South Carolina General Assembly
106th Session, 1985-1986

Bill 2080

                    Current Status

Bill Number:               2080
Ratification Number:       55
Act Number:                35
Introducing Body:          House
Subject:                        John de la Howe School
                           trustees
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A35, R55, H2080)

AN ACT TO AMEND SECTIONS 59-49-20, 59-49-60, 59-49-100, 59-49-110, AND 59-49-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOHN DE LA HOWE SCHOOL, SO AS TO INCREASE THE NUMBER OF TRUSTEES OF THE SCHOOL FROM SEVEN TO NINE, TO PROVIDE FOR THE TRUSTEES TO RECEIVE PER DIEM AND MILEAGE, TO MAKE CHANGES IN THE STATEMENT OF THE MISSION OF THE SCHOOL, TO PROVIDE FOR THE USE OF REVENUES DERIVED FROM PRACTICES PERFORMED ON THE SCHOOL PROPERTY, AND TO REPEAL SECTION 59-49-50, RELATING TO THE ADVISORY COMMITTEE FOR THE SCHOOL.

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

Control of the school

SECTION 1. Section 59-49-20 of the 1976 Code is amended to read:

"Section 59-49-20. The business, property, and affairs of the school must be under the control of a board of trustees, consisting of nine members, appointed by the Governor, subject to confirmation by the Senate. The terms of the members of the board must be for terms of five years. Appointments to fill vacancies must be for the remainder of the terms in the same manner of original appointments."

Board of trustees

SECTION 2. Of the two members added to the board of trustees by Section 1 of this act one must be appointed for a term of two years and one must be appointed for a term of four years. Their successors must be appointed for regular five year terms.

Per diem and mileage

SECTION 3. Section 59-49-60 of the 1976 Code is amended to read:

"Section 59-49-60. All members of the board shall receive per diem and mileage as provided by law for members of state boards, committees, and commissions."

Purpose and policy

SECTION 4. Section 59-49-100 is amended to read:

"Section 59-49-100. It is declared to be the purpose and policy of the State to maintain and develop the school property in accordance with the purposes of the will of Dr. John De La Howe as interpreted by the Supreme Court of South Carolina, Mars v Gibert, 93 SC 455, which for historical reference reads: 'First, the establishment and maintenance of an agricultural and mechanical school as an institution in Abbeville County, stimulating and improving the industrial life of the entire community; second, the training, free of charge, of twenty-four boys and girls, not as college men and women, but in the beginning of school life; and, third, the like training of the children of the neighborhood not supported by the fund.' It is declared that the term 'Abbeville County' shall be understood to mean that portion of South Carolina known as Abbeville County at the time the will of Dr. John De La Howe was dated, namely January 2, 1797. The property is now in McCormick County. It is further declared that, given the above historical perspective, the Board of Trustees of John De La Howe School shall instruct 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."

Trustees

SECTION 5. Section 59-49-110 of the 1976 Code is amended to read:

"Section 59-49-110. The trustees of the John De La Howe School may carry 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."

Pupils of the school

SECTION 6. Section 59-49-150 of the 1976 Code is amended to read:

"Section 59-49-150. Pupils at the school whose estates are sufficient or the relatives of the pupils liable in law for their support whose estates are sufficient shall pay for the maintenance of the pupils in whole or in part. Policies concerning the manner and method of determining financial ability and the collecting and retention of amounts required to be paid must be determined by the Board of Trustees, in accordance with state policy."

Repeal

SECTION 7. Section 59-49-50 of the 1976 Code is repealed.

Time effective

SECTION 8. This act shall take effect upon approval by the Governor.