South Carolina General Assembly
115th Session, 2003-2004

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Bill 383


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO EXEMPT FROM THE STATE EMPLOYEE PROCEDURE ACT STATE EMPLOYEES WHO REPORT DIRECTLY TO AN AGENCY HEAD OR CONSTITUTIONAL OFFICER, AND STATE EMPLOYEES WHO REPORT DIRECTLY TO THIS FIRST CATEGORY OF EMPLOYEES, TO EXEMPT ALL STATE EMPLOYEES WHO RECEIVE ANNUALIZED COMPENSATIONS OF AT LEAST FIFTY THOUSAND DOLLARS, TO PROVIDE THAT THESE EXEMPTIONS DO NOT APPLY TO TEACHING AND RESEARCH FACULTY AT A FOUR-YEAR POST-SECONDARY EDUCATIONAL INSTITUTION, AND TO GIVE THESE NEW EXEMPTIONS PROSPECTIVE EFFECT.

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

SECTION    1.    Article 5, Chapter 17, Title 8 of the 1976 Code is amended by adding:

"Section 8-17-375.    (A)    In addition to employees exempt from the provisions of this article pursuant to Section 8-17-370, the following categories of state employees are similarly exempt:

(1)    an employee of an agency who reports directly to an agency head or constitutional officer;

(2)    an employee of an agency who reports directly to an employee described in item (1) of this subsection;

(3)    an employee of an agency who receives annualized compensation from the agency of an amount equal to at least fifty thousand dollars.

(B)    The provisions of subsection (A) of this section do not extend to teaching and research faculty at a public institution of higher learning not including technical and comprehensive educational institutions."

SECTION    2.    This act takes effect upon approval by the Governor and applies for employees hired for, promoted, or transferred to positions described in Section 8-17-375 of the 1976 Code as added by this act on and after that date.

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