South Carolina Legislature MobileReference is to Printer's Date 4/19/12--H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 59-127-20 of the 1976 Code is amended to read:
"Section 59-127-20.
(A)(1) South Carolina State
University is managed and controlled by a board of trustees,
composed of thirteen eleven members,
twelve seven of whom are elected by the
General Assembly, one member from each of the seven
congressional district districts and
six one from the State at large for
terms of four years each and, except as otherwise provided in
subsection (B)(1), 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.
(2)
In addition, there must be one alumni member of
the board who must be elected for a term of four years and until
his successor is elected and qualifies by the means and methods
determined by the National Alumni Association of the university
or any succeeding organization. The result of this election
must be certified by the president of the alumni association to
the Secretary of State within ten days of the alumni member
being elected and taking office.
(3)
The president of the student body or student
government association of the University, if he or she is a
qualified elector of this State, shall serve ex officio as the
tenth member of the board with full privileges, including the
right to vote. If the president of the student body or student
government association is not a qualified elector of this State,
he or she shall designate another student body officer or
officer of the student government association who is such a
qualified elector to serve in his place.
(4)
The Governor of the State or his designee is ex
officio, the thirteenth eleventh member
of the board of trustees. Except as
otherwise provided in subsection (B)(1), in case of a
vacancy on the board, the Governor may fill it by appointment
until the next session of the General Assembly
successor is elected in the manner of original election.
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 Seat 8 at
large, Seat 9 for the alumni member, and Seat 10 for the
president of the student body, the student government
association, or the other designated student officer. The
Governor or his designee occupies Seat 13
11.
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.
Except as otherwise provided in
subsections (B) and (C), 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., and 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.
(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. (1)
Notwithstanding any other provision of law, the current terms of
all present members of the board are terminated on the effective
date of this item (1). On the effective date of this item (1),
these present member's terms come to an end and they may not
serve in a hold-over capacity until members of the interim
governing board provided for in subsection (C) are appointed,
qualify, and take office. The termination of the present
member's terms as provided in this item (1) does not constitute
a vacancy which may be filled by appointment of the Governor as
provided in subsection (A).
(2)
The General Assembly as provided in subsection
(A) shall elect the eight members it elects to the board during
its 2014 session as provided by law with such newly elected
members to take office on July 1, 2014. Notwithstanding the
provisions of subsection (A), members elected in 2014 from the
First, Third, Fifth, and Seventh Congressional Districts shall
serve initial terms of four years each, and members elected from
the Second, Fourth, and Sixth Congressional Districts and from
the state at large shall serve initial terms of two years each.
Successors to all these members shall then be elected for terms
of four years each.
(3)
The member elected by the National Alumni
Association as provided in subsection (A) shall be elected by
the National Alumni Association on or before June 30, 2014, with
such newly elected member to take office on July 1, 2014. This
member shall serve a term of four years and until his successor
is elected and qualifies.
(C)(1)
Between the effective date of this subsection and June
30, 2014, an interim governing board for South Carolina State
University is hereby established. The interim governing board
shall consist of seven members, three appointed by the Speaker
of the House of Representatives, three appointed by the
President Pro Tempore of the Senate, and one appointed by the
Governor. Each of the seven members shall serve for terms to
expire on June 30, 2014, and must meet all qualifications
provided by law for a public official or officer of this State,
including being a qualified elector of this State.
(2)(a)
Each of the seven members of the interim
governing board must possess a background of at least ten years
in any one or any combination of the following fields of
expertise:
(1)
economics or economic development;
(2)
finance or accounting;
(3)
law or government;
(4)
higher education gained from serving as an
administrator or tenured faculty member of an accredited
four-year college or university;
(5)
business management gained from serving as a
chief executive officer, director, or executive in an upper
level management position of an ongoing and successful business
enterprise.
(b)
At least one of the members of the interim
governing board appointed by the Speaker of the House of
Representatives and the President Pro Tempore of the Senate must
be an alumnus of the university in addition to possessing the
qualifications identified in subitem (a) of item (2).
(3)
The members of the interim governing board shall
serve from the date of their appointment until June 30, 2014, at
which time the interim governing board is abolished. Vacancies
must be filled in the manner of original appointment. The
interim governing board after appointment at its first meeting
shall elect a chairman, vice chairman, and such other officers
as it considers necessary. The interim governing board shall
possess all powers, duties, and authority granted or imposed by
law upon the board of trustees of the university.
(4)
During the period the interim governing board is
performing the duties imposed upon it as provided by this
section and by law, the former board members have no authority
over the affairs of the institution and may not act or purport
to act on behalf of the institution in any manner under which
they were empowered to act before the interim governing board
went into effect and its membership appointed.
(5)
The General Assembly acknowledges the importance
of South Carolina State University as a land grant institution
and historically black college and university (HBCU) and it's
unique role in South Carolina's higher education community.
Further, the General Assembly expresses its strong belief that
South Carolina State University needs a new direction and new
executive leadership and instructs the interim governing board
to immediately terminate any individual then serving as
president of the university at the time the interim governing
board comes into existence. It may then select another person
to serve as president, but is not required to do so. In this
event, it may designate someone to serve as acting president
until a permanent successor is selected at a later time by the
interim governing board or by the newly established board of
trustees of the university. If the interim governing board
refuses to follow the provisions of this item (5), it shall
notify the Speaker of the House of Representatives, the
President Pro Tempore of the Senate, and the Governor of the
reasons why in writing within ten days of its decision not to
terminate the individual then serving as president."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.