Current Status Bill Number:1034 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960118 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:res9838.jeb Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Constitutional officers, certain
Body Date Action Description Com Leg Involved
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Senate 19960118 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 25-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ADJUTANT GENERAL, SO AS TO 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, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR A TERM OF FOUR YEARS COTERMINOUS WITH THAT OF THE GOVERNOR, 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; TO AMEND SECTION 46-3-40 OF THE 1976 CODE, RELATING TO THE COMMISSIONER OF AGRICULTURE, SO AS TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, THE COMMISSIONER OF AGRICULTURE MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR A TERM OF FOUR YEARS COTERMINOUS WITH THAT OF THE GOVERNOR, AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE COMMISSIONER OF AGRICULTURE BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE; AND TO AMEND SECTIONS 59-3-10 AND 59-3-20 OF THE 1976 CODE, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION, TO DELETE REFERENCES TO TRAVEL EXPENSES, AND TO PROVIDE FOR FILLING A VACANCY; TO AMEND SECTION 59-5-60 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION; AND TO PROVIDE THAT THE ABOVE PROVISIONS RELATING TO THE SUPERINTENDENT OF EDUCATION TAKE EFFECT UPON RATIFICATION OF AMENDMENTS TO SECTION 7, ARTICLE VI, AND SECTION 2, ARTICLE XI OF THE CONSTITUTION OF THIS STATE, DELETING THE REQUIREMENT THAT THE STATE SUPERINTENDENT OF EDUCATION BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE AND PROVIDING THAT HE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION.
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. He shall hold office until his successor is elected and qualifies appointed by the Governor, with the advice and consent of the Senate, for a term of four years and until his successor is appointed and qualifies. His term of office must be coterminous with that of the Governor. Vacancies in his office must be filled by appointment in the same manner as original appointment for the remainder of the unexpired term. He shall be ex officio chief of staff. He shall receive such annual salary as may be provided by the General Assembly."
SECTION 2. The Adjutant General shall continue to be popularly elected in the manner now provided by law until the date of the 1998 general election, 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 3. Section 46-3-40 of the 1976 Code is amended to read:
"Section 46-3-40. The Commissioner commissioner shall be elected by the qualified electors in the general election now provided by law for the election of State officers of the State government, for a term of four years, the next term after the adoption of this Code beginning on the first day of January 1963. In case a vacancy should occur the Governor shall appoint a successor for the unexpired term appointed by the Governor, with the advice and consent of the Senate, for a term of four years and until his successor is appointed and qualifies. 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 as original appointment for the remainder of the unexpired term."
SECTION 4. The Commissioner of Agriculture shall continue to be popularly elected in the manner now provided by law until the date of the 1998 general election, at which time the Commissioner of Agriculture must be appointed in the manner provided by Section 46-3-40 of the 1976 Code, as amended by the provisions of this act.
SECTION 5. Section 59-3-10 of the 1976 Code is amended to read:
"Section 59-3-10. The State Superintendent of Education shall be elected at each general election in the same manner as other State officers and shall enter upon the duties of his office at the time prescribed by law must be appointed by the State Board of Education. He or she shall have those qualifications as the board shall determine and as provided by law. Before entering upon the duties of his office he shall give bond for the use of the State in the penal sum of five thousand dollars, with good and sufficient sureties, to be approved by the Governor, conditioned for the faithful and impartial performance of the duties of his office, and he shall also, at. At the time of giving bond, he shall take and subscribe the oath prescribed in Section 26, Article III of the Constitution of the State, which shall must be endorsed upon the back of the bond. The bond shall must be filed with and recorded by the Secretary of State, and by him recorded and, when. When so recorded, shall it must be filed with the State Treasurer. The Superintendent of Education shall receive as compensation for his services such the sum as the General Assembly shall by law provide provides, payable monthly out of the State Treasury, and his traveling expenses, not exceeding three hundred dollars, shall be paid out of the State Treasury upon duly itemized accounts rendered by him."
SECTION 6. Section 59-3-20 of the 1976 Code is amended to read:
"Section 59-3-20. In case a A vacancy occurs in the office of State Superintendent of Education, from any cause, such vacancy shall be filled by the Governor, by and with the advice and consent of the Senate, and the person so appointed shall qualify within fifteen days from the date of such appointment or else the office shall be deemed vacant. If the vacancy occur during the recess of the Senate, the Governor shall fill the same by appointment until the Senate can act thereon must be filled by appointment in the same manner as the original appointment."
SECTION 7. Section 59-5-60 of the 1976 Code is amended by adding a new item to be appropriately numbered to read:
"( ) Appoint the State Superintendent of Education."
SECTION 8. The State Superintendent of Education serving in office on the effective date of Sections 5, 6, and 7 of this act shall continue to serve until his or her current term of office expires, at which time his or her successor appointed by the State Board of Education in the manner provided by law shall take office.
SECTION 9. Sections 1 and 2 of this act take 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 with the advice and consent of the Senate.
SECTION 10. Sections 3 and 4 of this act take effect upon the ratification of an amendment to Section 7, Article VI of the Constitution of this State deleting the requirement that the Commissioner of Agriculture be elected by the qualified electors of this State and providing that he be appointed by the Governor with the advice and consent of the Senate.
SECTION 11. Sections 5, 6, 7, and 8 of this act take effect upon ratification of amendments to Section 7, Article VI, and Section 2, Article XI of the Constitution of this State, deleting the requirement that the State Superintendent of Education be elected by the qualified electors of this State and providing that he must be appointed by the State Board of Education.