Current Status Bill Number:153 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:GJK\21071SD.95 Residing Body:Senate Current Committee:Education Committee 04 SED Subject:Education Superintendent
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 04 SED
referred to Committee
Senate 19941017 Prefiled, referred to Committee 04 SED
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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 OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION, TO DELETE REFERENCES TO TRAVEL EXPENSES, AND TO PROVIDE FOR FILLING A VACANCY; TO AMEND SECTION 59-5-10, RELATING TO THE ELECTION, COMPOSITION, AND ORGANIZATION OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD, TO FURTHER PROVIDE FOR THE MANNER IN WHICH MEMBERS ARE SELECTED, TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE CHAIRMAN OF THE BOARD, AND TO PROVIDE THAT ANY MEMBER OF THE BOARD WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR MEETINGS FOR REASONS OTHER THAN ILLNESS IS CONSIDERED TO HAVE RESIGNED; TO AMEND SECTION 59-5-20, RELATING TO PERSONS ELIGIBLE FOR MEMBERSHIP ON THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND CERTAIN SCREENING OF MEMBERS OF THE BOARD; AND TO AMEND SECTION 59-5-60, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL 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 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 must be appointed by the State Board of Education. He or she shall have those qualifications as the board shall determine and as provided 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. At the time of giving bond, he shall take and subscribe the oath prescribed in Section 26, Article III of the Constitution of the State, which shall must be endorsed upon the back of the bond. The bond shall must be filed with and recorded by the Secretary of State, and by him recorded and, when. When so recorded, shall it must be filed with the State Treasurer. The Superintendent of Education shall receive as compensation for his services such the sum as the General Assembly shall by law provide provides, 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."
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 the original appointment."
SECTION 3. Section 59-5-10 of the 1976 Code is amended to read:
"Section 59-5-10.(A) The State Board of Education shall be is composed of one member from each judicial circuit the members hereinafter specified. 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, eight 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. One member must be elected from each congressional district of this State by the General Assembly, and five members must be appointed by the Governor from the State at large. The elected members shall serve terms of four years each and until their successors are elected and qualify, except that those members first elected from congressional districts one, three, and five shall serve initial terms of two years each. The terms of the members appointed by the Governor are coterminous with his term of office.
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 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.
(B) When the election is completed or the appointments made, the chairman and secretary of the joint county legislative delegations of each circuit shall appropriate officers of the General Assembly or the Governor immediately shall transmit the name of the person elected or appointed to the Secretary of State who shall forthwith issue to such the person, after he has taken the usual oath of office, a certificate of election or appointment as a member of the State Board of Education. The Governor shall thereupon issue a commission to such person and pending such issuance the certificate of election shall be a sufficient warrant to such person to perform all of the duties and functions of his office.
(C) Any member of the board who fails to attend three consecutive regular meetings of the board due to reasons other than illness is considered to have resigned and a vacancy in this office shall exist which must be filled in the manner provided by law. The chairman of the board shall ascertain the reasons for a member's absence which reason must be reflected in the minutes of that meeting.
(D) Any vacancy shall must be filled in the same manner as the original appointment or election 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.
(E) The board Governor shall select appoint its chairman and the board shall select other officers to serve for such those terms as the Governor or board may designate. Provided, except that 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 those 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 59-5-20 of the 1976 Code is amended to read:
"Section 59-5-20. Any person shall be eligible for membership on the Board who is a registered elector of this State, and each member of the Board shall take the oath prescribed in the Constitution of South Carolina before entering upon the duties of his office. The appointed and elected members of the board must be qualified electors of the State. No person may be elected or appointed to the board who has a conflict of interest. A conflict of interest for this purpose is defined as employment by a state or local education agency, institution, or school. A person desiring to serve as a member of the board, except those members appointed by the Governor, must be screened and reviewed pursuant to Chapter 19 of Title 2 before his election. Each member of the board shall take the oath of office prescribed in the Constitution of this State before entering upon the duties of office."
SECTION 5. 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 6. The State Superintendent of Education serving in office on the effective date of Sections 1, 2, and 5 of this act shall continue to serve until his or her current term of office expires, at which time his or her successor appointed by the State Board of Education in the manner provided by law shall take office.
SECTION 7. Sections 1, 2, and 5 of this act take effect upon ratification of amendments to Section 7, Article VI, and Section 2, Article XI of 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. Sections 3 and 4 of this act take effect upon the ratification of an amendment to Section 1, Article XI of the Constitution of this State authorizing the selection of members of the State Board of Education in the manner specified by Sections 3 and 4 of this act. The present members of the State Board of Education shall continue to serve until their successors, appointed or elected in the manner specified by Section 59-5-10 of the 1976 Code, as amended by Section 3 of this act, qualify and take office, at which time their then current terms shall expire.