Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3628
STATUS INFORMATION
Joint Resolution
Sponsors: Reps. Wilkins, Townsend, Taylor, Bingham, Rutherford, Lloyd, Kirsh, Rhoad, McLeod, Barfield, Ceips, Clark, Clyburn, Cobb-Hunter, Delleney, Duncan, Emory, Gilham, Herbkersman, Littlejohn, Lourie, Mahaffey, Martin, J.M. Neal, Ott, Pinson, M.A. Pitts, Richardson, Rivers, Skelton, Toole, Walker, White and Edge
Document Path: l:\council\bills\gjk\20198sd03.doc
Introduced in the House on February 18, 2003
Last Amended on February 19, 2003
Currently residing in the House Committee on Education and Public Works
Summary: School districts, personnel and fund transfer provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
2/18/2003 House Introduced, read first time, placed on calendar without
reference HJ-4
2/19/2003 Scrivener's error corrected
2/19/2003 House Debate interrupted HJ-23
2/19/2003 House Amended HJ-25
2/19/2003 House Requests for debate-Rep(s). JE Smith, Walker, Townsend,
Young, Ott, Skelton, Anthony, Altman, Mack, Jennings,
Leach, Phillips, Miller, Branham, JR Smith, Breeland,
Freeman, J Hines, Hosey, Cotty, Thompson, Clyburn,
Neilson, HJ-26
2/19/2003 House Requests for debate-Rep(s). Weeks, Sandifer, Clark,
Gourdine, JH Neal, Cobb-Hunter, Hayes, Moody-Lawrence,
Parks, Taylor, Whipper, R Brown, Duncan and Rhoad HJ-26
2/19/2003 House Member(s) request name removed as sponsor: Huggins,
Thompson
2/25/2003 House Member(s) request name removed as sponsor: Harrell,
Scarborough
2/26/2003 House Member(s) request name added as sponsor: Edge
2/26/2003 House Debate adjourned until Thursday, February 27, 2003 HJ-36
2/27/2003 House Committed to Committee on Education and Public Works
HJ-27
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/18/2003
2/18/2003-A
2/19/2003
2/19/2003-A
AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1 (Doc. Name Council\gjk\20215sd03)
February 19, 2003
H. 3628
Introduced by Reps. Wilkins, Harrell, Townsend, Taylor, Bingham, Rutherford, Lloyd, Huggins, Kirsh, Rhoad, McLeod, Barfield, Ceips, Clark, Clyburn, Cobb-Hunter, Delleney, Duncan, Emory, Gilham, Herbkersman, Littlejohn, Lourie, Mahaffey, Martin, J.M. Neal, Ott, Pinson, M.A. Pitts, Richardson, Rivers, Scarborough, Skelton, Thompson, Toole, Walker and White
S. Printed 2/18/03--H.
Read the first time February 18, 2003.
TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Notwithstanding any other provision of law and for the 2002-2003 fiscal year only, if state funds appropriated for a school district in this State are less than state funds appropriated for that school district in the preceding fiscal year, or if the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, school districts may institute employee furlough programs pursuant to the requirements of this act. Before any employees may be furloughed pursuant to this act, the chairman of the governing body of the school district must certify that all fund flexibility provided by the General Assembly has been utilized by the district and that the furlough is necessary to avoid a year-end deficit and a reduction in force. The certification must include a detailed report by the superintendent of the specific action taken by the district to avoid a year-end deficit. The certification and report must be in writing and delivered to the State Superintendent of Education and a copy must be forwarded to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
The school district may furlough school district level employees for a period not to exceed five days. Any furlough must include all personnel employed by the school district regardless of classification or funding source. The district shall take all reasonable action necessary to provide for furlough days on in-service days and shall only provide for furlough days on instructional days if absolutely necessary. All school districts are exempt from the defined minimum plan in Section 59-1-420 to the extent absolutely necessary to carry out this provision.
During any furlough, affected employees shall be entitled to participate in the same benefits as otherwise available to them except for receiving their salaries. As to those benefits that require employer and employee contributions, including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program, the district will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision does not constitute a grievance or appeal under any employee grievance procedure. The district may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.
This joint resolution shall not abrogate the terms of any contract between any school district and its employees.
SECTION 2. For fiscal year 2002-2003, all school districts and special schools of this State may transfer revenue between programs to any instructional program and any unobligated instructional program funds may be used for essential operational purposes.
SECTION 3. This joint resolution takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:27 A.M.