nondiscrimination in psychometric testing by State agencies; technical assistance to agencies; special assistance or procedures for handicapped persons.

The provisions of this article shall apply to any State agency which utilizes psychometric tests in its personnel procedures. Any such agency shall administer test materials in such manner, form and procedure as will prevent discrimination to persons with physical handicaps as provided for in this article.
In all instances where needed, agencies shall secure appropriate technical assistance to administer their test materials. Technical assistance shall be provided, where possible, by appropriate State agencies, professional organizations who work with the physically handicapped and other interested private or public groups and organizations.
It shall be the responsibility of the handicapped person to make known his needs for special assistance or procedures to the agency in advance of his test.
HISTORY: 1976 Act No. 662 Section 2.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-230. Complaints.

Any applicant for employment or promotion may personally, or by his representative, file a written complaint of alleged violations of the provisions of this article with the agency concerned within ninety days of the alleged violations. The agency shall make a decision concerning the complaint and shall take such action as may be warranted within thirty days. If the agency and the complainant are unable to reach a satisfactory agreement, the complainant shall be informed of his right to appeal. The appeal shall be through the established grievance procedures in the case of permanent employees or to the State Personnel Division in the case of applicants for employment or those employees not on permanent status.
HISTORY: 1976 Act No. 662 Section 3.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-310. Legislative findings.

The General Assembly finds that by executive order in 1977 the Governor designated an eleemosynary corporation now known as "Protection and Advocacy for People with Disabilities, Inc.", as the organization to perform the function of advocate for citizens with developmental disabilities as required by Section 113 of Public Law 94-103, as amended, and that organization has been performing that function and has qualified for certain assistance under Section 113 of Public Law 94-103, as amended.
It is the purpose of this act to permanently establish as advocate under Section 113 of Public Law 94-103, as amended, an eleemosynary corporation now known as "Protection and Advocacy for People with Disabilities, Inc." It is the further purpose of this act to express the desire of the General Assembly that Protection and Advocacy for People with Disabilities, Inc. exercise protection and advocacy functions not only for the citizens of South Carolina with developmental disabilities but also for all other citizens of the State with disabilities.
HISTORY: 1979 Act No. 48 Section 1; 2017 Act No. 52 (S.325), Section 1, eff May 19, 2017.
Editor's Note
The 1993 Act No. 181 Section 1612, eff July 1, 1993, provides as follows:
"SECTION 1612. Nothing in this act shall affect the independent status or location of the South Carolina Protection and Advocacy System for the Handicapped established pursuant to Article 5, Chapter 33 of Title 43."
2017 Act No. 52, Sections 10 to 12, provide as follows:
"SECTION 10. 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, Inc., as the South Carolina administrator of the Client Assistance Program.
"SECTION 11. Authorized appropriations and the 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, Inc.
"SECTION 12. 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, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government."
Effect of Amendment
2017 Act No. 52, Section 1, rewrote the section, revising the legislative findings to reflect the change of Advocacy for Handicapped Citizens, Inc.'s name to Protection and Advocacy for People with Disabilities, Inc.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-320. Repealed.

HISTORY: Former Section, titled Transfer of functions from Advocacy for the Handicapped Citizens, Inc. to South Carolina Protection and Advocacy System for the Handicapped, Inc., had the following history: 1979 Act No. 48 Section 2; 2005 Act No. 164, Section 21, eff June 10, 2005. Repealed by 2017 Act No. 52, Section 9, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-330. Appointment of board.

Protection and Advocacy for People with Disabilities, Inc. is governed by a board consisting of a minimum of twelve members and a maximum of sixteen members. Four members must be appointed by the Governor, one member from each of the system's four regions. Eight members must be elected by the board upon recommendation by the system's nominating committee which shall consult with advocacy groups of the State representing persons with disabilities. Members shall serve for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the original manner for the unexpired portion of the term. A vacancy must be filled not later than sixty days after the date on which the vacancy occurs. Up to four members who serve as chair of advisory councils or committees to the system may be elected by the board to serve ex officio as considered appropriate to the needs of the system or as mandated by law. No appointed board member may serve more than two successive four-year terms.
The board may change its corporate name in the same manner as any other nonprofit corporation, and if the board changes its corporate name, the powers and duties of Protection and Advocacy for People with Disabilities, Inc. are considered to be the powers and duties of the successor nonprofit corporation.
HISTORY: 1979 Act No. 48 Section 3; 1989 Act No. 145, Section 1, eff June 5, 1989; 1991 Act No. 52, Section 1, eff May 27, 1991; 1996 Act No. 251, Section 1, eff April 1, 1996; 2017 Act No. 52 (S.325), Section 2, eff May 19, 2017.
Editor's Note
2017 Act No. 52, Sections 10 to 12, provide as follows:
"SECTION 10. 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, Inc., as the South Carolina administrator of the Client Assistance Program.
"SECTION 11. Authorized appropriations and the 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, Inc.
"SECTION 12. 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, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government."
Effect of Amendment
2017 Act No. 52, Section 2, substituted "Protection and Advocacy for People with Disabilities, Inc." for "South Carolina Protection and Advocacy System for the Handicapped, Inc." in two places; in the third sentence, substituted "disabilities" for "handicaps"; and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-370. Authority of system upon receipt of written request to investigate complaint.

Upon (A) the receipt of a written request to investigate a complaint that has been signed by a person with a developmental or other disability, his parent, legal guardian, any relative or a state agency; or upon (B) the receipt of a complaint of abuse or threatened abuse to a person with a developmental or other disability who is not capable of giving informed consent for the system to investigate the complaint and who does not have a parent or legal guardian to sign a written request to investigate the complaint, the system may:
(1) Interview any member of the staff of the program or facility which is providing or did provide treatment, services or habilitation to the person making the complaint or on whose behalf the complaint is made.
(2) Inspect and copy any documents, records, files, books, charts or other writings which are maintained in the regular course of business by the program or facility and which bear upon the subject matter of the individual complaint, except for the individual medical, treatment or other personal records of other persons in the program or facility.
(3) Request the assistance of any rights protection or advocacy services provided by the program or facility.
(4) Refer a complaint to the ombudsman, law enforcement agencies or any other public or private programs or facilities, as it deems appropriate.
HISTORY: 1979 Act No. 48, Section 7; 1980 Act No. 465; 2017 Act No. 52 (S.325), Section 5, eff May 19, 2017.
Editor's Note
2017 Act No. 52, Sections 10 to 12, provide as follows:
"SECTION 10. 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, Inc., as the South Carolina administrator of the Client Assistance Program.
"SECTION 11. Authorized appropriations and the 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, Inc.
"SECTION 12. 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, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government."
Effect of Amendment
2017 Act No. 52, Section 5, in the first paragraph, substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person" twice, and substituted "system" for "System" twice.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-380. Information not to be disclosed unless authorized in writing.

The system shall not disclose the name or identity of any person, complainant, witness or subject of a complaint or any information or writing relating thereto unless the person or his parent or legal guardian authorizes in writing the release of such information but the system may make such disclosures as may be necessary to protect or advocate for the rights of the concerned person with a developmental or other disability.
HISTORY: 1979 Act No. 48 Section 8; 1980 Act No. 465; 2017 Act No. 52 (S.325), Section 6, eff May 19, 2017.
Editor's Note
2017 Act No. 52, Sections 10 to 12, provide as follows:
"SECTION 10. 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, Inc., as the South Carolina administrator of the Client Assistance Program.
"SECTION 11. Authorized appropriations and the 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, Inc.
"SECTION 12. 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, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government."
Effect of Amendment
2017 Act No. 52, Section 6, substituted "concerned person with a developmental or other disability" for "developmentally disabled or handicapped person concerned" and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 33 - Rights Of Physically Disabled Persons › Section 43-33-390. Immunity from civil and criminal liability for persons providing information in good faith.

Any person providing information to the System or who participates in judicial proceedings resulting therefrom, acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings good faith shall be rebuttably presumed.
HISTORY: 1979 Act No. 48 Section 9; 1980 Act No. 465.