Download This Version in Microsoft Word format
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.
This web page was last updated on December 10, 2015 at 3:30 PM