1983-1984 Bill 2096: State College Board of Trustees - South Carolina Legislature Online

South Carolina General Assembly
105th Session, 1983-1984

Bill 2096

                    Current Status

Bill Number:               2096
Ratification Number:       221
Act Number                 130
Introducing Body:          House
Subject:                   State College Board of Trustees

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

(A130, R221, H2096)

AN ACT TO AMEND SECTIONS 59-105-10, 59-105-20, AND 59-105-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE COLLEGE BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, THAT THE APPOINTMENT AND ELECTION OF MEMBERS MUST BE BASED ON MERIT REGARDLESS OF RACE, COLOR, CREED, OR GENDER AND REPRESENTATIVE OF ALL STATE CITIZENS, THE PROCEDURE TO BE USED IN FILLING A VACANCY OCCURRING IN THE BOARD OFFICE APPOINTED BY THE GOVERNOR, AND THE TERM OF THE NEW MEMBER; SECTIONS 59-117-10, 59-117-20, 59-117-30, AS AMENDED, AND 59-117-50, RELATING TO THE COMPOSITION, TERMS, AND MEETINGS OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO CORRECT AN ERRONEOUS REFERENCE CONCERNING THE NUMBER OF JUDICIAL CIRCUITS, PROVIDE FOR EX OFFICIO BOARD MEMBERSHIP OF THE PRESIDENT OF THE GREATER UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION, THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, THAT THE APPOINTMENT AND ELECTION OF MEMBERS MUST BE BASED ON MERIT REGARDLESS OF RACE, COLOR, CREED, OR GENDER AND REPRESENTATIVE OF ALL STATE CITIZENS, TERMS OF OFFICE OF TRUSTEES, TO PERMIT THE GOVERNOR, CHAIRMAN OF THE SENATE COMMITTEE ON EDUCATION, OR CHAIRMAN OF THE HOUSE COMMITTEE ON EDUCATION AND PUBLIC WORKS TO DESIGNATE A MEMBER TO SERVE IN HIS STEAD, THE PROCEDURE TO BE USED IN FILLING A VACANCY OCCURRING IN THE BOARD OFFICE APPOINTED BY THE GOVERNOR, THE PROCEDURE FOR AND SCHEDULE OF MEETINGS OF THE BOARD, AND THE TERM OF THE NEW MEMBER; SECTIONS 59-121-10 AND 59-121-20, RELATING TO THE COMPOSITION AND TERMS OF THE BOARD OF VISITORS OF THE CITADEL, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, THAT THE APPOINTMENT AND ELECTION OF MEMBERS MUST BE BASED ON MERIT REGARDLESS OF RACE OR ECONOMIC STATUS AND REPRESENTATIVE OF ALL STATE CITIZENS, TO PERMIT THE CHAIRMAN OF THE SENATE COMMITTEE ON EDUCATION OR CHAIRMAN OF THE HOUSE COMMITTEE ON EDUCATION AND PUBLIC WORKS TO DESIGNATE A MEMBER TO SERVE IN HIS STEAD, AND THE TERM OF THE NEW MEMBER; SECTIONS 59-123-40 AND 59-123-50, RELATING TO THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, THAT THE APPOINTMENT AND ELECTION OF MEMBERS MUST BE BASED ON MERIT REGARDLESS OF RACE, COLOR, CREED, OR GENDER AND REPRESENTATIVE OF ALL STATE CITIZENS, TO PERMIT THE GOVERNOR, CHAIRMAN OF THE SENATE COMMITTEE ON EDUCATION, OR CHAIRMAN OF THE HOUSE COMMITTEE ON EDUCATION AND PUBLIC WORKS TO DESIGNATE A MEMBER TO SERVE IN HIS STEAD, THE PROCEDURE TO BE USED IN FILLING A VACANCY OCCURRING IN THE BOARD OFFICE APPOINTED BY THE GOVERNOR, AND THE TERM OF THE NEW MEMBER; SECTIONS 59-125-20 AND 59-125-30, RELATING TO THE COMPOSITION OF THE BOARD OF TRUSTEES OF WINTHROP COLLEGE, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, THAT THE APPOINTMENT AND ELECTION OF MEMBERS MUST BE BASED ON MERIT REGARDLESS OF RACE, COLOR, CREED, OR GENDER AND REPRESENTATIVE OF ALL STATE CITIZENS, TO PERMIT THE CHAIRMAN OF THE SENATE COMMITTEE ON EDUCATION OR CHAIRMAN OF THE HOUSE COMMITTEE ON EDUCATION AND PUBLIC WORKS, TO DESIGNATE A MEMBER TO SERVE IN HIS STEAD, THE PROCEDURE TO BE USED IN FILLING A VACANCY OCCURRING IN THE BOARD OFFICE APPOINTED BY THE GOVERNOR, AND THE TERM OF THE NEW MEMBER; SECTION 59-127-20, RELATING TO THE COMPOSITION, ELECTION, AND TERMS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, THAT THE APPOINTMENT AND ELECTION OF MEMBERS MUST BE BASED ON MERIT REGARDLESS OF RACE, COLOR, CREED, OR GENDER AND REPRESENTATIVE OF ALL STATE CITIZENS, THE PROCEDURE TO BE USED IN FILLING A VACANCY OCCURRING IN THE BOARD OFFICE APPOINTED BY THE GOVERNOR, THE TERM OF THE NEW MEMBER, AND FOR BOARD MEMBERS TO RECEIVE SUBSISTENCE, PER DIEM, AND MILEAGE ALLOWANCE; AND SECTION 59-119-40, RELATING TO THE COMPOSITION, ELECTION, AND TERMS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE THAT THE ELECTION OF MEMBERS MUST BE BASED ON MERIT REGARDLESS OF RACE, COLOR, CREED, OR GENDER AND REPRESENTATIVE OF ALL STATE CITIZENS.

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

State College Board of Trustees created

SECTION 1. Section 59-105-10 of the 1976 Code is amended to read:

"Section 59-105-10. A. There is hereby created a State College Board of Trustees (hereinafter called 'the board') which shall be composed of one member from each judicial circuit in the State, initially appointed by the Governor upon the advice and consent of the Senate and thereafter to be elected by the general vote of the General Assembly as hereinafter provided.

The board shall be the governing body of Francis Marion College at Florence and of any four-year state-supported college created hereafter in this State.

The board shall act in an advisory capacity until July 1, 1970, at which time it shall assume full jurisdiction.

The present governing body of the college shall act in an advisory capacity to the board until July 1, 1970, at which time all of its duties and responsibilities shall be devolved upon the board.

B. In addition to the members of the board from the judicial circuits authorized in subsection A, there shall be one additional member of the board appointed by the Governor from the State at-large for a term of office of four years. The Governor shall make the appointment 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 shall be effective upon certification to the Secretary of State."

Terms

SECTION 2. 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 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 shall commence on the first day of July of the year in which such trustee under this plan is scheduled to be elected. 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."

Vacancies

SECTION 3. 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; however, a vacancy occurring in the office on the board authorized by subsection B of Section 59-105-10 shall be filled for the remainder of the unexpired term by appointment in the same manner of original appointment.

Members of the board shall be entitled to subsistence, per diem and mileage authorized for members of state boards, committees and commissions."

Composition of boards of trustees of University of South Carolina

SECTION 4. 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 (or his designee), the State Superintendent of Education, the Chairman of the Senate Committee on Education (or his designee from that committee), the Chairman of the House Committee on Education and Public Works (or his designee from that committee), and the President of the Greater University of South Carolina Alumni Association, which five shall be members ex officio of the board; and seventeen other members including one member from each of the sixteen judicial circuits to be elected by the general vote of the General Assembly as hereinafter provided, and one at-large member appointed by the Governor. The Governor shall make the appointment 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."

Term

SECTION 5. 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. Those trustees from the first, third, fifth, seventh, ninth, eleventh, twelfth and thirteenth judicial circuits whose terms expire March 31, 1982, shall next be elected for terms commencing on April 1, 1982. Those trustees from the second, fourth, sixth, eighth, tenth, fourteenth, fifteenth and sixteenth judicial circuits whose present terms expire March 31, 1984, shall next be elected for terms commencing on April 1, 1984. 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 shall commence on the first day of April of the year in which such trustee under this plan is scheduled to be elected. 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 shall be effective upon certification to the Secretary of State and shall be 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 such appointment shall be 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 shall be for the active term of office as President."

Vacancies

SECTION 6. 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 among the members elected by the General Assembly, the Governor may fill it by appointment until the next session of the General Assembly. Any vacancy occurring in the office of the member appointed by the Governor shall be filled for the remainder of the unexpired term by appointment in the same manner of original appointment. Each member of the board shall draw such per diem and expenses as from time to time may be allowed boards, commissions, and committees."

Meetings of board

SECTION 7. Section 59-117-50 of the 1976 Code is amended to read:

"Section 59-117-50. The board of trustees shall meet not less frequently than quarterly, the time and place of each such regular meeting to be fixed by the chairman of the board or otherwise as the board of trustees shall provide. If the Governor chooses to serve as an ex officio member of the board, he shall preside at all regular and special meetings of the board of trustees in which he is in attendance. At those meetings at which the Governor is not in attendance the chairman of the board of trustees shall preside and in his absence such member shall preside as the board may select. The Governor of the State (if serving as an ex officio member of the board), the chairman of the board of trustees, and the president of the University shall each have the power to call a special meeting of the board of trustees and fix the time and place thereof. Any five members of the board shall likewise have this power. A majority of the members of the board of trustees shall constitute a quorum for the transaction of all business of the board but not less than a majority vote of the whole board shall be required for the election or removal of a president. It shall be the duty of the president and other officers as well as members of the faculty to attend meetings of the board of trustees when requested to do so.

Notice of the time and place of all meetings, both regular and special meetings, of the board of trustees of the University of South Carolina shall be mailed by the secretary or his assistant to each trustee not less than five days before each meeting thereof."

Composition of Board of Visitors of The Citadel

SECTION 8. Section 59-121-10 of the 1976 Code is amended to read:

"Section 59-121-10. The board of visitors of the Citadel, the Military College of South Carolina, shall be composed of the Governor, the Adjutant General, the State Superintendent of Education, the Chairman of the General Committee of the Senate (or his designee from that committee) and the Chairman of the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives (or his designee from that committee), who shall be members ex officio of the board, and eleven others who shall be graduates of the college, seven of whom are to be elected by joint vote of the General Assembly as hereinafter provided, three of whom are to be elected by such means and methods as may be determined by the Association of Citadel Men or any succeeding organization of Citadel men, the result of election to be certified by the president of the association to the Secretary of State, and one of whom shall be appointed by the Governor. The Governor shall make the appointment based on merit regardless of race or economic status and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina."

Terms

SECTION 9. Section 59-121-20 of the 1976 Code is amended to read:

"Section 59-121-20. The regular terms of office of the elected members in office on April 18, 1947, who are still in office shall end on the last day of June in the years stated in the table in Act 108 of the regular session of 1947 (Acts 1947, p. 144). The regular terms of office of the elected members who were not in office on that date and of all members hereafter elected shall be six years; provided, that the third member authorized to be elected by the Association of Citadel Men shall serve an initial term of four years. All elected terms shall begin on the first day of July and end on the last day of June; provided, however, that each incumbent shall be entitled to hold office until his successor is duly elected. In electing members of the board, the General Assembly shall elect members based on merit regardless of race or economic status 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 shall be effective upon certification to the Secretary of State and shall be six years. If the Chairman of the General Committee of the Senate or the Chairman of the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives chooses to designate a member to serve in his stead, as permitted by Section 59-121-10, such appointment shall be 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."

Composition of Board of Trustees

SECTION 10. Section 59-123-40 of the 1976 Code is amended to read:

"Section 59-123-40. The management and control of the university shall be vested in a board of trustees, to be composed as follows: The Governor (or his designee), the Chairman of the Committee on Medical Affairs of the Senate (or his designee from that committee), the Chairman of the Committee on Medical, Military, Public and Municipal Affairs of the House of Representatives (or his designee from that committee), ex officio, twelve members to be elected by the General Assembly in joint assembly and one member to be appointed by the Governor. The Governor shall make the appointment 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."

Present members shall continue to serve

SECTION 11. Section 59-123-50 of the 1976 Code is 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, shall 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 shall be elected. The terms of all members elected shall commence as of 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 shall 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 shall be elected for terms of two years or until their successors are elected and qualify. Their successors shall be elected for terms of four years or until their successors are elected and qualify. Any vacancy on the board of trustees shall be filled in the manner of the original election for the unexpired portion of the term. 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 shall be effective upon certification to the Secretary of State and shall be four years. Any vacancy in the office of the member appointed by the Governor shall 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, such appointment shall be 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."

Board of Trustees of Winthrop College

SECTION 12. Section 59-125-20 of the 1976 Code is amended to read:

"Section 59-125-20. A. The board of trustees of Winthrop College shall be composed of the Governor, the State Superintendent of Education, the Chairman of the Committee on Education of the Senate (or his designee from that committee), and the Chairman of the Committee on Education and Public Works of the House of Representatives (or his designee from that committee) who shall be members ex officio of the board, seven other members each to be elected by the joint vote of the General Assembly, as hereinafter provided, and two graduates of Winthrop College to be appointed by the Winthrop College Alumni Association or its successors, as hereinafter provided.

B. In addition to the members of the board in subsection A, there shall be one additional member of the board appointed by the Governor. The Governor shall make the appointment 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."

Term of office

SECTION 13. 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. 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. 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 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. The term of the at-large trustee appointed by the Governor shall be effective upon certification to the Secretary of State and shall be six years. Any vacancy in the office of the member appointed by the Governor shall 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, such appointment shall be 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."

Board of Trustees - S. C. State College

SECTION 14. Section 59-127-20 of the 1976 Code is amended to read:

"Section 59-127-20. A. South Carolina State College shall be under the management and control of a board of trustees, composed of nine members, eight of whom shall be elected by the General Assembly, whose term of office shall be six years, the first six elected having been elected for terms of two, four, and six years, so that two of them go out of office every two 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. One of the elected members shall be an alumnus of the South Carolina State College. The Governor of the State shall be ex officio the ninth member of the board of trustees. In case a vacancy or vacancies should occur on the board, the Governor may fill it by appointment until the next session of the General Assembly. Members of the board shall be entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.

B. In addition to the members of the board in subsection A, there shall be one additional member of the board appointed by the Governor for a term of six years. The Governor shall make the appointment 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 shall be effective upon certification to the Secretary of State. Any vacancy in the office of the member appointed by the Governor shall be filled by appointment of the Governor for the unexpired term in the same manner of original appointment."

Composition of board

SECTION 15. Section 59-119-40 of the 1976 Code is amended to read:

"Section 59-119-40. The university shall be under the management and control of a board of thirteen trustees, composed of the seven members nominated by the will and their successors and six members to be elected by the General Assembly in joint assembly. Three of the original trustees having been elected for a term of two years and three for a term of four years from the commencement of their terms and until their successors were elected, thereafter the General Assembly has and hereafter it shall every two years elect in joint assembly three trustees for such university who shall serve for a term of four years and until their successors shall be elected and shall qualify. 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."

Time Effective

SECTION 16. This act shall take effect upon approval by the Governor.