South Carolina General Assembly
106th Session, 1985-1986

Bill 2213

                    Current Status

Bill Number:               2213
Ratification Number:       59
Act Number:                38
Introducing Body:          House
Subject:                        Chief of Staff, Air National
                           Guard
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A38, R59, H2213)

AN ACT TO AMEND SECTION 25-1-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A VACANCY IN AND DUTIES OF THE CHIEF OF STAFF, HEADQUARTERS SOUTH CAROLINA AIR NATIONAL GUARD, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY PROMOTING THE FULLY QUALIFIED RATED OFFICER WHO HAS A MINIMUM OF FIVE YEARS COMMISSIONED SERVICE IN THE GUARD AND WHO IS, IN THE OPINION OF THE ADJUTANT GENERAL, CONSIDERED TO BE BEST QUALIFIED TO FILL THE VACANCY; TO AMEND SECTION 25-1-1160, RELATING TO VACANCIES IN GRADE OF LIEUTENANT COLONEL OR HIGHER IN THE SOUTH CAROLINA AIR NATIONAL GUARD, SO AS TO PROVIDE THAT THE PROVISIONS OF THE SECTION APPLY TO THE GRADE OF COLONEL OR HIGHER; BY ADDING SECTION 25-1-650 TO PROVIDE THAT A VACANCY IN COMMISSIONED OFFICER GRADES FOR WHICH PROVISION IS NOT OTHERWISE MADE MUST BE FILLED IN ACCORDANCE WITH REGULATIONS OF THE MILITARY DEPARTMENT OF SOUTH CAROLINA CONSISTENT WITH APPLICABLE FEDERAL LAW AND WITH APPLICABLE REGULATIONS OF THE DEPARTMENT OF THE ARMY, DEPARTMENT OF THE AIR FORCE, AND NATIONAL GUARD BUREAU; AND TO REPEAL SECTIONS 25-1-570, 25-1-820, 25-1-900, 25-1-910, 25-1-920, 25-1-940, 25-1-1130, 25-1-1170, AND 25-1-1180 ALL RELATING TO FILLING VACANCIES IN VARIOUS GRADES IN UNITS OR ORGANIZATIONS IN THE SOUTH CAROLINA ARMY NATIONAL GUARD AND THE SOUTH CAROLINA AIR NATIONAL GUARD BY USE OF THE SENIORITY SYSTEM.

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

Filling of vacancy

SECTION 1. Section 25-1-1150 of the 1976 Code is amended to read:

"Section 25-1-1150. Whenever a vacancy occurs in the position of chief of staff, headquarters South Carolina Air National Guard it must be filled by promoting the fully qualified rated officer who has a minimum of five years commissioned service in the South Carolina Air National Guard and who is, in the opinion of the Adjutant General of South Carolina, considered to be the best qualified to fill the vacancy. Officers considered for this assignment must have served in a state status the next two years preceding the date the vacancy occurred. Active duty tours or schools of one year's duration or less shall count toward accrual of the two-year period specified in this section. In the event of federal mobilization of the majority of the South Carolina Air National Guard, the two-year requirement does not apply. The chief of staff shall supervise preparation of plans, policies, and programs for the Air National Guard units assigned to the State and advise and assist the Adjutant General in the execution of such of these plans, policies, and programs as he approves. If he is the senior Air National Guard officer in the State, he may be vested with the authority to command all Air National Guard units assigned to the State."

Further

SECTION 2. Section 25-1-1160 of the 1976 Code is amended to read:

"Section 25-1-1160. Except as otherwise specifically authorized in this section, whenever a vacancy occurs in the grade of colonel or higher in the South Carolina Air National Guard, it must be filled by promoting the officer of the next lower grade in the South Carolina Air National Guard who is fully qualified for promotion and who is, in the opinion of the senior tactical Air National Guard commander, the chief of staff, headquarters, South Carolina Air National Guard, and the Adjutant General of South Carolina, considered to be best qualified to fill the vacancy notwithstanding seniority among those officers qualified to fill the vacancy."

Further

SECTION 3. The 1976 Code is amended by adding:

"Section 25-1-650. Whenever a vacancy occurs in commissioned officer grades for which provision is not otherwise made, it must be filled in accordance with regulations of the Military Department of South Carolina consistent with applicable federal law and with applicable regulations of the Department of the Army, Department of the Air Force, and National Guard Bureau."

Repeal

SECTION 4. Sections 25-1-570, 25-1-820, 25-1-900, 25-1-910, 25-1-920, 25-1-940, 25-1-1130, 25-1-1170, and 25-1-1180 of the 1976 Code are repealed.

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.