Current Status Introducing Body:House Bill Number:4776 Primary Sponsor:Wilkins Committee Number:25 Type of Legislation:GB Subject:Adjutant General, appointment by Governor Residing Body:House Current Committee:Judiciary Computer Document Number:GJK/20355SD.94 Introduced Date:19940217 Last History Body:House Last History Date:19940217 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilkins Graham Harwell Baker Robinson Allison Jaskwhich Wells Keegan Kelley Rogers Clyborne Marchbanks Haskins Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4776 House 19940217 Introduced, read first time, 25
referred to Committee
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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.