Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 25, 2026

 

H. 4736

 

Introduced by Reps. McGinnis and Edgerton

 

S. Printed 3/25/26--H.

Read the first time January 13, 2026

 

________

 

The committee on House Education and Public Works

To whom was referred a Bill (H. 4736) to amend the South Carolina Code of Laws by adding Section 59-103-12 so as to create a mandatory orientation training program for new members of the Commission on, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

SHANNON ERICKSON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires CHE to establish a board orientation program designed to address the role, duties, and responsibilities of the commission for new commission members, to be conducted at least once during their first year of membership. The bill enumerates several requirements of the orientation and training program, including that commission members become familiar with their duties, accounting methods and fiduciary requirements of the commission, regulatory and statutory requirements of the commission, and other requirements related to higher education issues.

The bill states that the orientation program and training must include at least six hours of education and instruction for the new commission members, which may be completed in one block or broken up over the course of a fiscal year. The executive director of CHE must report annually to the Chairman of the Senate Education Committee and the Chairman of the House Education and Public Works Committee the number of hours of training and development that each member of the commission received during the preceding fiscal year.

CHE indicates that revising its current orientation program for new commissioners to meet the requirements in the bill would be managed under existing resources for the agency. The agency states that the continuing education and training requirements would require additional expenditures to accomplish. CHE states that for the ongoing training program for all commissioners, the agency would utilize the Association of Governing Boards (AGB). CHE reports that it would arrange a one-day training program conducted by an AGB consultant to provide general training on governing boards, their duties, and responsibilities for all commissioners for total non-recurring expenses of $20,000 in FY 2026-27. CHE further reports that the agency would send four commissioners and every new commissioner to the annual AGB conference, ensuring that each commissioner would attend the conference once in a four-year term at a cost of $3,800 per commissioner for total recurring expenses of $26,600. Therefore, this bill is expected to increase General Fund expenses for CHE by approximately $46,600 in FY 2026-27. Expenses will decrease to $26,600 each year thereafter. The agency indicates that additional General Funds would be needed to cover these expenses.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-103-12 SO AS TO CREATE A MANDATORY ORIENTATION TRAINING PROGRAM FOR NEW MEMBERS OF THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE SPECIFIC REQUIREMENTS FOR THE PROGRAM, TO REQUIRE THE CREATION OF CONTINUING EDUCATION OPPORTUNITIES FOR COMMISSION MEMBERS, AND TO PROVIDE RELATED DUTIES OF THE EXECUTIVE DIRECTOR OF THE COMMISSION.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 1, Chapter 103, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-103-12. (A) New commissioners on the Commission on Higher Education board shall participate, at least once during their first year of membership, in a board orientation program. The board orientation program must be designed to address the role, duties, and responsibilities of the commission members.

    (B) The Executive Director for the Commission on Higher Education, in consultation with relevant staff and external stakeholders, shall develop a comprehensive board orientation program for new members of the commission as well as develop continuing education opportunities for all continuing members of the commission.

    (C) The orientation program and training must include, but is not limited to:

       (1) methods for meeting the statutory, regulatory, and fiduciary obligations of the commission;

       (2) commission members' duty to this State, with particular attention to their respective applicable statutory and regulatory authority;

       (3) information concerning the roles of the governing bodies and their members;

       (4) the state goals for higher education pursuant to Section 59-103-15;

       (5) an overview of all relevant statutory and regulatory sections regarding need-based scholarships and grants and merit-based scholarships and grants funded through the South Carolina Education Lottery;

       (6) a summary of the relevant statutory sections governing the commission found in this chapter;

       (7) the fiduciary duties and responsibilities of governing bodies;

       (8) the requirements of the South Carolina Freedom of Information Act;

       (9) ethical considerations arising from membership on a governing body, including the South Carolina Ethics Act;

       (10) current and future national and state issues in higher education; and

       (11) any other training topics the executive director considers necessary or appropriate.

    (D) The orientation program and training must include at least six hours of education and instruction for the new commission members. The training may be completed in one block or broken up over the course of a fiscal year, provided that a new commission member shall complete the full six hours of training within the first twelve months after his appointment to the commission.

    (E) The executive director for the commission shall report annually to the Chairman of the Senate Education Committee and the Chairman of the House Education and Public Works Committee the number of hours of training and development that each member of the commission received during the preceding fiscal year.

 

SECTION 2.  This act takes effect on July 1, 2026.

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