Bill 4103

                    Current Status

Introducing Body:               House
Bill Number:                    4103
Ratification Number:            442
Act Number:                     381
Primary Sponsor:                P. Harris
Type of Legislation:            GB
Subject:                        Mental retardation boards,
                                county
Companion Bill Number:          1115
Date Bill Passed both Bodies:   Apr 30, 1992
Computer Document Number:       DKA/3519.BD
Governor's Action:              S
Date of Governor's Action:      May 19, 1992
Introduced Date:                Jan 14, 1992
Last History Body:              ------
Last History Date:              May 19, 1992
Last History Type:              Act No. 381
Scope of Legislation:           Statewide
All Sponsors:                   P. Harris
                                Carnell
                                J. Harris
                                Mattos
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4103  ------  May 19, 1992  Act No. 381
 4103  ------  May 19, 1992  Signed by Governor
 4103  ------  May 13, 1992  Ratified R 442
 4103  Senate  Apr 30, 1992  Read third time, enrolled for
                             ratification
 4103  Senate  Apr 29, 1992  Read second time
 4103  Senate  Apr 28, 1992  Committee Report: Favorable     13
 4103  Senate  Feb 25, 1992  Introduced, read first time,    13
                             referred to Committee
 4103  House   Feb 21, 1992  Read third time, sent to
                             Senate
 4103  House   Feb 20, 1992  Read second time, unanimous
                             consent for third reading on
                             next Legislative day
 4103  House   Feb 19, 1992  Committee Report: Favorable     27
 4103  House   Jan 14, 1992  Introduced, read first time,    27
                             referred to Committee

(A381, R442, H4103)

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.