H 4586 General Bill, By Kelley

Similar(H 4474)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 8-17-375 so as to establish a separate grievance procedure for Department of
 Transportation employees exempted from the general state employees grievance
 process; by adding Section 57-1-360 so as to direct the Commission of the
 Department of Transportation to foster the creation of private/public
 partnerships and to require annual program reports; to amend Section 8-17-370,
 as amended, relating to state employees exempt from the employee grievance
 process, so as to exempt various categories of Department of Transportation
 employees; and to amend Section 57-3-20, as amended, relating to division
 deputy directors of the Department of Transportation, so as to require a
 future appointee to the position of division deputy for construction,
 engineering, and planning to be a professional engineer.

   02/08/96  House  Introduced and read first time HJ-23
   02/08/96  House  Referred to Committee on Education and Public
                     Works HJ-23
   03/20/96  House  Committee report: Favorable Education and Public
                     Works HJ-9
   03/27/96  House  Objection by Rep. Kelley, D. Smith, Cave, Wright,
                     Witherspoon, Riser, Neal, Scott, Cobb-Hunter,
                     Howard, Cotty, Stuart, Kennedy, Moody-Lawrence,
                     Lloyd, Inabinett, Govan, L. Whipper, Byrd, J.
                     Hines & M. Hines HJ-44
   04/17/96  House  Committed to Committee on Judiciary HJ-78
   04/17/96  House  Roll call Yeas-63  Nays-46 HJ-78

March 20, 1996

H. 4586

S. Printed 3/20/96--H.

Read the first time February 8, 1996.

To whom was referred a Bill (H. 4586), to amend the Code of Laws of South Carolina, 1976, by adding Section 8-17-375 so as to establish a separate grievance procedure, etc., respectfully

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

RONALD P. TOWNSEND, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 8-17-375. A dismissed or transferred Department of Transportation employee, exempted from the state employee grievance procedures pursuant to Section 8-17-370, who alleges that the dismissal or transfer was improper or discriminatory, may appeal the dismissal or transfer in accordance with procedures the department shall establish. The appeal procedures established must provide that the ultimate appeal be to the commission."

SECTION 2. Article 3, Chapter 1, Title 57 of the 1976 Code is amended by adding:

"Section 57-1-360. The commission shall foster the creation of private/public partnerships in an effort to improve the efficiencies and avoid delays in the construction and maintenance of highway projects. The commission shall investigate mechanisms for outsourcing the planning, engineering, construction, and maintenance of highway projects.

The commission shall report annually before February of each year to the House Education and Public Works Committee, the Senate Transportation Committee, and the Governor's Office the status of progress in pursuit of this directive."

SECTION 3. Section 8-17-370 of the 1976 Code, as last amended by Act 452 of 1994, is further amended by adding an appropriately numbered item at the end to read:

"( )(a)(i) Department of Transportation employees who report directly to the director, as defined in Section 57-1-10 including, but not limited to, those executive and support personnel assigned to the agency director's office and the administrative head of the division, or ancillary or service divisions established by the commission pursuant to Section 57-3-10;

(ii) the administrative heads of each division of the department; those civil engineers as classified by the State Budget and Control Board assigned to the directors of engineering, and those civil engineers as classified by the State Budget and Control Board assigned to the district engineering administrator including, but not limited to, county resident construction engineers or maintenance engineers, or both. This exemption also extends to transportation planners as classified by the State Budget and Control Board.

(b) As used in this item, `administrative head' includes, the deputy directors of each division, as defined in Section 57-1-20; the chief counsel, as set forth in Section 57-1-400; the directors of engineering as classified by the State Budget and Control Board; the district engineering administrators as classified by the State Budget and Control Board; the executive personnel assigned to the agency director's office; the head of the divisions established by the commission pursuant to Section 57-3-10. The provisions of this item apply to all persons performing the functions and exercising the responsibilities of these positions described in this item, regardless of changes in title or classification."

SECTION 4. Section 57-3-20(2) of the 1976 Code, as amended by Act 181 of 1993, is further amended by adding an appropriately lettered subitem to read:

"as vacancies occur, future appointees to the position of division deputy director for construction, engineering, and planning must be registered professional engineers in this State as defined in Section 40-22-40."

SECTION 5. This act takes effect July 1, 1996.