South Carolina General Assembly
116th Session, 2005-2006

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3011

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Wilkins, Harrison, W.D. Smith, Cato, Harrell, Chellis, G.R. Smith, Merrill, Coates, Young, Owens, Kirsh, Leach, Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Chalk, Brady, Edge and Hagood
Document Path: l:\council\bills\gjk\20016sd05.doc

Introduced in the House on January 11, 2005
Introduced in the Senate on February 2, 2005
Last Amended on February 1, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Agriculture Commissioner appointed by the Governor; Secretary of State office abolished

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  House   Prefiled
   12/8/2004  House   Referred to Committee on Judiciary
   1/11/2005  House   Introduced and read first time HJ-45
   1/11/2005  House   Referred to Committee on Judiciary HJ-46
   1/11/2005  House   Member(s) request name added as sponsor: Chalk
   1/13/2005  House   Member(s) request name added as sponsor: Merrill
   1/18/2005  House   Member(s) request name added as sponsor: Brady
   1/19/2005  House   Committee report: Favorable with amendment Judiciary HJ-3
   1/20/2005          Scrivener's error corrected
   1/25/2005  House   Member(s) request name removed as sponsor: Sandifer
   1/26/2005  House   Member(s) request name added as sponsor: Edge, Hagood
   1/26/2005  House   Debate adjourned HJ-25
   1/26/2005  House   Requests for debate-Rep(s). Harrison, Walker, Mahaffey, 
                        Littlejohn, Sinclair, Lucas, Anderson, JE Smith, Ott, 
                        Cobb-Hunter, Weeks, McLeod, Hayes, Hosey, JE Brown, JH 
                        Neal, Clyburn, Parks, Kennedy, Breeland, Mack, Leach, 
                        GR Smith, Phillips, Anthony and R Brown HJ-38
   1/26/2005  House   Debate adjourned until Thursday, January 27, 2005 HJ-42
   1/27/2005  House   Member(s) request name removed as sponsor: Toole
    2/1/2005  House   Amended HJ-30
    2/1/2005  House   Read second time HJ-48
    2/1/2005  House   Roll call Yeas-90  Nays-30 HJ-48
    2/2/2005  House   Read third time and sent to Senate HJ-21
    2/2/2005          Scrivener's error corrected
    2/2/2005  Senate  Introduced and read first time SJ-19
    2/2/2005  Senate  Referred to Committee on Judiciary SJ-19
   3/15/2005  Senate  Referred to Subcommittee: Martin (ch), Moore, Ritchie, 
                        Malloy, Cromer, Campsen, Williams

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004
1/19/2005
1/20/2005
2/1/2005
2/2/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

February 1, 2005

H. 3011

Introduced by Reps. Wilkins, Harrison, W.D. Smith, Cato, Harrell, Chellis, G.R. Smith, Merrill, Coates, Young, Owens, Kirsh, Leach, Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Chalk, Brady, Edge and Hagood

S. Printed 2/1/05--H.    [SEC 2/2/05 10:35 AM]

Read the first time January 11, 2005.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Election Commission

The agency indicates there will be no fiscal impact on the General fund of the State or on federal and/or other funds. While there is a cost associated with printing a referendum ballot, the funding for statewide general elections is sufficient to cover this cost.

SPECIAL NOTES:

Based on the outcome of the proposed referendum there could be a cost to the General Fund of the State. Section 1-1-1210 of the Code of Laws of South Carolina, 1976, establishes the salary of the above constitutional officers to be $92,007. If the Commissioner of Agriculture and the Superintendent of Education become appointed positions, then Section 1-1-1210 may need to be amended to provide salaries consistent with current cabinet positions.

The FY 2004-05 Appropriation Act reflects an appropriation of $58,034 for the Board of Education which could be recognized as expected savings if that board is abolished.

Approved By:

Don Addy

Office of State Budget

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSION OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

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

Part I

Secretary of State

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 Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."

SECTION    2.    The proposed amendment 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 Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the secretary must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?

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'."

Part II

Superintendent of Education and

State Board of Education

SECTION    3.    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 Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."

SECTION    4.    The proposed amendment in Section 5 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 Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?

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'."

SECTION    5.    It is proposed that Section 1, Article XI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."

SECTION    6.    The proposed amendment in Section 7 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 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?

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'."

----XX----

This web page was last updated on Friday, December 4, 2009 at 3:37 P.M.