S 0718 General Bill, By A.S. Macaulay, Drummond, Leventis and McConnell
 A Bill to amend Sections 59-3-10 and 59-3-20, 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.

   04/21/93  Senate Introduced and read first time SJ-4
   04/21/93  Senate Referred to Committee on Education SJ-4
   02/24/94  Senate Committee report: Favorable with amendment
                     Education SJ-11
   03/17/94  Senate Amended SJ-22
   03/17/94  Senate Read second time SJ-25
   03/17/94  Senate Ordered to third reading with notice of
                     amendments SJ-25

COMMITTEE AMENDMENT AMENDED AND ADOPTED

March 17, 1994

S. 718

Introduced by SENATORS Macaulay, Leventis, Drummond and McConnell

S. Printed 3/17/94--S.

Read the first time April 21, 1993.

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 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.

Amend title to conform.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. 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 a majority of the members of the Senate voting and a majority of the members of the House of Representatives voting in joint assembly, and one member 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 term of the member appointed by the Governor is 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 appointment 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 member appointed by the Governor shall select be 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 2. 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 that member 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 3. This act takes 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 1 and 2 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 1 of this act, qualify and take office, at which time their then current terms shall expire.