H*4241 Session 108 (1989-1990)
H*4241(Rat #0478, Act #0414 of 1990) General Bill, By P.B. Harris, Carnell,
J.L. Harris and J.G. Mattos
A Bill to amend Section 44-21-840, Code of Laws of South Carolina, 1976,
relating to powers and duties of county mental retardation boards, so as to
revise certain of these powers and duties and to add additional powers and
duties.
11/15/89 House Prefiled
11/15/89 House Referred to Committee on Medical, Military,
Public and Municipal Affairs
01/09/90 House Introduced and read first time HJ-51
01/09/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-51
01/24/90 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-11
02/01/90 House Read second time HJ-16
02/06/90 House Read third time and sent to Senate HJ-27
02/07/90 Senate Introduced and read first time SJ-9
02/07/90 Senate Referred to Committee on Medical Affairs SJ-9
03/20/90 Senate Committee report: Favorable with amendment
Medical Affairs SJ-12
03/21/90 Senate Amended SJ-27
03/21/90 Senate Read second time SJ-27
03/22/90 Senate Read third time and returned to House with
amendments SJ-15
03/29/90 House Concurred in Senate amendment and enrolled HJ-25
04/05/90 Ratified R 478
04/10/90 Signed By Governor
04/10/90 Effective date 04/10/90
04/10/90 Act No. 414
05/08/90 Copies available
(A414, R478, H4241)
AN ACT TO AMEND SECTION 44-21-840, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS, SO AS
TO REVISE CERTAIN OF THESE POWERS AND DUTIES AND TO ADD ADDITIONAL POWERS
AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Powers and duties revised
SECTION 1. Section 44-21-840 of the 1976 Code is amended to read:
"Section 44-21-840. Subject to the provisions of this article
and the regulations of the department, each county mental retardation
board must:
(1) be the administrative, planning, coordinating, and service
delivery body for county mental retardation services funded in whole or
in part by state appropriations to the department or funded from other
sources under the department's control; and it is a body corporate in
deed and in law with all the powers incident to corporation including the
power to incur debt insofar as that debt is payable from contract, grant,
or other revenues and is not the debt of the State or its other political
subdivisions. A county board may purchase and hold real property,
mortgage property, and erect and maintain buildings. The department must
approve all debt of a county board to be paid in whole or in part from
contract, grant, or other revenues provided by the State but the
department shall have no responsibility for the debt so approved;
(2) submit an annual plan and projected budget to the department
for approval and consideration of funding;
(3) review and evaluate on at least an annual basis the county
mental retardation services provided pursuant to this article and report
its findings and recommendations to the department;
(4) promote and accept local financial support for the county
program from private and other lawful sources and promote public support
from municipal and county sources;
(5) employ personnel and expend its budget for the direct delivery
of services or contract with those service vendors necessary to carry out
the county mental retardation and related disabilities services program,
who shall meet those specifications prescribed by the department;
(6) plan, arrange, implement, and monitor working agreements with
other human service agencies, both public and private, and with other
educational and judicial agencies;
(7) provide the department those records, reports, and access to
its sponsored services and facilities as the department may require and
submit its sponsored services and facilities to licensing requirements
of the department or to the licensing requirements of other state or
local agencies having this legal authority;
(8) represent the best interest of persons with mental retardation
or related disabilities to the public, public officials, and other public
or private organizations."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 10th day of April, 1990.
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