South Carolina General Assembly
121st Session, 2015-2016

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A1, R1, S8

STATUS INFORMATION

General Bill
Sponsors: Senators L. Martin, Campsen, Hembree, Setzler and Gregory
Document Path: l:\s-jud\bills\l. martin\jud0013.pb.docx
Companion/Similar bill(s): 3155

Introduced in the Senate on January 13, 2015
Introduced in the House on January 28, 2015
Last Amended on February 19, 2015
Passed by the General Assembly on February 25, 2015
Governor's Action: No signature required

Summary: Constitutional Officers of S.C.

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/3/2014  Senate  Prefiled
   12/3/2014  Senate  Referred to Committee on Judiciary
   1/13/2015  Senate  Introduced and read first time (Senate Journal-page 36)
   1/13/2015  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 36)
   1/13/2015  Senate  Recalled from Committee on Judiciary 
                        (Senate Journal-page 28)
   1/15/2015  Senate  Read second time (Senate Journal-page 27)
   1/15/2015  Senate  Roll call Ayes-38  Nays-0 (Senate Journal-page 27)
   1/27/2015  Senate  Read third time and sent to House 
                        (Senate Journal-page 18)
   1/28/2015  House   Introduced and read first time (House Journal-page 19)
   1/28/2015  House   Referred to Committee on Judiciary 
                        (House Journal-page 19)
   2/17/2015  House   Recalled from Committee on Judiciary 
                        (House Journal-page 17)
   2/18/2015  House   Debate adjourned until Thur., 2-19-15 
                        (House Journal-page 27)
   2/19/2015  House   Amended (House Journal-page 13)
   2/19/2015  House   Read second time (House Journal-page 13)
   2/19/2015  House   Roll call Yeas-100  Nays-0 (House Journal-page 14)
   2/19/2015  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 16)
   2/20/2015  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 1)
   2/25/2015  Senate  Concurred in House amendment and enrolled 
                        (Senate Journal-page 23)
   2/25/2015  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 23)
    3/5/2015          Ratified R 1
    3/5/2015          No signature required
    3/5/2015          Effective date 03/05/15
   3/16/2015          Act No. 1

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/3/2014
1/13/2015
2/17/2015
2/19/2015


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

(A1, R1, S8)

AN ACT TO RATIFY 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 TO RATIFY 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 ratified

SECTION    1.    A.        The amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 297 of 2014, having been submitted to the qualified electors at the General Election of 2014 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so 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 ratified

B.        The amendment to Section 4, Article XIII of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 297 of 2014, having been submitted to the qualified electors at the General Election of 2014 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so 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."

Ratified the 5th day of March, 2015.

__________


This web page was last updated on July 20, 2015 at 3:30 PM