H*3133 Session 108 (1989-1990)
H*3133(Rat #0051, Act #0033 of 1989) General Bill, By Koon
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 20
to Chapter 53, Title 59, so as to create the Midlands Technical College
Commission, define the functions, powers, and duties of the Commission, and
provide for the transfer of assets and liabilities and the continued operation
of Midlands Technical College and to repeal Article 19, Chapter 53, Title 59,
relating to the Richland-Lexington Counties Commission for Technical
Education.
01/10/89 House Introduced and read first time HJ-60
01/10/89 House Referred to Committee on Education and Public
Works HJ-60
03/08/89 House Committee report: Favorable Education and Public
Works HJ-7
03/09/89 House Read second time HJ-34
03/09/89 House Unanimous consent for third reading on next
legislative day HJ-35
03/10/89 House Read third time and sent to Senate HJ-1
03/14/89 Senate Introduced and read first time SJ-13
03/14/89 Senate Referred to Committee on Education SJ-13
03/15/89 Senate Committee report: Favorable Education SJ-15
03/22/89 Senate Read second time SJ-9
03/23/89 Senate Read third time and enrolled SJ-9
03/28/89 Ratified R 51
04/03/89 Signed By Governor
04/03/89 Effective date 04/03/89
04/03/89 Act No. 33
04/06/89 Copies available
(A33, R51, H3133)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20
TO CHAPTER 53, TITLE 59, SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE
COMMISSION, DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, AND
PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION
OF MIDLANDS TECHNICAL COLLEGE AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59,
RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.
Whereas, by Section 23, Act 323 of 1961, a program looking to the establishment
of adequate vocational and technical educational facilities in the State,
intended to coordinate with the industrial expansion of South Carolina, was
instituted by the General Assembly on a basis requiring cooperation between the
state agency created and counties or areas within the State. Specifically, it
is required that in order for a county or area to comply with the program and
receive its benefits, it shall make available and operate adequate facilities and
at the same time provide for adequate local supervision. Also, by Act 521 of
1969, the General Assembly established an institution for technical education in
Richland and Lexington Counties under the supervision of the Richland-Lexington
Counties Commission for Technical Education as an administrative agency of
Richland and Lexington Counties and also established a ratio for membership on
the commission and funding support from the counties. This ratio of members and
funding was based on population data then current. Based on current population
data, this previous ratio is no longer valid. The General Assembly has
determined a new ratio must be established and that the name of the commission
must be changed to the Midlands Technical College Commission to reflect better
the duties and relationship of the commission to the college it supervises.
Further, the General Assembly has determined to prescribe the functions of the
Midlands Technical College Commission. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Midlands Technical College Commission
SECTION 1. Chapter 53, Title 59 of the 1976 Code is amended by adding:
"Article 20
Midlands Technical College Commission
Section 59-53-1710. 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 three 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. If a vacancy occurs
a successor must be appointed in the same manner as the original appointment for
the unexpired portion of the term. 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 offices 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. 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. 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. 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. 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. 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."
Appointment of additional member
SECTION 2. The change in the number of appointed members from Richland and
Lexington Counties provided for in this legislation must be accomplished by
appointing an additional member from Lexington County to the commission as the
term of appointment of the next commissioner from Richland County expires or a
seat occupied by a Richland County commissioner becomes vacant whichever occurs
first after the effective date of this act. The newly appointed Lexington County
member shall serve three years. The members of the Richland-Lexington Counties
Commission for Technical Education appointed pursuant to Article 19, Chapter 53,
Title 59 of the 1976 Code, and holding office on the effective date of this act
continue to serve until the expiration of their terms, at which time they may be
reappointed or successors appointed under the provisions of Section 59-53-1710.
Transfer of assets and liabilities
SECTION 3. On the first day of the month following the effective date of this
act, all assets and liabilities of the Richland-Lexington Counties Commission for
Technical Education are transferred to the Midlands Technical College Commission.
Repeal
SECTION 4. Article 19, Chapter 53, Title 59 of the 1976 Code is repealed.
Time effective
SECTION 5. This act takes effect upon approval by the Governor. |