S*0365(Rat #0210, Act #0137 of 1995)  General Bill, By Setzler, Cork, Courson, 
Lander, Leventis, Moore and H.S. Stilwell

Similar(H 3915)
 A Bill to amend Section 59-103-10, Code of Laws of South Carolina, 1976,
 relating to the State Commission on Higher Education, so as to revise the
 membership of the Commission and the manner in which the Chairman is selected;
 to add Section 59-103-45, so as to provide that the Commission on Higher
 Education shall establish procedures for the transferability of courses at the
 undergraduate level between two-year and four-year institutions or schools
 coordinate with the State Board of Education in the approval of certain
 secondary education courses, and review minimum undergraduate admission
 standards for in-state and out-of-state students; to amend Section 59-103-60,
 relating to recommendations of the Commission on Higher Education to the
 Budget and Control Board and the General Assembly, so as to include the
 Governor's Office as a recipient of such recommendations and delete the Budget
 and Control Board and provide that the House Ways and Means Committee and the
 Senate Finance Committee as well as the Budget and Control Board may refer to
 the Commission certain requests of institutions of higher learning; and to
 amend Section 59-103-90, relating to the professional staff of the Commission,
 so as to provide that the Executive Director shall be appointed by the
 Commission to manage and carry out specified duties, shall have no grievance
 rights, and may be dismissed without cause, and to provide that the other
 professional staff complement of the Commission shall be established by the
 Executive Director rather than Commission; and to create a joint legislative
 committee to study the governance, operation, and institutional structure of
 higher education in South Carolina, and shall issue its report by February 1,
 1996, which shall serve as the decennial report of the Commission on Higher
 Education.-amended title

   01/17/95  Senate Introduced and read first time SJ-10
   01/17/95  Senate Referred to Committee on Education SJ-10
   05/31/95  House  Free conference powers rejected HJ-145
   02/15/95  Senate Committee report: Favorable Education SJ-13
   02/16/95  Senate Special order SJ-19
   02/21/95  Senate Read second time SJ-13
   02/21/95  Senate Ordered to third reading with notice of
                     amendments SJ-13
   02/28/95  Senate Special order SJ-22
   03/02/95  Senate Debate adjourned SJ-19
   03/08/95  Senate Amended SJ-22
   03/08/95  Senate Read third time and sent to House SJ-22
   03/09/95  House  Introduced and read first time HJ-11
   03/09/95  House  Referred to Committee on Education and Public
                     Works HJ-12
   04/11/95  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-2
   04/19/95  House  Objection by Rep. Townsend, Cooper, Sharpe,
                     Cobb-Hunter, Kirsh, Rogers, Moody-Lawrence,
                     Davenport, Elliott, Huff, R. Smith & Wells HJ-25
   05/09/95  House  Amended HJ-202
   05/09/95  House  Read second time HJ-208
   05/09/95  House  Roll call Yeas-102  Nays-0 HJ-208
   05/10/95  House  Read third time and returned to Senate with
                     amendments HJ-87
   05/18/95  Senate House amendment amended SJ-49
   05/18/95  Senate Returned to House with amendments SJ-49
   05/23/95  House  Non-concurrence in Senate amendment HJ-157
   05/24/95  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Bryan, Setzler,
                     Stilwell SJ-6
   05/24/95  House  Conference committee appointed Reps. Townsend,
                     Allison & Wright HJ-75
   05/30/95  Senate Free conference powers granted SJ-12
   05/30/95  Senate Free conference committee appointed Sens.
                     Setzler, Bryan, Stilwell SJ-12
   05/30/95  Senate Free conference report received and adopted SJ-12
   05/30/95  House  Free conference powers rejected HJ-132
   05/31/95  House  Free conference powers rejected HJ-145
   06/12/95  House  Free conference powers granted HJ-15
   06/12/95  House  Free conference committee appointed Reps.
                     Townsend, Allison & Wright HJ-18
   06/12/95  House  Free conference report received and adopted HJ-18
   06/12/95  House  Ordered enrolled for ratification HJ-24
   06/13/95         Ratified R 210
   06/28/95         Signed By Governor
   06/28/95         Effective date 06/28/95
   08/18/95         Copies available
   08/18/95         Act No. 137

AN ACT TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF COURSES AT THE UNDERGRADUATE LEVEL BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS OR SCHOOLS, COORDINATE WITH THE STATE BOARD OF EDUCATION IN THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW MINIMUM UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO MANAGE AND CARRY OUT SPECIFIED DUTIES, SHALL HAVE NO GRIEVANCE RIGHTS, AND MAY BE DISMISSED WITHOUT CAUSE, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND INSTITUTIONAL STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA, AND SHALL ISSUE ITS REPORT BY FEBRUARY 1, 1996, WHICH SHALL SERVE AS THE DECENNIAL REPORT OF THE COMMISSION ON HIGHER EDUCATION.

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

Membership revised; chairman selection revised

SECTION 1. Section 59-103-10 of the 1976 Code is amended to read:

"Section 59-103-10. There is created the State Commission on Higher Education. The commission shall consist of fourteen members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three members appointed from the State at-large, three representatives of the public colleges and universities, and one representative of the independent colleges and universities of South Carolina.

The membership of the Commission on Higher Education must be as follows:

(1) Nine members, six to represent each of the congressional districts of this State appointed by the Governor upon the recommendation of the majority of the legislative delegation members from the district and three members appointed from the State at-large upon the advice and consent of the Senate. Each representative of a congressional district must be a resident of the congressional district they represent. In order to qualify for appointment, the representatives from the congressional districts and those appointed at large must have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy. A member representing the congressional districts or appointed at large must not have been, during the succeeding five years, a member of a governing body of a public institution of higher learning in this State and must not be employed or have immediate family members employed by any of the public colleges and universities of this State. These members must be appointed for terms of four years and shall not serve on the commission for more than two consecutive terms. However, the initial term of office for a member appointed from an even-numbered congressional district shall be two years.

If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district.

(2) Three members to serve ex officio to represent the public colleges and universities appointed by the Governor with the advice and consent of the Senate. It shall not be a conflict of interest for any voting ex officio member to vote on matters pertaining to their individual college or university. One member must be serving on the board of trustees of one of the public senior research institutions, one member must be serving on the board of trustees of one of the four-year public institutions of higher learning, and one member must be a member of one of the local area technical education commissions or the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive Education. These members must be appointed to serve terms of two years with terms to rotate among the institutions.

(3) One ex officio member to represent the independent colleges and universities by the Governor upon the advice and consent of the Senate. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years and shall serve as a nonvoting member.

(4) One at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. This member must be appointed for a term of four years and may be reappointed for one additional term, however, he may serve only one term as chairman.

The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. All members of the commission shall serve until their successors are appointed and qualify."

Duties and functions added

SECTION 2. The 1976 Code is amended by adding:

"Section 59-103-45. In addition to the powers, duties, and functions of the Commission on Higher Education as provided by law, the commission, notwithstanding any other provision of law to the contrary, shall have the following additional duties and functions with regard to the various public institutions of higher education:

(1) establish procedures for the transferability of courses at the undergraduate level between two-year and four-year institutions or schools;

(2) coordinate with the State Board of Education in the approval of secondary education courses for the purpose of determining minimum college entrance requirements; and

(3) review minimum undergraduate admissions standards for in-state and out-of-state students."

Recommendation and reference procedures revised

SECTION 3. Section 59-103-60 of the 1976 Code is amended to read:

"Section 59-103-60. The commission shall make such recommendations to the Governor's Office and the General Assembly as to policies, programs, curricula, facilities, administration, and financing of all state-supported institutions of higher learning as may be considered desirable. The House Ways and Means Committee, the Senate Finance Committee, and the State Budget and Control Board may refer to the commission for investigation, study and report any requests of institutions of higher learning for new or additional appropriations for operating and for other purposes and for the establishment of new or expanded programs."

Appointment of Executive Director and staff; terms of employment

SECTION 4. Section 59-103-90 of the 1976 Code is amended to read:

"Section 59-103-90. An executive director must be appointed by the commission to manage and carry out the duties of the commission as prescribed by law and assigned by the commission. The executive director is not subject to the State Employee Grievance Procedure Act of 1982 and may be dismissed without cause.

A professional staff complement shall be established by the executive director who shall ensure that there are persons on the staff who have the professional competence and experience to carry out the duties assigned and to ensure that there are persons on the staff who are familiar with the problems and capabilities of all of the principal types of state-supported institutions in the State. Provision shall be made for persons of high competence and strong professional experience in the areas of academic affairs, public service and extension programs, business and financial affairs, institutional studies and long-range planning, student affairs, research and development, legal affairs, health affairs, institutional development, and for state and federal programs administered by the commission. The hiring of additional staff members to any position for which funds were not specifically appropriated by the General Assembly shall require prior approval by the General Assembly."

Joint legislative committee established

SECTION 5. A joint legislative committee to study the governance and operation of higher education in South Carolina and the institutional structures of higher education is established as follows:

(1) Four members of the committee shall be appointed by the Speaker of the House of Representatives from that body and four members shall be appointed by the President Pro Tempore of the Senate from that body. At least one member of the committee appointed by the Speaker of the House from that body and at least one member of the committee appointed by the President Pro Tempore of the Senate from that body shall be an African-American, and at least one other member of the committee appointed by the Speaker of the House from that body and the President Pro Tempore of the Senate from that body must be a female. Four members of the committee must be appointed by the Governor, two of whom must represent the business community, one of whom must be an institutional trustee elected by the General Assembly, and one who must be a member of the Commission on Higher Education. A chairman shall be elected from among the membership of the committee. The committee shall be convened no later than July 1, 1995.

(2) The committee shall:

(a) conduct a comprehensive review of the current governance structure of higher education including statewide coordinating and oversight measures currently sustained.

(b) examine:

(i) national trends and reform efforts in higher education governance structures including the advantages and disadvantages of increasing or decreasing the oversight role of state level governance of higher education;

(ii) the lines of authority and the relationship between the respective boards of trustees and the Commission on Higher Education;

(c) investigate how higher education opportunities are currently provided to South Carolina students by examining the structures of higher education institutions at all levels;

(d) address any other matters the committee considers necessary or appropriate.

(e) solicit topics of inquiry from all public and private institutions in the State and the Commission on Higher Education.

(3) At least one staff person shall be transferred to the committee from the Legislative Audit Council and from the State Reorganization Commission for the duration of the study. The study committee shall use this staff in conjunction with other professional staff. Legislative staff of the committee shall be the lead staff and the staff transferred to the committee from the Legislative Audit Council, and the State Reorganization Commission shall support the lead legislative staff. Upon completion of the workplan of the study and if the committee determines that more staff are needed to ensure a timely report and so requests, one additional professional staff person must be transferred from the Legislative Audit Council and from the State Reorganization Commission. The Commission on Higher Education and the staff of the public institutions of higher education shall cooperate fully with the committee including providing staff support and other in-kind resources as requested by the committee.

(4) The committee shall conclude its work and issue its final report by February 1, 1996, which shall serve as the decennial report of the Commission on Higher Education. The final report shall be submitted to the House Education and Public Works Committee and the Senate Education Committee, and must be considered the first report required by the decennial section of the commission's master assessment plan, and upon submission of its final report, the committee shall be dissolved.

(5) Members of the committee shall receive the usual mileage, subsistence, and per diem paid by law to members of the General Assembly to be paid from approved accounts of both houses.

Terms of members

SECTION 6. The terms of the present members of the State Commission on Higher Education shall expire on July 1, 1996, at which time the members of the commission selected in the manner provided by this act shall take office. The present members of the commission who have not served a majority of two terms may be reappointed for one additional term.

Time effective

SECTION 7. This act takes effect upon approval by the Governor.

Approved the 28th day of June, 1995.