H 3113 Session 109 (1991-1992)
H 3113 General Bill, By Wilkins, R.S. Corning and J.H. Hodges
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 the State Board of Education, to delete references to
his travel expenses, and to provide for filling a vacancy; 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 two members of the Board
must be appointed by the Governor with the advice and consent of each house of
the General Assembly from each Congressional District and one member from the
State at large who shall serve as Chairman, to provide that the Board shall
appoint the Superintendent of Education, and to provide the effective dates
for these Sections.
12/27/90 House Prefiled
12/27/90 House Referred to Committee on Education and Public Works
01/08/91 House Introduced and read first time HJ-68
01/08/91 House Referred to Committee on Education and Public
Works HJ-69
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 THE STATE BOARD OF
EDUCATION, TO DELETE REFERENCES TO HIS TRAVEL
EXPENSES, AND TO PROVIDE FOR FILLING A VACANCY; 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 TWO
MEMBERS OF THE BOARD MUST BE APPOINTED BY THE
GOVERNOR WITH THE ADVICE AND CONSENT OF EACH
HOUSE OF THE GENERAL ASSEMBLY FROM EACH
CONGRESSIONAL DISTRICT AND ONE MEMBER FROM THE
STATE AT LARGE WHO SHALL SERVE AS CHAIRMAN, TO
PROVIDE THAT THE BOARD SHALL APPOINT THE
SUPERINTENDENT OF EDUCATION, AND TO PROVIDE THE
EFFECTIVE DATES FOR THESE SECTIONS.
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 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. The State Board of Education shall
must be composed of one member two
members from each judicial circuit congressional
district of the State and one member from the State at large who shall
serve as chairman. The members must be appointed by the Governor
upon the advice and consent of each house of the General Assembly,
meeting separately, for terms of four years each and until their
successors are appointed and qualify, except that of those first appointed
by the Governor, four must be appointed for initial terms of two years
each, four must be appointed for initial terms of three years each, and
five including the at-large member serving as chairman must be
appointed for terms of four years each, and the Governor in making the
initial appointments shall specify the initial terms of office of each
member. No member may serve more than two consecutive four-year
terms on the board. 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. When the election is completed, the chairman and
secretary of the joint county legislative delegations of each circuit shall
immediately transmit the name of the person elected to the Secretary of
State who shall forthwith issue to such 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 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.
Any A vacancy shall must 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
other than the chairman to serve for such those
terms as the board may designate. Provided, the 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 59-5-60 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 by the Governor 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
an amendment to the Constitution of this State providing that members
of the State Board of Education are appointed by the Governor.
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