S 39 Session 111 (1995-1996)
S 0039 General Bill, By Courson
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 1995", 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, 1995.
09/19/94 Senate Prefiled
09/19/94 Senate Referred to Committee on Education
01/10/95 Senate Introduced and read first time SJ-21
01/10/95 Senate Referred to Committee on Education SJ-21
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 1995", 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, 1995.
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
1995'.
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, 1995, 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, 1995.
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