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TO AMEND SECTIONS 8-11-160 AND 8-11-165, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCY HEAD SALARY COMMISSION, SO AS TO INCLUDE TECHNICAL COLLEGE PRESIDENTS AS OFFICIALS TO WHICH THESE PROVISIONS APPLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-11-160 of the 1976 Code, as last amended by Act 20 of 1987, is further amended to read:
"Section 8-11-160. (A) All boards and commissions are required to submit justification of an agency head's or technical college president's performance and salary recommendations to the Agency Head Salary Commission. This commission consists of four appointees of the chairman of the House Ways and Means Committee, four appointees of the chairman of the Senate Finance Committee, and three appointees of the Governor with experience in executive compensation.
(B) Salary increases for agency heads and technical college presidents must be based on recommendations by each agency board or commission to the Agency Head Salary Commission and their recommendations to the General Assembly.
(C) The provisions of this section and Section 8-11-165 also apply to the presidents of technical colleges in this State and to their local governing boards, and the compensation and increases in compensation of these technical college presidents is subject to the procedures and requirements contained in this section and Section 8-11-165."
SECTION 2. Section 8-11-165 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"Section 8-11-165. It is the intent of the General Assembly that a salary and fringe benefit survey for agency heads and technical college presidents must be conducted by the Office of Human Resources of the Budget and Control Board every three years. The staff of the office shall serve as the support staff to the Agency Head Salary Commission.
No employee of agencies reviewed by the Agency Head Salary Commission may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Budget and Control Board.
No president of a technical college may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Agency Head Salary Commission and the Budget and Control Board.
The Agency Head Salary Commission may recommend to the Budget and Control Board that agency head and technical college president salaries be adjusted to the minimum of their salary ranges and may recommend to the board that agency head and technical college president salaries be adjusted when necessary up to the midpoints of their respective salary ranges. These increases must be based on criteria developed and approved by the Agency Head Salary Commission.
All new members appointed to a governing board of an agency where the performance of the agency head is reviewed and ranked by the Agency Head Salary Commission shall attend the training in agency head performance appraisal provided by the commission within the first year of their appointment unless specifically excused by the chairman of the Agency Head Salary Commission."
SECTION 3. This act takes effect upon approval by the Governor.
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