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S*27 Session 122 (2017-2018)
S*0027(Rat #0194, Act #0178 of 2018) General Bill, By Campsen, Young, Hembree,
Climer, Gregory, Scott, J. Matthews, Setzler, Turner and Timmons
AN ACT TO AMEND SECTION 59-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE ELECTION OF THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO
PROVIDE FOR THE APPOINTMENT OF THE SUPERINTENDENT BY THE GOVERNOR WITH THE
ADVICE AND CONSENT OF THE SENATE TO SERVE AT THE PLEASURE OF THE GOVERNOR, TO
PROVIDE FOR THE MANNER OF FILLING VACANCIES, TO PROVIDE FOR THE COMPENSATION
OF THE SUPERINTENDENT, AND TO PROVIDE TIME LIMITS WITHIN WHICH JUDICIAL
CHALLENGES TO THE QUALIFICATIONS OF SUCH AN APPOINTED SUPERINTENDENT MAY BE
BROUGHT, ALL TO TAKE EFFECT UPON THE APPROVAL AND RATIFICATION OF A CERTAIN
RELATED AMENDMENT TO THE STATE CONSTITUTION AND TO BECOME APPLICABLE BEGINNING
WITH THE 2018 GENERAL ELECTION, AND TO PROVIDE REVISED ACADEMIC AND EXPERIENCE
QUALIFICATIONS OF THE SUPERINTENDENT WHICH IMMEDIATELY TAKE EFFECT UPON
APPROVAL OF THE GOVERNOR; TO AMEND SECTION 1-30-10, RELATING TO THE GOVERNING
AUTHORITIES OF THE VARIOUS DEPARTMENTS OF STATE GOVERNMENT, SO AS TO MAKE A
CONFORMING CHANGE WITH RESPECT TO THE STATE DEPARTMENT OF EDUCATION, TO TAKE
EFFECT UPON THE APPROVAL AND RATIFICATION OF A CERTAIN RELATED AMENDMENT TO
THE STATE CONSTITUTION AND TO BECOME APPLICABLE BEGINNING WITH THE 2018
GENERAL ELECTION; TO AMEND SECTION 1-1-1210, RELATING TO THE SALARIES OF
SPECIFIC STATE OFFICERS, SO AS TO MAKE A CONFORMING CHANGE BY REMOVING THE
STATE SUPERINTENDENT OF EDUCATION, TO TAKE EFFECT UPON THE APPROVAL AND
RATIFICATION OF A CERTAIN RELATED AMENDMENT TO THE STATE CONSTITUTION AND TO
BECOME APPLICABLE BEGINNING WITH THE 2018 GENERAL ELECTION; TO PROVIDE THAT
THE PERSON ELECTED STATE SUPERINTENDENT OF EDUCATION IN THE 2018 GENERAL
ELECTION SHALL SERVE THE REMAINDER OF HIS TERM, AND TO PROVIDE FOR THE
APPOINTMENT OF HIS SUCCESSOR IF HE VACATES THE OFFICE BEFORE THE END OF THIS
TERM, BOTH TO TAKE EFFECT UPON THE APPROVAL AND RATIFICATION OF A CERTAIN
RELATED AMENDMENT TO THE STATE CONSTITUTION AND TO BECOME APPLICABLE BEGINNING
WITH THE 2018 GENERAL ELECTION; AND TO REPEAL SECTION 59-3-20 RELATING TO
VACANCIES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. - ratified
title
12/13/16 Senate Prefiled
12/13/16 Senate Referred to Committee on Education
01/10/17 Senate Introduced and read first time (Senate Journal-page 28)
01/10/17 Senate Referred to Committee on Education
(Senate Journal-page 28)
01/26/17 Senate Committee report: Favorable with amendment
Education (Senate Journal-page 10)
01/27/17 Scrivener's error corrected
01/31/17 Senate Special order, set for January 31, 2017
(Senate Journal-page 35)
02/01/17 Senate Committee Amendment Adopted (Senate Journal-page 38)
02/01/17 Senate Amended (Senate Journal-page 38)
02/01/17 Senate Read second time (Senate Journal-page 38)
02/01/17 Senate Roll call Ayes-41 Nays-0 (Senate Journal-page 38)
02/02/17 Senate Amended (Senate Journal-page 14)
02/02/17 Senate Read third time and sent to House
(Senate Journal-page 14)
02/02/17 Senate Roll call Ayes-39 Nays-0 (Senate Journal-page 14)
02/02/17 Scrivener's error corrected
02/03/17 Scrivener's error corrected
02/07/17  House Introduced and read first time (House Journal-page 6)
02/07/17 House Referred to Committee on Judiciary
(House Journal-page 6)
03/21/18 House Committee report: Favorable Judiciary
(House Journal-page 59)
03/22/18 House Requests for debate-Rep(s). Delleney, Sandifer,
Hiott, GR Smith, Hixon, Govan, Douglas, King,
Bamberg, McEachern, Brawley, Toole, Clemmons,
Fry, Jefferson, Henegan, Anderson, Brown, Mack,
Blackwell, Long, Forrester, Robinson-Simpson,
Dillard, Kirby, Hosey, West, Yow, Williams,
Crawford (House Journal-page 31)
04/04/18 House Debate adjourned until Tues., 4-10-18
(House Journal-page 78)
04/11/18 House Debate adjourned until Thur., 4-12-18
(House Journal-page 19)
04/12/18 House Debate adjourned until Tues., 4-17-18
(House Journal-page 8)
04/18/18 House Debate adjourned until Tues., 4-24-18
(House Journal-page 71)
04/24/18 Scrivener's error corrected
05/01/18 House Read second time (House Journal-page 85)
05/01/18 House Roll call Yeas-83 Nays-26 (House Journal-page 85)
05/01/18 House Reconsidered (House Journal-page 101)
05/03/18 House Read third time and enrolled (House Journal-page 33)
05/14/18 Ratified R 194
05/15/18 Signed By Governor
05/23/18 Effective date 05/15/18
05/31/18 Act No. 178
S. 27
(A178, R194, S27)
AN ACT TO AMEND SECTION 59-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE SUPERINTENDENT BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE TO SERVE AT THE PLEASURE OF THE GOVERNOR, TO PROVIDE FOR THE MANNER OF FILLING VACANCIES, TO PROVIDE FOR THE COMPENSATION OF THE SUPERINTENDENT, AND TO PROVIDE TIME LIMITS WITHIN WHICH JUDICIAL CHALLENGES TO THE QUALIFICATIONS OF SUCH AN APPOINTED SUPERINTENDENT MAY BE BROUGHT, ALL TO TAKE EFFECT UPON THE APPROVAL AND RATIFICATION OF A CERTAIN RELATED AMENDMENT TO THE STATE CONSTITUTION AND TO BECOME APPLICABLE BEGINNING WITH THE 2018 GENERAL ELECTION, AND TO PROVIDE REVISED ACADEMIC AND EXPERIENCE QUALIFICATIONS OF THE SUPERINTENDENT WHICH IMMEDIATELY TAKE EFFECT UPON APPROVAL OF THE GOVERNOR; TO AMEND SECTION 1-30-10, RELATING TO THE GOVERNING AUTHORITIES OF THE VARIOUS DEPARTMENTS OF STATE GOVERNMENT, SO AS TO MAKE A CONFORMING CHANGE WITH RESPECT TO THE STATE DEPARTMENT OF EDUCATION, TO TAKE EFFECT UPON THE APPROVAL AND RATIFICATION OF A CERTAIN RELATED AMENDMENT TO THE STATE CONSTITUTION AND TO BECOME APPLICABLE BEGINNING WITH THE 2018 GENERAL ELECTION; TO AMEND SECTION 1-1-1210, RELATING TO THE SALARIES OF SPECIFIC STATE OFFICERS, SO AS TO MAKE A CONFORMING CHANGE BY REMOVING THE STATE SUPERINTENDENT OF EDUCATION, TO TAKE EFFECT UPON THE APPROVAL AND RATIFICATION OF A CERTAIN RELATED AMENDMENT TO THE STATE CONSTITUTION AND TO BECOME APPLICABLE BEGINNING WITH THE 2018 GENERAL ELECTION; TO PROVIDE THAT THE PERSON ELECTED STATE SUPERINTENDENT OF EDUCATION IN THE 2018 GENERAL ELECTION SHALL SERVE THE REMAINDER OF HIS TERM, AND TO PROVIDE FOR THE APPOINTMENT OF HIS SUCCESSOR IF HE VACATES THE OFFICE BEFORE THE END OF THIS TERM, BOTH TO TAKE EFFECT UPON THE APPROVAL AND RATIFICATION OF A CERTAIN RELATED AMENDMENT TO THE STATE CONSTITUTION AND TO BECOME APPLICABLE BEGINNING WITH THE 2018 GENERAL ELECTION; AND TO REPEAL SECTION 59-3-20 RELATING TO VACANCIES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION.
Be it enacted by the General Assembly of the State of South Carolina:
Appointment, tenure, compensation, qualifications, judicial challenges
SECTION 1. Section 59-3-10 of the 1976 Code is amended to read:
"Section 59-3-10. (A) The State Superintendent of Education must be appointed by the Governor, with the advice and consent of the Senate. The superintendent shall serve at the pleasure of the Governor and must receive such compensation as may be established under the provision of Section 8-11-160. A vacancy in the office of superintendent must be filled as provided in Section 1-30-10(B)(1)(iv) and in Section 1-3-210, as applicable.
(B) The Superintendent of Education must possess:
(1) the minimum of a master's degree and substantive and broad-based experience in the field of public education including, but not limited to, service as a classroom teacher, principal, other school or school district administrator, school district superintendent, or other education policy making body at either the state or local level or any combination of them; or
(2) the minimum of a master's degree and substantive and broad-based experience in operational and financial management in any field of expertise including, but not limited to, finance, economics, accounting, law, or business.
(C) Any judicial action challenging the qualifications of a candidate or appointee, as appropriate, must be brought in circuit court within thirty days of the close of candidate filing or appointment for Superintendent of Education."
State Department of Education governing authority, conforming change
SECTION 2. Section 1-30-10(B)(1) of the 1976 Code is amended to read:
"(1) The governing authority of each department shall be:
(i) a director or a secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240(B); or
(ii) a board to be appointed and constituted in a manner provided for by law; or
(iii) in the case of the Department of Agriculture, the State Commissioner of Agriculture elected to office under the Constitution of this State; or
(iv) in the case of the Department of Education, the State Superintendent of Education appointed by the Governor with the advice and consent of the Senate, serving at the pleasure of the Governor; or
(v) in the case of the Department of Transportation, a seven member commission constituted in a manner provided by law, and a Secretary of Transportation appointed by and serving at the pleasure of the Governor."
State officers' salaries, conforming change
SECTION 3. Section 1-1-1210 of the 1976 Code is amended to read:
"Section 1-1-1210. The annual salaries of the state officers listed below are:
Governor $98,000
Lieutenant Governor 43,000
Secretary of State 85,000
State Treasurer 85,000
Attorney General 85,000
Comptroller General 85,000
Adjutant General 85,000
Commissioner of Agriculture 85,000
These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.
A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission."
Superintendent elected in 2018, vacancies
SECTION 4. The person elected State Superintendent of Education in the 2018 General Election shall serve out his term; however, if the person vacates that office before the term expires in January 2023, any successors must: (1) be appointed as provided in Section 1-30-10(B)(1)(iv); and (2) must satisfy the experience requirements of Section 59-3-10(B).
Repeal
SECTION 5. Section 59-3-20 of the 1976 Code is repealed.
Time effective
SECTION 6. The provisions of Section 59-3-10(B), as contained in SECTION 1, take effect upon approval by the Governor. The remaining provisions of this act take effect upon approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution, 1895, providing for the appointment of the State Superintendent of Education by the Governor, with the advice and consent of the Senate, and are applicable beginning with the 2018 General Election.
Ratified the 14th day of May, 2018.
Approved the 15th day of May, 2018.
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