1995 LEGISLATIVE SUMMARY

First Annual Session
111th General Assembly of South Carolina

Prepared by Office of Senate Research
Copyright © 1995 by South Carolina Senate



Expulsion for Possession of a Weapon on School Property
(R.68, S.482, Act 39)
[Effective 5/17/95]

This act amends Chapter 63 of Title 59, relating to pupils generally, by adding Section to provide that a school district board of trustees must expel a student who brought a firearm to school or any setting under the jurisdiction the board for no less than one year. This one-year expulsion is subject to modification by the district superintendent of education on a case-by-case basis. Each local board of trustees must establish a policy requiring the student to be referred to the local county office of the Department of Juvenile Justice or its representative.

Financing Agreements and Governmental Entities
(R.94, S.48, Act 55)
[Effective 6/7/95]

This act amends Chapter 27 of Title 11, relating to bonded indebtedness, by adding Section to place limitations on finance agreements entered into by governmental entities and to provide that the principal amount of a lease purchase or financing agreement is subject to the constitutional debt limit for political subdivisions and that payments made by the state under such an agreement are deemed general obligation debt service for purposes of the constitutional debt service limit on the state. Section also provides that the calculation of the limitation on general obligation bonded indebtedness for future general obligation bond issues must include the principal balance of any outstanding financing agreement.

Section is added to Chapter 17 of Title 59, relating to school districts, to provide that school bonds called before maturity may be reissued only if the payoff amount and the amount necessary to service the reissued bonds does not increase by more than eight percent in a year the debt service on the original bonded indebtedness and does not exceed a school district's debt limit.

Reporting of Financial Information by Medical Schools
(R.115, S.611, Act 72)
[Effective 6/13/95]

This act amends Chapter 101 of Title 59, relating to colleges and institutions of higher learning, by adding Section so as to require each medical school and its affiliates receiving an appropriation from the state, by September first, to provide to the General Assembly a written report for the prior fiscal year containing the total compensation paid or accrued by the medical school, a description of each element of compensation, the source of the compensation, the number of out-of-state students, and the total number of students in each academic program. Under the former law, recovery of costs for medical assistance included costs for any item or service provided under the State Medical Plan.

State Commission on Higher Education
(R.210, S.365, Act 137)
[Signed by the Governor 6/28/95]

This act amends Section , relating to the State Commission on Higher Education, so as to increase membership from eight to fourteen members. The membership must be as follows:

  1. one at-large member appointed by the Governor to serve as a chairman for one four-year term and who may be reappointed for an additional four-year term, but not as chairman;
  2. one representative appointed by the Governor from each of the six congressional districts who have not been an employee or member of a governing board of a public or private institution during the succeeding five years or had a family member employed by or who has served on a governing board of any public college or university. These representatives may not serve more than two consecutive four-year terms, must reside in the district, and must have experience in the area of business, education of future leaders, management, or policy;
  3. three members appointed by the Governor from the state at large to serve no more than two consecutive four-year terms who have experience in the area of business, education of future leaders, management, or policy;
  4. three representatives appointed by the Governor from public colleges and universities who are members of the governing boards. The two-year term must be rotated among the institutions; and
  5. one representative of the independent colleges and universities who is serving as a member of the Advisory Council of Private College Presidents as an ex-officio and non-voting member who may serve no more than a two-year term. All members of the Commission serve until their successors are appointed and qualify.

Section is added to give to the Commission on Higher Education the following duties: the establishment of transferability procedures for undergraduate courses between two-year and four-year schools; coordination with the State Board of Education for approval of secondary education courses in order to determine minimum college entrance requirements; and, review of minimum undergraduate admissions standards for in-state and out-of-state students.

This act further amends Section , relating to recommendations of the Commission on Higher Education to the Budget and Control Board and the General Assembly, so as to provide that recommendations be made to the Governor's Office rather than to the Budget and Control Board. In addition to the State Budget and Control Board, the House Ways and Means Committee and Senate Finance Committee may refer to the Commission for investigation.

Section , relating to the Professional Staff of the Commission, is amended to provide for the appointment of an executive director of the Commission to carry out duties as prescribed by law. The executive director may be dismissed by the Commission without cause.

This act also establishes a twelve member joint legislative committee to study the governance and operation of higher education in South Carolina as well as the state's institutional structures and provides specific guidelines on appointment qualifications for each of the four appointments made by the House, the Senate, and the Governor. At least one staff person is to be transferred to this committee from the Legislative Audit Council and from the State Reorganization Commission for the duration of the study. This committee shall issue its final report to the House Education and Public Works Committee and the Senate Education Committee by February 1, 1996 at which time this joint committee will be dissolved.

Appropriation Act, Part II Permanent Provisions
(R.211, H.3362, Act)

SECTION 80 - Mandatory Minute of Silence in Schools

This section amends Chapter 1 of Title 59, relating to the general education provisions, by adding Section , so as to provide for a minute of mandatory silence at the beginning of each school day in all schools.

SECTION 82 - Establishment of the South Carolina Educational Assistance Endowment Fund

This section amends Title 59, relating to education, by adding Chapter 143 to establish the South Carolina Educational Assistance Endowment Fund.

Section establishes the South Carolina Educational Assistance Fund. Revenue received pursuant to Section (C), relating to fees collected from waste disposal, must be deposited in a separate fund entitled the "Educational Assistance Endowment Fund." Income earned by the fund will be used to provide funding for Public School Facilities Assistance Program and Higher Education Scholarship Grants. For purposes of allocation to the Higher Education Scholarship Grants Program, the Budget and Control Board shall release a minimum of ten million dollars annually beginning with the fiscal year.

Section is added to provide the Budget and Control Board authorization to issue revenue bonds for the Public School Facilities Assistance Program.

SECTION 95 - Single Gender Education Policy

This section declares that the policy of the State of South Carolina is that single-gender education is both beneficial and justifiable and adopts the findings of fact in the V.M.I. decision, 44 F.3d 1229
(4th Cir. 1995), as the basis for the State's policy in crafting a framework for the establishment and maintenance of single-gender programs of higher learning for both sexes. The section also requires the General Assembly to provide such annual funding as may be necessary to establish and maintain approved single-gender offerings.

SECTION 109 - Raise Outstanding State Institution Bonds Limit to $90 Million

This section amends Section , relating to the maximum amount of outstanding state institution bonds, so as to raise the maximum amount from sixty to ninety million dollars.

SECTION 111 - Felton-Laboratory School at South Carolina State University Funding

Section is added to Chapter 127 of Title 59, relating to South Carolina State University, so as to designate funds received from the higher education formula of the Commission on Higher Education to the Felton-Laboratory School. The amount of funds is calculated by the Department of Education based on the amounts the School would have received under the Education Finance Act, the Education Improvement Act, and other district aid.

* SECTION 114 - Joint Bond Review Committee to Oversee Disposition of the Medical University of South Carolina Property
[Effective 7/1/95]

This section increases the membership on the Joint Bond Review Committee by six members for matters relating to the disposition of real or personal property belonging to the Medical University of South Carolina (MUSC) valued at greater than twenty-five million dollars. Three members are to be chosen from the House of Representatives by the Speaker of the House and three members are to be chosen from the Senate by the Lieutenant Governor. These selections must be made by July 1, 1995. The Bond committee is charged with approving or disapproving any transaction proposed by the MUSC Board.

* For explanation, see second paragraph of cover memo.