S*0008(Rat #0001, Act #0001 of 2015)  General Bill, By L. Martin, Campsen, 
Hembree, Setzler and Gregory

Similar(H 3155)
 AN ACT TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF
 SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE,
 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 THE
 ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT
 OF THE SENATE FOR A TERM NOT COTERMINOUS WITH THE GOVERNOR, MAY BE REMOVED
 ONLY FOR CAUSE, AND THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE TERM,
 DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH
 THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE ADJUTANT GENERAL MAY
 BE REMOVED FROM OFFICE; AND TO RATIFY AN AMENDMENT TO SECTION 4, ARTICLE XIII,
 RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, TO UPDATE REFERENCES
 TO HIS TITLE AND PROVIDE THAT THE ADJUTANT GENERAL'S MILITARY RANK IS MAJOR
 GENERAL AS OPPOSED TO BRIGADIER GENERAL, 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. - ratified title

   12/03/14  Senate Prefiled
   12/03/14  Senate Referred to Committee on Judiciary
   01/13/15  Senate Introduced and read first time (Senate Journal-page 36)
   01/13/15  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 36)
   01/13/15  Senate Recalled from Committee on Judiciary
                     (Senate Journal-page 28)
   01/15/15  Senate Read second time (Senate Journal-page 27)
   01/15/15  Senate Roll call Ayes-38  Nays-0 (Senate Journal-page 27)
   01/27/15  Senate Read third time and sent to House
                     (Senate Journal-page 18)
   01/28/15  House  Introduced and read first time (House Journal-page 19)
   01/28/15  House  Referred to Committee on Judiciary
                     (House Journal-page 19)
   02/17/15  House  Recalled from Committee on Judiciary
                     (House Journal-page 17)
   02/18/15  House  Debate adjourned until Thur., 2-19-15
                     (House Journal-page 27)
   02/19/15  House  Amended (House Journal-page 13)
   02/19/15  House  Read second time (House Journal-page 13)
   02/19/15  House  Roll call Yeas-100  Nays-0 (House Journal-page 14)
   02/19/15  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 16)
   02/20/15  House  Read third time and returned to Senate with
                     amendments (House Journal-page 1)
   02/25/15  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 23)
   02/25/15  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 23)
   03/05/15         Ratified R 1
   03/05/15         No signature required
   03/05/15         Effective date 03/05/15
   03/16/15         Act No. 1

(A1, R1, S8)

AN ACT TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, 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 THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM NOT COTERMINOUS WITH THE GOVERNOR, MAY BE REMOVED ONLY FOR CAUSE, AND THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE TERM, DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE ADJUTANT GENERAL MAY BE REMOVED FROM OFFICE; AND TO RATIFY AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, TO UPDATE REFERENCES TO HIS TITLE AND PROVIDE THAT THE ADJUTANT GENERAL'S MILITARY RANK IS MAJOR GENERAL AS OPPOSED TO BRIGADIER GENERAL, 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.

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

Appointment of Adjutant General ratified

SECTION    1.    A.        The amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 297 of 2014, having been submitted to the qualified electors at the General Election of 2014 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so 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. The appointed Adjutant General shall serve for a term not coterminous with the Governor and may be removed only for cause. The General Assembly shall provide by law for the term, duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Adjutant General may be removed from office."

Rank and appointment of Adjutant General ratified

B.        The amendment to Section 4, Article XIII of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 297 of 2014, having been submitted to the qualified electors at the General Election of 2014 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 4, Article XIII of the Constitution of this State be amended to read:

"Section 4.    There must be an Adjutant General. The position of Adjutant General is recognized as holding the rank of Major General, and the Adjutant General's duties and compensation must be prescribed by law. The Governor, by and with the advice and consent of the Senate, shall appoint 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, with the advice and consent of the Senate, in the manner provided in Section 7, Article VI."

Ratified the 5th day of March, 2015.