Current Status Introducing Body:House Bill Number:3113 Primary Sponsor:Wilkins Committee Number:21 Type of Legislation:GB Subject:Education, Superintendent of; appointment Residing Body:House Current Committee:Education and Public Works Computer Document Number:3113 Introduced Date:Jan 08, 1991 Last History Body:House Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilkins Hodges Corning Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3113 House Jan 08, 1991 Introduced and read first 21
time, referred to Committee
3113 House Dec 27, 1990 Prefiled, referred to 21
Committee
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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 STATE BOARD OF EDUCATION, TO DELETE REFERENCES TO HIS TRAVEL EXPENSES, AND TO PROVIDE FOR FILLING A VACANCY; TO AMEND SECTIONS 59-5-10 AND 59-5-60, RELATING TO THE COMPOSITION, ORGANIZATION, AND POWERS OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT TWO MEMBERS OF THE BOARD MUST BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF EACH HOUSE OF THE GENERAL ASSEMBLY FROM EACH CONGRESSIONAL DISTRICT AND ONE MEMBER FROM THE STATE AT LARGE WHO SHALL SERVE AS CHAIRMAN, TO PROVIDE THAT THE BOARD SHALL APPOINT THE SUPERINTENDENT OF EDUCATION, AND TO PROVIDE THE EFFECTIVE DATES FOR THESE SECTIONS.
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 State Board of Education. He shall have those qualifications as the board shall determine and as provided by law. 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, 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 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 occur 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 the original appointment."
SECTION 3. Section 59-5-10 of the 1976 Code is amended to read:
"Section 59-5-10. The State Board of Education shall must be composed of one member two members from each judicial circuit congressional district of the State and one member from the State at large who shall serve as chairman. The members must be appointed by the Governor upon the advice and consent of each house of the General Assembly, meeting separately, for terms of four years each and until their successors are appointed and qualify, except that of those first appointed by the Governor, four must be appointed for initial terms of two years each, four must be appointed for initial terms of three years each, and five including the at-large member serving as chairman must be appointed for terms of four years each, and the Governor in making the initial appointments shall specify the initial terms of office of each member. No member may serve more than two consecutive four-year terms on the board. The members shall serve terms of four years and until their successors are elected and qualify, except of those first elected, the members from the fifth, tenth and fourteenth circuits shall serve terms of one year; the members from the first, sixth, eighth and twelfth circuits shall serve terms of two years and the members from the fourth, seventh, ninth and eleventh circuits shall serve terms of three years. The terms of all members shall commence on January first following their election.
The legislative delegations representing the counties of each judicial circuit shall meet upon written call of a majority of the members of the delegations of each judicial circuit at a time and place to be designated in such call for the purpose of electing a member of the Board to represent such circuit. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given circuit shall constitute a quorum for the purpose of electing a member, but no person shall be declared elected who shall fail to receive a majority vote of all the members of the county legislative delegations from the circuit. The joint county legislative delegations of each circuit shall be organized by the election of a chairman and a secretary and such joint legislative delegations shall, subject to the provisions herein, adopt such rules as they deem proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each circuit shall immediately transmit the name of the person elected to the Secretary of State who shall forthwith issue to such person, after he has taken the usual oath of office, a certificate of election as a member of the State Board of Education. The Governor shall thereupon issue a commission to such person and pending such issuance the certificate of election shall be a sufficient warrant to such person to perform all of the duties and functions of his office.
Any A vacancy shall must be filled in the same manner as the original appointment for the unexpired portion of the term.
Representation of a given judicial circuit on the State Board of Education shall be rotated among the counties of the circuit, except by unanimous consent of all members of the county legislative delegations from the circuit. No member shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the circuit. Members of the legislative delegation of any county entitled to a member of the Board shall nominate persons for the office, one of whom shall be elected to the Board.
The board shall select its chairman and other officers other than the chairman to serve for such those terms as the board may designate. Provided, the The Superintendent of Education shall serve as secretary and administrative officer to the board. The board shall adopt its own rules and procedures. The chairman and other officers shall have such those powers and duties as may be determined by the board not inconsistent with the law.
At the initial meeting of the legislative delegations representing the counties of each circuit, it shall be determined by lot the sequence in which each county shall be entitled to nominate persons for the office."
SECTION 4. Section 59-5-60 of the 1976 Code is amended by adding a new item to be appropriately numbered to read:
"( ) Appoint the State Superintendent of Education."
SECTION 5. The terms of members of the State Board of Education serving in office on January 1, 1994, expire at noon on that date, at which time their successors appointed by the Governor in the manner provided by law shall take office.
SECTION 6. The term of the State Superintendent of Education serving in office on January 1, 1995, expires at noon on that date, at which time his successor appointed by the State Board of Education in the manner provided by law shall take office.
SECTION 7. Sections 1, 2, 4, and 6 of this act take effect January 1, 1995, and upon the ratification of amendments to the Constitution of this State deleting the requirement that the State Superintendent of Education be elected by the qualified electors of this State and providing that he must be appointed by the State Board of Education. The remaining sections of this act take effect January 1, 1994, and upon ratification of an amendment to the Constitution of this State providing that members of the State Board of Education are appointed by the Governor.