Current Status Introducing Body:House Bill Number:4777 Primary Sponsor:Wilkins Committee Number:25 Type of Legislation:JR Subject:Adjutant General, appointment by Governor Residing Body:House Current Committee:Judiciary Computer Document Number:GJK/20356SD.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 Baker Harwell Robinson Jaskwhich Keegan Wells Kelley Clyborne Marchbanks Allison Haskins Rogers Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN Leg Involved
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4777 House 19940217 Introduced, read first time, 25
referred to Committee
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PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, HE MUST BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR WITH THOSE QUALIFICATIONS AND UNDER THOSE PROCEDURES THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, AND PROPOSING AN AMENDMENT TO SECTION 4 OF ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, HE SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED IN SECTION 7 OF ARTICLE VI ABOVE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed 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 1998 general election, the Adjutant General must be appointed by the Governor for a term of four years and until his successor is appointed and qualifies with those qualifications and under those procedures the General Assembly shall provide by law. The term of office must be coterminous with that of the Governor. Vacancies in this office must be filled by appointment in the same manner of original appointment for the remainder of the unexpired term."
SECTION 2. It is proposed that Section 4, Article XIII of the Constitution of this State be amended to read:
"Section 4. There shall be an Adjutant and Inspector General elected by the qualified electors of the State at the same time and in the same manner as other state officers, who shall rank as Brigadier Major General, and whose duties and compensation shall be prescribed by law. The Governor shall, by and with the advice and consent of the Senate, appoint such other 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 1998 general election, the Adjutant General must be appointed by the Governor in the manner provided in Section 7 of Article VI."
SECTION 3. The proposed amendments in Sections 1 and 2 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers and Section 4 of Article XIII relating to the Adjutant General and his staff officers be amended so as to update references to his military rank, delete the Adjutant General from the list of state officers which the Constitution requires to be elected, and provide that upon the expiration of the term of the Adjutant General serving in office on the date of the 1998 general election, the Adjutant General must be appointed by the Governor for a term coterminous with that of the Governor with those qualifications and under those procedures the General Assembly shall provide by law?
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'."