1999-2000 Bill 4823: Colleges and Universities, Trustees, Board of; certain to be appointed by Governor and to be a student of university

South Carolina General Assembly
113th Session, 1999-2000

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Bill 4823

~~Indicates Matter Stricken~~
Indicates New Matter

                    Current Status

Bill Number:                      4823
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000328
Primary Sponsor:                  Howard
All Sponsors:                     Howard, Clyburn, Cobb-Hunter, Gourdine, 
                                  Lloyd, Parks, Pinckney and Rutherford
Drafted Document Number:          l:\council\bills\skb\18240som00.doc
Residing Body:                    House
Current Committee:                Education and Public Works Committee 21 
                                  HEPW
Subject:                          Colleges and Universities, Trustees, 
                                  Board of; certain to be appointed by Governor 
                                  and to be a student of university


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000328  Introduced, read first time,           21 HEPW
                  referred to Committee


              Versions of This Bill

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A BILL

TO AMEND SECTIONS 59-117-10, AS AMENDED, 59-117-20, AS AMENDED, AND 59-117-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTION 59-119-40, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTIONS 59-121-10, 59-121-20, AND 59-121-30, ALL AS AMENDED, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF VISITORS OF THE CITADEL, THE MILITARY COLLEGE OF SOUTH CAROLINA, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A CADET APPOINTED UPON THE RECOMMENDATION OF THE REGIMENTAL COMMANDER OF THE CADET CORPS, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTIONS 59-123-40 AND 59-123-50, BOTH AS AMENDED, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON 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, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTIONS 59-125-20 AND 59-125-30, BOTH AS AMENDED, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, TO PROVIDE THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTION 59-127-20, AS AMENDED, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTION 59-130-10, AS AMENDED, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTION 59-133-10, AS AMENDED, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTION 59-135-10, AS AMENDED, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF TRUSTEES OF LANDER UNIVERSITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTION 59-136-110, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; AND TO PROVIDE THAT THE TERM OF EACH NEW TRUSTEE BEGINS ON THE FIRST DAY OF JULY OF THE YEAR IN WHICH THE TRUSTEE IS APPOINTED.

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

SECTION 1. Section 59-117-10 of the 1976 Code, as last amended by Act 248 of 1991, is further 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, and the President of the Greater University of South Carolina Alumni Association, which three shall be members ex officio of the board; and ~~seventeen~~ eighteen 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, and one student member appointed by the Governor upon the recommendation of the president of the student body. The student trustee must be a qualified elector of the State. The Governor shall make the at-large 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."

SECTION 2. Section 59-117-20 of the 1976 Code, as last amended by Act 248 of 1991, 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, 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 the Governor making the appointment, so long as he continues to hold the specified office. The term of office of the student trustee appointed by the Governor is for one year beginning on the first day of July of the year in which the trustee is appointed.

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

SECTION 3. The first paragraph of Section 59-117-30 of the 1976 Code is amended to read:

"In case a vacancy ~~should occur~~ occurs 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~~ A vacancy occurring in the office of the members appointed by the Governor ~~shall~~ must 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~~ the per diem and expenses as from time to time ~~may be~~ is allowed boards, commissions, and committees."

SECTION 4. 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~~ fourteen 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, and one student member appointed by the Governor upon the recommendation of the president of the student body. The student trustee must be a qualified elector of the State. Three of the original trustees ~~having been~~ shall be 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 the General Assemply shall elect in joint assembly three trustees for ~~such~~ the university who shall serve for a term of four years and until their successors ~~shall be~~ are 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.

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. The term of the student trustee appointed by the Governor is for one year beginning on the first day of July of the year in which the trustee is appointed. A vacancy occurring in the office of the student member appointed by the Governor must be filled for the remainder of the unexpired term by appointment in the same manner as the original appointment."

SECTION 5. Section 59-121-10 of the 1976 Code, as last amended by Act 248 of 1991, is further 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, and the State Superintendent of Education, 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~~ the 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~~ two of whom shall be appointed by the Governor. The Governor shall make ~~the~~ one 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. The Governor shall appoint one cadet trustee, upon the recommendation of the regimental commander of the corps of cadets. The cadet trustee must be a qualified elector of the State."

SECTION 6. The second paragraph of Section 59-121-20 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"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. The term of office of the cadet trustee appointed by the Governor is for one year beginning on the first day of July of the year in which the trustee is appointed."

SECTION 7. Section 59-121-30 of the 1976 Code, as last amended by Act 144 of 1997, is further 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. A vacancy occurring in the office of cadet trustee appointed by the Governor must be filled for the remainder of the unexpired term by appointment in the same manner as the original appointment. 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. However, beginning with the elections for members of the board occurring on or after July 1, 1997, the seventy-fifth birthday limit no longer applies."

SECTION 8. Section 59-123-40 of the 1976 Code, as last amended by Act 248 of 1991, is further 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), ex officio, twelve members to be elected by the General Assembly in joint assembly and ~~one~~ two members to be appointed by the Governor, one as an at-large trustee, and the second as a student trustee. The Governor shall make the at-large 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 Governor shall appoint a student trustee upon the recommendation of the president of the student body. The student trustee must be a qualified elector of the State."

SECTION 9. The second paragraph of Section 59-123-50 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"The term of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State and is four years. The term of the student trustee appointed by the Governor is for one year beginning on the first day of July of the year in which the trustee is appointed. ~~Any~~ A vacancy in the office of the members appointed by the Governor must be filled by appointment for the unexpired term in the same manner of original appointment. If the Governor 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 the Governor making the appointment, so long as he continues to hold the specified office."

SECTION 10. Section 59-125-20 B. of the 1976 Code is amended to read:

"B. In addition to the members of the board in subsection A., there shall be ~~one~~ two additional members of the board appointed by the Governor. The Governor shall make ~~the~~ one 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 Governor shall appoint one student member upon the recommendation of the president of the student body. The student trustee must be a qualified elector of the State."

SECTION 11. Section 59-125-30 of the 1976 Code, as last amended by Act 248 of 1991, 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. The term of the student trustee appointed by the Governor is for one year beginning on the first day of July of the year in which the trustee is appointed. ~~Any~~ A vacancy in the office of the members appointed by the Governor must be filled by appointment of the Governor for the unexpired term in the same manner of as the original appointment."

SECTION 12. 59-127-20(A) of the 1976 Code, as last amended by Act 47 of 1993, is further amended to read:

"(A) South Carolina State University is managed and controlled by a board of trustees, composed of ~~thirteen~~ fourteen members, twelve of whom are elected by the General Assembly, one member from each congressional district and six at large for terms of four years each and until their successors are elected and 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. The Governor of the State or his designee is ex officio, the thirteenth member of the board of trustees. The fourteenth member is a student appointed by the Governor upon the recommendation of the president of the student body. The student trustee must be a qualified elector of the State. In case of a vacancy on the board, the Governor may fill it by appointment until the next session of the General Assembly. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.

Each position on the board constitutes a separate office and the seats on the board are numbered consecutively, one corresponding in number to each congressional district and Seats 7-12 at large. The Governor or his designee occupies Seat 13. The student trustee occupies Seat 14. Of the three present members of the board who reside in the sixth congressional district, the member with the longest remaining current term shall be the resident member selected from that congressional district occupying Seat 6. The two remaining members not determined to be the resident member from the sixth congressional district shall be considered at-large members of the board occupying Seats 8 and 12, respectively. The terms of each of these three members shall not be affected by the provisions of this paragraph.

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. 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. The term of the student trustee appointed by the Governor is for one year beginning on the first day of July of the year in which the trustee is appointed. A vacancy in the office of student trustee must be filled by appointment of the Governor for the unexpired term in the same manner as the original appointment."

SECTION 13. Section 59-130-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 59-130-10. The board of trustees for the College of Charleston is composed of the Governor of the State or his designee, who is an ex officio of the board, and ~~sixteen~~ seventeen members, with fifteen of these members to be elected by the General Assembly, ~~and~~ one member to be appointed from the State at large by the Governor, and one student member to be appointed by the Governor upon the recommendation of the president of the student body. The student trustee must be a qualified elector of the State. The General Assembly shall elect and the Governor shall appoint these 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 this State.

Of the fifteen members to be elected, two members must be elected from each congressional district and the remaining three members must be elected by the General Assembly from the State at large.

The term of office of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State and is coterminous with the term of the Governor appointing him. He shall serve after his term has expired until his successor is appointed and qualifies. The term of the student trustee appointed by the Governor is for one year beginning on the first day of July of the year in which the trustee is appointed.

Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve; for the at-large positions elected by the General Assembly, Seats Thirteen, Fourteen, and Fifteen. The at-large member appointed by the Governor shall occupy Seat Sixteen. The student member shall occupy Seat Seventeen.

Any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees or is serving on the Planning Committee for the College of Charleston within the State College Board of Trustees has the option of serving as a trustee on the board of trustees for the College of Charleston for an appropriate two-year term expiring June 30, 1990. Such option must be exercised on the first day of the filing period. If two such members file for the same seat, the General Assembly shall elect the board member from those so filing.

Effective July 1, 1988, the even-numbered seats of those members elected by the General Assembly must be filled for four-year terms expiring June 30, 1992. The remaining elective odd-numbered seats on the board must be filled for two-year terms beginning July 1, 1988, and expiring June 30, 1990. The trustees for the odd-numbered seats must then be elected for four-year terms beginning July 1, 1990, and expiring June 30, 1994. The General Assembly shall hold elections every two years to select successors of the trustees whose four-year terms are then expiring. Except as otherwise provided in this chapter, no election may be held before April first of the year in which the successor's term is to commence. The term of office of an elective trustee commences on the first day of July of the year in which the trustee is elected.

If an elective office becomes vacant, the Governor may fill it by appointment until the next session of the General Assembly. The General Assembly shall hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. A vacancy occurring in ~~the~~ an appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of as the original appointment."

SECTION 14. Section 59-133-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 59-133-10. The board of trustees for Francis Marion ~~College~~ University is composed of the Governor of the State or his designee, who is an ex officio of the board, and ~~sixteen~~ seventeen members, with fifteen of these members to be elected by the General Assembly, ~~and~~ one member to be appointed from the State at large by the Governor, and one student member to be appointed by the Governor upon the recommendation of the president of the student body. The student trustee must be a qualified elector of the State. The General Assembly shall elect and the Governor shall appoint these 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 this State.

Of the fifteen members to be elected, two members must be elected from each congressional district and the remaining three members must be elected by the General Assembly from the State at large.

Any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees or is serving on the Planning Committee for Francis Marion College within the State College Board of Trustees has the option of serving as a trustee on the board of trustees for Francis Marion College for an appropriate two-year term expiring June 30, 1990. Such option must be exercised on the first day of the filing period. If two such members file for the same seat, the General Assembly shall elect the board member from those so filing.

SECTION 15. Section 59-135-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 59-135-10. The board of trustees for Lander ~~College~~ University is composed of the Governor of the State or his designee, who is an ex officio of the board, and ~~sixteen~~ seventeen members, with fifteen of these members to be elected by the General Assembly, ~~and~~ one member to be appointed from the State at large by the Governor, and one student member to be appointed by the Governor upon the recommendation of the president of the student body. The student trustee must be a qualified elector of the State. The General Assembly shall elect and the Governor shall appoint these 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 this State.

Of the fifteen members to be elected, two members must be elected from each congressional district and the remaining three members must be elected by the General Assembly from the State at large.

Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve; for the at-large positions elected by the General Assembly, Seats Thirteen, Fourteen, and Fifteen. The member at-large appointed by the Governor shall occupy Seat Sixteen, and the student member shall occupy Seat Seventeen.

Any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees or is serving on the Planning Committee for Lander College within the State College Board of Trustees has the option of serving as a trustee on the board of trustees for Lander College for an appropriate two-year term expiring June 30, 1990. Such option must be exercised on the first day of the filing period. If two such members file for the same seat, the General Assembly shall elect the board member from those so filing.

SECTION 16. Section 59-136-110 of the 1976 Code, as added by Act 69 of 1993, is amended to read:

"Section 59-136-110. The board of trustees for Coastal Carolina University is composed of the Governor of the State or his designee, who is an ex officio member of the board, and ~~sixteen~~ seventeen members, with fifteen of these members to be elected by the General Assembly, ~~and~~ one member to be appointed from the State at large by the Governor, and one student member to be appointed by the Governor upon the recommendation of the president of the student body. The student trustee must be a qualified elector of the State. The General Assembly shall elect and the Governor shall appoint these 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 this State.

Of the fifteen members to be elected by the General Assembly, two members must be elected from each congressional district and the remaining three members must be elected from the State at large.

The term of office of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State and is coterminous with the term of the Governor appointing him. The term of office of the student trustee appointed by the Governor is for one year beginning on the first day of July of the year in which the trustee is appointed.

The General Assembly shall elect those members of the board of trustees it elects during its 1993 Session. Members initially elected from Seats One, Three, Five, Seven, Nine, Eleven, Thirteen, and Fifteen shall be elected for two-year terms and members initially elected from Seats Two, Four, Six, Eight, Ten, Twelve, and Fourteen shall be elected for four-year terms. Thereafter, their successors shall each be elected for four-year terms.

The General Assembly shall hold elections every two years to select successors of the trustees whose terms are expiring in that year. Except as otherwise provided in this chapter, no election may be held before April first of the year in which the successor's term is to commence. The term of office of an elective trustee commences on the first day of July of the year in which the trustee is elected and all members shall serve until their successors are elected or appointed and qualify.

SECTION 17. This act takes effect upon approval by the Governor. The members of the boards of trustees appointed pursuant to the provisions of this act will take office on the first day of July of the year in which the trustee is appointed.

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