South Carolina Legislature


 

(Use of stop words in a search will not produce desired results.)
(For help with formatting search criteria, click here.)
adjutant general found 30 times.    Next
H*3540
Session 120 (2013-2014) 

H*3540(Rat #0249, Act #0224 of 2014)  General Bill, By Harrell, J.E. Smith, 
Bales, Hosey, Cobb-Hunter, Bannister, J.R. Smith, Patrick, Brannon, Erickson, 
Taylor, Huggins, Kennedy, Ballentine, Bernstein, Sellers, Williams, Jefferson, 
M.S. McLeod, Atwater, Bowers, R.L. Brown, Cole, Douglas, George, Hixon, Long, 
McCoy, Mitchell, Pitts, Pope, G.R. Smith, Tallon, Wood, Weeks, Knight and Hart

Similar(S 445, S 466) AN ACT TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE ADJUTANT GENERALNext TO THE LIST OF OFFICERS OR ENTITIES THE GOVERNING BOARD OF WHICH MAY BE REMOVED BY THE GOVERNOR ONLY FOR CERTAIN REASONS CONSTITUTING CAUSE; TO AMEND SECTION 25-1-320, RELATING TO THE STATE PreviousADJUTANT GENERALNext, SO AS TO PROVIDE THAT THE PreviousADJUTANT GENERALNext MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM NOT COTERMINOUS WITH THE GOVERNOR, AND TO ESTABLISH CERTAIN QUALIFICATIONS FOR THE OFFICE OF PreviousADJUTANT GENERALNext; TO AMEND SECTION 25-1-340, AS AMENDED, RELATING TO VACANCIES IN THE OFFICE OF PreviousADJUTANT GENERALNext, SO AS TO DELETE A REFERENCE TO THE ELIGIBILITY REQUIREMENTS OF CONSTITUTIONAL OFFICERS, AND TO AUTHORIZE THE GOVERNOR TO MAKE A TEMPORARY APPOINTMENT TO THE OFFICE OF PreviousADJUTANT GENERALNext PURSUANT TO SECTION 1-3-210 SHOULD A VACANCY OCCUR AT A TIME WHEN THE SENATE IS NOT IN SESSION; AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AMENDMENTS TO SECTION 7, ARTICLE VI, AND SECTION 4, ARTICLE XIII OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE STATE PreviousADJUTANT GENERALNext BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE. - ratified title 02/19/13 House Introduced and read first time (House Journal-page 21) 02/19/13 House Referred to Committee on Judiciary (House Journal-page 21) 03/06/13 House Committee report: Favorable Judiciary (House Journal-page 41) 03/07/13 House Member(s) request name added as sponsor: Weeks, Knight 03/19/13 House Requests for debate-Rep(s). Bedingfield, Bannister, Hiott, Owens, JR Smith, Tallon, Bales, Finlay, JE Smith (House Journal-page 52) 03/20/13 House Read second time (House Journal-page 42) 03/20/13 House Roll call Yeas-110 Nays-2 (House Journal-page 43) 03/20/13 House Member(s) request name added as sponsor: Hart 03/21/13 House Read third time and sent to Senate (House Journal-page 37) 03/21/13 Senate Introduced and read first time (Senate Journal-page 13) 03/21/13 Senate Referred to Committee on Judiciary (Senate Journal-page 13) 04/10/13 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 23) 04/24/13 Senate Committee Amendment Adopted (Senate Journal-page 20) 04/24/13 Senate Read second time (Senate Journal-page 20) 04/24/13 Senate Roll call Ayes-39 Nays-0 (Senate Journal-page 20) 04/25/13 Scrivener's error corrected 05/21/14 Senate Read third time and returned to House with amendments (Senate Journal-page 28) 05/27/14 House Concurred in Senate amendment and enrolled (House Journal-page 52) 05/27/14 Scrivener's error corrected 05/29/14 Ratified R 249 06/03/14 Signed By Governor 06/11/14 Effective date See Act for Effective Date 06/12/14 Act No. 224




H. 3540

(A224, R249, H3540)

AN ACT TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE PreviousADJUTANT GENERALNext TO THE LIST OF OFFICERS OR ENTITIES THE GOVERNING BOARD OF WHICH MAY BE REMOVED BY THE GOVERNOR ONLY FOR CERTAIN REASONS CONSTITUTING CAUSE; TO AMEND SECTION 25-1-320, RELATING TO THE STATE PreviousADJUTANT GENERALNext, SO AS TO PROVIDE THAT THE PreviousADJUTANT GENERALNext MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM NOT COTERMINOUS WITH THE GOVERNOR, AND TO ESTABLISH CERTAIN QUALIFICATIONS FOR THE OFFICE OF PreviousADJUTANT GENERALNext; TO AMEND SECTION 25-1-340, AS AMENDED, RELATING TO VACANCIES IN THE OFFICE OF PreviousADJUTANT GENERALNext, SO AS TO DELETE A REFERENCE TO THE ELIGIBILITY REQUIREMENTS OF CONSTITUTIONAL OFFICERS, AND TO AUTHORIZE THE GOVERNOR TO MAKE A TEMPORARY APPOINTMENT TO THE OFFICE OF PreviousADJUTANT GENERALNext PURSUANT TO SECTION 1-3-210 SHOULD A VACANCY OCCUR AT A TIME WHEN THE SENATE IS NOT IN SESSION; AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AMENDMENTS TO SECTION 7, ARTICLE VI, AND SECTION 4, ARTICLE XIII OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE STATE PreviousADJUTANT GENERALNext BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE.

Be it enacted by the General Assembly of the State of South Carolina:

Removal of officers

SECTION    1.    Section 1-3-240(C)(1) of the 1976 Code, as last amended by Act 105 of 2012, is further amended by adding at the end:

"(p)    State PreviousAdjutant GeneralNext."

Appointment of PreviousAdjutant GeneralNext

SECTION    2.    Section 25-1-320 of the 1976 Code is amended to read:

"Section 25-1-320.    (A)    There must be an PreviousAdjutant GeneralNext appointed by the Governor upon the advice and consent of the Senate. The initial term of the first appointed PreviousAdjutant GeneralNext must be for two years so as to allow subsequent terms to be staggered with that of the Governor's term. After the initial appointment, the PreviousAdjutant GeneralNext must be appointed for a four-year term commencing on the first Wednesday following the second Tuesday in January that follows the general election that marks the Governor's midterm. The position of PreviousAdjutant GeneralNext is recognized as holding the rank of Major General. He shall hold office until his successor is appointed and confirmed. The PreviousAdjutant GeneralNext is the commander of all military forces within the South Carolina Military Department, and he is responsible to the Governor in his role as and Commander in Chief for the proper performance of his duties. He shall receive an annual salary as provided by the General Assembly and only may be removed for cause prior to the expiration of his term pursuant to the provisions of Section 1-3-240(C).

(B)    The person appointed PreviousAdjutant GeneralNext by the Governor must possess, at a minimum, the following qualifications:

(1)    be a qualified elector of this State;

(2)    be in an active National Guard status at the time of the appointment, except as provided in subsection (E);

(3)    be a graduate of the Army War College, the Air War College, or the military education level equivalent;

(4)    have ten or more years of federally recognized commissioned service in the South Carolina National Guard, at least five years of which must have been at the rank of Lieutenant Colonel (O-5) or higher;

(5)    have command experience at the battalion or squadron level or higher; and

(6)    hold the rank of Colonel (O-6) or higher and possess the necessary qualifications to serve as a federally recognized general officer.

(C)    In addition to the minimum qualifications for the Office of PreviousAdjutant GeneralNext specified in subsection (B), the Governor also may consider:

(1)    the candidates' military experience, including command experience or military service in an area where hostile-fire pay or imminent-danger pay was authorized pursuant to federal law or regulation; and

(2)    the promotion criteria for the rank of major general or higher.

(D)    In the event of a vacancy or impending vacancy in the Office of the PreviousAdjutant GeneralNext, the South Carolina Military Department, upon request of the Governor, shall provide a list of candidates who satisfy the qualifications for office specified in subsection (B) and copies of the candidates' military personnel records.

(E)    Nothing in this section may be construed to prohibit the Governor's ability to appoint a qualified retired officer who has not exceeded the maximum age to serve as a federally recognized general officer."

Vacancies in Office of the PreviousAdjutant GeneralNext

SECTION    3.    Section 25-1-340 of the 1976 Code, as last amended by Act 46 of 2011, is further amended to read:

"Section 25-1-340.    If the Office of the PreviousAdjutant GeneralNext is vacated because of the death, resignation, removal, or retirement of the PreviousAdjutant GeneralNext prior to the normal expiration of his term of Office, the Governor shall appoint with the advice and consent of the Senate an officer of the active South Carolina National Guard, who meets the eligibility requirements provided in Section 25-1-320 to fill out the unexpired term of the former incumbent. In the event a vacancy should occur in the Office of PreviousAdjutant GeneralNext at a time when the Senate is not in session, the Governor temporarily may fill the vacancy pursuant to Section 1-3-210. The appointee, upon being duly qualified, is subject to all the duties and liabilities incident to the office and receives the compensation provided by law for the PreviousAdjutant GeneralNext during his term of service."

Time effective

SECTION    4.    This act takes effect upon the ratification of amendments to Section 7, Article VI, and Section 4, Article XIII of the Constitution of this State deleting the requirement that the PreviousAdjutant General be elected by the qualified electors of this State and providing that he be appointed by the Governor.

Ratified the 29th day of May, 2014.

Approved the 3rd day of June, 2014.

__________




Legislative Services Agency
h t t p : / / w w w . s c s t a t e h o u s e . g o v