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4392Ratification Number: 181Act Number: 171Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20020108Primary Sponsor: HarrisonAll Sponsors: Harrison, Keegan, Barfield, Sharpe, Witherspoon, AltmanDrafted Document Number: l:\council\bills\gjk\20796sd02.docDate Bill Passed both Bodies: 20020206Date of Last Amendment: 20020116Governor's Action: SDate of Governor's Action: 20020207Subject: Employee grievance procedures, to exempt presidents of technical college system and further provide for exemption of educational employeesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020222 Act No. A171 ------ 20020207 Signed by Governor ------ 20020207 Ratified R181 Senate 20020206 Read third time, enrolled for ratification Senate 20020205 Read second time, unanimous consent for third reading on Wednesday, 20020206 ------ 20020131 Scrivener's error corrected Senate 20020130 Committee report: Favorable 06 SF Senate 20020122 Introduced, read first time, 06 SF referred to Committee House 20020117 Read third time, sent to Senate House 20020116 Amended, read second time House 20020116 Debate interrupted House 20020110 Recalled from Committee 25 HJ House 20020109 Referred to Committee 25 HJ Recalled from Committee 30 HWM House 20020108 Introduced, read first time, 30 HWM referred to Committee House 20011205 Prefiled, referred to Committee 30 HWM Versions of This Bill Revised on January 10, 2002 - Word format Revised on January 16, 2002 - Word format Revised on January 17, 2002 - Word format Revised on January 30, 2002 - Word format Revised on January 31, 2002 - Word format
(A171, R181, H4392)
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;"
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.
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