Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.892 Ratification Number:291 Act Number:250 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020116 Primary Sponsor:Hayes All Sponsors:Hayes, Peeler, Gregory and Short Drafted Document Number:l:\council\bills\skb\18137sd02.doc Date Bill Passed both Bodies:20020425 Date of Last Amendment:20020424 Governor's Action:S Date of Governor's Action:20020514 Subject:Winthrop University Trustees, manner in which elected; Governing boards of institutions of higher learning, meeting attendance provisions History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020603 Act No. A250 ------ 20020514 Signed by Governor ------ 20020508 Ratified R291 Senate 20020425 Concurred in House amendment, enrolled for ratification House 20020425 Read third time, returned to Senate with amendment House 20020424 Amended, read second time House 20020423 Committee report: Favorable with 21 HEPW amendment House 20020219 Introduced, read first time, 21 HEPW referred to Committee Senate 20020214 Read third time, sent to House ------ 20020214 Scrivener's error corrected Senate 20020213 Amended, read second time, notice of general amendments ------ 20020213 Scrivener's error corrected Senate 20020212 Committee report: Favorable with 04 SED amendment Senate 20020116 Introduced, read first time, 04 SED referred to Committee Versions of This Bill Revised on February 12, 2002 - Word format Revised on February 13, 2002 - Word format Revised on February 13, 2002-A - Word format Revised on February 13, 2002-B - Word format Revised on February 14, 2002 - Word format Revised on April 23, 2002 - Word format Revised on April 24, 2002 - Word format
(A250, R291, S892)
AN ACT TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE SELECTED AND FOR THEIR TERMS OF OFFICE, AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION; AND BY ADDING SECTION 59-101-285 SO AS TO PROVIDE THAT A MEMBER OF THE GOVERNING BOARD OF AN INSTITUTION OF HIGHER LEARNING MUST ATTEND AT LEAST TWO-THIRDS OF THE REGULAR AND SPECIAL MEETINGS OF THE BOARD DURING ANY CALENDAR YEAR OR A VACANCY IN THAT OFFICE SHALL EXIST, AND TO ESTABLISH PROCEDURES TO PROVIDE NOTIFICATION OF THE VACANCY AND FOR THE FILLING OF THE VACANCY.
Be it enacted by the General Assembly of the State of South Carolina:
Selection of trustees, terms
SECTION 1. 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. Of the seven members to be elected by the General Assembly, one member must be elected from each of the six congressional districts and one member must be elected by the General Assembly from the State at large. Each representative of a congressional district must be a resident of the congressional district represented. The regular term of office of the elective members of the board of trustees is 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 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. Those persons elected by the General Assembly shall have their seats designated as the seat number corresponding to the Congressional District from which they are elected with the at-large member designated as Seat Seven. The General Assembly shall hold elections to fill vacancies as they occur on the board by the expiration of terms of office, as follows: Seat One in 2006, Seat Two in 2008, Seat Three in 2004, Seat Four in 2004, Seat Five in 2006, Seat Six in 2008, and Seat Seven in 2005. 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 on the board of trustees among the elected members, the Governor may fill it by appointment until the next session of the General Assembly. The State Superintendent of Education or the Superintendent's designee shall serve in Seat Eight, ex officio. Seat Eleven shall be a member appointed by the Governor. The Governor or the Governor's designee shall serve in Seat Twelve, ex officio. The members of the board elected by the Winthrop University Alumni Association or its successors shall be elected for four-year terms to fill Seats Nine and Ten in 2002. In 2006, the person elected by the Winthrop University Alumni Association or its successors to fill Seat Nine shall serve a six-year term and the person elected by the Winthrop University Alumni Association or its successors to fill Seat Ten shall serve a four-year term. At the completion of those terms of office, all subsequent members of the board elected by the Winthrop University Alumni Association or its successors to fill Seats Nine and Ten shall be elected for six-year terms. The names of those 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 to Seat Eleven is effective upon certification to the Secretary of State and is coterminous with the term of office of the Governor. 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."
Attendance requirements
SECTION 2. The 1976 Code is amended by adding:
"Section 59-101-285. Notwithstanding any other provision of law or special provision applicable to a particular institution, a member of the governing board of an institution of higher learning as defined in Section 59-103-5 must attend at least two-thirds of the regular and special meetings of the board during any calendar year or a vacancy in that office is deemed to exist as of January first of the next year which shall be filled in the manner provided by law. The chairman of that board when a violation of this section occurs shall report the violation to the appointing or electing authority within thirty days after the close of the calendar year in which the violation occurred. The member of the governing board who missed such meetings thereby causing the vacancy is ineligible for reelection or reappointment to that board for a period of ten years thereafter."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 8th day of May, 2002.
Approved the 14th day of May, 2002.
This web page was last updated on Tuesday, December 8, 2009 at 11:15 A.M.