Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.4053 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:20010502 Primary Sponsor:Robinson All Sponsors:Robinson, Simrill, Quinn, Koon, Knotts, Whatley, Limehouse, Loftis, Law, Easterday, Perry, Allison, Altman, Cato, Chellis, Dantzler, Davenport, Edge, Frye, Harrell, Haskins, Hinson, Huggins, Keegan, Kirsh, Leach, Merrill, Owens, Rice, Sandifer, W.D. Smith, Stille, Thompson, Tripp, Trotter, Vaughn, Webb, White, Wilkins and A. Young Drafted Document Number:l:\council\bills\swb\5346sd01.doc Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Higher Education Realignment Commission established; Colleges and Universities, State- supported History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010502 Introduced, read first time, 21 HEPW referred to Committee Versions of This Bill
TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION REALIGNMENT COMMISSION TO EXAMINE EACH PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE AND MAKE RECOMMENDATIONS AS TO WHICH INSTITUTIONS OR PROGRAMS SHOULD BE PERMANENTLY REALIGNED OR MERGED WITH OR TRANSFERRED TO OTHER INSTITUTIONS OR PROGRAMS, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THE PROCEDURES FOR THE CONSIDERATION OF THE COMMISSION'S REPORT INCLUDING A PROVISION THAT IT IS DEEMED ADOPTED UNLESS DISAPPROVED BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY AND THAT BEYOND SUCH DISAPPROVAL THE GENERAL ASSEMBLY MAY MAKE NO FURTHER CHANGES IN OR AMENDMENTS TO THE REPORT, TO PROVIDE TRANSITIONAL PROVISIONS FOR THOSE INSTITUTIONS OR PROGRAMS WHICH ARE CLOSED, MERGED, OR TRANSFERRED, AND TO PROVIDE THAT THE COMMISSION IS TERMINATED ON JULY 1, 2004.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The South Carolina Higher Education Realignment Commission is established to examine each public institution of higher learning in this State as defined in Section 59-103-5 of the 1976 Code and its programs and make recommendations as to which institutions or programs should be permanently realigned or merged with or transferred to other institutions or programs. The commission shall be composed of nine members, three to be appointed by the Speaker of the House of Representatives, three to be appointed by the President Pro Tempore of the Senate, and three to be appointed by the Governor. In addition, the Executive Director of the Commission on Higher Education shall be an ex officio, nonvoting member of the Realignment Commission. The terms of the members shall be until the date the commission is terminated on July 1, 2004. Each member of the commission shall be a person who has distinguished himself in the private sector and no member may be a public official including any person serving in the General Assembly. No member of the commission nor any member of his immediate family may be a member of the governing body of any institution subject to the jurisdiction of the commission, a faculty member or employee of any such institution, or have a contractual or consulting agreement or relationship with any such institution. The Speaker of the House, the President Pro Tempore of the Senate, and the Governor in making these appointments shall endeavor to include all geographic areas of the State and persons of all genders, ethnicities, and backgrounds. Vacancies shall be filled for the remainder of the unexpired term by appointment in the same manner of original appointment. All appointments must be made by January 1, 2002.
(B) The commission shall meet as soon as practicable after January 1, 2002, on a date set by the Governor and at its first meeting shall elect a chairman, vice chairman, and such other officers as they consider necessary. The commission shall meet at least quarterly and in locations throughout the State. The Senate Education and Finance Committees and the House of Representatives Education and Public Works and Ways and Means Committees jointly shall provide the staff for the commission. The Commission on Higher Education shall provide additional support and staff as the commission may request. The commission, in addition, may retain financial consultants, auditors, or certified public accountants in or out of this State to perform such audits as the commission considers necessary within the funds available to the commission for this purpose.
SECTION 2. (A) The commission shall examine the effectiveness and success of each institution of higher learning in this State in regard to serving the overall mission of higher education in South Carolina as defined and enumerated in Section 59-103-15. Institutions and programs on an individual basis shall be evaluated on the basis of and using the performance indicators stipulated in Section 59-103-30 and such other factors as the commission determines appropriate. The commission is authorized to consult with the Commission on Higher Education in regard to the state's higher education mission and performance indicators, and the Commission on Higher Education upon request shall provide such assistance as the Realignment Commission requires, but the criteria for and decisions regarding which institutions or programs to close or transfer rests solely with the Realignment Commission created herein.
(B) The commission shall render its report to the General Assembly and the Governor on January 1, 2003, as to which institutions of higher learning or programs shall be realigned or merged with or transferred to other institutions or programs. These institutions or programs shall be realigned or transferred as indicated on July first of the next succeeding year unless the General Assembly by concurrent resolution disapproves the report in its entirety by March 31, 2003. Except for the authority of the General Assembly to disapprove the report, no other changes or amendments may be made by the General Assembly to the report. If the General Assembly does not disapprove the report by March 31, 2003, the General Assembly in the annual general appropriations act for fiscal year 2003-2004, shall reflect the recommendations made by the commission in the report. If the General Assembly does disapprove the report, the commission shall submit a revised report on May 1, 2003. This revised report shall likewise take effect in the manner herein provided unless the General Assembly by concurrent resolution disapproves the revised report by June 1, 2003. On July 1, 2004, the commission is dissolved.
SECTION 3. (A) Upon realignment through termination an institution or program, may be continued in existence no later than July first of the next succeeding year for the purpose of winding up its affairs, at which time it shall cease all activities. During the wind-up period the realignment shall not reduce or otherwise limit the powers or authority of the institution or program. At the conclusion of the wind-up period, all laws and regulations governing, authorizing, and otherwise dealing with the realigned institution or program are considered repealed to the extent to which the laws and regulations address the realigned institution or program. The affected institution shall retain one-half of any monies remaining after the wind-up period and the remaining one-half shall be reallocated to higher education funding through use of the higher education funding formula.
(B) If the commission in its report decides to merge an institution with another or transfer a program from one institution to another, these mergers or transfers shall be effective on the first day of July of the next succeeding year after the commission's report takes effect. The transfer or merger shall be accomplished in the manner directed by the Budget and Control Board. Where the commission's report merges or transfers an institution or program to another institution or program, the employees, authorized appropriations, bonded indebtedness if applicable, and real and personal property of the merged or transferred institution or program are also transferred to and become part of the receiving institution or program unless otherwise specifically provided. All classified or unclassified personnel of the affected institution or program either by contract or by employment at will, shall become employees of the receiving institution or program with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the appropriate school officials prescribe the manner in which the transfer provided for in this section shall be accomplished. The board's action in facilitating the provisions of this section is ministerial in nature and shall not be construed as an approval process over any of the transfers.
SECTION 4. The provisions of this act are supplemental to all other provisions of law, and notwithstanding any provision herein to the contrary, the authority of the Commission on Higher Education under Section 59-103-45 to close any institution which does not meet the standards of achievement in regard to the performance indicators for quality academic success shall continue before, during, and after the effective date of this act.
SECTION 5. This joint resolution takes effect upon approval by the Governor.
This web page was last updated on Tuesday, December 8, 2009 at 11:32 A.M.