(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 thereafter, 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.
(B) No employee of agencies reviewed by the Agency Head Salary Commission may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Director of the Division of State Human Resources at the Department of Administration, and except for employees of higher education technical colleges, colleges, and universities.
(C) The Agency Head Salary Commission may recommend to the General Assembly that agency head salaries be adjusted to the minimum of their salary ranges and may recommend to the board that agency head salaries be adjusted when necessary up to the midpoints of their respective salary ranges. These increases must be based on criteria developed and approved by the Agency Head Salary Commission.
(D) All new members appointed to a governing board of an agency where the performance of the agency head is reviewed and ranked by the Agency Head Salary Commission shall attend the training in agency head performance appraisal provided by the commission within the first year of their appointment unless specifically excused by the chairman of the Agency Head Salary Commission.
HISTORY: 1989 Act No. 189, Part II, Section 2, eff June 8, 1989 (became law without the Governor's signature); 1995 Act No. 145, Part II, Section 3, eff June 29, 1995; 2008 Act No. 353, Section 2, Pt 20B.1, eff July 1, 2008; 2021 Act No. 76 (H.3786), Section 3, eff May 17, 2021.
Code Commissioner's Note
Certain references in this section to the former Budget and Control Board have not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), until further action by the General Assembly.
Effect of Amendment
2021 Act No. 76, Section 3, rewrote the section.
Structure South Carolina Code of Laws
Title 8 - Public Officers and Employees
Chapter 11 - State Officers And Employees
Section 8-11-17. Flexible scheduling.
Section 8-11-20. Oath and bonds of certain state employees; blanket departmental bonds.
Section 8-11-30. Payment or receipt of salary which is not due.
Section 8-11-33. Withholding or deducting pay from state employee's wages.
Section 8-11-35. Salary payment schedule; maximum salaries; dual compensation; reports; exception.
Section 8-11-40. Sick leave; leave when employee attacked; leave for sick family member.
Section 8-11-45. Transfer of accumulated leave upon transfer of legislative employees.
Section 8-11-50. Compensatory time for working on legal holidays.
Section 8-11-55. Compensatory time for working overtime.
Section 8-11-60. Removal of officers elected by General Assembly.
Section 8-11-65. Leaves of absence to be organ donor.
Section 8-11-75. Repayment of deferred compensation plan loans.
Section 8-11-80. Deduction for group life, hospital, and other insurance.
Section 8-11-83. Payroll deduction for dues of certain organizations.
Section 8-11-90. Deductions for federal taxes.
Section 8-11-91. Deductions for charitable contributions.
Section 8-11-93. Minimum level of employee participation required.
Section 8-11-95. Two charitable solicitation drives permitted per year.
Section 8-11-97. Promulgation of regulations.
Section 8-11-98. Deductions for payment to credit union.
Section 8-11-99. Payroll deduction for parking fees on state-owned or state-operated property.
Section 8-11-100. Representation on boards and commissions when new judicial circuits created.
Section 8-11-120. Posting notice of job vacancies.
Section 8-11-130. State agencies authorized to provide aid to employees in moving personal effects.
Section 8-11-135. Payment of moving expenses of new employees.
Section 8-11-140. Minimum wage for state employees and public school bus drivers.
Section 8-11-150. Paid parental leave; birth of child; placement of foster child.
Section 8-11-155. Use of sick leave to care for adopted child.
Section 8-11-155. Paid parental leave; adoption.
Section 8-11-160. Agency Head Salary Commission; salary increases for agency heads.
Section 8-11-170. Agency head dually employed by another state agency; timely payment.
Section 8-11-175. Blood drives and donations.
Section 8-11-177. Funeral leave.
Section 8-11-180. Paid leave for certified disaster service volunteers with the American Red Cross.
Section 8-11-186. Reporting interim new full-time employment positions.
Section 8-11-190. Use of public funds to reward state employees.
Section 8-11-192. Mandatory state agency furlough programs; consultation and guidance services.
Section 8-11-193. Employee furloughs.
Section 8-11-194. Employee benefit costs not funded from general fund.
Section 8-11-195. State employee furlough policies.
Section 8-11-196. Hiring of employees to fill temporary grant positions.
Section 8-11-197. Mileage reimbursement rate.
Section 8-11-198. Per diem from more than one source.
Section 8-11-199. American Bar Association dues payment or reimbursement.
Section 8-11-200. Reimbursement of travel expenses to persons interviewing for state employment.
Section 8-11-210. Declaration of purpose.
Section 8-11-220. Definitions.
Section 8-11-240. Board approval of policies and programs.
Section 8-11-250. Creation, membership, and duties of Advisory Council.
Section 8-11-260. Exemptions from application of article.
Section 8-11-270. Exemptions from classification and compensation plan.
Section 8-11-280. Prior actions remain in effect.
Section 8-11-290. Legislators shall receive information annually.
Section 8-11-610. Manner in which annual leave is computed.
Section 8-11-630. Employment of additional employees to replace those on leave and those terminated.
Section 8-11-640. Credit for prior State service; transfer from one agency to another.
Section 8-11-650. Workweek upon which leave is based.
Section 8-11-660. Situation in which leave may not be credited.
Section 8-11-670. Additional leave may be granted in case of emergency or extreme hardship.
Section 8-11-680. Application of article.
Section 8-11-700. Definitions.
Section 8-11-710. Request for leave from pool leave account.
Section 8-11-720. Selection of leave recipients.
Section 8-11-730. Transfer from annual or sick leave account to pool account.
Section 8-11-750. Termination of personal emergency.
Section 8-11-910. Legislative intent.
Section 8-11-920. Definitions.
Section 8-11-940. Performance increases.
Section 8-11-945. Increases applicable to certain health care providers.
Section 8-11-950. Bonus payments.
Section 8-11-960. Increases totalling more than agency maximum; audits.