H*3771(Rat #0575, Act #0510 of 1988)  General Bill, By 
 House Education and Public Works
 A Bill to amend Title 59, Code of Laws of South Carolina, 1976, relating to
 education, by adding Chapter 130 so as to provide for a board of trustees for
 the College of Charleston, by adding Chapter 133 so as to provide for a board
 of trustees for Francis Marion College, and by adding Chapter 135 so as to
 provide for a board of trustees for Lander College; to amend Section
 59-101-10, relating to designation of state colleges and universities, so as
 to include in the listing of separate and distinct institutions, each under
 its separate governing board, the College of Charleston, Lander College, and
 Francis Marion College; to amend Section 59-101-20, relating to the transfer
 of the College of Charleston to the State, so as to delete the provision that
 the College of Charleston is governed by the State College Board of Trustees
 and to delete other provisions; to amend Section 59-101-30, relating to the
 transfer of Lander College to the State, so as to delete certain provisions,
 including the provision that Lander is governed by the State College Board of
 Trustees; to amend Section 59-111-340, relating to the institutions to which
 the provisions of law regarding free tuition for residents sixty-five years of
 age are applicable, so as to delete reference to those institutions under the
 jurisdiction of the State College Board of Trustees; to amend Section
 59-131-10, relating to authorization to the State College Board of Trustees to
 provide parking facilities at the College of Charleston, so as to delete
 reference to the State College Board of Trustees, provide reference to the
 Board of Trustees for the College of Charleston, and delete other provisions
 and language; to amend Section 59-131-30, relating to parking facilities at
 the College of Charleston and the requirement that bonds are payable solely
 from revenues of parking facilities, so as to delete reference to the State
 College Board of Trustees and provide reference to the Board of Trustees for
 the College of Charleston; to amend Section 59-112-10, relating to the
 definitions under the provisions of law regarding the determination of rates
 of tuition and fees, so as to include reference to the Board of Trustees of
 the College of Charleston, Board of Trustees of Lander College, and the Board
 of Trustees of Francis Marion College under the definition of "State
 Institution", and delete reference to the State College Board of Trustees, to
 provide for the cessation of the State College Board of Trustees and for
 construing references to "State College Board of Trustees" in any law of this
 State; to repeal Chapter 105 of Title 59, relating to the State College Board
 of Trustees; to provide for the election and the appointment of the initial
 trustees for the governing boards of the College of Charleston, Francis Marion
 College, and Lander College, and to provide for the commencement of the terms
 of all initial trustees; to amend Section 59-127-20, relating to the Board of
 Trustees for South Carolina State College, so as to add as ex officio members
 to the board of trustees the respective Chairmen of the Senate Education
 Committee and the House Education and Public Works Committee, or a designee by
 either Chairman from the membership of the respective committees, and provide
 for the service of a designee; and to provide that the President of the State
 College Board of Trustees, whose option it is to serve as a trustee on the
 new, separate Board of Trustees for an appropriate two-year term expiring June
 30, 1990, is limited to serving as a trustee on only one of the three new,
 separate boards of trustees established by this Act.-amended title

   02/16/88  House  Introduced, read first time, placed on calendar
                     without reference HJ-1178
   02/18/88  House  Debate interrupted HJ-1272
   02/23/88  House  Amended HJ-1355
   02/23/88  House  Read second time HJ-1356
   02/24/88  House  Read third time and sent to Senate HJ-1429
   02/25/88  Senate Introduced and read first time SJ-715
   02/25/88  Senate Referred to Committee on Education
   03/03/88  Senate Committee report: Favorable with amendment
                     Education SJ-39
   03/03/88  Senate Special order SJ-40
   03/23/88  Senate Debate interrupted SJ-27
   03/24/88  Senate  Vote set for Wed. March 30 after Joint Session SJ-2
   03/30/88  Senate Read second time SJ-44
   03/30/88  Senate Ordered to third reading with notice of
                     amendments SJ-46
   04/06/88  Senate Special order SJ-140
   04/12/88  Senate Amended SJ-56
   04/12/88  Senate  Read third time SJ-88
   04/12/88  Senate Returned SJ-88
   04/14/88  House  Debate interrupted HJ-2996
   04/20/88  House  Senate amendment amended HJ-3112
   04/20/88  House  Returned HJ-3119
   04/21/88  Senate  Interrupted debate on question of concurrence in
                     H. am SJ-16
   04/26/88  Senate Concurred in House amendment and enrolled SJ-5
   05/03/88         Ratified R 575
   05/05/88         Signed By Governor
   05/05/88         Effective date 05/05/88
   05/05/88         Act No. 510
   05/23/88         Copies available

AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 130 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, BY ADDING CHAPTER 133 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR FRANCIS MARION COLLEGE, AND BY ADDING CHAPTER 135 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR LANDER COLLEGE; TO AMEND SECTION 59-101-10, RELATING TO DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO INCLUDE IN THE LISTING OF SEPARATE AND DISTINCT INSTITUTIONS, EACH UNDER ITS SEPARATE GOVERNING BOARD, THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE THE PROVISION THAT THE COLLEGE OF CHARLESTON IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AND TO DELETE OTHER PROVISIONS; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION THAT LANDER IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-111-340, RELATING TO THE INSTITUTIONS TO WHICH THE PROVISIONS OF LAW REGARDING FREE TUITION FOR RESIDENTS SIXTY-FIVE YEARS OF AGE ARE APPLICABLE, SO AS TO DELETE REFERENCE TO THOSE INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-131-10, RELATING TO AUTHORIZATION TO THE STATE COLLEGE BOARD OF TRUSTEES TO PROVIDE PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, AND DELETE OTHER PROVISIONS AND LANGUAGE; TO AMEND SECTION 59-131-30, RELATING TO PARKING FACILITIES AT THE COLLEGE OF CHARLESTON AND THE REQUIREMENT THAT BONDS ARE PAYABLE SOLELY FROM REVENUES OF PARKING FACILITIES, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON; TO AMEND SECTION 59-112-10, RELATING TO THE DEFINITIONS UNDER THE PROVISIONS OF LAW REGARDING THE DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO INCLUDE REFERENCE TO THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, BOARD OF TRUSTEES OF LANDER COLLEGE, AND THE BOARD OF TRUSTEES OF FRANCIS MARION COLLEGE UNDER THE DEFINITION OF "STATE INSTITUTION", AND DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, TO PROVIDE FOR THE CESSATION OF THE STATE COLLEGE BOARD OF TRUSTEES AND FOR CONSTRUING REFERENCES TO "STATE COLLEGE BOARD OF TRUSTEES" IN ANY LAW OF THIS STATE; TO REPEAL CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO PROVIDE FOR THE ELECTION AND THE APPOINTMENT OF THE INITIAL TRUSTEES FOR THE GOVERNING BOARDS OF THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE, AND TO PROVIDE FOR THE COMMENCEMENT OF THE TERMS OF ALL INITIAL TRUSTEES; TO AMEND SECTION 59-127-20, RELATING TO THE BOARD OF TRUSTEES FOR SOUTH CAROLINA STATE COLLEGE, SO AS TO ADD AS EX OFFICIO MEMBERS TO THE BOARD OF TRUSTEES THE RESPECTIVE CHAIRMEN OF THE SENATE EDUCATION COMMITTEE AND THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE, OR A DESIGNEE BY EITHER CHAIRMAN FROM THE MEMBERSHIP OF THE RESPECTIVE COMMITTEES, AND PROVIDE FOR THE SERVICE OF A DESIGNEE; AND TO PROVIDE THAT THE PRESIDENT OF THE STATE COLLEGE BOARD OF TRUSTEES, WHOSE OPTION IT IS TO SERVE AS A TRUSTEE ON THE NEW, SEPARATE BOARD OF TRUSTEES FOR AN APPROPRIATE TWO-YEAR TERM EXPIRING JUNE 30, 1990, IS LIMITED TO SERVING AS A TRUSTEE ON ONLY ONE OF THE THREE NEW, SEPARATE BOARDS OF TRUSTEES ESTABLISHED BY THIS ACT.

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

College of Charleston; separate governing board

SECTION 1. Title 59 of the 1976 Code is amended by adding:

"CHAPTER 130

The College of Charleston

Section 59-130-10. The board of trustees for the College of Charleston is composed of the Governor of the State, the chairman of the Senate Committee on Education (or his designee from that committee), and the chairman of the House Committee on Education and Public Works (or his designee from that committee), which three are members ex officio of the board; and sixteen 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. 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.

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 appointed by the Governor shall occupy Seat Sixteen.

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 appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment.

Section 59-130-20. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.

Section 59-130-30. The board of trustees is constituted a body corporate and politic under the name of the board of trustees for the College of Charleston. The corporation has the power to:

( 1) have perpetual succession;

( 2) sue and be sued by the corporate name;

( 3) have a seal and to alter it at pleasure;

( 4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any building considered by it as surplus property or not further needed, and any buildings that it may need to do away with for the purpose of making room for other construction. The board does not have power to sell or dispose of any of its real estate, other than buildings, except with the consent of the State Budget and Control Board;

( 5) appoint a chairman and to appoint or otherwise provide for the appointment of subordinate and assistant officers and agents, faculty members, instructors, and other employees, prescribing the terms of their employment and their duties and fixing their compensation;

( 6) make bylaws and regulations for the management of its affairs and its own operations not inconsistent with law;

( 7) condemn land for corporate purposes as provided by law;

( 8) fix tuition fees and other charges for students attending the college, not inconsistent with law;

( 9) confer degrees upon students and other persons as the board considers qualified;

(10) accept, receive, and hold all monies or other properties, real, personal, and mixed, that may be given, conveyed, bequeathed, or devised to the college and to use them for the benefit of the college, but in those cases where the money or property is received, charged with any trust, the money or property must be held and used strictly in accordance with the terms of the trust. If the terms of the trust require something to be done other than to administer the trust, no obligation in receiving the trust over and above its administration is binding upon the college or the State, except any obligation accepted by the General Assembly;

(11) assign any member of the faculty without additional salary to additional duties in any other college department than that in which the faculty member may at the time be working;

(12) compel by subpoena, rule, and attachment witnesses to appear and testify and papers to be produced and read before the board in all investigations relating to the affairs of the college;

(13) adopt measures and make regulations as the board considers necessary for the proper operation of the college;

(14) appoint for the college a board of visitors of a number as it may determine, to regulate the terms during which the members of the board of visitors serve, and to prescribe their functions;

(15) remove any officer, faculty member, agent, or employee for incompetence, neglect of duty, violation of college regulations, or conduct unbecoming a person occupying such a position;

(16) appoint an executive committee not exceeding five members of the board who have the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim;

(17) appoint committees of the board or officers or members of the faculty of the college with authority and for purposes in connection with the operation of the college as the board considers necessary;

(18) appoint a president. The president shall report to and seek approval of his actions and those of his subordinates from the board;

(19) issue revenue bonds as provided by law.

Section 59-130-40. The board shall meet in Charleston not less than four times each year, the time and place to be fixed by the chairman or as the board provides. The chairman shall preside and, in his absence, a member shall preside as the board may select. The chairman or a majority of the members has the power to call a special meeting and fix the time and place of the meeting. A majority of the members constitutes a quorum for the transaction of all business of the board. A majority vote of the

whole board is required for the election or removal of the president. The president, other officers, and faculty members shall attend meetings of the board when requested to do so.

Notice of the time and place of all meetings of the board must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting.

Section 59-130-50. Upon approval of the State Budget and Control Board, the board is authorized to lease or sell any real property which may have been or may be donated to the college during any fund campaign. The proceeds of any lease or sale must be applied to the original purpose of the donation of the property leased or sold."

Francis Marion College; separate governing board

SECTION 2. Title 59 of the 1976 Code is amended by adding:

"CHAPTER 133

Francis Marion College

Section 59-133-10. The board of trustees for Francis Marion College is composed of the Governor of the State, the chairman of the Senate Committee on Education (or his designee from that committee), and the chairman of the House Committee on Education and Public Works (or his designee from that committee), which three are members ex officio of the board; and sixteen 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. 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.

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 appointed by the Governor shall occupy Seat Sixteen.

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.

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 appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment.

Section 59-133-20. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.

Section 59-133-30. The board of trustees is constituted a body corporate and politic under the name of the board of trustees for Francis Marion College. The corporation has the power to:

( 1) have perpetual succession;

( 2) sue and be sued by the corporate name;

( 3) have a seal and to alter it at pleasure;

( 4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any building considered by it as surplus property or not further needed, and any buildings that it may need to do away with for the purpose of making room for other construction. The board does not have power to sell or dispose of any of its real estate, other than buildings, except with the consent of the State Budget and Control Board;

( 5) appoint a chairman and to appoint or otherwise provide for the appointment of subordinate and assistant officers and agents, faculty members, instructors, and other employees, prescribing the terms of their employment and their duties and fixing their compensation;

( 6) make bylaws and regulations for the management of its affairs and its own operations not inconsistent with law;

( 7) condemn land for corporate purposes as provided by law;

( 8) fix tuition fees and other charges for students attending the college, not inconsistent with law;

( 9) confer degrees upon students and other persons as the board considers qualified;

(10) accept, receive, and hold all monies or other properties, real, personal, and mixed, that may be given, conveyed, bequeathed, or devised to the college and to use them for the benefit of the college, but in those cases where the money or property is received, charged with any trust, the money or property must be held and used strictly in accordance with the terms of the trust. If the terms of the trust require something to be done other than to administer the trust, no obligation in receiving the trust over and above its administration is binding upon the college or the State, except any obligation accepted by the General Assembly;

(11) assign any member of the faculty without additional salary to additional duties in any other college department than that in which the faculty member may at the time be working;

(12) compel by subpoena, rule, and attachment witnesses to appear and testify and papers to be produced and read before the board in all investigations relating to the affairs of the college;

(13) adopt measures and make regulations as the board considers necessary for the proper operation of the college;

(14) appoint for the college a board of visitors of a number as it may determine, to regulate the terms during which the members of the board of visitors serve, and to prescribe their functions;

(15) remove any officer, faculty member, agent, or employee for incompetence, neglect of duty, violation of college regulations, or conduct unbecoming a person occupying such a position;

(16) appoint an executive committee not exceeding five members of the board who have the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim;

(17) appoint committees of the board or officers or members of the faculty of the college with authority and for purposes in connection with the operation of the college as the board considers necessary;

(18) appoint a president. The president shall report to and seek approval of his actions and those of his subordinates from the board;

(19) issue revenue bonds as provided by law.

Section 59-133-40. The board shall meet in Florence not less than four times each year, the

time and place to be fixed by the chairman or as the board provides. The chairman shall preside and, in his absence, a member shall preside as the board may select. The chairman or a majority of the members has the power to call a special meeting and fix the time and place of the meeting. A majority of the members constitutes a quorum for the transaction of all business of the board. A majority vote of the whole board is required for the election or removal of the president. The president, other officers, and faculty members shall attend meetings of the board when requested to do so.

Notice of the time and place of all meetings of the board must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting.

Section 59-133-50. Upon approval of the State Budget and Control Board, the board is authorized to lease or sell any real property which may have been or may be donated to the college during any fund campaign. The proceeds of any lease or sale must be applied to the original purpose of the donation of the property leased or sold."

Lander College; separate governing board

SECTION 3. Title 59 of the 1976 Code is amended by adding:

"CHAPTER 135

Lander College

Section 59-135-10. The board of trustees for Lander College is composed of the Governor of the State, the chairman of the Senate Committee on Education (or his designee from that committee), and the chairman of the House Committee on Education and Public Works (or his

designee from that committee), which three are members ex officio of the board; and sixteen 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. 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.

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 appointed by the Governor shall occupy Seat Sixteen.

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.

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 appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment.

Section 59-135-20. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.

Section 59-135-30. The board of trustees is constituted a body corporate and politic under the name of the board of trustees for Lander College. The corporation has the power to:

( 1) have perpetual succession;

( 2) sue and be sued by the corporate name;

( 3) have a seal and to alter it at pleasure;

( 4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any building considered by it as surplus property or not further needed, and any buildings that it may need to do away with for the purpose of making room for other construction. The board does not have power to sell or dispose of any of its real estate, other than buildings, except with the consent of the State Budget and Control Board;

( 5) appoint a chairman and to appoint or otherwise provide for the appointment of subordinate and assistant officers and agents, faculty members, instructors, and other employees, prescribing the terms of their employment and their duties and fixing their compensation;

( 6) make bylaws and regulations for the management of its affairs and its own operations not inconsistent with law;

( 7) condemn land for corporate purposes and provided by law;

( 8) fix tuition fees and other charges for students attending the college, not inconsistent with law;

( 9) confer degrees upon students and other persons as the board considers qualified;

(10) accept, receive, and hold all monies or other properties, real, personal, and mixed, that may be given, conveyed, bequeathed, or devised to the college and to use them for the benefit of the college, but in those cases where the money or property is received, charged with any trust, the money or property must be held and used strictly in accordance with the terms of the trust. If the terms of the trust require something to be done other than to administer the trust, no obligation in receiving the trust over and above its administration is binding upon the college or the State, except any obligation accepted by the General Assembly;

(11) assign any member of the faculty without additional salary to additional duties in any other college department than that in which the faculty member may at the time be working;

(12) compel by subpoena, rule, and attachment witnesses to appear and testify and papers to be produced and read before the board in all investigations relating to the affairs of the college;

(13) adopt measures and make regulations as the board considers necessary for the proper operation of the college;

(14) appoint for the college a board of visitors of a number as it may determine, to regulate the terms during which the members of the board of visitors serve, and to prescribe their functions;

(15) remove any officer, faculty member, agent, or employee for incompetence, neglect of duty, violation of college regulations, or conduct unbecoming a person occupying such a position;

(16) appoint an executive committee not exceeding five members of the board who have the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim;

(17) appoint committees of the board or officers or members of the faculty of the college with authority and for purposes in connection with the operation of the college as the board considers necessary;

(18) appoint a president. The president shall report to and seek approval of his actions and those of his subordinates from the board;

(19) issue revenue bonds as provided by law.

Section 59-135-40. The board shall meet in Greenwood not less than four times each year, the time and place to be fixed by the chairman or as the board provides. The chairman shall preside and, in his absence, a member shall preside as the board may select. The chairman or a majority of the members has the power to call a special meeting and fix the time and place of the meeting. A majority of the members constitutes a quorum for the transaction of all business of the board. A majority vote of the whole board is required for the election or removal of the president. The president, other officers, and faculty members shall attend meetings of the board when requested to do so.

Notice of the time and place of all meetings of the board must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting.

Section 59-135-50. Upon approval of the State Budget and Control Board, the board is authorized to lease or sell any real property which may have been or may be donated to the college during any fund campaign. The proceeds of any lease or sale must be applied to the original purpose of the donation of the property leased or sold."

Colleges, universities under separate boards; Lander, Francis Marion, College of Charleston added to list

SECTION 4. Section 59-101-10 of the 1976 Code is amended to read:

"Section 59-101-10. There are universities and colleges as follows: one located in the City of Columbia, styled the University of South Carolina; another in or near the Town of Orangeburg, styled South Carolina State College; Clemson University; another known as Winthrop College, the South Carolina College for Women; another styled The Citadel, the Military College of South Carolina; the College of Charleston; another in or near the Town of Greenwood, styled Lander College; another in or near the City of Florence, styled Francis Marion College; and the Medical University of South Carolina. They are separate and distinct institutions, each under its separate board of trustees or visitors."

Transfer of College of Charleston to State; provisions deleted

SECTION 5. Section 59-101-20 of the 1976 Code is amended to read:

"Section 59-101-20. The State is authorized to acquire all property of the College of Charleston, real, personal, or mixed, and to operate the college as a state-supported institution of higher learning."

Transfer of Lander College to State; provisions deleted

SECTION 6. Section 59-101-30 of the 1976 Code is amended to read:

"Section 59-101-30. (1) The State of South Carolina is authorized to acquire all that property known as Lander College, real, personal, and mixed, from the Lander Foundation, a political subdivision created by Act 110 of 1951, and to operate the college as a state-supported institution of higher learning.

(2) The Lander Foundation is authorized to transfer Lander College and all of its properties, real, personal, and mixed, to the State of South Carolina under terms mutually agreed upon and is further authorized to transfer endowment or trust properties and funds which are not to be transferred to the State to an appropriate foundation or eleemosynary corporation upon terms the trustees determine."

Deletion of reference to State College Board of Trustees

SECTION 7. Section 59-111-340 of the 1976 Code is amended to read:

"Section 59-111-340. The provisions of this article apply to:

(1) those institutions enumerated in Section 59-107-10 and to the branches and extensions of those institutions;

(2) those institutions under the jurisdiction of the State Board for Technical and Comprehensive Education."

Parking facilities, College of Charleston; delete reference to State College Board of Trustees; etc.

SECTION 8. Section 59-131-10 of the 1976 Code is amended to read:

"Section 59-131-10. Subject to the conditions of this chapter, the board of trustees for the College of Charleston is authorized to:

(a) provide parking facilities, including one or more multilevel parking garage facilities, on its properties, acquired at the college and on property in the vicinity of the college leased by the City of Charleston to the State for not less than ninety-nine years under the terms and conditions of an agreement between the city and

the board providing for the operation and maintenance of the parking facilities to be constructed on the property;

(b) promulgate regulations concerning the use of the facilities, including regulations requiring those who undertake to park motor vehicles on the properties of the board to utilize the facilities;

(c) to establish and maintain, and revise, whenever necessary, a schedule of rates and charges for the use of the facilities which must be designed to provide not less than the sums required to pay principal and interest of any bonds authorized pursuant to this chapter."

Parking facilities, College of Charleston; payment of bonds; delete reference to State College Board of Trustees; etc.

SECTION 9. Section 59-131-30 of the 1976 Code is amended to read:

"Section 59-131-30. All bonds issued pursuant to this chapter are payable from the revenues derived from all parking facilities which the board of trustees for the College of Charleston may possess at the college, including parking facilities on property leased to the State under the terms and conditions of an agreement described in Section 59-131-10(a), and the revenues must be pledged to the payment of the principal and interest of the bonds in the manner provided in this chapter. The board may, in its discretion, determine with respect to each parking facility to pledge either the entire revenues derived from the parking facility or the revenues derived from the parking facility remaining after defraying the cost of operation and maintenance of the parking facility. In the issuance of the bonds, the trustees may reserve the right to issue additional bonds payable from the revenues and

on a parity with the bonds authorized by this chapter, whether issued pursuant to this chapter or pursuant to any other provision of law."

Rates of tuition and fees, "state institution" defined; reference to State College Board of Trustees deleted; reference to boards for College of Charleston, Francis Marion, and Lander added

SECTION 10. Item A of Section 59-112-10 of the 1976 Code is amended to read:

"A. The words 'State Institution' mean those post-secondary educational institutions under the jurisdiction of:

( 1) the Board of Trustees, Clemson University;

( 2) the Board of Trustees, Medical University of South Carolina;

( 3) the Board of Trustees, South Carolina State College;

( 4) the Board of Trustees, College of Charleston;

( 5) the Board of Trustees, Lander College;

( 6) the Board of Trustees, Francis Marion College;

( 7) the Board of Visitors, The Citadel;

( 8) the Board of Trustees, the University of South Carolina;

( 9) the Board of Trustees, Winthrop College;

(10) the State Board for Technical and Comprehensive Education."

Cessation of State College Board of Trustees, etc.

SECTION 11. On and after the effective date of this act, the State College Board of Trustees shall cease to exist for all purposes, and any

reference to "State College Board of Trustees" contained in any law of this State must be construed to mean "Board of Trustees of the College of Charleston", "Board of Trustees of Lander College", or "Board of Trustees of Francis Marion College", or any combination of these boards, as may be applicable in accordance with the terms of the text of the particular law in question.

Chapter repealed

SECTION 12. Chapter 105 of Title 59 of the 1976 Code is repealed.

Initial trustees, governing boards of College of Charleston, Lander, Francis Marion

SECTION 13. Beginning with its 1988 session, the General Assembly shall elect, and the Governor shall appoint, the initial trustees for the governing boards of the College of Charleston, Francis Marion College, and Lander College in conformity with the provisions of this act. The General Assembly shall elect the initial elected trustees not sooner than April 1, 1988, with terms of all initial trustees to commence on July 1, 1988.

Board of Trustees of South Carolina State College; additional members

SECTION 14. Section 59-127-20 of the 1976 Code is amended by adding:

"C. In addition to the members of the Board of Trustees for South Carolina State College in subsections A and B of this section, the respective chairmen of the Senate Education Committee and the House Education and Public Works Committee, or a designee by either chairman from the membership of the respective

committees, constitute ex officio members of the board. Any designee under this subsection shall serve at the pleasure of the chairman appointing him."

President of State College Board of Trustees; option to serve on only one of three new boards

SECTION 15. Notwithstanding the provisions of Section 59-130-10 of the 1976 Code as contained in Section 1 of this act, Section 59-133-10 of the 1976 Code as contained in Section 2 of this act, and Section 59-135-10 of the 1976 Code as contained in Section 3 of this act, regarding any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees having the option of serving as a trustee on the new, separate board of trustees for an appropriate two-year term expiring June 30, 1990, the president of the State College Board of Trustees is limited to serving on only one of the three new, separate boards of trustees established by this act and may not serve on all three such boards.

Time effective

SECTION 16. This act takes effect upon approval by the Governor.