Bill Text: SC H3165 | 2017-2018 | 122nd General Assembly | Introduced


Bill Title: Governing boards

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2017-01-10 - Referred to Committee on Judiciary [H3165 Detail]

Download: South_Carolina-2017-H3165-Introduced.html


A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-260 SO AS TO PROVIDE THAT A GOVERNMENT AGENCY, BODY, COMMISSION, COMMITTEE, OR COUNCIL WHOSE GOVERNING BOARD IS APPOINTED BY A LEGISLATIVE DELEGATION OF THIS STATE MAY NOT ASSIGN, CONVEY, DEVOLVE, ENTRUST OR TRANSFER TO ANOTHER BOARD OR ENTITY THE BOARD'S GOVERNANCE AUTHORITY, DUTIES, FUNCTIONS, RESPONSIBILITIES, OR OPERATIONAL OVERSIGHT WITHOUT A PRIOR AFFIRMATIVE ACT OF THE GENERAL ASSEMBLY, AND TO PROVIDE PENALTIES.

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

SECTION    1.    Chapter 1, Title 2 of the 1976 Code is amended by adding:

"Section 2-1-260.    (A)    Notwithstanding another provision of law, a government agency, body, commission, committee, or council whose governing board is appointed by a legislative delegation of this State may not assign, convey, devolve, entrust, or transfer to another board or entity the board's governance authority, duties, functions, responsibilities, or operational oversight without a prior affirmative act of the General Assembly.

(B)    A member of a governing board described in subsection (A) who casts an affirmative vote:

(1)    to assign, convey, devolve, entrust, or transfer to another board or entity the board's governance authority, duties, functions, responsibilities, or operational oversight without a prior affirmative act of the General Assembly; or

(2)    to approve or ratify the assignment, conveyance, devolution, entrustment or transfer to another board or entity the board's governance authority, duties, functions, responsibilities, or operational oversight without a prior affirmative act of the General Assembly, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. In addition to a fine or imprisonment, or both, a person who is convicted of violating the provisions of this section:

(a)    must be dismissed from office, with the resulting vacancy filled in the manner of the original appointment; and

(b)    is permanently disqualified from holding public office in this State."

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

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