A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-1-1210, RELATING TO ANNUAL SALARIES OF CERTAIN STATE OFFICERS, SO AS TO PROVIDE THAT SALARIES OF THE GOVERNOR AND THE LIEUTENANT GOVERNOR MUST BE BASED ON RECOMMENDATIONS BY THE AGENCY HEAD SALARY COMMISSION TO THE GENERAL ASSEMBLY; BY AMENDING SECTION 8-11-160, RELATING TO THE AGENCY HEAD SALARY COMMISSION AND SALARY INCREASES FOR AGENCY HEADS, SO AS TO PROVIDE THAT SALARIES OF THE GOVERNOR AND THE LIEUTENANT GOVERNOR MUST BE BASED ON RECOMMENDATIONS BY THE AGENCY HEAD SALARY COMMISSION TO THE GENERAL ASSEMBLY, AND TO REQUIRE THE COMMISSION TO AUTHORIZE A STUDY EVERY FOUR YEARS TO RECOMMEND SALARY RANGES FOR THE GOVERNOR AND LIEUTENANT GOVERNOR; AND BY AMENDING SECTION 8-11-165, RELATING TO THE AGENCY HEAD SALARY COMMISSION AND ITS DUTIES AND RESPONSIBILITIES, SO AS TO MAKE CONFORMING CHANGES.

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

SECTION 1.  Section 1-1-1210 of the S.C. Code is amended to read:

    Section 1-1-1210.  (A) The annual salaries of the state officers listed below are:

    (B) These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.

    (C) A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission.

    (D) Beginning with Fiscal Year 2022-2023, and beginning when the state officer's term commences and lasting until the term concludes, with the exception of the Governor and Lieutenant Governor, salaries for the state officers listed in subsection (A) must be based on recommendations by the Agency Head Salary Commission to the General Assembly as provided in Sections 8-11-160 and 8-11-165.

    (E) Beginning when the Governor's and Lieutenant Governor's terms commence on January 20, 2027, and lasting until the terms conclude, salaries for the Governor and the Lieutenant Governor must be based on recommendations by the Agency Head Salary Commission to the General Assembly as provided in Sections 8-11-160 and 8-11-165.

SECTION 2.  Section 8-11-160 of the S.C. Code is amended to read:

    Section 8-11-160.  (A) All boards and commissions are required to submit justification of an agency head's performance and salary recommendations to the Agency Head Salary Commission.

    (B) This commission consists of four appointees of the chairman of the House Ways and Means Committee, four appointees of the chairman of the Senate Finance Committee, and three appointees of the Governor with experience in executive compensation.

    (C) Beginning with Fiscal Year 2022-2023:

       (1) salaries for the term of state officers listed in Section 1-1-1210(A), with the exception of the Governor and Lieutenant Governor, must be based on recommendations by the Agency Head Salary Commission to the General Assembly; and

       (2) the Agency Head Salary Commission shall authorize a study be conducted every four years to recommend a salary range for each state constitutional officer, with the exception of the Governor and Lieutenant Governor, based on their job duties and responsibilities as well as the pay of state constitutional officers in other states.

    (D) Beginning January 20, 2027, salaries for the Governor and Lieutenant Governor must be based on recommendations by the Agency Head Salary Commission to the General Assembly, and the commission shall authorize a study to be conducted every four years to recommend a salary range for the Governor and Lieutenant Governor based on their job duties and responsibilities as well as the pay of governors and lieutenant governors in other states.

    (D)(E) Salary increases for agency heads, the Governor, and the Lieutenant Governor must be based on recommendations by each agency board or commission to the Agency Head Salary Commission and their recommendations to the General Assembly.

SECTION 3.  Section 8-11-165(A) of the S.C. Code is amended to read:

    (A) It is the intent of the General Assembly that:

       (1) A salary and fringe benefit survey for agency heads must be conducted by the State Fiscal Accountability Authority every four years.  The staff of the authority shall serve as the support staff to the Agency Head Salary Commission.

       (2) Beginning with the Fiscal Year 2022-2023 and every four years thereafterEvery four years, the Agency Head Salary Commission shall commission a study to recommend a salary range for the term of each state constitutional officer listed in Section 1-1-1210, with the exception of the Governor and Lieutenant Governor, based on each state constitutional officer's job duties and responsibilities as well as the pay of other state constitutional officers in other states. The commission shall then determine a salary for the term of each such state constitutional officer within the recommended pay range subject to funding being provided in the annual appropriations act.

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

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