Current Status Introducing Body:House Bill Number:4334 Primary Sponsor:Wilkins Type of Legislation:JR Subject:Executive Cabinet of Governor Residing Body:Senate Computer Document Number:CYY/18708.SD Introduced Date:Feb 04, 1992 Date of Last Amendment:Apr 22, 1992 Last History Body:Senate Last History Date:May 19, 1992 Last History Type:Committee Report: Favorable with amendment Scope of Legislation:Statewide All Sponsors: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 Council Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4334 Senate May 19, 1992 Committee Report: Favorable 11 with amendment 4334 Senate Apr 29, 1992 Introduced, read first time, 11 referred to Committee 4334 House Apr 28, 1992 Read third time, sent to Senate 4334 House Apr 23, 1992 Debate interrupted by adjournment 4334 House Apr 22, 1992 Amended, read second time 4334 House Apr 21, 1992 Debate interrupted by adjournment 4334 House Apr 21, 1992 Amended 4334 House Apr 21, 1992 Objection by Representative 4334 House Apr 21, 1992 Objection withdrawn by Representative 4334 House Mar 26, 1992 Objection by Representative 4334 House Mar 18, 1992 Committee Report: Favorable 25 with amendment 4334 House Feb 04, 1992 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
COMMITTEE REPORT
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.
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'."