FOR AN ACT ENTITLED, An Act  to revise and repeal certain provisions regarding the Division of Rehabilitation Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 28-9-23 be amended to read as follows:
     28-9-23.   Terms used in this chapter mean:

             (1)      "Director," the director of rehabilitation services;

             (2)      "Division," the Division of Rehabilitation Services;

             (3)      "Impediment to employment or independent living," a physical or mental condition which substantially limits occupational or independent living performance;

             (4)      "Individual with a disability," any person who has a disability which results in a substantial impediment to employment or independent living;

             (5)     "Vocational rehabilitation" and "vocational rehabilitation services," any goods or services, found by the director to be necessary to render an individual with a disability employable including an assessment for determining eligibility and vocational rehabilitation needs , counseling, guidance and work related placement services, vocational and other training, physical and mental restoration services,

occupational licenses, tools, equipment and initial stocks and supplies, maintenance and transportation in connection with the rendering of any vocational rehabilitation service, interpreter and reader services, recruitment and training services, telecommunications, sensory, and other technological aids and devices, rehabilitation technology services, referral and other services, transition services, on-the-job or other related personal assistance services provided while an individual with a disability is receiving vocational rehabilitation services, and supported employment services

.
     Section  2.  That § 28-9-26 be repealed.
     28-9-26.   The director of rehabilitation services shall establish appropriate subordinate administrative units within the Division of Rehabilitation Services.
     Section  3.  That § 28-9-28 be repealed.
     28-9-28.   The director of rehabilitation services may delegate to any officer or employee of the Division of Rehabilitation Services such of his powers and duties, as may be necessary or appropriate.
     Section  4.  That § 28-9-29 be repealed.
     28-9-29.   No officer or employee engaged in the administration of the rehabilitation services program shall use his official authority or influence or permit the use of the rehabilitation services program for the purpose of interfering with an election or affecting the result thereof or for any partisan political purpose. No such officer or employee shall take an active part in the management of political campaigns or participate in any political activity, except that he shall retain the right to vote as he may please and to express his opinions as a citizen on all subjects. No such officer or employee shall solicit or receive, nor shall any such officer or employee be obliged to contribute or render, any service, assistance, subscription, assessment, or contribution

for any political purpose. Any officer or employee violating this provision shall be discharged.

     Section  5.  That § 28-9-30 be amended to read as follows:
     28-9-30.   The Division of Rehabilitation Services shall provide vocational rehabilitation and independent living services to individuals with disabilities determined by the director of rehabilitation services to be eligible therefor .
     Section  6.  That § 28-9-31 be repealed.
     28-9-31.   Vocational rehabilitation services shall be provided to any eligible individual with a disability who is within the state at the time of filing his application.
     Section  7.  That § 28-9-33 be repealed.
     28-9-33.   The Division of Rehabilitation Services may provide evaluation of rehabilitation potentials and rehabilitation services to individuals with disabilities who, as a result thereof, can achieve independent living.
     Section  8.  That § 28-9-35 be repealed.
     28-9-35.   The rights accruing to an individual with a disability under the provisions of § §   28-9-33 and 28-9-34 are not transferable or assignable at law or in equity.
     Section  9.  That § 28-9-37 be repealed.
     28-9-37.   It shall be a Class 2 misdemeanor, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with the division's rules, for any person to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of, any list of, names of, or information concerning, persons applying for or receiving vocational rehabilitation services, whether directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.
     Section  10.  That § 28-9-38 be repealed.

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     28-9-38.   The Division of Rehabilitation Services may cooperate with other departments, agencies and institutions, in studying the problems involved in providing for the vocational rehabilitation of individuals with disabilities, and may establish such programs, facilities and services as may be necessary or desirable.
     Section  11.  That § 28-9-39 be repealed.
     28-9-39.   The Division of Rehabilitation Services is authorized to enter into agreements with any other state to provide for the vocational rehabilitation of residents of such state.
     Section  12.  That § 28-9-42 be repealed.
     28-9-42.   Notwithstanding §   5-24-12, the Division of Rehabilitation Services may accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this chapter. Gifts made with conditions that, in the judgment of the division, are proper and consistent with the provisions of this chapter may be so accepted and shall be used in accordance with the conditions of the gift.
     Section  13.  That § 28-9-43 be repealed.
     28-9-43.   The state treasurer shall be the custodian of all funds received from the United States under any federal statutes pertaining to vocational rehabilitation. The state treasurer shall make disbursements from such funds and from all state funds available for vocational rehabilitation purposes on warrants of the state auditor, requisitioned by the director of rehabilitation services in accordance with the division's rules.
     Section  14.  That § 28-9-46 be repealed.
     28-9-46.   The Division of Rehabilitation Services may conduct research and compile statistics relating to the vocational rehabilitation of disabled individuals.
     Section  15.  That § 28-11-2 be repealed.
     28-11-2.   The state treasurer is hereby authorized and directed to act as custodian of the

moneys paid by the federal government to the state to carry out the agreement referred to in §   28-11-1 and shall disburse such moneys in accordance with the procedure for disbursement of funds provided by law for such agency.