H*4704(Rat #0538, Act #0468 of 1996)  General Bill, By J.T. McElveen, G. Brown, 
Canty, Harvin, J.H. Neal and W.J. Young

Similar(S 1186)
 A Bill to amend Title 59, Code of Laws of South Carolina, 1976, relating to
 education, by adding Chapter 108 so as to establish the Mid-Carolina
 Commission for Higher Education and provide for the membership, functions,
 duties, and powers of the Commission, to devolve the powers and duties of the
 Sumter County Commission for Higher Education upon the Commission; and to
 repeal Act 50 of 1965 and Act 822 of 1973 relating to the Sumter County
 Commission for Higher Education.

   03/06/96  House  Introduced, read first time, placed on calendar
                     without reference HJ-4
   03/07/96  House  Read second time HJ-10
   03/07/96  House  Unanimous consent for third reading on next
                     legislative day HJ-10
   03/08/96  House  Read third time and sent to Senate HJ-1
   03/12/96  Senate Introduced and read first time SJ-9
   03/12/96  Senate Referred to Committee on Education SJ-9
   05/29/96  Senate Recalled from Committee on Education SJ-129
   05/30/96  Senate Read second time SJ-115
   06/13/96  Senate Read third time and enrolled SJ-53
   06/26/96         Ratified R 538
   08/21/96         Signed By Governor
   08/21/96         Effective date 08/21/96
   08/28/96         Copies available
   08/28/96         Act No. 468

AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.

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

Mid-Carolina Commission for Higher Education

SECTION 1. Title 59 of the 1976 Code is amended by adding:

Section 59-108-10. There is hereby created the Mid-Carolina Commission for Higher Education. This body, hereinafter called the commission, shall be composed of nine members from Sumter, Clarendon, and Lee Counties who shall be appointed by the Governor upon the recommendation of a majority of the legislative delegations of the appropriate counties as herein provided. The members shall be appointed for terms of four years each and shall serve until their successors shall have been appointed and qualify. The present members of the Sumter County Commission for Higher Education established by Act 50 of 1965 shall become the initial members of the governing board of the commission.

Upon the expiration of the terms of the two members currently serving on the Sumter County Commission for Higher Education whose terms next expire after the effective date of this chapter, one member of the commission shall be appointed by the Governor from Clarendon and Lee Counties, respectively, in this order, upon recommendation of the legislative delegation of the appropriate county.

Vacancies on the commission shall be filled in the manner of original appointment.

The members shall elect a chairperson, vice chairperson, secretary, and treasurer from among their membership and shall organize and adopt rules and procedures necessary to carry out their duties.

To facilitate its work the commission is authorized to appoint from its member counties as considered appropriate, an Educational Advisory Committee consisting of not less than ten nor more than fifteen members which shall meet and consult with the commission as may be required. All members of the Educational Advisory Committee shall serve without compensation or fees.

Section 59-108-20. The commission may meet at such times and places as to the majority of the members seems most desirable. Meetings may be called by the chairperson of the commission or on the written request and signatures of five members.

Section 59-108-30. The commission shall have as its purpose the encouragement of higher education in its member counties and, more specifically, the establishment in its member counties of facilities to offer college courses and other post-secondary courses as considered desirable.

Section 59-108-40. To carry out this purpose and objective, the commission, with the approval of a majority of its members, is empowered to enter into contracts, make binding agreements, negotiate with educators and educational institutions, and to take actions in its name as are necessary to secure for its member counties the educational facilities above described; provided, that any county represented on the commission shall not be bound nor held liable for any acts or omissions of the commission, nor by any provision of any contract or agreement, expressed or implied, except upon the written approval and consent of a majority of the governing body of that county.

Section 59-108-50. The commission shall keep accurate and detailed records of its meetings and actions and as soon after June thirtieth of each year as is feasible, shall submit a written report to the legislative delegations of the participating counties which shall include an accounting of all funds the commission may have received and disbursed in the twelve months preceding that date."

Duties and functions devolved

SECTION 2. The duties and functions of the Sumter County Commission for Higher Education are hereby devolved upon the Mid-Carolina Commission for Higher Education. All personnel, property, and funds of the Sumter County Commission for Higher Education are transferred to the commission on the effective date of this act.

Repeal

SECTION 3. Act 50 of 1965 and Act 822 of 1973 are repealed.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 21st day of August, 1996.