2005-2006 Bill 938: Superintendent of Education - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

S. 938

STATUS INFORMATION

General Bill

Sponsors: Senators Courson, Hayes, Ryberg, Ritchie and Campsen

Document Path: l:\council\bills\pt\1015sj06.doc

Introduced in the Senate on January 10, 2006

Currently residing in the Senate Committee on Judiciary

Summary: Superintendent of Education

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

11/29/2005SenatePrefiled

11/29/2005SenateReferred to Committee on Judiciary

1/10/2006SenateIntroduced and read first time SJ6

1/10/2006SenateReferred to Committee on JudiciarySJ6

1/18/2006SenateReferred to Subcommittee: Martin (ch), Moore, Ritchie, Malloy, Cromer, Campsen, Williams

VERSIONS OF THIS BILL

11/29/2005

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5935 SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION WHO WILL BE A MEMBER OF THE GOVERNOR’S EXECUTIVE CABINET; TO AMEND SECTIONS 11110 AND 111210, BOTH RELATING TO OFFICERS OF THE EXECUTIVE DEPARTMENT, SO AS TO DELETE THE STATE SUPERINTENDENT OF EDUCATION FROM THOSE LISTS AND TO UPDATE SALARY REFERENCES; AND TO AMEND SECTION 13010, RELATING TO THE GOVERNING AUTHORITY OF DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE FOR THE STATE SUPERINTENDENT OF EDUCATION TO BE APPOINTED BY THE GOVERNOR; AND TO REPEAL SECTIONS 59310 AND 59320, BOTH RELATING TO THE ELECTION OF THE STATE SUPERINTENDENT OF EDUCATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Chapter 3, Title 59 of the 1976 Code is amended by adding:

“Section 5935.The Superintendent of Education must be appointed by the Governor upon the advice and consent of the Senate. The superintendent shall serve at the pleasure of the Governor. The superintendent must be a member of the Governor’s executive cabinet subject to removal from office by the Governor pursuant to Section 13240. Before entering upon the duties of his office the superintendent 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. The superintendent shall file the bond with the Secretary of State, who shall record the bond and file it with the State Treasurer.”

SECTION2.Section 11110 of the 1976 Code is amended to read:

“Section 11110.The executive department of this State is hereby declared to consist of the following officers, that is to say: The Governor and Lieutenant Governor, the Secretary of State, the State Treasurer, the Attorney General and the solicitors, the Adjutant General, the Comptroller General, the State Superintendent of Education, the Commissioner of Agriculture, and the Director of the Department of Insurance.”

SECTION3.Section 111210 of the 1976 Code is amended to read:

“Section 111210.The annual salaries of the state officers listed below are:

Governor$98,000106,078

Lieutenant Governor 43,000 46,545

Secretary of State 85,000 92,007

State Treasurer 85,000 92,007

Attorney General 85,000 92,007

Comptroller General 85,000 92,007

Superintendent of Education 85,000

Adjutant General 85,000 92,007

Commissioner of Agriculture 85,000 92,007

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.”

SECTION4.Section 13010(B)(1) of the 1976 Code is amended to read:

“(B)(1)The governing authority of each department shall be either:

( i)a director, and in the case of the Department of Commerce and the Department of Education, the secretary and the State Superintendent of Education, respectively, 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 13240; or,

( ii)a seven member board to be appointed and constituted in a manner provided for by law; or,

(iii)in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State.”

SECTION5.Sections 59310 and 59320 of the 1976 Code are repealed.

SECTION6.This act takes effect upon the ratification of the constitutional amendment providing for the Governor’s appointment of the State Superintendent of Education.

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