2005-2006 Bill 3011: Agriculture Commissioner Appointed by the Governor; Secretary of State

1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 H. 3011 5 6 STATUS INFORMATION 7 8 Joint Resolution 9 Sponsors: Reps. Wilkins, Harrison, W.D. Smith, Cato, Harrell, Chellis, G.R. Smith, Merrill, Coates, 10 Young, Owens, Kirsh, Leach, Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Chalk, Brady, Edge 11 and Hagood 12 Document Path: l:\council\bills\gjk\20016sd05.doc 13 14 Introduced in the House on January 11, 2005 15 Introduced in the Senate on February 2, 2005 16 Last Amended on February 1, 2005 17 Currently residing in the Senate Committee on Judiciary 18 19 Summary: Agriculture Commissioner appointed by the Governor; Secretary of State office abolished 20 21 22 HISTORY OF LEGISLATIVE ACTIONS 23 24 Date Body Action Description with journal page number 25 12/8/2004 House Prefiled 26 12/8/2004 House Referred to Committee on Judiciary 27 1/11/2005 House Introduced and read first time HJ-45 28 1/11/2005 House Referred to Committee on Judiciary HJ-46 29 1/11/2005 House Member(s) request name added as sponsor: Chalk 30 1/13/2005 House Member(s) request name added as sponsor: Merrill 31 1/18/2005 House Member(s) request name added as sponsor: Brady 32 1/19/2005 House Committee report: Favorable with amendment Judiciary HJ-3 33 1/20/2005 Scrivener's error corrected 34 1/25/2005 House Member(s) request name removed as sponsor: Sandifer 35 1/26/2005 House Member(s) request name added as sponsor: Edge, Hagood 36 1/26/2005 House Debate adjourned HJ-25 37 1/26/2005 House Requests for debate-Rep(s). Harrison, Walker, Mahaffey, Littlejohn, Sinclair, Lucas, 38 Anderson, JE Smith, Ott, Cobb-Hunter, Weeks, McLeod, Hayes, Hosey, JE 39 Brown, JH Neal, Clyburn, Parks, Kennedy, Breeland, Mack, Leach, GR Smith, 40 Phillips, Anthony and R Brown HJ-38 41 1/26/2005 House Debate adjourned until Thursday, January 27, 2005 HJ-42 42 1/27/2005 House Member(s) request name removed as sponsor: Toole 43 2/1/2005 House Amended HJ-30 44 2/1/2005 House Read second time HJ-48 45 2/1/2005 House Roll call Yeas-90 Nays-30 HJ-48 46 2/2/2005 House Read third time and sent to Senate HJ-21 47 2/2/2005 Scrivener's error corrected 48 2/2/2005 Senate Introduced and read first time SJ-19 49 2/2/2005 Senate Referred to Committee on Judiciary SJ-19 50 3/15/2005 Senate Referred to Subcommittee: Martin (ch), Moore, Ritchie, Malloy, Cromer, Campsen, 51 Williams 52 53 54 VERSIONS OF THIS BILL 1 2 12/8/2004 3 1/19/2005 4 1/20/2005 5 2/1/2005 6 2/2/2005 7 1 AMENDED 2 February 1, 2005 3 4 H. 3011 5 6 Introduced by Reps. Wilkins, Harrison, W.D. Smith, Cato, Harrell, 7 Chellis, G.R. Smith, Merrill, Coates, Young, Owens, Kirsh, Leach, 8 Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Chalk, Brady, 9 Edge and Hagood 10 11 S. Printed 2/1/05--H. [SEC 2/2/05 10:35 AM] 12 Read the first time January 11, 2005. 13 14 15 STATEMENT OF ESTIMATED FISCAL IMPACT 16 ESTIMATED FISCAL IMPACT ON GENERAL FUND 17 EXPENDITURES: 18 $0 (No additional expenditures or savings are expected) 19 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 20 FUND EXPENDITURES: 21 $0 (No additional expenditures or savings are expected) 22 EXPLANATION OF IMPACT: 23 The Election Commission 24 The agency indicates there will be no fiscal impact on the 25 General fund of the State or on federal and/or other funds. While 26 there is a cost associated with printing a referendum ballot, the 27 funding for statewide general elections is sufficient to cover this 28 cost. 29 SPECIAL NOTES: 30 Based on the outcome of the proposed referendum there could 31 be a cost to the General Fund of the State. Section 1-1-1210 of the 32 Code of Laws of South Carolina, 1976, establishes the salary of 33 the above constitutional officers to be $92,007. If the 34 Commissioner of Agriculture and the Superintendent of Education 35 become appointed positions, then Section 1-1-1210 may need to be 36 amended to provide salaries consistent with current cabinet 37 positions.

1 [3011-1] 1 The FY 2004-05 Appropriation Act reflects an appropriation of 2 $58,034 for the Board of Education which could be recognized as 3 expected savings if that board is abolished. 4 5 Approved By: 6 Don Addy 7 Office of State Budget 8 9

1 [3011-2] 1 2 3 4 5 6 7 8 9 A JOINT RESOLUTION 10 11 PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE 12 VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF 13 THIS STATE, SO AS TO DELETE THE COMMISSIONER OF 14 AGRICULTURE FROM THE LIST OF STATE OFFICERS 15 WHICH THE CONSTITUTION REQUIRES TO BE ELECTED 16 AND PROVIDE THAT UPON THE EXPIRATION OF THE 17 TERM OF THE COMMISSION OF AGRICULTURE SERVING 18 IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS 19 PROVISION, HE MUST BE APPOINTED BY THE 20 GOVERNOR, WITH THE ADVICE AND CONSENT OF THE 21 SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE 22 AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR 23 ANY REASON; PROPOSING AN AMENDMENT TO 24 SECTION 7, ARTICLE VI, RELATING TO THE 25 CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO 26 DELETE THE SUPERINTENDENT OF EDUCATION FROM 27 THE LIST OF STATE OFFICERS WHICH THE 28 CONSTITUTION REQUIRES TO BE ELECTED AND 29 PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF 30 THE SUPERINTENDENT SERVING IN OFFICE ON THE 31 DATE OF THE RATIFICATION OF THIS PROVISION, THE 32 SUPERINTENDENT MUST BE APPOINTED BY THE 33 GOVERNOR, UPON THE ADVICE AND CONSENT OF THE 34 SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE 35 AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR 36 ANY REASON; AND PROPOSING AN AMENDMENT TO 37 SECTION 1, ARTICLE XI, RELATING TO THE STATE 38 BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD 39 EFFECTIVE UPON THE STATE SUPERINTENDENT OF 40 EDUCATION BEING APPOINTED BY THE GOVERNOR. 41

1 [3011] 1 1 Be it enacted by the General Assembly of the State of South 2 Carolina: 3 4 Part I 5 6 Secretary of State 7 8 SECTION 1. It is proposed that Section 7, Article VI of the 9 Constitution of this State be amended by adding the following new 10 paragraph at the end: 11 12 “Beginning upon the expiration of the term of the Secretary of 13 State serving in office on the date of the ratification of the 14 provisions of this paragraph, the Secretary of State must be 15 appointed by the Governor, with the advice and consent of the 16 Senate and House of Representatives, to serve at his pleasure and 17 to be removable by him for any reason.” 18 19 SECTION 2. The proposed amendment must be submitted to the 20 qualified electors at the next general election for representatives. 21 Ballots must be provided at the various voting precincts with the 22 following words printed or written on the ballot: 23 24 “Must Section 7, Article VI of the Constitution of this State 25 relating to state constitutional officers be amended so as to delete 26 the Secretary of State from the list of state officers which the 27 Constitution requires to be elected and provide that upon the 28 expiration of the term of the Secretary of State serving in office on 29 the date of the ratification of this provision, the secretary must be 30 appointed by the Governor, with the advice and consent of the 31 Senate and House of Representatives, to serve at his pleasure and 32 to be removable by him for any reason? 33 34 Yes  35 36 No  37 38 Those voting in favor of the question shall deposit a ballot with 39 a check or cross mark in the square after the word ‘Yes’ and those 40 voting against the question shall deposit a ballot with a check or 41 cross mark in the square after the word ‘No’.” 42

1 [3011] 2 1 Part II 2 3 Superintendent of Education and 4 State Board of Education 5 6 SECTION 3. It is proposed that Section 7, Article VI of the 7 Constitution of this State be amended by adding the following new 8 paragraph at the end: 9 10 “Beginning upon the expiration of the term of the 11 Superintendent of Education serving in office on the date of the 12 ratification of the provisions of this paragraph, the Superintendent 13 of Education must be appointed by the Governor, upon the advice 14 and consent of the Senate and House of Representatives, to serve 15 at his pleasure and to be removable by him for any reason.” 16 17 SECTION 4. The proposed amendment in Section 5 must be 18 submitted to the qualified electors at the next general election for 19 representatives. Ballots must be provided at the various voting 20 precincts with the following words printed or written on the ballot: 21 22 “ Must Section 7, Article VI of the Constitution of this State 23 relating to state constitutional officers be amended so as to delete 24 the Superintendent of Education from the list of state officers 25 which the Constitution requires to be elected and provide that upon 26 the expiration of the term of the Superintendent of Education 27 serving in office on the date of the ratification of this provision, the 28 superintendent must be appointed by the Governor, upon the 29 advice and consent of the Senate and House of Representatives, to 30 serve at his pleasure and to be removable by him for any reason? 31 32 Yes  33 34 No  35 36 Those voting in favor of the question shall deposit a ballot with a 37 check or cross mark in the square after the word ‘Yes’ and those 38 voting against the question shall deposit a ballot with a check or 39 cross mark in the square after the word ‘No’.” 40 41 SECTION 5. It is proposed that Section 1, Article XI of the 42 Constitution of this State be amended by adding the following new 43 paragraph at the end:

1 [3011] 3 1 2 “Effective upon the State Superintendent of Education being 3 appointed by the Governor as provided in this Constitution, the 4 State Board of Education is abolished.” 5 6 SECTION 6. The proposed amendment in Section 7 must be 7 submitted to the qualified electors at the next general election for 8 representatives. Ballots must be provided at the various voting 9 precincts with the following words printed or written on the ballot: 10 11 “ Must Section 1, Article XI of the Constitution of this State, 12 relating to the State Board of Education, be amended so as to 13 abolish the board effective upon the State Superintendent of 14 Education being appointed by the Governor? 15 16 Yes  17 18 No  19 20 Those voting in favor of the question shall deposit a ballot with a 21 check or cross mark in the square after the word ‘Yes’ and those 22 voting against the question shall deposit a ballot with a check or 23 cross mark in the square after the word ‘No’.” 24 ----XX---- 25

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