S 153 Session 111 (1995-1996)
S 0153 General Bill, By McConnell
A Bill to amend Section 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 person 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.
10/17/94 Senate Prefiled
10/17/94 Senate Referred to Committee on Education
01/10/95 Senate Introduced and read first time SJ-55
01/10/95 Senate Referred to Committee on Education SJ-55
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.
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.
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