H 4776 Session 110 (1993-1994)
H 4776 General Bill, By Wilkins, Allison, B.O. Baker, H.H. Clyborne,
L.O. Graham, B.H. Harwell, Haskins, M.F. Jaskwhich, Keegan, Kelley,
C.V. Marchbanks, Robinson, T.F. Rogers and C.C. Wells
A Bill to amend Sections 25-1-320 and 25-1-340, Code of Laws of South
Carolina, 1976, relating to the State Adjutant General, so as to provide that
beginning in 1999 the Adjutant General must be appointed by the Governor for a
term of four years coterminous with that of the Governor, to establish certain
qualifications for the office of Adjutant General, and to provide that the
above provisions are effective upon the ratification of an amendment to
Section 7, Article VI and Section 4, Article XIII of the Constitution of this
State deleting the requirement that the State Adjutant General be elected by
the qualified electors of this State.
02/17/94 House Introduced and read first time HJ-14
02/17/94 House Referred to Committee on Judiciary HJ-15
A BILL
TO AMEND SECTIONS 25-1-320 AND 25-1-340, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE STATE
ADJUTANT GENERAL, SO AS TO PROVIDE THAT BEGINNING
IN 1999 THE ADJUTANT GENERAL MUST BE APPOINTED BY
THE GOVERNOR FOR A TERM OF FOUR YEARS
COTERMINOUS WITH THAT OF THE GOVERNOR, TO
ESTABLISH CERTAIN QUALIFICATIONS FOR THE OFFICE OF
ADJUTANT GENERAL, AND TO PROVIDE THAT THE ABOVE
PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AN
AMENDMENT TO SECTION 7, ARTICLE VI AND SECTION 4,
ARTICLE XIII OF THE CONSTITUTION OF THIS STATE
DELETING THE REQUIREMENT THAT THE STATE ADJUTANT
GENERAL BE ELECTED BY THE QUALIFIED ELECTORS OF
THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 25-1-320 of the 1976 Code is amended to read:
"Section 25-1-320. There shall be an Adjutant General
elected by the qualified electors of this State at the same time and in
the same manner and for the same term of office as other State
officials appointed by the Governor in the manner required
herein for a term coterminous with that of the Governor. His rank
shall be that of major-general. He shall hold office until his successor is
elected appointed and qualifies. He shall be ex officio
chief of staff. He shall receive such annual salary as may be provided by
the General Assembly.
The person appointed Adjutant General by the Governor must
have, at a minimum, the following qualifications:
(1) be a qualified elector of this State;
(2) have at least ten years of federally recognized commissioned
service in the National Guard;
(3) be in the grade of 0-6 or above in the National Guard; and
(4) will not reach the age of sixty-four prior to the expiration of the
term for which he is appointed.
In addition to the qualifications for the office of Adjutant General
as above specified in this section, the Governor also shall consider
military experience including command experience and promotion
criteria for the rank of major-general and above in the uniformed
services when making the appointment."
SECTION 2. Section 25-1-340 of the 1976 Code is amended to read:
"Section 25-1-340. If the office of Adjutant General is
vacated because of the death, resignation, or retirement of the
Adjutant General prior to the normal expiration of his term of office, the
Governor, in the same manner of original appointment, shall
appoint an officer of the active South Carolina National Guard, who
is of field grade rank or higher and who has a minimum of fifteen years'
active commissioned service in the South Carolina National Guard, to
fill out the unexpired term of the former incumbent a person to
fill such vacancy for the remainder of the unexpired term. This person
must meet all qualifications for this office as contained in Section
25-1-320. The appointee, upon being duly qualified, shall be
subject to all the duties and liabilities incident to the office and receive
the compensation provided by law for the Adjutant General during his
term of service."
SECTION 3. The Adjutant General shall continue to be popularly
elected in the manner now provided by law until the date the Governor
elected at the 1998 general election takes office, at which time the
Adjutant General must be appointed in the manner provided by Section
25-1-320 of the 1976 Code, as amended by the provisions of this act.
SECTION 4. This act takes effect upon the ratification of an
amendment to Section 7, Article VI and Section 4, Article XIII of the
Constitution of this State deleting the requirement that the Adjutant
General be elected by the qualified electors of this State and providing
that he be appointed by the Governor.
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