Current Status Bill Number:
4586Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19960208Primary Sponsor: KelleyAll Sponsors: KelleyDrafted Document Number: jic\5201htc.96Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Grievance procedures, Transportation Department employees
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960417 Committed to Committee 25 HJ House 19960327 Objection by Representative Kelley D. Smith Cave Wright Witherspoon Riser Neal Scott Cobb-Hunter Howard Cotty Stuart Kennedy Moody- Lawrence Lloyd Inabinett Govan L. Whipper Byrd J. Hines M. Hines House 19960320 Committee report: Favorable 21 HEPW House 19960208 Introduced, read first time, 21 HEPW referred to CommitteeView additional legislative information at the LPITS web site.
March 20, 1996
S. Printed 3/20/96--H.
Read the first time February 8, 1996.
To whom was referred a Bill (H. 4586), to amend the Code of Laws of South Carolina, 1976, by adding Section 8-17-375 so as to establish a separate grievance procedure, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
RONALD P. TOWNSEND, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 8-17-375. A dismissed or transferred Department of Transportation employee, exempted from the state employee grievance procedures pursuant to Section 8-17-370, who alleges that the dismissal or transfer was improper or discriminatory, may appeal the dismissal or transfer in accordance with procedures the department shall establish. The appeal procedures established must provide that the ultimate appeal be to the commission."
SECTION 2. Article 3, Chapter 1, Title 57 of the 1976 Code is amended by adding:
"Section 57-1-360. The commission shall foster the creation of private/public partnerships in an effort to improve the efficiencies and avoid delays in the construction and maintenance of highway projects. The commission shall investigate mechanisms for outsourcing the planning, engineering, construction, and maintenance of highway projects.
The commission shall report annually before February of each year to the House Education and Public Works Committee, the Senate Transportation Committee, and the Governor's Office the status of progress in pursuit of this directive."
SECTION 3. Section 8-17-370 of the 1976 Code, as last amended by Act 452 of 1994, is further amended by adding an appropriately numbered item at the end to read:
"( )(a)(i) Department of Transportation employees who report directly to the director, as defined in Section 57-1-10 including, but not limited to, those executive and support personnel assigned to the agency director's office and the administrative head of the division, or ancillary or service divisions established by the commission pursuant to Section 57-3-10;
(ii) the administrative heads of each division of the department; those civil engineers as classified by the State Budget and Control Board assigned to the directors of engineering, and those civil engineers as classified by the State Budget and Control Board assigned to the district engineering administrator including, but not limited to, county resident construction engineers or maintenance engineers, or both. This exemption also extends to transportation planners as classified by the State Budget and Control Board.
(b) As used in this item, `administrative head' includes, the deputy directors of each division, as defined in Section 57-1-20; the chief counsel, as set forth in Section 57-1-400; the directors of engineering as classified by the State Budget and Control Board; the district engineering administrators as classified by the State Budget and Control Board; the executive personnel assigned to the agency director's office; the head of the divisions established by the commission pursuant to Section 57-3-10. The provisions of this item apply to all persons performing the functions and exercising the responsibilities of these positions described in this item, regardless of changes in title or classification."
SECTION 4. Section 57-3-20(2) of the 1976 Code, as amended by Act 181 of 1993, is further amended by adding an appropriately lettered subitem to read:
"as vacancies occur, future appointees to the position of division deputy director for construction, engineering, and planning must be registered professional engineers in this State as defined in Section 40-22-40."
SECTION 5. This act takes effect July 1, 1996.