H 4636 Session 110 (1993-1994)
H 4636 General Bill, By Sharpe, Allison, Bailey, B.O. Baker, G. Brown, H. Brown,
Canty, Carnell, H.H. Clyborne, Cooper, R.S. Corning, Davenport, T.L. Farr,
J.G. Felder, R.C. Fulmer, Gamble, S.E. Gonzales, P.B. Harris, Harrison, Harvin,
Haskins, W.S. Houck, T.E. Huff, H.G. Hutson, Klauber, Koon, Lanford, Law,
Littlejohn, C.V. Marchbanks, J.G. McAbee, McCraw, McKay, M. McLeod,
Moody-Lawrence, Quinn, Rhoad, Riser, I.K. Rudnick, J.S. Shissias, Simrill,
R. Smith, D. Smith, J.J. Snow, Spearman, E.C. Stoddard, C.H. Stone, Stuart,
C.L. Sturkie, P.H. Thomas, J.W. Tucker, Walker, C.C. Wells, Witherspoon,
S.S. Wofford, D.A. Wright, Young-Brickell and R.M. Young
Similar(S 1053)
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.
01/27/94 House Introduced and read first time HJ-9
01/27/94 House Referred to Committee on Education and Public
Works HJ-10
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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