S*0888(Rat #0216, Act #0198 of 2018)  General Bill, By Hembree, Gregory, 
Bennett, Grooms, Climer, Shealy, Peeler, Goldfinch, Massey, Talley, Verdin, 
Turner, Timmons, Alexander, Cash, Gambrell, Campbell, Senn, Young, Cromer, 
Davis, Rice, Martin, Corbin and Rankin
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-25-47 SO AS TO PROVIDE THE GOVERNING BODIES OF PUBLIC SCHOOL DISTRICTS AND
 CHARTER SCHOOLS MAY ALLOW CERTAIN FACULTY AND STAFF TO BE COMPENSATED FOR
 UNUSED ANNUAL LEAVE AND SICK LEAVE IN EXCESS OF NINETY DAYS AT THE END OF EACH
 FISCAL YEAR, TO MAKE THIS PROVISION APPLICABLE TO LEAVE IN EXCESS OF NINETY
 DAYS ACCRUED AFTER JULY 1, 2018, AND TO CLARIFY THE IMPACT ON EXISTING TEACHER
 INCENTIVE PROGRAMS AND LOCAL AUTHORITY RELATING TO SUCH PROGRAMS. - ratified
 title

   01/11/18  Senate Introduced and read first time (Senate Journal-page 5)
   01/11/18  Senate Referred to Committee on Education
                     (Senate Journal-page 5)
   02/15/18  Senate Committee report: Favorable with amendment
                     Education (Senate Journal-page 11)
   02/21/18  Senate Committee Amendment Adopted (Senate Journal-page 12)
   02/21/18  Senate Read second time (Senate Journal-page 12)
   02/21/18  Senate Roll call Ayes-45  Nays-0 (Senate Journal-page 12)
   02/27/18  Senate Read third time and sent to House
                     (Senate Journal-page 18)
   02/28/18  House  Introduced and read first time (House Journal-page 3)
   02/28/18  House  Referred to Committee on Education and Public
                     Works (House Journal-page 3)
   04/25/18  House  Committee report: Favorable Education and Public
                     Works (House Journal-page 8)
   05/01/18  House  Debate adjourned until Wed., 5-2-18
                     (House Journal-page 106)
   05/02/18  House  Read second time (House Journal-page 35)
   05/02/18  House  Roll call Yeas-97  Nays-0 (House Journal-page 35)
   05/03/18  House  Read third time and enrolled (House Journal-page 5)
   05/14/18         Ratified R 216
   05/15/18         Signed By Governor
   05/23/18         Effective date 05/15/18
   05/31/18         Act No. 198

(A198, R216, S888)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-47 SO AS TO PROVIDE THE GOVERNING BODIES OF PUBLIC SCHOOL DISTRICTS AND CHARTER SCHOOLS MAY ALLOW CERTAIN FACULTY AND STAFF TO BE COMPENSATED FOR UNUSED ANNUAL LEAVE AND SICK LEAVE IN EXCESS OF NINETY DAYS AT THE END OF EACH FISCAL YEAR, TO MAKE THIS PROVISION APPLICABLE TO LEAVE IN EXCESS OF NINETY DAYS ACCRUED AFTER JULY 1, 2018, AND TO CLARIFY THE IMPACT ON EXISTING TEACHER INCENTIVE PROGRAMS AND LOCAL AUTHORITY RELATING TO SUCH PROGRAMS.

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

Unused leave payments authorized

SECTION    1.    Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding:

"Section 59-25-47.    (A)    A local school district board of trustees or, in the case of a charter school, the governing body of a charter school, is authorized to adopt a policy consistent with the school district or, in the case of a charter school, the school budget, providing that all certified and noncertified public school teachers identified in the Professional Certified Staff listing, certified special school classroom teachers, certified media specialists, certified guidance counselors, and career specialists who are employed by a school district or a charter school who earn, but do not use sick and annual leave in excess of ninety days, may be eligible to receive payment at the end of each fiscal year for these earned days in excess of ninety days for each excess day at a district's or charter school's established rate of substitute pay for their individual job classification, or another amount, subject to approval by the local school board, or, in the case of a charter school, the governing body of the charter school. This provision applies only to sick leave and annual leave in excess of ninety days that is accrued after July 1, 2018.

(B)    Notwithstanding any provision contained in this section, this section does not and may not be construed to amend or to repeal:

(1)    the rights of a school district, charter school, or legislative delegation to set or restrict any existing teacher incentive payment programs; or

(2)    any existing teacher incentive payment programs provided by current law or any existing limitation on the fiscal autonomy of a school district or charter school that are more restrictive than any incentives provided in subsection (A)."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 14th day of May, 2018.

Approved the 15th day of May, 2018.