Bill Text: SC H4571 | 2015-2016 | 121st General Assembly | Introduced
Bill Title: Governing Boards appointed by a legislative delegation
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2016-01-21 - Member(s) request name added as sponsor: Stringer [H4571 Detail]
Download: South_Carolina-2015-H4571-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.
