Reference is to Printer's Date 1/25/17-H.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 59-3-10 of the 1976 Code is amended to read:
"Section 59-3-10.
(A) The State Superintendent of
Education shall must be elected
at each general election in the same manner as other State
officers and shall enter upon the duties of his office at the
time prescribed by law. Before entering upon the duties of his
office he shall give bond for the use of the State in the penal
sum of five thousand dollars, with good and sufficient sureties,
to be approved by the Governor, conditioned for the faithful and
impartial performance of the duties of his office, and he shall
also, at the time of giving bond, take and subscribe the oath
prescribed in Section 26 of Article III of the Constitution of
the State, which shall be endorsed upon the back of the bond.
The bond shall be filed with the Secretary of State, and by him
recorded and, when so recorded, shall be filed with the State
Treasurer. The Superintendent of Education shall receive as
compensation for his services such sum as the General Assembly
shall by law provide, payable monthly out of the State Treasury,
and his traveling expenses, not exceeding three hundred dollars,
shall be paid out of the State Treasury upon duly itemized
accounts rendered by him appointed by the Governor,
with the advice and consent of the Senate. The superintendent
shall serve at the pleasure of the Governor and must receive
such compensation as may be established under the provision of
Section 8-11-160. A vacancy in the office of superintendent must
be filled as provided in Section 1-30-10(B)(1)(iv) and in
Section 1-3-210, as applicable.
(B) The
Superintendent of Education must possess:
(1)
the minimum of a master's degree and substantive
and broad-based experience in the field of public education
including, but not limited to, service as a classroom teacher,
principal, other school or school district administrator, school
district superintendent, or other education policy making body
at either the state or local level or any combination of them;
or
(2)
the minimum of a master's degree and substantive
and broad-based experience in operational and financial
management in any field of expertise including, but not limited
to, finance, economics, accounting, law, or business.
(C) Any
judicial action challenging the qualifications of a candidate or
appointee, as appropriate, must be brought in circuit court
within thirty days of the close of candidate filing or
appointment for Superintendent of Education.
SECTION 2. Section 1-30-10(B)(1) of the 1976 Code, as last amended by Act 121 of 2014, is further amended to read:
"(1) The governing
authority of each department shall be:
(i)
a director or a secretary, who must be appointed by the
Governor with the advice and consent of the Senate, subject to
removal from office by the Governor pursuant to provisions of
Section 1-3-240(B); or
(ii)
a board to be appointed and constituted in a manner
provided for by law; or
(iii)
in the case of the Department of Agriculture and
the Department of Education, the State Commissioner of
Agriculture and the State Superintendent of Education,
respectively, elected to office under the Constitution
of this State; or
(iv)
in the case of the Department of Education, the
State Superintendent of Education appointed by the Governor with
the advice and consent of the Senate, serving at the pleasure of
the Governor; or
(v)
in the case of the Department of Transportation, a
seven member commission constituted in a manner provided by law,
and a Secretary of Transportation appointed by and serving at
the pleasure of the Governor."
SECTION 3. Section 1-1-1210 of the 1976 Code is amended to read:
"Section 1-1-1210.
The annual salaries of the state officers listed below
are:
Governor
$98,000
Lieutenant Governor
43,000
Secretary of State
85,000
State Treasurer
85,000
Attorney General
85,000
Comptroller General
85,000
Superintendent of
Education
85,000 Adjutant General
85,000
Commissioner of Agriculture
85,000
These salaries must be increased by two
percent on July 1, 1991, and on July first of each succeeding
year through July 1, 1994.
A state officer whose salary is provided in
this section may not receive compensation for ex officio service
on any state board, committee, or commission."
SECTION 4. The person elected State Superintendent of Education in the 2018 General Election shall serve out his term; however, if the person vacates that office before the term expires in January 2023, any successors must: (1) be appointed as provided in Section 1-30-10(B)(1)(iv); and (2) must satisfy the experience requirements of Section 59-3-10(B).
SECTION 5. Section 59-3-20 of the 1976 Code is repealed.
SECTION 6. The provisions of Section 59-3-10(B), as contained in SECTION 1, take effect upon approval by the Governor. The remaining provisions of this act take effect upon approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution, 1895, providing for the appointment of the State Superintendent of Education by the Governor, with the advice and consent of the Senate, and are applicable beginning with the 2018 General Election. /
Renumber sections to conform.
Amend title to conform.