S*805 Session 105 (1983-1984)
S*0805(Rat #0401, Act #0354 of 1984) General Bill, By R.C. Lake
A Bill to amend Sections 59-105-20 and 59-105-30, both as amended, Code of
Laws of South Carolina, 1976, relating to the State College Board of Trustees,
so as to provide for the time for election of successors to trustees whose
terms are expiring, the time for elections to fill certain vacancies, and the
expiration of the term of a person elected to fill a vacancy; Sections
59-117-20 and 59-117-30, both as amended, relating to the University of South
Carolina and its governing board, so as to provide for the expiration of terms
of trustees whose terms commenced on April 1, 1982, the extension of terms of
trustees elected for terms to commence April, 1, 1984, and the commencement of
their ensuing terms on July 1, 1984, the time of commencement and expiration
of trustees' terms generally, the time for election of successors to trustees
whose terms are expiring, the time for elections to fill certain vacancies,
and the expiration of the term of a person elected to fill a vacancy; Section
59-123-50, as amended, relating to the Medical University of South Carolina
and its governing board, so as to delete language concerning the filling of
vacancies on the Board of Trustees and to provide for the time for election of
successors to Board members the General Assembly elects and the commencement
of the ensuing term of office, the time for elections to fill certain
vacancies, and the expiration of the term of a person elected to fill a
vacancy; and Sections 59-119-40, 59-125-30, and 59-127-20, all as amended,
relating, respectively, to Clemson University, Winthrop College, and South
Carolina State College and their governing boards, so as to provide for the
expiration of terms of present elective board members on the thirtieth day of
June of the year in which their terms are scheduled to expire, the time for
election of successors to trustees whose terms are expiring and the
commencement of the ensuing term of office, the time for elections to fill
certain vacancies, and the expiration of the term of a person elected to fill
a vacancy.-amended title
02/15/84 Senate Introduced and read first time SJ-656
02/15/84 Senate Referred to Committee on Education SJ-657
02/23/84 Senate Committee report: Favorable Education SJ-755
03/01/84 Senate Read second time SJ-871
03/13/84 Senate Read third time and sent to House SJ-979
03/14/84 House Introduced and read first time HJ-1460
03/14/84 House Referred to Committee on Education and Public
Works HJ-1461
04/05/84 House Committee report: Favorable with amendment
Education and Public Works HJ-2241
04/11/84 House Amended HJ-2332
04/11/84 House Read second time HJ-2336
04/12/84 House Read third time HJ-2399
04/12/84 House Returned HJ-2400
04/19/84 Senate Concurred in House amendment and enrolled SJ-1459
04/26/84 Ratified R 401
04/30/84 Signed By Governor
04/30/84 Effective date 04/30/84
04/30/84 Act No. 354
05/10/84 Copies available
(A354, R401, S805)
AN ACT TO AMEND SECTIONS 59-105-20 AND 59-105-30, BOTH AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES, SO AS
TO PROVIDE FOR THE TIME FOR ELECTION OF SUCCESSORS TO TRUSTEES WHOSE TERMS ARE
EXPIRING, THE TIME FOR ELECTIONS TO FILL CERTAIN VACANCIES, AND THE EXPIRATION
OF THE TERM OF A PERSON ELECTED TO FILL A VACANCY; SECTIONS 59-117-20 AND
59-117-30, BOTH AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA AND ITS
GOVERNING BOARD, SO AS TO PROVIDE FOR THE EXPIRATION OF TERMS OF TRUSTEES WHOSE
TERMS COMMENCED ON APRIL 1, 1982, THE EXTENSION OF TERMS OF TRUSTEES ELECTED FOR
TERMS TO COMMENCE APRIL 1, 1984, AND THE COMMENCEMENT OF THEIR ENSUING TERMS ON
JULY 1, 1988, THE TIME OF COMMENCEMENT AND EXPIRATION OF TRUSTEES' TERMS
GENERALLY, THE TIME FOR ELECTION OF SUCCESSORS TO TRUSTEES WHOSE TERMS ARE
EXPIRING, THE TIME FOR ELECTIONS TO FILL CERTAIN VACANCIES, AND THE EXPIRATION
OF THE TERM OF A PERSON ELECTED TO FILL A VACANCY; SECTION 59-123-50, AS AMENDED,
RELATING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND ITS GOVERNING BOARD, SO
AS TO DELETE LANGUAGE CONCERNING THE FILLING OF VACANCIES ON THE BOARD OF
TRUSTEES AND TO PROVIDE FOR THE TIME FOR ELECTION OF SUCCESSORS TO BOARD MEMBERS
THE GENERAL ASSEMBLY ELECTS AND THE COMMENCEMENT OF THE ENSUING TERM OF OFFICE,
THE TIME FOR ELECTIONS TO FILL CERTAIN VACANCIES, AND THE EXPIRATION OF THE TERM
OF A PERSON ELECTED TO FILL A VACANCY; AND SECTIONS 59-119-40, 59-125-30, and
59-127-20, ALL AS AMENDED, RELATING, RESPECTIVELY, TO CLEMSON UNIVERSITY,
WINTHROP COLLEGE, AND SOUTH CAROLINA STATE COLLEGE AND THEIR GOVERNING BOARDS,
SO AS TO PROVIDE FOR THE EXPIRATION OF TERMS OF PRESENT ELECTIVE BOARD MEMBERS
ON THE THIRTIETH DAY OF JUNE OF THE YEAR IN WHICH THEIR TERMS ARE SCHEDULED TO
EXPIRE, THE TIME FOR ELECTION OF SUCCESSORS TO TRUSTEES WHOSE TERMS ARE EXPIRING
AND THE COMMENCEMENT OF THE ENSUING TERM OF OFFICE, THE TIME FOR ELECTIONS TO
FILL CERTAIN VACANCIES, AND THE EXPIRATION OF THE TERM OF A PERSON ELECTED TO
FILL A VACANCY.
Be it enacted by the General Assembly of the State of South Carolina:
Successors to trustees
SECTION 1. Section 59-105-20 of the 1976 Code, as last amended by Act 130 of
1983, is further amended by adding at the end:
"Beginning with its 1984 session, the General Assembly shall elect
successors to those trustees whose terms are expiring no sooner than the first
day of April of the year in which the successor's term is to commence."
Elections
SECTION 2. Section 59-105-30 of the 1976 Code, as last amended by Act 130 of
1983, is further amended by adding at the end:
"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."
Terms of office
SECTION 3. Section 59-117-20 of the 1976 Code, as last amended by Act 130 of
1983, is further amended to read:
"Section 59-117-20. The regular term of office of each trustee elected
by the General Assembly is four years; however, the trustee shall continue to
function as a trustee after his term has expired until his successor is elected
and qualifies. Trustees from the first, third, fifth, seventh, ninth, eleventh,
twelfth, and thirteenth judicial circuits whose terms expire March 31, 1982, must
next be elected for terms commencing on April 1, 1982, and those terms expire on
June 30, 1986. Trustees from the second, fourth, sixth, eighth, tenth,
fourteenth, fifteenth, and sixteenth judicial circuits elected for terms to
commence April 1, 1984, shall have their terms extended to June 30, 1988, and
must next be elected for terms commencing on July 1, 1988. Thereafter, the
General Assembly shall hold elections every two years for the purpose of
selecting successors of those trustees whose terms are then expiring. The term
of office of an elective trustee commences on the first day of July of the year
in which the trustee under this plan is scheduled to be elected and the term
continues until the thirtieth day of June of the year in which the term is
scheduled to expire. After its 1984 session, the General Assembly shall elect
successors to those elective trustees whose terms are expiring not earlier than
the first day of April of the year the term expires. 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 term of office of the at-large trustee appointed by the Governor is
effective upon certification to the Secretary of State and is four years. If the
Governor, the chairman of the Senate Committee on Education, or the chairman of
the House Committee on Education and Public Works chooses to designate a member
to serve in his stead as permitted by Section 59-117-10, the appointment is
effective upon certification to the Secretary of State and shall continue, at the
pleasure of those making the appointment, so long as they continue to hold the
specified office.
The term of the President of the Greater University of South Carolina Alumni
Association is for the active term of office as president."
Elections
SECTION 4. Section 59-117-30 of the 1976 Code, as last amended by Act 130 of
1983, is further amended by adding at the end:
"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."
Terms of present members
SECTION 5. Section 59-119-40 of the 1976 Code, as last amended by Act 130 of
1983, is further amended by adding at the end:
"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. Beginning with its 1984 session, 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."
Trustees to continue to serve
SECTION 6. Section 59-123-50 of the 1976 Code, as last amended by Act 130 of
1983, is further amended to read:
"Section 59-123-50. The present members of the board of trustees shall
continue to serve until July 1, 1966, at which time their terms shall terminate
and the members of the board to succeed the present members, and to fill the
additional membership provided in Section 59-123-40, must be elected at a joint
session of the General Assembly on the following dates: On the first Wednesday
in February 1966, members representing the medical profession (medical doctor,
dentist, registered nurse, or licensed pharmacist) and on the second Wednesday
in February 1966, lay members or nonmedical members. One member of the medical
profession from each congressional district and one layman or member of a
nonmedical profession from each congressional district must be elected. The
terms of all members elected commence on July 1, 1966. Of those first elected,
the member who represents the medical profession from the first, second, and
third congressional districts and lay members or members of the nonmedical
profession from the fourth, fifth, and sixth congressional districts must be
elected for terms of four years or until their successors are elected and
qualify. The member of the board of trustees who represents the medical
profession from the fourth, fifth, and sixth congressional districts and the
members who are laymen or members of nonmedical professions from the first,
second, and third congressional districts must be elected for terms of two years
or until their successors are elected and qualify. Their successors must be
elected for terms of four years or until their successors are elected and
qualify. After its 1984 session, the General Assembly shall elect successors to
those members it elects 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 succeed the member expires on
the last day of June of the year in which the term of the former member would
have expired. 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 term of the at-large trustee appointed by the Governor is effective upon
certification to the Secretary of State and is four years. Any vacancy in the
office of the member appointed by the Governor must be filled by appointment for
the unexpired term in the same manner of original appointment. If the Governor,
the Chairman of the Committee on Medical Affairs of the Senate, or the Chairman
of the Committee on Medical, Military, Public and Municipal Affairs of the House
of Representatives chooses to designate a member to serve in his stead, as
permitted by Section 59-123-40, the appointment is effective upon certification
to the Secretary of State and shall continue, at the pleasure of those making the
appointment, so long as they continue to hold the specified office."
Term of office
SECTION 7. Section 59-125-30 of the 1976 Code, as last amended by Act 130 of
1983, is further amended to read:
"Section 59-125-30. The regular term of office of the elective members
of the board of trustees is six years with the members first elected being
elected two for two years, two for four years, and three for 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 General Assembly shall hold elections every even-numbered
year to fill vacancies as they occur in the board by the expiration of terms of
office. The present 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. After its 1984 session, the General Assembly shall elect
successors to those trustees whose terms are expiring not earlier than the first
day of April for a term to begin the following July first. 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 in the
board of trustees among the elected members, the Governor may fill it by
appointment until the next session of the General Assembly. The successors to
the two present members who are graduates of Winthrop College appointed by the
Winthrop College Alumnae Association or its successors must be elected by the
members of the Winthrop College Alumnae Association at its annual meeting held
at Winthrop College during commencement week in 1958 and they shall serve for a
term of four years and their successors must be elected at the similar annual
meeting every four years thereafter. The names of the two 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 is effective upon
certification to the Secretary of State and is six years. 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.
If the Chairman of the Committee on Education of the Senate or the Chairman of
the Committee on Education and Public Works of the House of Representatives
chooses to designate a member to serve in his stead, as permitted by Section
59-125-20, the appointment is effective upon certification to the Secretary of
State and shall continue, at the pleasure of those making the appointment, so
long as they continue to hold the specified office."
Terms of present members
SECTION 8. Subsection A of Section 59-127-20 of the 1976 Code, as last amended
by Act 130 of 1983, is further amended by adding at the end:
"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. After its 1984 session, 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."
Time effective
SECTION 9. This act shall take effect upon approval by the Governor. |