South Carolina General Assembly
109th Session, 1991-1992

Bill 4334


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4334
Primary Sponsor:                Wilkins
Type of Legislation:            JR
Subject:                        Executive Cabinet of Governor
Residing Body:                  Senate
Computer Document Number:       CYY/18708.SD
Introduced Date:                Feb 04, 1992
Date of Last Amendment:         Apr 22, 1992
Last History Body:              Senate
Last History Date:              May 19, 1992
Last History Type:              Committee Report:   Favorable with
                                                         amendment
Scope of Legislation:           Statewide
All Sponsors:                   Wilkins
                                Kirsh
                                Beasley
                                M.O.
                                Alexander
                                Altman
                                Baker
                                Bennett
                                H. Brown
                                Bruce
                                Cato
                                Chamblee
                                Clyborne
                                Cole
                                Cooper
                                Corbett
                                Cork
                                Corning
                                Cromer
                                L. Elliott
                                Fair
                                Farr
                                Fulmer
                                Gonzales
                                Hallman
                                P.
                                Harris
                                Harrison
                                Haskins
                                Hendricks
                                Huff
                                Jaskwhich
                                Keegan
                                Kempe
                                Klapman
                                Koon
                                Lanford
                                Littlejohn
                                Manly
                                Marchbanks
                                L.
                                Martin
                                McGinnis
                                McKay
                                Meacham
                                Quinn
                                Rama
                                Rhoad
                                Riser
                                Rogers
                                Sharpe
                                Shissias
                                Smith
                                Snow
                                Stone
                                Sturkie
                                Tucker
                                Vaughn
                                Waites
                                Waldrop
                                Wells
                                Wilder
                                D. Williams
                                Wofford
                                Wright
                                A. Young
                                R. Young
                                Council
Type of Legislation:            Joint Resolution



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4334  Senate  May 19, 1992  Committee Report: Favorable     11
                             with amendment
 4334  Senate  Apr 29, 1992  Introduced, read first time,    11
                             referred to Committee
 4334  House   Apr 28, 1992  Read third time, sent to
                             Senate
 4334  House   Apr 23, 1992  Debate interrupted by
                             adjournment
 4334  House   Apr 22, 1992  Amended, read second time
 4334  House   Apr 21, 1992  Debate interrupted by
                             adjournment
 4334  House   Apr 21, 1992  Amended
 4334  House   Apr 21, 1992  Objection by Representative
 4334  House   Apr 21, 1992  Objection withdrawn by
                             Representative
 4334  House   Mar 26, 1992  Objection by Representative
 4334  House   Mar 18, 1992  Committee Report: Favorable     25
                             with amendment
 4334  House   Feb 04, 1992  Introduced, read first time,    25
                             referred to Committee

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

COMMITTEE REPORT

May 19, 1992

H. 4334

Introduced by REPS. Wilkins, Kirsh, Beasley, M.O. Alexander, Altman, Baker, Bennett, H. Brown, Bruce, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, L. Elliott, Fair, Farr, Fulmer, Gonzales, Hallman, P. Harris, Harrison, Haskins, Hendricks, Huff, Jaskwhich, Keegan, Kempe, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, L. Martin, McGinnis, McKay, Meacham, Quinn, Rama, Rhoad, Riser, Rogers, Sharpe, Shissias, Smith, Snow, Stone, Sturkie, Tucker, Vaughn, Waites, Waldrop, Wells, Wilder, D. Williams, Wofford, Wright, A. Young, R. Young and Council

S. Printed 5/19/92--S.

Read the first time April 29, 1992.

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (H. 4334), proposing an amendment to Article VI of the Constitution of South Carolina, 1895, relating to state officers, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the resolution, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 10. The General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments, appointed by the Governor upon the advice and consent of the Senate, organized as far as practicable according to major purposes and functions as determined by the General Assembly. The General Assembly may exclude any agency from the executive cabinet if it determines that the functions of that particular agency are most effectively administered in another form. The department heads in the cabinet so established must be appointed by the Governor upon the advice and consent of the Senate by recorded vote. They shall serve at the pleasure of the Governor, unless impeached pursuant to Article XV but by majority vote, and with that compensation as provided by law. No person, or member of his immediate family, may be appointed to the cabinet who has contributed, individually or collectively, one thousand dollars or more to the Governor in a one-year period.

Those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come. The Governor and his cabinet department heads must devise and implement a total quality management plan for all departments and agencies. No legislative or judicial branches of government or the agencies or functions thereof may be made a part of the executive cabinet's jurisdiction, including regulations which must be promulgated and approved in accordance with the Administrative Procedures Act, and nothing in this section shall affect or diminish the office, powers, or duties of the constitutional officers of this State."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article VI of the Constitution of this State relating to state officers be amended by adding Section 10 so as to provide that the General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor, which serves at his pleasure unless impeached by the General Assembly by majority vote, consisting of not more than fifteen members as heads of departments, appointed by the Governor upon the advice and consent of the Senate, organized as far as practicable according to major purposes and functions as determined by the General Assembly, unless it determines an agency's functions are most effectively administered in another form, and to provide that those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come, and that these agencies and departments must utilize a total quality management plan, and to provide that no such general law shall affect the legislative or judicial branches of government, and their agencies or functions, including regulations which must be promulgated and approved in accordance with the Administrative Procedures Act, and that nothing in such general law shall affect or diminish the office, powers or duties of the constitutional officers of this State?

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'."/

Amend title to conform.

MARSHALL B. WILLIAMS, for Committee.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.

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

SECTION 1. Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 10. The General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly. The department heads in the cabinet so established must be appointed by the Governor upon the advice and consent of the General Assembly by recorded vote. They shall serve at the pleasure of the Governor with that compensation as provided by law. No person, or member of his immediate family, may be appointed to the cabinet who has contributed, individually or collectively, one thousand dollars or more to the Governor in a one-year period.

Those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come. No legislative or judicial branches of government or the agencies or functions thereof may be made a part of the executive cabinet's jurisdiction, and nothing in this section shall affect or diminish the office, powers, or duties of the constitutional officers of this State."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article VI of the Constitution of this State relating to state officers be amended by adding Section 10 so as to provide that the General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly, and to provide that those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come, and to provide that no such general law shall affect the legislative or judicial branches of government, and their agencies or functions, and that nothing in such general law shall affect or diminish the office, powers or duties of the constitutional officers of this state?

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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