South Carolina General Assembly

115th Session, 2003-2004

H. 3628

STATUS INFORMATION

Joint Resolution

Sponsors: Reps. Wilkins, Townsend, Taylor, Bingham, Rutherford, Lloyd, Kirsh, Rhoad, McLeod, Barfield, Ceips, Clark, Clyburn, CobbHunter, 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 HJ4

2/19/2003 Scrivener's error corrected

2/19/2003 House Debate interrupted HJ23

2/19/2003 House Amended HJ25

2/19/2003 House Requests for debateRep(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, HJ26

2/19/2003 House Requests for debateRep(s).Weeks, Sandifer, Clark, Gourdine, JH Neal, CobbHunter, Hayes, MoodyLawrence, Parks, Taylor, Whipper, R Brown, Duncan and Rhoad HJ26

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 HJ36

2/27/2003 House Committed to Committee on Education and Public Works HJ27

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, CobbHunter, 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.

[3628-1]

A JOINT RESOLUTION

TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAREND 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 20022003, 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 20022003 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 acrosstheboard 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 yearend 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 yearend 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 inservice 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 591420 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 20022003, 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.

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