South Carolina H 4296: Military Code

Bill Text

2025-2026 Bill 4296 Text of Previous Version (May. 01, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4296

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Recalled

May 1, 2025

H. 4296

Introduced 
by Reps. Mitchell, Gilliam, Yow and T. Moore 

S. Printed 5/1/25--S.

Read the first time April 10, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 25-1-90, RELATING TO SERVICE WITHIN THE STATE OF MILITARY FORCES FROM 
ANOTHER STATE, SO AS TO REMOVE A REFERENCE TO THE UNITED STATES ARMY; BY 
AMENDING SECTION 25-1-510, RELATING TO SOUTH CAROLINA NATIONAL GUARD 
APPOINTMENTS, SO AS TO REMOVE CERTAIN AGE REQUIREMENTS; BY AMENDING SECTION 
25-1-1330, RELATING TO ANNUAL SETTLEMENTS FOR FEDERAL AND STATE PROPERTY, SO AS 
TO REMOVE REFERENCES TO FEDERAL PROPERTY; BY AMENDING SECTION 25-1-1370, 
RELATING TO ALLOWANCES FOR MAINTENANCE, SO AS TO REMOVE A REQUIREMENT THAT 
UNITS ARE ENTITLED TO CERTAIN MAINTENANCE FUND ALLOWANCES; BY AMENDING SECTION 
42-7-40, RELATING TO APPLICATION TO THE STATE, SO AS TO PROVIDE FOR OTHER 
PERSONS CALLED INTO ACTIVE MILITARY SERVICE; BY AMENDING SECTION 42-7-65, 
RELATING TO AVERAGE WEEKLY WAGES DESIGNATED FOR CERTAIN CATEGORIES OF 
EMPLOYEES, SO AS TO PROVIDE FOR OTHER PERSONS CALLED INTO ACTIVE MILITARY 
SERVICE; BY AMENDING SECTION 42-7-75, RELATING TO STATE AGENCIES' REQUIREMENT 
TO PAY WORKERS' COMPENSATION PREMIUMS, SO AS TO PROVIDE THAT THE ADJUTANT 
GENERAL MAY USE CERTAIN METHODS FOR PAYING WORKERS' COMPENSATION PREMIUMS IN 
CERTAIN CASES; BY REPEALING SECTION 25-1-360 RELATING TO RULES AND REGULATIONS; 
BY REPEALING SECTION 25-1-380 RELATING TO THE ASSISTANT ADJUTANT GENERAL FOR 
ARMY; BY REPEALING SECTION 25-1-390 RELATING TO THE ASSISTANT ADJUTANT GENERAL 
FOR AIR; BY REPEALING SECTION 25-1-410 RELATING TO AUDITS AND ALLOWANCES OF DEPARTMENT 
EXPENSES; BY REPEALING SECTION 25-1-560 RELATING TO PUBLICATIONS OF RELATIVE 
RANK LIST OF OFFICERS; BY REPEALING SECTION 25-1-580 RELATING TO OFFICERS IN 
COMMAND OF SUBORDINATE OR DETACHED UNITS OR DIFFERENT UNITS ON DUTY TOGETHER; 
BY REPEALING SECTION 25-1-810 RELATING TO PROMOTIONS UNDER THE FEDERAL 
PERSONNEL ACT; BY REPEALING SECTION 25-1-830 RELATING TO OFFICER SELECTION 
BOARDS; BY REPEALING SECTION 25-1-860 RELATING TO VACANCIES IN STAFF OF 
HEADQUARTERS AND HEADQUARTERS DETACHMENT; BY REPEALING SECTION 25-1-870 
RELATING TO VACANCIES IN GRADE OF MAJOR GENERAL; BY REPEALING SECTION 25-1-880 
RELATING TO VACANCIES IN GRADE OF BRIGADIER GENERAL; BY REPEALING SECTION 
25-1-890 RELATING TO VACANCIES IN GRADE OF COLONEL; BY REPEALING SECTION 
25-1-930 RELATING TO VACANCIES IN GRADE OF WARRANT OFFICER; BY REPEALING 
SECTION 25-1-1350 RELATING TO REQUIREMENTS FOR SHARING IN APPROPRIATIONS; AND 
BY REPEALING SECTION 25-1-3105 RELATING TO MEMBERS OF THE MILITARY FORCES TO 
SERVE AT THE PLEASURE OF THE ADJUTANT GENERAL.

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

SECTION 1. Section 25-1-90 
of the S.C. Code is amended to read:

 Section 
25-1-90. No armed military force from another state, territory or district 
shall be permitted to enter the State for the purpose of doing military duty 
therein without the permission of the Governor, unless such force is part of the United States Army or is acting under the 
authority of the United States Government.

SECTION 2. Section 25-1-510 of the S.C. Code is amended to read:

 Section 
25-1-510. All commissioned and warrant officers of the South Carolina National 
Guard shall be appointed and commissioned or warranted by the Governor. No 
person must be appointed and commissioned or warranted unless he is a citizen of the United States and meets federal residency requirements for the appointment. His age shall conform to the age requirements as set forth in 
the regulations issued by the National Guard Bureau and that are in effect at 
the time of appointment. Every commissioned or warrant officer must hold office 
under his commission or warrant until he has been regularly appointed and 
commissioned or warranted to another grade or office or until he has been 
regularly retired, discharged, dismissed, or placed in an inactive status.

SECTION 3. Section 25-1-1330 of the S.C. Code is amended to read:

 Section 
25-1-1330. (a) Federal property.-The Adjutant General 
shall coordinate with the USPFO to audit and effect annual settlements with 
responsible officers having federal property accounts. The USPFO shall cause 
the responsible party to prepare and submit proper adjustment documents to 
cover any discrepancies discovered during such audit. When it is determined by 
duly appointed reviewing authority that losses were incurred due to fault or 
negligence of the responsible party, he shall be held pecuniarily liable. Whe