Senator explains new laws

I would like to share with another bill that was passed this session. H.3378, establishes terms and conditions for mandatory state agency furloughs during budget shortfalls.A similar provision to this bill has been a proviso in the Appropriation Act in prior years.

The legislation provides that, in a fiscal year in which the general funds appropriated for a state agency are less than what was appropriated in the prior fiscal year, or in a fiscal year in which an agency that is funded by other funds projects other funds collections to be less than in the prior fiscal year, or whenever the General Assembly or the State Budget and Control Board implements a midyear across-the-board budget reduction, agency heads may institute employee furlough programs of not more than ten working days in the fiscal year in which the deficit is projected to occur.

The furlough must be inclusive of all employees in an agency or within a designated department or program, regardless of source of funds or place of work. It must include all classified and unclassified employees in the designated area.

However, a furlough program may also be implemented based upon pay band for classified employees and based upon pay rate for unclassified employees within the agency or designated department. Employees who provide direct patient or client care and front-line employees who deliver direct customer services may be exempted from a mandatory furlough. If the state agency will incur costs for overtime under the federal Fair Labor Standards Act, law enforcement employees and correctional employees may be exempted from a mandatory furlough.

A mandatory furlough must include the agency head. While constitutional officers are exempt from mandatory furlough.Scheduling of furlough days, or portions of days, will be at the discretion of the agency head, but under no circumstances should the agency close completely.

During a furlough, affected employees will be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. The implementation of a furlough program will be on an agency-by-agency basis.

Agencies 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. The State Budget and Control Board shall promulgate guidelines and policies, as necessary, to implement these provisions of this section.

State agencies must report information regarding furloughs to the Office of Human Resources of the State Budget and Control Board.

Feel free to contact me in Columbia at (803) 212-6008 or by fax at (803) 212-6011. My district office is at 137 Airport Road, Suite J, Mullins, 29574, the phone number is (843) 423-8237 and the fax number is (843) 431-6049. E-mail me at WILLIAMSK@scsenate.org; or call me at (843) 423-3904.