H 3121 Session 111 (1995-1996)
H 3121 General Bill, By Wilkins, Allison, B.D. Cain, Cato, Cooper,
J.L.M. Cromer, Davenport, Delleney, L.L. Elliott, Fleming, R.C. Fulmer,
H.M. Hallman, Harrell, J.L. Harris, Harrison, B.H. Harwell, Haskins,
R.J. Herdklotz, M.F. Jaskwhich, Keegan, Kelley, Knotts, Law, L.H. Limbaugh,
Littlejohn, C.V. Marchbanks, Mason, McKay, Meacham, Richardson, Riser, Robinson,
Sharpe, D. Smith, Stille, Stuart, Vaughn, D.C. Waldrop, Walker, Whatley,
Whipper, L.S. Whipper, Witherspoon, S.S. Wofford and Young-Brickell
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.
12/14/94 House Prefiled
12/14/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-43
01/10/95 House Referred to Committee on Judiciary HJ-44
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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