H*2080 Session 106 (1985-1986)
H*2080(Rat #0055, Act #0035 of 1985) General Bill, By J.G. McAbee
A Bill 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.
01/08/85 House Introduced and read first time HJ-167
01/08/85 House Referred to Committee on Ways and Means HJ-168
02/06/85 House Committee report: Favorable Ways and Means HJ-560
02/07/85 House Read second time HJ-601
02/12/85 House Read third time and sent to Senate HJ-664
02/13/85 Senate Introduced and read first time SJ-407
02/13/85 Senate Referred to Committee on Education SJ-407
03/13/85 Senate Committee report: Favorable Education SJ-843
03/19/85 Senate Read second time SJ-916
03/20/85 Senate Read third time and enrolled SJ-949
03/28/85 Ratified R 55
04/02/85 Signed By Governor
04/02/85 Effective date 04/02/85
04/02/85 Act No. 35
04/10/85 Copies available
(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. |