S 1115 General Bill, By Bryan, H.U. Fielding, D.L. Hinds, C.T. Hinson and 
Peeler
 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.

   12/02/91  Senate Prefiled
   12/02/91  Senate Referred to Committee on Medical Affairs
   01/14/92  Senate Introduced and read first time SJ-32
   01/14/92  Senate Referred to Committee on Medical Affairs SJ-32

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.

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

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; however, and the appointment authority 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."

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