H*4392(Rat #0181, Act #0171 of 2002)  General Bill, By Harrison, Keegan, 
Barfield, Sharpe, Witherspoon and Altman

Similar(S 797, S 872)
 A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND
 PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE
 SYSTEM, AND FURTHER PROVIDE FOR THE EXEMPTION OF OTHER EDUCATIONAL FACULTY AND
 EMPLOYEES; AND TO AMEND SECTION 59-53-52, RELATING TO POWERS AND DUTIES OF
 AREA TECHNICAL EDUCATION COMMISSIONS, SO AS TO PROVIDE THAT AREA COMMISSIONS
 SHALL EMPLOY THEIR RESPECTIVE TECHNICAL COLLEGE PRESIDENTS WHO SHALL BE
 EMPLOYED AT THE WILL OF THE AREA COMMISSION.-amended title

   12/05/01  House  Prefiled
   12/05/01  House  Referred to Committee on Ways and Means
   01/08/02  House  Introduced and read first time HJ-23
   01/08/02  House  Referred to Committee on Ways and Means HJ-23
   01/09/02  House  Recalled from Committee on Ways and Means HJ-16
   01/09/02  House  Referred to Committee on Judiciary HJ-16
   01/10/02  House  Recalled from Committee on Judiciary HJ-11
   01/16/02  House  Debate interrupted HJ-20
   01/16/02  House  Amended HJ-23
   01/16/02  House  Read second time HJ-24
   01/17/02  House  Read third time and sent to Senate HJ-174
   01/22/02  Senate Introduced and read first time SJ-12
   01/22/02  Senate Referred to Committee on Finance SJ-12
   01/30/02  Senate Committee report: Favorable Finance SJ-6
   02/05/02  Senate Read second time SJ-38
   02/05/02  Senate Unanimous consent for third reading on next
                     legislative day SJ-38
   02/06/02  Senate Read third time and enrolled SJ-30
   02/07/02         Ratified R 181
   02/07/02         Signed By Governor
   02/21/02         Act No. 171
   02/26/02         Effective date 02/07/02
   02/26/02         Copies available

AN ACT TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM, AND FURTHER PROVIDE FOR THE EXEMPTION OF OTHER EDUCATIONAL FACULTY AND EMPLOYEES; AND TO AMEND SECTION 59-53-52, RELATING TO POWERS AND DUTIES OF AREA TECHNICAL EDUCATION COMMISSIONS, SO AS TO PROVIDE THAT AREA COMMISSIONS SHALL EMPLOY THEIR RESPECTIVE TECHNICAL COLLEGE PRESIDENTS WHO SHALL BE EMPLOYED AT THE WILL OF THE AREA COMMISSION.

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

Exemption from grievance procedures

SECTION 1. Section 8-17-370 of the 1976 Code, as last amended by Act 264 of 2000, is further amended to read:

"Section 8-17-370. The provisions of this article do not apply to:

(1) members, officers, or employees of the General Assembly;

(2) employees within the Office of the Governor who work at the mansion or in the State House or those employees appointed by the Governor to serve at or above the organizational level of assistant directors of the individual program components;

(3) elected public officials of this State or persons appointed to fill vacancies in these offices;

(4) all judges, officers, and employees of the Judicial Department; jurors; all employees of the Commission on Prosecution Coordination; and the judges, officers, and employees of the Administrative Law Judge Division;

(5) members of state boards, commissions, councils, advisory councils, or committees compensated on a per diem basis;

(6) inmate help in a charitable, penal, or correctional institution, residents of rehabilitation facilities, or students employed in institutions of learning;

(7) part-time professional personnel engaged in consultant or contractual services;

(8) an agency head who has the authority and responsibility for an agency within state government including the divisions of the State Budget and Control Board;

(9) employees of the Public Service Authority, State Ports Authority, the Jobs-Economic Development Authority, or the Division of Public Railways and the Division of Savannah Valley Development of the Department of Commerce;

(10) teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including its branch campuses, if any, as defined in Section 59-107-10;

(11) athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10;

(12) deputy directors as defined in Section 8-17-320;

(13) regional and county directors of the Department of Social Services as defined in Section 43-3-40(B);

(14) employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision; and

(15) presidents of the South Carolina Technical College System."

Employment at will

SECTION 2. Section 59-53-52(8) of the 1976 Code is amended to read:

"(8) Employ the respective technical college president, who shall be employed at the will of the area commission from a list of at least three candidates recommended by a committee consisting of the chairman of the area commission or designated commission member, the chairman of the board or designated state board member and one area president appointed by the two aforementioned persons;"

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 7th day of February, 2002.

Approved the 7th day of February, 2002.