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H 3041
Session 121 (2015-2016)


H 3041 Joint Resolution, By Delleney, Allison, Atwater, Ballentine, Bannister, 
Bedingfield, Bingham, Bradley, Brannon, Burns, Clary, Clemmons, Collins, 
H.A. Crawford, Daning, Duckworth, Erickson, Forrester, Goldfinch, Hamilton, 
Hardee, Hardwick, Henderson, Herbkersman, Hicks, Hill, Hiott, Hixon, Horne, 
Huggins, Kennedy, Limehouse, Loftis, Long, Lowe, Lucas, McCoy, Merrill, 
D.C. Moss, V.S. Moss, Murphy, Nanney, Newton, Pitts, Pope, Putnam, Ryhal, 
Sandifer, Simrill, G.M. Smith, G.R. Smith, Sottile, Spires, Stringer, Tallon, 
Taylor, Thayer, Wells, White, Whitmire, Willis, Yow, Funderburk, Corley and 
Bales

Similar(S 68, S 120, S 1017) A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE. 12/11/14 HouseNext Prefiled 12/11/14 PreviousHouseNext Referred to Committee on Judiciary 01/13/15 PreviousHouseNext Introduced and read first time (PreviousHouseNext Journal-page 74) 01/13/15 PreviousHouseNext Referred to Committee on Judiciary (PreviousHouseNext Journal-page 74) 01/21/15 PreviousHouseNext Member(s) request name added as sponsor: J.E.Smith 01/28/15 PreviousHouseNext Committee report: Favorable Judiciary (PreviousHouseNext Journal-page 5) 01/29/15 PreviousHouseNext Member(s) request name added as sponsor: Funderburk 02/03/15 PreviousHouseNext Member(s) request name removed as sponsor: J.E.Smith 02/03/15 PreviousHouseNext Requests for debate-Rep(s). Bannister, Ott, Hart, JE Smith, Gambrell, WJ McLeod, Ling, Gagnon, Knight, Douglas, Crosby, Anthony, Tallon, RL Brown, Putnam, Forrester, Henegan, Chumley, Anderson, Hicks, Brannon, Gilliard, Hosey, Clybruen, Clary, Weeks, Norman, McCoy, Dilliard, Robinson-Simpson, Ballentine, Huggins, Atwater, Loftis, Ridgeway (PreviousHouseNext Journal-page 35) 02/04/15 PreviousHouseNext Debate adjourned until Thur., 2-5-15 (PreviousHouseNext Journal-page 40) 02/05/15 PreviousHouseNext Debate adjourned until Tues., 2-10-15 (PreviousHouseNext Journal-page 29) 02/11/15 PreviousHouseNext Debate adjourned until Wed., 2-18-15 (PreviousHouseNext Journal-page 53) 02/19/15 PreviousHouseNext Member(s) request name removed as sponsor: McKnight 02/19/15 PreviousHouseNext Debate adjourned until Tues., 2-25-15 (PreviousHouseNext Journal-page 40) 02/25/15 PreviousHouseNext Debate adjourned until Tues., 3-3-15 (PreviousHouseNext Journal-page 29) 03/03/15 PreviousHouseNext Member(s) request name added as sponsor: Corley 03/04/15 PreviousHouseNext Debate adjourned until Thur., 3-5-15 (PreviousHouseNext Journal-page 69) 03/05/15 PreviousHouseNext Debate adjourned until Tues., 3-17-15 (PreviousHouseNext Journal-page 50) 03/18/15 PreviousHouseNext Debate adjourned until Thur., 3-19-15 (PreviousHouseNext Journal-page 27) 03/19/15 PreviousHouseNext Debate adjourned until Tues., 3-24-15 (PreviousHouseNext Journal-page 26) 03/25/15 PreviousHouseNext Read second time (PreviousHouseNext Journal-page 77) 03/25/15 PreviousHouseNext Roll call Yeas-67 Nays-40 (PreviousHouseNext Journal-page 79) 03/26/15 PreviousHouseNext Recommitted to Committee on Judiciary (PreviousHouseNext Journal-page 48) 02/03/16 PreviousHouseNext Committee report: Favorable with amendment Judiciary (PreviousHouseNext Journal-page 2) 02/09/16 PreviousHouseNext Debate adjourned until Wed., 2-10-16 (PreviousHouseNext Journal-page 21) 02/10/16 PreviousHouseNext Member(s) request name added as sponsor: Bales 02/10/16 PreviousHouseNext Amended (PreviousHouseNext Journal-page 16) 02/10/16 PreviousHouseNext Read second time (PreviousHouseNext Journal-page 16) 02/10/16 PreviousHouseNext Roll call Yeas-93 Nays-21 (PreviousHouseNext Journal-page 19) 02/11/16 PreviousHouseNext Read third time and sent to Senate (PreviousHouseNext Journal-page 43) 02/11/16 PreviousHouseNext Roll call Yeas-83 Nays-20 (PreviousHouse Journal-page 44) 02/11/16 Senate Introduced and read first time (Senate Journal-page 5) 02/11/16 Senate Referred to Committee on Judiciary (Senate Journal-page 5) 04/19/16 Senate Polled out of committee Judiciary (Senate Journal-page 13) 04/19/16 Senate Committee report: Majority favorable with amend., minority unfavorable Judiciary (Senate Journal-page 13)


H. 3041

POLLED OUT OF COMMITTEE

MAJORITY FAVORABLE

April 19, 2016

H. 3041

Introduced by Reps. Delleney, Allison, Atwater, Ballentine, Bannister, Bedingfield, Bingham, Bradley, Brannon, Burns, Clary, Clemmons, Collins, H.A. Crawford, Daning, Duckworth, Erickson, Forrester, Goldfinch, Hamilton, Hardee, Hardwick, Henderson, Herbkersman, Hicks, Hill, Hiott, Hixon, Horne, Huggins, Kennedy, Limehouse, Loftis, Long, Lowe, Lucas, McCoy, Merrill, D.C. Moss, V.S. Moss, Murphy, Nanney, Newton, Pitts, Pope, Putnam, Ryhal, Sandifer, Simrill, G.M. Smith, G.R. Smith, Sottile, Spires, Stringer, Tallon, Taylor, Thayer, Wells, White, Whitmire, Willis, Yow, Funderburk, Corley and Bales

S. Printed 4/19/16--S.

Read the first time February 11, 2016.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (H. 3041) proposing an amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, relating to the constitutional officers of this State, so as to delete the Superintendent, etc., respectfully

REPORT:

Has polled the Joint Resolution out majority favorable.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE.

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

SECTION    1.    It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on January 10, 2019, and after the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the Senate. The appointed Superintendent of Education shall serve at the pleasure of the Governor. The General Assembly shall provide by law for the duties, compensation, and qualifications for office, and the procedures by which the appointment is made."

SECTION    2.    The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State, relating to state constitutional officers, be amended so as to provide that upon the expiration of the term of the Superintendent of Education serving in office on January 10, 2019, and after the date of the ratification of this provision, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the Senate; to provide that the appointed Superintendent of Education shall serve at the pleasure of the Governor; and to require the General Assembly to provide by law for the duties, compensation, and qualifications for office, and the procedures by which the appointment is made?

Yes    []

No    []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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