Bill 3133

                    Current Status

Bill Number:               3133
Ratification Number:       51
Act Number                 33
Introducing Body:          House
Subject:                   Midlands Technical College
                           Commission

(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 Based on current population data, this previous ratio is no longer valid.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.