H 3183 Session 111 (1995-1996)
H 3183 General Bill, By Wilkins
Similar(H 3134)
A Bill to amend Sections 59-3-10 and 59-3-20, Code of Laws of South Carolina,
1976, relating to the State Superintendent, so as to provide that beginning in
1999 the Superintendent 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.
01/10/95 House Introduced and read first time HJ-71
01/10/95 House Referred to Committee on Judiciary HJ-71
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 BEGINNING IN 1999 THE SUPERINTENDENT 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 or her 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 shall
continue to be popularly elected in the manner now provided by
law until the date the Governor elected at the 1998 general election
takes office, at which time the Superintendent of Education 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.
-----XX----- |