CHAPTER 53 - TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING
Title 59 - Education
CHAPTER 53.
TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING
ARTICLE 1.
STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION
SECTION 59-53-10. State Board for Technical and Comprehensive Education created; members; terms; rules and regulations; contracts.
There is hereby created the State Board for Technical and Comprehensive Education (Board) as a continuing body and agency and instrumentality of the State. The board shall consist of ten members, appointed by the Governor for terms of six years and until successors are appointed and qualify. One member must be appointed from each congressional district, with the advice and consent of the legislative delegations of the congressional district involved, and be a resident thereof. There must be four at-large members appointed by the Governor, one of whom must be experienced in the policy development of secondary vocational education and adult basic and adult secondary education and one of whom must be experienced in the policy development of federal job training programs. The initial terms of office of board members representing congressional districts are for a period of years corresponding to the numerical designation of their respective districts. The initial terms of office of the first at-large members of the board are for three and six years determined by lot and the initial term of the at-large member experienced in the policy development of secondary vocational education and adult basic and adult secondary education is three years and the initial term of the at-large member experienced in the policy development of federal job training programs is six years. In addition, the State Superintendent of Education and the Secretary of Commerce shall serve as ex officio members of the board. The chairman must be elected by the board. In case a vacancy shall occur a member must be appointed in the same manner for the remainder of the unexpired term. The board shall enter into contracts and make regulations, including policies and guidelines, as considered necessary to fulfill the intent of Sections 59-5-61, 59-43-20, 59-53-10, 59-53-20, 59-53-40, 59-53-50, 59-53-57, 59-54-10 through 59-54-60, subject to the approval of the General Assembly.
SECTION 59-53-20. Jurisdiction and authority of Board over state-supported technical institutions and programs; South Carolina Technical Education System.
The State Board for Technical and Comprehensive Education shall have within its jurisdiction, in accordance with the provisions of this article, all state-supported technical institutions and their programs that are presently operating and any created in the future.
The State Board for Technical and Comprehensive Education shall have approval or disapproval authority over all post-secondary vocational, technical, and occupational diploma and associate degree programs financed in whole or in part by the State that lead directly to employment. Excepted are programs presently being offered by other state-supported institutions of higher learning which shall continue their present programs under the direction of their respective institutions. The Board shall continue major emphasis on the special schools program, which provides training for prospective employees for new and expanding industry, these programs to be closely coordinated with the state's economic development efforts.
The State Board of Education shall continue jurisdiction over currently operating licensed practical nurse (LPN) programs and twelve-month vocational agriculture programs which include adult training in agriculture in the public schools and these programs are subject to the requirements of Sections 59-54-40, 59-54-50, and 59-54-60.
All courses, programs, and institutions within the jurisdiction of the State Board for Technical and Comprehensive Education must be identified and administered as the South Carolina Technical Education System.
The State Board for Technical and Comprehensive Education shall have the responsibility for developing and maintaining short and long-range plans for providing up-to-date and appropriate occupational and technical training for adults and shall coordinate its planning activities with the Economic Development Coordinating Council, the State Council on Vocational-Technical Education, the Commission on Higher Education, the State Department of Education, the Employment Security Commission, and other state agencies, institutions, and departments.
All personnel employed in the institutions and programs within the jurisdiction and control of the State Board for Technical and Comprehensive Education are designated state employees whether paid in whole or in part by state funds and are subject to the regulations, guidelines, and policies of the State Board for Technical and Comprehensive Education, the Budget and Control Board, and the state personnel system. There may be no local supplements to any salaries. The State Board for Technical and Comprehensive Education shall establish salary ranges for unclassified institutional employees based upon minimum standard systemwide qualification criteria. Area commissions will fill all positions with qualified personnel.
SECTION 59-53-30. Open admissions; tuition and fees; literacy and vocational programs; parallel programs.
Institutions of the South Carolina Technical Education System shall maintain open admissions policies unless determined to be economically unfeasible by the Budget and Control Board and establish and maintain low tuition and fees in order to provide access to post-secondary education and insure that such educational opportunities shall not be denied to anyone.
Upon request and justification and with the approval of the State Board of Education, the Board may authorize an institution within its jurisdiction to contract with local school districts to offer adult literacy courses and programs and secondary-level vocational courses and programs.
Upon request and justification and with the approval of the Commission on Higher Education, the Board may authorize an institution within its jurisdiction to offer two-year college parallel programs. The Commission on Higher Education shall approve all criteria for college parallel courses.
SECTION 59-53-40. Coordination with Commission on Higher Education and others; budget; college parallel courses and associate degree programs.
The Board and local area commissions shall insure effective coordination with the public schools, other state agencies, literary councils, and private and nonprofit training organizations to maximize opportunities to best meet local education and training needs. The Board shall maintain effective coordination with the Commission on Higher Education and other educational boards and state agencies.
The Board is required to submit to the Commission on Higher Education a budget and enrollment documentation for all existing and proposed college parallel courses or associate degree programs with college transfer credit by institutional location for review and comment prior to submission of the Board's total state budget request to the State Budget and Control Board.
All college parallel courses or associate degree programs are subject to the approval or termination by the Commission on Higher Education.
SECTION 59-53-50. Additional powers and duties of Board.
The Board shall:
(1) be responsible for the state-level development, implementation, coordination, and operation of an adequate and high quality post-high school vocational, technical, and occupational diploma and associate degree courses, programs, and adult short-term training programs and courses financed in whole or in part by state funds; such courses and programs to be characterized by a continuing strong emphasis on the employment needs of the State, the communities, and people of South Carolina;
(2) establish criteria for and approve the awarding of certificates, diplomas, and associate (but not baccalaureate) degrees to students who successfully complete authorized and prescribed courses and programs of study and training;
(3) participate in the various programs of federal aid to public, post-secondary, two-year institutions, and to the students therein;
(4) accept and administer donations of funds, grants, real property, or equipment from individuals, corporations, foundations, and governmental bodies;
(5) establish a minimum and maximum tuition fee with the approval of the area commissions. Any fees charged above or below this established fee schedule shall require the approval of the Board and the appropriate area commissions;
(6) require accountability for and maintain inventory records over all donated equipment, all real property, and equipment in the South Carolina Technical Education System which is purchased by or for the institutions and programs regardless of source of funds. All inventory records shall identify sources of funds and ownership of all items;
(7) establish criteria for the justification of a new facility or the modification of existing facilities. No new facilities or modification of existing facilities shall occur without the approval of the area commission and the Board, and the location of any such new facility or modification of an existing facility in a particular county is subject to the approval of a majority of the members of the area commission from that county;
(8) employ an executive director and such other personnel as may be necessary for the Board to fulfill its duties and responsibilities;
(9) file reports on its activities annually, with such recommendations as may be appropriate, to the Governor and General Assembly;
(10) continue the special schools training program for new and expanding industry and business, closely coordinated with the state's economic development efforts;
(11) accept and administer federal funds provided to the State through the Job Training Partnership Act or succeeding programs;
(12) in accordance with memoranda of agreement with the South Carolina State Board of Education, beginning with the 1986-87 school year, accept and administer federal funds allocated to the State and required to be used for adult vocational training and retraining;
(13) assure leadership in education and training among state agencies in aiding businesses and industries faced with the curtailment or the reduction of their work force and assist displaced employees and welfare recipients in assessing their educational needs and providing education and training to meet those needs.
SECTION 59-53-51. Board to establish statewide policies and procedures; appeal by area commission to Budget and Control Board.
The Board shall establish statewide policies and procedures necessary to insure educational and financial accountability for operation of the technical education institutions and their programs.
The area commissions shall participate and provide input in the formulation of statewide policies and procedures through joint meetings, distribution of discussion documents and position papers, joint committees, service by area commission members on state board standing committees, and whatever other means which may be necessary or desirable.
The area commissions are delegated primary responsibility for local governance and supervision of the individual institutions in compliance with all state laws by adoption of appropriate local policies and procedures which are consistent with state-level policies and procedures.
Institutional fees and locally appropriated county funds must be retained in accounts held by the area commissions for expenditure under their direction in accordance with all applicable state and other laws.
An area commission has the right to appeal to the Budget and Control Board any final decision or action of the Board in accordance with the following procedures:
(1) if differences occur between the state executive director and the local president, the executive director, local president, and state board congressional district member or a designated at-large Board member shall appear before the local area commission to resolve the differences;
(2) if the differences are not resolved as outlined in item (1) the area commission chairman, local president, and state executive director shall appear before the Board to resolve the differences;
(3) if the differences are not resolved by the Board all parties, including the chairman of the Board, shall appear before the Budget and Control Board to resolve the differences.
SECTION 59-53-52. Powers and duties of area commissions, generally.
The area commissions shall:
(1) Adopt and use a corporate seal;
(2) Adopt such bylaws, rules and regulations for the conduct of business and the expenditure of their funds as they may deem desirable;
(3) Acquire sites and construct and equip thereon appropriate facilities in accordance with item (7) of Section 59-53-50; all real property is the possession of the area commission regardless of the source of funds for its purchase or construction, except for those campuses currently owned by the State. All personal property purchased with local funds is the possession of the area commission;
(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 to promote post-secondary vocational, technical and comprehensive education;
(7) Exercise responsibility for the operation, maintenance and improvement of institutional facilities;
(8) Employ the respective technical college president, who shall be employed at the will of the area commission from a list of at least three candidates recommended by a committee consisting of the chairman of the area commission or designated commission member, the chairman of the board or designated state board member and one area president appointed by the two aforementioned persons;
(9) Employ such other personnel as may be deemed necessary;
(10) Establish, promulgate and enforce reasonable rules and regulations for the operation of their facilities;
(11) Operate their affairs on a fiscal year beginning on July first each year and ending June thirtieth of the succeeding calendar year;
(12) Expend any funds received in any manner consistent with their approved budget and in accordance with the purposes for which the funds were made available including the proceeds derived from any bonds issued by the county or counties to defray any costs incident to the establishment of adequate facilities for the program and thereafter to expend such funds for the operation, maintenance and improvement of the facilities;
(13) Exercise the right of eminent domain in the geographical area served by each respective institution;
(14) Apply for, receive and expend moneys from all state, local and federal governmental agencies;
(15) Keep full and accurate accounts of receipts and expenditures and make monthly reports in accordance with uniform procedures established for the system, and within ninety days following the close of the fiscal year cause a complete audit of institutional affairs to be made by an independent certified public accountant with copies of the audit report and related documents to be delivered concurrently to the area commission and the Board. The area commission shall make copies available to legislative delegations or county governing bodies participating in the funding of the institution;
(16) Prepare and submit budgets for review by the county governing bodies participating in the funding of the individual institutions and to the Board for approval in accordance with the methods and procedures established by each of the bodies or agencies involved. Local tax revenue budgets shall require the approval of the county governing bodies;
(17) Award certificates, diplomas and associate (but not baccalaureate) degrees to students who successfully complete authorized and prescribed courses and programs of study and training;
(18) Exercise such other powers as may be provided for them by the legislation which established and regulates the particular area commission.
Except as otherwise provided herein, area commissions of the technical institutions existing on June 17, 1976, shall continue as presently constituted and as provided for by the legislation establishing the respective commissions.
SECTION 59-53-53. Borrowing by area commissions; special fees; disposing of excess real property.
(A) The area commission of any technical education institution under the jurisdiction of the South Carolina technical education system may borrow for capital improvements from a federal or other lending agency an amount not to exceed its ability to repay the loan through the imposition of a special fee. The terms of the loan may not exceed forty years. An area commission may issue covenants, enter into mortgages, and grant liens limiting the sale or use of certain parcels of real or personal property in its possession when required as a condition of accepting a grant, loan, or donation for specified capital improvement projects.
To amortize the loan, a special fee must be imposed within the limits established by the state board, the proceeds of which must be deposited in a special account to be used for payment of the loan in accordance with the terms negotiated by the commission and the lender. No funds other than the revenue from the special fee may be pledged for payment of the loan.
(B) The governing body for each technical college shall review the real property titled in the name of its institution to determine if such property is in excess of the institution's anticipated needs and is available for disposal. All real properties determined to be in excess may be disposed of with the approval of the State Board for Technical and Comprehensive Education, the Budget and Control Board, and the Joint Bond Review Committee. The proceeds of such sales are to be disposed of as follows:
(1) if the property was acquired by gift, or through tuition, student fees, county funds, or earned income, the proceeds may be retained by the selling institution for use in accord with established needs;
(2) if the property was acquired through state appropriations, state capital improvement bonds, or formula funds, the proceeds shall revert to the state general fund.
The responsibility for providing any necessary documentation including, but not limited to, documenting the fund source of any real property proposed for sale rests with each respective institution.
SECTION 59-53-57. State funds; procedures for appropriations.
State funds for the South Carolina Technical Education System must be appropriated to the board by the General Assembly and funds budgeted for the technical institutions must be allocated in a uniform and equitable manner. Monies appropriated for special schools must be retained at the state level and expended upon recommendation of the board. The board and all institutions under its direction shall use prescribed statewide accounting and budgeting systems which shall account for all revenues and expenditures regardless of sources of funds and purposes for which expended. The systems shall include provisions to identify specific revenues with the specific expenditures to which they relate when the fund source so requires.
The board and institutions are eligible to receive state funds for capital facilities. Prior to the withdrawal of authorized funds from the State Treasurer, the State Board for Technical and Comprehensive Education shall obtain and transmit to the State Treasurer a certificate from the appropriate official at the technical institution stating that a minimum of twenty percent of each project cost has been provided by the local support area. The provisions of this paragraph do not apply to Denmark and Beaufort Technical Colleges.
SECTION 59-53-70. Branches of University of South Carolina.
All four-year and three-year branches of the University of South Carolina shall continue to exist as branches of the University of South Carolina and three-year branches may add the fourth year upon approval of the Board of Trustees of the University of South Carolina.
SECTION 59-53-80. Transfer of control and management of certain area trade schools from State Board of Education to State Board for Technical and Comprehensive Education.
Effective July 1, 1969, the control and management of the area trade schools now located in Lexington, Bamberg and Beaufort Counties shall be transferred from the State Board of Education to the State Board for Technical and Comprehensive Education, as successor to the Advisory Committee for Technical Training. The Board shall merge and/or consolidate the trade schools into its system of local technical education centers in such manner as, in its opinion, will best serve the educational objectives of the technical training program; provided, that high school level vocational programs shall continue to be offered to students in the high schools of the area.
SECTION 59-53-90. Applications for Federal funds.
Applications for Federal funds for technical training or for financing construction of technical training centers shall be made by the State Board for Technical and Comprehensive Education and by the Governor on behalf of the State as a coapplicant along with the Board when such applications are required by the funding agency.
SECTION 59-53-100. Expenditure of net funds derived from auxiliary enterprises in institutions under supervision of Board; limitations.
All net funds derived from auxiliary enterprises in any institution under the supervision of the State Board for Technical and Comprehensive Education shall be expended by the institution subject to the following limitations: up to twenty percent of the net funds/or $1,000 whichever is greater may be expended specifically for promotional use and at least eighty percent of the net funds shall be expended for the institution's operational expenses. Provided, further, That promotional expenditures shall be in keeping with policies and guidelines developed by the State Board for Technical and Comprehensive Education.
ARTICLE 2.
FACILITIES AND IMPROVEMENTS FOR TECHNICAL EDUCATION COLLEGES AND CENTERS
SECTION 59-53-150. Legislative findings.
The General Assembly finds that additional facilities and improvements will be required from time to time for certain technical education colleges and centers in the State which will be of benefit to those in attendance at such institutions and which are properly payable from the special student fee authorized by this article, and it has been determined to empower the State Board for Technical and Comprehensive Education acting for such institutions to provide such facilities and improvements through the procedures provided for in this article.
SECTION 59-53-151. Definitions.
As used in this article:
(1) "Board" shall mean the State Board for Technical and Comprehensive Education.
(2) "Bonds" shall mean the special obligation bonds of the particular technical education college or center for whom bonds are issued.
(3) "Bond reserve fund" shall mean each special fund to be established which shall be in the custody of the State Treasurer and which is primarily established for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds issued for any college in the event that payments otherwise required for the debt service fund shall be insufficient to meet the payment of such principal and interest as and when they become due and payable. Moneys in the bond reserve fund may also be used to pay costs of plant improvements for such college in accordance with the provisions of Section 59-53-164 of this article.
(4) "College" shall mean each of the technical education colleges or centers.
(5) "Debt service fund" shall mean each fund to be established for the payment of the principal of and interest on the bonds issued for any college.
(6) "Plant improvements" shall mean the construction of and improvements to the buildings and equipment constituting facilities for any college.
(7) "Special student fee" shall mean the fee authorized to be established by the board at any college to provide funds for the repayment of bonds issued for such college.
(8) "State board" shall mean the State Budget and Control Board.
SECTION 59-53-152. Board may construct or acquire plant improvements.
The board may construct or acquire plant improvements at any college, and thereafter utilize, operate and maintain them, if such undertakings have received the prior approval of the state board.
SECTION 59-53-153. Bond issues.
The board may issue bonds of any college payable from the special student fee imposed at such college in such amounts as may from time to time be determined by the board to be necessary to meet the cost of plant improvements at such college but only under the following conditions:
(1) The approval of the state board, expressed by resolution duly adopted, shall be obtained. Such approval is hereby declared a condition precedent to the issuance of bonds pursuant to this article, and no bonds shall be issued without such approval.
(2) Notwithstanding any other provisions of this article, there must not be outstanding at any time bonds issued pursuant to this section for any college in excess of four million dollars.
(3) No bonds may be issued unless there is on deposit in the bond reserve fund for such college a sum equal to the lesser of (a) ten percent of the principal of all bonds then outstanding, or (b) the maximum reserve prescribed by the applicable regulations of the United States Treasury Department relating to arbitrage bonds.
SECTION 59-53-154. Bond issues; full faith and credit of State shall not be pledged.
The faith and credit of the State shall not be pledged for the payment of the principal and interest of any bonds issued pursuant to this article and there shall be on the face of each bond a statement plainly worded to that effect. Neither the members of the board nor any other person executing the bonds shall be personally liable thereon.
SECTION 59-53-155. Bond issues; resolutions by board; limitations.
In order to utilize the authorizations of this article, the board on behalf of any college may adopt resolutions providing for the issuance of bonds for the college within the limitations herein mentioned, and by such resolution shall prescribe the tenor, terms and conditions of the bonds and the obligations of the college incurred in connection with their issuance. The bonds for any college may be issued either as a single issue or from time to time as several separate issues. In the event that the bonds for any college shall be issued as two or more issues, then notwithstanding, all bonds for such college shall be on a parity in all respects inter sese and shall be equally and ratably entitled to payment from the special student fee imposed at the college; provided, that in instances where an area commission is in charge of the operations of any college, the approval of the area commission to the action of the board authorized by this section shall be first obtained.
SECTION 59-53-156. Bond issues; maturing provisions; interest; redemption.
The bonds shall be issued as serial bonds, maturing in equal or unequal amounts, at such time and on such occasions and shall be in such denominations as the board shall determine; provided, that the last maturing bonds of any issued shall be expressed to mature not later than forty years from their date, and the first maturing bonds of any issue shall fall due not later than three years from their date. The bonds shall bear such rate or rates of interest within the limitation of Section 11-9-350 of the 1976 Code, payable on such occasions as the board shall prescribe, and shall be payable in such medium of payment and at such place as such resolutions shall prescribe. Any bonds may be issued with provisions permitting their redemption prior to their stated maturity, at such time and under such conditions as the board shall prescribe. Bonds made subject to redemption prior to their stated maturities may contain a provision requiring the payment of a premium for the privilege of exercising the right of redemption, within such limitations as the board shall prescribe. All bonds that are subject to redemption shall contain a statement to that effect on the face of each bond. Any resolution authorizing redeemable bonds shall contain provisions specifying the manner of call and the notice thereof that must be given.
SECTION 59-53-157. Bond issues; negotiable coupon bonds or fully registered bonds.
The bonds may be in the form of negotiable coupon bonds, payable to bearer, with the privilege to the holder of having them registered as to principal on registry books kept for the college by the State Treasurer, and the principal thus made payable to the registered holder, unless the last registered transfer shall have been to bearer, upon such conditions as the board shall prescribe, or the bonds may be issued as fully registered bonds in such form as may be prescribed by the board. If issued as fully registered bonds, it may be provided that they may thereafter be converted into negotiable coupon bonds of the tenor first above described.
SECTION 59-53-158. Bond issues; tax-exempt status.
The bonds and all interest to become due thereon shall have the tax-exempt status prescribed by Section 12-1-60 of the 1976 Code.
SECTION 59-53-159. Bond issues; executors, administrators and the like.
It shall be lawful for all executors, administrators, guardians and fiduciaries to invest any moneys in their hands in bonds.
SECTION 59-53-160. Bond issues; executed in name of subject college.
The bonds, and the coupons, if any, attached to the bonds, shall be executed in the name of the college for whom the bonds are issued in such manner and by such person as the board shall from time to time determine, and the seal of the board shall be reproduced, affixed to or impressed on each bond. Any coupons attached to the bonds shall be authenticated by the facsimile signatures of one or more of the persons signing the bonds. The delivery of the bonds and coupons so executed shall be valid notwithstanding changes in officers or seal occurring after such execution and prior to the delivery thereof.
SECTION 59-53-161. Bond issues; disposal of bonds.
All bonds shall be disposed of in such manner as the board shall determine, except that no sale, privately negotiated without public advertisement, shall be made unless the approval of the state board shall be obtained. If the board shall elect to sell the bonds at public sale, at lease one advertisement thereof shall appear either in a financial paper published in New York City, or some newspaper of general circulation in South Carolina, not less than seven days prior to the occasion fixed for the opening of bids.
SECTION 59-53-162. Proceeds of bonds.
The proceeds of all bonds shall be delivered to the State Treasurer and retained by him in a special fund or funds and applied solely to the purposes for which the bonds shall have been issued. Withdrawals from the fund shall be made on the order or requisition of the board and shall be in such form as the State Treasurer shall prescribe. The State Treasurer may make temporary investments of funds derived from the proceeds of bonds in the manner prescribed by law.
SECTION 59-53-163. Bond reserve fund and student fee.
To the end that provision be made for the adequate payment of the principal of and interest on the bonds, the board shall be empowered as follows:
(1) To immediately establish a bond reserve fund for the college for whom bonds are to be issued.
(2) To impose a special student fee, in addition to all other fees and charges, upon each person at such college under such conditions as the board shall determine.
SECTION 59-53-164. When student fee is payable; payment of costs from reserve fund.
Each special student fee shall be in such amount and shall be payable on such occasions as shall be provided by the schedule or schedules which shall from time to time be promulgated by the board, which is authorized to revise any such schedule from time to time when required by the provisions of this article by any resolution of the board authorizing the issuance of any bonds.
A special student fee at any college may, in the discretion of the board, be made effective as of July 1, 1978, notwithstanding that bonds authorized by this article may not be issued for the college until some subsequent date. All moneys received therefrom prior to the issuance of the bonds shall be deposited in the bond reserve fund for the college.
Prior to the issuance of any bonds, moneys in the bond reserve fund may be used to pay costs incurred or to be incurred in connection with any plant improvements which may be acquired by the board in accordance with the provisions of Section 59-53-152 and the State Treasurer may honor requisitions of the board drawn for such purposes. Subsequent to the issuance of any bonds pursuant to this article, moneys in the bond reserve fund shall be used only to meet the payment of the principal of and interest on the bonds, except that if accumulations of the bond reserve fund shall become greater than the amount prescribed by the board in the resolution adopted pursuant to 59-53-155, such excess moneys may with the permission of the state board be applied to additional plant improvements.
SECTION 59-53-165. Board's power regarding resolutions authorizing bond issues.
In the resolutions authorizing the issuance of bonds for any college, the board shall be empowered as follows:
(1) To covenant that the bond reserve fund for such college shall be maintained throughout the life of the bonds.
(2) To covenant and agree throughout the life of any bonds issued pursuant to this article that the special student fee for such college shall be imposed, maintained and revised when necessary, in such amount, without limitation as to rate, as shall be sufficient to meet the payment of the principal and interest of the bonds as they become due and to maintain the bond reserve fund to the extent provided for therein.
(3) To establish the debt service fund which shall be maintained in the hands of the State Treasurer.
(4) To covenant that all revenues derived from the special student fee shall be paid into the bond reserve fund or the debt service fund.
(5) To establish appropriate rules requiring the prompt payment of the special student fee.
(6) To covenant as to the use of the proceeds of the sale of the bonds.
(7) To provide for the terms, forms, registration, exchange, execution and authentication of bonds and for the replacement of lost, destroyed or mutilated bonds.
(8) To covenant for the mandatory redemption of bonds on such terms and conditions as the resolutions authorizing the bonds may prescribe.
(9) To prescribe the procedure by which the terms of the contract with the bondholders may be amended, the number of bonds whose holders must consent thereto and the manner in which the consent shall be given.
(10) To covenant to insure any plant improvements paid for with the proceeds of the bonds against loss by fire, or other casualty.
(11) To prescribe the events of default and the terms and conditions upon which all or any bonds shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived.
(12) To reserve the right to issue additional bonds, payable from the special student fee to the extent to which the board may hereafter become authorized to issue additional bonds, either pursuant to this section or pursuant to other legislation hereafter enacted, and to prescribe the conditions under which such bonds may be issued.
(13) To make such further covenants and agreements as may be necessary or desirable in order to market the bonds.
SECTION 59-53-166. State Treasurer may accept custody of receipts from special student fee.
The State Treasurer may accept custody of receipts and revenues derived from any special student fee, to deposit them in the applicable debt service fund and in the applicable bond reserve fund and to utilize the proceeds of the debt service fund and the bond reserve fund for the payment of the principal of and interest on bonds, as and when they become due and payable. It shall be the duty of the board to make provision for the transmission of the proceeds of each special student fee to the State Treasurer. Moneys in the debt service fund and the bond reserve fund may be invested and reinvested in obligations of the United States or any agency thereof with maturities consonant with the need for funds to meet the payment of the principal of and interest on the bonds.
SECTION 59-53-167. Article not intended to limit any college.
It is not intended by this article to limit any college in the construction of the plant improvements to the sums herein provided. If the college obtains funds from other sources for such purpose it may apply them to the plant improvements.
ARTICLE 3.
TRI-COUNTY TECHNICAL COLLEGE COMMISSION
SECTION 59-53-210. Creation of District; Commission.
There is created the Tri-County Technical College District, consisting of the counties of Anderson, Oconee, and Pickens, controlled and managed by a commission known as the Tri-County Technical College Commission.
SECTION 59-53-220. Members of Commission; terms.
The Commission shall consist of nine members, three from each county, to be elected by a majority of the legislative delegations of the respective counties, including the Senators. The term for one member from each county shall expire on April 1, 1963, the term for one member from each county shall expire on April 1, 1964, and the term for one member from each county shall expire on April 1, 1965. The successors of the original members shall serve for terms of three years or until their successors have been elected and qualified.
SECTION 59-53-230. Officers of Commission; conduct of business.
The Commission shall elect from its number a chairman and such other officers as may be deemed expedient, and shall make such rules and regulations for the conduct of its business as are not contrary to law.
SECTION 59-53-240. Technical college.
The commission shall provide for the creation, maintenance, and operation of a technical college to be located in one of the three counties as the commission designates, and there must be developed and carried out at the college a program of adult pre-employment, adult extension, and high school pre-employment training for residents of the district and other persons the commission designates upon the terms the commission requires.
SECTION 59-53-250. Cost of operation and maintenance of center.
All expenses of original cost and cost of operation and maintenance of the center, and expenses of the Commission, shall be borne by the three counties as follows: Anderson County, fifty per cent; Oconee County, twenty-five per cent; and Pickens County, twenty-five per cent.
SECTION 59-53-260. Disposition of center.
The center, including the real property, shall not be disposed of except upon approval of a majority of the delegations of all three counties, including the Senators.
SECTION 59-53-270. Powers of Commission.
The Commission is vested with authority to:
(1) Employ personnel;
(2) Accept and administer funds or equipment from other governmental agencies, individuals, or corporations;
(3) Enter into such contracts as may be necessary to carry out the purposes of the center;
(4) Acquire, own, and sell property, real and personal.
SECTION 59-53-280. Audit.
The Commission shall furnish to the members of the three legislative delegations who provide county funds an annual audit of the receipts and expenditures of the center.
SECTION 59-53-290. Tri-County Technical College Area Commission ground lease agreements.
(A) The Area Commission of Tri-County Technical College, with the approval of the State Budget and Control Board, may enter into one or more ground lease agreements with a private entity in which the private entity provides all services necessary for the creation and operation of an on-campus facility, the purpose of which must be determined by the commission including, but not limited to, financing, designing, constructing, managing, operating, maintaining, and related services. Upon expiration of the ground lease agreement term, the private entity shall surrender to the college the premises with the existing buildings, other structures, and improvements constructed and located on the premises, in the same condition as when the construction of the buildings, other structures, and improvements were completed, with only natural and normal wear and tear excepted. The State Budget and Control Board shall first approve all ground lease agreement terms and conditions including the consideration involved. The full faith and credit of the State toward the lease obligations may not be pledged, and a statement to the contrary is deemed null and void as a matter of public policy. The approval required is in lieu of or a substitute for other approval required by another provision of law or regulation in connection with the undertaking of the private entity and the college; however, the private entity and the college shall adhere to fire, life, and safety codes as required by the Office of the State Engineer.
(B) The Area Commission of Tri-County Technical College, upon the approval of the State Budget and Control Board, may enter into a lease or lease purchase agreement with a private entity for the entity to occupy a college facility or a facility to be built by the college on college property for the purpose of conducting an entrepreneurial or commercial activity.
(C) The Area Commission of Tri-County Technical College, upon approval of the State Budget and Control Board, may enter into a ground lease with a private entity for the private entity to build a facility on property of the college in which the private entity will conduct an entrepreneurial or commercial activity consistent with the scope and mission of the college.
(D) In implementing the provisions of subsections (B) and (C), full compliance with the provisions of Article X, Section 11 of the Constitution of this State is required.
(E) Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11.
ARTICLE 5.
TRIDENT TECHNICAL COLLEGE AREA COMMISSION
SUBARTICLE 1.
GENERAL PROVISIONS
SECTION 59-53-410. Creation of Area Commission; membership; officers; meetings; reports.
There is created the Area Commission for the Trident Technical College (the area commission). The area commission has the functions and duties set forth in this article. The area commission is comprised of nine members, three of whom must be qualified electors of Berkeley, Charleston, and Dorchester Counties, respectively. The members from Charleston County must be appointed by the Governor upon the recommendation of a majority of the Charleston County Legislative Delegation. The members from Dorchester County must be appointed by the Governor on the recommendation of the governing body of the county. The members from Berkeley County must be appointed by the Governor upon the recommendation of a majority of the Berkeley County Legislative Delegation. Members shall serve for terms of three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The area commission shall organize by electing a chairman and other officers as it considers necessary. The area commission shall meet upon the call of the chairman or a majority of its members. It shall make periodic reports of its activities and progress to the legislative delegation from the counties of Berkeley, Charleston, and Dorchester.
SECTION 59-53-420. Powers of Area Commission.
There is hereby committed to the Area Commission the function of promoting the program contemplated by the former provisions which created the Advisory Committee for Technical Training, in and for the counties of Berkeley, Charleston and Dorchester, and without in any way limiting the generality of the foregoing it shall be empowered as follows:
(1) To adopt and use a corporate seal.
(2) To adopt such bylaws, rules and regulations for the conduct of business and the expenditure of its funds as it may deem advisable.
(3) To acquire an appropriate site and to construct and equip thereon appropriate facilities, in accordance with standards and specifications contemplated by the former provisions which created the Advisory Committee for Technical Training.
(4) To acquire by gift, or purchase, or otherwise, all kinds and descriptions of real and personal property.
(5) To accept gifts, grants, donations, devises and bequests.
(6) To provide appropriate supervision of the maintenance of any facility established to promote vocational or technical education.
(7) To provide the necessary administrative services required by the State program.
(8) To employ such personnel as may be necessary to enable the Area Commission to fulfill its functions.
(9) To establish, promulgate and enforce reasonable rules and regulations, in conjunction with those promulgated by the State agency, for the operation of its facilities.
(10) To operate its affairs on a fiscal year beginning on July first in each year and ending on June thirtieth of the succeeding calendar year.
(11) To expend any funds received in any manner consistent with their approved budget, including the proceeds derived from any bonds issued by Berkeley, Charleston and Dorchester Counties to defray any costs incident to the establishment of adequate facilities for the program, and thereafter to expend such funds for the operation, maintenance and improvement of the facilities.
(12) To apply for, receive, and expend moneys from all governmental agencies, both State and Federal.
(13) To exercise all powers contemplated for local agencies by the former provisions which created the Advisory Committee for Technical Training.
(14) To exercise the power of eminent domain in the manner provided by the general laws of this State for procedure by any county, municipality or authority organized under the laws of this State, by the Department of Transportation, by railroad corporations or in any manner provided by law, as the council may, in its discretion, elect, including the procedure provided by Chapter 5, Title 28 (Sections 28-5-10 to 28-5-390).
SECTION 59-53-425. Repealed by 2005 Act No. 143, Section 5, eff June 7, 2005.
SECTION 59-53-430. Accounts of Area Commission; audits.
The Area Commission shall at all times keep full and accurate accounts of its acts and of its receipts and expenditures, and at least once within four months following the close of its fiscal year, a complete audit of its affairs shall be made by a qualified public accountant. Copies of the audit shall be delivered to the legislative delegations and governing agencies of Berkeley, Charleston and Dorchester Counties.
SECTION 59-53-440. Budgets.
The Area Commission shall submit a budget for the ensuing fiscal year on or before February fifteenth of each year for approval by each of the respective legislative delegations from Berkeley, Charleston and Dorchester Counties.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
SECTION 59-53-450. "Main campus" and "enterprise campus" defined; management by Trident Technical College Enterprise Campus Authority.
(A) As used in this section, "main campus" means the commission's real property and facilities located on property currently owned in North Charleston by Trident Technical College, and "enterprise campus" means the main campus and all other real property and facilities designated by the commission. The properties designated by the commission are not required to be contiguous with the main campus to be designated as part of the enterprise campus.
(B) The commission may provide for the management, development, and operation of part or all of its main campus property by the Trident Technical College Enterprise Campus Authority.
(C) The commission may enter into contracts with the Trident Technical College Enterprise Campus Authority for the provision of executive and administrative services to the authority.
(D) In the fulfillment of the power contained in this section, the commission may sell, convey, lease, exchange, transfer, or give all or part of its real and personal property and other assets constituting the enterprise campus to the Trident Technical College Enterprise Campus Authority upon terms and conditions the commission determines.
SUBARTICLE 3.
TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY ACT
SECTION 59-53-460. Citation of subarticle.
This subarticle may be cited as the Trident Technical College Enterprise Campus Authority Act.
SECTION 59-53-465. Definitions.
As used in this subarticle:
(1) "Authority" means the Trident Technical College Enterprise Campus Authority.
(2) "Board" means the governing body of the authority.
(3) "Commission" means the Trident Technical College Area Commission.
(4) "Enterprise Campus" means the real and personal property subject to the management and control of the authority. The enterprise campus may consist of one or more tracts or parcels of real property and none of the tracts or parcels is required to be contiguous with other properties constituting the enterprise campus.
SECTION 59-53-470. Trident Technical College Enterprise Authority created; governance.
(A) There is created a body politic and corporate known as the Trident Technical College Enterprise Campus Authority. The authority is declared to be a public instrumentality of the State and the exercise by it of a power conferred in this subarticle is the performance of an essential public function. The authority is governed by a board, which consists of members of the commission. All members serve ex officio. Persons serving as chairman, vice-chairman, treasurer, and secretary of the commission shall serve in the same capacity on the board. The members of the board shall receive per diem as provided by law for members of boards, commissions, and committees and actual expenses incurred in the performance of their duties.
(B) The board shall exercise the powers of the authority.
(C) The purpose of the authority is to provide for the management, development, and operation of the enterprise campus.
SECTION 59-53-475. Board powers.
(A) In addition to the powers contained elsewhere in this subarticle, the board has all power necessary, useful, or appropriate to operate and administer the authority, to effectuate the purposes of the authority, and to perform its other functions including, but not limited to, the power to:
(1) have perpetual succession;
(2) sue and be sued in its own name;
(3) adopt, amend, and repeal bylaws, not inconsistent with provisions in this subarticle for the administration of the authority's affairs and the implementation of its functions;
(4) have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the authority;
(5) make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions;
(6) buy, purchase, or otherwise acquire real and personal property and other assets and sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or part of its real and personal property and other assets, upon terms and conditions the board determines;
(7) employ agents, advisors, consultants, engineers, architects, attorneys, accountants, construction and financial experts, land planners, superintendents, managers, and other employees and agents as necessary in the board's judgment in connection with any aspect of the enterprise campus and to determine their duties and to fix their compensation;
(8) procure insurance against loss in connection with its property, assets, or activities, including insurance against liability for its acts or the acts of its employees or agents;
(9) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from public or private entities, including any department, agency, or instrumentality of the United States or the State of South Carolina, for the payment of bonds issued by it, including the power to pay premiums or fees on insurance, guarantees, letters of credit, and other forms of collateral or security or credit support;
(10) receive, accept, and expend from any source including any federal, state, or other public agency and any private agency, person, or other entity appropriated funds, donations, loans, grants, aid, or contributions of money, property, labor, or other things of value;
(11) invest or reinvest its funds as provided in Section 11-9-660;
(12) make contracts and guarantees, incur liabilities, issue its notes, bonds, and other obligations, and secure its obligations by mortgage or pledge of its property or income in a manner determined to be in the best interest of the authority. Any guarantee or indebtedness of the authority does not create an obligation of the State or commission, and the guarantee or indebtedness is not a debt against the general revenue of the State or commission;
(13) fix and revise when necessary and charge and collect rates, fees, rents, and charges for the use of, and for the services furnished by it, for all or a portion of the enterprise campus;
(14) determine the character of the enterprise campus, and acquire, develop, construct, and provide for the enterprise campus, and maintain, repair, and operate, and enter into contracts for the management, lease, use, or operation of all or a portion of the enterprise campus;
(15) establish and enforce, and agree through a resolution or trust agreement authorizing or securing bonds, notes, or other obligations or indebtedness of the authority to make and enforce rules and regulations for the use of and services rendered by the authority for the enterprise campus;
(16) appoint and provide for advisory committees;
(17) establish not-for-profit corporations in accordance with applicable corporate law and with the powers as provided by the applicable corporate law; and
(18) do all other things necessary or convenient to exercise the powers granted or reasonably implied by this subarticle.
(B) The powers contained in this subarticle include the power to enter into contracts and other agreements with public or private entities for the lease of authority property, the construction, occupancy, use, and ownership by the public or private entity of buildings or other facilities on authority property, and the conveyance of the public or private entity's property to the authority at the end of an applicable contract or agreement. The description of the type of contract or other agreement as contained in this subarticle is not a limitation on the authority to enter into contracts or other agreements with public or private entities.
SECTION 59-53-480. Exemptions from statutory bonding, leasing, procurement, and disposition of surplus property requirements; adoption of procurement policy.
(A) The authority and its permanent improvements and the financing of them are exempt from the provisions of Chapter 47 of Title 2, and the leasing of property and the granting of easements and rights-of- way by the authority are exempt from the provisions of Sections 1-11-55, 1-11-56, 1-11-57(1), and 10-1-130.
(B) For all matters associated with the enterprise campus, the authority is exempt from the South Carolina Consolidated Procurement Code; except that, the authority shall adopt a procurement policy requiring competitive solicitations, and the policy must be filed with and approved by the State Budget and Control Board. The policy must include provisions for audit and recertification.
(C) The authority is exempt from all regulations and general laws governing disposal of surplus government property.
SECTION 59-53-485. Issuance of bonds.
(A) The authority may issue bonds in the same manner and for the same purposes, including the purposes of the authority, pursuant to the provisions of the Higher Education Revenue Bond Act, as provided in Chapter 147, Title 59.
(B) The issuance by the authority of bonds, notes, or other obligations or indebtedness is subject to the approval of them by resolution of the State Budget and Control Board.
(C) Bonds, notes, or other obligations or indebtedness of the authority are not a debt or a pledge of the faith and credit of the State of South Carolina, the commission, or of the state's political subdivisions other than the authority, and are payable only from the revenue, money, or property of the authority as provided in this subarticle. The bonds, notes, or other obligations or indebtedness of the authority are not an indebtedness of the State within the meaning of a state constitutional or statutory limitation. A member of the board or a person executing bonds, notes, or other obligations or indebtedness of the authority is not liable personally on the bonds, notes, or other obligations or indebtedness by reason of their issuance or execution. Each bond, note, or other obligation or indebtedness must contain on its face a statement to the effect that:
(1) neither the State, the commission, the state's political subdivisions, nor the authority is obligated to pay the principal of or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the authority pledged;
(2) neither the full faith and credit, nor the taxing power of the State, or its political subdivisions, is pledged to the payment of the principal of or interest on the bond, note, or other obligation or indebtedness; and
(3) the authority does not have taxing power.
SECTION 59-53-490. Reports on development and use of enterprise campus.
The authority shall submit an annual report on the development and use of the enterprise campus to the State Board for Technical and Comprehensive Education, the Governor, the State Budget and Control Board, the Chair of the Ways and Means Committee of the House of Representatives, and the Chair of the Finance Committee of the Senate. The report must be submitted not later than six months after the end of each fiscal year.
SECTION 59-53-500. Tax exemption; interest on bonds.
In performing an essential governmental function in the exercise of the powers conferred upon it, the authority is not required to pay taxes or assessments upon property or upon its activities or operations or the income from them, or taxes or assessments upon property acquired or used by the authority or upon the income from them. Bonds, notes, or other obligations or indebtedness issued by the authority, and the income from them, are free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.
ARTICLE 7.
NORTHEAST TECHNICAL COLLEGE AREA COMMISSION
SECTION 59-53-510. Creation of Commission; membership.
There is created the Northeastern Technical College Area Commission which is a body politic and corporate and the governing body of the Northeastern Technical College. The commission consists of twelve members, three of whom must be qualified electors of Chesterfield County, three of whom must be qualified electors of Marlboro County, and three of whom must be qualified electors of Dillon County. These nine members must be appointed by the Governor upon the recommendation of a majority of the legislative delegation from the county in which the appointee is a resident for terms of three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. The superintendents of education from Chesterfield, Dillon, and Marlboro Counties are ex officio members of the commission. One of the superintendents of the three school districts of Dillon County shall serve as a member ex officio for a term of two years on a rotating basis.
SECTION 59-53-515. Superintendents of school districts of Dillon County to serve rotating terms as member of commission.
The superintendent of Dillon County School District 2 is the first to serve on the Northeastern Technical College Area Commission, followed by the superintendent of Dillon County School District 1 and School District 3, in that order. If a superintendent is unable or chooses not to serve, the term rotates to the next superintendent in order.
SECTION 59-53-520. Administration of program of vocational and technical education.
The commission shall constitute the administrative agency to administer the program of vocational and technical education in Chesterfield, Dillon, and Marlboro Counties under the former provisions which created the Advisory Committee for Technical Training.
SECTION 59-53-530. Powers and duties of commission.
The commission may do all things necessary or convenient to promote the objects of the program instituted by the former provisions which created the Advisory Committee for Technical Training and without in any way limiting the generality of the foregoing, may:
(1) adopt and use a corporate seal;
(2) adopt bylaws, rules, and regulations for the conduct of business and the expenditure of its funds as it may consider advisable;
(3) acquire additional sites within Chesterfield, Dillon, and Marlboro Counties and construct and equip on the sites appropriate facilities in accordance with the standards and specifications promulgated by former provisions which created the State Advisory Committee;
(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 a facility established to promote vocational or technical education;
(7) provide the necessary administrative services required by the state program;
(8) employ personnel as necessary to enable the commission to fulfill its functions;
(9) establish, promulgate, and enforce reasonable rules and regulations, in conjunction with those promulgated by the state agency, for the operation of its facilities;
(10) expend funds received in any manner, including the proceeds derived from bonds issued either by Chesterfield County, Dillon County, or Marlboro County, to defray costs incident to the establishment of adequate facilities for the program and expend these funds for the operation, maintenance, and improvem