S 78 Session 109 (1991-1992)
S 0078 General Bill, By M.T. Rose
A Bill 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.
09/10/90 Senate Prefiled
09/10/90 Senate Referred to Committee on Finance
01/08/91 Senate Introduced and read first time SJ-45
01/08/91 Senate Referred to Committee on Finance SJ-45
A BILL
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.
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