1983-1984 Bill 2285: State College Board of Trustees, successors to members

South Carolina General Assembly
105th Session, 1983-1984

Bill 2285

                    Current Status

Bill Number:               2285
Ratification Number:       224
Act Number                 132
Introducing Body:          House
Subject:                   State College Board of Trustees,
                           successors to members

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A132, R224, H2285)

AN ACT TO AMEND SECTIONS 59-105-20 AND 59-105-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTIONS 59-117-10, 59-117-20, 59-117-30, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, TO AMEND SECTION 59-119-40, RELATING TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY; TO AMEND SECTION 59-121-30, RELATING TO THE BOARD OF VISITORS OF THE CITADEL: TO AMEND SECTION 59-123-50, RELATING TO THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA; TO AMEND SECTION 59-125-30, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP COLLEGE; AND TO AMEND SECTION 59-127-20, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO REVISE THE TERMS OF CERTAIN MEMBERS OF THESE BOARDS SO THAT THE TERMS OF ALL MEMBERS OF THESE BOARDS WHO ARE ELECTED BY THE GENERAL ASSEMBLY SHALL EXPIRE ON THE THIRTIETH DAY OF JUNE OF THE YEAR IN WHICH THE TERMS ARE SCHEDULED TO EXPIRE, TO PROVIDE THAT SUCCESSORS TO MEMBERS OF THESE BOARDS SHALL BE ELECTED NO SOONER THAN THE FIRST DAY OF APRIL OF THE YEAR IN WHICH THE SUCCESSOR'S TERM IS TO COMMENCE AND TO PROVIDE EXCEPTIONS FOR ELECTIONS TO FILL VACANCIES CAUSED BY DEATH, RESIGNATION, OR REMOVAL OF A TRUSTEE.

Be it enacted by the General Assembly of the State of South Carolina:

Terms of office

SECTION 1. Section 59-105-20 of the 1976 Code is amended to read:

"Section 59-105-20. Of those first appointed, the terms of office shall be as follows: Those appointed from the odd-numbered judicial circuits shall be for a term of two years, and those appointed from the even-numbered judicial circuits shall be for a term of four years. In all subsequent elections the regular term of office of each elective trustee shall be four years; however, such trustee shall continue to function as a trustee after his term has expired until his successor shall have been elected and qualifies. The term of office of an elective trustee shall commence on the first day of July of the year in which such trustee under this plan is scheduled to be elected. Beginning with its 1984 session, the General Assembly shall elect successors to those trustees whose terms are expiring no sooner than the first day of April of the year in which the successor's term is to commence."

Vacancies

SECTION 2. Section 59-105-30 of the 1976 Code is amended to read:

"Section 59-105-30. In case a vacancy should occur on the board, the Governor may fill it by appointment until the next session of the General Assembly. Elections to fill vacancies which are caused by the death, resignation or removal of a trustee may be held earlier than the first day of April of the year in which the unexpired term terminates; provided, that the term of the person elected to fill the vacancy shall expire on the last day of June

of the year in which the term of the former member would have expired. Members of the board shall be entitled to subsistence, per diem and mileage authorized for members of state boards, committees and commissions."

Composition of board

SECTION 3. Section 59-117-10 of the 1976 Code is amended to read:

"Section 59-117-10. The board of trustees of the University of South Carolina shall be composed of the Governor of the State, the State Superintendent of Education, and the chairman of the committees on education of the Senate and House of Representatives, which four shall be members ex officio of the board, and sixteen other members, one from each judicial circuit in this State, to be elected by the general vote of the General Assembly as hereinafter provided."

Term

SECTION 4. Section 59-117-20 of the 1976 Code is amended to read:

"Section 59-117-20. The regular term of office of each trustee elected by the General Assembly shall be four years, however, such trustee shall continue to function as a trustee after his term has expired until his successor shall have been elected and qualified. The present members of the board who are elected by the General Assembly shall continue to serve until the thirtieth day of June of the year in which their terms are scheduled to expire. Beginning with its 1984 session, the General Assembly shall elect successors to those elective trustees whose terms are expiring not earlier than the first day of April of the year the term expires. The term of office of an elective trustee shall commence on the first day of July of the year in which such trustee under this plan is scheduled to be elected."

Vacancy

SECTION 5. Section 59-117-30 of the 1976 Code, as last amended by Act 532 of 1978, is further amended to read:

"Section 59-117-30. In case a vacancy should occur in the board the Governor may fill it by appointment until the next session of the General Assembly. Elections to fill vacancies which are caused by the death, resignation or removal of a trustee may be held earlier than the first day of April of the year in which the unexpired term terminates; provided that the term of the person elected to fill the vacancy shall expire on the last day of June of the year in which the term of the former member would have expired. Each member of the board shall draw such per diem and expenses as from time to time may be allowed boards, commissions and committees."

Terms

SECTION 6. Section 59-119-40 of the 1976 Code is amended by adding at the end:

"The terms of the present members of the board who are elected by the General Assembly shall expire on the thirtieth day of June of the year in which the terms are schedule to expire. Beginning with its 1984 session, the General Assembly shall elect successors to the elective trustees not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies on the board which are caused by the death, resignation or removal of a trustee may be held earlier than the first day of April of the year in which the unexpired term terminates; provided, that the term of the person elected to fill the vacancy shall expire on the last day of June of the year in which the term of the former member would have expired."

Vacancies

SECTION 7. Section 59-121-30 of the 1976 Code is amended to read:

"Section 59-121-30. The General Assembly shall hold an election to fill vacancies occurring due to expiration of terms no earlier than the first day of April of the year the term expires and as necessary to fill unexpired terms which are caused by the death, resignation or removal of a trustee, except that vacancies of unexpired terms of members elected by the Association of Citadel Men shall be filled in the same manner as is provided for by Section 59-121-10. No elective member shall be elected or re-elected either by the General Assembly or by the Association of Citadel Men to fill any term of office the duration of which shall extend beyond the member's seventy-fifth birthday."

Election of successors

SECTION 8. Section 59-123-50 of the 1976 Code is amended by adding at the end:

"Beginning with its 1984 session, the General Assembly shall elect successors to those members it elects not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies on the board which are caused by the death, resignation or removal of a trustee may be held earlier than the first day of April of the year in which the unexpired term terminates; provided, that the term of the person elected to succeed such member shall expire on the last day of June of the year in which the term of the former member would have expired."

Term

SECTION 9. Section 59-125-30 of the 1976 Code is amended to read:

"Section 59-125-30. The regular term of office of the elective members of the board of trustees shall be six years with the members first elected being elected two for two years, two for four years, and three for six years. The present elective members of the board of trustees shall continue to serve until the thirtieth day of June of the year in which their terms are scheduled to expire. Beginning with its 1984 session, the General Assembly shall elect successors to those trustees whose terms are expiring not earlier than the first day of April for a term to begin the following July first. When there is a vacancy otherwise occurring in the board of trustees the Governor may fill it by appointment until the next session of the General Assembly. Elections to fill vacancies which are caused by the death, resignation or removal of a trustee may be held earlier than the first day of April of the year in which the unexpired term terminates; provided that the term of the person elected to fill the vacancy shall-expire on the last day of June of the year in which the term of the former member would have expired. The successors to the two present members who are graduates of Winthrop College appointed by the Winthrop College Alumnae Association or its successors shall be elected by the members of the Winthrop College Alumnae Association at its annual meeting held at Winthrop College during commencement week in 1958 and they shall serve for a term of four years and their successors shall be elected at the similar annual meeting every four years thereafter. The names of the two so elected shall be certified to the Secretary of State by the president and secretary of the association and they shall take office immediately after such certification."

Terms

SECTION 10. Section 59-127-20 of the 1976 Code is amended by adding at the end:

"The terms of the present members of the board who are elected by the General Assembly shall expire on the thirtieth day of June of the year in which the terms are scheduled to expire. Beginning with its 1984 session, the General Assembly shall elect successors to the elective trustees not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies on the board which are caused by the death, resignation or removal of a trustee may be held earlier than the first day of April of the year in which the unexpired term terminates; provided, that the term of the person elected to fill the vacancy shall expire on the last day of June of the year in which the term of the former member would have expired."

Time effective

SECTION 11. This act shall take effect upon approval by the Governor.