S 0350 General Bill, By Bryan, H.U. Fielding, J.C. Hayes and Peeler
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 44-20-385 so as to provide the powers and duties of county mental retardation
 boards.

   12/10/90  Senate Prefiled
   12/10/90  Senate Referred to Committee on Medical Affairs
   01/08/91  Senate Introduced and read first time SJ-119
   01/08/91  Senate Referred to Committee on Medical Affairs SJ-119

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-385 SO AS TO PROVIDE THE POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 44-20-385. Subject to the provisions of this chapter and the regulations of the department each county mental retardation board:

(1) is 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. 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 and mortgage property and erect and maintain buildings. The department shall 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. However, the department has no responsibility for the debt so approved;

(2) shall submit an annual plan and projected budget to the department for approval and consideration of funding;

(3) shall review and evaluate on at least an annual basis the county mental retardation services provided pursuant to this chapter and report its findings and recommendations to the department;

(4) shall 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) shall 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 meet specifications prescribed by the department;

(6) shall plan, arrange, implement, and monitor working agreements with other human service agencies, public and private, and with other educational and judicial agencies;

(7) shall provide the department records, reports, and access to its sponsored services and facilities 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) shall represent the best interest of persons with mental retardation or related disabilities to the public, public officials, and other public or private organizations."

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