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TO AMEND SECTION 59-127-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD AND THEIR MANNER OF SELECTION TO BE EFFECTIVE JULY 1, 2008.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-127-20 of the 1976 Code is amended to read:
"Section 59-127-20. (A) South Carolina State University is managed and controlled by a board of trustees, composed of thirteen 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. 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. 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. selected in the manner provided by this section. The board of trustees for the university shall be composed of the Governor, who shall be an ex officio member of the board, or his designee, and twelve others, six of whom are to be elected by joint vote of the General Assembly, and six of whom are to be elected by such means and methods as may be determined by the National Alumni Association of the university or any succeeding organization, the result of elections to be certified by the president of the alumni association to the Secretary of State.
(B) Beginning with members elected to the board during 1992, terms of members are four years. In 1993, members from Seats 1, 2, 3, 4, 5, and 11 must be elected, and the term of the member elected in 1993 from Seat 3 shall be one year, the terms of the members elected in 1993 from Seats 1, 2, and 4 shall be two years each, the term of the member elected in 1993 from Seat 11 shall be three years, and the term of the member elected in 1993 from Seat 5 shall be four years. Thereafter, successors to the members of the board elected in 1993 and successors to members of the board provided six-year terms by the provisions of this subsection must be elected for terms of four years each. The terms of the present members of the board serving in office on the effective date of this subsection shall expire on July 1, 2008, at which time their successors selected in the manner provided herein shall take office. Of the six members of the board elected by the General Assembly, one shall be a resident of and elected from each congressional district of this State to serve for terms of four years each and until their successors are elected and qualify; provided that of those six members elected in 2008, the members from congressional districts 1, 3, and 5 shall serve initial terms of two years each. Of the six members elected by the National Alumni Association in 2008, three shall be elected for initial terms of two years each to be designated by the National Alumni Association when holding the elections. Thereafter, all members shall serve terms of four years each. Vacancies shall be filled for the remainder of the unexpired term in the manner of original selection.
(C) Except as provided in subsection (B) and except for the 2008 elections, terms of the 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."
SECTION 2. This act takes effect upon approval by the Governor.
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