Current Status Introducing Body:House Bill Number:4612 Primary Sponsor:Kirsh Committee Number:21 Type of Legislation:GB Subject:Higher Education Council Residing Body:House Current Committee:Education and Public Works Companion Bill Number:1081 Computer Document Number:GJK/20289SD.94 Introduced Date:19940126 Last History Body:House Last History Date:19940126 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Kirsh Jaskwhich Stille D. Wilder Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4612 House 19940126 Introduced, read first time, 21
referred to Committee
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TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE SOUTH CAROLINA COUNCIL ON HIGHER EDUCATION, TO PROVIDE FOR ITS ORGANIZATION, MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS INCLUDING THE AUTHORITY TO ESTABLISH MISSIONS OF INSTITUTIONS, SET INSTITUTION ADMISSION STANDARDS, SET ACCEPTABLE RANGES FOR TUITION AND FEES, APPROVE INTERNAL INSTITUTION BUDGETS, ESTABLISH PERSONNEL POLICIES, AND CONFIRM INSTITUTIONAL PRESIDENTS WITH THE POWER TO REMOVE FOR CAUSE, TO TRANSFER TO AND DEVOLVE UPON THE COUNCIL THE DUTIES AND FUNCTIONS OF THE STATE COMMISSION ON HIGHER EDUCATION ON FEBRUARY 1, 1995, AND TO REPEAL SECTION 59-103-10 OF THE 1976 CODE RELATING TO THE COMMISSION ON HIGHER EDUCATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly makes the following findings in regard to the system of higher education in South Carolina:
(1) there are thirty-three public institutions of higher education supported by state general fund revenue through formula funding, and twenty private institutions of higher education supported by state general fund revenue through the tuition grants program;
(2) almost sixteen percent of state general fund revenue is devoted to higher education;
(3) the state's public institutions of higher education employ thirty percent of all state government employees;
(4) public higher education employees receive forty percent of the state payroll;
(5) approximately three percent of the state's population is enrolled as in-state full-time equivalent students in our public higher education institutions;
(6) less than one-third of the students enrolling in the state's public four-year institutions graduate within four years and only about one-half graduate within six years.
(B) The General Assembly further believes that a number of significant problems are adversely affecting the system of higher education in our State. These problems include:
(1) the roles and missions of the institutions are not clearly defined and institutions attempt to satisfy too many constituencies;
(2) admission standards are not rigorous enough to ensure successful academic performance;
(3) present graduation and retention rates are much too low;
(4) the number of years it takes to earn a baccalaureate degree
is too long;
(5) the ability of students to transfer from two-year institutions to four-year institutions is at times difficult;
(6) too many two-year institutions have aspirations to become four-year institutions;
(7) funding is basically enrollment-driven unrelated to outcomes and quality of performance;
(8) the habit of buying out athletic contracts is too prevalent among these institutions; and
(9) the delineation of lines of authority between the respective boards of trustees and the Higher Education Commission is not clear.
(C) The General Assembly therefore declares that the purpose of this legislation is to:
(1) focus the education resources and vision of the State on the long-range solutions to problems which need addressing;
(2) foster the development of a well-planned and coordinated system of higher education;
(3) encourage the appropriate use of the state's resources to meet the educational needs of South Carolina in the twenty-first century;
(4) ensure that the public tax dollars invested in higher education are used effectively and economically;
(5) ensure that tuition and fees at public-supported colleges and universities are kept at reasonable levels with the interests of both the taxpayers and students protected in this regard; and
(6) improve the quality of higher education in South Carolina.
(D) For the above reasons, the General Assembly has determined to create a new Council on Higher Education which shall be assigned all of the responsibilities of the current Commission on Higher Education, plus the authority with regard to public institutions to:
(1) establish the missions of the various institutions;
(2) set admission standards;
(3) set acceptable ranges for tuition and fees;
(4) approve internal institutional budgets;
(5) establish personnel policies unique to higher education; and
(6) confirm institutional presidents with power to remove for cause.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-108-10. For purposes of this chapter:
(1) `public higher education' means state-supported higher education in the post-secondary field, including comprehensive and technical education;
(2) `public institution of higher learning' means any state-supported post-secondary educational institution and includes technical and comprehensive educational institutions.
Section 59-108-20. (A) There is hereby created the South Carolina Council on Higher Education. The council shall consist of twelve members appointed or selected in the manner provided in this section.
(B) Eight members must be appointed by the Governor upon the advice and consent of the Senate. One member must be a resident of and appointed from each congressional district of this State, and two members must be appointed from the State at large with one of the at-large members being designated by the Governor as chairman. The members from the congressional districts must be appointed for terms of four years each, except that of those first appointed, two shall be appointed for terms of one year each, two for terms of two years each, and two for terms of three years each, the initial terms of each of these six members to be designated by the Governor when making the initial appointments. The two at-large members shall serve terms co-terminous with that of the Governor.
In making appointments to the council, the Governor shall consider race, gender, and other demographic factors to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State. The Governor in making these appointments also shall endeavor to appoint individuals who have demonstrated a commitment to higher education and who possess exemplary abilities in the field of education or management in the public or private sector.
(C) Four members of the council shall be selected as follows:
(1) one member must be a member of the board of trustees or a designee of the board of trustees of one of the three public senior research institutions of higher learning of this State consisting of the Medical University of South Carolina, Clemson University, and the University of South Carolina. These boards in selecting a person to serve on the council may select a member of one of these boards or may designate a person who is not a member of one of these boards. This member of the council must be selected by majority vote of the boards of trustees of these institutions meeting jointly at a meeting called and conducted for this purpose by the council, except that the first meeting for this purpose must be called and conducted by the Governor. Each board is entitled to one vote. The initial term of this member of the council is four years and thereafter his successors also shall serve terms of four years. If the member of the council selected pursuant to this item is a member of one of these boards of trustees, he shall serve as an ex officio member of the council;
(2) one member must be a member of the board of trustees or a designee of the board of trustees of one of the seven public four-year institutions of higher learning of this State consisting of Francis Marion University, Coastal Carolina University, Lander University, Winthrop University, The Citadel, South Carolina State University, and College of Charleston. These boards in selecting a person to serve on the council may select a member of one of these boards or may designate a person who is not a member of one of these boards. This member of the council must be selected by majority vote of the boards of trustees of these institutions meeting jointly at a meeting called and conducted for this purpose by the council, except that the first meeting for this purpose must be called and conducted by the Governor. Each board is entitled to one vote. The initial term of this member of the council is three years and thereafter his successors shall serve terms of four years. If the member of the council selected pursuant to this item is a member of one of these boards of trustees, he shall serve as an ex officio member of the council;
(3) one member must be appointed by the State Board for Technical and Comprehensive Education after consultation with the local governing boards of the two-year technical colleges of this State. The initial term of this member of the council is two years and thereafter his successors shall serve terms of four years. If the member of the council selected pursuant to this item is a member of the State Board for Technical and Comprehensive Education or one of these local governing boards, he shall serve as an ex officio member of the council;
(4) one member must be appointed by the Governor upon the recommendation of the Independent Colleges and Universities of South Carolina, Inc. This member also must be appointed by the Governor upon the advice and consent of the Senate. The person recommended by this organization may or may not be a member of the board of trustees of one of the private four-year colleges or universities of this State. This member must be appointed for an initial term of one year and thereafter his successors must be appointed for terms of four years. This member of the council shall serve as a nonvoting member.
(D) Proxy voting is allowed when selecting members of the council under items (C)(1),(C)(2), and (C)(3) of this section.
(E) Vacancies on the council must be filled by appointment or selection in the same manner of original appointment or selection for the remainder of the unexpired term. All members of the council, except for any ex officio members, shall serve until their successors have been appointed and quality.
(F) All members of the council shall receive the usual mileage, subsistence, and per diem paid to members of state boards, commission, and committees.
Section 59-108-30. The council shall employ an executive director and other staff as authorized by the General Assembly in the annual general appropriations act. Funds for the necessary technical, administrative, clerical, and other expenses of the council also must be as provided in the annual general appropriations act.
Section 59-108-40. (A) On February 1, 1995, the powers, duties, and functions of the State Commission on Higher Education are devolved upon the South Carolina Council on Higher Education and the Commission on Higher Education is abolished as of this date.
(B) In addition to the powers, duties, and functions of the council as provided in subsection (A) of this section, the council, 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 the missions of the various institutions of higher education in this State;
(2) set admission standards for these institutions both for in-state and out-of-state students;
(3) set acceptable ranges for tuition and fees of each institution;
(4) approve internal institutional budgets after funding therefor has been made by the General Assembly in the annual general appropriations act;
(5) establish personnel policies for these institutions consistent with applicable laws and policies pertaining to institutions of higher learning; and
(6) confirm the appointment of the president of each institution of higher education as made by the board of trustees of that institution with the power to remove any institution president for cause in the same manner and for the same reasons that the Governor may remove local or state public officials for cause as provided in Section 1-3-240(A). All presidents of each institution of higher education of this State serving as such on the effective date of this chapter shall continue to serve until removed or replaced in the manner provided by law.
(C) Other than as provided by this chapter, the board of trustees of each institution of higher education in this State shall continue to function and operate in the manner now provided by law."
SECTION 3. As used in Chapter 103 of Title 59 of the 1976 Code relating to the State Commission on Higher Education, and in any other provision of law, the State Commission on Higher Education, unless the context clearly indicates otherwise, the term "Commission on Higher Education", "Commission", or any similar variation must be construed to mean the Council on Higher Education as established by Chapter 108 of Title 59 of the 1976 Code as contained in Section 2 of this act.
SECTION 4. Section 59-103-10 of the 1976 Code is repealed.
SECTION 5. On the effective date of this act:
(A) the employees, authorized appropriations, and property of the Commission on Higher Education are transferred to and become part of the Council on Higher Education unless otherwise specifically provided by law. All classified or unclassified personnel of the Commission on Higher Education employed by the commission on the effective date of this act, either by contract or by employment at will, shall become employees of the Council on Higher Education, with the same compensation, classification, and grade level, as applicable, unless and until changed by the council.
(B) The regulations promulgated by the Commission on Higher Education under its authority as provided by law are continued and are considered to be promulgated by the Council on Higher Education unless and until changed by the council.
SECTION 6. This act takes effect February 1, 1995.