Current Status Bill Number:
3134Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950110Primary Sponsor: HodgesAll Sponsors: Hodges, Herdklotz, Lanford, Tucker, Meacham, Cromer, Jennings, Stille, Robinson, Vaughn, Lloyd, Seithel and RichardsonDrafted Document Number: PT\1558SD.95Companion Bill Number: 3183Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Education, Superintendent of
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950110 Introduced, read first time, 25 HJ referred to Committee House 19941221 Prefiled, referred to Committee 25 HJView additional legislative information at the LPITS web site.
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, WITH THE ADVICE AND CONSENT OF THE SENATE, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON, TO ABOLISH THE STATE BOARD OF EDUCATION AND DEVOLVE ITS POWERS, DUTIES AND FUNCTIONS UPON THE APPOINTED SUPERINTENDENT OF EDUCATION, TO REPEAL SECTIONS 59-5-10 THROUGH 59-5-50, RELATING TO THE STATE BOARD OF EDUCATION, AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AN AMENDMENT 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 UPON RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION ABOLISHING THE STATE BOARD OF EDUCATION.
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, with the advice and consent of the Senate, to serve at his pleasure. The State Superintendent of Education may be removed by the Governor for any reason in the manner provided by Section 1-3-240(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. 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."
SECTION 3. Upon the appointment of the State Superintendent of Education by the Governor in the manner authorized by Section 59-3-10 of the 1976 Code as amended by this act:
(a) the State Board of Education is abolished and its powers, duties, and functions devolved upon the Superintendent of Education; and
(b) Sections 59-5-10 through 59-5-50 of the 1976 Code are repealed.
SECTION 4. 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 5. 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, and upon the ratification of an amendment to Section 1, Article XI of the Constitution of this State abolishing the State Board of Education.