S 1034 Session 111 (1995-1996)
S 1034 General Bill, By Bryan
A Bill 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.
01/18/96 Senate Introduced and read first time SJ-4
01/18/96 Senate Referred to Committee on Judiciary SJ-4
A BILL
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.
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