H 3491 Joint Resolution, By Sheheen, Bales, Merrill, G.M. Smith and Lucas
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI,
 CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS
 OF THIS STATE, 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 AND PROVIDE THAT UPON THE
 EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE
 RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON
 THE ADVICE AND CONSENT OF THE SENATE, TO SERVE AT HIS PLEASURE AND TO BE
 REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE
 XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE
 REFERENCES TO HIS TITLE AND MILITARY RANK, 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; PROPOSING AN AMENDMENT TO
 ARTICLE VI, RELATING TO STATE OFFICERS BY ADDING SECTION 7A SO AS TO ABOLISH
 THE OFFICE OF SECRETARY OF STATE, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO
 BE DEVOLVED UPON THE ATTORNEY GENERAL IN THE MANNER THE GENERAL ASSEMBLY SHALL
 PROVIDE BY LAW; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING
 TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE
 STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

   01/30/03  House  Introduced and read first time HJ-23
   01/30/03  House  Referred to Committee on Judiciary HJ-23

PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, 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 AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, 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; PROPOSING AN AMENDMENT TO ARTICLE VI, RELATING TO STATE OFFICERS BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED UPON THE ATTORNEY GENERAL IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

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 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, to serve at his pleasure and to be removable by him for any reason."

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

"Section 4.    There shall must 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 are prescribed by law. The Governor shall, by and with the advice and consent of the Senate, shall 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 ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor in the manner provided in Section 7, Article VI."

SECTION    3.    The proposed amendments 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 and military rank, delete the Adjutant General from the list of state officers which the Constitution requires to be elected, and 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 serve at his pleasure and to be removable by him for any reason?

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 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 Commissioner of Agriculture serving in office on the date of the ratification of the provisions of this paragraph, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the Senate, to serve at his pleasure and to be removable by him for any reason."

SECTION    5.    The proposed amendment in Section 4 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 Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of this provision, the commissioner must be appointed by the Governor, upon the advice and consent of the Senate, to serve at his pleasure and to be removable by him for any reason?

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    6.    It is proposed that Article VI of the Constitution of South Carolina, 1895, be amended by adding:

"Section 7A.    Notwithstanding the provisions of Sections 6 and 7 of this article and Section 12 of Article IV or any other provision of this Constitution, the office of Secretary of State is abolished upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this section. The functions and duties of the Secretary of State must be devolved upon the Attorney General in the manner that the General Assembly shall provide by law."

SECTION    7.    The proposed amendment in Section 6 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 Article VI of the Constitution of this State be amended by adding Section 7A so as to abolish the office of Secretary of State upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this section, and provide that the functions and duties of the office must be devolved upon the Attorney General in the manner that the General Assembly shall provide by law?

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    8.    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 Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the Senate, to serve at his pleasure and to be removable by him for any reason."

SECTION    9.    The proposed amendment in Section 8 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 Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the Senate, to serve at his pleasure and to be removable by him for any reason?

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    10.    It is proposed that Section 1, Article XI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."

SECTION    11.    The proposed amendment in Section 10 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 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?

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'."