H 3179 Session 111 (1995-1996)
H 3179 Joint Resolution, By J.L.M. Cromer, R.C. Fulmer, R.J. Herdklotz,
Richardson, Meacham, Stille, Stuart and L.S. Whipper
Similar(S 235, H 3122)
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 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, upon the
advice and consent of the Senate 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, upon
the advice and consent of the Senate in the manner provided in Section 7 of
Article VI above.
12/21/94 House Prefiled
12/21/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-70
01/10/95 House Referred to Committee on Judiciary HJ-71
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
ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE
OF THE 1998 GENERAL ELECTION, HE MUST BE
APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND
CONSENT OF THE SENATE, 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, UPON THE ADVICE AND CONSENT OF THE
SENATE, 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, upon the
advice and consent of the Senate, 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 must 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 must 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, upon the
advice and consent of the Senate, 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, upon the advice and consent of the
Senate, 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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