S 1039 Session 111 (1995-1996)
S 1039 Joint Resolution, By Bryan
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 Adjutant General, the Superintendent of
Education, and the Commissioner of Agriculture from the list of state officers
which the Constitution requires to be elected and to provide that upon the
expiration of the terms of the Adjutant General and Commissioner of
Agriculture serving on the date of the 1998 general election, these offices
must be appointed by the Governor, with the advice and consent of the Senate,
for terms coterminous with that of the Governor with those qualifications the
General Assembly shall provide by law and to provide that upon the expiration
of the term of the Superintendent of Education serving in office on the date
of the 1998 General Election, the Superintendent of Education must be
appointed by the State Board of Education and must have those qualifications
as prescribed by law except that the Superintendent does not have to possess
the qualifications of an elector; proposing an amendment to Section 4 of
Article XIII, relating to the Adjutant General and his staff officers, to
conform with that portion of the amendment to Section 7, Article VI stated
above that applies to the Adjutant General and to update references to the
military rank of the Adjutant General; and proposing an amendment to Section 2
of Article XI, relating to the State Superintendent of Education, to conform
with that portion of the amendment to Section 7, Article VI stated above that
applies to the Superintendent of Education.
01/18/96 Senate Introduced and read first time SJ-6
01/18/96 Senate Referred to Committee on Judiciary SJ-6
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 ADJUTANT GENERAL, THE
SUPERINTENDENT OF EDUCATION, AND THE
COMMISSIONER OF AGRICULTURE FROM THE LIST OF
STATE OFFICERS WHICH THE CONSTITUTION REQUIRES
TO BE ELECTED AND TO PROVIDE THAT UPON THE
EXPIRATION OF THE TERMS OF THE ADJUTANT GENERAL
AND COMMISSIONER OF AGRICULTURE SERVING IN
OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION,
THESE OFFICES MUST BE APPOINTED BY THE
GOVERNOR, WITH THE ADVICE AND CONSENT OF THE
SENATE, FOR TERMS COTERMINOUS WITH THAT OF THE
GOVERNOR WITH THOSE QUALIFICATIONS THE GENERAL
ASSEMBLY SHALL PROVIDE BY LAW AND TO PROVIDE
THAT UPON THE EXPIRATION OF THE TERM OF THE
SUPERINTENDENT OF EDUCATION SERVING IN OFFICE
ON THE DATE OF THE 1998 GENERAL ELECTION, THE
SUPERINTENDENT OF EDUCATION MUST BE APPOINTED
BY THE STATE BOARD OF EDUCATION AND MUST HAVE
THOSE QUALIFICATIONS AS PRESCRIBED BY LAW
EXCEPT THAT THE SUPERINTENDENT DOES NOT HAVE
TO POSSESS THE QUALIFICATIONS OF AN ELECTOR;
PROPOSING AN AMENDMENT TO SECTION 4 OF ARTICLE
XIII, RELATING TO THE ADJUTANT GENERAL AND HIS
STAFF OFFICERS, TO CONFORM WITH THAT PORTION OF
THE AMENDMENT TO SECTION 7, ARTICLE VI STATED
ABOVE THAT APPLIES TO THE ADJUTANT GENERAL AND
TO UPDATE REFERENCES TO THE MILITARY RANK OF
THE ADJUTANT GENERAL; AND PROPOSING AN
AMENDMENT TO SECTION 2 OF ARTICLE XI, RELATING
TO THE STATE SUPERINTENDENT OF EDUCATION, TO
CONFORM WITH THAT PORTION OF THE AMENDMENT TO
SECTION 7, ARTICLE VI STATED ABOVE THAT APPLIES
TO THE SUPERINTENDENT OF EDUCATION.
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 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, and
a Comptroller General, 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.
Beginning upon the expiration of the terms of the Adjutant
General and the Commissioner of Agriculture serving in office on
the date of the 1998 general election, the Adjutant General and the
Commissioner of Agriculture must be appointed by the Governor,
with the advice and consent of the Senate, for terms of four years
and until their successors are appointed and qualify with those
qualifications the General Assembly shall provide by law. The
terms of office must be coterminous with that of the Governor.
Vacancies in these offices must be filled by appointment in the
same manner as original appointment for the remainder of the
expired term.
Also, beginning upon the expiration of the term of the
Superintendent of Education serving in office on the date of the
1998 general election, the Superintendent of Education must be
appointed by the State Board of Education and must have those
qualifications as 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 2. It is proposed that Section 4, Article XIII of the
Constitution of this State be amended to read:
"Section 4. There shall be an Adjutant and Inspector
General elected by the qualified electors of the State at the same
time and in the same manner as other state officers, who shall
rank as Brigadier Major General, and whose duties
and compensation shall be prescribed by law. The Governor shall,
by and with the advice and consent of the Senate, appoint such
other 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 1998 general election,
the Adjutant General must be appointed by the Governor, with the
advice and consent of the Senate, for a term of four years and until
his successor is appointed and qualifies with those qualifications the
General Assembly shall provide by law. The term of office must
be coterminous with that of the Governor. Vacancies in this office
must be filled by appointment in the same manner as original
appointment for the remainder of the unexpired term."
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. A vacancy in the
office must be filled in the same manner as original appointment for
the remainder of the expired term."
SECTION 4. The proposed amendments in Sections 1, 2 and 3
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 Adjutant General, Commissioner of Agriculture, and
Superintendent of Education from the list of state officers which the
Constitution requires to be elected, to provide that upon the
expiration of the terms of the Adjutant General and the
Commissioner of Agriculture serving in office on the date of the
1998 general election, the Adjutant General and the Commissioner
of Agriculture must be appointed by the Governor, with the advice
and consent of the Senate, for terms coterminous with that of the
Governor with those qualifications the General Assembly shall
provide by law, and to provide that upon the expiration of the term
of the Superintendent of Education serving in office on the date of
the 1998 general election, the Superintendent of Education must be
appointed by the State Board of Education and must have those
qualifications as prescribed by law except that the Superintendent
does not have to possess the qualifications of an elector; and must
Section 4 of Article XIII, relating to the Adjutant General and his
staff officers, be amended to conform with that portion of the
amendment to Section 7, Article VI stated above that applies to the
Adjutant General and to update references to the military rank of
the Adjutant General; and must Section 2 of Article XI, relating to
the State Superintendent of Education, be amended to conform with
that portion of the amendment to Section 7, Article VI stated above
that applies to the Superintendent of Education?
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'."
-----XX----- |