Current Status Introducing Body:Senate Bill Number:351 Primary Sponsor:Bryan Committee Number:13 Type of Legislation:GB Subject:Mental Retardation, County Boards of Residing Body:Senate Current Committee:Medical Affairs Companion Bill Number:3064 Computer Document Number:351 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Peeler Hayes Fielding Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
351 Senate Jan 08, 1991 Introduced and read first 13
time, referred to Committee
351 Senate Dec 10, 1990 Prefiled, referred to 13
Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-20-375 of the 1976 Code, as added by Act 496 of 1990, is amended to read:
"Section 44-20-375. Every county or combination of counties establishing a county mental retardation services program, before it comes within the provisions of this article, shall establish a county mental retardation board of not less than five members. The members must be appointed by the Governor, upon the recommendation of the majority of the members of the county legislative delegations of the county or counties participating. The number of members representing each county must be proportional to that county's population in relation to the total population of the counties served by the county board. However, no county participating in a multi-county board may have less than two members. The terms of the members are for four years and until their successors are appointed and qualify. As near an equal number as possible must be appointed each year. Vacancies must be filled for unexpired terms in the same manner as original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard. (A) After June 30, 1991, county boards of mental retardation may 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. The ordinance must be in effect before the board is notified by the department that it has qualified pursuant to Section 44-20-370. The board may be dissolved by repeal of the county ordinance creating it.
(B) County boards of mental retardation established before July 1, 1991, continue to exist, operate, and function. However, if the membership of these existing boards is changed or reconstituted after June 30, 1991, it must be changed or reconstituted by county ordinance in the manner provided in subsection (A).
(C) After June 30, 1991, the department shall recognize only county boards of mental retardation that plan, administer, or provide services to persons with mental retardation or related disabilities within a county or combination of counties, and which are created, established, or established and reconstituted pursuant to this section, including those whose members are appointed by the Governor.
(D) A county board of mental retardation is a public entity."
SECTION 2. Section 44-20-378 of the 1976 Code, as added by Act 496 of 1990, is amended to read:
"Section 44-21-378. County Mental Retardation Boards created by actions of county councils have equal status with and shall accept and perform the duties assigned to those created pursuant to Section 44-20-375. The department may contract with them for a full range of mental retardation services. A county board of mental retardation established pursuant to Section 44-20-375 must consist of not less than five members. If the board is created within a combination of counties, the number of members representing each county must be proportional to the county's population in relation to the total population of the counties served by the board. However, a county participating in a multicounty board must not have less than two members. The term of the members is four years and until their successors are appointed and qualify. Vacancies must be filled in the same manner as the original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard."
SECTION 3. This act takes effect July 1, 1991.