South Carolina General Assembly
120th Session, 2013-2014

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Indicates Matter Stricken
Indicates New Matter

A297, R250, H3541

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Harrell, J.E. Smith, Bales, Williams, Bannister, J.R. Smith, Patrick, Brannon, Erickson, Huggins, Kennedy, Ballentine, M.S. McLeod, Bernstein, Atwater, Cole, Funderburk, George, Hixon, Long, McCoy, W.J. McLeod, Pitts, Pope, G.R. Smith, Tallon, Taylor, Wood and Knight
Document Path: l:\council\bills\ggs\22509zw13.docx
Companion/Similar bill(s): 52, 54, 132, 170, 173, 444, 467

Introduced in the House on February 19, 2013
Introduced in the Senate on March 21, 2013
Last Amended on May 20, 2014
Passed by the General Assembly on May 27, 2014
Governor's Action: No signature required

Summary: Adjutant General

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/19/2013  House   Introduced and read first time (House Journal-page 22)
   2/19/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 22)
    3/6/2013  House   Committee report: Favorable Judiciary 
                        (House Journal-page 40)
    3/7/2013  House   Member(s) request name added as sponsor: Knight
   3/18/2013          Scrivener's error corrected
   3/19/2013  House   Requests for debate-Rep(s). Sandifer, GA Brown, Anthony, 
                        Bales, Barfield, K Crawford, Whitmire, Daning, JE 
                        Smith, Quinn, Bannister, Anderson, Bedingfield, JR 
                        Smith, Hardee, DC Moss, Atwater, GR Smith 
                        (House Journal-page 49)
   3/20/2013  House   Read second time (House Journal-page 38)
   3/20/2013  House   Roll call Yeas-108  Nays-4 (House Journal-page 40)
   3/21/2013  House   Read third time and sent to Senate 
                        (House Journal-page 35)
   3/21/2013  Senate  Introduced and read first time (Senate Journal-page 14)
   3/21/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 14)
   4/10/2013  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 24)
   4/11/2013          Scrivener's error corrected
   5/20/2014  Senate  Committee Amendment Adopted (Senate Journal-page 20)
   5/20/2014  Senate  Read second time (Senate Journal-page 20)
   5/20/2014  Senate  Roll call Ayes-39  Nays-0 (Senate Journal-page 20)
   5/21/2014          Scrivener's error corrected
   5/21/2014  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 29)
   5/27/2014  House   Concurred in Senate amendment and enrolled 
                        (House Journal-page 55)
   5/29/2014          Ratified R 250
   5/29/2014          No signature required
   5/29/2014          Effective date 05/29/2014
    9/8/2014          Act No. 297

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/19/2013
3/6/2013
3/18/2013
4/10/2013
4/11/2013
5/20/2014
5/21/2014

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

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(A297, R250, H3541)

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, TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM NOT COTERMINOUS WITH THE GOVERNOR, MAY BE REMOVED ONLY FOR CAUSE, AND THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE TERM, DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE ADJUTANT GENERAL MAY BE REMOVED FROM OFFICE; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, TO UPDATE REFERENCES TO HIS TITLE AND PROVIDE THAT THE ADJUTANT GENERAL'S MILITARY RANK IS MAJOR GENERAL AS OPPOSED TO BRIGADIER GENERAL, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI.

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

Appointment of Adjutant General

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 Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, upon the advice and consent of the Senate. The appointed Adjutant General shall serve for a term not coterminous with the Governor and may be removed only for cause. The General Assembly shall provide by law for the term, duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Adjutant General may be removed from office."

Rank and appointment of Adjutant General

SECTION    2.    It is proposed that Section 4, Article XIII of the Constitution of this State be amended to read:

"Section 4.    There must be an Adjutant General. The position of Adjutant General is recognized as holding the rank of Major General, and the Adjutant General's duties and compensation must be prescribed by law. The Governor, by and with the advice and consent of the Senate, shall appoint staff officers as the General Assembly may direct.

Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, with the advice and consent of the Senate, in the manner provided in Section 7, Article VI."

Submission of ballot question to qualified electors

SECTION    3.    The proposed amendment in Sections 1 and 2 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 and Section 4, Article XIII relating to the Adjutant General and his staff officers be amended so as to update references to his title; to provide that the position of Adjutant General is recognized as holding the rank of Major General, as opposed to Brigadier General; to provide that upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of this provision, the Adjutant General must be appointed by the Governor, upon the advice and consent of the Senate; to provide that the appointed Adjutant General serve for a term not coterminous with the Governor and may be removed only for cause; and to require the General Assembly to provide by law for the term, duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Adjutant General 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'."

Ratified the 29th day of May, 2014.

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This web page was last updated on September 8, 2014 at 10:05 AM