Current Status Bill Number:1039 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19960118 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:res9837.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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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, THE SUPERINTENDENT OF EDUCATION, AND THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THE ADJUTANT GENERAL AND COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, THESE OFFICES MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR TERMS COTERMINOUS WITH THAT OF THE GOVERNOR WITH THOSE QUALIFICATIONS THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION AND MUST HAVE THOSE QUALIFICATIONS AS PRESCRIBED BY LAW EXCEPT THAT THE SUPERINTENDENT DOES NOT HAVE TO POSSESS THE QUALIFICATIONS OF AN ELECTOR; PROPOSING AN AMENDMENT TO SECTION 4 OF ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, TO CONFORM WITH THAT PORTION OF THE AMENDMENT TO SECTION 7, ARTICLE VI STATED ABOVE THAT APPLIES TO THE ADJUTANT GENERAL AND TO UPDATE REFERENCES TO THE MILITARY RANK OF THE ADJUTANT GENERAL; AND PROPOSING AN AMENDMENT TO SECTION 2 OF ARTICLE XI, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, TO CONFORM WITH THAT PORTION OF THE AMENDMENT TO SECTION 7, ARTICLE VI STATED ABOVE THAT APPLIES TO THE SUPERINTENDENT OF EDUCATION.
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 to read:
"Section 7. There shall must be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, and a Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years, coterminous with that of the Governor. The duties and compensation of such the offices shall must be prescribed by law and their compensation shall must not be neither increased nor diminished during the period for which they shall have been elected.
Beginning upon the expiration of the terms of the Adjutant General and the Commissioner of Agriculture serving in office on the date of the 1998 general election, the Adjutant General and the Commissioner of Agriculture must be appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until their successors are appointed and qualify with those qualifications the General Assembly shall provide by law. The terms of office must be coterminous with that of the Governor. Vacancies in these offices must be filled by appointment in the same manner as original appointment for the remainder of the expired term.
Also, beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the 1998 general election, the Superintendent of Education must be appointed by the State Board of Education and must have those qualifications as prescribed by law and the board, except that the requirements of Section 1 of Article XVII relating to possessing the qualifications of an elector are not a qualification for the office of State Superintendent of Education."
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, with the advice and consent of the Senate, for a term of four years and until his successor is appointed and qualifies with those qualifications 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 as original appointment for the remainder of the unexpired term."
SECTION 3. It is proposed that Section 2 of Article XI of the Constitution of this State be amended to read:
"Section 2. There shall must be a State Superintendent of Education who shall be the chief administrative officer of the public education system of the State. The Superintendent of Education must be appointed by the State Board of Education and shall have such those qualifications as may be prescribed by law and the board except that the requirements of Section 1 of Article XVII relating to possessing the qualifications of an elector are not a qualification for the office of State Superintendent of Education. A vacancy in the office must be filled in the same manner as original appointment for the remainder of the expired term."
SECTION 4. The proposed amendments in Sections 1, 2 and 3 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, be amended so as to delete the Adjutant General, Commissioner of Agriculture, and Superintendent of Education from the list of state officers which the Constitution requires to be elected, to provide that upon the expiration of the terms of the Adjutant General and the Commissioner of Agriculture serving in office on the date of the 1998 general election, the Adjutant General and the Commissioner of Agriculture must be appointed by the Governor, with the advice and consent of the Senate, for terms coterminous with that of the Governor with those qualifications the General Assembly shall provide by law, and to provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the 1998 general election, the Superintendent of Education must be appointed by the State Board of Education and must have those qualifications as prescribed by law except that the Superintendent does not have to possess the qualifications of an elector; and must Section 4 of Article XIII, relating to the Adjutant General and his staff officers, be amended to conform with that portion of the amendment to Section 7, Article VI stated above that applies to the Adjutant General and to update references to the military rank of the Adjutant General; and must Section 2 of Article XI, relating to the State Superintendent of Education, be amended to conform with that portion of the amendment to Section 7, Article VI stated above that applies to the Superintendent of Education?
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'."