South Carolina General Assembly
117th Session, 2007-2008

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Bill 1207

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COMMITTEE REPORT

April 10, 2008

S. 1207

Introduced by Senators Matthews, Patterson, Williams, Anderson and Jackson

S. Printed 4/10/08--S.

Read the first time March 18, 2008.

            

THE COMMITTEE ON EDUCATION

To whom was referred a Bill (S. 1207) to amend Section 59-127-20 of the 1976 Code, relating to the election of board members to the South Carolina State University Board of Trustees, to provide that, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, on Page 2, by striking lines 7 - 9 and inserting:

/    in number to each congressional district, Seats 8, 9, and 12 elected by the alumni association, and Seats 7-12 7, 10, and 11 at large. The Governor or his designee occupies Seat 13. Of the three         /

Amend the bill further, as and if amended, on Page 3, by adding an appropriately numbered new SECTION to read:

/    SECTION ___.    Notwithstanding the provisions in Section 59-127-20(A) concerning alumni-elected seats on the Board of Trustees, duly elected board members representing seats 8 and 9 as of the effective date of this act and the board member elected during the 2008 legislative session to represent seat 12 may serve the remainder of the term to which they were elected even if they are not alumni of the university. All subsequent board members representing seats 8, 9, and 12 must be elected by the alumni association as provided in this act.            /

Renumber sections to conform.

Amend title to conform.

JOHN E. COURSON for Committee.

            

A BILL

TO AMEND SECTION 59-127-20 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS TO THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES, TO PROVIDE THAT NINE MEMBERS OF THE BOARD ARE ELECTED BY THE GENERAL ASSEMBLY, ONE FROM EACH CONGRESSIONAL DISTRICT AND THREE FROM THE STATE AT LARGE, AND TO PROVIDE THAT THE SOUTH CAROLINA STATE UNIVERSITY ALUMNI ASSOCIATION ELECTS THREE MEMBERS OF THE BOARD OF TRUSTEES.

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

SECTION    1.    Section 59-172-20 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 nine of whom are elected by the General Assembly, one member from each congressional district and six three at large for terms of four years each and until their successors are elected and qualify. Three members must be graduates of the university elected by the South Carolina State University Alumni Association to a term of four years and until their successors are elected and qualify. In electing members of the board, the General Assembly and the alumni association 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, Seats 7, 9, and 10 elected by the alumni association, and Seats 7-12 8, 11, and 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 elected to 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 or the alumni association, as the case may be, 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. The names of members elected by the alumni association must be certified by the Secretary of State and the president and secretary of the association. The members shall take office immediately upon certification."

SECTION    2.    This act takes effect upon approval by the Governor.

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