Current Status Introducing Body:
SenateBill Number: 1366Primary Sponsor: Committee (04)Committee Number: 21Type of Legislation: GBSubject: Higher Education CommissionResiding Body: HouseCurrent Committee: Education and Public WorksComputer Document Number: GJK/20786SD.94Introduced Date: 19940414Date of Last Amendment: 19940427Last History Body: HouseLast History Date: 19940428Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideSponsor Committee: EducationSponsor Committee Number: 04Type of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 1366 House 19940428 Introduced, read first time, 21 referred to Committee 1366 Senate 19940427 Amended, read third time, sent to House 1366 Senate 19940426 Made Special Order 1366 Senate 19940419 Read second time, notice of general amendments 1366 Senate 19940414 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 27, 1994
S. Printed 4/27/94--S.
Read the first time April 14, 1994.
TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-103-10 of the 1976 Code is amended to read:
"Section 59-103-10. In order to serve as an advocate and to provide overview and oversight of the services provided by the public higher education institutions, there is created the State Commission on Higher Education. Two members must be appointed by the Governor from each congressional district upon the recommendation of the majority of the legislative delegation members from the district. Six members must be appointed by the Governor from the State at large with the advice and consent of the Senate. Members must be appointed for terms of four years and until their successors are appointed and qualify. No one is eligible to serve on the commission for more than two consecutive terms. A term served by a member which is less than a full four-year term must not be counted in determining when a member has served the maximum number of terms. No member may be an employee or member of a governing body of a public or private institution of higher learning in this State. The commission shall consist of eleven members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three representatives of the public colleges and universities and one representative of the independent colleges and universities of South Carolina.
The membership of the Commission on Higher Education must be as follows:
(1) Six members, one each to represent the six congressional districts of this State. These six members must be appointed by the Governor upon the advice and consent of the Senate. Each of these members must be a resident of the congressional district they represent and meet the minimum qualifications provided herein. In order to qualify for appointment, the representatives from the congressional districts must have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy. A member representing the congressional districts must not have been, during the succeeding five years, a member of a governing body of a public institution of higher learning in this State and must not be employed or have immediate family members employed by any of the public colleges and universities of this State. These members must be appointed for terms of four years and shall not serve on the commission for more than two consecutive terms. Provided however, the initial term of office for a member appointed from an even numbered congressional district shall be two years.
If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district.
(2) Three members to serve ex officio to represent the public colleges and universities. One member must be serving on the board of trustees of one of the following public senior research institutions: Medical University of South Carolina, Clemson University, and University of South Carolina. One member must be serving on the board of trustees of one of the following four-year public institutions of higher learning; Francis 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; provided that if the representative for this group of schools is chosen from either the University of South Carolina-Spartanburg or the University of South Carolina-Aiken, the representative must be chosen from the local area Higher Education Commission rather than a board of trustees; provided further that the representative may not be chosen from either the University of South Carolina-Spartanburg or the University of South Carolina-Aiken when the research institution represented on the board is the University of South Carolina. One member must a member of one of the local area technical education commissions or the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive Education. These members must be appointed to serve terms of two years. No institution may be represented for more than one consecutive term.
(3) One ex officio member to represent the independent colleges and universities. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years, may not serve more than two consecutive terms, and shall serve as a nonvoting member.
(4) The chairman shall serve for a term of four years and may not succeed himself.
The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. All members of the commission shall serve until their successors are appointed and qualify. The chairman of the commission must be elected annually by the members of the commission and may not serve as chairman for more than four consecutive years. Members recommended by the General Assembly must be residents of the appropriate congressional district. If the boundaries of congressional districts are changed, members serving on the commission continue to serve until the expiration of their terms, but successors to members whose terms expire must be appointed from the newly defined congressional district. If a congressional district is added, the commission must be enlarged to include representation from that district."
SECTION 2. Section 59-103-60 of the 1976 Code is amended to read:
"Section 59-103-60. The commission shall make such recommendations to the Governor's Office, State Budget and Control Board and the General Assembly as to policies, programs, curricula, facilities, administration, and financing of all state-supported institutions of higher learning as may be considered desirable. The House Ways and Means Committee, the Senate Finance Committee, and the State Budget and Control Board may refer to the commission for investigation, study, and report any requests of institutions of higher learning for new or additional appropriations for operating and for other purposes and for the establishment of new or expanded programs."
SECTION 3. Section 59-103-90 of the 1976 is amended to read:
"Section 59-103-90. An executive director must be appointed by the commission to manage and carry out the duties of the commission as prescribed by law and assigned by the commission. The executive director is not subject to the State Grievance Procedure Act of 1982 and may be dismissed without cause.
A professional staff complement shall be established by the Commission on recommendation of the executive director which who shall insure ensure that there are persons on the staff who have the professional competence and experience to carry out the duties assigned and to insure ensure that there are persons on the staff who are familiar with the problems and capabilities of all of the principal types of state-supported institutions in the State. Provision shall be made for persons of high competence and strong professional experience in such the areas as academic affairs, public service and extension programs, business and financial affairs, institutional studies and long-range planning, student affairs, research and development, legal affairs, health affairs, institutional development, and for state and federal programs administered by the commission. The hiring of additional staff members to any position for which funds were not specifically appropriated by the General Assembly shall require prior approval by the General Assembly."
SECTION 4. The terms of the present members of the State Commission on Higher Education shall expire on March 1, 1995, at which time the members of the commission selected in the manner provided by this act shall take office.
SECTION 5. This act takes effect upon approval by the Governor.