H 3738 General Bill, By Stille and Littlejohn
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
 59-53-25, 59-53-26, AND 59-53-27 SO AS TO PROVIDE THAT THE UNIVERSITY OF SOUTH
 CAROLINA LANCASTER CAMPUS, SALKEHATCHIE CAMPUS, UNION CAMPUS, AND SUMTER
 CAMPUS SHALL BE TRANSFERRED TO THE STATE BOARD FOR COMMUNITY COLLEGES AND
 TECHNICAL AND COMPREHENSIVE EDUCATION AND ADMINISTERED AS ALL OTHER TWO-YEAR
 INSTITUTIONS UNDER THE AUTHORITY OF THIS STATE BOARD, TO PROVIDE FOR AN AREA
 COMMISSION FOR EACH OF THESE INSTITUTIONS, AND TO PROVIDE FOR THE MEMBERSHIP,
 POWERS, DUTIES, AND FUNCTIONS OF EACH AREA COMMISSION; BY ADDING SECTION
 59-53-35 SO AS TO CHANGE THE NAME OF THE STATE BOARD FOR TECHNICAL AND
 COMPREHENSIVE EDUCATION TO THE STATE BOARD FOR COMMUNITY COLLEGES AND
 TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO PROVIDE FOR TRANSITIONAL
 PROVISIONS TO ACCOMPLISH THE ABOVE TRANSFERS.

   03/05/03  House  Introduced and read first time HJ-71
   03/05/03  House  Referred to Committee on Education and Public
                     Works HJ-71

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-53-25, 59-53-26, AND 59-53-27 SO AS TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA LANCASTER CAMPUS, SALKEHATCHIE CAMPUS, UNION CAMPUS, AND SUMTER CAMPUS SHALL BE TRANSFERRED TO THE STATE BOARD FOR COMMUNITY COLLEGES AND TECHNICAL AND COMPREHENSIVE EDUCATION AND ADMINISTERED AS ALL OTHER TWO-YEAR INSTITUTIONS UNDER THE AUTHORITY OF THIS STATE BOARD, TO PROVIDE FOR AN AREA COMMISSION FOR EACH OF THESE INSTITUTIONS, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS OF EACH AREA COMMISSION; BY ADDING SECTION 59-53-35 SO AS TO CHANGE THE NAME OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO THE STATE BOARD FOR COMMUNITY COLLEGES AND TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO PROVIDE FOR TRANSITIONAL PROVISIONS TO ACCOMPLISH THE ABOVE TRANSFERS.

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

SECTION    1.    Chapter 53, Title 59 of the 1976 Code is amended by adding:

"Section 59-53-25.    On July 1, 2003, the following two-year campuses of the University of South Carolina are transferred to the State Board for Community Colleges and Technical and Comprehensive Education:

(1)    University of South Carolina - Lancaster;

(2)    University of South Carolina - Salkehatchie;

(3)    University of South Carolina - Union;

(4)    University of South Carolina - Sumter."

SECTION    2.    Chapter 53, Title 59 of the 1976 Code is amended by adding:

"Section 59-53-26.    Each two-year campus of the University of South Carolina transferred to the State Board for Community Colleges and Technical and Comprehensive Education shall have an area commission as follows:

(1)    Each area commission shall be comprised of nine members who must be qualified electors of each county wherein the institution is located. The members must be appointed by the Governor upon the recommendation of a majority of the legislative delegation of the respective county. Of the initial appointees, three members shall have terms of one year, three shall have terms of two years, and three shall have terms of three years. Upon the expiration of the initial terms, successors must be appointed in the manner provided for terms of three years. All members shall hold office until their successors have been appointed and qualify. In the event of a vacancy, a successor must be appointed in the manner of original appointment for the remainder of the term for which the vacancy must be filled. Each 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. Each area commission shall 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 that county.

(2)    Each area commission is empowered to:

(a)    adopt and use a corporate seal;

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

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

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

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

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

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

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

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

(j)        expend any funds received in any manner consistent with their approved budget, and thereafter to expend such funds for the operation, maintenance, and improvement of the facilities;

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

(3)    The area commission at all times shall 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 must be made by a qualified public accountant. Copies of the audit must be delivered to the legislative delegation and governing body of that county.

(4)    The area commission shall submit a budget for the ensuing fiscal year on or before February fifteenth of each year for approval by the legislative delegation from that county."

SECTION    3.    Chapter 53, Title 59 of the 1976 Code is amended by adding:

"Section 59-53-27.    (A)    The State Board for Community Colleges and Technical and Comprehensive Education shall complete plans to be filed with the Commission on Higher Education before June 30, 2003, broadening the curricula in the two-year campuses referenced in Section 59-53-25 to include technical education as well as the current college parallel curricula, in order to provide technical training in those communities to enhance economic development.

(B)    In addition to all other authority conferred by law, the board shall have the authority to expand, consolidate, or reduce the educational program offerings by two-year institutions under its jurisdiction located in the same community to avoid excessive costs or unnecessary duplication."

SECTION    4.    A.    Chapter 53, Title 59 of the 1976 Code is amended by adding:

"Section 59-53-35.    On July 1, 2003, the name of the State Board for Technical and Comprehensive Education is changed to the State Board for Community Colleges and Technical and Comprehensive Education."

B.    The Code Commissioner shall conform all references relating to the State Board for Technical and Comprehensive Education to reflect the new name of the board as provided in Section 59-53-35.

SECTION    5.    On July 1, 2003, the employees, current appropriations, assets, and liabilities of the University of South Carolina two-year campuses referred to in Section 59-53-25 shall be transferred to the State Board for Community Colleges and Technical and Comprehensive Education. All classified or unclassified personnel employed by these campuses on June 30, 2003, either by contract or by employment at will, shall become employees of the new two-year technical colleges as appropriate on July 1, 2003, with the same compensation, classification, grade level, or tenure as applicable until thereafter changed by the state board. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer including, but not limited to, the filing of deeds, allocation to the new two-year technical colleges of the existing bonded indebtedness of the University of South Carolina attributable to these campuses, and the allocation to the new two-year technical colleges of other real or personal property necessary to effectuate the transfer.

SECTION    6.    This act takes effect upon approval by the Governor.