(Doc Name h:\legwork\house\amend\h-wm\001\bd of regents and transfers.docx):
EXPLANATION: create a board of regents
Amend the bill, as and if amended, Part IB, Section 117, GENERAL
PROVISIONS, page 559, after line 20, by adding an appropriately
numbered paragraph to read:
/ (GP: Board of Regents)
(A) In the current fiscal year, there
is created the 'South Carolina College and University
Board of Regents', which is known as the 'State
Board of Regents', In order to foster the development of
a coordinated system of higher education, to improve the quality
of education, to extend its benefits, and to encourage an
economical use of the state's resources. In the current
fiscal year, the South Carolina system of higher education is
redefined in accordance with the provisions of this
paragraph.
(B) As
used in this paragraph, unless the context clearly requires
otherwise:
(1)
'Board' means the South
Carolina College and University Board of Regents.
(2)
'Board of Trustees' means the
board of trustees or governing board or commission of a
constituent institution.
(3)
'Constituent institution' or
'institution' means any state-supported, public,
post-secondary institutions of higher learning, excluding
technical and comprehensive educational institutions.
(C) The
South Carolina College and University Board of Regents',
which is known as the 'State Board of Regents' and
which is a body corporate and politic and which by that name has
the power to:
(1)
have perpetual succession;
(2)
sue and be sued in the corporate name;
(3)
have a common seal and to alter it at
pleasure;
(4)
make contracts and to have, to hold, to
purchase, and to lease real estate and personal property for
corporate purposes, and to sell and dispose of personal property
and buildings that are considered by it as surplus property or
not further needed and buildings that it may need to dispose of
for the purpose of making room for other construction. However,
the board does not have the power to sell or otherwise dispose
of real estate, other than buildings, except with the consent of
the General Assembly;
(5)
elect from its membership a chairman, vice
chairman, and secretary of the board to serve until their
successors have been elected and qualify;
(6)
take, demand, receive, and possess monies,
goods, and chattels that may be given for the use of a
constituent institution and to apply the same according to the
will of the donors;
(7)
receive, possess, enjoy, and retain forever
by gift, purchase, or devise real and personal estate and funds
of any kind, nature, or quality in special trust and confidence
that the same, or the profits from them, must be applied to and
for the use and purpose of establishing and endowing the
constituent institutions;
(8)
do all things which usually are done by
bodies corporate and politic or anything necessary for the
promotion of learning and virtue.
(D)(1)
The Board of Regents is composed of fifteen members. Two
members must be elected by the General Assembly from each
congressional district with no two members from a congressional
district being from the same county. These members must be
elected for terms prescribed by the General Assembly. The
election must be held at a time prescribed by the General
Assembly.
One member must be appointed
by the Governor. Vacancies in all seats must be filled by
election or appointment in the same manner of original election
or appointment for the remainder of the unexpired term.
(2)
Neither a person elected or appointed to the
board nor a member of his immediate family may be employed by or
be a member of the governing body of a constituent institution
for a period of five years immediately preceding his election or
appointment to the Board of Regents.
(E) A
member of the board must be chosen for his interest in, and his
ability to contribute to the fulfillment of, the purposes of the
board. Each member is charged with the responsibility of
serving the best interests of the State. In selecting members,
the objective must be to obtain the services of the best
qualified citizens of the State, taking into consideration the
need for representation on the board by the different races,
sexes, and political parties.
(F) A
member of the board shall receive mileage, subsistence, and per
diem as is allowed for members of state boards, committees, and
commissions.
(G) The
board shall meet at stated times established by the board, but
not less frequently than six times in the current fiscal year.
A quorum for the conduct of business consists of a majority of
the members.
(H) The
board has the power to appoint from its membership committees
which are clothed with any the board may confer which are
consistent with law. No committee may reverse a decision
concerning a policy taken by the board at a regular meeting.
(I) In
performing its functions, duties, and responsibilities:
(1)
The board shall plan and develop a
coordinated system of higher education in South Carolina. The
board shall govern the constituent institutions, subject to the
powers, duties, and responsibilities granted in this paragraph
to the boards of trustees of the institutions, and the board
shall maintain close liaison with the constituent institutions,
the State Board of Education, and other committees, boards,
commissions, or agencies which serve the purpose of fostering
education in South Carolina. The board, in consultation with
representatives of the private colleges and universities of this
State, shall prepare and revise a long-range plan for a
coordinated system of higher education, supplying copies of the
plan to the Governor, the members of the General Assembly, the
members of the State Budget and Control Board, and the
constituent institutions.
(2)
The board is responsible for the general
determination, control, supervision, management, and governance
of all affairs of the constituent institutions. For this
purpose, the board may adopt and promulgate policies and
regulations it considers wise.
(3)
The board shall determine the functions,
educational activities, and academic programs of the constituent
institutions. The board also shall determine the types of
degrees to be awarded by the constituent institutions. The
powers granted in this paragraph to the board are not restricted
by any provision of law assigning specific functions, duties, or
responsibilities to designated institutions, and the powers
granted in this paragraph to the board are superior to the
provision. After adequate notice and after giving the board of
trustees or a governing body of a constituent institution an
opportunity to be heard, the board is authorized to withdraw
approval of an existing program if it appears that the program
is unproductive, excessively costly, or unnecessarily
duplicative.
(4)
The board shall approve the establishment of
a new publicly supported institution of higher education.
(5)
The board shall set tuition and required
fees at the institutions not inconsistent with any action of the
General Assembly.
(6)
The board shall set enrollment levels at the
constituent institutions.
(7)
The board shall develop, prepare, and
present to the Governor, the General Assembly, and the State
Fiscal Accountability Authority a budget for each constituent
institution. In preparing this budget, the board shall consult
specifically with the constituent institution involved.
(8)
The board shall render advice and make
recommendations concerning education to the Governor and General
Assembly if requested by the Governor or the General
Assembly.
(J)
Property, rights, and privileges held by the boards of
trustees or governing bodies of the constituent institutions as
the property, rights, and privileges may exist on July first of
the current fiscal year are transferred to and assumed by the
board immediately. Property, real or personal or mixed, held on
July first of the current fiscal year by a board of trustees of
a constituent institution for the benefit of that institution
must be kept separate and distinct from other properties held by
the board, must continue to be held for the benefit of the
institution that was previously the beneficiary, and must
continue to be held subject to the provisions of the respective
instruments, grants, or other means of process by which any
property was acquired. Nothing contained in this paragraph
increases or diminishes the income, other revenue, or specific
property which is pledged or otherwise hypothecated for the
security or liquidation of an obligation. The board shall
assume the obligations without either enlarging or diminishing
the rights of the holders of the obligations.
(K)
Pursuant to this paragraph, each board of trustees or
governing body of a constituent institution has the powers and
duties to:
(1)
promote the sound development of the
institution within the functions prescribed for it, helping it
to serve the State in a way that will complement the activities
of the other constituent institutions and aiding it to perform
at a high level of excellence in every area of endeavor;
(2)
serve as advisor to the Board of Regents on
matters pertaining to the institution;
(3)
appoint a chairman of the board of trustees
or governing body and other officers necessary to assist the
members of the board of trustees or governing body in their
duties;
(4)
appoint, with the advice and consent of the
Board of Regents, a college president, treasurer, and secretary
and, with the advice and consent of the Board of Regents, to
prescribe their duties and terms of office;
(5)
make bylaws and regulations for the
management of its institution's affairs and operations
not inconsistent with policies of the Board of Regents or with
any provision of law. Bylaws and regulations must be approved
by the Board of Regents before becoming effective;
(6)
confer degrees upon students and other
persons who meet the standards set by the Board of Regents;
(7)
perform other functions delegated to it by
the Board of Regents, which functions may not be inconsistent
with law;
(8)
perform functions enumerated in the statutes
governing the board of trustees' or governing
body's existence, as long as the function has not been
granted to the Board of Regents by this paragraph.
(L) To
the extent that a regulation or other provision of law is
inconsistent with this paragraph or confers powers on other
bodies inconsistent with the powers conferred on the Board of
Regents, the provisions of this paragraph prevail and apply.
(M)
Persons who, as of July first of the current fiscal year,
are serving as trustees or members of the governing body of
constituent institutions, as defined in this paragraph, shall
continue to serve as provided by the applicable provisions of
law governing their institutions. Their successors must be
elected in the manner and at the time prescribed by the
provisions of law governing their institutions.
(N) On
July first of the current fiscal year, the duties, powers, and
responsibilities of the State Commission on Higher Education not
inconsistent with the duties, powers, and responsibilities
conferred upon the South Carolina College and University Board
of Regents pursuant to this paragraph, are devolved upon the
South Carolina College and University Board of Regents.
(O) For
the current fiscal year, Sections 59-53-10 and 59-103-10 of the
1976 Code are suspended.
(P) The
Department of Administration, Executive Budget Office is
directed to facilitate the transfer of up to $100,000 from any
balances remaining in the following H030 subfund accounts:
30350000 Operating Revenue; 33790000 IPP Note Proceeds; 39580000
Sale of Assets to the newly created South Carolina College and
University Board of Regents within fifteen days of July 1, 2015.
Upon the closing of the books on Fiscal Year 2014-15, all
remaining assets, both physical and monetary shall be
transferred from H030 to the State Board of Regents. The
Executive Budget Office, in conjunction with the Office of
Comptroller General, shall establish an operating budget for the
State Board of Regents for Fiscal Year 2015-16 as soon as
practicable. /
Renumber sections to conform.
Amend totals and titles to conform.