South Carolina General Assembly
115th Session, 2003-2004

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Bill 464

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

March 26, 2003

S. 464

Introduced by Senator Leatherman

S. Printed 3/26/03--S.

Read the first time March 11, 2003.

            

THE COMMITTEE ON FINANCE

To whom was referred a Bill (S. 464) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the title of the bill, as and if amended, page 1, line 21, by striking / EITHER AN ARCHITECT OR /

Renumber sections to conform.

Amend title to conform.

HUGH K. LEATHERMAN, SR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

A review of this bill indicates there will be no impact on the General Fund of the State or on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

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 THE POSITION OF STATE ENGINEER; AND TO AMEND SECTIONS 11-35-310 AND 11-35-830, BOTH AS AMENDED, RELATING TO DEFINITIONS USED IN THE CONSOLIDATED PROCUREMENT CODE AND THE DUTIES OF THE STATE ENGINEER, SO AS TO PROVIDE THAT THE POSITION OF STATE ENGINEER MUST BE REGISTERED IN THIS STATE AS EITHER AN ARCHITECT OR A PROFESSIONAL ENGINEER AND TO PROVIDE THAT THE STATE ENGINEER IS AN AT-WILL EMPLOYEE WHO SERVES AT THE PLEASURE OF THE STATE BUDGET AND CONTROL BOARD.

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

SECTION    1.    Section 8-17-370 of the 1976 Code, as last amended by Act 356 of 2002, is further amended by adding an appropriately numbered item at the end to read:

"( )    a person holding the position of State Engineer as defined in Section 11-35-830."

SECTION    2.    Section 11-35-310(33) of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:

"(33)    'State Engineer' means the person holding the position as head of the State Engineer's office. The person holding the position of State Engineer must be registered in this State as a professional engineer."

SECTION    3.    Section 11-35-830 of the 1976 Code, as amended by Act 153 of 1997, is further amended to read:

"Section 11-35-830.    There is hereby created within the Office of General Services, the State Engineer's office to be headed by the State Engineer. All procurements involving construction, architectural and engineering, construction management, and land surveying services, as defined in Section 11-35-2910, and any pre- and post-procurement activities in this area, shall must be conducted in accordance with regulations promulgated by the board except as otherwise provided for in this code by specific reference to the State Engineer's office.

The State Engineer serves at the will and pleasure of the State Budget and Control Board. The executive director may make a recommendation to the board concerning the removal of the State Engineer. The board's removal of the State Engineer from that position is not subject to administrative review under the State Employee Grievance Procedure Act. The board's decision is final and not subject to any other administrative review."

SECTION    4.    This act takes effect upon approval by the Governor.

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