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.