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February 16, 2006
S. Printed 2/16/06--S.
Read the first time January 25, 2006.
RELATING TO THE INCORPORATION OF THE BOARD OF TRUSTEES OF PRESBYTERIAN COLLEGE, TO PROVIDE A CORPORATE NAME TO THE BOARD OF TRUSTEES, TO DEFINE AND ENUMERATE THE COMPOSITION AND POWERS OF THE BOARD, TO PROVIDE FOR AN EXECUTIVE COMMITTEE OF THE BOARD, TO PROVIDE FOR AWARDING DEGREES AND MARKS OF DISTINCTION, AND TO PROVIDE FOR CORPORATE SUCCESSION TO THE BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The corporate name of the Board of Trustees of the Presbyterian College of South Carolina is hereby changed to Presbyterian College. The college shall be located in Clinton, South Carolina.
SECTION 2. The Board of Trustees of Presbyterian College shall consist of not less than twenty-one nor more than forty-five voting members. The presbyteries of the Synod of South Atlantic of the Presbyterian Church (U.S.A.) will, with the concurrence of the Board of Trustees, elect from its membership within churches twenty-four trustees: ten from South Carolina with at least one from each of the five presbyteries, ten from Georgia with at least one from each of the five presbyteries, and four from Florida. The Board of Trustees may elect up to fifteen at-large members to the board, all of whom must be members of Christian Churches. The Alumni Association of the College may elect three members to the board, all of whom must be members of Christian Churches. The Board of Trustees may elect up to three presbytery executives to serve as members of the board.
In addition to the forty-five member Board of Trustees, as provided in this document, the board, upon recommendation of the Trusteeship and Honorary Degrees Committee, may elect to designate certain individuals as consulting trustees, advising trustees or emeritus trustees according to the bylaws of the college.
Trustees must be elected for a term of three years and serve until their successors are elected. Presbytery and at-large representatives are eligible for reelection for two additional terms; alumni representatives are eligible for reelection for one additional term. Presbytery executives are elected on a rotating basis to one three-year term. At-large representatives, who have served with extraordinary benefit to the college, may be reelected to additional terms. Consulting and advising trustees are elected as needed for a three-year term; emeritus trustees are elected to life membership. If either the electing presbytery or the Alumni Association fails to appoint or elect their members to the board, appointments to fill the vacancies may be made by the remaining members of the Board of Trustees in an annual meeting. The appointees shall serve until the electing presbytery or Alumni Association elects trustees in the manner provided by this act to succeed them.
SECTION 3. The Board of Trustees of Presbyterian College shall be vested with the control, management, and government of the college for the purpose of promoting Christian Education in harmony with the constitution of the Presbyterian Church (U.S.A.) and shall make and enact bylaws, rules and regulations for the governance of the college and for the preservation of order and good morals therein, not inconsistent with the laws of the land or the constitution of the Presbyterian Church (U.S.A.).
SECTION 4. The Board of Trustees of Presbyterian College shall have perpetual succession and common seal, may sue and be sued and may purchase, take, receive, and hold real and personal property and may sell, transfer, lease, mortgage, and convey any property held by them for the use and benefit of the college, but nothing in this section shall authorize the board to use or dispose of any property given, bequeathed, devised, or conveyed to the college contrary to the conditions annexed to the gift, bequest, devise, or conveyance by which the property is acquired.
SECTION 5. The Board of Trustees shall have the exclusive right to elect a president of the college who shall be its principal executive officer under the control and direction of the board. The board shall also elect such faculty and officers, as it may think proper and fix the salaries of all officers and faculty; provided, that in making provision for the salaries of the faculty and officers, it shall not be lawful for the trustees to make payment of such salaries a claim on the real estate and endowment of the college.
SECTION 6. The Board of Trustees shall appoint an executive committee to consist of not more than twelve members of the Board, which shall have the power to transact all business needful for the good of the college, except in such matters as may be expressly reserved to itself by the board.
SECTION 7. The president and those holding academic appointments at Presbyterian College shall be the faculty thereof and with the advice and consent of the Board of Trustees shall have the right to recommend to the board persons suitable to receive such degrees and marks of distinction as are usually conferred at colleges and universities.
SECTION 8. The Board of Trustees shall be authorized to change the name of the college and may change the name and title of the body politic and corporate hereby created. In case of change of name and title, the new body politic and corporate shall succeed to all the rights, powers, privileges, and advantages conferred by this act upon Presbyterian College. The board shall not change the location of the college without the concurrence of a two-thirds vote of the Synod of South Atlantic of the Presbyterian Church (U.S.A.), after notice given at the preceding stated meeting of the Synod.
SECTION 9. Act 1197 of 1930, as last amended by Act 297 of 1982, is repealed.
SECTION 10. This act takes effect upon approval by the Governor.
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