1976 South Carolina Code of Laws
Unannotated
Updated through the end of the 2000 Session

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Title 59 - Education

CHAPTER 53.

TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING

ARTICLE 1.

STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION

SECTION 59-53-10. State Board for Technical and Comprehensive Education created; members; terms; rules and regulations; contracts.

There is hereby created the State Board for Technical and Comprehensive Education (Board) as a continuing body and agency and instrumentality of the State. The board shall consist of ten members, appointed by the Governor for terms of six years and until successors are appointed and qualify. One member must be appointed from each congressional district, with the advice and consent of the legislative delegations of the congressional district involved, and be a resident thereof. There must be four at-large members appointed by the Governor, one of whom must be experienced in the policy development of secondary vocational education and adult basic and adult secondary education and one of whom must be experienced in the policy development of federal job training programs. The initial terms of office of board members representing congressional districts are for a period of years corresponding to the numerical designation of their respective districts. The initial terms of office of the first at-large members of the board are for three and six years determined by lot and the initial term of the at-large member experienced in the policy development of secondary vocational education and adult basic and adult secondary education is three years and the initial term of the at-large member experienced in the policy development of federal job training programs is six years. In addition, the State Superintendent of Education and the Secretary of Commerce shall serve as ex officio members of the board. The chairman must be elected by the board. In case a vacancy shall occur a member must be appointed in the same manner for the remainder of the unexpired term. The board shall enter into contracts and make regulations, including policies and guidelines, as considered necessary to fulfill the intent of Sections 59-5-61, 59-43-20, 59-53-10, 59-53-20, 59-53-40, 59-53-50, 59-53-57, 59-54-10 through 59-54-60, subject to the approval of the General Assembly.

SECTION 59-53-20. Jurisdiction and authority of Board over state-supported technical institutions and programs; South Carolina Technical Education System.

The State Board for Technical and Comprehensive Education shall have within its jurisdiction, in accordance with the provisions of this article, all state-supported technical institutions and their programs that are presently operating and any created in the future.

The State Board for Technical and Comprehensive Education shall have approval or disapproval authority over all post-secondary vocational, technical, and occupational diploma and associate degree programs financed in whole or in part by the State that lead directly to employment. Excepted are programs presently being offered by other state-supported institutions of higher learning which shall continue their present programs under the direction of their respective institutions. The Board shall continue major emphasis on the special schools program, which provides training for prospective employees for new and expanding industry, these programs to be closely coordinated with the state's economic development efforts.

The State Board of Education shall continue jurisdiction over currently operating licensed practical nurse (LPN) programs and twelve-month vocational agriculture programs which include adult training in agriculture in the public schools and these programs are subject to the requirements of Sections 59-54-40, 59-54-50, and 59-54-60.

All courses, programs, and institutions within the jurisdiction of the State Board for Technical and Comprehensive Education must be identified and administered as the South Carolina Technical Education System.

The State Board for Technical and Comprehensive Education shall have the responsibility for developing and maintaining short and long-range plans for providing up-to-date and appropriate occupational and technical training for adults and shall coordinate its planning activities with the Economic Development Coordinating Council, the State Council on Vocational-Technical Education, the Commission on Higher Education, the State Department of Education, the Employment Security Commission, and other state agencies, institutions, and departments.

All personnel employed in the institutions and programs within the jurisdiction and control of the State Board for Technical and Comprehensive Education are designated state employees whether paid in whole or in part by state funds and are subject to the regulations, guidelines, and policies of the State Board for Technical and Comprehensive Education, the Budget and Control Board, and the state personnel system. There may be no local supplements to any salaries. The State Board for Technical and Comprehensive Education shall establish salary ranges for unclassified institutional employees based upon minimum standard systemwide qualification criteria. Area commissions will fill all positions with qualified personnel.

SECTION 59-53-30. Open admissions; tuition and fees; literacy and vocational programs; parallel programs.

Institutions of the South Carolina Technical Education System shall maintain open admissions policies unless determined to be economically unfeasible by the Budget and Control Board and establish and maintain low tuition and fees in order to provide access to post-secondary education and insure that such educational opportunities shall not be denied to anyone.

Upon request and justification and with the approval of the State Board of Education, the Board may authorize an institution within its jurisdiction to contract with local school districts to offer adult literacy courses and programs and secondary-level vocational courses and programs.

Upon request and justification and with the approval of the Commission on Higher Education, the Board may authorize an institution within its jurisdiction to offer two-year college parallel programs. The Commission on Higher Education shall approve all criteria for college parallel courses.

SECTION 59-53-40. Coordination with Commission on Higher Education and others; budget; college parallel courses and associate degree programs.

The Board and local area commissions shall insure effective coordination with the public schools, other state agencies, literary councils, and private and nonprofit training organizations to maximize opportunities to best meet local education and training needs. The Board shall maintain effective coordination with the Commission on Higher Education and other educational boards and state agencies.

The Board is required to submit to the Commission on Higher Education a budget and enrollment documentation for all existing and proposed college parallel courses or associate degree programs with college transfer credit by institutional location for review and comment prior to submission of the Board's total state budget request to the State Budget and Control Board.

All college parallel courses or associate degree programs are subject to the approval or termination by the Commission on Higher Education.

SECTION 59-53-50. Additional powers and duties of Board.

The Board shall:

(1) be responsible for the state-level development, implementation, coordination, and operation of an adequate and high quality post-high school vocational, technical, and occupational diploma and associate degree courses, programs, and adult short-term training programs and courses financed in whole or in part by state funds; such courses and programs to be characterized by a continuing strong emphasis on the employment needs of the State, the communities, and people of South Carolina;

(2) establish criteria for and approve the awarding of certificates, diplomas, and associate (but not baccalaureate) degrees to students who successfully complete authorized and prescribed courses and programs of study and training;

(3) participate in the various programs of federal aid to public, post-secondary, two-year institutions, and to the students therein;

(4) accept and administer donations of funds, grants, real property, or equipment from individuals, corporations, foundations, and governmental bodies;

(5) establish a minimum and maximum tuition fee with the approval of the area commissions. Any fees charged above or below this established fee schedule shall require the approval of the Board and the appropriate area commissions;

(6) require accountability for and maintain inventory records over all donated equipment, all real property, and equipment in the South Carolina Technical Education System which is purchased by or for the institutions and programs regardless of source of funds. All inventory records shall identify sources of funds and ownership of all items;

(7) establish criteria for the justification of a new facility or the modification of existing facilities. No new facilities or modification of existing facilities shall occur without the approval of the area commission and the Board, and the location of any such new facility or modification of an existing facility in a particular county is subject to the approval of a majority of the members of the area commission from that county;

(8) employ an executive director and such other personnel as may be necessary for the Board to fulfill its duties and responsibilities;

(9) file reports on its activities annually, with such recommendations as may be appropriate, to the Governor and General Assembly;

(10) continue the special schools training program for new and expanding industry and business, closely coordinated with the state's economic development efforts;

(11) accept and administer federal funds provided to the State through the Job Training Partnership Act or succeeding programs;

(12) in accordance with memoranda of agreement with the South Carolina State Board of Education, beginning with the 1986-87 school year, accept and administer federal funds allocated to the State and required to be used for adult vocational training and retraining;

(13) assure leadership in education and training among state agencies in aiding businesses and industries faced with the curtailment or the reduction of their work force and assist displaced employees and welfare recipients in assessing their educational needs and providing education and training to meet those needs.

SECTION 59-53-51. Board to establish statewide policies and procedures; appeal by area commission to Budget and Control Board.

The Board shall establish statewide policies and procedures necessary to insure educational and financial accountability for operation of the technical education institutions and their programs.

The area commissions shall participate and provide input in the formulation of statewide policies and procedures through joint meetings, distribution of discussion documents and position papers, joint committees, service by area commission members on state board standing committees, and whatever other means which may be necessary or desirable.

The area commissions are delegated primary responsibility for local governance and supervision of the individual institutions in compliance with all state laws by adoption of appropriate local policies and procedures which are consistent with state-level policies and procedures.

Institutional fees and locally appropriated county funds must be retained in accounts held by the area commissions for expenditure under their direction in accordance with all applicable state and other laws.

An area commission has the right to appeal to the Budget and Control Board any final decision or action of the Board in accordance with the following procedures:

(1) if differences occur between the state executive director and the local president, the executive director, local president, and state board congressional district member or a designated at-large Board member shall appear before the local area commission to resolve the differences;

(2) if the differences are not resolved as outlined in item (1) the area commission chairman, local president, and state executive director shall appear before the Board to resolve the differences;

(3) if the differences are not resolved by the Board all parties, including the chairman of the Board, shall appear before the Budget and Control Board to resolve the differences.

SECTION 59-53-52. Powers and duties of area commissions, generally.

The area commissions shall:

(1) Adopt and use a corporate seal;

(2) Adopt such bylaws, rules and regulations for the conduct of business and the expenditure of their funds as they may deem desirable;

(3) Acquire sites and construct and equip thereon appropriate facilities in accordance with item (7) of Section 59-53-50; all real property is the possession of the area commission regardless of the source of funds for its purchase or construction, except for those campuses currently owned by the State. All personal property purchased with local funds is the possession of the area commission;

(4) Acquire by gift, purchase or otherwise all kinds and descriptions of real and personal property;

(5) Accept gifts, grants, donations, devises and bequests;

(6) Provide appropriate supervision of the maintenance of any facility established to promote post-secondary vocational, technical and comprehensive education;

(7) Exercise responsibility for the operation, maintenance and improvement of institutional facilities;

(8) Employ the institutional chief administrative officer from a list of at least three candidates recommended by a committee consisting of the chairman of the area commission or designated commission member, the chairman of the Board or designated State Board member and one area president appointed by the two aforementioned persons;

(9) Employ such other personnel as may be deemed necessary;

(10) Establish, promulgate and enforce reasonable rules and regulations for the operation of their facilities;

(11) Operate their affairs on a fiscal year beginning on July first each year and ending June thirtieth of the succeeding calendar year;

(12) Expend any funds received in any manner consistent with their approved budget and in accordance with the purposes for which the funds were made available including the proceeds derived from any bonds issued by the county or counties to defray any costs incident to the establishment of adequate facilities for the program and thereafter to expend such funds for the operation, maintenance and improvement of the facilities;

(13) Exercise the right of eminent domain in the geographical area served by each respective institution;

(14) Apply for, receive and expend moneys from all state, local and federal governmental agencies;

(15) Keep full and accurate accounts of receipts and expenditures and make monthly reports in accordance with uniform procedures established for the system, and within ninety days following the close of the fiscal year cause a complete audit of institutional affairs to be made by an independent certified public accountant with copies of the audit report and related documents to be delivered concurrently to the area commission and the Board. The area commission shall make copies available to legislative delegations or county governing bodies participating in the funding of the institution;

(16) Prepare and submit budgets for review by the county governing bodies participating in the funding of the individual institutions and to the Board for approval in accordance with the methods and procedures established by each of the bodies or agencies involved. Local tax revenue budgets shall require the approval of the county governing bodies;

(17) Award certificates, diplomas and associate (but not baccalaureate) degrees to students who successfully complete authorized and prescribed courses and programs of study and training;

(18) Exercise such other powers as may be provided for them by the legislation which established and regulates the particular area commission.

Except as otherwise provided herein, area commissions of the technical institutions existing on June 17, 1976, shall continue as presently constituted and as provided for by the legislation establishing the respective commissions.

SECTION 59-53-53. Borrowing by area commissions; special fees; disposing of excess real property.

(A) The area commission of any technical education institution under the jurisdiction of the South Carolina technical education system may borrow for capital improvements from a federal or other lending agency an amount not to exceed its ability to repay the loan through the imposition of a special fee. The terms of the loan may not exceed forty years. An area commission may issue covenants, enter into mortgages, and grant liens limiting the sale or use of certain parcels of real or personal property in its possession when required as a condition of accepting a grant, loan, or donation for specified capital improvement projects.

To amortize the loan, a special fee must be imposed within the limits established by the state board, the proceeds of which must be deposited in a special account to be used for payment of the loan in accordance with the terms negotiated by the commission and the lender. No funds other than the revenue from the special fee may be pledged for payment of the loan.

(B) The governing body for each technical college shall review the real property titled in the name of its institution to determine if such property is in excess of the institution's anticipated needs and is available for disposal. All real properties determined to be in excess may be disposed of with the approval of the State Board for Technical and Comprehensive Education, the Budget and Control Board, and the Joint Bond Review Committee. The proceeds of such sales are to be disposed of as follows:

(1) if the property was acquired by gift, or through tuition, student fees, county funds, or earned income, the proceeds may be retained by the selling institution for use in accord with established needs;

(2) if the property was acquired through state appropriations, state capital improvement bonds, or formula funds, the proceeds shall revert to the state general fund.

The responsibility for providing any necessary documentation including, but not limited to, documenting the fund source of any real property proposed for sale rests with each respective institution.

SECTION 59-53-57. State funds; procedures for appropriations.

State funds for the South Carolina Technical Education System must be appropriated to the board by the General Assembly and funds budgeted for the technical institutions must be allocated in a uniform and equitable manner. Monies appropriated for special schools must be retained at the state level and expended upon recommendation of the board. The board and all institutions under its direction shall use prescribed statewide accounting and budgeting systems which shall account for all revenues and expenditures regardless of sources of funds and purposes for which expended. The systems shall include provisions to identify specific revenues with the specific expenditures to which they relate when the fund source so requires.

The board and institutions are eligible to receive state funds for capital facilities. Prior to the withdrawal of authorized funds from the State Treasurer, the State Board for Technical and Comprehensive Education shall obtain and transmit to the State Treasurer a certificate from the appropriate official at the technical institution stating that a minimum of twenty percent of each project cost has been provided by the local support area. The provisions of this paragraph do not apply to Denmark and Beaufort Technical Colleges.

SECTION 59-53-70. Branches of University of South Carolina.

All four-year and three-year branches of the University of South Carolina shall continue to exist as branches of the University of South Carolina and three-year branches may add the fourth year upon approval of the Board of Trustees of the University of South Carolina.

SECTION 59-53-80. Transfer of control and management of certain area trade schools from State Board of Education to State Board for Technical and Comprehensive Education.

Effective July 1, 1969, the control and management of the area trade schools now located in Lexington, Bamberg and Beaufort Counties shall be transferred from the State Board of Education to the State Board for Technical and Comprehensive Education, as successor to the Advisory Committee for Technical Training. The Board shall merge and/or consolidate the trade schools into its system of local technical education centers in such manner as, in its opinion, will best serve the educational objectives of the technical training program; provided, that high school level vocational programs shall continue to be offered to students in the high schools of the area.

SECTION 59-53-90. Applications for Federal funds.

Applications for Federal funds for technical training or for financing construction of technical training centers shall be made by the State Board for Technical and Comprehensive Education and by the Governor on behalf of the State as a coapplicant along with the Board when such applications are required by the funding agency.

SECTION 59-53-100. Expenditure of net funds derived from auxiliary enterprises in institutions under supervision of Board; limitations.

All net funds derived from auxiliary enterprises in any institution under the supervision of the State Board for Technical and Comprehensive Education shall be expended by the institution subject to the following limitations: up to twenty percent of the net funds/or $1,000 whichever is greater may be expended specifically for promotional use and at least eighty percent of the net funds shall be expended for the institution's operational expenses. Provided, further, That promotional expenditures shall be in keeping with policies and guidelines developed by the State Board for Technical and Comprehensive Education.

ARTICLE 2.

FACILITIES AND IMPROVEMENTS FOR TECHNICAL EDUCATION COLLEGES AND CENTERS

SECTION 59-53-150. Legislative findings.

The General Assembly finds that additional facilities and improvements will be required from time to time for certain technical education colleges and centers in the State which will be of benefit to those in attendance at such institutions and which are properly payable from the special student fee authorized by this article, and it has been determined to empower the State Board for Technical and Comprehensive Education acting for such institutions to provide such facilities and improvements through the procedures provided for in this article.

SECTION 59-53-151. Definitions.

As used in this article:

(1) "Board" shall mean the State Board for Technical and Comprehensive Education.

(2) "Bonds" shall mean the special obligation bonds of the particular technical education college or center for whom bonds are issued.

(3) "Bond reserve fund" shall mean each special fund to be established which shall be in the custody of the State Treasurer and which is primarily established for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds issued for any college in the event that payments otherwise required for the debt service fund shall be insufficient to meet the payment of such principal and interest as and when they become due and payable. Moneys in the bond reserve fund may also be used to pay costs of plant improvements for such college in accordance with the provisions of Section 59-53-164 of this article.

(4) "College" shall mean each of the technical education colleges or centers.

(5) "Debt service fund" shall mean each fund to be established for the payment of the principal of and interest on the bonds issued for any college.

(6) "Plant improvements" shall mean the construction of and improvements to the buildings and equipment constituting facilities for any college.

(7) "Special student fee" shall mean the fee authorized to be established by the board at any college to provide funds for the repayment of bonds issued for such college.

(8) "State board" shall mean the State Budget and Control Board.

SECTION 59-53-152. Board may construct or acquire plant improvements.

The board may construct or acquire plant improvements at any college, and thereafter utilize, operate and maintain them, if such undertakings have received the prior approval of the state board.

SECTION 59-53-153. Bond issues.

The board may issue bonds of any college payable from the special student fee imposed at such college in such amounts as may from time to time be determined by the board to be necessary to meet the cost of plant improvements at such college but only under the following conditions:

(1) The approval of the state board, expressed by resolution duly adopted, shall be obtained. Such approval is hereby declared a condition precedent to the issuance of bonds pursuant to this article, and no bonds shall be issued without such approval.

(2) Notwithstanding any other provisions of this article, there must not be outstanding at any time bonds issued pursuant to this section for any college in excess of four million dollars.

(3) No bonds may be issued unless there is on deposit in the bond reserve fund for such college a sum equal to the lesser of (a) ten percent of the principal of all bonds then outstanding, or (b) the maximum reserve prescribed by the applicable regulations of the United States Treasury Department relating to arbitrage bonds.

SECTION 59-53-154. Bond issues; full faith and credit of State shall not be pledged.

The faith and credit of the State shall not be pledged for the payment of the principal and interest of any bonds issued pursuant to this article and there shall be on the face of each bond a statement plainly worded to that effect. Neither the members of the board nor any other person executing the bonds shall be personally liable thereon.

SECTION 59-53-155. Bond issues; resolutions by board; limitations.

In order to utilize the authorizations of this article, the board on behalf of any college may adopt resolutions providing for the issuance of bonds for the college within the limitations herein mentioned, and by such resolution shall prescribe the tenor, terms and conditions of the bonds and the obligations of the college incurred in connection with their issuance. The bonds for any college may be issued either as a single issue or from time to time as several separate issues. In the event that the bonds for any college shall be issued as two or more issues, then notwithstanding, all bonds for such college shall be on a parity in all respects inter sese and shall be equally and ratably entitled to payment from the special student fee imposed at the college; provided, that in instances where an area commission is in charge of the operations of any college, the approval of the area commission to the action of the board authorized by this section shall be first obtained.

SECTION 59-53-156. Bond issues; maturing provisions; interest; redemption.

The bonds shall be issued as serial bonds, maturing in equal or unequal amounts, at such time and on such occasions and shall be in such denominations as the board shall determine; provided, that the last maturing bonds of any issued shall be expressed to mature not later than forty years from their date, and the first maturing bonds of any issue shall fall due not later than three years from their date. The bonds shall bear such rate or rates of interest within the limitation of Section 11-9-350 of the 1976 Code, payable on such occasions as the board shall prescribe, and shall be payable in such medium of payment and at such place as such resolutions shall prescribe. Any bonds may be issued with provisions permitting their redemption prior to their stated maturity, at such time and under such conditions as the board shall prescribe. Bonds made subject to redemption prior to their stated maturities may contain a provision requiring the payment of a premium for the privilege of exercising the right of redemption, within such limitations as the board shall prescribe. All bonds that are subject to redemption shall contain a statement to that effect on the face of each bond. Any resolution authorizing redeemable bonds shall contain provisions specifying the manner of call and the notice thereof that must be given.

SECTION 59-53-157. Bond issues; negotiable coupon bonds or fully registered bonds.

The bonds may be in the form of negotiable coupon bonds, payable to bearer, with the privilege to the holder of having them registered as to principal on registry books kept for the college by the State Treasurer, and the principal thus made payable to the registered holder, unless the last registered transfer shall have been to bearer, upon such conditions as the board shall prescribe, or the bonds may be issued as fully registered bonds in such form as may be prescribed by the board. If issued as fully registered bonds, it may be provided that they may thereafter be converted into negotiable coupon bonds of the tenor first above described.

SECTION 59-53-158. Bond issues; tax-exempt status.

The bonds and all interest to become due thereon shall have the tax-exempt status prescribed by Section 12-1-60 of the 1976 Code.

SECTION 59-53-159. Bond issues; executors, administrators and the like.

It shall be lawful for all executors, administrators, guardians and fiduciaries to invest any moneys in their hands in bonds.

SECTION 59-53-160. Bond issues; executed in name of subject college.

The bonds, and the coupons, if any, attached to the bonds, shall be executed in the name of the college for whom the bonds are issued in such manner and by such person as the board shall from time to time determine, and the seal of the board shall be reproduced, affixed to or impressed on each bond. Any coupons attached to the bonds shall be authenticated by the facsimile signatures of one or more of the persons signing the bonds. The delivery of the bonds and coupons so executed shall be valid notwithstanding changes in officers or seal occurring after such execution and prior to the delivery thereof.

SECTION 59-53-161. Bond issues; disposal of bonds.

All bonds shall be disposed of in such manner as the board shall determine, except that no sale, privately negotiated without public advertisement, shall be made unless the approval of the state board shall be obtained. If the board shall elect to sell the bonds at public sale, at lease one advertisement thereof shall appear either in a financial paper published in New York City, or some newspaper of general circulation in South Carolina, not less than seven days prior to the occasion fixed for the opening of bids.

SECTION 59-53-162. Proceeds of bonds.

The proceeds of all bonds shall be delivered to the State Treasurer and retained by him in a special fund or funds and applied solely to the purposes for which the bonds shall have been issued. Withdrawals from the fund shall be made on the order or requisition of the board and shall be in such form as the State Treasurer shall prescribe. The State Treasurer may make temporary investments of funds derived from the proceeds of bonds in the manner prescribed by law.

SECTION 59-53-163. Bond reserve fund and student fee.

To the end that provision be made for the adequate payment of the principal of and interest on the bonds, the board shall be empowered as follows:

(1) To immediately establish a bond reserve fund for the college for whom bonds are to be issued.

(2) To impose a special student fee, in addition to all other fees and charges, upon each person at such college under such conditions as the board shall determine.

SECTION 59-53-164. When student fee is payable; payment of costs from reserve fund.

Each special student fee shall be in such amount and shall be payable on such occasions as shall be provided by the schedule or schedules which shall from time to time be promulgated by the board, which is authorized to revise any such schedule from time to time when required by the provisions of this article by any resolution of the board authorizing the issuance of any bonds.

A special student fee at any college may, in the discretion of the board, be made effective as of July 1, 1978, notwithstanding that bonds authorized by this article may not be issued for the college until some subsequent date. All moneys received therefrom prior to the issuance of the bonds shall be deposited in the bond reserve fund for the college.

Prior to the issuance of any bonds, moneys in the bond reserve fund may be used to pay costs incurred or to be incurred in connection with any plant improvements which may be acquired by the board in accordance with the provisions of Section 59-53-152 and the State Treasurer may honor requisitions of the board drawn for such purposes. Subsequent to the issuance of any bonds pursuant to this article, moneys in the bond reserve fund shall be used only to meet the payment of the principal of and interest on the bonds, except that if accumulations of the bond reserve fund shall become greater than the amount prescribed by the board in the resolution adopted pursuant to 59-53-155, such excess moneys may with the permission of the state board be applied to additional plant improvements.

SECTION 59-53-165. Board's power regarding resolutions authorizing bond issues.

In the resolutions authorizing the issuance of bonds for any college, the board shall be empowered as follows:

(1) To covenant that the bond reserve fund for such college shall be maintained throughout the life of the bonds.

(2) To covenant and agree throughout the life of any bonds issued pursuant to this article that the special student fee for such college shall be imposed, maintained and revised when necessary, in such amount, without limitation as to rate, as shall be sufficient to meet the payment of the principal and interest of the bonds as they become due and to maintain the bond reserve fund to the extent provided for therein.

(3) To establish the debt service fund which shall be maintained in the hands of the State Treasurer.

(4) To covenant that all revenues derived from the special student fee shall be paid into the bond reserve fund or the debt service fund.

(5) To establish appropriate rules requiring the prompt payment of the special student fee.

(6) To covenant as to the use of the proceeds of the sale of the bonds.

(7) To provide for the terms, forms, registration, exchange, execution and authentication of bonds and for the replacement of lost, destroyed or mutilated bonds.

(8) To covenant for the mandatory redemption of bonds on such terms and conditions as the resolutions authorizing the bonds may prescribe.

(9) To prescribe the procedure by which the terms of the contract with the bondholders may be amended, the number of bonds whose holders must consent thereto and the manner in which the consent shall be given.

(10) To covenant to insure any plant improvements paid for with the proceeds of the bonds against loss by fire, or other casualty.

(11) To prescribe the events of default and the terms and conditions upon which all or any bonds shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived.

(12) To reserve the right to issue additional bonds, payable from the special student fee to the extent to which the board may hereafter become authorized to issue additional bonds, either pursuant to this section or pursuant to other legislation hereafter enacted, and to prescribe the conditions under which such bonds may be issued.

(13) To make such further covenants and agreements as may be necessary or desirable in order to market the bonds.

SECTION 59-53-166. State Treasurer may accept custody of receipts from special student fee.

The State Treasurer may accept custody of receipts and revenues derived from any special student fee, to deposit them in the applicable debt service fund and in the applicable bond reserve fund and to utilize the proceeds of the debt service fund and the bond reserve fund for the payment of the principal of and interest on bonds, as and when they become due and payable. It shall be the duty of the board to make provision for the transmission of the proceeds of each special student fee to the State Treasurer. Moneys in the debt service fund and the bond reserve fund may be invested and reinvested in obligations of the United States or any agency thereof with maturities consonant with the need for funds to meet the payment of the principal of and interest on the bonds.

SECTION 59-53-167. Article not intended to limit any college.

It is not intended by this article to limit any college in the construction of the plant improvements to the sums herein provided. If the college obtains funds from other sources for such purpose it may apply them to the plant improvements.

ARTICLE 3.

ANDERSON-OCONEE-PICKENS TECHNICAL EDUCATION AND TRAINING DISTRICT

SECTION 59-53-210. Creation of District; Commission.

There is hereby created the Anderson-Oconee-Pickens Technical Education and Training District, consisting of the counties of Anderson, Oconee, and Pickens, which shall be controlled and managed by a commission known as the Anderson-Oconee-Pickens Technical Education and Training Commission (hereinafter called the Commission).

SECTION 59-53-220. Members of Commission; terms.

The Commission shall consist of nine members, three from each county, to be elected by a majority of the legislative delegations of the respective counties, including the Senators. The term for one member from each county shall expire on April 1, 1963, the term for one member from each county shall expire on April 1, 1964, and the term for one member from each county shall expire on April 1, 1965. The successors of the original members shall serve for terms of three years or until their successors have been elected and qualified.

SECTION 59-53-230. Officers of Commission; conduct of business.

The Commission shall elect from its number a chairman and such other officers as may be deemed expedient, and shall make such rules and regulations for the conduct of its business as are not contrary to law.

SECTION 59-53-240. Technical education center.

The Commission shall provide for the creation, maintenance and operation of a technical educational center to be located in one of the three counties as the Commission shall designate, and there shall be developed and carried out at such center a program of adult pre-employment, adult extension, and high school pre-employment training for residents of the District and such other persons as the Commission shall designate, upon such terms as the Commission shall require.

SECTION 59-53-250. Cost of operation and maintenance of center.

All expenses of original cost and cost of operation and maintenance of the center, and expenses of the Commission, shall be borne by the three counties as follows: Anderson County, fifty per cent; Oconee County, twenty-five per cent; and Pickens County, twenty-five per cent.

SECTION 59-53-260. Disposition of center.

The center, including the real property, shall not be disposed of except upon approval of a majority of the delegations of all three counties, including the Senators.

SECTION 59-53-270. Powers of Commission.

The Commission is vested with authority to:

(1) Employ personnel;

(2) Accept and administer funds or equipment from other governmental agencies, individuals, or corporations;

(3) Enter into such contracts as may be necessary to carry out the purposes of the center;

(4) Acquire, own, and sell property, real and personal.

SECTION 59-53-280. Audit.

The Commission shall furnish to the members of the three legislative delegations who provide county funds an annual audit of the receipts and expenditures of the center.

ARTICLE 5.

AREA COMMISSION FOR THE BERKELEY - CHARLESTON - DORCHESTER TECHNICAL EDUCATION DISTRICT

SECTION 59-53-410. Creation of Area Commission; membership; officers; meetings; reports.

In order that there may be a local agency of the sort contemplated by the former provisions which created the Advisory Committee for Technical Training, to participate in and receive the benefits of the program contemplated thereby for the counties of Berkeley, Charleston and Dorchester, there is hereby created the Area Commission for the Berkeley-Charleston-Dorchester Technical Education Center (the Area Commission). The Area Commission shall have the functions and duties hereafter set forth in this article. The Area Commission shall be comprised of nine members - three of whom shall be qualified electors of Berkeley, Charleston, and Dorchester Counties, respectively. The members from each county shall be appointed by the Governor upon the recommendation of a majority of the legislative delegations of the respective counties. Of the initial appointees one member from each county shall have a term of one year, one from each county shall have a term of two years, and one from each county shall have a term of three years. Upon the expiration of the initial terms, successors shall be appointed in the manner hereinabove provided for terms of three years. All members shall hold office until their successors shall have been appointed and shall have qualified. In the event of a vacancy, a successor shall be appointed in the manner of original appointments for the remainder of the term for which the vacancy shall be filled. The Area Commission shall meet as soon after appointment as practicable and shall organize by electing a chairman and such other officers as it deems necessary. The Area Commission shall thenceforth meet upon the call of the chairman or a majority of its members. It shall make periodic reports of its activities and progress to the legislative delegation from the counties of Berkeley, Charleston and Dorchester.

In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.

In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

SECTION 59-53-420. Powers of Area Commission.

There is hereby committed to the Area Commission the function of promoting the program contemplated by the former provisions which created the Advisory Committee for Technical Training, in and for the counties of Berkeley, Charleston and Dorchester, and without in any way limiting the generality of the foregoing it shall be empowered as follows:

(1) To adopt and use a corporate seal.

(2) To adopt such bylaws, rules and regulations for the conduct of business and the expenditure of its funds as it may deem advisable.

(3) To acquire an appropriate site and to construct and equip thereon appropriate facilities, in accordance with standards and specifications contemplated by the former provisions which created the Advisory Committee for Technical Training.

(4) To acquire by gift, or purchase, or otherwise, all kinds and descriptions of real and personal property.

(5) To accept gifts, grants, donations, devises and bequests.

(6) To provide appropriate supervision of the maintenance of any facility established to promote vocational or technical education.

(7) To provide the necessary administrative services required by the State program.

(8) To employ such personnel as may be necessary to enable the Area Commission to fulfill its functions.

(9) To establish, promulgate and enforce reasonable rules and regulations, in conjunction with those promulgated by the State agency, for the operation of its facilities.

(10) To operate its affairs on a fiscal year beginning on July first in each year and ending on June thirtieth of the succeeding calendar year.

(11) To expend any funds received in any manner consistent with their approved budget, including the proceeds derived from any bonds issued by Berkeley, Charleston and Dorchester Counties to defray any costs incident to the establishment of adequate facilities for the program, and thereafter to expend such funds for the operation, maintenance and improvement of the facilities.

(12) To apply for, receive, and expend moneys from all governmental agencies, both State and Federal.

(13) To exercise all powers contemplated for local agencies by the former provisions which created the Advisory Committee for Technical Training.

(14) To exercise the power of eminent domain in the manner provided by the general laws of this State for procedure by any county, municipality or authority organized under the laws of this State, by the Department of Transportation, by railroad corporations or in any manner provided by law, as the council may, in its discretion, elect, including the procedure provided by Chapter 5, Title 28 (Sections 28-5-10 to 28-5-390).

SECTION 59-53-430. Accounts of Area Commission; audits.

The Area Commission shall at all times keep full and accurate accounts of its acts and of its receipts and expenditures, and at least once within four months following the close of its fiscal year, a complete audit of its affairs shall be made by a qualified public accountant. Copies of the audit shall be delivered to the legislative delegations and governing agencies of Berkeley, Charleston and Dorchester Counties.

SECTION 59-53-440. Budgets.

The Area Commission shall submit a budget for the ensuing fiscal year on or before February fifteenth of each year for approval by each of the respective legislative delegations from Berkeley, Charleston and Dorchester Counties.

In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.

In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

ARTICLE 7.

CHESTERFIELD-MARLBORO AREA TECHNICAL EDUCATION CENTER COMMISSION

SECTION 59-53-510. Creation of Commission; membership.

There is created the Chesterfield-Marlboro Technical College Area Commission for Chesterfield and Marlboro counties which is a body politic and corporate and the governing body of the Chesterfield-Marlboro Technical College. The commission consists of twelve members, six of whom must be registered electors of Chesterfield County and three of whom must be registered electors of Marlboro County. Appointment of these nine members must be made by the Governor upon the recommendation of a majority of the legislative delegation from the county in which the appointee is a resident for terms of three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. The superintendent of education from Chesterfield and Marlboro Counties are ex officio members of the commission. One of the superintendents of the three school districts of Dillon County shall serve as a member ex officio for a term of two years on a rotating basis.

SECTION 59-53-515. Superintendents of school districts of Dillon County to serve rotating terms as member of commission.

The superintendent of Dillon County School District 2 is the first to serve on the Chesterfield-Marlboro Technical College Area Commission, followed by the superintendent of Dillon County School District 1 and School District 3, in that order. If a superintendent is unable or chooses not to serve, the term rotates to the next superintendent in order.

SECTION 59-53-520. Administration of program of vocational and technical education.

The Committee shall constitute the administrative agency to administer the program of vocational and technical education in Chesterfield and Marlboro Counties under the former provisions which created the Advisory Committee for Technical Training.

SECTION 59-53-530. Powers and duties of Committee.

The Committee may do all things necessary or convenient to promote the objects of the program instituted by the former provisions which created the Advisory Committee for Technical Training and without in any way limiting the generality of the foregoing, may:

(1) Adopt and use a corporate seal;

(2) Adopt such bylaws, rules and regulations for the conduct of business and the expenditure of its funds as it may deem advisable;

(3) Acquire additional sites within Chesterfield and Marlboro Counties and construct and equip thereon appropriate facilities in accordance with the standards and specifications promulgated by former provisions which created the State Advisory Committee;

(4) Acquire by gift, purchase or otherwise all kinds and descriptions of real and personal property;

(5) Accept gifts, grants, donations, devises and bequests;

(6) Provide appropriate supervision of the maintenance of any facility established to promote vocational or technical education;

(7) Provide the necessary administrative services required by the State program;

(8) Employ such personnel as may be necessary to enable the Area Committee to fulfill its functions;

(9) Establish, promulgate and enforce reasonable rules and regulations, in conjunction with those promulgated by the State agency, for the operation of its facilities;

(10) Expend any funds received in any manner, including the proceeds derived from any bonds issued either by Chesterfield County or Marlboro County to defray any costs incident to the establishment of adequate facilities for the program and thereafter expend such funds for the operation, maintenance and improvement of the facilities;

(11) Apply for, receive and expend moneys from all governmental agencies, both State and Federal; and

(12) Exercise all powers contemplated for local agencies by the former provisions which created the State Advisory Committee for Technical Training, and all other laws modifying, amending or implementing it.

SECTION 59-53-540. Accounts of Committee; audit.

The Committee shall at all times keep full and accurate accounts of its acts, receipts and expenditures and at least once within four months following the close of its fiscal year a complete audit of its affairs shall be made by a qualified public accountant. Copies of the audit shall be delivered to the legislative delegations and the governing bodies of Chesterfield and Marlboro Counties.

SECTION 59-53-550. Budget.

The Committee shall submit a budget for the ensuing fiscal year on or before February fifteenth of each year for approval by each of the respective legislative delegations from Chesterfield and Marlboro Counties.

ARTICLE 8.

DENMARK TECHNICAL COLLEGE AREA COMMISSION

SECTION 59-53-610. Denmark Technical College Area Commission created; members; terms.

There is created the Denmark Technical College Area Commission which shall serve as the governing body of Denmark Technical College. The commission is a body politic and corporate and consists of eight members who shall be appointed in the manner hereinafter specified. Two members must be residents of Allendale County who shall be appointed by the Governor upon the recommendation of a majority of the members of the General Assembly representing Allendale County. Two members must be residents of Bamberg County who shall be appointed by the Governor upon the recommendation of a majority of the members of the General Assembly representing Bamberg County. Two members must be residents of Barnwell County who shall be appointed by the Governor upon the recommendation of a majority of the members of the General Assembly representing Barnwell County. Two members shall be appointed at large without regard to county of residence by the Governor upon the advice and consent of the Senate. In addition, the member of the State Board for Technical and Comprehensive Education from the third congressional district is a member of the commission ex officio. The members of the commission shall be appointed for terms of four years each and until their successors are appointed and qualify, except that the two at-large members shall serve initial terms of one year each, the two members from Allendale County shall serve initial terms of two years each, the two members from Bamberg County shall serve initial terms of three years each, and the two members from Barnwell County shall serve initial terms of four years each.

Any vacancy shall be filled in the manner of the original appointment for the unexpired portion of the term only. As soon as possible after the initial appointments have been made, the commission shall organize by electing one of its members as chairman, one as vice chairman, and one as secretary. The terms of the initial appointees are extended so that all terms expire on the first of July of the appropriate year.

SECTION 59-53-620. Selection of members.

In the selection of members of the commission and in the selection of members of the governing body of all other technical colleges of this State, members shall be selected based on merit regardless of race, color, creed, or gender and the appointing or electing authority shall strive to assure that the membership of that governing body is broadly representative of all the citizens of the county or counties involved.

SECTION 59-53-630. Powers of Commission.

The commission has the same powers as provided by Article 1, Chapter 53, Title 59 of the 1976 Code, and in addition must prepare and submit its annual budget for approval to the State Board of Technical and Comprehensive Education. Denmark Technical College shall be funded in accordance with the provisions of Section 6 of Act 654 of 1976.

SECTION 59-53-640. Commission to maintain record of its receipts and expenditures; reports to be filed; audits to be conducted.

The commission must at all times keep full and accurate account of its acts and of its receipts and expenditures and at least once within four months following the close of its fiscal year, a complete audit of its affairs must be made by a qualified public accountant. Copies of the audit must be filed with the State Board of Technical and Comprehensive Education.

ARTICLE 9.

AREA COMMITTEE FOR TECHNICAL EDUCATION CENTER FOR FLORENCE AND DARLINGTON COUNTIES

SECTION 59-53-710. Area committee as a body politic and corporate; membership.

The area committee for the technical education center for Florence and Darlington Counties shall be a body politic and corporate and shall consist of ten members, who shall be qualified registered electors of Darlington and Florence Counties; provided, that not more than five members may be registered qualified electors of one county. The appointment to office of the area committee shall be made by the Governor upon the recommendation of a majority of the legislative delegation, including the Senator, from the county of which the appointee is a resident. Upon the expiration of the terms of office of the present members of the area committee, their successors shall be appointed for terms of three years in the manner provided for in this section. If any vacancy shall occur, a successor shall be appointed by the Governor, upon the recommendation of a majority of the legislative delegation, including the Senator, from the county of which the appointee is a resident, for the unexpired portion of the term. The members of the area committee shall hold office until their successors are appointed and qualify.

SECTION 59-53-720. Administration of program of vocational and technical education.

The committee shall constitute the administrative agency to administer the program of vocational and technical education in Darlington and Florence Counties under the former provisions which created the Advisory Committee for Technical Training.

SECTION 59-53-730. Powers and duties of committee.

The committee may do all things necessary or convenient to promote the objects of the program instituted by the former provisions which created the Advisory Committee for Technical Training, and without in any way limiting the generality of the foregoing, may:

(1) Adopt and use a corporate seal;

(2) Adopt such bylaws, rules and regulations for the conduct of business and the expenditure of its funds as it may deem advisable;

(3) Acquire additional sites within Darlington and Florence Counties and construct and equip thereon appropriate facilities in accordance with the standards and specifications promulgated by the former State Advisory Committee;

(4) Acquire by gift, purchase, or otherwise, all kinds and descriptions of real and personal property;

(5) Accept gifts, grants, donations, devises and bequests;

(6) Provide appropriate supervision of the maintenance of any facility established to promote vocational or technical education;

(7) Provide the necessary administrative services required by the State program;

(8) Employ such personnel as may be necessary to enable the area committee to fulfill its functions;

(9) Establish, promulgate and enforce reasonable rules and regulations, in conjunction with those promulgated by the State agency, for the operation of its facilities;

(10) Expend any funds received in any manner, including the proceeds derived from any bonds issued by either Darlington County or Florence County to defray any costs incident to the establishment of adequate facilities for the program, and thereafter expend such funds for the operation, maintenance and improvement of the facilities;

(11) Apply for, receive, and expend moneys from all governmental agencies, both State and Federal; and

(12) Exercise all powers contemplated for local agencies by the former provisions which created the Advisory Committee for Technical Training, and all other laws modifying, amending or implementing it.

ARTICLE 11.

HORRY-GEORGETOWN COMMISSION FOR TECHNICAL EDUCATION

SECTION 59-53-810. Creation of Commission; membership; officers.

There is hereby created, as a body politic and corporate of Horry and Georgetown Counties, a commission to be known as the "Horry-Georgetown Commission for Technical Education" (hereinafter referred to as the "Commission"), which shall consist of six qualified registered electors of Horry County and three of Georgetown County. All appointments to office of the Commission shall be made by the Governor, upon the recommendation of a majority of the legislative delegation, including the resident Senator of the respective counties from which members are appointed. Of those first appointed for Horry County, two members shall have terms of one year each, two members shall have terms of two years each, and two members shall have terms of three years each; and of those first appointed from Georgetown County, one member shall have a term of one year, one member shall have a term of two years, and one member shall have a term of three years. Thereafter, their successors shall be appointed for terms of three years in the same manner as those originally appointed. If any vacancy shall arise, a successor shall be appointed by the Governor for the balance of the unexpired term in the same manner as the original appointments were made. The members of the Commission shall hold office until their successors shall have been appointed and shall qualify. Initial terms of office shall commence July 1, 1963 as to members from Horry County, and July 1, 1966 as to members from Georgetown County, notwithstanding that a delay in making appointments shall lessen the duration of the terms of office. A transcript of the record of the initial organization shall be filed with the clerk of court in order to reflect the initial membership of the Commission and those who shall become its officers. Provided, that the present members and officers of the Horry-Marion Technical Education Commission from Horry County are hereby designated as members of the Commission and shall hold office for the term for which each was originally appointed or elected. Provided, further, the Commission shall elect one of its members as chairman, another as vice-chairman, and a third as secretary. Those elected to these offices, prior to June 8, 1966, shall continue to serve in such capacity until such time as their successors are to be elected.

In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.

SECTION 59-53-820. Technical educational center; reversion on dissolution.

The Commission shall provide for the creation, maintenance, and operation of a technical educational center. The counties shall provide the funds necessary to construct and maintain the center, the ownership of which shall revert to the governing bodies of Horry and Georgetown Counties, in proportion to their respective contributions, in the event of dissolution of the Commission. There shall be developed and carried out at such center the following:

A program coordinated with our industrial expansion effort which will provide immediate training for established industries and provide immediate training for particular industries in accordance with the former provisions which created the Advisory Committee for Technical Training.

SECTION 59-53-830. Powers and duties of Commission.

When funds are appropriated by the General Assembly the Commission is authorized and empowered to do all things necessary or convenient to promote the objects of the program instituted by the former provisions which created the Advisory Committee for Technical Training, and without in any way limiting the generality of the foregoing, shall be empowered as follows:

(1) To adopt and use a corporate seal.

(2) To adopt such bylaws, rules and regulations for the conduct of business and the expenditure of appropriated funds as it may deem advisable.

(3) To acquire by gift, purchase, devise, lease, or otherwise, any real and personal property, and to hold, use, lease, or mortgage this property, or an interest therein; provided, that before any mortgage is executed, approval by the governing bodies of Horry and Georgetown Counties must first be obtained.

(4) To accept gifts, grants, donations, devises and bequests.

(5) To provide appropriate supervision of the maintenance of any facility established to promote vocational or technical education.

(6) To provide the necessary administrative services required by the State program.

(7) To employ such personnel as may be necessary to enable the Commission to fulfill its functions.

(8) To establish, promulgate, and enforce reasonable rules and regulations, in conjunction with those promulgated by the State agency for the operation of its facilities.

(9) To operate its affairs on a fiscal year coinciding with that of the two counties involved.

(10) To expend any funds received in any manner, including the proceeds derived from any bonds which may be issued by Horry County or Georgetown County to defray any costs incident to the establishment of adequate facilities for the program, and thereafter to expend such funds as may be appropriated for the operation, maintenance, and improvement of the facilities.

(11) To apply for, receive, and expend moneys from all governmental agencies, both State and Federal.

(12) To exercise all powers contemplated for local agencies by the former provisions which created the Advisory Committee for Technical Training, and all other laws modifying, amending or implementing it; provided, the Commission shall not cause any encumbrance to be put on any property under its control.

SECTION 59-53-840. Accounts of Commission; audit.

The Commission shall at all times keep full and accurate account of its acts and of its receipts and expenditures, and at least once within four months, following the close of its fiscal year, a complete audit of its affairs shall be made by a qualified public accountant. Copies of the audit shall be filed with the secretary of each county legislative delegation.

In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.

SECTION 59-53-850. Annual reports.

Not less frequently than annually the Commission shall make a written report of the activities of the Commission and file a copy with each member of the legislative delegations.

SECTION 59-53-860. Treasurer of Horry County authorized to provide revolving loan account to Horry County Technical Education Commission.

The treasurer of Horry County is hereby authorized to provide from the general funds of the county a revolving loan account to the Horry County Technical Education Commission in an amount not to exceed seventy-five hundred dollars.

ARTICLE 12.

BEAUFORT TECHNICAL COLLEGE AREA COMMISSION

SECTION 59-53-910. Creation of commission; appointment and terms of members; election of officers.

There is created the Beaufort Technical College Area Commission which shall serve as the governing body of Beaufort Technical College. The commission is a body politic and corporate and consists of seven members who must be appointed in the manner hereinafter specified. Four members must be residents of Beaufort County, one member must be a resident of Colleton County, one member must be a resident of Hampton County, and one member must be a resident of Jasper County, all of whom must be appointed by the Governor upon the recommendation of a majority of the members of the General Assembly representing that county. The members of the commission must be appointed for terms of four years each and until their successors are appointed and qualify, except that two members from Beaufort County, and one member each from Colleton, Hampton, and Jasper Counties shall serve initial terms of two years each, the initial terms of all members to be designated by the Governor when making the initial appointments.

Any vacancy must be filled in the manner of the original appointment for the unexpired portion of the term only. As soon as possible after the initial appointments have been made, the commission shall organize by electing one of its members as chairman, one as vice-chairman, and one as secretary. The terms of the initial appointees are extended so that all terms expire on the first of July of the appropriate year.

SECTION 59-53-920. Selection of members on basis of merit; membership to be broadly representative of citizenry.

Members of the commission must be selected based on merit regardless of race, color, creed, or gender and the appointing authority shall strive to assure that the membership is broadly representative of all the citizens of the counties involved.

SECTION 59-53-930. Powers of commission; preparation of annual budget; funding.

The commission has the same powers as provided by Article 1, Chapter 53, Title 59 of the 1976 Code, and in addition must prepare and submit its annual budget for approval to the State Board for Technical and Comprehensive Education. Beaufort Technical College must be funded in accordance with the provisions of Sections 59-53-51, 59-53-52, and 59-53-57.

SECTION 59-53-940. Accounting requirements; annual audit.

The commission shall at all times keep full and accurate account of its acts and of its receipts and expenditures. A complete audit of its affairs must be made by a qualified public accountant at least once within four months following the close of its fiscal year. Copies of the audit must be filed with the State Board for Technical and Comprehensive Education.

ARTICLE 13.

ORANGEBURG-CALHOUN AREA TECHNICAL EDUCATION COMMISSION

SECTION 59-53-1010. Creation of Commission; membership; officers.

There is hereby created in Orangeburg and Calhoun Counties the Orangeburg-Calhoun Area Technical Education Commission. The Commission shall be a body politic and corporate, and shall consist of seven members. Each member shall be appointed by the Governor, upon the recommendation of a majority of the resident members of the legislative delegation of his county, and each member shall be a qualified registered elector of the county he represents. Five members shall be appointed from Orangeburg County for terms of four years and until their successors are appointed and qualify, except that of those first appointed, two shall serve for two years, two shall serve for three years and one shall serve for four years. Two members shall be appointed from Calhoun County for terms of four years and until their successors are appointed and qualify, except that of those first appointed, one shall serve for two years and one shall serve for four years. The length of the initial terms of the members shall be determined by lot. Any vacancy shall be filled in the manner of the original appointment for the unexpired portion of the term only. As soon as possible after the initial appointments have been made, the Commission shall organize by electing one of its members as chairman, one as vice-chairman, and one as secretary. A transcript of the record of the initial organization shall be filed with the clerk of court of each county. The terms of the initial appointees shall be extended so that all terms will expire on the first of July of the appropriate year.

SECTION 59-53-1020. Development of vocational technical training program.

The Commission shall be responsible for a full and exhaustive study looking to the development and implementation of an adequate vocational and technical training program, which shall include, but not be limited to, the following: A program coordinated with our industrial expansion effort which will provide immediate training for established industries and provide immediate training for particular industries. The Commission, in carrying out this program, shall cooperate with all State and Federal agencies designed to further technical education.

SECTION 59-53-1030. Powers of Commission.

When funds are appropriated by the General Assembly, the Commission is authorized and empowered to do all things necessary or convenient to promote the objects of the program instituted by the former provisions which created the Advisory Committee for Technical Training and, without in any way limiting the generality of the foregoing, shall be empowered as follows:

(1) To adopt and use a corporate seal;

(2) To adopt such bylaws, rules and regulations for the conduct of business and the expenditure of appropriated funds as it may deem advisable;

(3) When funds are made available by the General Assembly, to acquire a site within Orangeburg County and to construct and equip thereon appropriate facilities in accordance with the standards and specifications promulgated by the former State Advisory Committee;

(4) To acquire by gift, or purchase, or otherwise, all kinds and descriptions of real and personal property;

(5) To accept gifts, grants, donations, devises and bequests;

(6) To provide appropriate supervision of the maintenance of any facility established to promote vocational or technical education;

(7) To provide the necessary administrative services required by the State program;

(8) To employ such personnel as may be necessary to enable the Commission to fulfill its functions;

(9) To establish, promulgate and enforce reasonable rules and regulations, in conjunction with those promulgated by the State agency, for the operation of its facilities;

(10) To operate its affairs on a fiscal year coinciding with that of the State of South Carolina;

(11) To expend any funds received in any manner, including the proceeds derived from any bonds which may be issued to defray any costs incident to the establishment of adequate facilities for the program, and thereafter to expend such funds as may be appropriated for the operation, maintenance and improvement of the facilities;

(12) To apply for, receive, and expend moneys from all governmental agencies, both State and Federal; and

(13) To exercise all powers contemplated for local agencies by the former provisions which created the Advisory Committee for Technical Training, and all other laws modifying, amending or implementing them.

SECTION 59-53-1040. Accounts of Commission; audits.

The Commission shall at all times keep full and accurate account of its acts and of its receipts and expenditures, and at least once within four months, following the close of its fiscal year, a complete audit of its affairs shall be made by a qualified public accountant. Copies of the audit shall be filed with the clerk of court and the legislative delegation of each county.

SECTION 59-53-1050. Reports.

At least once a year the Commission shall make a written report of its activities and file a copy with the legislative delegation of each county.

SECTION 59-53-1060. Apportionment of expenses.

The operating expenses and building costs shall be divided proportionately between the two counties on a per capita basis.

ARTICLE 15.

PIEDMONT TECHNICAL EDUCATION AND TRAINING DISTRICT

SECTION 59-53-1210. Creation of District; Commission.

In order to fulfill the purposes and findings stated in Section 1 of 1963 Act No. 243, there is hereby created the Piedmont Technical Education and Training District, consisting of the Counties of Abbeville, Edgefield, Greenwood, Laurens, McCormick, Newberry and Saluda which shall be controlled and managed by a commission known as the Piedmont Technical Education Commission, and hereinafter called the "Commission."

SECTION 59-53-1220. Membership of Commission; officers.

The Commission shall consist of one member each from the Counties of Edgefield, McCormick, Newberry and Saluda, two members from Abbeville and Laurens Counties and four members from Greenwood County. Each member shall be appointed by the Governor upon the recommendation of a majority of the resident members of the legislative delegation of his county.

Upon the expiration of the terms of office of those first appointed, successors shall be appointed for terms of four years and until their successors are appointed and qualify. Any vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment. All terms of office shall terminate on the appropriate anniversary of July 1, 1973, notwithstanding that a delay in making appointments shall lessen the duration of the terms of office.

The Commission shall elect a chairman, vice-chairman and secretary, each of whom shall serve a term of one year and until his successor is elected.

A transcript of the record of the organization of the Commission shall be filed annually with the governing body of any participating county in order to reflect the membership of the Commission and those who become its officers.

SECTION 59-53-1230. Technical education center.

The commission shall provide for the creation, maintenance and operation of a technical education center to be located within the district, and there shall be developed and carried out at such center a program of adult pre-employment, adult extension, and high school pre-employment training for residents of the district and such other persons as the commission shall designate, upon such terms as the commission shall require, all in conjunction and coordination with the State program for technical education.

SECTION 59-53-1240. General powers of Commission.

The commission is vested with authority to:

(1) Employ personnel;

(2) Accept and administer funds or equipment from other governmental agencies, individuals, or corporations;

(3) Enter into such contracts as may be necessary to carry out the purposes of the center; and

(4) Acquire, own, and sell property, real and personal.

SECTION 59-53-1250. Expenses of district.

The share of each participating county in the operating expenses of the district shall be determined by agreement between the district commission and the respective county governing bodies.

SECTION 59-53-1260. Audit.

The commission shall furnish to the members of the legislative delegations who provide county funds an annual audit of the receipts and expenditures of the center.

SECTION 59-53-1270. Disposition of center.

The center, including the real property, shall not be disposed of except upon approval of the governing bodies of all participating counties.

ARTICLE 17.

SUMTER AREA TECHNICAL EDUCATION COMMISSION

SECTION 59-53-1410. Creation of Commission; membership; officers.

There is hereby created the Sumter Area Technical Education Commission composed of the counties of Clarendon, Kershaw, Lee and Sumter. The commission shall be a body politic and corporate, and shall consist of nine members. Each member shall be appointed by the Governor, upon the recommendation of a majority of the legislative delegation of his respective county, and each member shall be a qualified registered elector of the county he represents. Six members shall be appointed from Sumter County for terms of four years, and until their successors are appointed and qualify, except of those first appointed, two shall serve for two years, two shall serve for three years and two shall serve for four years. One member shall be appointed from each of the following counties: Clarendon, Kershaw and Lee. Their terms shall be for four years and until their successors are appointed and qualify, except that of those first appointed, one shall serve for a term of two years, one shall serve for a term of three years, and one shall serve for a term of four years, the length of each such term to be determined initially by lot. Any vacancy shall be filled in the manner of the original appointment for the unexpired portion of the term only. As soon as possible after the initial appointments have been made, the commission shall organize by electing one of its members as chairman, one as vice-chairman, and one as secretary. A transcript of the record of the initial organization shall be filed with the clerk of court of each of the four counties comprising the commission. The terms of the initial appointees shall be extended so that all terms will expire July first of the appropriate year.

SECTION 59-53-1420. Duties of Commission.

The commission shall be responsible for a full and exhaustive study looking to the development and implementation of an adequate vocational and technical training program, which shall include, but not be limited to, the following: A program coordinated with our industrial expansion effort which will provide immediate training for established industries and provide immediate training for particular industries. The commission, in carrying out this program, shall cooperate with all State and Federal agencies designed to further technical education.

SECTION 59-53-1430. Powers of Commission.

When funds are appropriated by the General Assembly the commission is authorized and empowered to do all things necessary or convenient to promote the objects of the program instituted by the former provisions which created the Advisory Committee for Technical Training, and without in any way limiting the generality of the foregoing, shall be impounded as follows:

(1) to adopt and use a corporate seal;

(2) to adopt such bylaws, rules and regulations for the conduct of business and the expenditure of appropriated funds as it may deem advisable;

(3) when funds are made available by the General Assembly, to acquire a site within Sumter County and to construct and equip thereon appropriate facilities in accordance with the standards and specifications promulgated by the former State Advisory Committee;

(4) to acquire by gift, or purchase, or otherwise, all kinds and descriptions of real and personal property;

(5) to accept gifts, grants, donations, devises and bequests;

(6) to provide appropriate supervision of the maintenance of any facility established to promote vocational or technical education;

(7) to provide the necessary administrative services required by the State program;

(8) to employ such personnel as may be necessary to enable the commission to fulfill its functions;

(9) to establish, promulgate and enforce reasonable rules and regulations, in conjunction with those promulgated by the State agency, for the operation of its facilities;

(10) to operate its affairs on a fiscal year coinciding with that of Sumter County;

(11) to expend any funds received in any manner, including the proceeds derived from any bonds which may be issued to defray any costs incident to the establishment of adequate facilities for the program, and thereafter to expend such funds as may be appropriated for the operation, maintenance and improvement of the facilities;

(12) to apply for, receive, and expend moneys from all governmental agencies, both State and Federal;

(13) to exercise all powers contemplated for local agencies by the former provisions which created the Advisory Committee for Technical Training, and all other laws modifying, amending or implementing it.

SECTION 59-53-1440. Representation contingent upon financial support and participation.

Representation on the commission shall be contingent upon continued financial support and participation by each respective county.

SECTION 59-53-1450. Accounts of Commission; audit.

The commission shall at all times keep full and accurate account of its acts and of its receipts and expenditures, and at least once within four months, following the close of its fiscal year, a complete audit of its affairs shall be made by a qualified public accountant. Copies of the audit shall be filed with the clerk of court and the legislative delegation of each county comprising the commission.

SECTION 59-53-1460. Reports.

Not less frequently than annually the commission shall make a written report of the activities of the commission and file a copy with the legislative delegation of each county comprising the commission.

ARTICLE 20.

MIDLANDS TECHNICAL COLLEGE COMMISSION

SECTION 59-53-1710. Creation of commission; membership; officers.

There is created, as an administrative agency of Richland and Lexington Counties, the Midlands Technical College Commission. The commission is composed of twelve members who must be appointed by the Governor for a term of four years as follows: eight members must be appointed upon the recommendation of a majority of the legislative delegation representing Richland County, and four members must be appointed upon the recommendation of a majority of the legislative delegation representing Lexington County. Members may not serve more than two consecutive terms. A member serving on July 1, 1994, may serve until the expiration of the term for which he was elected and may serve two additional terms. If a vacancy occurs a successor must be appointed in the same manner as the original appointment for the unexpired portion of the term. Any 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. Members serve until their successors are appointed and qualify, but any delay in appointing a successor does not extend the term of the succession. The members of the commission shall receive per diem as provided for members of boards, commissions, and committees and actual expenses incurred in the performance of their duties. As soon as the initial appointments have been made, the commission shall elect from its membership a chairman, a vice chairman, a treasurer, and a secretary to serve for terms of two years and until their successors are elected and qualify. The office of chairman must be rotated among the representatives of the two counties. If the office of chairman becomes vacant, a successor must be elected for the remainder of the term and must be from the members representing the same county as the former chairman. The same rotation must be applied to the office of vice chairman, but the practice of rotating the office of vice chairman may be dispensed with if, by three-fourths vote, the commission finds that the rotation is impracticable.

SECTION 59-53-1720. Powers and duties of commission.

The commission shall promote the objects of the state technical and vocational education and training and shall:

(1) adopt and use a corporate seal;

(2) adopt bylaws and regulations for the conduct of business and the expenditure of its funds as it may consider advisable;

(3) acquire one or more sites within Richland and Lexington Counties and construct and equip appropriate facilities in accordance with the standards and specifications promulgated by the State Board for Technical and Comprehensive Education;

(4) acquire by gift, purchase, or otherwise all kinds and descriptions of real and personal property;

(5) accept gifts, grants, donations, devises, and bequests;

(6) provide appropriate supervision of the maintenance of any facility established by the commission;

(7) provide the necessary administrative services required by the state program;

(8) employ personnel necessary to enable the commission to fulfill its functions;

(9) promulgate and enforce regulations, in conjunction with those promulgated by the state agency, for the operation of its facilities;

(10) operate its affairs on a fiscal year coinciding with that of the State;

(11) expend funds received in any manner, including the proceeds derived from bonds issued by Richland and Lexington Counties, to defray costs incident to the establishment of adequate facilities for the program and then to expend the funds for the operation, maintenance, and improvement of the facilities;

(12) apply for, receive, and expend monies from all governmental agencies, both state and federal;

(13) exercise all powers contemplated for local agencies by Article 1 of this chapter, and all other laws modifying or implementing it.

SECTION 59-53-1730. Participating counties to appropriate and contribute funds to commission.

The participating counties shall appropriate and contribute annually to the commission sufficient funds to enable it to defray costs for the operation, maintenance, and improvement of its facilities and to make payment of principal and interest on bonds issued by Richland and Lexington Counties for the acquisition of land and construction of facilities. The counties shall make funds available on a proportional basis equal to the population of the participating counties.

SECTION 59-53-1740. Commission to keep certain records; audit; filing of audit.

The commission shall keep full and accurate account of its activities, receipts, and expenditures, and within four months, following the close of its fiscal year, a complete audit of its affairs must be made by a qualified public accountant. Copies of the audit must be filed with the clerks of court for Richland and Lexington Counties, secretaries of the Richland and Lexington County Legislative Delegations, and the secretaries of the county councils for Richland and Lexington Counties.

SECTION 59-53-1750. Commission to make annual written report; filing of report.

The commission shall make a written report of its activities at least annually and file a copy with the secretaries of the Richland and Lexington County Legislative Delegations and county councils.

SECTION 59-53-1760. Participating counties to receive portion of funds derived from sale of certain facilities.

If the commission stops operating a facility for vocational and technical education, the respective counties shall participate in any funds derived from the sale of the land, equipment, and facilities in proportion to their total contributions to the payment of the indebtedness incurred for the purchase of the land and construction of the facilities.

ARTICLE 21.

VOCATIONAL TRAINING

SECTION 59-53-1810. Federal act accepted; State Board of Education designated as State Board of Vocational Training.

The State of South Carolina hereby accepts the provisions of an act of Congress entitled: "To Provide for the Promotion of Vocational Education; to Provide for Cooperation with the States in the Promotion of Such Education in Agriculture and the Trades and Industries; to Provide for Cooperation with the States in the Preparation of Teachers of Vocational Subjects; and to Appropriate Money and Regulate Its Expenditure," and hereby designates and constitutes the State Board of Education as the South Carolina State Board of Vocational Training to cooperate with the United States Government in putting such law into operation.

SECTION 59-53-1820. Board authorized to cooperate with local or State agencies for educational advancement.

The State Board of Vocational Training may cooperate with any local or State agency for the advancement of agricultural and industrial education.

SECTION 59-53-1830. Vocational training funds.

The State Treasurer is hereby created and appointed custodian of all funds coming to the State from the United States under the provisions of the act referred to in Section 59-53-1810 and shall be responsible on his bond for the correct and proper handling of such funds. All moneys appropriated by the State or paid into the State Treasury from the United States for the purpose set forth in Sections 59-53-1810 to 59-53- 1870 shall be paid out upon the order of the State Board of Education, duly countersigned and approved by the secretary of the Board, and itemized vouchers shall be filed with the Comptroller General as in the case of other funds.

SECTION 59-53-1840. Annual appropriation for vocational education.

There shall be appropriated annually, out of the State Treasury, for the promotion of vocational education in agriculture subjects, industrial subjects and home economic subjects, a sum not less than the amount which may be apportioned to the State from the funds appropriated by the Congress of the United States in an act entitled "An Act to Provide for the Promotion of Vocational Education; to Provide for Cooperation with the States in the Promotion of such Education in Agriculture and the Trades and Industries; to Provide for Cooperation with the States in the Preparation of Teachers of Vocational Subjects; and to Appropriate Money and Regulate its Expenditure," approved February 23, 1917.

SECTION 59-53-1850. Disbursement of funds.

Moneys appropriated under the terms of Sections 59-53-1810 to 59-53-1870 shall be paid out upon the order of the State Board of Education, duly countersigned and approved by the secretary of the State Board of Education, and itemized vouchers shall be filed with the Comptroller General as in the case of other funds.

For high schools and joint vocational schools having a vocational agriculture program, monies appropriated for this purpose shall be disbursed for use by such schools to conduct vocational agriculture programs on a full-time twelve-month per year basis. The provisions of this section shall not prohibit monies appropriated for vocational agriculture to be used in programs of less than twelve months per year. The local school board shall decide whether all or any part of its vocational agricultural program shall be 12 months or less than 12 months after consideration of the local board's needs assessment for vocational agriculture and the findings of the State Department of Education's review of the local vocational agricultural program.

SECTION 59-53-1860. Use of funds.

The State Board of Education may use the funds appropriated by Sections 59-53-1810 to 59-53-1870 for the payment of the salaries of teachers, supervisors or directors of vocational subjects, for the purchase of supplies and equipment to be used by vocational classes, for the maintenance of classes for training teachers of vocational subjects or for the administration of vocational education, including necessary supervision and clerical help.

Due to the special characteristics of agriculture education work experiences which require instruction during the summer and on a year-round basis, monies appropriated for this purpose shall be available on a full-time twelve-month per year basis to those high schools and joint vocational schools whose teachers of vocational agriculture are responsible for the following programs of instruction on a full-time basis during the interim between academic years:

(a) Supervision and instruction of students in agriculture experience programs;

(b) Group and individual instruction of farmers and agribusinessmen;

(c) Supervision of student members of "Future Farmers of America" who are involved in leadership training or other activities as part of their vocational education instructional program;

(d) Any program of vocational agriculture established by the State Board of Education.

SECTION 59-53-1870. Expenditure of funds; instructional program standards; review.

The State Board of Education shall adopt rules and regulations governing the expenditures of moneys appropriated by Sections 59-53-1810 to 59-53-1870 and shall make the same known to the various school districts of the State in order that they may know the conditions under which they are entitled to share in the funds available for vocational education.

On or before December 30, 1980, the State Board of Education shall adopt instructional program standards for vocational programs and a needs assessment format which includes instructional requirements for the special characteristics of the different vocational programs, using as a guide for vocational agriculture the standards of quality vocational programs in agriculture/agribusiness education developed by the vocational agricultural education profession. The instruction program standards for vocational agriculture programs shall include the instructional programs for the interim between academic years which are itemized in Section 59-53-1860 of the 1976 Code, as amended.

These instructional program standards shall be incorporated in the South Carolina State Plan for Vocational-Technical Education as adopted by the State Board of Education. The instructional standards adopted by the State Board of Education shall be used to evaluate all vocational programs.

Local programs of vocational agriculture education and the school district's needs assessment for agriculture education programs shall be reviewed by the State Department of Education consultants for agriculture education with the participation of an advisory team consisting at minimum of a member of the local advisory committee for vocational agriculture, a member of the local advisory council for vocational education and a teacher-educator for agriculture education from Clemson University. The findings of such reviews shall include an explicit statement of the vocational agricultural education needs of the students and the agriculture community served by such local program. Any member of this review team shall be allowed to include a minority opinion in the findings of the review. These reviews shall be scheduled by the State Department of Education at intervals adequate to assure local program compliance with the State Plan for Vocational and Technical Education. Whenever a high school or joint vocational school's annual report, as required by Section 59-20-60, the S. C. Education Finance Act of 1977, on programmatic needs fails to justify or continue offering on a full-time twelve-month per year basis any existing vocational agriculture education program, the school district board of trustees for such school shall include and consider the findings of the State Department of Education review of the local vocational agriculture program in the needs assessment of such district board of trustee's comprehensive annual and long-range plan for meeting program needs.

SECTION 59-53-1880. School districts may affiliate with each other for purpose of promoting vocational education.

For the purpose of developing and maintaining vocational education facilities and programs to serve an area not exclusively within the boundaries of a single school district, the school districts serving such an area are empowered to affiliate with each other under such terms and conditions, not in conflict with this section and Section 59-53-1890, as they see fit. The affiliation shall be evidenced by a written instrument to be filed with the secretary and administrative officer of the State Board of Education and with the county boards of education concerned.

SECTION 59-53-1890. Affiliation agreements.

The affiliation agreement shall provide: (a) For the affiliating school districts to appoint a liaison committee which shall recommend organizational and administrative procedures and measures to assure adequate accounting procedures; (b) procedures by which vocational education funds appropriated by the Federal, State or county government may be applied for and received; (c) procedures by which one of the affiliating school districts may hold title for the benefit of all to real and personal property acquired with such funds; and (d) that each of the affiliating school districts shall have an equity in such joint assets to the extent that the assessed tax value of the property within such school district bears to the aggregate assessed tax value of the property within the combined area of the school districts. If less than an entire school district is served by such vocational education facilities or programs, only the area served shall be considered in computing equities in joint assets.

SECTION 59-53-1900. School districts may join to create vocational school boards; membership of boards; officers.

Any group of two or more school districts of the State, without regard to county lines, may join to create vocational school boards (hereinafter referred to as boards) to construct, operate, govern, supervise, manage and control vocational schools. Provided, however, that the provisions of this section shall not be applicable to any school district with a vocational center serving only those students residing within its geographical limits. Each board shall consist of six appointed members, to be apportioned among the districts joining in the creation of the board as the districts may agree. Members shall be selected by the school boards of trustees from the members of their respective district school boards of trustees. The terms of the members of the board shall be concurrent with their terms on the district school board of trustees. In the event that vacancies occur or members of the boards cease to be members of their respective boards of trustees, such vacancies shall be filled by members from the same school board of trustees of which the withdrawing member was a member, selected by the trustees of that district or county.

The superintendent of each participating district shall serve as an ex officio non-voting member of the board. The superintendents shall be administrative members of the board and shall jointly nominate staff and assume such responsibilities and perform such duties as may be prescribed by law or by regulations of the State Board of Education or as may be prescribed by the vocational school board.

As soon as convenient after June 4, 1975 the respective boards of trustees of participating districts shall select their members and the boards shall convene and organize by electing one member as chairman and one as vice chairman. The terms of chairman and vice chairman shall be for one year. The boards shall have such other officers and prescribe terms thereof as deemed necessary.

The members of the boards shall be paid such compensation as the boards may provide by resolution; provided, that such compensation shall not exceed fifty dollars per meeting and mileage at a rate of fourteen cents per mile.

SECTION 59-53-1910. Funding of joint vocational school; apportionment of expenses.

The vocational school shall not constitute a separate school district but shall be a joint project for the establishment of a vocational school by the cooperating school districts. The vocational school shall be funded by the respective district boards, as the district boards may agree upon. The costs of acquiring real property and the improvements thereon are to be borne by the respective district boards according to their agreement thereon.

SECTION 59-53-1920. Powers of joint vocational school boards.

The boards shall be fully empowered to operate, govern, supervise, manage, control, direct, acquire, construct, maintain, improve and extend the facilities of the vocational schools. To that end, the boards shall have the following powers:

(1) To have perpetual succession.

(2) To sue and be sued.

(3) To adopt, use and alter an institutional seal.

(4) To define a quorum for meetings.

(5) To establish a principal office.

(6) To make bylaws for the management and regulation of their affairs.

(7) To acquire, build, construct, equip, maintain and operate a vocational school or schools.

(8) To select a vocational school director or directors.

(9) To accept gifts or grants of services, properties or monies from private individuals or entities, from the State of South Carolina, the United States or agencies thereof.

(10) To make contracts and execute and deliver all instruments necessary or convenient for the carrying on of the business of the vocational school.

(11) To acquire in the name of the cooperating districts, as tenants in common, by purchase or gift, all land and interest therein which the boards shall, in their discretion, deem necessary to enable them to fully and adequately discharge their responsibilities.

(12) To appoint officers, agents and employees and prescribe their duties, fix their compensation and determine if and to what extent they shall be bonded for the faithful performance of their duties; and to make contracts for construction, architectural, engineering, legal and other services and materials.

(13) To determine each school year the student capacity of the vocational school, with the capacity to be apportioned by agreement among the cooperating districts. In the event that in any school year any of the respective boards fail to fulfill their quota, the other boards shall be permitted to fill such unused allocation with students from their county. The boards utilizing the unused allocation shall pay for each student on a pro rata part of the year's current operating expenses based upon the budget. This amount shall be paid at the beginning of the fiscal year, except that the actual cost shall not be computed until the end of the current school year or the end of each semester and adjustments shall be made at that time. Nothing herein shall be construed to limit the cost of maintenance, support and operations of the vocational schools jointly.

(14) To perform all other actions necessary or convenient to carry out any responsibility, function or power committed or granted to the boards.

SECTION 59-53-1930. Fiscal year of joint vocational school boards; audit.

The boards shall conduct their affairs on the fiscal year basis employed by the State. As soon after the close of each fiscal year as may be practicable, an audit of school affairs shall be made by a certified public accountant, to be designated by the boards. Copies of such audits, incorporated into annual reports of the boards, shall be filed with the cooperating school districts.

SECTION 59-53-1940. Unlawful injury to or destruction of facilities of joint vocational school board.

It shall be unlawful for any person to wilfully injure or destroy, or in any manner hurt, damage, tamper with or impair the facilities of a vocational board, or any part thereof. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than ten dollars nor more than one hundred dollars or imprisoned for not more than thirty days at the discretion of the court, and shall be further liable to pay the cost of all damages.

SECTION 59-53-1950. Purchase of vocational training equipment.

The General Assembly shall provide funds in the annual general appropriation act for the purchase of equipment for vocational training pursuant to the Department of Education's State Plan for vocational-technical education. The highest priority in funding for vocational education must be given to job preparatory, occupational proficiency courses in areas related to:

(a) current high technology trades, businesses, and industries;

(b) high labor market and high labor intensive demand;

(c) small business management; and

(d) new and emerging trades, industries, and businesses which foster and enhance the economic development, stability, and diversification of the State's economy.

SECTION 59-53-1960. Vocational placement requirement; survey of placement results; waiver of requirement; students advised of possible discontinuance.

Commencing with 1987-88, to continue existing job preparatory programs, other than vocational agriculture, fifty percent of the graduates available for placement must be placed during the prior three years in the area for which training was provided. Each graduate of a job preparatory vocational education program must be surveyed by his school district ten months after graduation to determine job placement status. The school districts shall make an annual report to the State Board of Education of the findings of its survey. The State Board of Education shall report the results of the district surveys to the Governor, General Assembly, and the Advisory Council on Vocational Technical Education. The State Board of Education may waive the fifty percent requirement upon recommendation of the school district, if the district can demonstrate that a program responds to the employment needs of new or expanding businesses or industries. Students must be advised prior to enrollment in a job preparatory program of possible discontinuation of the program, if placement data indicate possible discontinuation, and of the employment outlook for graduates of the program. Students enrolling in vocational programs which are not preparatory for employment must be clearly advised of this fact by the school district.

SECTION 59-53-1970. Vocational education system studies.

South Carolina's evolving economy, new conditions in the workplace, and changing needs of employers combined with the provisions of basic skills remedial programs, increased course requirements, and modernization of equipment require a reassessment of the State's efforts to prepare young people for employment. To assist the General Assembly and the Governor in reviewing the State's vocational education system for grades 9 through 12, the South Carolina Advisory Council on Vocational and Technical Education is directed to conduct an intensive study of how the vocational education system can best prepare young people with skills employers will require between the years 1990 and 2000.

This study shall provide the General Assembly with:

(1) data on and analysis of students' use of the vocational education system, delineating among participation in courses, between occupational and non-occupational courses of study, and between students who participate in a complete sequence of courses as opposed to those who take only one or two courses;

(2) recommendations for the creation of a new management information system which will provide the General Assembly with more timely, accurate, and useful information about student participation in, completion of, and placement from various vocational education programs, and the effects of students' participation in these programs;

(3) a demographic and achievement profile of students who enroll in, complete, and are placed from vocational education courses;

(4) a report of employers' expectations of and experiences with the vocational education system, based on interviews with a representative sample of employers in South Carolina;

(5) a report of students' perceptions of and experiences with the vocational education system, based on interviews with a representative sample of current and former public school students;

(6) recommendations for how the vocational education system can best meet the training and employment needs of low achieving students who do not seek post-secondary education;

(7) recommendations for how the programs of the vocational education system can be better coordinated with other state agencies concerned with education, training, and employment to best serve young people who do not seek post-secondary education;

(8) report on South Carolina's labor needs between 1990 and 2000 which can be met by students who successfully complete programs provided by the vocational education system.

The House Education and Public Works Committee and the Senate Education Committee shall designate committee staff to serve as liaisons with the staff of the South Carolina Advisory Council on Vocational and Technical Education to provide advice about how the study can be designed, implemented, and reported so as to be most useful to the General Assembly. Components of the study must be issued serially, as completed. The South Carolina Advisory Council on Vocational and Technical Education is authorized to seek funding from private sources to facilitate the study, and to subcontract with appropriate public and private entities to conduct any of the various components of the study. The study must be completed no later than April, 1986.

SECTION 59-53-1980. Committee to study all areas of career training; recommendations to General Assembly.

The Governor shall appoint a committee to study all areas of career training in South Carolina. The committee is composed of representatives of the business community, the General Assembly, and the various agencies involved in career training. Based on the findings of the committee, the Governor shall make recommendations to the General Assembly related to a coordinated statewide program of career training which addresses the following concerns:

a. Duplication of services and people served.

b. Need for a comprehensive assessment of future job opportunities in South Carolina and the relationships of those opportunities to the direction of future job training efforts.

c. Need for a unified plan to coordinate job training efforts.

d. Need for a standard management information system.

e. Insufficient emphasis on entrepreneur training and information and service occupations.

f. Narrow missions of Special Schools.

g. Training systems not prepared to handle federal cutbacks in funding.

h. Insufficient coordination with private employers to provide job training.

i. Insufficient coordination of training needs for special target groups.

j. Lack of coordination of illiteracy efforts with job training programs.

k. Other barriers which prevent a coordinated, accessible, and efficient job training effort in South Carolina.

ARTICLE 23.

MOTORCYCLE SAFETY INSTRUCTION

SECTION 59-53-2010. Definitions.

As used in this article:

(1) "Program" means a statewide motorcycle safety instruction program.

(2) "Coordinator" means the administrator of the program.

(3) "Board" means the State Board for Technical and Comprehensive Education.

SECTION 59-53-2020. Instruction program created; administration; instructors; curriculum.

(A) The State Board for Technical and Comprehensive Education is authorized to establish a Motorcycle Safety Instruction Program. The board shall designate an individual who is currently an employee of the technical education system to coordinate and administer the program subject to the availability of funds necessary to support such activity. The executive director of the board, or his designee, is responsible for the planning, curriculum, and completion requirements of the program in accordance with subsection (C).

(B) The program must be implemented through the state technical education system at institutions which choose to provide the program. The coordinator shall select and facilitate the training and certification of instructors who shall implement the program.

(C) The program of instruction must incorporate the Motorcycle Safety Foundation Motorcycle Rider Course core curriculum or equivalent as determined by the executive director.

SECTION 59-53-2030. Fees.

The board may charge a fee to persons who enroll in the program. The amount of the fee must be determined by the board.

SECTION 59-53-2040. Acceptance of donations.

The board may accept funds, grants, or equipment from donors to offset the cost of implementing the program.

SECTION 59-53-2050. Reduction of insurance rates upon completion of program.

A person may apply for a reduction in motorcycle insurance rates under the jurisdiction of the Department of Insurance upon proof of satisfactory completion of the program.





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