Current Status Introducing Body:Senate Bill Number:78 Primary Sponsor:Rose Committee Number:06 Type of Legislation:GB Subject:Public Employee Reduction Act Residing Body:Senate Current Committee:Finance Computer Document Number:78 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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78 Senate Jan 08, 1991 Introduced and read first 06
time, referred to Committee
78 Senate Sep 10, 1990 Prefiled, referred to 06
Committee
View additional legislative information at the LPITS web site.
TO ENACT THE PUBLIC EMPLOYEE REDUCTION ACT, TO REDUCE THE RATIO OF STATE EMPLOYEES TO POPULATION OF THIS STATE, AND TO PROVIDE THAT THE MONEY REALIZED FROM THE REDUCTION OF STATE EMPLOYEES BE USED FOR CERTAIN PURPOSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is the intent of the General Assembly that the State achieve a maximum ratio of one hundred state agency full-time employees per ten thousand population.
SECTION 2. This act may be cited as the Public Employee Reduction Act.
SECTION 3. As used in this act:
(1) "Board" means the State Budget and Control Board;
(2) "Full-time employee" or "full-time equivalent" or "FTE" means an authorized permanent position which accrues the equivalent of eighty hours a pay period, annualized over twenty-six pay periods;
(3) "Population" means the official population shown by the most recent federal decennial census. However, after five years from the first day of the calendar year of the most recent federal decennial census, that census may not be used, and "population" for the period from that date until the date when the next following official final decennial census population data are available is the most current estimated population provided in writing by the Research and Statistical Service Division of the Budget and Control Board; and
(4) "State agency" means:
(a) any department, commission, board, office, or other agency in the executive or legislative branch of state government; or
(b) the Supreme Court of this State, the court of appeals, and magistrate's court, the solicitor in a judicial circuit or any office, council, commission, or other agency in the judicial branch of state government.
SECTION 4. (A) The board shall determine annually:
(1) the number of full-time employees employed by each state agency;
(2) the statewide turnover rate for the prior fiscal year for all state agencies with seventy-five or more full-time employees; and
(3) the turnover rate for the prior fiscal year for each state agency with seventy-five or more full-time employees.
(B) The board shall provide that each state agency include the total number of FTE's of the state agency in its annual appropriation request.
SECTION 5. (A) The administrative head of a state agency with seventy-five or more full-time employees as determined under Section 4(A)(1) shall choose one of the turnover rates provided by Section 4 to apply to that agency. Each state agency shall reduce its FTE's in any fiscal year by one-third of the turnover rate that applies to the agency.
(B) Each state agency with less than seventy-five employees as determined under Section 4(A)(1) may not increase the number of full-time employees of that agency.
SECTION 6. (A) If a state agency does not incorporate the FTE target levels set forth in Section 4 in its annual appropriation request, the state agency shall, in that request, identify the FTE reductions and associated costs that would result from meeting the FTE levels set forth in Section 4.
(B) Following consideration of the fiscal and program impact of the FTE levels targeted in this act, the board shall recommend an FTE level for each state agency that will enable that agency to carry out its duties and responsibilities as required by law.
(C) Upon determination of a recommended FTE level for a state agency, the board shall determine the amount of money by which that agency's base budget would be reduced, if any, by that FTE level.
(1) Twenty-five percent of the amount that a state agency's base budget is actually reduced in any fiscal year by reducing its FTE level must be budgeted for merit increases for full-time employees of that state agency in that fiscal year; and
(2) Ten percent of the total amount that all state agencies' base budgets are actually reduced by reducing FTE levels in any fiscal year must be budgeted for merit increases for full-time employees of state agencies not reducing their FTE levels in that fiscal year.
SECTION 7. The provisions of this act apply to any fiscal year in which the State exceeds the ratio set forth in Section 2.
SECTION 8. The board and the Commission on Higher Education shall study and determine a method for setting reduction targets and reducing the number of state-funded instructional and noninstructional personnel at educational institutions. They shall report their findings and recommendations for legislation and implementation to the General Assembly no later than April 1, 1991.
SECTION 9. Any monies saved by a reduction of employees under this act must be used in an effective manner as pay for performance as allocated by the board as part of the next annual budget appropriation.
SECTION 10. This act takes effect upon approval by the Governor.