Current Status Introducing Body:Senate Bill Number:406 Primary Sponsor:Drummond Committee Number:04 Type of Legislation:GB Subject:Education, Superintendent of; appointment Residing Body:Senate Current Committee:Education Computer Document Number:JIC/5051.HC Introduced Date:Jan 09, 1991 Last History Body:Senate Last History Date:Jan 09, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN
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406 Senate Jan 09, 1991 Introduced and read first 04
time, referred to Committee
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TO AMEND SECTIONS 59-3-10 AND 59-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT HE MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE STATE BOARD OF EDUCATION, TO PROVIDE THAT HE SHALL RECEIVE A SALARY AND ALLOWANCE AS DETERMINED BY THE BOARD, TO PROVIDE THAT HE SHALL ACT AS SECRETARY AND ADMINISTRATIVE OFFICER TO THE STATE BOARD OF EDUCATION AND TO PROVIDE FOR FILLING A VACANCY IN THE OFFICE; AND TO AMEND SECTIONS 59-5-10 AND 59-5-60, RELATING TO THE COMPOSITION, ORGANIZATION, AND POWERS OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD CONSISTS OF SEVEN MEMBERS, ONE ELECTED FROM EACH CONGRESSIONAL DISTRICT BY THE GENERAL ASSEMBLY AND A CHAIRMAN APPOINTED FROM THE STATE AT LARGE BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE TERMS OF MEMBERS, TO PROHIBIT THE ELECTION OR APPOINTMENT OF A MEMBER WHO HAS A CONFLICT OF INTEREST, TO REQUIRE CANDIDATES FOR ELECTION TO BE SCREENED BY THE JOINT LEGISLATIVE SCREENING COMMITTEE, AND TO REQUIRE THE BOARD TO APPOINT THE STATE SUPERINTENDENT OF EDUCATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-3-10 of the 1976 Code is amended to read:
"Section 59-3-10. 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 appointed by the State Board of Education. The superintendent shall act as secretary and administrative officer for the board and shall possess the qualifications and perform the duties required by the board or by law. The superintenent shall serve at the pleasure of the board and shall receive the salary and allowances the board determines. 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, net exceeeding three hundred dollars, shall be paid out of the State Treasury upon duly itemized accounts rendered by him."
SECTION 2. Section 59-3-20 of the 1976 Code is amended to read:
"Section 59-3-20. In case a A vacancy occurs in the office of State Superintendent of Education, from any cause, such vacancy shall be filled by the Governor, by and with the advice and consent of the Senate, and the person so appointed shall qualify within fifteen days from the date of such appointment or else the office shall be deemed vacant. If the vacancy occur during the recess of the Senate, the Governor shall fill the same by appointment until the Senate can act thereon must be filled by appointment in the same manner of original appointment."
SECTION 3. Section 59-5-10 of the 1976 Code is amended to read:
"Section 59-5-10. The State Board of Education shall be composed of one member from each judicial circuit. The members shall serve terms of four years and until their successors are elected and qualify, except of those first elected, the members from the fifth, tenth and fourteenth circuits shall serve terms of one year; the members from the first, sixth, eighth and twelfth circuits shall serve terms of two years and the members from the fourth, seventh, ninth and eleventh circuits shall serve terms of three years. The terms of all members shall commence on January first following their election.
The legislative delegations representing the counties of each judicial circuit shall meet upon written call of a majority of the members of the delegations of each judicial circuit at a time and place to be designated in such call for the purpose of electing a member of the Board to represent such circuit. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given circuit shall constitute a quorum for the purpose of electing a member, but no person shall be declared elected who shall fail to receive a majority vote of all the members of the county legislative delegations from the circuit. The joint county legislative delegations of each circuit shall be organized by the election of a chairman and a secretary and such joint legislative delegations shall, subject to the provisions herein, adopt such rules as they deem proper to govern the election. Any absentee may vote by written proxy. The State Board of Education is composed of seven members. One member must be elected from each congressional district of the State by the General Assembly and one member appointed by the Governor from the State at large with the advice and consent of the Senate to serve as chairman. The terms of the elected members are for four years and until their successors are elected and qualify, except that the initial members from the first, third, and fifth congressional districts must be elected for terms of two years each. Vacancies must be filled by the Governor for the remainder of an unexpired term, and the term of the chairman is coterminous with that of the appointing Governor.
No person may be elected who has a conflict of interest. For the purpose of this chapter, a conflict of interest includes, but is not limited to, situations in which an individual's business interests or fiduciary obligations are affected by the decisions of the board.
A person desiring to offer as a candidate for a position as a member of the board must be screened and reviewed by the Joint Legislative Screening Committee pursuant to Chapter 19 of Title 2.
When the election is completed, the chairman and secretary of the joint county legislative delegations of each circuit General Assembly shall immediately transmit immediately the name of the person elected to the Secretary of State who shall forthwith immediately shall issue to such the person, after he has taken the usual oath of office, a certificate of election as a member of the State Board of Education. The Governor shall thereupon issue a commission to such the person and pending such the issuance the certificate of election shall be is a sufficient warrant to such the person to perform all of the duties and functions of his office.
Any vacancy shall be filled in the same manner as the original appointment for the unexpired portion of the term.
Representation of a given judicial circuit on the State Board of Education shall be rotated among the counties of the circuit, except by unanimous consent of all members of the county legislative delegations from the circuit. No member shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the circuit. Members of the legislative delegation of any county entitled to a member of the Board shall nominate persons for the office, one of whom shall be elected to the Board.
The board shall select its chairman and other officers to serve for such the terms as the board may designate designates. Provided, the Superintendent of Education shall serve as secretary and administrative officer to the Board. The board shall adopt its own rules and procedures. The chairman and other officers shall have such the powers and duties as may be determined by the board not inconsistent with the law.
At the initial meeting of the legislative delegations representing the counties of each circuit, it shall be determined by lot the sequence in which each county shall be entitled to nominate persons for the office."
SECTION 4. Section 59-5-60 of the 1976 Code is amended by adding a new item to be appropriately numbered to read:
"( ) Appoint the State Superintendent of Education."
SECTION 5. The terms of members of the State Board of Education serving in office on January 1, 1994, expire at noon on that date, at which time their successors appointed or elected in the manner provided by law shall take office.
SECTION 6. The term of the State Superintendent of Education serving in office on January 1, 1995, expires at noon on that date, at which time his successor appointed by the State Board of Education in the manner provided by law shall take office.
SECTION 7. Sections 1, 2, 4, and 6 of this act take effect January 1, 1995, and upon the ratification of amendments to the Constitution of this State deleting the requirement that the State Superintendent of Education be elected by the qualified electors of this State and providing that he must be appointed by the State Board of Education. The remaining sections of this act take effect January 1, 1994, and upon ratification of amendments to the Constitution of this State providing that members of the State Board of Education are elected by the General Assembly with the chairman appointed by the Governor with the advice and consent of the Senate.