1983-1984 Bill 805: Relating to the State College Board of Trustees

South Carolina General Assembly
105th Session, 1983-1984

Bill 805

                    Current Status

Bill Number:               805
Ratification Number:       401
Act Number:                354
Introducing Body:          Senate
Subject:                   Relating to the State College Board of
                           Trustees

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

(A354, R401, S805)

AN ACT TO AMEND SECTIONS 59-105-20 AND 59-105-30, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE TIME FOR ELECTION OF SUCCESSORS TO TRUSTEES WHOSE TERMS ARE EXPIRING, THE TIME FOR ELECTIONS TO FILL CERTAIN VACANCIES, AND THE EXPIRATION OF THE TERM OF A PERSON ELECTED TO FILL A VACANCY; SECTIONS 59-117-20 AND 59-117-30, BOTH AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA AND ITS GOVERNING BOARD, SO AS TO PROVIDE FOR THE EXPIRATION OF TERMS OF TRUSTEES WHOSE TERMS COMMENCED ON APRIL 1, 1982, THE EXTENSION OF TERMS OF TRUSTEES ELECTED FOR TERMS TO COMMENCE APRIL 1, 1984, AND THE COMMENCEMENT OF THEIR ENSUING TERMS ON JULY 1, 1988, THE TIME OF COMMENCEMENT AND EXPIRATION OF TRUSTEES' TERMS GENERALLY, THE TIME FOR ELECTION OF SUCCESSORS TO TRUSTEES WHOSE TERMS ARE EXPIRING, THE TIME FOR ELECTIONS TO FILL CERTAIN VACANCIES, AND THE EXPIRATION OF THE TERM OF A PERSON ELECTED TO FILL A VACANCY; SECTION 59-123-50, AS AMENDED, RELATING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND ITS GOVERNING BOARD, SO AS TO DELETE LANGUAGE CONCERNING THE FILLING OF VACANCIES ON THE BOARD OF TRUSTEES AND TO PROVIDE FOR THE TIME FOR ELECTION OF SUCCESSORS TO BOARD MEMBERS THE GENERAL ASSEMBLY ELECTS AND THE COMMENCEMENT OF THE ENSUING TERM OF OFFICE, THE TIME FOR ELECTIONS TO FILL CERTAIN VACANCIES, AND THE EXPIRATION OF THE TERM OF A PERSON ELECTED TO FILL A VACANCY; AND SECTIONS 59-119-40, 59-125-30, and 59-127-20, ALL AS AMENDED, RELATING, RESPECTIVELY, TO CLEMSON UNIVERSITY, WINTHROP COLLEGE, AND SOUTH CAROLINA STATE COLLEGE AND THEIR GOVERNING BOARDS, SO AS TO PROVIDE FOR THE EXPIRATION OF TERMS OF PRESENT ELECTIVE BOARD MEMBERS ON THE THIRTIETH DAY OF JUNE OF THE YEAR IN WHICH THEIR TERMS ARE SCHEDULED TO EXPIRE, THE TIME FOR ELECTION OF SUCCESSORS TO TRUSTEES WHOSE TERMS ARE EXPIRING AND THE COMMENCEMENT OF THE ENSUING TERM OF OFFICE, THE TIME FOR ELECTIONS TO FILL CERTAIN VACANCIES, AND THE EXPIRATION OF THE TERM OF A PERSON ELECTED TO FILL A VACANCY.

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

Successors to trustees

SECTION 1. Section 59-105-20 of the 1976 Code, as last amended by Act 130 of 1983, is further amended by adding at the end:

"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."

Elections

SECTION 2. Section 59-105-30 of the 1976 Code, as last amended by Act 130 of 1983, is further amended by adding at the end:

"Elections to fill vacancies which are caused by the death, resignation, or removal of an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired."

Terms of office

SECTION 3. Section 59-117-20 of the 1976 Code, as last amended by Act 130 of 1983, is further amended to read:

"Section 59-117-20. The regular term of office of each trustee elected by the General Assembly is four years; however, the trustee shall continue to function as a trustee after his term has expired until his successor is elected and qualifies. Trustees from the first, third, fifth, seventh, ninth, eleventh, twelfth, and thirteenth judicial circuits whose terms expire March 31, 1982, must next be elected for terms commencing on April 1, 1982, and those terms expire on June 30, 1986. Trustees from the second, fourth, sixth, eighth, tenth, fourteenth, fifteenth, and sixteenth judicial circuits elected for terms to commence April 1, 1984, shall have their terms extended to June 30, 1988, and must next be elected for terms commencing on July 1, 1988. Thereafter, the General Assembly shall hold elections every two years for the purpose of selecting successors of those trustees whose terms are then expiring. The term of office of an elective trustee commences on the first day of July of the year in which the trustee under this plan is scheduled to be elected and the term continues until the thirtieth day of June of the year in which the term is scheduled to expire. After 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. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina.

The term of office of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State and is four years. If the Governor, the chairman of the Senate Committee on Education, or the chairman of the House Committee on Education and Public Works chooses to designate a member to serve in his stead as permitted by Section 59-117-10, the appointment is effective upon certification to the Secretary of State and shall continue, at the pleasure of those making the appointment, so long as they continue to hold the specified office.

The term of the President of the Greater University of South Carolina Alumni Association is for the active term of office as president."

Elections

SECTION 4. Section 59-117-30 of the 1976 Code, as last amended by Act 130 of 1983, is further amended by adding at the end:

Terms of present members

SECTION 5. Section 59-119-40 of the 1976 Code, as last amended by Act 130 of 1983, is further amended by adding at the end:

"The terms of the present members of the board who are elected by the General Assembly 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 an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired."

Trustees to continue to serve

SECTION 6. Section 59-123-50 of the 1976 Code, as last amended by Act 130 of 1983, is further amended to read:

"Section 59-123-50. The present members of the board of trustees shall continue to serve until July 1, 1966, at which time their terms shall terminate and the members of the board to succeed the present members, and to fill the additional membership provided in Section 59-123-40, must be elected at a joint session of the General Assembly on the following dates: On the first Wednesday in February 1966, members representing the medical profession (medical doctor, dentist, registered nurse, or licensed pharmacist) and on the second Wednesday in February 1966, lay members or nonmedical members. One member of the medical profession from each congressional district and one layman or member of a nonmedical profession from each congressional district must be elected. The terms of all members elected commence on July 1, 1966. Of those first elected, the member who represents the medical profession from the first, second, and third congressional districts and lay members or members of the nonmedical profession from the fourth, fifth, and sixth congressional districts must be elected for terms of four years or until their successors are elected and qualify. The member of the board of trustees who represents the medical profession from the fourth, fifth, and sixth congressional districts and the members who are laymen or members of nonmedical professions from the first, second, and third congressional districts must be elected for terms of two years or until their successors are elected and qualify. Their successors must be elected for terms of four years or until their successors are elected and qualify. After 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 an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to succeed the member expires on the last day of June of the year in which the term of the former member would have expired. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina.

The term of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State and is four years. Any vacancy in the office of the member appointed by the Governor must be filled by appointment for the unexpired term in the same manner of original appointment. If the Governor, the Chairman of the Committee on Medical Affairs of the Senate, or the Chairman of the Committee on Medical, Military, Public and Municipal Affairs of the House of Representatives chooses to designate a member to serve in his stead, as permitted by Section 59-123-40, the appointment is effective upon certification to the Secretary of State and shall continue, at the pleasure of those making the appointment, so long as they continue to hold the specified office."

Term of office

SECTION 7. Section 59-125-30 of the 1976 Code, as last amended by Act 130 of 1983, is further amended to read:

"Section 59-125-30. The regular term of office of the elective members of the board of trustees is six years with the members first elected being elected two for two years, two for four years, and three for six years. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina. The General Assembly shall hold elections every even-numbered year to fill vacancies as they occur in the board by the expiration of terms of office. 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. After 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. Elections to fill vacancies which are caused by the death, resignation, or removal of an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired. When there is a vacancy otherwise occurring in the board of trustees among the elected members, the Governor may fill it by appointment until the next session of the General Assembly. The successors to the two present members who are graduates of Winthrop College appointed by the Winthrop College Alumnae Association or its successors must 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 must be elected at the similar annual meeting every four years thereafter. The names of the two so elected must be certified to the Secretary of State by the president and secretary of the association and they shall take office immediately after the certification. The term of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State and is six years. Any vacancy in the office of the member appointed by the Governor must be filled by appointment of the Governor for the unexpired term in the same manner of original appointment. If the Chairman of the Committee on Education of the Senate or the Chairman of the Committee on Education and Public Works of the House of Representatives chooses to designate a member to serve in his stead, as permitted by Section 59-125-20, the appointment is effective upon certification to the Secretary of State and shall continue, at the pleasure of those making the appointment, so long as they continue to hold the specified office."

Terms of present members

SECTION 8. Subsection A of Section 59-127-20 of the 1976 Code, as last amended by Act 130 of 1983, is further amended by adding at the end:

"The terms of the present members of the board who are elected by the General Assembly expire on the thirtieth day of June of the year in which the terms are scheduled to expire. After 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 an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired."

Time effective

SECTION 9. This act shall take effect upon approval by the Governor.