H 3112 Joint Resolution, By Wilkins, R.S. Corning, J.H. Hodges and C.Y. Waites
 A Joint Resolution proposing an amendment to Section 7 of Article VI and
 Section 2 of Article XI of the Constitution of South Carolina, 1895, relating
 respectively to elective officers and the State Superintendent of Education,
 so as to delete the Superintendent of Education from the list of officers who
 must be elected and to provide that he must be appointed by the State Board of
 Education with qualifications as prescribed by the Board and by law; and
 proposing an amendment to Section 1 of Article XI, relating to the State Board
 of Education, so as to provide that two members of the Board must be appointed
 by the Governor upon the advice and consent of each House of the General
 Assembly from each Congressional District of this State and one from the State
 at large who shall serve as Chairman.

   12/27/90  House  Prefiled
   12/27/90  House  Referred to Committee on Judiciary
   01/08/91  House  Introduced and read first time HJ-68
   01/08/91  House  Referred to Committee on Judiciary HJ-68

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE VI AND SECTION 2 OF ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, l895, RELATING RESPECTIVELY TO ELECTIVE OFFICERS AND THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF OFFICERS WHO MUST BE ELECTED AND TO PROVIDE THAT HE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION WITH QUALIFICATIONS AS PRESCRIBED BY THE BOARD AND BY LAW; AND PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT TWO MEMBERS OF THE BOARD MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF EACH HOUSE OF THE GENERAL ASSEMBLY FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND ONE FROM THE STATE AT LARGE WHO SHALL SERVE AS CHAIRMAN.

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

SECTION 1. It is proposed that Section 7 of Article VI of the Constitution of this State be amended to read:

"Section 7. There shall must be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, a Comptroller General, a Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years, coterminous with that of the Governor. The duties and compensation of such the offices shall must be prescribed by law and their compensation shall must not be neither increased nor diminished during the period for which they shall have been elected."

SECTION 2. It is proposed that Section 1 of Article XI of the Constitution of this State be amended to read:

"Section 1. There shall must be a State Board of Education composed of one member two members from each of the judicial circuits congressional district of the State and one 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, 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 be elected by the legislative delegations of the several counties within each circuit for terms and with such powers and duties as may be provided by law and shall be rotated among theseveral counties. One additional member shall be appointed by the Governor. The members of the Board shall serve such terms and the The board shall have such those powers and duties as the General Assembly shall specify by law."

SECTION 3. It is proposed that Section 2 of Article XI of the Constitution of this State be amended to read:

"Section 2. There shall must be a State Superintendent of Education who shall be the chief administrative officer of the public education system of the State. The Superintendent of Education must be appointed by the State Board of Education and shall have such those qualifications as may be prescribed by law and the board except that the requirements of Section 1 of Article XVII relating to possessing the qualifications of an elector are not a qualification for the office of State Superintendent of Education."

SECTION 4. The proposed amendments 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 ballots:

"Must Section 7 of Article VI and Section 2 of Article XI of the Constitution of this State be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and to provide that the State Superintendent of Education must be appointed by the State Board of Education with qualifications as prescribed by the board and by law?

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'."

SECTION 5. 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 ballots:

"Must Section 1 of Article XI of the Constitution of this State be amended so as to provide that two members of the State Board of Education must be appointed by the Governor upon the advice and consent of each house of the General Assembly, meeting separately, from each congressional district of this State and one from the State at large who shall serve as chairman?

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'."