S 363 Session 111 (1995-1996)
S 0363 Joint Resolution, By McConnell
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 or she 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, Article XI, relating to the State
Board of Education, so as to revise the membership of the Board by providing
that the Board shall consist of one member elected by the General Assembly
from each Congressional District of this State and five members appointed by
the Governor from the State at large.
01/17/95 Senate Introduced and read first time SJ-9
01/17/95 Senate Referred to Committee on Education SJ-10
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 OR SHE 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, ARTICLE XI,
RELATING TO THE STATE BOARD OF EDUCATION, SO AS
TO REVISE THE MEMBERSHIP OF THE BOARD BY
PROVIDING THAT THE BOARD SHALL CONSIST OF ONE
MEMBER ELECTED BY THE GENERAL ASSEMBLY FROM
EACH CONGRESSIONAL DISTRICT OF THIS STATE AND
FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM
THE STATE AT LARGE.
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 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 3. The proposed amendments of Sections 1 and 2 of
this act 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 4. It is proposed that Section 1, 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 the members hereinafter specified one
member from each of the judicial circuits of the State. 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
the several counties. One additional member shall be appointed by
the Governor. One member must be elected from each
congressional district of this State by the General Assembly, and
five members must be appointed by the Governor from the State at
large. The members of the board shall serve such
those terms and the board shall have such
those powers and duties as the General Assembly shall
specify by law."
SECTION 5. The proposed amendment of Section 4 of this act must be submitted
to the qualified electors at the next general election. 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 revise the membership of the State Board of
Education by providing that the board shall consist of one member
elected by the General Assembly from each congressional district of
this State, and five members appointed by the Governor from the
State at large?
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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