H 4500 Session 112 (1997-1998)
H 4500 General Bill, By Boan
A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE
18 SO AS TO CODIFY A PREVIOUSLY UNCODIFIED ACT ESTABLISHING THE WILLIAMSBURG
TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION AND IN THE
CODIFIED ACT RENAMING THE GOVERNING BOARD AS THE WILLIAMSBURG TECHNICAL
COLLEGE COMMISSION AND PROVIDING THAT THE MEMBERS OF THE FORMER COMMISSION
BOARD ARE DEEMED TO HAVE BEEN APPOINTED TO THE GOVERNING BOARD OF THE NEWLY
CONSTITUTED COMMISSION; TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410,
59-53-710, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE
GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE
THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE
INSTITUTIONS ADMINISTERED BY THESE BOARDS AND TO DELETE OBSOLETE PROVISIONS
AND MAKE GRAMMATICAL CHANGES, AND TO REPEAL ACT 58 OF 1969, RELATING TO THE
ESTABLISHMENT OF THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION
CENTER COMMISSION.
01/27/98 House Introduced and read first time HJ-340
01/27/98 House Referred to Committee on Education and Public
Works HJ-341
03/12/98 House Committee report: Favorable with amendment
Education and Public Works
03/17/98 House Amended HJ-31
03/17/98 House Read second time HJ-34
03/18/98 House Read third time and sent to Senate HJ-29
03/19/98 Senate Introduced and read first time SJ-6
03/19/98 Senate Referred to Committee on Education SJ-6
05/14/98 Senate Committee report: Favorable with amendment
Education SJ-15
05/21/98 Senate Amended SJ-20
05/21/98 Senate Read second time SJ-20
05/26/98 Senate Read third time and returned to House with
amendments SJ-12
05/28/98 House Senate amendment amended HJ-109
05/28/98 House Returned to Senate with amendments HJ-110
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
Amentment No. 1A--P:\AMEND\BBM\9937mm.98
May 28, 1998
H. 4500
Introduced by Rep. Boan
S. Printed 5/21/98--S.
Read the first time March 19, 1998.
A BILL
TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND
VOCATIONAL EDUCATION AND TRAINING, BY ADDING
ARTICLE 18 SO AS TO CODIFY A PREVIOUSLY UNCODIFIED
ACT ESTABLISHING THE WILLIAMSBURG TECHNICAL,
VOCATIONAL AND ADULT EDUCATION CENTER
COMMISSION AND IN THE CODIFIED ACT RENAMING THE
GOVERNING BOARD AS THE WILLIAMSBURG TECHNICAL
COLLEGE COMMISSION AND PROVIDING THAT THE
MEMBERS OF THE FORMER COMMISSION BOARD ARE
DEEMED TO HAVE BEEN APPOINTED TO THE GOVERNING
BOARD OF THE NEWLY CONSTITUTED COMMISSION; TO
AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, 59-53-710,
59-53-910, AND 59-53-1410, ALL RELATING TO THE
ESTABLISHMENT OF THE GOVERNING BODIES OF
VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS
TO CHANGE THE NAMES OF THE GOVERNING BODIES TO
REFLECT THE REVISED NAMES OF THE INSTITUTIONS
ADMINISTERED BY THESE BOARDS AND TO DELETE
OBSOLETE PROVISIONS AND MAKE GRAMMATICAL
CHANGES, AND TO REPEAL ACT 58 OF 1969, RELATING TO
THE ESTABLISHMENT OF THE WILLIAMSBURG
TECHNICAL, VOCATIONAL AND ADULT EDUCATION
CENTER COMMISSION.
Amend Title To Conform
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:
"Article 18
Williamsburg Technical College Commission
Section 59-53-1510. There is created in Williamsburg County the
Williamsburg Technical College Commission. The commission is a
body politic and corporate, consisting of eleven members. Each
member must be appointed by the Governor, upon the
recommendation of a majority of the resident members of the
legislative delegation of Williamsburg County, including the resident
senator, and each member must be a qualified elector of
Williamsburg County. Five members must be appointed to represent
the County Board of Education; five members shall represent the
business and industrial leadership of Williamsburg County; and one
member shall represent the local development board. All members
must be appointed for terms of three years and until their successors
are appointed and qualify. Any vacancy must be filled in the manner
of the original appointment for the unexpired portion of the term
only. The commission shall organize by electing one of its members
as chairman, one as vice-chairman, and one as secretary. The terms
of appointees expire on the first day of July of the appropriate year.
Section 59-53-1520. The commission is responsible for the
development and implementation of an adequate and comprehensive
manpower training program, which includes, but is not limited to:
(1) a program coordinated with the industrial expansion effort
which will provide immediate training for established industries and
provide immediate training for particular industries;
(2) basic education for out-of-school persons who need a higher
education level for gainful employment;
(3) vocational and skill-level training for high school students;
(4) vocational and skill-level training for persons out of school;
and
(5) technician-level education; and short-term training as may be
required.
The commission, in carrying out this program, shall cooperate with
all state and federal agencies that can assist or further its program.
Section 59-53-1530. The commission is empowered to do all
things necessary or convenient to promote the objects of the program
instituted by Article 1 of this chapter and, may:
(1) adopt and use a corporate seal;
(2) adopt the bylaws, rules, and regulations for the conduct of
business and the expenditures of its funds as it considers advisable;
(3) acquire sites within Williamsburg County and construct and
equip on these sites appropriate facilities in accordance with the
standards and specifications promulgated by the State Board for
Technical and Comprehensive Education and the State Department
of Education, but land purchased and the buildings erected on the
land is the property of Williamsburg County;
(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 necessary administrative services required by the
cooperating state agencies;
(8) employ personnel as necessary to enable the commission to
fulfill its functions;
(9) establish, promulgate, and enforce reasonable rules and
regulations, in conjunction with those promulgated by the
cooperating state agencies, for the operation of its facilities;
(10) expend funds received in any manner, including the proceeds
derived from bonds issued by Williamsburg County to defray costs
incident to the establishment of adequate facilities for the program
and thereafter expend the funds for the operation, maintenance, and
improvement of the facilities;
(11) apply for, receive, and expend monies from governmental
agencies, both state and federal; and
(12) exercise all powers contemplated for local agencies by Article
1 of this chapter.
Section 59-53-1540. The commission shall 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 must be made by a qualified public accountant.
Copies of the audit must be delivered to the legislative delegation and
the governing body of Williamsburg County.
Section 59-53-1550. The commission shall submit a budget for the
ensuing fiscal year on or before February fifteenth of each year for
approval by the legislative delegation for Williamsburg
County."
SECTION 2. A. Section 59-53-210 of the 1976 Code is
amended to read:
"Section 59-53-210. There is hereby created the
Anderson-Oconee-Pickens Technical Education and Training
Tri-County Technical College 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
Tri-County Technical College Commission (hereinafter
called the Commission)."
B. Section 59-53-240 of the 1976 Code is amended to read:
"Section 59-53-240. The commission shall provide for the
creation, maintenance, and operation of a technical
educational center college to be located in one of the
three counties as the commission shall designate
designates, and there shall must be
developed and carried out at such the 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,
designates upon such the terms as
the commission shall require requires."
SECTION 3. Section 59-53-710 of the 1976 Code is amended to
read:
"Section 59-53-710. The area committee for the
technical education center for Florence and
Darlington Florence-Darlington Technical College
Counties shall be is a body politic and corporate
and shall consist consisting of ten members, who
shall must be qualified registered electors of
Darlington and or Florence Counties; provided,
that not more than five members may be registered qualified
electors of one from each county. The appointment
to office of the area of the committee
members shall must 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 for terms of three years and until their
successors are appointed and qualify. 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 a
vacancy shall occur occurs, a successor shall
must 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 4. Section 59-53-910 of the 1976 Code is amended to
read:
"Section 59-53-910. There is created the Beaufort
Technical Technical College of the Low
Country Area Commission which shall serve as the governing
body of Beaufort Technical theTechnical College
of the Low Country. The commission is a body politic and
corporate and consists consisting of seven members
who must be appointed in the manner hereinafter specified
provided in this section. 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 A 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 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 5. Section 59-53-1410 of the 1976 Code is amended to
read:
"Section 59-53-1410. There is hereby created the
Sumter Area Central Carolina Technical
Education College Commission composed of the
counties of Clarendon, Kershaw, Lee, and Sumter. The
commission shall be is a body politic and corporate,
and shall consist consisting of nine members. Each
member shall must be appointed by the Governor,
upon the recommendation of a majority of the legislative delegation
of his the member's respective county, and each
member shall must be a qualified registered elector
of the county he represents represented. Six members
shall must 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 must be appointed from
each of the following counties: Clarendon, Kershaw, and
Lee. Their terms shall be are 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 A vacancy shall 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 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 6. The power and duties of the Williamsburg Technical,
Vocational and Adult Education Center Commission are devolved
upon the Williamsburg Technical College Commission established
pursuant to Article 18, Chapter 53, Title 59 of the 1976 Code as
added by this act, which is its successor, and the members serving on
the board of the Williamsburg Technical, Vocational and Adult
Education Center Commission on the effective date of this act are
deemed to have been appointed to the successor commission and
shall serve for the terms for which they were appointed on the former
commission.
SECTION 7. Act 58 of 1969 is repealed.
SECTION 8. Chapter 53, Title 59 of the 1976 Code is amended by
adding:
"Article 19
Aiken County Commission for
Technical and Comprehensive Education
Section 59-53-1610. There is created in Aiken County the Aiken
County Commission for Technical and Comprehensive Education.
The commission is a body politic and corporate, consisting of nine
members. Each member must be appointed by the Governor, upon
the recommendation of a majority of the resident members of the
legislative delegation of Aiken County, including the resident
senator, and each member must be a qualified registered elector of
Aiken County. Successors to currently serving commissioners must
be appointed for terms of four years in the same manner as provided
for the original appointment. If a vacancy arises, a successor must be
appointed by the Governor for the balance of the unexpired term in
the same manner as the original appointment was made. The
members of the commission shall serve until their successors have
been appointed and qualify. All terms of office terminate on July 1
of the appropriate year. The commission shall organize by electing
one of its members as chairman, another as vice chairman, and a third
as secretary. In addition to those members appointed by the
Governor, the Chairman of the Aiken County Commission for Higher
Education shall serve as an ex officio member of the commission.
Section 59-53-1620. The commission is responsible for the
development and implementation of an adequate vocational and
technical training program which includes, but is not limited to, a
program coordinated with the 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 that can assist or further its program.
Section 59-53-1630. The commission is empowered to do all
things necessary or convenient to promote the objects of the program
instituted by Article 1 of this chapter and, may:
(1) adopt and use a corporate seal;
(2) adopt the bylaws, rules, and regulations for the conduct of
business and the expenditures of its funds as it considers advisable;
(3) acquire sites within Aiken County and construct and equip on
these sites appropriate facilities in accordance with the standards and
specifications promulgated by the State Board for Technical and
Comprehensive Education and the State Department of Education,
but land purchased and the buildings erected on the land is the
property of Aiken County;
(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 necessary administrative services required by the
cooperating state agencies;
(8) employ personnel as necessary to enable the commission to
fulfill its functions;
(9) establish, promulgate, and enforce reasonable rules and
regulations, in conjunction with those promulgated by the
cooperating state agencies, for the operation of its facilities;
(10) expend funds received in any manner, including the proceeds
derived from bonds issued by Aiken County to defray costs incident
to the establishment of adequate facilities for the program and
thereafter expend the funds for the operation, maintenance, and
improvement of the facilities;
(11) apply for, receive, and expend monies from governmental
agencies, both state and federal; and
(12) exercise all powers contemplated for local agencies by Article
1 of this chapter.
Section 59-53-1640. The commission shall 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 must be made by a qualified public accountant.
Copies of the audit must be delivered to the legislative delegation and
the governing body of Aiken County.
Section 59-53-1650. Not less frequently than annually, the
commission shall submit a written report of its activities and file a
copy with the legislative delegation for Aiken County."
SECTION 9. This act takes effect upon approval by the Governor.
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