South Carolina General Assembly
114th Session, 2001-2002

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Bill 892


                    Current Status

Bill Number:                      892
Ratification Number:              291
Act Number:                       250
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020116
Primary Sponsor:                  Hayes
All Sponsors:                     Hayes, Peeler, Gregory and Short
Drafted Document Number:          l:\council\bills\skb\18137sd02.doc
Date Bill Passed both Bodies:     20020425
Date of Last Amendment:           20020424
Governor's Action:                S
Date of Governor's Action:        20020514
Subject:                          Winthrop University Trustees, manner in 
                                  which elected; Governing boards of 
                                  institutions of higher learning, meeting 
                                  attendance provisions


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020603  Act No. A250
------  20020514  Signed by Governor
------  20020508  Ratified R291
Senate  20020425  Concurred in House amendment, 
                  enrolled for ratification
House   20020425  Read third time, returned to Senate
                  with amendment
House   20020424  Amended, read second time
House   20020423  Committee report: Favorable with       21 HEPW
                  amendment
House   20020219  Introduced, read first time,           21 HEPW
                  referred to Committee
Senate  20020214  Read third time, sent to House
------  20020214  Scrivener's error corrected
Senate  20020213  Amended, read second time, 
                  notice of general amendments
------  20020213  Scrivener's error corrected
Senate  20020212  Committee report: Favorable with       04 SED
                  amendment
Senate  20020116  Introduced, read first time,           04 SED
                  referred to Committee


              Versions of This Bill
Revised on February 12, 2002 - Word format
Revised on February 13, 2002 - Word format
Revised on February 13, 2002-A - Word format
Revised on February 13, 2002-B - Word format
Revised on February 14, 2002 - Word format
Revised on April 23, 2002 - Word format
Revised on April 24, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A250, R291, S892)

AN ACT TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE SELECTED AND FOR THEIR TERMS OF OFFICE, AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION; AND BY ADDING SECTION 59-101-285 SO AS TO PROVIDE THAT A MEMBER OF THE GOVERNING BOARD OF AN INSTITUTION OF HIGHER LEARNING MUST ATTEND AT LEAST TWO-THIRDS OF THE REGULAR AND SPECIAL MEETINGS OF THE BOARD DURING ANY CALENDAR YEAR OR A VACANCY IN THAT OFFICE SHALL EXIST, AND TO ESTABLISH PROCEDURES TO PROVIDE NOTIFICATION OF THE VACANCY AND FOR THE FILLING OF THE VACANCY.

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

Selection of trustees, terms

SECTION 1. Section 59-125-30 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 59-125-30. Of the seven members to be elected by the General Assembly, one member must be elected from each of the six congressional districts and one member must be elected by the General Assembly from the State at large. Each representative of a congressional district must be a resident of the congressional district represented. The regular term of office of the elective members of the board of trustees is 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 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. Those persons elected by the General Assembly shall have their seats designated as the seat number corresponding to the Congressional District from which they are elected with the at-large member designated as Seat Seven. The General Assembly shall hold elections to fill vacancies as they occur on the board by the expiration of terms of office, as follows: Seat One in 2006, Seat Two in 2008, Seat Three in 2004, Seat Four in 2004, Seat Five in 2006, Seat Six in 2008, and Seat Seven in 2005. 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 on the board of trustees among the elected members, the Governor may fill it by appointment until the next session of the General Assembly. The State Superintendent of Education or the Superintendent's designee shall serve in Seat Eight, ex officio. Seat Eleven shall be a member appointed by the Governor. The Governor or the Governor's designee shall serve in Seat Twelve, ex officio. The members of the board elected by the Winthrop University Alumni Association or its successors shall be elected for four-year terms to fill Seats Nine and Ten in 2002. In 2006, the person elected by the Winthrop University Alumni Association or its successors to fill Seat Nine shall serve a six-year term and the person elected by the Winthrop University Alumni Association or its successors to fill Seat Ten shall serve a four-year term. At the completion of those terms of office, all subsequent members of the board elected by the Winthrop University Alumni Association or its successors to fill Seats Nine and Ten shall be elected for six-year terms. The names of those 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 to Seat Eleven is effective upon certification to the Secretary of State and is coterminous with the term of office of the Governor. 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."

Attendance requirements

SECTION 2. The 1976 Code is amended by adding:

"Section 59-101-285. Notwithstanding any other provision of law or special provision applicable to a particular institution, a member of the governing board of an institution of higher learning as defined in Section 59-103-5 must attend at least two-thirds of the regular and special meetings of the board during any calendar year or a vacancy in that office is deemed to exist as of January first of the next year which shall be filled in the manner provided by law. The chairman of that board when a violation of this section occurs shall report the violation to the appointing or electing authority within thirty days after the close of the calendar year in which the violation occurred. The member of the governing board who missed such meetings thereby causing the vacancy is ineligible for reelection or reappointment to that board for a period of ten years thereafter."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 8th day of May, 2002.

Approved the 14th day of May, 2002.

__________


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