Current Status Bill Number:
39Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: CoursonAll Sponsors: CoursonDrafted Document Number: RES9460.JECResiding Body: SenateCurrent Committee: Education Committee 04 SEDSubject: Higher Education Coordinating Council
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950110 Introduced, read first time, 04 SED referred to Committee Senate 19940919 Prefiled, referred to Committee 04 SEDView additional legislative information at the LPITS web site.
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:
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.