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| (a) conduct a comprehensive review of the current governance structure of higher education including statewide coordinating and oversight measures currently sustained.
(b) examine:
(i) national trends and reform efforts in higher education governance structures, including the advantages and disadvantages of increasing or decreasing the oversight role of state level governance of higher education;
(ii) the lines of authority and the relationship between the respective boards of trustees and the Commission on Higher Education;
(c) investigate how higher education opportunities are currently provided to South Carolina students by examining the structures of higher education institutions at all levels;
(d) address any other matters the committee considers necessary or appropriate;
(e) solicit topics of inquiry from all public and private institutions in the State and the Commission on Higher Education.
(3) At least one staff person shall be transferred to the committee from the Legislative Audit Council and from the State Reorganization Commission for the duration of the study. The study committee shall use this staff in conjunction with other professional staff. Legislative staff of the committee shall be the lead staff and the staff transferred to the committee from the Legislative Audit Council, and the State Reorganization Commission shall support the lead legislative staff. Upon completion of the workplan of the study and if the committee determines that more staff are needed to ensure a timely report and so requests, one additional professional staff person must be transferred from the Legislative Audit Council and from the State Reorganization Commission. The Commission on Higher Education and the staff of the public
(4) The committee shall conclude its work and issue its final report by January 1, 1996, which shall serve as the decennial report of the Commission on Higher Education. The final report shall be submitted to the House Education and Public Works Committee and the Senate Education Committee, and must be considered the first report required by the Decennial section of the commission's Master Assessment plan, and upon submission of its final report, the committee shall be dissolved.
(5) Members of the committee shall receive the usual mileage, subsistence, and per diem paid by law to members of the General Assembly to be paid from approved accounts of both houses.
SECTION 6. (A) Notwithstanding the provisions of Section 59-103-10 of the 1976 Code, as contained in Section 1 of this act, or any other provision of law, any vacancy existing on this act's effective date on the Commission on Higher Education from among the members representing congressional districts must be filled by an at-large member if the at-large member is a resident of the congressional district for which there is a vacancy. Additionally, notwithstanding the length of the unexpired portion of the term remaining for a congressional district member to be filled in accordance with this subsection, the term of the congressional district member filled by an at-large member is the length of the term the member would have served if the member remained an at-large member.
(B) Any vacancy that may be created among the at-large members by an at-large member filling a vacancy among the congressional district representatives pursuant to subsection (A) is deemed an expiration of that at-large term and must be filled in the manner provided for in Section 59-103-10 of the 1976 Code, as amended in Section 1 of this act.
SECTION 7. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second
reading.
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Govan Hallman Harris, J. Harrison Harvin Haskins Herdklotz Hines Howard Huff Hutson Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Martin Mason McAbee McCraw McKay McTeer Meacham Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3581 -- Reps. Sharpe, Herdklotz, Meacham, Bailey, Littlejohn, Fulmer, Law,
A. Young, Rice, Davenport, Vaughn, Haskins, D. Smith, Cato, Mason and Riser: A
BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE
THE DEFINITION OF REGULATION; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING
TO
PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO FURTHER PROVIDE FOR THE
CONTENTS OF THE PUBLIC HEARING NOTICE ON PROPOSED REGULATIONS; TO AMEND
SECTION
1-23-111, RELATING TO PROCEDURES FOR CONDUCTING PUBLIC HEARINGS AND THE REPORT
OF THE OFFICIAL PRESIDING AT THE PUBLIC HEARING AND THE AGENCY'S RESPONSE TO
THE
REPORT, SO AS TO PROVIDE THE BASIS FOR THE DETERMINATION OF THE NEED AND
REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AVAILABLE TO AN
AGENCY IN RESPONDING TO A REPORT; TO AMEND SECTION 1-23-115, AS AMENDED,
RELATING TO ASSESSMENT REPORTS ON REGULATIONS SO AS TO CLARIFY WHEN AN
ASSESSMENT REPORT MAY BE REQUESTED AND TO AUTHORIZE A LEGISLATIVE COMMITTEE
TO
REQUEST A REPORT AND TO PROVIDE PROCEDURES UNDER WHICH THE ONE HUNDRED
TWENTY
DAY REVIEW PERIOD IS TOLLED UPON SUCH A REQUEST, AND TO MANDATE THE CONTENTS
OF
THE REPORT; TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, BOTH
RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROHIBIT AN
AGENCY FROM WITHDRAWING OR MODIFYING A REGULATION EXCEPT UPON NOTICE BY
THE
LEGISLATIVE COMMITTEE.
Rep. SHEHEEN moved that the House do now adjourn.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Boan Breeland Byrd Chamblee Cobb-Hunter Harris, J. Herdklotz Howard Kennedy Keyserling Lloyd Martin McAbee McTeer Neal Phillips Rhoad Rogers Sheheen Spearman Thomas Trotter Whipper, L. Whipper, S. White
Those who voted in the negative are:
Askins Bailey Baxley Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cooper Cotty Cromer Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Harvin Haskins Hines Huff Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Mason McCraw McKay Neilson Quinn Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille
Stoddard Stuart Townsend Tripp Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to adjourn.
Rep. LANFORD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18451AC.95), which was tabled.
Amend the bill, as and if amended, by deleting Sections 7 and 8 and inserting:
/SECTION 7. Section 1-23-120 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 1-23-120. (A) All regulations except those specifically exempted under this section must be submitted to the General Assembly for review in accordance with this article, but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110. A regulation submitted to the General Assembly for review may not be withdrawn or modified by the agency for any reason except upon written notification by a committee that the committee by majority vote cannot approve the regulation in the form submitted, as provided for in Section 1-23-125.
(B) To initiate the process of review, the agency shall file with the President of the Senate and the Speaker of the House of Representatives:
(1) a copy of the regulations promulgated;
(2) a request for review;
(3) a brief synopsis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations;
(4) a copy of the final assessment report and the summary of the final
report prepared by the division pursuant to Section 1-23-115. A regulation that
does not require an assessment report because it does not have a substantial
economic impact must include a statement to that effect. A regulation exempt
from filing an assessment report pursuant to Section 1-23-115(E) must include an
explanation of the exemption;
(C) Upon receipt of the request, the President and Speaker reviewing the request shall submit it for consideration to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it must be given to each member of the committee. The committees to which regulations are referred have one hundred twenty days from the date regulations are submitted to the General Assembly to consider and take action on these regulations. However, if If a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting.
(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the house in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the remainder to equal ninety days. A regulation requiring General Assembly review is valid against a person as provided for in Sections 1-23-40 and 1-23-60 only after a joint resolution to approve the regulation is enacted by the General Assembly. The introduction of a joint resolution by the committee of either house does not prevent the introduction of a joint resolution by the committee of the other house to either approve or disapprove the regulations concerned. A joint resolution approving or disapproving a regulation must include:
(1) the synopsis of the regulation as required by subsection (B);
(E) The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred.
(F) Any member may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are submitted to a standing committee for review and no committee joint resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.
(G) General Assembly review is not required for regulations promulgated:
(1) to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B) must include citations to federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption;
(2) by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110;
(3) by the South Carolina Department of Revenue and Taxation to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code of 1954 1986;
(4) as emergency regulations under Section 1-23-130.
(H) For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed. If a joint resolution to approve or disapprove a regulation has not been enacted by sine die adjournment
SECTION 8. Section 1-23-125 of the 1976 Code, as last amended by Act 605 of 1988, is further amended to read:
"Section 1-23-125. (A) The legislative committee to which a regulation is submitted is not authorized to amend a particular regulation and then introduce a joint resolution approving the regulation as amended; however, this provision does not prevent the introduction of a resolution disapproving one or more of a group of regulations submitted to the committee and approving others submitted at the same time or deleting a clearly separable portion of a single regulation and approving the balance of the regulation in the committee resolution. An agency may not withdraw from or modify a regulation under legislative review unless the agency receives written notification, as provided for in this section, from a committee that the committee by majority vote cannot approve the regulation in the form submitted.
(B) If a majority of a committee determines that it cannot approve a regulation in the form submitted it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:
(a)(1) withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the Lieutenant Governor, but any regulation not resubmitted within thirty days is considered permanently withdrawn;
(b)(2) withdraw the regulation permanently;
(c)(3) take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.
(C) The notification tolls the one-hundred-twenty-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty days, to equal twenty days and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item (c) subsection (B)(3), it shall notify the committee in writing and the remainder of the period begins to run only upon this notification.
The provisions of this section, as they apply to approval, disapproval, or modification of regulations, do not apply to joint resolutions introduced
(D) When any If a regulation, when finally promulgated, includes a substantive change in the content of the regulation as proposed and published in the State Register, and the substantive change was not raised, considered, or discussed by public comment required in Section 1-23-110, the regulation must be refiled by the agency with the Legislative Council and published as revised in the State Register and processed as a new regulation in accordance with the provisions of this article."/
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. WILKES moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Bailey Breeland Brown, H. Brown, J. Byrd Cobb-Hunter Cotty Cromer Dantzler Davenport Felder Govan Hallman Harrell Harrison Haskins Hodges Howard Hutson Jennings Keegan Kinon Koon Law Limbaugh Lloyd Mason McKay McTeer Moody-Lawrence Neal Rhoad Rice Riser Seithel Sharpe Sheheen Shissias Smith, R. Spearman Stuart Thomas Wells Whatley Wilder Wilkes Wilkins Williams Witherspoon Worley Wright Young, A. Young, J.
Allison Askins Baxley Boan Brown, G. Cain Carnell Cato Chamblee Cooper Easterday Fair Fleming Fulmer Gamble Harvin Herdklotz Kelley Kennedy Keyserling Klauber Knotts Lanford Limehouse Littlejohn McCraw Meacham Neilson Quinn Richardson Sandifer Simrill Smith, D. Stille Stoddard Townsend Tripp Trotter Tucker Vaughn Walker Whipper, L. Whipper, S. Wofford
So, the amendment was tabled.
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