South Carolina General Assembly
122nd Session, 2017-2018

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S. 27

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen, Young, Hembree, Climer, Gregory, Scott, J. Matthews, Setzler, Turner and Timmons
Document Path: l:\council\bills\agm\19025wab17.docx

Introduced in the Senate on January 10, 2017
Introduced in the House on February 7, 2017
Last Amended on February 2, 2017
Currently residing in the House Committee on Judiciary

Summary: State Superintendent of Education election

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2016  Senate  Prefiled
  12/13/2016  Senate  Referred to Committee on Education
   1/10/2017  Senate  Introduced and read first time (Senate Journal-page 28)
   1/10/2017  Senate  Referred to Committee on Education 
                        (Senate Journal-page 28)
   1/26/2017  Senate  Committee report: Favorable with amendment Education 
                        (Senate Journal-page 10)
   1/27/2017          Scrivener's error corrected
   1/31/2017  Senate  Special order, set for January 31, 2017 
                        (Senate Journal-page 35)
    2/1/2017  Senate  Committee Amendment Adopted (Senate Journal-page 38)
    2/1/2017  Senate  Amended (Senate Journal-page 38)
    2/1/2017  Senate  Read second time (Senate Journal-page 38)
    2/1/2017  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 38)
    2/2/2017  Senate  Amended (Senate Journal-page 14)
    2/2/2017  Senate  Read third time and sent to House 
                        (Senate Journal-page 14)
    2/2/2017  Senate  Roll call Ayes-39  Nays-0 (Senate Journal-page 14)
    2/2/2017          Scrivener's error corrected
    2/3/2017          Scrivener's error corrected
    2/7/2017  House   Introduced and read first time (House Journal-page 6)
    2/7/2017  House   Referred to Committee on Judiciary (House Journal-page 6)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/13/2016
1/26/2017
1/27/2017
2/1/2017
2/2/2017
2/2/2017-A
2/3/2017

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

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Indicates New Matter

AS PASSED BY THE SENATE

February 2, 2017

S. 27

Introduced by Senators Campsen, Young, Hembree, Climer, Gregory, Scott, Setzler, J. Matthews and Turner

S. Printed 2/2/17--S.    [SEC 2/3/17 2:22 PM]

Read the first time January 10, 2017.

            

A BILL

TO AMEND SECTION 59-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE SUPERINTENDENT BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE TERM, QUALIFICATIONS, AND FILLING OF A VACANCY IN THE OFFICE OF SUPERINTENDENT; AND TO REPEAL SECTION 59-3-20 RELATING TO VACANCIES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION.

Amend Title To Conform

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.    (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 1-30-100(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.

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This web page was last updated on February 13, 2017 at 11:26 AM