S 406 Session 109 (1991-1992)
S 0406 General Bill, By Drummond
A Bill 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.
01/09/91 Senate Introduced and read first time SJ-13
01/09/91 Senate Referred to Committee on Education SJ-14
A BILL
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.
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