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May 26, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Lexington County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Thomas H. Rawl, III, 304 South Lake Drive, Lexington, S.C. 29072

Received as information.

The Honorable Marshall B. Williams
President Pro Tempore
South Carolina Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Senator Williams:

This refers to R. 67 (1995), which provides for the redistricting of the Senate of the State of South Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on May 17, 1995; supplemental information was received May 23 and 24, 1995.

The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change. In addition, as authorized by

Because the redistricting of the South Carolina Senate is at issue in Statewide Reapportionment Advisory Committee v. Beasley, C.A. Nos. 3:91-3310-1 and 3:91-2983-1 (D.S.C.), we are filing a Notice of Decision in that case which attaches a copy of this determination letter.

Sincerely,
Deval L. Patrick
Assistant Attorney General
Civil Rights Division

May 30, 1995
Mr. Frank Caggiano
Clerk of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. Caggiano:

Under date of May 30, 1995, the State Election Commission certified to this office the results of the election of Senate District Seven held in Greenville County on May 23, 1995. The certification shows that Honorable Sammy Boan has been elected Senator for Senate District Seven.

I, therefore, certify that the Honorable Sammy Boan has been elected as Senator for Senate District Seven for a term as prescribed by law.

Yours very truly,
Jim Miles
Secretary of State

May 30, 1995
The Honorable Bob Peeler
Lieutenant Governor
State House, 1st Floor, East Wing
Post Office Box 142
Columbia, S.C. 29211

Dear Lieutenant Governor Peeler:

This is to advise that Mr. Sammy Boan, Republican, was certified as the official winner at a special election for Senate District 7 held in Greenville County on May 23, 1995.

Very truly yours,
James F. Hendrix
Executive Director

The PRESIDENT recognized Senator WILLIAMS who welcomed Senator O. SAMUEL "SAMMY" BOAN, JR., District 7 (Greenville County).

On motion of Senator WILLIAMS, with unanimous consent, Senator BOAN presented himself at the Bar and the oath of office was administered to him by the PRESIDENT.

Desk 45 Senator BOAN

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Breeland, Waldrop and Whatley of the Committee of Conference on the part of the House on:

Received as information.

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR MCCORMICK COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, PROVIDE FOR APPROPRIATIONS FOR THE OPERATION OF THE BOARD, PROVIDE FOR NECESSARY OFFICE SPACE, TELEPHONE SERVICE, AND EQUIPMENT FOR THE BOARD, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE MCCORMICK COUNTY ELECTION COMMISSION AND THE MCCORMICK COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW MCCORMICK COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS

Very respectfully,
Speaker of the House

Received as information.

Senator WILSON introduced Dr. Robert Mearns of Lexington, S.C., Doctor of the Day.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL 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.

Senator SETZLER spoke on the report.

On motion of Senator SETZLER, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators SETZLER, BRYAN and STILWELL to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator SETZLER, the Report of the Committee of Free Conference to S. 365 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL 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 bill do pass amended as follows:

Strike all after the enacting words and insert:

/SECTION 1. Section 59-103-10 of the 1976 Code is amended to read:

"Section 59-103-10. 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 fourteen 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 members appointed from the State at-large, 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) Nine members, six to represent each of the congressional districts of this State appointed by the Governor upon the recommendation of the majority of the legislative delegation members from the district and three members appointed from the State at-large upon the advice and consent of the Senate. Each representative of a congressional district must be a resident of the congressional district they represent. In order to qualify for appointment, the representatives from the congressional districts and those appointed at-large 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 or appointed at-large must not have been, during the succeeding five years, a member of a governing body of a public institution of higher

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 appointed by the Governor with the advice and consent of the Senate. It shall not be a conflict of interest for any voting ex officio member to vote on matters pertaining to their individual college or university. One member must be serving on the board of trustees of one of the public senior research institutions, one member must be serving on the board of trustees of one of the four-year public institutions of higher learning, and one member must be 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 with terms to rotate among the institutions.

(3) One ex officio member to represent the independent colleges and universities by the Governor upon the advice and consent of the Senate. 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 and shall serve as a nonvoting member.

(4) One at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. This member must be appointed for a term of four years and may be reappointed for one additional term, however, he may serve only one term as chairman.

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

SECTION 2. The 1976 Code is amended by adding:

"Section 59-103-45. In addition to the powers, duties, and functions of the Commission on Higher Education as provided by law, the commission, 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 procedures for the transferability of courses at the undergraduate level between two-year and four-year institutions or schools;

(2) coordinate with the State Board of Education in the approval of secondary education courses for the purpose of determining minimum college entrance requirements; and

(3) review minimum undergraduate admissions standards for in-state and out-of-state students."

SECTION 3. 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 4. 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 Employee Grievance Procedure Act of 1982 and may be dismissed without cause.

SECTION 5. A joint legislative committee to study the governance and operation of higher education in South Carolina and the institutional structures of higher education is established as follows:

(1) four members of the committee shall be appointed by the Speaker of the House of Representatives from that body and four members shall be appointed by the President Pro Tempore of the Senate from that body. At least one member of the committee appointed by the Speaker of the House from that body and at least one member of the committee appointed by the President Pro Tempore of the Senate from that body shall be an African-American, and at least one other member of the committee appointed by the Speaker of the House from that body and the President Pro Tempore of the Senate from that body must be a female. Four members of the committee must be appointed by the Governor, two of whom must represent the business community, one of whom must be an institutional trustee elected by the General Assembly, and one who must be a member of the Commission on Higher Education. A chairman shall be elected from among the membership of the committee. The committee shall be convened no later than July 1, 1995.

(2) The committee shall:

(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

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