Current Status Introducing Body:
HouseBill Number: 3064Ratification Number: 66Act Number: 32Primary Sponsor: P. HarrisType of Legislation: GBSubject: Mental Retardation County Board, creation by ordinanceCompanion Bill Number: 351Date Bill Passed both Bodies: Apr 04, 1991Computer Document Number: 3064Governor's Action: SDate of Governor's Action: Apr 23, 1991Introduced Date: Jan 08, 1991Date of Last Amendment: Mar 05, 1991Last History Body: ------Last History Date: Apr 23, 1991Last History Type: Act No. 32Scope of Legislation: StatewideAll Sponsors: P. Harris Carnell J. Harris Mattos CorningType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3064 ------ Apr 23, 1991 Act No. 32 3064 ------ Apr 23, 1991 Signed by Governor 3064 ------ Apr 18, 1991 Ratified R 66 3064 Senate Apr 04, 1991 Read third time, enrolled for ratification 3064 Senate Apr 03, 1991 Read second time 3064 Senate Apr 02, 1991 Committee Report: Favorable 13 3064 Senate Mar 07, 1991 Introduced, read first time, 13 referred to Committee 3064 House Mar 06, 1991 Read third time, sent to Senate 3064 House Mar 05, 1991 Amended, read second time 3064 House Feb 26, 1991 Debate adjourned until Tuesday, March 5 3064 House Feb 19, 1991 Debate adjourned until Tuesday, February 26 3064 House Feb 12, 1991 Debate adjourned until Tuesday, February 19 3064 House Feb 06, 1991 Committee Report: Favorable 27 with amendment 3064 House Jan 08, 1991 Introduced and read first 27 time, referred to Committee 3064 House Dec 12, 1990 Prefiled, referred to 27 CommitteeView additional legislative information at the LPITS web site.
(A32, R66, H3064)
AN ACT 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:
County ordinance required to create county mental retardation boards
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. (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, the appointing authority for board members which existed on January 1, 1991, must be preserved in the ordinance.
(B) County boards of mental retardation established before January 1, 1991, shall continue to exist, operate, and function as they existed on January 1, 1991, until created by ordinance pursuant to subsection (A).
(C) After June 30, 1992, 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 which are created or established pursuant to this section, including those whose members are appointed by the Governor. A county board of mental retardation created by ordinance before January 1, 1991, is considered created pursuant to this section, provided the ordinance includes and complies with the provisions of subsection (A).
(D) A county board of mental retardation is a public entity."
Board composition, terms, etc.
SECTION 2. Section 44-20-378 of the 1976 Code, as added by Act 496 of 1990, is amended to read:
"Section 44-20-378. 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 for unexpired terms 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.
Approved the 23rd day of April, 1991.