S 1053 Session 110 (1993-1994)
S 1053 General Bill, By Moore, Cork, Courson, Lander, Martin, McConnell, O'Dell,
L.E. Richter, M.T. Rose and M.B. Williams
Similar(H 4636)
A Bill to amend Title 59, Code of Laws of South Carolina, 1976, by adding
Chapter 106 so as to enact the "South Carolina Higher Education Coordinating
Council Act of 1994", including provisions to establish the Higher Education
Coordinating Council within the Governor's Office, to provide for its powers,
duties, and functions, to require public institutions of higher learning to
submit summary budgets to the Council and provide for the manner in which this
summary budget must be compiled and institutional fees and revenues utilized,
and to transfer to and devolve upon the Council certain duties of the State
Commission on Higher Education on July 1, 1994.
01/19/94 Senate Introduced and read first time SJ-6
01/19/94 Senate Referred to Committee on Education SJ-6
A BILL
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 106 SO AS TO ENACT THE "SOUTH
CAROLINA HIGHER EDUCATION COORDINATING COUNCIL ACT OF
1994", INCLUDING PROVISIONS TO ESTABLISH THE HIGHER
EDUCATION COORDINATING COUNCIL WITHIN THE GOVERNOR'S
OFFICE, TO PROVIDE FOR ITS POWERS, DUTIES, AND FUNCTIONS,
TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO
SUBMIT SUMMARY BUDGETS TO THE COUNCIL AND PROVIDE
FOR THE MANNER IN WHICH THIS SUMMARY BUDGET MUST BE
COMPILED AND INSTITUTIONAL FEES AND REVENUES UTILIZED,
AND TO TRANSFER TO AND DEVOLVE UPON THE COUNCIL
CERTAIN DUTIES OF THE STATE COMMISSION ON HIGHER
EDUCATION ON JULY 1, 1994.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 106
Higher Education Coordinating Council
Section 59-106-10. This chapter is known and may be cited as the
`South Carolina Higher Education Coordinating Council Act of 1994'.
Section 59-106-20. The General Assembly finds that in order to
allocate the limited tax dollars available for higher education in a much
more efficient and accountable manner, there is a need for a restructuring
of the statewide system of publicly funded institutions of higher learning
to better coordinate and streamline the existing system. The General
Assembly further finds that to achieve restructuring there must be three
overriding elements: Reform is needed to (1) enhance public
accountability, (2) improve coordination and cooperation among the
various institutions of higher education in order to eliminate duplication
and wasteful spending, and (3) create an allocation of funds that conserves
tax dollars and makes maximum use of the limited public resources. In
order to achieve these goals, the General Assembly finds that a
restructuring plan which creates broad oversight and statewide coordination
is needed and should be placed directly under the Chief Executive of this
State. This plan would follow the restructuring process initiated by the
General Assembly in 1993 and would create a streamlined, highly
accountable, and better coordinated system. In place of the Commission
on Higher Education, certain of its duties, powers, and responsibilities
would be shifted to a South Carolina Coordinating Council for Higher
Education consisting of ten members representing the institutions of
higher learning in this State, with a chairman appointed by the Governor.
This council would report directly to the Governor and would be
responsible for coordinating the missions for the institutions, eliminating
duplication, proposing budgetary matters to the Governor for the Executive
Budget, coordinating facility construction, and streamlining the governance
of all institutions of higher learning.
Section 59-106-30. As used in this chapter, unless the context clearly
indicates otherwise, the following terms mean:
(1) `public higher education' means state-supported education in the
post-secondary field, including comprehensive and technical education; and
(2) `public institution of higher learning' means any state-supported
post-secondary educational institution and includes technical and
comprehensive educational institutions.
Section 59-106-40. There is created within the Office of the Governor
the Higher Education Coordinating Council. The council consists of ten
members who shall all serve ex officio except for the chairman. Three
members must be the chairman or a board member designated by the
chairman of the respective governing bodies of the following public senior
research institutions of higher learning: Medical University of South
Carolina, Clemson University, and University of South Carolina. Three
members must be the chairman or a board member designated by the
chairman of the following four-year public institutions of higher learning:
Frances Marion University, Coastal Carolina University, Lander University,
Winthrop University, The Citadel, South Carolina State University, College
of Charleston, University of South Carolina-Spartanburg, and University of
South Carolina-Aiken. These three members of the council from the four-year public institutions of higher learning shall be selected by the chairman
of the boards of these respective institutions acting together who shall
designate by majority vote which institutions shall provide a representative
on the council. The chairman of the board or a board member designated
by that chairman of an institution selected shall then be a member of the
council representing that institution for the specified term. The terms of
these three members from these four-year public institutions of higher
learning shall be four years each, provided the first appointments shall be
for terms of two years, three years, and four years respectively as specified
when the initial appointments are made. One member of the council must
be the Chairman of the State Board for Technical and Comprehensive
Education, and two members must be members of the governing body of a
local area technical educational institution chosen by the State Board for
Technical and Comprehensive Education. One member must be a member
at-large appointed by the Governor who shall serve as chairman of the
council. The term of the at-large member must be coterminous with that
of the Governor. Vacancies must be filled in the manner of the original
appointment or selection. The Governor and the council must assure that
various economic interests and minority groups are fairly represented on
the council. Members of the council must receive the per diem,
subsistence, and travel expenses authorized by law for members of state
boards, commissions, and committees.
Section 59-106-50. The council must report to and is accountable to
the Governor. On July 1, 1994, the duties, powers, and functions of the
State Commission on Higher Education which are not inconsistent with this
chapter are transferred to the Higher Education Coordinating Council. In
addition to the these powers, duties, and functions the council also shall be
responsible for coordinating on a statewide basis all missions of
institutions of higher learning in a manner which will eliminate duplication
and provide the greatest opportunity for students in South Carolina.
Section 59-106-60. Funds for the necessary technical, administrative,
clerical, and other expenses of the council must be included in the annual
general appropriations act as part of the appropriation to the Governor's
Office. An executive director of the council shall be appointed by the
Governor upon the recommendation of the council.
Section 59-106-70. (A) All public institutions of higher learning must
submit summary budgets to the council in the manner set forth in this
section. The State Board for Technical and Comprehensive Education must
submit a summary budget to the council representing the total request of
all area-wide technical and comprehensive educational institutions. The
budget submitted by each public institution of higher learning must include
all state funds, federal grants, tuition, and fees other than funds derived
wholly from athletic or other student contests, from the activities of
student organizations, from approved private practice plans, and from the
operation of canteens and bookstores which may be retained by the
institutions and be used as determined by the respective governing boards,
subject to annual audit by the State. Fees established by the respective
governing boards for programs, activities, and projects not covered by
appropriations or other revenues may be retained and used by each
institution as previously determined by the governing boards, subject to
annual audit by the State.
(B) The council must review the summary budgets submitted by the
public institutions of higher learning. Upon review by the council, the
council must forward the summary budget along with the council's
recommendations to the Governor. The Governor must consider each
public institution of higher learning's summary budget and the council's
recommendation when the Governor is preparing the Governor's executive
budget which is submitted to the General Assembly."
SECTION 2. This act takes effect July 1, 1994.
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