H 3122 Session 111 (1995-1996)
H 3122 Joint Resolution, By Wilkins, Allison, B.D. Cain, Cato, Cooper,
J.L.M. Cromer, Davenport, Delleney, L.L. Elliott, Fleming, R.C. Fulmer,
H.M. Hallman, Harrell, J.L. Harris, Harrison, B.H. Harwell, Haskins,
R.J. Herdklotz, M.F. Jaskwhich, Keegan, Kelley, Knotts, Law, L.H. Limbaugh,
Littlejohn, C.V. Marchbanks, Mason, McKay, Meacham, Richardson, Riser, Robinson,
Sharpe, D. Smith, Stille, Stuart, Vaughn, D.C. Waldrop, Walker, Whatley,
Whipper, L.S. Whipper, Witherspoon, S.S. Wofford and Young-Brickell
Similar(S 235, H 3179)
A Joint Resolution 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 the 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 title and 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.
12/14/94 House Prefiled
12/14/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-44
01/10/95 House Referred to Committee on Judiciary HJ-45
A JOINT RESOLUTION
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 THE
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 TITLE AND 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 title and 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?
Yes []
No []
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'."
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