South Carolina General Assembly
119th Session, 2011-2012

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H. 3070

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Young, Harrison, G.R. Smith, H.B. Brown, Taylor, Hamilton, Murphy, G.M. Smith, Bingham, Long, Patrick, Viers, Funderburk, Horne, Willis, Simrill, Pope, Clemmons, Harrell, Bedingfield, Henderson, D.C. Moss, Erickson and Edge
Document Path: l:\council\bills\dka\3128sd11.docx
Companion/Similar bill(s): 132

Introduced in the House on January 11, 2011
Introduced in the Senate on March 3, 2011
Currently residing in the Senate

Summary: Constitutional amendment proposed

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/7/2010  House   Prefiled
   12/7/2010  House   Referred to Committee on Judiciary
   1/11/2011  House   Introduced and read first time (House Journal-page 32)
   1/11/2011  House   Referred to Committee on Judiciary 
                        (House Journal-page 32)
   1/12/2011  House   Member(s) request name added as sponsor: Long
   1/19/2011  House   Member(s) request name added as sponsor: Patrick, Viers
    2/8/2011  House   Member(s) request name added as sponsor: Funderburk
   2/16/2011  House   Member(s) request name added as sponsor: Horne
   2/16/2011  House   Committee report: Favorable Judiciary 
                        (House Journal-page 4)
   2/17/2011  House   Member(s) request name added as sponsor: Willis
   2/17/2011          Scrivener's error corrected
   2/22/2011  House   Member(s) request name added as sponsor: Pope, Simrill, 
                        Clemmons
   2/22/2011  House   Debate adjourned until Tuesday, March 1, 2011 
                        (House Journal-page 33)
   2/24/2011  House   Member(s) request name added as sponsor: Harrell
    3/1/2011  House   Member(s) request name added as sponsor: Bedingfield, 
                        Henderson, D.C.Moss
    3/2/2011  House   Member(s) request name added as sponsor: Erickson, Edge
    3/2/2011  House   Requests for debate-Rep(s). Young, Weeks, Hixon, 
                        Delleney, Taylor, GR Smith, Bedingfield, Clyburn, 
                        Hosey, Hayes, Norman, Parker, Allison, Forrester, and 
                        Brantley (House Journal-page 37)
    3/2/2011  House   Read second time (House Journal-page 116)
    3/2/2011  House   Roll call Yeas-82  Nays-28 (House Journal-page 117)
    3/3/2011  House   Read third time and sent to Senate 
                        (House Journal-page 31)
    3/3/2011  Senate  Introduced and read first time (Senate Journal-page 14)
    3/3/2011  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 14)
   3/14/2011  Senate  Referred to Subcommittee: L.Martin (ch), Ford, Hutto, 
                        Campsen, Campbell, S.Martin, Scott
   4/20/2011  Senate  Committee report: Majority favorable with amend., 
                        minority unfavorable Judiciary (Senate Journal-page 10)
   4/21/2011          Scrivener's error corrected
   4/26/2011  Senate  Minority Report Removed (Senate Journal-page 35)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/7/2010
2/16/2011
2/17/2011
4/20/2011
4/21/2011

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 20, 2011

H. 3070

Introduced by Reps. Young, Harrison, G.R. Smith, H.B. Brown, Taylor, Hamilton, Murphy, G.M. Smith, Bingham, Long, Patrick, Viers, Funderburk, Horne, Willis, Simrill, Pope, Clemmons, Harrell, Bedingfield, Henderson, D.C. Moss, Erickson and Edge

S. Printed 4/20/11--S.    [SEC 4/21/11 12:12 PM]

Read the first time March 3, 2011.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (H. 3070) proposing an amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, relating to the Constitutional Officers of this State, so as to delete, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting therein the following:

/    A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED, TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE.

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

SECTION    1.    It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the Senate. The term of office must be for four years, coterminous with that of the Governor. The General Assembly shall provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Superintendent of Education may be removed from office."

SECTION    2.    The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State, relating to state constitutional officers, be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected; to provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the Senate; and to require the General Assembly to provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Superintendent of Education may be removed from office?

The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

Yes    []

No     []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."    /

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

LARRY A. MARTIN    JOHN M. KNOTTS, JR.

For Majority.    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The State Elections Commission indicates there is no additional cost with the adoption of this bill.

Approved By:

Harry Bell

Office of State Budget

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE.

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

SECTION    1.    It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the General Assembly. The term of office must be for four years, coterminous with that of the Governor. The General Assembly shall provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Superintendent of Education may be removed from office."

SECTION    2.    The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State, relating to state constitutional officers, be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected; to provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the General Assembly; and to require the General Assembly to provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Superintendent of Education may be removed from office?

Yes    []

No    []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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This web page was last updated on April 27, 2011 at 8:35 AM