Reference is to Printer's Date 3/12/14-H.
Amend the joint resolution, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. (A)
To provide that through Fiscal Year 2014-2015, the
Department of Juvenile Justice shall assume administrative
control of the John de la Howe School, and the powers and duties
of the board of trustees must be transferred to the department
through Fiscal Year 2014-2015, including, but not limited
to:
(1)
controlling of the business, property, and affairs of the
school, as provided in Section 59-49-20;
(2)
electing of a superintendent for the school and the
authority to approve decisions of the superintendent concerning
the employ and discharge of all employees of the school as
provided in Section 59-49-80;
(3)
instructing the superintendent of the school to implement
programs which shall meet the needs of children from all of
South Carolina who for some urgent reason need to be separated
from their home or community as provided in Section
59-49-100;
(4)
carrying out improved forestry and farm practices on the
timber holdings and farmland of the school property and apply
the revenues derived from them and any other revenue source on
the property for the further improvement and development of the
school forest and farmlands and for other school purposes, as
provided in Section 59-49-110;
(5)
having discretion over the use of all amounts received
from the estate of John de la Howe for the support and
development of the school, as provided in Section 59-49-120;
(6)
making rules and regulations for its own government and
for the management of the school as it may deem necessary,
consistent with the laws of this State and with the terms of the
will of Dr. John de la Howe, as provided in Section
59-49-140;
(7)
determining policies concerning the manner and method of
determining financial ability and the collecting and retention
of amounts required to be paid for the maintenance of students
in accordance with state policy, as provided in Section
59-49-150; and
(8)
powers and duties of the board derived from any other
provisions of Chapter 49, Title 59 or another provision of
law.
(B) Through Fiscal Year
2014-2015, the members of the board of trustees of the John de
la Howe school shall serve in an advisory capacity to the
Department of Juvenile Justice. The provisions of Section
59-49-20, concerning terms and vacancies of board members,
Section 59-49-30, concerning removal of board members, Section
59-49-40, concerning meetings of trustees, and Section 59-49-60,
concerning compensation of trustees, remain in full force and
effect through Fiscal Year 2014-2015 independent of the
department's administrative control of the school as provided in
subsection (A). However, nothing in this joint resolution may be
construed to toll the running of the terms of the members of the
board of trustees through Fiscal Year 2014-2015.
(C) The provisions of
this joint resolution must be construed liberally in favor of
empowering the Department of Juvenile Justice to control the
affairs of the John de la Howe school through Fiscal Year
2014-2015, and to the extent a provision of Chapter 49, Title 59
conflicts with a provision of this joint resolution, the
provisions of this joint resolution must prevail.
SECTION 2. This joint resolution takes effect upon approval by the Governor and only applies through June 30, 2015. /
Renumber sections to conform.
Amend title to conform.