H 3116 General Bill, By Wilkins, Cato, H.H. Clyborne, R.S. Corning, 
B.H. Harwell, Haskins and T.E. Huff
 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 Governor for a term of four years coterminous with
 that of the Governor and to provide that the above provisions are effective
 upon the ratification of an amendment to Section 7, Article VI of the
 Constitution of this State deleting the requirement that the State
 Superintendent of Education be elected by the qualified electors of this
 State.

   12/27/90  House  Prefiled
   12/27/90  House  Referred to Committee on Judiciary
   01/08/91  House  Introduced and read first time HJ-69
   01/08/91  House  Referred to Committee on Education and Public
                     Works HJ-70

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 GOVERNOR FOR A TERM OF FOUR YEARS COTERMINOUS WITH THAT OF THE GOVERNOR AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE STATE SUPERINTENDENT OF EDUCATION BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE.

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 Governor for a term of four years and until his successor is appointed and qualifies. The term of office of the State Superintendent must be coterminous with that of the Governor. 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,, of 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 must 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 occurs 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 for the remainder of the unexpired term."

SECTION 3. The State Superintendent of Education serving in office on the effective date of this act continues to serve until his current term of office expires, at which time his successor must be appointed in the manner provided by Section 59-3-10 of the 1976 Code, as amended by the provisions of this act.

SECTION 4. This act takes effect upon the ratification of an amendment to Section 7, Article VI of the Constitution of this State deleting the requirement that the State Superintendent of Education be elected by the qualified electors of this State.