S 1081 Session 110 (1993-1994)
S 1081 General Bill, By Drummond, Bryan, Russell and J.V. Smith
Similar(H 4612)
A Bill to amend Title 59, Code of Laws of South Carolina, 1976, by adding
Chapter 108 so as to establish the South Carolina Council on Higher Education,
to provide for its organization, membership, powers, duties, and functions
including the authority to establish missions of institutions, set institution
admission standards, set acceptable ranges for tuition and fees, approve
internal institution budgets, establish personnel policies, and confirm
institutional presidents with the power to remove for cause, to transfer to
and devolve upon the Council the duties and functions of the State Commission
on Higher Education on February 1, 1995, and to repeal Section 59-103-10 of
the 1976 Code relating to the Commission on Higher Education.
01/26/94 Senate Introduced and read first time SJ-2
01/26/94 Senate Referred to Committee on Education SJ-2
A BILL
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE SOUTH
CAROLINA COUNCIL ON HIGHER EDUCATION, TO PROVIDE FOR
ITS ORGANIZATION, MEMBERSHIP, POWERS, DUTIES, AND
FUNCTIONS INCLUDING THE AUTHORITY TO ESTABLISH MISSIONS
OF INSTITUTIONS, SET INSTITUTION ADMISSION STANDARDS, SET
ACCEPTABLE RANGES FOR TUITION AND FEES, APPROVE
INTERNAL INSTITUTION BUDGETS, ESTABLISH PERSONNEL
POLICIES, AND CONFIRM INSTITUTIONAL PRESIDENTS WITH THE
POWER TO REMOVE FOR CAUSE, TO TRANSFER TO AND DEVOLVE
UPON THE COUNCIL THE DUTIES AND FUNCTIONS OF THE STATE
COMMISSION ON HIGHER EDUCATION ON FEBRUARY 1, 1995,
AND TO REPEAL SECTION 59-103-10 OF THE 1976 CODE RELATING
TO THE COMMISSION ON HIGHER EDUCATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly makes the following findings in
regard to the system of higher education in South Carolina:
(1) there are thirty-three public institutions of higher education
supported by state general fund revenue through formula funding, and
twenty private institutions of higher education supported by state general
fund revenue through the tuition grants program;
(2) almost sixteen percent of state general fund revenue is devoted
to higher education;
(3) the state's public institutions of higher education employ thirty
percent of all state government employees;
(4) public higher education employees receive forty percent of the
state payroll;
(5) approximately three percent of the state's population is enrolled
as in-state full-time equivalent students in our public higher education
institutions;
(6) less than one-third of the students enrolling in the state's public
four-year institutions graduate within four years and only about one-half
graduate within six years.
(B) The General Assembly further believes that a number of significant
problems are adversely affecting the system of higher education in our
State. These problems include:
(1) the roles and missions of the institutions are not clearly defined
and institutions attempt to satisfy too many constituencies;
(2) admission standards are not rigorous enough to ensure
successful academic performance;
(3) present graduation and retention rates are much too low;
(4) the number of years it takes to earn a baccalaureate degree
is too long;
(5) the ability of students to transfer from two-year institutions to
four-year institutions is at times difficult;
(6) too many two-year institutions have aspirations to become four-year institutions;
(7) funding is basically enrollment-driven unrelated to outcomes and
quality of performance;
(8) the habit of buying out athletic contracts is too prevalent among
these institutions; and
(9) the delineation of lines of authority between the respective
boards of trustees and the Higher Education Commission is not clear.
(C) The General Assembly therefore declares that the purpose of this
legislation is to:
(1) focus the education resources and vision of the State on the
long-range solutions to problems which need addressing;
(2) foster the development of a well-planned and coordinated
system of higher education;
(3) encourage the appropriate use of the state's resources to meet
the educational needs of South Carolina in the twenty-first century;
(4) ensure that the public tax dollars invested in higher education are
used effectively and economically;
(5) ensure that tuition and fees at public-supported colleges and
universities are kept at reasonable levels with the interests of both the
taxpayers and students protected in this regard; and
(6) improve the quality of higher education in South Carolina.
(D) For the above reasons, the General Assembly has determined to
create a new Council on Higher Education which shall be assigned all of the
responsibilities of the current Commission on Higher Education, plus the
authority with regard to public institutions to:
(1) establish the missions of the various institutions;
(2) set admission standards;
(3) set acceptable ranges for tuition and fees;
(4) approve internal institutional budgets;
(5) establish personnel policies unique to higher education; and
(6) confirm institutional presidents with power to remove for cause.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 108
South Carolina Council on Higher Education
Section 59-108-10. For purposes of this chapter:
(1) `public higher education' means state-supported higher education
in the post-secondary field, including comprehensive and technical
education;
(2) `public institution of higher learning' means any state-supported
post-secondary educational institution and includes technical and
comprehensive educational institutions.
Section 59-108-20. (A) There is hereby created the South Carolina
Council on Higher Education. The council shall consist of twelve members
appointed or selected in the manner provided in this section.
(B) Eight members must be appointed by the Governor upon the advice
and consent of the Senate. One member must be a resident of and
appointed from each congressional district of this State, and two members
must be appointed from the State at large with one of the at-large members
being designated by the Governor as chairman. The members from the
congressional districts must be appointed for terms of four years each,
except that of those first appointed, two shall be appointed for terms of one
year each, two for terms of two years each, and two for terms of three
years each, the initial terms of each of these six members to be designated
by the Governor when making the initial appointments. The two at-large
members shall serve terms co-terminous with that of the Governor.
In making appointments to the council, the Governor shall consider race,
gender, and other demographic factors to assure nondiscrimination,
inclusion, and representation to the greatest extent possible of all segments
of the population of this State. The Governor in making these appointments
also shall endeavor to appoint individuals who have demonstrated a
commitment to higher education and who possess exemplary abilities in
the field of education or management in the public or private sector.
(C) Four members of the council shall be selected as follows:
(1) one member must be a member of the board of trustees or a
designee of the board of trustees of one of the three public senior research
institutions of higher learning of this State consisting of the Medical
University of South Carolina, Clemson University, and the University of
South Carolina. These boards in selecting a person to serve on the council
may select a member of one of these boards or may designate a person who
is not a member of one of these boards. This member of the council must
be selected by majority vote of the boards of trustees of these institutions
meeting jointly at a meeting called and conducted for this purpose by the
council, except that the first meeting for this purpose must be called and
conducted by the Governor. Each board is entitled to one vote. The initial
term of this member of the council is four years and thereafter his
successors also shall serve terms of four years. If the member of the
council selected pursuant to this item is a member of one of these boards
of trustees, he shall serve as an ex officio member of the council;
(2) one member must be a member of the board of trustees or a
designee of the board of trustees of one of the seven public four-year
institutions of higher learning of this State consisting of Francis Marion
University, Coastal Carolina University, Lander University, Winthrop
University, The Citadel, South Carolina State University, and College of
Charleston. These boards in selecting a person to serve on the council may
select a member of one of these boards or may designate a person who is
not a member of one of these boards. This member of the council must be
selected by majority vote of the boards of trustees of these institutions
meeting jointly at a meeting called and conducted for this purpose by the
council, except that the first meeting for this purpose must be called and
conducted by the Governor. Each board is entitled to one vote. The initial
term of this member of the council is three years and thereafter his
successors shall serve terms of four years. If the member of the council
selected pursuant to this item is a member of one of these boards of
trustees, he shall serve as an ex officio member of the council;
(3) one member must be appointed by the State Board for Technical
and Comprehensive Education after consultation with the local governing
boards of the two-year technical colleges of this State. The initial term of
this member of the council is two years and thereafter his successors shall
serve terms of four years. If the member of the council selected pursuant
to this item is a member of the State Board for Technical and
Comprehensive Education or one of these local governing boards, he shall
serve as an ex officio member of the council;
(4) one member must be appointed by the Governor upon the
recommendation of the Independent Colleges and Universities of South
Carolina, Inc. This member also must be appointed by the Governor upon
the advice and consent of the Senate. The person recommended by this
organization may or may not be a member of the board of trustees of one
of the private four-year colleges or universities of this State. This member
must be appointed for an initial term of one year and thereafter his
successors must be appointed for terms of four years. This member of the
council shall serve as a nonvoting member.
(D) Proxy voting is allowed when selecting members of the council
under items (C)(1),(C)(2), and (C)(3) of this section.
(E) Vacancies on the council must be filled by appointment or
selection in the same manner of original appointment or selection for the
remainder of the unexpired term. All members of the council, except for
any ex officio members, shall serve until their successors have been
appointed and quality.
(F) All members of the council shall receive the usual mileage,
subsistence, and per diem paid to members of state boards, commission,
and committees.
Section 59-108-30. The council shall employ an executive director and
other staff as authorized by the General Assembly in the annual general
appropriations act. Funds for the necessary technical, administrative,
clerical, and other expenses of the council also must be as provided in the
annual general appropriations act.
Section 59-108-40. (A) On February 1, 1995, the powers, duties, and
functions of the State Commission on Higher Education are devolved upon
the South Carolina Council on Higher Education and the Commission on
Higher Education is abolished as of this date.
(B) In addition to the powers, duties, and functions of the council as
provided in subsection (A) of this section, the council, notwithstanding any
other provision of law to the contrary, shall have the following additional
duties and functions with regard to the various public institutions of higher
education:
(1) establish the missions of the various institutions of higher
education in this State;
(2) set admission standards for these institutions both for in-state
and out-of-state students;
(3) set acceptable ranges for tuition and fees of each institution;
(4) approve internal institutional budgets after funding therefor has
been made by the General Assembly in the annual general appropriations
act;
(5) establish personnel policies for these institutions consistent
with applicable laws and policies pertaining to institutions of higher
learning; and
(6) confirm the appointment of the president of each institution of
higher education as made by the board of trustees of that institution with
the power to remove any institution president for cause in the same manner
and for the same reasons that the Governor may remove local or state
public officials for cause as provided in Section 1-3-240(A). All
presidents of each institution of higher education of this State serving as
such on the effective date of this chapter shall continue to serve until
removed or replaced in the manner provided by law.
(C) Other than as provided by this chapter, the board of trustees
of each institution of higher education in this State shall continue to
function and operate in the manner now provided by law."
SECTION 3. As used in Chapter 103 of Title 59 of the 1976 Code relating
to the State Commission on Higher Education, and in any other provision
of law, the State Commission on Higher Education, unless the context
clearly indicates otherwise, the term "Commission on Higher
Education", "Commission", or any similar variation must
be construed to mean the Council on Higher Education as established by
Chapter 108 of Title 59 of the 1976 Code as contained in Section 2 of this
act.
SECTION 4. Section 59-103-10 of the 1976 Code is repealed.
SECTION 5. On the effective date of this act:
(A) the employees, authorized appropriations, and property of the
Commission on Higher Education are transferred to and become part of the
Council on Higher Education unless otherwise specifically provided by
law. All classified or unclassified personnel of the Commission on Higher
Education employed by the commission on the effective date of this act,
either by contract or by employment at will, shall become employees of
the Council on Higher Education, with the same compensation,
classification, and grade level, as applicable, unless and until changed by the
council.
(B) The regulations promulgated by the Commission on Higher
Education under its authority as provided by law are continued and are
considered to be promulgated by the Council on Higher Education unless
and until changed by the council.
SECTION 6. This act takes effect February 1, 1995.
-----XX----- |