S*1266(Rat #0439, Act #0461 of 1998)  General Bill, By Land
 A BILL TO TRANSFER ALL FUNCTIONS, POWERS, AND DUTIES PROVIDED BY LAW TO THE
 BOARD OF TRUSTEES FOR THE VOCATIONAL EDUCATION SCHOOL FOR CLARENDON COUNTY TO
 THE CLARENDON COUNTY GOVERNING BODY UNDER CERTAIN CONDITIONS, SO CREATE THE
 ADVISORY BOARD FOR THE VOCATIONAL EDUCATION SCHOOL FOR CLARENDON COUNTY AND
 PROVIDE FOR THE COMPOSITION OF THE BOARD, LENGTH OF TERMS OF MEMBERS, MEETINGS
 OF THE BOARD, AND PROVIDE THAT THE BOARD SHALL PERFORM THOSE DUTIES WITH
 REGARD TO THE SCHOOL AS DETERMINED BY THE COUNTY GOVERNING BODY, TO PROVIDE
 FOR THE POWERS OF THE COUNTY GOVERNING BODY WITH REGARD TO THE OPERATION OF
 THE SCHOOL, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE EFFECTIVE UPON
 ENACTMENT OF AN ORDINANCE BY THE COUNTY GOVERNING BODY IN WHICH THE GOVERNING
 BODY ACCEPTS THE RESPONSIBILITIES PROVIDED IN THIS ACT.-AMENDED TITLE

   05/27/98  Senate Intd. & placed on local & uncontested cal. w/o
                     reference SJ-10
   05/27/98  Senate Unanimous consent for second reading on next
                     legislative day SJ-10
   05/07/98  Senate Unanimous consent for third reading on next
                     legislative day SJ-10
   05/28/98  Senate Read second time SJ-61
   05/29/98  Senate Read third time and sent to House SJ-2
   06/02/98  House  Introduced and read first time HJ-10
   06/02/98  House  Referred to delegation from Clarendon HJ-10
   06/03/98  House  Delegation report: Favorable Clarendon HJ-32
   06/03/98  House  Read second time HJ-33
   06/04/98  House  Amended HJ-6
   06/04/98  House  Read third time and returned to Senate with
                     amendments HJ-10
   06/04/98  Senate Concurred in House amendment and enrolled SJ-44
   06/04/98         Ratified R 439
   06/11/98         Became law without Governor's signature
   07/07/98         See act for exception to or explanation of
                     effective date
   07/07/98         Copies available
   09/14/98         Act No. 461

AN ACT TO TRANSFER ALL FUNCTIONS, POWERS, AND DUTIES PROVIDED BY LAW TO THE BOARD OF TRUSTEES FOR THE VOCATIONAL EDUCATION SCHOOL FOR CLARENDON COUNTY TO THE CLARENDON COUNTY GOVERNING BODY UNDER CERTAIN CONDITIONS, TO CREATE THE ADVISORY BOARD FOR THE VOCATIONAL EDUCATION SCHOOL FOR CLARENDON COUNTY AND PROVIDE FOR THE COMPOSITION OF THE BOARD, LENGTH OF TERMS OF MEMBERS, MEETINGS OF THE BOARD, AND PROVIDE THAT THE BOARD SHALL PERFORM THOSE DUTIES WITH REGARD TO THE SCHOOL AS DETERMINED BY THE COUNTY GOVERNING BODY, TO PROVIDE FOR THE POWERS OF THE COUNTY GOVERNING BODY WITH REGARD TO THE OPERATION OF THE SCHOOL, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE EFFECTIVE UPON ENACTMENT OF AN ORDINANCE BY THE COUNTY GOVERNING BODY IN WHICH THE GOVERNING BODY ACCEPTS THE RESPONSIBILITIES PROVIDED IN THIS ACT.

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

Functions, powers of board, etc., transferred to county governing body

SECTION 1. Notwithstanding any other provision of law, all functions, powers, and duties provided by law to the Board of Trustees for the Vocational Education School for Clarendon County are hereby transferred to the Clarendon County governing body together with all records, property, personnel, and unexpended appropriations. The Board of Trustees for the Vocational Education School for Clarendon County is hereby abolished and governance over the school must be assumed by the county governing body.

Title to all property of the school must be transferred from the board of trustees of the school and from Clarendon County School Districts 1, 2, and 3, if applicable, to the county governing body.

Advisory board created

SECTION 2. (A) There is hereby created the Advisory Board for the Vocational Education School for Clarendon County. The board consists of:

(1) one member appointed by the county governing body; and

(2) two members each from the school boards of Clarendon County School Districts No. 1, 2, and 3, to be designated by the respective boards.

(B) The length of the terms of the initial members shall be determined by lot. Upon the expiration of their initial terms, their successors shall be selected for three-year terms, such terms to be coterminus with their terms on the board which selects them. All members shall serve until their successors are selected. The secretary of each board shall certify to the county board of education the names of the persons selected, and a record shall be kept in that office of such selections.

(C) The county governing body must appoint a chairman from among the members, to serve a two-year term. No person shall serve more than two consecutive terms as chairman.

(D) The board when selected shall meet upon the call of a majority of the members. The board may elect a vice chairman and such other officers as it deems necessary. The board shall meet regularly once a month, or more often, at the call of the chairman.

(E) The advisory board shall perform such duties with regard to the school as determined by the county governing body.

Powers of county governing body

SECTION 3. (A) The county governing body may:

(1) enter into reasonable agreements to transfer the management and operations of the school to Central Carolina Technical College or another institution of higher learning;

(2) sell, lease, or transfer certain school land, together with all easements, rights, privileges, and appurtenances appertaining thereto, and all of the buildings, structures, fixtures, and other improvements existing and situated on that land; and

(3) sell, lease, or transfer furniture, fixtures, equipment, accounts receivable, and other incidental assets associated with or employed in the operation of the school on the land.

(B) The following terms and conditions must be observed and included and accepted in any agreement for the management and operation of the school and in any agreement for the sale, lease, or transfer of the school's real or personal property:

(1) The premises sold, leased, or transferred may be used only for the operation of educational programs agreed upon by the county governing body. If the premises cease to be used for educational programs agreed upon by the county governing body, ownership of the premises shall revert to the county governing body.

(2) An institution of higher learning chosen by the county governing body to operate the school shall not transfer, sell, lease, or assign control of the school, or of the entity operating or controlling the school or of any of its related real estate or other assets, to any other entity without the prior express written approval of the county governing body and without compliance with the same terms and conditions provided in this act. Prior to any such transfer, sale, lease, or assignment of control, the county governing body shall have the right of first refusal and be given sufficient time to consider and decide whether to exercise the right of first refusal.

(3) All agreements, the manner in which all agreements are made, and the implementation of all agreements must comply with all applicable laws.

(4) The county governing body shall have access at all times to all records pertaining to the operation of the school.

(C)(1) If an agreement for the management and operation of the school or an agreement for the sale, lease, or transfer of the school is made, Clarendon County School Districts 1, 2, and 3, and any other school district established in Clarendon County in any subsequent act, shall continue to use the school for the vocational education of the students attending schools in the districts.

(2) At the direction of the school districts, the county treasurer shall remit to the Central Carolina Technical College or any other institution of higher education that is a party to the agreement:

(a) any funding provided to the school districts by the State of South Carolina and the federal government for vocational education and Tech Prep that is applicable to students attending the school, and any other funding provided to the districts and designated for use on behalf of students attending the school, provided, that the funding provided shall be based on the funding level per pupil as provided by the State Department of Education; and

(b) any amounts allocated by the school districts to the school from local sources that is applicable to students attending the school.

(3) All funds received from the school districts pursuant to item (2) of this subsection by Central Carolina Technical College or any other institution of higher learning that is a party to the agreement shall be used exclusively for the education of students attending the school from the school districts providing the funds.

(4) The county governing body shall provide funding for the use of the school in an amount which is not less than the amount provided to the school for the 1997-98 fiscal year.

(D)(1) If an agreement for the management and operation of the school or an agreement for the sale, lease, or transfer of the school is made, Central Carolina Technical College or any other institution of higher learning that is a party to the agreement may offer, without limitation, the following services:

(a) secondary school vocational education;

(b) adult education such as remediation, literacy, and vocational/technical courses;

(c) college credit courses leading to an associate's degree;

(d) college credit courses that transfer to a four-year institution;

(e) specialized vocational/technical courses, credit or noncredit, for the general population; and

(f) workforce development training.

(2) All services offered shall be agreed upon by:

(a) the county governing body;

(b) Central Carolina Technical College or any other institution of higher learning that is a party to the agreement; and

(c) if the services are provided to high school students, the school districts with students attending the school.

(E) Compliance with the provisions of this act is exclusive and shall satisfy the approval requirements of any and all other statutory provisions requiring the review and/or approval of any agency, department, or division.

Time effective

SECTION 4. Upon approval of the Governor, this act takes effect upon enactment of an ordinance by the county governing body in which the governing body accepts the responsibilities provided in this act and notifies the Code Commissioner of its acceptance. If the county governing body accepts the responsibilities provided in this act, the Code Commissioner shall make a notation of the acceptance in the volume of the Code of Laws of South Carolina entitled "Index to Local Laws," including any revised volume or cumulative supplement.

Became law without the signature of the Governor -- 06/11/98.