H*4103(Rat #0442, Act #0381 of 1992)  General Bill, By P.B. Harris, Carnell, 
J.L. Harris and J.G. Mattos
 A Bill to amend Section 44-20-375, as amended, Code of Laws of South Carolina,
 1976, relating to creation of county mental retardation boards by county
 ordinance, so as to clarify that the appointment process rather than the
 appointing authority existing on January 1, 1991, must be preserved in the
 ordinance and provide exceptions.

   01/14/92  House  Introduced and read first time HJ-182
   01/14/92  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-182
   02/19/92  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-6
   02/20/92  House  Read second time HJ-19
   02/20/92  House  Unanimous consent for third reading on next
                     legislative day HJ-20
   02/21/92  House  Read third time and sent to Senate HJ-2
   02/25/92  Senate Introduced and read first time SJ-11
   02/25/92  Senate Referred to Committee on Medical Affairs SJ-11
   04/28/92  Senate Committee report: Favorable Medical Affairs SJ-35
   04/29/92  Senate Read second time SJ-317
   04/30/92  Senate Read third time and enrolled SJ-25
   05/13/92         Ratified R 442
   05/19/92         Signed By Governor
   05/19/92         Effective date 05/19/92
   05/19/92         Act No. 381
   07/09/92         Copies available

AN ACT TO AMEND SECTION 44-20-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF COUNTY MENTAL RETARDATION BOARDS BY COUNTY ORDINANCE, SO AS TO CLARIFY THAT THE APPOINTMENT PROCESS RATHER THAN THE APPOINTING AUTHORITY EXISTING ON JANUARY 1, 1991, MUST BE PRESERVED IN THE ORDINANCE AND PROVIDE EXCEPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

County boards, creation and appointing authority

SECTION 1. Section 44-20-375(A) of the 1976 Code, as last amended by Act 32 of 1991, is further amended to read:

"(A) Before July 1, 1992, county boards of mental retardation must be created within a county or within a combination of counties by ordinance of the governing bodies of the counties concerned. The ordinance must establish the number, terms, appointment, and removal of board members and provide for their powers and duties in compliance with state law and the process for appointing board members which existed on January 1, 1991, must be preserved in the ordinance. However, where the county legislative delegation or county council recommends board members to the appointing authority, the delegation may transfer its authority to recommend to the council or the council may transfer its authority to the delegation. If there is a transfer, preservation of the authority to recommend existing on January 1, 1991, is not required, and the new recommending authority must be contained in the ordinance."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 19th day of May, 1992.