South Carolina S 27: 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

Bill Text

2017-2018 Bill 27 Text of Previous Version (Dec. 13, 2016) - South Carolina Legislature Online 

South Carolina General Assembly

122nd Session, 2017-2018 

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Bill 27

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A BILL

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, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE TERM, QUALIFICATIONS, AND FILLING OF A VACANCY IN THE OFFICE OF SUPERINTENDENT; 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: 

SECTION 1. Section 59-3-10 of the 1976 Code is amended to read: 

"Section 59-3-10. (A) The State Superintendent of Education shall must 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. 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 giving bond, take and subscribe the oath prescribed in Section 26 of Article III of the Constitution of the State, which shall be endorsed upon the back of the bond. The bond shall be filed with the Secretary of State, and by him recorded and, when so recorded, shall be filed with the State Treasurer. The Superintendent of Education shall receive as compensation for his services such sum as the General Assembly shall by law provide, 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 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 in the same manner as the original appointment. 

(B) The Superintendent of Education must possess: 

(1) extensive experience in the field of education including, but not limited to, service as a classroom teacher, principal, other school or school district administrator, school district superintendent, member of a school board, or other education policy making body at either the state or local level or any combination of them; or 

(2) extensive experience in operational and financial management in any field of expertise including, but not limited to, finance, economics, accounting, law, or business." 

SECTION 2. Section 59-3-20 of the 1976 Code is repealed. 

SECTION 3. This act takes 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. 

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