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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 12, 2003
S. 320
S. Printed 3/12/03--S.
Read the first time February 5, 2003.
To whom was referred a Joint Resolution (S. 320) to authorize the Adjutant General's Office to furlough state-funded FTE's during fiscal year 2002-2003, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Paragraph 63.52, Part IB, Act 289 of 2002, the general appropriations act for fiscal year 2002-2003, is amended to read:
63.52(BCB: Mandatory Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in which the general funds appropriated for a state agency, institution, or department are less than the general funds appropriated for that state agency, institution, or department in the preceding fiscal year, or whenever the General Assembly or the State Budget and Control Board implements an midyear across-the-board budget reduction, agency heads may institute employee furlough programs of not more than ten working days in the fiscal year in which the deficit is projected to occur. The furlough must be inclusive of all employees in an agency or within a designated department or organizational unit regardless of source of funds or place of work and must include employees in classified positions and unclassified positions as well as agency heads. The furlough must include all classified and unclassified employees in the designated area. If the furlough includes the entire agency, the furlough must include the agency head. Scheduling of furlough days, or portions of days, shall be at the discretion of the agency head, but under no circumstances should the agency close completely. During this furlough, affected employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. As to those benefits that which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, the state agencies, institutions, and departments will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Procedure Act. In the event the reduction for the state agency, institution, or department is due solely to the General Assembly transferring or deleting a program, this provision does not apply. The implementation of a furlough program authorized by this provision shall be on an agency-by-agency basis. Agencies may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs. The State Budget and Control Board shall promulgate guidelines and policies, as necessary, to implement the provisions of this paragraph. State agencies shall report information regarding furloughs to the Office of Human Resources of the State Budget and Control Board.
SECTION 2. This joint resolution takes effect upon approval by the Governor and applies for the 2002-2003 fiscal year. /
Renumber sections to conform.
Amend title to conform.
HUGH K. LEATHERMAN, SR. for Committee.
EXPLANATION OF IMPACT:
Since the bill allows the agency to furlough employees within a designated department or organizational unit, there will be no additional cost on the General Fund of the State or on federal and/or other funds. Further, without being able to identify which agencies may furlough employees and even departments or organizational units, any potential cost savings generated to the agency is indeterminable.
Approved By:
Don Addy
Office of State Budget
TO AUTHORIZE THE ADJUTANT GENERAL'S OFFICE TO FURLOUGH STATE-FUNDED FTE'S DURING FISCAL YEAR 2002-2003 UNDER SPECIFIC CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Notwithstanding Section 8-11-195 of the 1976 Code, Section 63.52, Part IB, Act 289 of 2002, the general appropriations act for fiscal year 2002-2003, or any other provision of law, the Adjutant General's Office may institute employee furlough programs of not more than ten working days. The furlough must be inclusive of all employees fully-funded or partially funded by state funds and must include employees in classified positions and unclassified positions. Scheduling of furlough days, or portions of days, is at the discretion of the State Adjutant General, but under no circumstances may the Adjutant General's Office close completely. During this furlough, affected employees are entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. As to those benefits that require employer and employee contributions including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program, the Adjutant General's Office is responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee solely remains responsible for making those contributions. Placement of an employee on furlough pursuant to this joint resolution does not constitute a grievance or appeal under the State Employee Grievance Procedure Act. The Adjutant General's Office may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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