H 4334 Joint Resolution, By Wilkins, M.O. Alexander, R.L. Altman, B.O. Baker, 
D.M. Beasley, L.E. Bennett, H. Brown, D.M. Bruce, Cato, C.D. Chamblee, 
H.H. Clyborne, J.D. Cole, Cooper, K.S. Corbett, Cork, R.S. Corning, B. Council, 
J.L.M. Cromer, L.L. Elliott, Fair, T.L. Farr, R.C. Fulmer, S.E. Gonzales, 
H.M. Hallman, P.B. Harris, Harrison, Haskins, B.L. Hendricks, T.E. Huff, 
M.F. Jaskwhich, Keegan, K.G. Kempe, Kirsh, J.R. Klapman, Koon, Lanford, 
Littlejohn, S.G. Manly, C.V. Marchbanks, Martin, A.C. McGinnis, McKay, Meacham, 
Quinn, J. Rama, Rhoad, Riser, T.F. Rogers, Sharpe, J.S. Shissias, R. Smith, 
J.J. Snow, C.H. Stone, C.L. Sturkie, J.W. Tucker, Vaughn, C.Y. Waites, 
D.C. Waldrop, C.C. Wells, J.B. Wilder, D. Williams, S.S. Wofford, D.A. Wright, 
R.M. Young and Young-Brickell
 A Joint Resolution proposing an amendment to Article VI of the Constitution of
 South Carolina, 1895, relating to state officers by adding Section 10 so as to
 provide that the General Assembly, not later than January 15, 1995, by general
 law shall provide for an Executive Cabinet of the Governor consisting of not
 more than fifteen members as heads of departments organized as far as
 practicable according to major purposes and functions as determined by the
 General Assembly, and to provide that those agencies or departments of the
 Executive Branch of State Government included in the Executive Cabinet shall
 perform their functions and responsibilities under the auspices and
 supervision of the Cabinet Department Head under whose jurisdiction they come.

   02/04/92  House  Introduced and read first time HJ-14
   02/04/92  House  Referred to Committee on Judiciary HJ-14
   03/18/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-14
   03/26/92  House  Objection by Rep. McAbee, Harrelson, Carnell,
                     Scott, J. Brown & Kennedy HJ-44
   04/21/92  House  Objection withdrawn by Rep. McAbee & Carnell HJ-25
   04/21/92  House  Objection by Rep. Wilkins, Clyborne, L. Martin,
                     Cromer, Cooper & Fair HJ-25
   04/21/92  House  Amended HJ-47
   04/21/92  House  Debate interrupted HJ-59
   04/22/92  House  Amended HJ-61
   04/22/92  House  Read second time HJ-159
   04/23/92  House  Debate interrupted HJ-34
   04/28/92  House  Read third time and sent to Senate HJ-141
   04/29/92  Senate Introduced and read first time SJ-258
   04/29/92  Senate Referred to Committee on Judiciary SJ-259
   05/19/92  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16

May 19, 1992

H. 4334

Introduced by REPS. Wilkins, Kirsh, Beasley, M.O. Alexander, Altman, Baker, Bennett, H. Brown, Bruce, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, L. Elliott, Fair, Farr, Fulmer, Gonzales, Hallman, P. Harris, Harrison, Haskins, Hendricks, Huff, Jaskwhich, Keegan, Kempe, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, L. Martin, McGinnis, McKay, Meacham, Quinn, Rama, Rhoad, Riser, Rogers, Sharpe, Shissias, Smith, Snow, Stone, Sturkie, Tucker, Vaughn, Waites, Waldrop, Wells, Wilder, D. Williams, Wofford, Wright, A. Young, R. Young and Council

S. Printed 5/19/92--S.

Read the first time April 29, 1992.

To whom was referred a Joint Resolution (H. 4334), proposing an amendment to Article VI of the Constitution of South Carolina, 1895, relating to state officers, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the resolution, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 10. The General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments, appointed by the Governor upon the advice and consent of the Senate, organized as far as practicable according to major purposes and functions as determined by the General Assembly. The General Assembly may exclude any agency from the executive cabinet if it determines that the functions of that particular agency are most effectively administered in another form. The department heads in the cabinet so established must be appointed by the Governor upon the advice and consent of the Senate by recorded vote. They shall serve at the pleasure of the Governor, unless impeached pursuant to Article XV but by majority vote, and with that compensation as provided by law. No person, or member of his immediate family, may be appointed to the cabinet who has contributed, individually or collectively, one thousand dollars or more to the Governor in a one-year period.

Those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come. The Governor and his cabinet department heads must devise and implement a total quality management plan for all departments and agencies. No legislative or judicial branches of government or the agencies or functions thereof may be made a part of the executive cabinet's jurisdiction, including regulations which must be promulgated and approved in accordance with the Administrative Procedures Act, and nothing in this section shall affect or diminish the office, powers, or duties of the constitutional officers of this State."

SECTION 2. The proposed amendment 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:

"Shall Article VI of the Constitution of this State relating to state officers be amended by adding Section 10 so as to provide that the General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor, which serves at his pleasure unless impeached by the General Assembly by majority vote, consisting of not more than fifteen members as heads of departments, appointed by the Governor upon the advice and consent of the Senate, organized as far as practicable according to major purposes and functions as determined by the General Assembly, unless it determines an agency's functions are most effectively administered in another form, and to provide that those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come, and that these agencies and departments must utilize a total quality management plan, and to provide that no such general law shall affect the legislative or judicial branches of government, and their agencies or functions, including regulations which must be promulgated and approved in accordance with the Administrative Procedures Act, and that nothing in such general law shall affect or diminish the office, powers or duties of the constitutional officers of this State?

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'."/

Amend title to conform.

MARSHALL B. WILLIAMS, for Committee.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.

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

SECTION 1. Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 10. The General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly. The department heads in the cabinet so established must be appointed by the Governor upon the advice and consent of the General Assembly by recorded vote. They shall serve at the pleasure of the Governor with that compensation as provided by law. No person, or member of his immediate family, may be appointed to the cabinet who has contributed, individually or collectively, one thousand dollars or more to the Governor in a one-year period.

Those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come. No legislative or judicial branches of government or the agencies or functions thereof may be made a part of the executive cabinet's jurisdiction, and nothing in this section shall affect or diminish the office, powers, or duties of the constitutional officers of this State."

SECTION 2. The proposed amendment 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:

"Shall Article VI of the Constitution of this State relating to state officers be amended by adding Section 10 so as to provide that the General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly, and to provide that those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come, and to provide that no such general law shall affect the legislative or judicial branches of government, and their agencies or functions, and that nothing in such general law shall affect or diminish the office, powers or duties of the constitutional officers of this state?

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'."