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Indicates Matter Stricken
Indicates New Matter
H. 4920
STATUS INFORMATION
Joint Resolution
Sponsors: Reps. Bingham, Allison, Anthony and Hayes
Document Path: l:\council\bills\agm\18183ab14.docx
Introduced in the House on March 12, 2014
Introduced in the Senate on March 25, 2014
Last Amended on March 20, 2014
Currently residing in the Senate Committee on Education
Summary: John de la Howe School
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
3/12/2014 House Introduced, read first time, placed on calendar without
reference (House Journal-page 13)
3/19/2014 House Debate adjourned until Thur., 3-20-14
(House Journal-page 15)
3/20/2014 House Amended (House Journal-page 21)
3/20/2014 House Read second time (House Journal-page 21)
3/20/2014 House Roll call Yeas-102 Nays-1 (House Journal-page 23)
3/20/2014 House Unanimous consent for third reading on next legislative
day (House Journal-page 24)
3/21/2014 House Read third time and sent to Senate (House Journal-page 1)
3/25/2014 Senate Introduced and read first time (Senate Journal-page 8)
3/25/2014 Senate Referred to Committee on Education
(Senate Journal-page 8)
View the latest legislative information at the website
VERSIONS OF THIS BILL
3/12/2014
3/12/2014-A
3/20/2014
AMENDED
March 20, 2014
H. 4920
S. Printed 3/20/14--H.
Read the first time March 12, 2014.
TO TRANSFER ADMINISTRATIVE CONTROL OF THE JOHN DE LA HOWE SCHOOL FROM THE BOARD OF TRUSTEES OF THE SCHOOL TO THE DEPARTMENT OF JUVENILE JUSTICE FOR FISCAL YEAR 2014-2015, TO TRANSFER THE POWERS AND DUTIES OF THE BOARD TO THE DEPARTMENT DURING FISCAL YEAR 2014-2015; TO PROVIDE THAT THE BOARD OF TRUSTEES SHALL SERVE IN AN ADVISORY CAPACITY TO THE DEPARTMENT DURING FISCAL YEAR 2014-2015; AND TO PROVIDE FOR THE CONSTRUCTION OF THE TERMS OF THIS JOINT RESOLUTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) To provide that through Fiscal Year 2014-2015, the Department of Juvenile Justice shall assume administrative control of the John de la Howe School, and the powers and duties of the board of trustees must be transferred to the department through Fiscal Year 2014-2015, including, but not limited to:
(1) controlling of the business, property, and affairs of the school, as provided in Section 59-49-20;
(2) electing of a superintendent for the school and the authority to approve decisions of the superintendent concerning the employ and discharge of all employees of the school as provided in Section 59-49-80;
(3) instructing the superintendent of the school to implement programs which shall meet the needs of children from all of South Carolina who for some urgent reason need to be separated from their home or community as provided in Section 59-49-100;
(4) carrying out improved forestry and farm practices on the timber holdings and farmland of the school property and apply the revenues derived from them and any other revenue source on the property for the further improvement and development of the school forest and farmlands and for other school purposes, as provided in Section 59-49-110;
(5) having discretion over the use of all amounts received from the estate of John de la Howe for the support and development of the school, as provided in Section 59-49-120;
(6) making rules and regulations for its own government and for the management of the school as it may deem necessary, consistent with the laws of this State and with the terms of the will of Dr. John de la Howe, as provided in Section 59-49-140;
(7) determining policies concerning the manner and method of determining financial ability and the collecting and retention of amounts required to be paid for the maintenance of students in accordance with state policy, as provided in Section 59-49-150; and
(8) powers and duties of the board derived from any other provisions of Chapter 49, Title 59 or another provision of law.
(B) Through Fiscal Year 2014-2015, the members of the board of trustees of the John de la Howe school shall serve in an advisory capacity to the Department of Juvenile Justice. The provisions of Section 59-49-20, concerning terms and vacancies of board members, Section 59-49-30, concerning removal of board members, Section 59-49-40, concerning meetings of trustees, and Section 59-49-60, concerning compensation of trustees, remain in full force and effect through Fiscal Year 2014-2015 independent of the department's administrative control of the school as provided in subsection (A). However, nothing in this joint resolution may be construed to toll the running of the terms of the members of the board of trustees through Fiscal Year 2014-2015.
(C) The provisions of this joint resolution must be construed liberally in favor of empowering the Department of Juvenile Justice to control the affairs of the John de la Howe school through Fiscal Year 2014-2015, and to the extent a provision of Chapter 49, Title 59 conflicts with a provision of this joint resolution, the provisions of this joint resolution must prevail.
SECTION 2. This joint resolution takes effect upon approval by the Governor and only applies through June 30, 2015.
This web page was last updated on June 11, 2014 at 12:24 PM