Current Status Introducing Body:Senate Bill Number:310 Primary Sponsor:Mullinax Committee Number:04 Type of Legislation:GB Subject:Education Superintendent appointed instead of elected Residing Body:Senate Current Committee:Education Computer Document Number:310 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Mullinax Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
310 Senate Jan 08, 1991 Introduced and read first 04
time, referred to Committee
310 Senate Nov 19, 1990 Prefiled, referred to 04
Committee
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TO AMEND SECTIONS 59-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT HE MUST BE APPOINTED BY A COMMITTEE INSTEAD OF ELECTED AT THE GENERAL ELECTION AND PROVIDE FOR COMMITTEE MEMBERS, TERMS, AND VACANCIES; TO REPEAL SECTION 59-3-20 RELATING TO VACANCIES IN THE OFFICE OF SUPERINTENDENT; TO PROVIDE FOR THE SERVICE OF THE CURRENT SUPERINTENDENT; AND TO PROVIDE THAT THE APPOINTMENT PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION DELETING THE REQUIREMENT THAT HE BE ELECTED.
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. (A)(1) 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 a committee composed of nine members. Three members must be:
(a) members of the Education and Public Works Committee of the House of Representatives appointed by its chairman;
(b) members of the Education Committee of the Senate appointed by its chairman;
(c) at-large members appointed by the Governor.
(2) The terms of the members of the committee appointed by the chairmen are coterminous with their terms as members of the House, Senate, and committee or the term of the chairman, whichever service ends first. The terms of the members appointed by the Governor are coterminous with his term. Members serve until their successors are appointed and qualify. A vacancy must be filled in the manner of the original appointment.
(B) 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 the time of. When 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 so. When 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 repealed.
SECTION 3. The State Superintendent of Education serving in office on the effective date of this act serves until his current term of office expires. At this time his successor must be appointed in the manner provided by Section 59-3-10 of the 1976 Code, as amended by 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.