General Appropriations Bill H. 4600 for the fiscal year beginning July 1, 1996
PAGE 393
1 PART IB
2
3 OPERATION OF STATE GOVERNMENT
4
5 SECTION 1
6
7 1. (Revenues, Deposits Credited to General Fund) For the current fiscal year, except as hereinafter specifically
8 provided, all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all
9 institutional and departmental revenues or collections, including income from taxes, licenses, fees, the sale of commodities
10 and services, and income derived from any other departmental or institutional source of activity, must be remitted to the State
11 Treasurer at least once each week, when practical, and must be credited, unless otherwise directed by law, to the General
12 Fund of the State. Each institution, department or agency, in remitting such income to the State Treasurer, shall attach with
13 each such remittance a report or statement, showing in detail the sources itemized according to standard budget classification
14 from which such income was derived, and shall, at the same time, forward a copy of such report or statement to the
15 Comptroller General and the State Budget and Control Board. In order to facilitate the immediate deposit of collections,
16 refunds of such collections by the State institutions where properly approved by the authorities of same, may be made in
17 accordance with directions from the State Comptroller General and State Treasurer. Revenues derived from the General
18 Retail Sales Tax, the Soft Drinks Tax, and the State's portion of Revenue derived from the Alcoholic Liquors Tax and Cable
19 Television Fees, must be expended to cover appropriations herein made for the support of the public school system of the
20 State only, and any amount of such appropriations in excess of these revenues shall be paid from other General Fund
21 Revenues. Appropriations in this Act for the support of the public school system shall include the following:
22 Department of Education;
23 State Board for Technical and Comprehensive Education;
24 Educational Television Commission;
25 Wil Lou Gray Opportunity School;
26 School for the Deaf and the Blind;
27 John de la Howe School;
28 Debt Service on Capital Improvement Bonds Applicable to Above Agencies;
29 Debt Service on School Bonds.
30 Other School Purposes.
31
32
33 SECTION 1A
34
35 1. (Use of Funds) It is the intent of the General Assembly to appropriate all State funds and to authorize and/or
36 appropriate the use of all Federal and other funds for the operations of State agencies and institutions for the current fiscal
37 year. Transfers of funds may be approved by the Budget and Control Board under its authority or by the agency as set forth
38 herein in Section 72.9. Any agency which requests or transfers personal service funds must indicate on the transfer document
39 whether or not a reduction in force is involved. To the extent practicable, all agencies and institutions having Federal or
40 other funds available for the financing of their operation shall expend such funds in accordance with the intent of this Act.
41 The authorization to spend Federal and other funds shall be decreased to the extent that receipts from these sources do not
PAGE 394
1 meet the estimates as reflected in each Section of this Act; and any increase shall be authorized through the review process
2 as set forth in Act 651 of 1978 as amended.
3
4
5 SECTION 2
6
7 1. (Appropriations From Funds) Subject to the terms and conditions of this act, the sums of money set forth in this
8 Part, if so much is necessary, are appropriated from the general fund of the state, the education improvement act fund, the
9 highways and public transportation fund, and other applicable funds, to meet the ordinary expenses of the state government
10 for Fiscal Year 1995-96, 1996-97, and for other purposes specifically designated.
11
12
13 SECTION 2A
14
15 1. (Fiscal Year Definitions) For purposes of the appropriations made by this Part, "current fiscal year" means the fiscal
16 year beginning July 1, 1995, 1996, and ending June 30, 1996, 1997, and "prior fiscal year" means the fiscal year beginning
17 July 1, 1994, 1995, and ending June 30, 1995. 1996.
18 2. (Descriptive Proviso Titles) Descriptive proviso titles listed in this Act are for purposes of identification only and
19 are not to be considered part of the official text.
20
21
22 A99 - SECTION 3 - LEGISLATIVE DEPARTMENT
23
24 1. (LEG: Legislative Employee Designations) The positions included in this section designated (P) shall denote a
25 permanent employee and the salary is an annual rate. The positions designated (T) shall denote a temporary employee and
26 the salary is for a period of six months to be paid at that rate only while the General Assembly is in session. The positions
27 designated as (Interim) shall denote a temporary employee and the salary is for a period of six months to be paid at that rate
28 while the General Assembly is not in session. The positions designated (PTT) shall denote part-time temporary employees
29 on a twelve months basis. The positions designated (PPT) shall denote permanent part-time employees retained for full-time
30 work on a six months basis or the duration of the legislative session.
31 2. (LEG: House Employee Reimbursement) The Speaker of the House is authorized to reimburse travel and other
32 expenses incurred by employees of the House of Representatives for official business in accord with current rules and
33 regulations.
34 3. (LEG: Approved Accounts Expenditure) The clerks of the two Houses and the Legislative Council are authorized
35 to issue their warrants on Approved Accounts for necessary extra clerical or other services upon approval of the Speaker
36 of the House or Lieutenant Governor, respectively.
37 4. (LEG: Legislative Employee BPI/Merit) Notwithstanding any other provision of law, legislative employees
38 designated (P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified
39 state employees. For purposes of this proviso, "legislative employees" does not include employees of the House of
40 Representatives.
41 5. (LEG: House Employees Salary Adjustments) Necessary temporary or permanent research assistants for the House
42 of Representatives shall be paid from Approved Accounts of the House upon approval of the Speaker with the advice and
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 395
1 consent of the Chairman of the standing committees. The Speaker may adjust salary levels of employees of the House, to
2 be paid for from funds carried forward from the Research Assistant Accounts.
3 6. (LEG: Interim Expenses Allowance) The Chairman of the Standing House and Senate Committees shall each be
4 allowed the sum of four hundred dollars for expenses during the interim, between sessions of the General Assembly, to be
5 paid from the House or Senate approved accounts, with each body paying the expense allowance of the chairman in its
6 membership.
7 7. (LEG: Subsistence/Travel Regulations) Notwithstanding any other provision of law:
8 a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation
9 of the Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in
10 any other instance in which a member is allowed subsistence expense. No member of the General Assembly except those
11 present are eligible for subsistence on that day. Legislative day is defined as those days commencing on the regular annual
12 convening day of the General Assembly and continuing through the day of adjournment sine die, excluding Friday, Saturday,
13 Sunday and Monday.
14 b. Standing Committees of the Senate and House of Representatives are authorized to continue work during the interim.
15 When certified by the Chairman, the members serving on such Committees shall receive a subsistence as provided in item
16 "a." above, mileage at the rate provided for by law, and the regular per diem established in this Act for members of boards,
17 commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses incurred
18 for lodging and meals in lieu of the allowable subsistence expense. The funds for allowances specified in this proviso shall
19 be paid to the members of the Senate or House of Representatives from the Approved Accounts of the respective body except
20 as otherwise may be provided.
21 c. Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to continue
22 work during the interim to secure such information and complete such investigations as may be assigned to the respective
23 Committees. When certified by the Chairman, the members appointed to such Committees shall receive a subsistence as
24 provided in item "a." above, mileage at the rate provided for by law and the regular per diem established in this Act for
25 members of boards, commissions, and committees while attending scheduled meetings. Members may elect to receive actual
26 expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The allowances specified in this
27 proviso shall be paid from funds appropriated to the respective Committees for such purposes, or from Approved Accounts
28 of the respective body of the General Assembly if no funds have been appropriated to such a Committee for these purposes.
29 d. Members of the Senate and the House of Representatives when traveling on official State business shall be allowed
30 a subsistence as provided in item "a." above, transportation expenses as provided for by law and the regular per diem
31 established in this Act for members of boards, commissions, and committees upon approval of the appropriate Chairman.
32 When traveling on official business of the Senate or the House of Representatives not directly associated with a Committee
33 of the General Assembly, members shall be paid the same allowance upon approval of the President Pro Tempore of the
34 Senate or the Speaker of the House of Representatives. In either instance, the members may elect to receive actual expenses
35 incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for the allowances specified in this
36 proviso shall be paid from the Approved Accounts of the Senate or the House of Representatives or from the appropriate
37 account of the agency, board, commission, task force or committee upon which the member serves.
38 8. (LEG: Expense/Compensation Vouchers) All vouchers for the payment of the expenses and/or compensation of
39 committees of the General Assembly shall be prepared by the Clerks of the two Houses.
40 9. (LEG: Senate Voucher Approval) All payroll vouchers disbursement vouchers, and interdepartmental transfers of
41 the Senate shall only require the approval of the Clerk of the Senate.
42 10. (LEG: Supplies Approval) Notwithstanding any other provision of law, all supplies for the Senate shall be purchased
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 396
1 only upon the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be purchased only
2 upon the authority of the Clerk of the House.
3 11. (LEG: Telephone Service) The Clerks of the Senate and the House, with the approval of the Senate Operations and
4 Management Committee and the Speaker of the House, respectively, shall cause to be installed such telephone service as may
5 be appropriate for use of the membership and presiding officer of each legislative body.
6 12. (LEG: Research Directors Appointment) The Speaker of the House shall appoint the Executive Director of Research.
7 The Speaker, with the advice and consent of the individual committee chairman, shall appoint the Director of Research for
8 each standing committee.
9 13. (LEG: House Pages) One hundred forty-four Pages shall be appointed by the Speaker of the House of
10 Representatives and they shall be available for any necessary service to the House of Representatives.
11 14. (LEG: Sergeant-At-Arms & Director of Security Duties) The duties of the Sergeant-at-Arms and Director of Security
12 of the respective Houses and/or Assistant Sergeant-at-Arms shall be those provided by the Code, the Rules of the respective
13 Houses, those designated by the President Pro Tempore of the Senate or the Speaker of the House, the security of personnel
14 and property of the respective Houses, and in addition the Sergeant-at-Arms and Director of Security of the respective Houses
15 and/or Assistant Sergeant-at-Arms shall meet and escort visitors in and about their respective bodies and shall, during the
16 hours of duty, be dressed in a distinctive manner so as to be easily identified as Sergeant-at-Arms and Director of Security
17 of the respective Houses.
18 15. (LEG: Leg. Council Employment/Salary Adjustments) The Legislative Council is authorized to employ additional
19 stenographic or other help between sessions as the Council may deem necessary, at such salary or salaries as the Council
20 may set, to be paid from Approved Accounts. Notwithstanding any limitation or other provision of law to the contrary, the
21 Legislative Council may adjust salaries for Legislative Council personnel. Any adjustments made must be paid from funds
22 appropriated for the Council or from the funds appropriated to the Council under Section 3C for this purpose, or both.
23 16. (LEG: Leg. Information Systems Management) The Legislative Information Systems shall be under the direction
24 and management of a council composed of the President of the Senate, Speaker of the House, Chairman of Senate Finance
25 Committee, Chairman of House Ways and Means Committee, Chairman of the Senate Judiciary Committee and Chairman
26 of the House Judiciary Committee.
27 17. (LEG: Legislative Printing Management) The Office of Legislative Printing and Information Technology Resources
28 shall operate under the supervision and administrative direction of the Clerks of the respective Houses.
29 18. (LEG: State House Renovation) Any improvements and additions to the State House must be recommended or
30 approved by the State House Committee of the General Assembly, and that bidding, executing, and carrying out of contracts
31 shall be in accord with standing regulations and procedures for any other work of the same type applicable to agencies and
32 institutions of State government.
33 19. (LEG: Senate Research Personnel Compensation) Notwithstanding any other provision of law, Senate Research
34 personnel other than Directors of Research and the committee research staff shall be paid from funds appropriated for Senate
35 Research at the direction of the Clerk of the Senate.
36 20. (LEG: Legislative Council Availability) Personnel employed under the provisions of Subsection 3C of this section
37 for Legislative Research shall be available upon request of the Committee Chairman to work with the standing or interim
38 committees of the Senate and the House of Representatives.
39 21. (LEG: Contract for Services) The Standing Committees of the Senate may, upon approval of the President Pro
40 Tempore, contract with state agencies and other entities for such projects, programs, and services as may be necessary to
41 the work of the respective committees. Any such projects, programs or services shall be paid from funds appropriated for
42 contractual services.
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 397
1 22. (LEG: Jt. Leg. Committee Operational Authorization) Only the Joint Legislative Committees for which funding is
2 provided herein are authorized to continue operating during the current fiscal year under the same laws, resolutions, rules
3 or regulations which provided for their operations during the prior fiscal year.
4 23. (LEG: Legislative Carry Forward) In addition to the funds appropriated in this section, the funds appropriated under
5 Sections 3A, 3B, 3C, 3D, and 3G for the prior fiscal year which are not expended during that fiscal year may be carried
6 forward to be expended for the same purposes in the current fiscal year.
7 24. (LEG: Senate Expenditures/O&M Committee) Notwithstanding any limitation or other provisions of law to the
8 contrary, funds expended by the Senate for salary adjustments, professional fees and dues and necessary expenses, supplies,
9 and equipment for Senate employees, must be paid from funds appropriated to the Senate Operations and Management
10 Committee and funds available in approved accounts of the Senate, and shall be authorized and allocated in such manner as
11 determined by the Senate Operations and Management Committee.
12 25. (LEG: Nurses) The State shall provide to the nurses under Subsection 3A of this section the same leave time and
13 basic health and accident insurance coverage as is provided other state employees pursuant to law. All of the amount
14 provided in 3A for nurses shall be utilized for the specified purpose.
15 26. (LEG: Dues) The funds provided herein for the Council of State Governments and the National Conference of State
16 Legislatures are appropriated to be paid as dues to the respective organizations and these funds shall not be transferred to
17 any other program.
18 27. (LEG: Copy of Act to Counties) Notwithstanding any other provision of law, the Clerk of the House is required
19 to send only one copy of each Act to the Clerk of the Court of the various counties.
20 28. (LEG: In-District Compensation) All members of the General Assembly shall receive an in district compensation
21 of $300 per month for the months of July, 1994 through December, 1994. All members of the General Assembly shall
22 receive an in district compensation of $1,000 per month effective January 1, 1995.
23 29. (LEG: Additional House Support Personnel) An amount of $150,000 is appropriated for the purpose of providing
24 additional support personnel to assist House members who are not already being furnished with direct legislative assistance
25 in the conduct of their Legislative responsibilities. This amount shall be used for staffing requirements where necessary for
26 part time personnel. The additional personnel shall be used only when the House is in regular, extended, or special session.
27 At a member's request, the House Operations and Management Committee may use any unexpended portion of a member's
28 allotment to purchase equipment for a member's office.
29 30. (LEG: Per Diem) No per diem may be paid to any person from more than one source for any one calendar day.
30 31. (LEG: House Postage) The Speaker of the House is authorized to approve no more than $600 per member per fiscal
31 year for postage.
32 32. (LEG: Legislative Dual Employment) Each committee and joint legislative committee provide a list to the members
33 of the General Assembly of all employees who hold dual positions of state employment.
34 33. (LEG: Legislative Council Proofreaders) The Director of the Legislative Council is authorized to have the staff
35 proofreaders work one month before and one month after the session.
36 34. (LEG: Study Committee - Education) A joint study committee, consisting of three members of the House Ways
37 and Means Committee appointed by the Chairman of the House Ways and Means Committee, one member of the House
38 Education and Public Works Committee appointed by the Chairman of the House Education and Public Works Committee,
39 three members of the Senate Finance Committee appointed by the Chairman of the Senate Finance Committee, one member
40 of the Senate Education Committee appointed by the Chairman of the Senate Education Committee, and three members
41 appointed by the Governor, shall study formula funding in education programs. The Chairman of the Senate Finance
42 Committee shall convene the initial meeting of the study committee. The formulas to be studied include those utilized in
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 398
1 Education Finance Act programs, the determination of the Southeastern average teacher pay, and the funding of institutions
2 of postsecondary education. The State Board of Education, the State Board for Technical and Comprehensive Education,
3 the Commission on Higher Education and any institution of postsecondary education or school district must provide the
4 committee such information as the committee requests. The first priority for committee study is the Education Finance Act
5 including, but not limited to, the base student cost, the index of taxpaying ability including specifically the impact of the
6 emergence of totally self-reliant school districts upon the formula and the annual inflation factor. The expenses of the
7 legislative members of the study committee shall be paid from the approved accounts of their respective bodies. The
8 expenses of the gubernatorial appointees shall be absorbed within the Governor's office.
9 35. (LEG: House Staff Reclassification/Compensation) The appropriation for Staff Reclassification Compensation
10 provided for in Section 3B is for use by the Speaker for reclassification and salary adjustment of any employee of the House
11 of Representatives after consultation with the Operations and Management Committee and the chairmen of the other Standing
12 Committees of the House.
13 36. (LEG: House/Senate Staff Outside Employment) Full-time employees of the House of Representatives and the Senate
14 are prohibited from outside employment during normal working hours, except with the permission of an employee's
15 department head, and annual leave must be taken for any approved outside employment.
16 37. (LEG: Guardian Ad Litem Pgm. Technology Equipment) Notwithstanding any other provision of law, or agency
17 regulation, requirement or policy to the contrary, the Guardian Ad Litem Program is authorized to procure necessary
18 technology equipment under the provisions and procedures set forth in Chapter 35 of Title 11 of the 1976 Code as amended.
19 38. (LEG: Dialup Facility) Upon review and approval by the Council as provided in 3.16., Legislative Information
20 Systems is authorized to charge fees for the use of its Dialup Facility and to retain, use and carry forward these funds to be
21 used only for equipment and maintenance for this Facility.
22 39. (LEG: Leg. Council Combined Position) The Director of the Legislative Council, with the approval of the Council,
23 is authorized to combine two or more stenographic, clerical, technical assistant, or administrative assistant positions into one
24 with a job description for the combined position to be approved by the Council, with a compensation level also approved
25 by the Council. The appropriations or any portion thereof for the positions combined into one may be used to fund the
26 combined position.
27 40. (LEG: Selected Agencies Base Budget Study) By August 1, the Chairman of the Senate Finance Committee and the
28 Chairman of the House Ways and Means Committee, in consultation with their respective committee members, shall jointly
29 undertake a study and review of the base budgets of selected state agencies with similar functions. The review must include,
30 as a minimum, an analysis to determine whether each agency is 1) complying with its statutory role, 2) providing mandated
31 services efficiently and effectively, 3) administratively organized to attain maximum efficiency, and 4) unnecessarily
32 duplicating services or administration of any agency. The Chairmen must develop a plan for accomplishing this review and
33 shall refer portions of the plan and related analysis to appropriate legislative and executive branch oversight agencies. Such
34 agencies must provide the analysis needed from existing resources and provide a report in the timeframe specified.
35 All state agencies selected for review must cooperate fully in the conduct of these base budget reviews. Notwithstanding
36 any other provision of law, agencies providing analysis must set their priorities to accomplish the base budget review as set
37 forth herein.
38 41. (LEG: Reorganization Comm. Publications Carry Forward) The State Reorganization Commission shall provide
39 a copy of all publications to each member of the General Assembly, the Governor, and the Lieutenant Governor. The
40 Commission may also provide a copy of publications to state agency directors. The Commission may charge, for additional
41 copies, and other requests for publications, an amount to cover the cost of printing and expenses of postage and shipping
42 of publications. Revenue generated may be retained and expended by the Commission to reimburse it for the printing of
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1 its publications and to pay the expenses of postage and shipping. Any remaining balance in the sale of publications account
2 may be carried forward and expended for the same purpose.
3 42. (LEG: Sales Tax on Copies of Legislation) No sales tax is required to be charged or paid on copies of or access
4 to legislation or other informational documents provided to the general public or any other person by a legislative agency
5 when a charge for these copies is made reflecting the agency's cost thereof. Funds received as revenue from the sale of
6 materials or as reimbursements for the cost of providing certain supplies or services or refunds must be remitted to the State
7 Treasurer as collected, but in no event later than twelve (12) working days from the date of the receipt of any such funds.
8 Additionally, no sales or use tax is required to be paid by a legislative agency on Codes of Laws, Acts and Joint Resolutions,
9 replacement volumes or supplements thereto received from the contract print publisher of the code or other sources which
10 are then distributed to public sector recipients as required by law.
11 43. (LEG: House Postage/Telephone Allocation) Any member of the House who has not used all of his annual allocation
12 for postage or all of his annual allocation for telephone expenses may use the remaining funds in one category in the other
13 category during that year.
14 44. (LEG: Jt. O&M Committee/Jt. Legislative Committees) It shall be the responsibility of the Joint Operations and
15 Management Committee to allocate funds to the Joint Legislative Committees.
16 45. (LEG: (Legislative Oversight of Medicaid Waiver) There is created the Legislative Medicaid Waiver Task Force
17 consisting of the following voting members: the Governor or his designee, up to three members of the Senate Finance
18 appointed by the Chairman of Senate Finance, up to three members of Ways and Means appointed by the Chairman of Ways
19 and Means and up to three members appointed by the Chairman of the Joint Committee on Health Care Planning and
20 Oversight. This Task Force shall (1) oversee planning and implementation of the medicaid waiver which was applied for
21 on March 3, 1994; and (2) review the budgets of all state agencies which might be affected by the conversion to managed
22 care and the expansion of medicaid coverage to potentially over 200,000 additional South Carolinians. In addition to the
23 Governor and the legislative members, the Chairmen of Senate Finance, Ways and Means and Health Care Planning and
24 Oversight may jointly appoint up to six representatives of public and private interests, one of whom must be a consumer,
25 who are significantly affected by the waiver. Such representatives will serve as non-voting members of the Task Force.
26 The legislative members of the Task Force shall elect one member to serve as chairman and one member to serve as vice
27 chairman. The Task Force shall periodically report to all members of the General Assembly concerning the progress of the
28 waiver. The Speaker of the House, President Pro Tempore of the Senate and Chairman of the Health Care Planning and
29 Oversight Committee shall jointly designate staff from the House and Senate to provide necessary administrative, legal and
30 research services for the Task Force, and to the extent practical, use the personnel of appropriate state agencies and
31 commissions with such administrative and legal resources.
32 46. (LEG: House Personnel BPI/Merit/Bonus Compensation) Notwithstanding any limitation or other provisions of law
33 to the contrary, the Speaker shall authorize and allocate any base pay increase, merit pay or bonus among House staff in the
34 manner that the Speaker determines after consultation with the Operations and Management Committee and the Chairmen
35 of the standing committees of the House.
36 47. (LEG: General Assembly Exemption) Notwithstanding any other provision of law or regulation, or any limitation
37 or provision contained in this act, each branch of the General Assembly is exempt from any provision which requires the
38 approval of the Budget and Control Board or any other executive branch agency for the expenditure, management or transfer
39 of any authorized appropriations.
40 48. (LEG: State House Renovation Schedule) The State House Committee is authorized, beginning in July 1994 to
41 establish schedules for the completion of the State House Renovation project by January 1, 1997. General Services must
42 submit to the State House Committee, schedules that will accomplish these time frames. The General Assembly will relocate
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 400
1 to the Carolina Plaza for the 1996 and 1997 sessions. Work should begin at such time so as to ensure the readiness of the
2 Carolina Plaza for the 1996 and 1997 sessions of the General Assembly. Upon the approval of these schedules by that
3 Committee all current tenants of the State House will be relocated to other space within the Capital Complex area.
4 Reassignment of space by the State House Committee must be completed prior to the completion of the State House
5 Renovation project.
6 49. (LEG: House Ethics Committee) The House of Representatives Legislative Ethics Committee shall deposit revenues
7 from penalties assessed by the committee and copying of documents into the General Fund.
8
9
10 B04 - SECTION 4A - JUDICIAL DEPARTMENT
11
12 1. (JUD: Prohibit County Salary Supplements) County salary supplements of Judicial Department personnel shall be
13 prohibited.
14 2. (JUD: County Offices For Judges) Every county shall provide for each circuit and family judge residing therein
15 an office with all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges
16 of the Court of Appeals upon their request.
17 3. (JUD: Commitments to Treatment Facilities) The appropriation for continued implementation of Article 7, Chapter
18 17, of Title 44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code,
19 relating to commitments, admissions and discharges to mental health facilities, or treatment facility for the purpose of alcohol
20 and drug abuse treatment, shall be expended for the compensation of court appointed private examiners, guardians ad litem,
21 and attorneys for proposed patients, and related costs arising from the filing, service and copying of legal papers and the
22 transcription of hearings or testimony. Court appointed private examiners, guardians ad litem and attorneys shall be paid
23 at such rates or schedules as are jointly determined to be reasonable by the South Carolina Association of Probate Judges,
24 the State Court Administrator and the South Carolina Department of Mental Health with the approval of the Attorney
25 General.
26 4. (JUD: Judicial Commitment) Except as otherwise provided in Section 72.1., no money appropriated pursuant to
27 Item VI, Judicial Commitment shall be used to compensate any state employees appointed by the court as examiners,
28 guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing such services by
29 their employees.
30 5. (JUD: Judicial Expense Allowance) Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and
31 Circuit Court Judge shall receive two hundred fifty dollars per month as expense allowance.
32 6. (JUD: Special Judge Compensation) In the payment of funds from "Contractual Services," and "Administrative
33 Fund," that no Special Judge shall be paid for more than a two week term within a fiscal year except that this restriction will
34 not apply in case of an ongoing trial.
35 7. (JUD: Advance Sheet Revenues Deposit) The Judicial Department must deposit in the General Fund of the State
36 during the current fiscal year, all advance sheet revenues, including any carried forward balance from prior years.
37 8. (JUD: BPI/Merit) Judicial employees shall receive base and average merit pay in the same percentages as such pay
38 are granted to classified state employees.
39 9. (JUD: Supreme Court Bar Admissions Carry Forward) Any funds collected or carried forward from Supreme Court
40 Bar Admissions in excess of the amount required to be remitted to the General Fund may be carried forward and expended
41 in the current fiscal year for the benefit of the Bar Admissions unit.
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1 10. (JUD: Travel Reimbursement) State employees of the Judicial Department traveling on official state business must
2 be reimbursed in accordance with Section 72.32(J) of this Act.
3
4
5 C05 - SECTION 5 - ADMINISTRATIVE LAW JUDGE DIVISION
6
7 1. (ALJ: Copying Costs Revenue Deposit) The Administrative Law Judge Division shall retain and expend, for the
8 same purpose for which it is generated, all revenue received during the current fiscal year as payment for printing and
9 distributing copies of court rules and other agency documents.
10 2. (ALJ: Revenue Carry Forward) The Administrative Law Judge Division may carry forward unexpended funds
11 received pursuant to Act 423 of 1994 in order to continue establishing its offices and furnishings.
12
13
14 D21 - SECTION 6DD - THE GOVERNOR
15
16 1. (GOV: OEPP - Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in
17 Subsection 6C of this Section "Implementing Federal Programs" and "To Match F.E.M.A. Flood Disaster Funds" may be
18 carried forward to the current fiscal year and used for matching committed and/or unanticipated Grant Funds.
19 2. (GOV: OEPP - Mining Council Carry Forward) Any unexpended balance on June 30, of the prior fiscal year of
20 funds, not to exceed $2,000, appropriated under Section 6C I Special Items: Mining Council may be carried forward and
21 expended for this same purpose in the current fiscal year.
22 3. (GOV: OEPP - Developmental Disabilities Program) The South Carolina Developmental Disabilities Program of
23 the Office of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for projects
24 and services to benefit persons with developmental disabilities. The intent of this provision is not to duplicate other State
25 Agency programs which are considered the legal and programmatic mandate of existing State agencies, but rather to fill gaps
26 that exist in the state service delivery system related to his target population as identified and addressed in the Developmental
27 Disabilities State Plan.
28 4. (GOV: OEPP - Development Disabilities Case Coordination System) $112,559, less any pro rata share adjustment
29 of any mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State Agencies must
30 be for the South Carolina Development Disabilities Case Coordination System.
31 5. (GOV: OEPP - CCRS Evaluations & Placements) The amount appropriated in this Section under Special Items
32 Children's Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses
33 incurred in the evaluation of children referred to the CCRS to facilitate appropriate placement and to pay up to forty percent
34 when placement is made in-state and up to thirty percent when placement must be made out-of-state of the excess cost of
35 private placement over and above one per pupil share of state and local funds generated by the Education Finance Act, and
36 the one per pupil share of applicable federal funds; provided it has been established that all other possible public placements
37 are exhausted or inappropriate. The balance of funding responsibility necessary to provide the child with services must be
38 determined by the Children's Case Resolution System (CCRS) and apportioned among the appropriate public agencies on
39 the basis of the reasons for the private placement. When the amount appropriated in this section is exhausted, the funding
40 responsibility must be apportioned according to the procedures of the CCRS.
41 6. (GOV: SLED - Special Account Carry Forward) Funds awarded to the State Law Enforcement Division by either
42 court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and shall be
SECTION 6DD - THE GOVERNOR PAGE 402
1 carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the
2 said order, donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State Law
3 Enforcement Division. Funds expended from the special account must be reviewed by the Joint Appropriations Review
4 Committee.
5 7. (GOV: SLED - Computer/Communications Center Carry Forward) Revenue generated from the operation of the
6 Division's criminal justice computer/communications center and not expended during the prior fiscal year may be carried
7 forward and expended for the same purpose during the current fiscal year.
8 8. (GOV: SLED - Criminal Record Search Fee) The State Law Enforcement Division is hereby authorized to charge,
9 collect and carry forward a fee, not to exceed $25 each, for criminal record searches conducted pursuant to Regulations
10 contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations. Any such fees shall be retained and used
11 for agency operations.
12 9. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue generated by
13 SLED from the sale of vehicles, various equipment, gasoline and insurance claims during the prior fiscal year may be
14 retained carried forward and expended for the purpose of purchasing like items.
15 10. (GOV: OEPP - Program Budget) The Governor's Office shall submit to the Ways and Means Committee and Senate
16 Finance Committee by January 1 of each year, a Program Budget for Section 6C enumerating the planned use of Federal,
17 State and Other Funds.
18 11. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal year,
19 in subsection 6B of the Section "Agents Operations" may be carried forward and expended for the same purpose in the
20 current fiscal year.
21 12. (GOV: OEPP - CCRS Significant Fiscal Impact) In accordance with Section 20-7-5240 (e) of the 1976 Code,
22 "significant fiscal impact" in the current fiscal year shall be defined for each designated agency as the greater of (1) funds
23 appropriated by the General Assembly for the current fiscal year on cases referred to, decided or placed through the
24 Children's Case Resolution System or (2) that agency's assigned shares in the current fiscal year of five cases decided by
25 the Children's Case Resolution System.
26 13. (GOV: SLED - Match for Federal Grants Carry Forward) State appropriations to SLED that are required to provide
27 match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended
28 for the same purpose as originally appropriated.
29 14. (GOV: SLED - Night Telephone Operators Accommodations) The State Law Enforcement Division is hereby
30 authorized to provide accommodations/utility service without any charge to night telephone operators.
31 15. (GOV: SLED Clothing Allowance) The State Law Enforcement Division is hereby authorized to provide agents and
32 criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $400 per agent/criminalist for required
33 clothing used in the line of duty.
34 16. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a witness fee of
35 $100.00 per hour up to $400.00 per day for each criminalist testifying in civil matters which do not involve the State as a
36 part in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement
37 for judicial appearances and deposited into a designated revenue account.
38 17. (GOV: Governor's Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy and
39 Programs section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single budget
40 section for the purpose of transfers and budget reconciliation.
41 18. (GOV: SLED - RAID Team) Membership of the Retaliation Against Illegal Drugs (RAID) Team and all expenses
42 thereto shall be comprised only of law enforcement agents of the State Law Enforcement Division.
SECTION 6DD - THE GOVERNOR PAGE 403
1 19. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of the 1988-89
2 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines developed
3 by it, making such revisions as appear appropriate, assisting and advising the director in development and revision of forms,
4 information and criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor's offices.
5 The information gathered from these programs shall be aggregated by the director into the annual report of the agency
6 which is submitted to the Governor, Speaker of the House of Representatives and the President of the Senate.
7 20. (GOV: Victim Assistance Programs) It is the intent of the General Assembly that the amounts appropriated in this
8 section for victim assistance programs in solicitors' offices shall be in addition to any amounts presently being provided by
9 the county for these services and may not be used to supplant funding already allocated for such services. Any reduction
10 by any county in funding for victim assistance programs in solicitors' offices shall result in a corresponding decrease of state
11 funds provided to the solicitors' office in that county for victim assistance services. Each solicitor's office shall submit an
12 annual financial and programmatic report which describes the use of these funds. The report shall be submitted to the
13 Governor, the Attorney General, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate
14 Finance Committee on October 1, for the preceding fiscal year.
15 21. (GOV: Establish Victim/Witness Program) Of the The funds appropriated in this section for Victim/Witness
16 Program, $350,000 must be equally divided among the judicial circuits, less any adjustments made for budget reductions.
17 The funds for each circuit must be distributed to the solicitor's office of that circuit and only used by the solicitor for the
18 purpose of establishing a Victim/Witness Program in the circuit which shall provide, but not be limited to, the following
19 services:
20 (1) Make available to victims/witnesses information concerning their cases from filing in general sessions court through
21 disposition.
22 (2) Keep the victim/witness informed of his rights and support his right to protection from intimidation.
23 (3) Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling,
24 and victims' compensation services.
25 (4) Assist in the preparation of victims/witnesses for court.
26 (5) Provide assistance and support to the families or survivors of victims where appropriate.
27 (6) Provide any other necessary support services to victims/witnesses such as contact with employers or creditors.
28 (7) Promote public awareness of the program and services available for crime victims.
29 The funds may not be used for other victim-related services until the above functions are provided in an adequate manner.
30 22. (GOV: Victim/Witness Program Formula Distribution) If funds in the South Carolina Victims' Compensation Fund
31 exceed the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first
32 $650,000 of such excess must be used for Victim/Witness Programs by distribution to Judicial Circuits based on a formula
33 and criteria developed by the Policy Committee, and otherwise subject to requirements of Section 6DD.20 and 6DD.22.
34 23. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims' Rights, up to $60,000
35 may be expended for physical abuse examinations.
36 24. (GOV: SLED-ABC Enforcement-Confiscated Alcoholic Beverage Revenue) The State Law Enforcement Division
37 is directed to maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages.
38 Such revenue shall be deposited to the credit of the General Fund of the State after deducting the cost of confiscation and
39 sale.
40 25. (GOV: Veterans' Affairs-Aid to Counties) In the allocation of the appropriation in this section as adjusted for "Aid
41 to Counties--Operation of County Office," each county shall receive an effective annual amount equal to 100% of the amount
42 allocated to it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any
SECTION 6DD - THE GOVERNOR PAGE 404
1 adjustments made for budget reductions.
2 26. (GOV: Continuum of Care - Carry Forward) The Division of Continuum of Care may carry forward funds
3 appropriated herein to continue services.
4 27. (GOV: Division of Women - Donations & Contributions) The Division of Women is authorized to accept donations
5 and contributions to provide services as authorized by state law. Such funds are to be deposited in a special account with
6 the State Treasurer and shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill
7 the purposes and conditions of the said donations or contributions, if specified, and if not specified, as may be approved by
8 the Division of Women. State appropriations will not supplement those services funded by donations or contributions.
9 28. (GOV: Division of Women - Revenue Carry Forward) The Division of Women may retain funds received from
10 luncheon fees and souvenir sales for general operating expenses. Any unexpended revenue from these sources may be carried
11 forward into the current fiscal year to be expended for the same purposes.
12 29. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated for the
13 Division of Foster Care contain both funds appropriated for use by the Division Review System and "pass through" funds
14 designated for use by the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated
15 for either shall be calculated based upon the separate funds for the respective entities rather than based upon the combined
16 budget of the two organizations.
17 30. (GOV: Foster Care - Private Foster Care Reviews) The Division of Foster Care is authorized to restructure its
18 programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or changing
19 the location of reviews of children in public foster care, to maintain continuous operations within existing resources as
20 dictated by recent budget reductions. These decisions must be based upon the availability of existing funds. This provision
21 supersedes any previous statutory or regulatory mandate.
22 31. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that placements
23 of emotionally disturbed medicaid eligible individuals under the age of twenty-one in residential therapeutic treatment are
24 appropriate and that the level of care provided each child is offered in the least restrictive environment appropriate to meet
25 the child's treatment needs. The statutory powers and functions of the Division of Foster Care are expanded to develop,
26 implement, and manage a quality assurance review system under contract with the Department of Health and Human
27 Services. This paragraph supersedes any previous statutory or regulatory mandate.
28 32. (GOV: Div. on Aging - State Match Funding Formula) Of the state funds appropriated under "Distribution to
29 Subdivisions", the first allocation by the Division on Aging shall be for the provision of required State matching funds
30 according to the Division's formula for distributing Older Americans Act funds, based on the official United States census
31 data for 1990. The balance of this item, but not to exceed five hundred thousand dollars ($500,000) shall be distributed
32 equally among to the ten regional planning districts planning and service areas of the State. In the event State appropriations
33 are reduced, reductions to the ten regional planning districts planning and service areas shall be based on amounts distributed
34 in accordance with the previous requirements.
35 33. (GOV: Div. on Aging - State Matching Funds Carry Forward) Any unexpended balance on June 30 of the prior
36 fiscal year, of the required State matching funds allocation, of the amount appropriated in this section under Distribution to
37 Subdivisions, shall be carried forward in the current fiscal year to be used as required state matching funds for Federal funds
38 awarded to subdivisions on or before September 30 of the current fiscal year.
39 34. (GOV: Div. on Aging - Recycle Program) The Division on Aging is hereby authorized to collect, expend, and carry
40 forward not more than $1,000 in revenues from the sale of items to be recycled.
41 35. (GOV: Div. on Aging - Registration Fees) The Division on Aging is authorized to receive and expend registration
42 fees for educational, training, and certification programs.
SECTION 6DD - THE GOVERNOR PAGE 405
1 36. (GOV: OEPP - Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the
2 Governor's Office is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenses incurred in
3 the prior fiscal year.
4
5
6 E08 - SECTION 8 - SECRETARY OF STATE'S OFFICE
7
8 1. (SS: Records Fee/Computer & Telephone Equipment) The Secretary of State may establish and collect fees not to
9 exceed the actual cost of searching for or making copies of records. Such records shall be furnished at the lowest possible
10 cost to the person requesting the records. The Agency may retain these funds for the purposes of purchasing and maintaining
11 computer and telephone facsimile equipment. The Agency may charge a reasonable hourly rate for making records available
12 to the public and require a reasonable deposit of such costs prior to searching for or making copies of the records.
13 2. (SS: Eliminate Communications Director) Of the state funds appropriated under "Classified Positions," the position
14 of Director of Communications is eliminated and the funds appropriated for that position must be used to fund auditors within
15 the Agency.
16
17
18 E12 - SECTION 9 - COMPTROLLER GENERAL'S OFFICE
19
20 1. (CG: Signature Authorization) The Comptroller General is hereby authorized to designate certain employees to sign,
21 in his stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such signatures
22 when notified by the Comptroller General. This provision shall in no way relieve the Comptroller General of responsibility.
23 2. (CG: GAAP Implementation & Refinement) It is the intent of the General Assembly to oversee the conversion of
24 the financial statements issued for the State of South Carolina and these financial statements shall be in conformance with
25 Generally Accepted Accounting Principles (GAAP) by the earliest possible date. To this end, the Comptroller General is
26 directed, as the State Accounting Officer, to proceed with the implementation and refinement of the Statewide Accounting
27 and Reporting System (STARS) so as to develop a reporting system that will result in the preparation of the official financial
28 reports for the State of South Carolina by the State Accounting Officer in conformance with Generally Accepted Accounting
29 Principles (GAAP). The Comptroller General, as the State Accounting Officer, is given full power and authority to issue
30 accounting policy directives to State agencies in order to comply with Generally Accepted Accounting Principles. The
31 Comptroller General is also given full authority to conduct surveys, acquire consulting services, and implement new
32 procedures required to fully implement Generally Accepted Accounting Principles under the oversight of the General
33 Assembly.
34 3. (CG: Out-of-State Promotional Activities Expenses) The Comptroller General may approve warrants for the payment
35 of expenses for out-of-state promotional activities only when, in his opinion, such expenses are related to economic
36 development in South Carolina.
37 4. (CG: Payroll Deduction Processing Fee) There shall be a fee for processing payroll deductions, not to exceed 5
38 cents, for insurance plans, credit unions, deferred compensation plans and professional associations per deduction per pay
39 day. Proceeds shall be remitted to the General Fund of the State. This fee shall not be applied to charitable deductions.
40 5. (CG: Lump Sum Agencies GAAP Implementation) The Comptroller General's Office, in conjunction with lump
41 sum agencies, is hereby directed to implement appropriate accounting procedures to consolidate accounts where necessary
42 for proper accounting and thereby facilitate financial reporting in accordance with Generally Accepted Accounting Principles.
SECTION 9 - COMPTROLLER GENERAL'S OFFICE PAGE 406
1 6. (CG: EDI/EFT Pilot Project) The Comptroller General shall establish and coordinate a pilot project to provide the
2 capability for agencies to process vendor invoices and vendor payments through Electronic Data Interchange (EDI) or
3 Electronic Funds Transfer (EFT).
4
5
6 E16 - SECTION 10 - STATE TREASURER'S OFFICE
7
8 1. (TREAS: Nat'l. Forest Fund - Local Gov't. Compliance) In order to conform to federal requirements local
9 governments receiving distributions of National Forest Fund revenues are required to report annually to the State Treasurer
10 indicating compliance with authorized purposes.
11 2. (TREAS: STARS Approval) Decisions relating to the Statewide Accounting and Reporting System (STARS) which
12 involve the State Treasurer's Banking Operations and other functions of the State Treasurer's Office shall require the approval
13 of the State Treasurer.
14 3. (TREAS: Investments) The State Treasurer may pool funds from accounts for investment purposes and may invest
15 all monies in the same types of investments as set forth in Sections 11-9-660 and 11-9-661.
16 4. (TREAS: General Reserve Fund Transfer) The State Treasurer's Office is authorized to transfer $10,556,980
17 $6,271,409 of General Funds to the General Reserve Fund on July 1, 1995 1996 to comply with Article III, Section 36 of
18 the Constitution. This amount of General Funds must be replaced as the first priority of any FY 1994-95 1995-96 surplus.
19 5. (TREAS: Management Fee) The State Treasurer is authorized to charge a fee for the operating and management
20 costs associated with the Local Government Investment Pool and the Deferred Compensation Program and is further
21 authorized to retain and expend the fees to provide these services. The fees assessed may not exceed the cost of the provision
22 of such services.
23
24
25 E20 - SECTION 11 - ATTORNEY GENERAL'S OFFICE
26
27 1. (AG: Collection of Debts, Claims or Obligations) The Attorney General is hereby authorized to contract for the
28 collection of debts, claims or obligations due to the State, or any of its departments or institutions.
29 2. (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or temporary
30 attorney as an employee except upon the written approval of the Attorney General and at a compensation approved by him.
31 All such attorneys shall at all times be under the supervision and control of the Attorney General except as otherwise
32 provided by law unless obtaining prior approval by the Budget and Control Board.
33 3. (AG: Engage Attorney on Fee Basis) No department or agency of the State Government shall engage on a fee basis
34 any attorney at law except upon the written approval of the Attorney General and upon such fee as shall be approved by him.
35 This shall not apply to the employment of attorneys in special cases in inferior courts where the fee to be paid does not
36 exceed two hundred fifty ($250.00) dollars or exceptions approved by the Budget and Control Board.
37 4. (AG: Printing of Opinions & Index) The Attorney General is authorized to print for public sale, copies of his
38 published opinions and index thereto at such charges as are established by the state printer, in accordance with the cost of
39 the documents plus a twenty-five percent surcharge. All proceeds from the sale of copies of opinions or indices shall be
40 remitted to the general funds of the State and a full accounting kept thereof.
41 5. (AG: Asbestos Abatement Litigation) The Attorney General shall report to the Ways and Means and Senate Finance
42 Committees on the status of that office's Asbestos Abatement Litigation.
SECTION 11 - ATTORNEY GENERAL'S OFFICE PAGE 407
1 6. (AG: State Grand Jurors Subsistence) Jurors of the state grand jury shall receive daily subsistence expense equal
2 to the maximum allowable by regulation of the Internal Revenue Code for the Columbia area when summoned or serving
3 and be paid the same per diem and mileage as are members of state boards, commissions, and committees.
4 7. (AG: Medicaid Fraud) The Attorney General shall provide the necessary personnel, in conjunction with the
5 Department of Health & Human Services, to process and/or refer suspected Medicaid fraud cases to appropriate law
6 enforcement officials for investigation and/or legal action, as deemed necessary.
7 8. (AG: Legal Services Study) The Attorney General's Office shall study the legal services available to all state
8 agencies, institutions, boards and commissions including agency counsel, private counsel, and counsel of the Attorney
9 General's Office and related expenses.
10 A report based on the study must include, but is not limited to, recommendations to reduce the costs of the services and
11 to spend available monies in the most efficient way possible. The report must be presented to the chairman of the Senate
12 Finance Committee and House Ways and Means Committee by January 31, 1996. The study ends upon presentation of the
13 report.
14 9. (AG: Securities Act Violations) DELETED
15 10. (AG: Insurance Fraud Division) The Insurance Fraud Division of the Attorney General's Office is authorized to
16 collect, receive and carry forward all fines and penalties imposed pursuant to South Carolina Code Sections 38-55-550 and
17 38-55-560. Any such fines and penalties shall be retained and used for the operating costs of the Insurance Fraud Division
18 which shall be divided between the Attorney General's Office and the State Law Enforcement Division as provided by law.
19 11. (AG: Litigation Expense) Notwithstanding any other provision of law, the Office of the Attorney General may obtain
20 reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its officers
21 and agencies in civil and administrative proceedings. These costs may include, but are not limited to, travel expenditures,
22 depositions, printing, transcripts, and personnel costs. Reimbursement of these costs may be obtained by the Office of the
23 Attorney General from the budget of an agency or officer that it is representing or from funds generally appropriated for legal
24 expenses with the approval of the Budget and Control Board.
25 12. (AG: Youth Mentor Program) The Attorney General's Office shall establish a Youth Mentor Program to serve
26 juvenile offenders in Family Court. The program shall be used as a pre-trial diversion option for solicitors and as an
27 optional alternative sentence for Family Court Judges. The Attorney General is authorized to hire a director of the Youth
28 Mentor Program who shall be paid with existing funds from the classified positions line item in the Attorney General's Office
29 budget. The Youth Mentor Program may be administered when a juvenile under the age of 17 is charged with a criminal
30 offense and the solicitor feels that justice would be better served if the juvenile offender completed a church mentor program.
31 Upon completion of the program, the criminal charges shall be dismissed. The Youth Mentor Program is a voluntary
32 program and the juvenile or his parents or guardians have a right to refuse to participate based upon their religious beliefs
33 or for any other reason. The Attorney General's Office shall establish guidelines for this program, the mentors and the
34 churches, mosques, masjids and synagogues that participate in the Youth Mentor Program. When a juvenile is convicted
35 of a non-violent offense in Family Court, the Family Court Judge may sentence the offender to the Youth Mentor Program.
36 When juvenile offenders are sentenced to the Youth Mentor Program they shall be assigned to a community organization
37 which shall assign a mentor to the juvenile offender. The mentor shall monitor the academic and personal development of
38 the youthful offender for a minimum of six months and a maximum of one year as ordered by the court. Failure to complete
39 the program shall result in the juvenile offender being brought before the Family Court for appropriate sanctions or
40 revocation of suspended sentence. The Attorney General's Office and the circuit solicitors are authorized to charge juvenile
41 offenders that participate in the Youth Mentor Program a fee to offset the actual cost of administering the program.
42
PAGE 408
1 E21 - SECTION 12 - PROSECUTION COORDINATION COMMISSION
2
3 1. (PCC: Solicitor Salary) The amount appropriated in this section for salaries of Solicitors shall be paid to each full-
4 time Solicitor.
5 2. (PCC: Solicitor Expense Allowance) Each solicitor shall receive two hundred fifty dollars ($250.00) per month as
6 expense allowance.
7 3. (PCC: Judicial Circuits State Support) The amount appropriated and authorized in this section for Judicial Circuits
8 (16) State Support shall be apportioned among the circuits on a per capita basis and based upon the official census of 1990.
9 Payment shall be made as soon after the beginning of the first and third quarter as practical.
10 4. (PCC: Solicitor Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, may be carried
11 forward into the current fiscal year and expended for the operation of the Solicitor's office relating to operational expenses.
12 5. (PCC: Solicitor's Office - County Funding Level) It is the intent of the General Assembly that the amounts
13 appropriated for solicitors' offices shall be in addition to any amounts presently being provided by the county for these
14 services and may not be used to supplant funding already allocated for such services without any additional charges.
15 6. (PCC: Serious Offenses Funding) It is the intent of the General Assembly that more than 50% of the funds for
16 Judicial Circuits-State Support which exceeds the amount appropriated by the General Assembly in FY 95-96, must be utilized
17 for the expeditious disposition of "most serious offenses" and "serious offenses" as defined by S.C. Code Section 17-25-45.
18
19
20 E23 - SECTION 14 - COMMISSION ON INDIGENT DEFENSE
21
22 1. (INDEF: Defense of Indigents Formula) The amount appropriated in this section for "Defense of Indigents" shall
23 be apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the
24 official United States Census for 1990. The level of contribution of each county as of July 1, 1992, must be maintained.
25 No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 1992. Within
26 the amount of money established for indigent defense services, the State shall set aside $2,750,000 (Death Penalty Trial
27 Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the
28 expenses of the operation of the Commission on Indigent Defense. The State also shall set aside $1,000,000 annually to pay
29 fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund). Of the funds
30 generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, and from the fees imposed under
31 Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 17-3-30(B), on a
32 monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund until
33 each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned
34 among the counties' public defender offices pursuant to Section 17-3-70. When either the Death Penalty Trial Fund or the
35 Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until
36 it is completely funded. Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue
37 collected pursuant to Section 14-1-213 and Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must
38 be apportioned among the counties' public defender offices pursuant to Section 17-3-70. At the end of each fiscal year, any
39 funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B). At the end of each fiscal year any
40 leftover funds shall carryover to the next fiscal year. All applications for the payment of fees and expenses in capital cases
41 shall be applied for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent Defense.
42 All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section
SECTION 14 - COMMISSION ON INDIGENT DEFENSE PAGE 409
1 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense.
2
3 For the current fiscal year, Section 16-3-26 of the 1976 Code of Laws is amended to read:
4 "Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention
5 to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense
6 attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
7 (B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that
8 such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the
9 trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at
10 least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public
11 Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall
12 be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if
13 qualified, before turning to the Office of Indigent Defense.
14 Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to
15 the Office of Indigent Defense for the defense of indigents. Any attorney appointed shall be compensated at a rate not to
16 exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court.
17 Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent
18 Defense for the defense of indigents represented by court-appointed, private counsel.
19 (C) (1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary
20 for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize
21 the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available
22 to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court shall deem
23 appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by
24 either court-appointed, private counsel or the public defender.
25 (2) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the Office
26 of Indigent Defense within thirty days after the completion of the case. For the purposes of this statute, exhaustion of the
27 funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses
28 have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a month and
29 the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission must
30 transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the obligation
31 to the extent possible.
32 (D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies,
33 in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation
34 adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services
35 provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await
36 prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
37 (E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other
38 expenditures on behalf of the defendant.
39 (F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to
40 be certified as competent to handle death penalty cases.
41 (G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for
42 and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies
SECTION 14 - COMMISSION ON INDIGENT DEFENSE PAGE 410
1 the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case the
2 chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief
3 administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of
4 Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on
5 a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to
6 present an attorney from the area or region where the action is initiated.
7 (H) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial
8 occurs on or after July 1, 1993."
9 (I) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents
10 of this State may be appointed by the Court and compensated with funds appropriated to the Death Penalty Trial Fund in
11 the Office of Indigent Defense. This proviso shall not pertain to any case in which council has been appointed on the
12 effective date of this Act.
13 (J) The Judicial Department biennially shall develop and make available to the public a list of standard fees and
14 expenses associated with the defense of an indigent person in a death penalty case.
15
16 For the current fiscal year, Section 17-3-30 of the 1976 Code of Laws is amended to read:
17 "Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially
18 unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they
19 are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the
20 defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist
21 therein, to the Office of Indigent Defense of the State of South Carolina.
22 (B) A twenty-five dollar application fee for public defender services must be collected from every person who
23 executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other
24 appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that
25 the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate
26 official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis.
27 The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for
28 indigent defense services. The monies shall be administered by the Office of Indigent Defense.
29 (C) Sufficient funds shall be set aside from allocations provided for the defense of indigents to provide for adequate
30 screening of applications for indigent assistance to ensure the applicant is qualified."
31
32 For the current fiscal year, Section 17-3-330 of the Code of Laws of 1976 is amended to read:
33 "Section 17-3-330. (A) The Office of Indigent Defense shall:
34 (1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of
35 indigents, including funds allocated to counties' public defender offices pursuant to formula, funds for the defense of capital
36 cases, funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes;
37 (2) perform those functions provided under Section 16-3-26(G);
38 (3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in
39 this State;
40 (4) implement other duties the commission may direct; and
41 (5) report annually to the General Assembly on the indigent defense system.
42 (B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines,
SECTION 14 - COMMISSION ON INDIGENT DEFENSE PAGE 411
1 after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-
2 capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and
3 expenses in capital cases; provided however this shall occur only in the event the funds in the capital fund have been
4 exhausted at that time. This fund shall at no time exceed $2,750,000.
5 (C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents
6 of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the
7 Office of Indigent Defense.
8 2. (INDEF: State Employee Compensation Prohibited) Except as otherwise provided in Section 72.1., no money
9 appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as
10 examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing such
11 services by their employees.
12
13
14 E24 - SECTION 15 - ADJUTANT GENERAL'S OFFICE
15
16 1. (ADJ: Tuition Assistance Program) Funds received from students who failed to enroll or withdraw from programs
17 under the Tuition Assistance Program may be deposited in the Tuition Assistance Program Appropriation Account and
18 expended for the same purpose as the original appropriation.
19 2. (ADJ: Unit Maintenance Funds) Notwithstanding any other provision of law, the funds appropriated as unit
20 maintenance funds shall be distributed to the various National Guard units at the direction of the Adjutant General.
21 3. (ADJ: Revenue Collections) All revenues collected by National Guard units from county and city appropriations,
22 vending machines, rental of armories, court martial fines, federal reimbursements to armories for telephone expenses, and
23 other collections be retained and expended in its budgeted operations.
24 4. (ADJ: Rental Fee for Election Purposes) The maximum fee that an armory may charge for the use of its premises
25 for election purposes shall be the cost of providing custodial services, utilities and maintenance.
26 5. (ADJ: Parking Lot Revenues) Notwithstanding other provisions of this Act, as a security measure for the State
27 Military Department's headquarters building and grounds, the Adjutant General may control and contractually lease the
28 headquarter's building parking facilities, during events at the University of South Carolina's Williams-Brice Stadium, to a
29 state chartered and federally recognized 501(c)(4) tax exempt agency employees' association who may then sub-lease
30 individual parking spaces. Such a contract must require the employees association to obtain liability insurance against
31 wrongful death or injury. The contract must clearly hold the Adjutant General's Office, its officers, and the State of South
32 Carolina harmless from any liability resulting from the use of the parking lot when rented by the employees association.
33 In addition, the contract must specify that the State of South Carolina's Military Department shall receive no less than thirty-
34 three percent of the gross profits from the sub-leasing of the parking spaces. The contract must allow the State to audit the
35 employees association's funds. Funds at the Adjutant General's Office derived wholly from the rental of Adjutant General's
36 headquarters' parking lot may be retained at the Adjutant General's Office, but may not be used for employee prerequisites.
37 6. (ADJ: State Guard Uniforms) Any element of the Militia of this State may be uniformed in such surplus uniforms
38 as may be made available to this State, except that the insignia of the United States shall be removed and for it shall be
39 substituted distinctive insignia of the State of South Carolina.
40 7. (ADJ: Armory Rental Program) The Adjutant General is authorized to develop and implement an armory rental
41 program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental
SECTION 15 - ADJUTANT GENERAL'S OFFICE PAGE 412
1 program must be uniform in its application to the maximum extent possible. Funds generated by this program may be
2 retained and expended for armory maintenance and operations.
3
4
5 E28 - SECTION 16 - ELECTION COMMISSION
6
7 1. (ELECT: County Board of Registration Compensation) The amount appropriated in this section for "County Board
8 of Registration Members," shall be disbursed annually at the rate of $4,800 to each County Treasurer. These funds shall
9 be disbursed equally to the members of the County Boards of Registration only. Any funds not used for this purpose shall
10 be returned to the State Treasurer. These funds are subject to mandated budget reductions. If any County Board of
11 Registration membership is increased from three to four or four to five members, then the new board member or members
12 may be compensated at the same rate as the then present Board Members. Any increased funding, if any, for each County
13 Board of Registration caused by this requirement shall be funded by funds provided for in this section if available. If no
14 funds are available under this section, then the additional funds may be provided for by the county of that particular County
15 Board of Registration.
16 2. (ELECT: County Election Commissioners Compensation) The amounts appropriated in this section for "County
17 Election Commissioners" shall be disbursed annually to the County Treasurer at the rate of $440 for each member of the
18 County Election Commission, not to exceed $2,200 per County. The County Treasurer shall use these funds only for
19 compensation of Commissioners for state and county general elections. Any funds not used shall be returned to the State
20 Treasurer. Such payments shall not be construed as salary compensation. These funds are subject to mandated budget
21 reductions.
22 3. (ELECT: Elections Managers & Clerks Per Diem) Managers and clerks of state and county elections shall receive
23 a per diem of $25.00; but managers shall not be paid for more than two days for any election and clerks for not more than
24 three days for any election. The Commission may adjust the per diem of $25.00 for the managers and clerks of the statewide
25 election to a higher level only to the extent that the appropriation for the statewide election is sufficient to bear the added
26 cost of increasing the per diem and the cost of the statewide election.
27 4. (ELECT: Board of State Canvassers Compensation) $100.00 additional compensation per day may be paid to each
28 member of the Board of State Canvassers up to a total of 15 days that may be required for hearings held by the members
29 of the Board of State Canvassers.
30 5. (ELECT: Sale of Lists Revenue Carry Forward) Any revenue generated from the sale of election lists may be
31 retained and expended by the South Carolina Election Commission to reimburse the State Budget and Control Board, Division
32 of Operations, for the printing of such lists and to pay expenses of postage and shipment of these lists to electors who
33 purchase them. After such reimbursement has been made an amount, not to exceed $220,000, shall be used for non-
34 recurring expenses in conjunction with Act 248 of 1991, the Ethics, Government Accountability, and Campaign Reform Act
35 and in conjunction with extraordinary special election and legal costs. Any balance in the Sale of Lists Account on June 30,
36 of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.
37 6. (ELECT: Budget Reduction Exemption) Funds appropriated for non-recurring general and primary election expenses
38 are exempted from mandated across the board reductions. In addition, in the calculation of any across the board agency base
39 reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for non-
40 recurring primary and general election expenses shall be excluded from the agency's base budget.
41 7. (ELECT: State Supplement) If a county, by legislation, chooses to combine its Board of Registration and Election
42 Commission into one board, the state supplement outlined in Provisos 16.1 and 16.2 shall provide $960 for each of the first
SECTION 16 - ELECTION COMMISSION PAGE 413
1 five members and $440 for each additional member. The county shall divide these funds equally among the total number
2 of members appointed to the joint board. These funds are subject to mandated budget reductions.
3 8. (ELECT: Primary Election Carry Forward) Filing Fees received from candidates filing to run in statewide or special
4 primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary
5 elections. Any balance in the filing fee accounts on June 30, of the prior fiscal year may be carried forward and expended
6 for the same purposes during the current fiscal year. In addition, any balance in the Primary Election Accounts on June 30,
7 of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.
8 9. (ELECT: Automated Voting Systems Carry Forward) Funds provided to the agency as state match for purchasing
9 automated voting systems shall be carried forward to be expended for the same purposes in the current fiscal year.
10
11
12 F05 - SECTION 17A - B&C BOARD, DIVISION OF THE EXECUTIVE DIRECTOR
13
14 1. (BCB/DED: BA - Civil Contingent Fund - Disbursements) Warrant requisitions for the disbursement of funds
15 appropriated in this Section shall be approved by the respective division heads. The Civil Contingent Fund, appropriated
16 in Subsection 17A of this Section shall be expended only upon unanimous approval of the State Budget and Control Board,
17 and upon warrant requisitions signed as directed by the State Budget and Control Board, to meet emergency and contingent
18 expense of the State Government. None of the Civil Contingent Fund shall be used to increase the salary of any State
19 employee.
20 2. (BCB/DED: BA - Total Quality Management) It is the intent of the General Assembly to adequately train the State's
21 work force to enable agencies to achieve their missions and to serve their customers. The Executive Director of the Budget
22 and Control Board shall appoint a State Director of Total Quality Management who will be responsible for coordinating the
23 quality training effort for state government agency heads, managers, and employees for the purpose of strategic planning,
24 leadership skills, team facilitator, supervision and customer service training. All employees initially undergoing Total Quality
25 Management training will receive a common curriculum, to include the philosophy, teamwork training and problem solving
26 techniques of Total Quality Management. As the training functions progress, organizational plans for using the Total Quality
27 Management process will be drawn up and reviewed with agency heads, with action teams subsequently being formed for
28 improvements. Recognition of all progress made will be consistently given. Funds shall be used to identify state agencies
29 that are in direct contact with the public and provide training that will ensure employees courteously and effectively meet
30 taxpayers' needs. The funds provided for quality training shall not be transferred to any other program or used for any other
31 purpose. Funds allocated for this purpose not expended in the prior fiscal year may be carried forward to be expended in
32 the current fiscal year. It is the intent of the General Assembly that all employees in a supervisory or managerial capacity
33 be certified quality-trained by June 30, 2001. The State Director of Total Quality Management is responsible for the
34 development and implementation of a Quality Manager Certification Program. It is further the intent of the General Assembly
35 that the measurement of agency performance is to be based on the criteria used for the Malcolm Baldridge National Quality
36 Award.
37 3. (BCB/DED: BA - Brandenburg Coordination Committee) Of the $50,000 appropriated in this section for the
38 Brandenburg Coordination Committee, funds are to be spent in support of cultural, educational, agricultural, scientific,
39 governmental or business exchanges and agreements between South Carolina and the sister state of Brandenburg, Germany
40 and related German interests. The Executive Director of the Budget and Control Board will submit an annual report to the
41 Governor, the Chairmen of the Senate Finance Committee and the House Ways & Means Committee detailing such activities.
42 4. (BCB/DED: BA - Accounting System Analysis - Interagency Study Committee) In consultation with the Governor,
SECTION 17A - B&C BOARD, DIV. OF THE EXECUTIVE DIRECTOR PAGE 414
1 the Chairman of the Senate Finance Committee and the Chairman of the Ways and Means Committee, the Executive Director
2 of the Budget and Control Board is authorized to appoint interagency study committees to explore innovative solutions to
3 administrative or managerial problems which are deemed to be system-wide in their impact. The committees will be fully
4 trained in quality management problem-solving techniques and strategies. Funds appropriated for purposes of fostering
5 innovation in the Fiscal Year 1993-94 Supplemental Appropriation for the Office of Executive Director, Budget and Control
6 Board, Accounting System Analysis which are unexpended in the preceding fiscal year may be carried forward to be used
7 in the current fiscal year for the same purpose.
8 5. (BCB/DED: BA - Computer Services Consolidation) It is the intent of the General Assembly to consolidate
9 management of computing services and computer support services under the Budget and Control Board. The Executive
10 Director of the Budget and Control Board shall develop a long-term strategic plan to accomplish this consolidation and to
11 centralize all State Data Centers, and shall present a progress report to the Governor, the Chairman of the Senate Finance
12 Committee and the Chairman of the Ways and Means Committee by January 15, 1997, and completed recommendations
13 within one year. The plan must be structured in phases with a final implementation date no later than July, 2001. Higher
14 education institutions are exempt from this proviso.
15
16
17 F07 - SECTION 17B - B&C BOARD, DIVISION OF OPERATIONS
18
19 1. (BCB/DO: OGS - Procurement of Art Objects) Before any governmental body, with the exception of the South
20 Carolina Museum Commission, as defined under the South Carolina Consolidated Procurement Code procures any art objects
21 such as paintings, antiques, sculptures, or similar objects above $1,000, the head of the Purchasing Agency shall prepare
22 a written determination specifying the need for such objects and benefits to the State. The South Carolina Arts Commission
23 shall review such determination for approval prior to any acquisition.
24 2. (BCB/DO: OGS - Real Property - Sale/Leaseback/ Repurchase Revenue Account) In order to ensure the stability
25 of any sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, the Budget
26 and Control Board is directed to establish a separate and distinct account for the deposit of the net proceeds of the sale or
27 net annual charges derived from any such property. Any funds held in such separate and distinct accounts shall only be used
28 for the purpose of repurchasing the property and/or the establishment of a reserve fund as outlined in the contract documents
29 for the property, until such time as the Agreements on the property are fulfilled. It is the intention of the General Assembly
30 to appropriate sufficient funds on an annual basis to enable the Budget and Control Board to meet the required lease payments
31 and other necessary expenditures associated with any sale/leaseback agreement involving real property.
32 3. (BCB/DO: OGS - Fleet Management Program) It is the intent of the General Assembly that the Division of
33 Operations establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management
34 Program. The Division shall collect, retain and carry forward funds to ensure continuous administration of the program.
35 4. (BCB/DO: OGS - Surplus Property Exemption) The Division of Operations and law enforcement agencies may
36 retain the proceeds from the sale of surplus property for fleet replacement less the cost of disposition incurred by the Division
37 of Operations.
38 5. (BCB/DO: OIS - IRF Forestry Commission Loan) The Insurance Reserve Fund is authorized to loan the Forestry
39 Commission the amount needed to satisfy the settlement of the overtime compensation claim currently pending, including
40 the related Employer Contribution costs; provided the agency first dedicates all its available financial resources (at the time
41 of settlement) to payment of the settlement.
42 The loan repayment schedule is to be negotiated between the Forestry Commission and the State Budget and Control
SECTION 17B - B&C BOARD, DIV. OF OPERATIONS PAGE 415
1 Board, and the interest rate must be the same rate established by the State Treasurer. The funds for repayment are authorized
2 to come from any existing agency resources, and must not require any additional State appropriation.
3 6. (BCB/DO: OLG - Carry Forward - BCB Grant Program & EPA Grant Match Funds) Funds appropriated under
4 Section 17B, Division of Operations, "Aid to Entities": Budget and Control Board Grant Program Funds and EPA Grant
5 Match Funds which are not expended in the prior fiscal year may be carried forward to be expended in the current fiscal
6 year. Of the Grant Funds appropriated under the Division of Operations, $400,000 may be used for operating costs of the
7 Division in order to enhance the technical assistance capabilities of the Office of Local Government.
8 7. (BCB/DO: OLG - Carry Forward - State Water Pollution Control Revolving Fund) If any funds accumulated by
9 the Budget and Control Board, Division of Operations from loan fees are not expended during the preceding fiscal years,
10 such funds may be carried forward and expended for the costs associated with conducting the State Revolving Fund programs
11 for wastewater or drinking water.
12 8. (BCB/DO: OLG - State Water Pollution Control Revolving Fund) In the event that any state funds remain after fully
13 matching federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such funds
14 may be deposited into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50.
15 9. (BCB/DO: OLG - Community Development Block Grant) The funds appropriated on special line item "CDBG" are
16 to provide funds for meeting federal matching requirements for administrative costs incurred by the State in administering
17 program income funds received from federally funded economic development grants.
18 10. (BCB/DO: OGS - Museum Food Service) For FY 95-96, the Division of Operations of the Budget and Control
19 Board will be responsible for the rent associated with 5,850 square feet of space designated by the State Museum for a food
20 service facility until such time as the Division of Operations of the B & C Board, in consultation with the Executive Director
21 of the State Museum, has procured a lease for this space from a food service vendor or has determined the lack of feasibility
22 for such an effort.
23 11. (BCB/DO: OLG - Carry Forward - BCB Infrastructure Grant Fund) Funds appropriated in the Fiscal Year 1993-94
24 Supplemental Appropriation for the Office of Local Government, Division of Operations, Infrastructure Grant Revolving
25 Fund which are unexpended in the preceding fiscal year may be carried forward to be used in the current fiscal year for the
26 same purpose of funding infrastructure projects in economically distressed areas as provided for in Section 41-43-180 of the
27 1976 Code.
28 12. (BCB/DO: OLG - Debt Service) Of the Grant Funds appropriated under the Division of Operations, up to $330,000
29 may be expended for debt service if funds are not made available for such purpose in this act or any act supplemental thereto.
30
31
32 F09 - SECTION 17C - B&C BOARD, DIVISION OF BUDGET AND ANALYSES
33
34 1. (BCB/DBA: OSB - Agencies Affected by Restructuring) The Budget and Control Board is directed to work with
35 affected State agencies in order to phase-in operations of restructured organizations during Fiscal Year 1995-96. 1996-97.
36 Restructured organizations should be operating entirely under the revised structure not later than June 30, 1996. 1997. The
37 Board is further directed to work with the affected agencies in order to identify and facilitate the transfer of any portion of
38 their operations, including transfer of funds, during Fiscal Year 1995-96, 1996-97, which is affected by the restructured
39 organization adopted by the General Assembly, but which has not already been accomplished herein. Until sufficient changes
40 can be made to the State's accounting system and the appointment of appropriate agency heads, the Comptroller General and
41 the State Treasurer shall allow those agencies affected by restructuring to continue processing documents within the account
42 structure existing on June 30, 1995. 1996. Restructured agencies shall make all the necessary accounting adjustments to
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 416
1 complete the transition to the new account structure as soon as possible, but no later than June 30, 1996. 1997.
2 2. (BCB/DBA: OHR - Compensation - Agency Head Salary) Notwithstanding any other provision of law in the event
3 of an agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable
4 recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for the agency head at a rate that
5 exceeds the minimum of the range established by the Agency Head Salary Commission. The Budget and Control Board shall
6 have final approval authority for agency head salaries. Boards and Commissions of newly created agencies shall not offer
7 a salary to a prospective agency head until a salary range has been established and the salary approved by the Agency Head
8 Salary Commission. The funding for such purpose should come from resources within the agency. The Agency Head Salary
9 Commission shall recommend to the Budget & Control Board salary increases for agency heads. No agency head shall be
10 paid less than the minimum of the pay range nor receive an increase that would have the effect of raising the salary above
11 the maximum of the pay range. Funding shall be provided for an amount equivalent to the pay increase for all classified
12 employees. Any remaining increases recommended by the Agency Head Salary Commission shall be funded from the
13 individual agency budget. All increases shall be effective on or after October 1, of the current fiscal year.
14 In the event of a Technical College President vacancy, the appointing authority must have prior favorable recommendation
15 of the Agency Head Salary Commission to set, discuss or offer a salary for Technical College Presidents at a rate that
16 exceeds the midpoint of the salary range. The Budget and Control Board shall have final approval authority for these
17 salaries.
18 3. (BCB/DBA: OHR - Compensation - Reporting of Supplemental Salaries) Any compensation, excluding travel
19 reimbursement, from an affiliated public charity, foundation, clinical faculty practice plan, or other public source or any
20 supplement from a private source to the salary appropriated for a state employee and fixed by the State must be reported by
21 the employee to the Division of Budget and Analyses of the Budget and Control Board. The report must include the amount,
22 source, and any condition of the supplement. Any change in the amount, source, or condition must be reported to the
23 division by the employee.
24 4. (BCB/DBA: OHR - Vacancy Report/Appropriations for Compensation/Quarterly Allocations) In providing in this
25 Act for compensation of state employees, the General Assembly recognizes that a continuing minimum number of position
26 vacancies among state agencies is inevitable and that the full amount appropriated for employee compensation will not likely
27 be required. In order to provide for efficient administration and use of such appropriations, the Budget and Control Board
28 is authorized to require such periodic reports from agencies as will reflect actual compensation requirements during the
29 course of the year and to allot to agencies on a quarterly basis such amounts of appropriations for compensation as may be
30 necessary to meet actual requirements only.
31 5. (BCB/DBA: OHR - Employment Rights Affected by Restructuring) Provided, that all State employees affected by
32 the restructuring of State agencies shall retain all present employment rights. Employees who are transferred or reassigned
33 as a result of restructuring who had attained permanent status as provided in the State Employee Grievance Procedure Act
34 of 1982, as amended, shall retain such rights. Employees in positions not covered by the State Employee Grievance
35 Procedure Act of 1982, as amended, who would occupy positions subject to the Act after restructuring and who have more
36 than six months service as a State employee shall have grievance rights under the Act.
37 6. (BCB/DBA: OHR - Agency Head Salaries Affected by Restructuring) The salaries of Agency Directors affected
38 by restructuring will be reviewed by the Division of Budget and Analyses of the Budget and Control Board. The review by
39 the Division of Budget and Analyses will be submitted to the Agency Head Salary Commission and the Budget and Control
40 Board. The Agency Head Salary Commission shall recommend to the Budget and Control Board any salary adjustments
41 deemed appropriate for approval.
42 7. (BCB/DBA: OHR - Compensation - BPI & Compression) The amounts appropriated to the Budget & Control Board
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 417
1 for Employee Pay Increase must be allocated by the Board to various state agencies to provide pay increases for employees
2 in accordance with the following plan:
3 A. With respect to classified employees:
4 1. Effective on the first pay date which occurs on or after July 1 of the current fiscal year, the compensation of
5 all classified employees shall be increased by 2.5%. This increase shall not increase the minimum of the pay grade.
6 2. In addition, effective on the first pay date which occurs on or after July 1 of the current fiscal year, an average
7 1% one-time base pay increase for compression relief shall be awarded to all classified employees with permanent status in
8 the following percentage amounts:
9 (a) Employees with less than one year of service in their current job or grade as of July 1, 1995 will receive
10 a 0.5% increase.
11 (b) Employees with at least one and less than three years of service in their current job or grade as of July 1,
12 1995 will receive a 1.0% increase.
13 (c) Employees with at least three and less than five years of service in their current job or grade as of July 1,
14 1995 will receive a 1.25% increase.
15 (d) Employees with five or more years of service in their current job or grade as of July 1, 1995 will receive
16 a 1.5% increase.
17 (e) Such increases shall be limited to the maximum of an employee's existing salary range.
18 (f) Employees in trainee or probationary status as of July 1, 1995 will not be eligible for this portion of the pay
19 increase.
20 (g) Employees must also have received at least a "meets" performance rating on their most recent performance
21 evaluation to be eligible for this portion of the pay increase.
22 B. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere
23 covered in this Act, effective on the first pay date which occurs on or after July 1, of the current fiscal year, each agency
24 is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds
25 provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual
26 average 3.5% increase. All of the salaries are subject to the provisions of Section 72.29 of Part I of this Act and Office of
27 Human Resources approval must be obtained before any employees subject to the provisions of this paragraph may be granted
28 an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject to the
29 provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs A and C.
30 C. With respect to local health care providers, the funds provided for compensation increases shall be based on an
31 annual average 3.5% increase, effective on the first pay period on or after July 1, of the current fiscal year.
32 8. (BCB/DBA: OHR - Compensation - Increase Eligibility) Statewide elected officials, constitutional officers,
33 temporary positions, whether full or part-time, and agency heads, shall not be eligible for any compensation increases as
34 provided in this Act unless otherwise specified in this Act.
35 9. (BCB/DBA: BEA - Membership, Compensation, Duties) Notwithstanding the provisions of 11-9-820 of the 1976
36 Code, the Board of Economic Advisors shall consist of the following members:
37 (1) one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000 annually;
38 (2) one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000
39 annually;
40 (3) One member appointed by the Chairman of the Ways and Means Committee of the House of Representatives who
41 shall receive the sum of $8,000 annually;
42 (4) Chairman of the Department of Revenue and Taxation, ex officio with no voting rights.
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 418
1 The appointed members shall serve at the pleasure of their appointors. The Chairman of the Board of Economic Advisors
2 shall report directly to the Budget and Control Board to establish policy governing economic trend analysis. The Board of
3 Economic Advisors shall provide for its staffing and administrative support from funds appropriated by the General
4 Assembly.
5 The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic
6 Advisors, Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of
7 Representatives in providing an effective system for compiling and maintaining current and reliable economic data. The
8 Board of Economic Advisors is considered a public body under the provisions of Section 30-4-20(a) of the 1976 Code. The
9 Board of Economic Advisors may establish an advisory board to assist in carrying out its duties and responsibilities. All
10 state agencies, departments, institutions and divisions shall provide such information and data as the board may require.
11 10. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations made
12 herein or by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the purpose
13 being to authorize expenditures not to exceed the amounts named herein, if necessary, but only in the event the aggregate
14 revenues available during the period for which the appropriations are made are sufficient to pay them in full. The State
15 Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds by all
16 agencies, departments and institutions. If the Budget and Control Board determines that a year-end aggregate deficit may
17 occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize such funds as may be available and required
18 to be used to avoid a year end deficit and thereafter take such action as necessary to restrict the rate of expenditure of all
19 agencies consistent with the provisions of this section. No institution, activity, program, item, special appropriation, or
20 allocation for which the General Assembly has provided funding in any part of this Act shall be discontinued, deleted, or
21 deferred by the Budget and Control Board. Any reduction of rate of expenditure by the Board, under authority of this Act,
22 shall be applied as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by a
23 written contract with an agency not connected with the State Government. No such reduction shall be ordered by the State
24 Budget and Control Board while the General Assembly is in session without first reporting such necessity to the General
25 Assembly and the General Assembly has taken no action to prevent the reduction within five statewide session days of
26 formal written notification.
27 As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate
28 appropriations as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in
29 order to avoid an operating deficit for the fiscal year. It should be recognized that academic year calendars of state
30 institutions will affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General or
31 the Office of State Budget shall make such reports to the Budget and Control Board as they deem advisable on any agency
32 which is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency. The
33 Budget and Control Board is authorized and directed to require any such agency, institutions or department to file a quarterly
34 allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or department if the
35 Board determines that a deficit may occur. It is the responsibility of any such agency to develop a plan, in consultation with
36 the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and Control Board make a finding
37 that the cause of and likelihood of a deficit is unavoidable due to factors which are wholly outside of an agency's control,
38 then the Board may determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly
39 of such action or the presiding officer of the House and Senate if the General Assembly is not in session. Upon receipt of
40 such notification from the Budget and Control Board, the General Assembly may authorize supplemental appropriations from
41 any surplus revenues which existed at the close of the previous fiscal year. If the General Assembly fails to take action, then
42 the finding of the Budget and Control Board shall stand, and the actual deficit at close of the fiscal year shall be reduced as
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 419
1 necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from
2 funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution. If the Budget and
3 Control Board finds that the likelihood and cause of a deficit is the result of agency management, then the bond of State
4 officials responsible for management of the agency involved shall be held liable therefor and the Board shall notify the
5 Agency Head Salary Commission of such finding. In the case of a finding that a projected deficit is the result of the
6 management of the agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such
7 a manner so as to bring expenditures in line with authorized appropriations and avoid a year end operating deficit.
8 11. (BCB/DBA: OHR - Compensation - Other Chief Executive Officers Increases) Agency chief executive officers not
9 reviewed by the Agency Head Salary Commission shall receive an annual increase of 3.5% effective on the first pay date
10 which occurs on or after July 1, of the current fiscal year, unless otherwise provided in this Act.
11 12. (BCB/DBA: OHR - Compensation - Judicial Officers Increases) The Chief Justice and other judicial officers as
12 prescribed by law shall receive an annual increase of 3.5% effective on the first pay date occurring on or after July 1, of
13 the current fiscal year.
14 13. (BCB/DBA: OHR - Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used for
15 compensation increases for classified and unclassified employees and agency heads only in the same ratio that the employee's
16 base salary is paid from appropriated sources.
17 14. (BCB/DBA: OHR - Law Enforcement Personnel Salary Review) The Budget and Control Board's Office of Human
18 Resources is hereby directed to conduct a review of existing Law Enforcement personnel salaries in Public Safety, SLED,
19 and the Department of Natural Resources and correctional officers. This study is to include comparison of grades, average
20 salaries within grades, and average salary within each grade in reference to time in each grade. Results of this review should
21 be reported to the Ways and Means Committee and the Senate Finance Committee by January 5, 1996.
22 15. (BCB/DBA: OHR - Vacant Positions) In the event that any permanent position in an agency remains vacant for more
23 than one year the position may be deleted by the Budget and Control Board.
24 16. (BCB/DBA: OSB - DMV Restructuring) The Budget and Control Board, in conjunction with the Department of
25 Revenue and the Department of Public Safety, shall transfer all funds and positions associated with the Division of Motor
26 Vehicles located at the Department of Revenue to the Department of Public Safety. The Department of Revenue shall transfer
27 only those funds and positions appropriated to the Department for the Motor Vehicles function.
28 17. (BCB/DBA: OSB - Budget Format) DELETED
29 18. (BCB/DBA: OHR - Employees Serve at Pleasure DELETED
30 19. (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee Pay
31 Increase must be allocated by the Board to the various state agencies to provide for employees pay increases in accordance
32 with the following plan:
33 1. With respect to both classified and unclassified employees not elsewhere covered in this Act:
34 A. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, employees whose annualized
35 salary is less than $25,000 shall receive an annual average 4% base pay increase.
36 B. For those employees whose annualized salary is equal to $25,000 or greater, state agencies may develop a pay
37 plan to award base pay increases up to $1,000 per employee. No additional monies shall be appropriated for this portion
38 of the pay plan. Funding used for this portion of the pay plan must come from existing funds within each individual agency's
39 budget.
40 2. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission
41 shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be
42 effective on the first pay date that occurs on or after October 1 of the current fiscal year. No agency head shall be paid less
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 420
1 than the minimum of the pay range nor receive a salary increase that would have the effect of raising the salary above the
2 maximum of the pay range. No additional monies shall be appropriated for this portion of the pay plan. Funding used for
3 this portion of the pay plan must come from existing funds within each individual agency's budget.
4 3. Effective on the first pay date that occurs on or after October 1 of the current fiscal year, agency heads not covered
5 by the Agency Head Salary Commission, may receive a base pay increase up to $1,000. No additional monies shall be
6 appropriated for this portion of the pay plan. Funding used for this portion of the pay plan must come from existing funds
7 within each individual agency's budget.
8 4. With respect to local health care providers, the funds provided for compensation increases shall be based on an
9 annual average 4% increase, effective on the first pay period on or after July 1 of the current fiscal year.
10 5. Effective on the first date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial
11 officers may receive a base pay increase up to $1,000. No additional monies shall be appropriated for this portion of the
12 pay plan. Funding used for this portion of the pay plan must come from existing funds within each individual agency's
13 budget.
14 20. (BCB/DBA: OHR - Judicial Department Pay) Effective on the first pay date that occurs on or after July 1 of the
15 current fiscal year, judicial employees shall receive base pay increases in the following manner:
16 A. Judicial employees whose annualized salary is less than $25,000 will receive an annual average 4% increase.
17 B. For those judicial employees whose annualized salary is equal to $25,000 or greater, the Judicial Department may
18 develop an internal pay plan to award base pay increases up to $1,000 per employee. No additional monies shall be
19 appropriated for this portion of the pay plan. Funding used for this portion of the pay plan must come from existing funds
20 within each individual agency's budget.
21
22
23 F27 - SECTION 17D - B&C BOARD, STATE AUDITOR'S OFFICE
24
25 1. (BCB/AUD: Access of Records) Notwithstanding any other provision of law, for the purposes of carrying out his
26 duties, the State Auditor and his assistants or designees shall have access to all records and facilities of every state agency
27 during normal operating hours. Furthermore, the State Auditor and his assistants or designees shall have access to all
28 relevant records and facilities of any private organization which is appropriated state monies, relating to the management
29 and expenditures of such funds, during the organization's normal operating hours. In the performance of his official duties,
30 the State Auditor and his assistants or designees are subject to the statutory provisions and penalties regarding the
31 confidentiality of records of the respective agency, or organization, under review. All audit working papers and memoranda
32 of the State Auditor, with the exception of final audit reports, are confidential and not subject to public disclosure.
33 2. (BCB/AUD: Audit Timeframes) Notwithstanding any other provision of law, the State Auditor may examine less
34 often than annually agencies, departments, commissions and divisions provided that every such agency, department,
35 commission or division shall be examined no less often than every third year.
36 3. (BCB/AUD: Contracts for State Audits) In the event qualified personnel cannot be hired during the current fiscal
37 year, any unused personal service funds in Subsection 17D, may be used to contract private firms to perform audits as
38 prescribed by the State Auditor.
39 4. (BCB/AUD: Fraud Hot Line) The State Auditor is directed to maintain a Fraud Hot Line, and provide statewide
40 toll free telephone service for use by citizens of this State to report incidences of waste, fraud, misuse, and abuse of state
41 funds. The State Auditor is further directed to advertise the Fraud Hot Line in an appropriate manner.
42 5. (BCB/AUD: Medical Assistance Audit) The Department of Health and Human Services shall remit to the General
SECTION 17D - B&C BOARD, STATE AUDITOR'S OFFICE PAGE 421
1 Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance
2 Audit as established in the State Auditor's Office of the Budget and Control Board Section 17D such amount to also include
3 appropriated salary adjustments and employer contributions allowable to this program. Such remittance to the General Fund
4 shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and Control Board.
5
6
7 F29 - SECTION 17E - B&C BOARD, RETIREMENT DIVISION
8
9 1. (BCB/RET: Authorization to Pay For Data Processing Services) The Retirement System is authorized to pay the
10 Budget & Control Board - Division of Executive Director from funds appropriated to contractual services a charge for data
11 processing services. The cost will be determined on an hourly basis and shall not exceed the sum of $600,000.
12 2. (BCB/RET: Retirement Benefits Limits Increase) Notwithstanding any other provision of law, except as provided
13 below, retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) sponsored nursing home
14 care as of June 30, of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year.
15 However, a retired employee affected by the above prohibition may receive the scheduled increase if he is discharged from
16 the nursing home and does not require admission to a hospital or nursing home within six months. The Department of Health
17 & Human Services, the Department of Social Services, and the State Retirement Systems must share the information needed
18 to implement this proviso.
19 3. (BCB/RET: Retirement Contributions - Monthly Transfers) Notwithstanding the amounts appropriated in Subsection
20 17F of this Section as "State Employer Contributions," the State Treasurer and Comptroller General are hereby authorized
21 and directed to transfer from the General Fund of the State to the proper Retirement System Accounts, month by month,
22 during the current fiscal year, such funds as are necessary to comply with the terms of the Retirement Act as amended, with
23 respect to contributions by the State of South Carolina to the Retirement System.
24 4. (BCB/RET: Temporary Scientific Consultative Employment) Any teacher or employee especially skilled in scientific
25 knowledge and attainment may be temporarily employed by any part of the government or any agency thereof in a
26 consultative capacity on a per diem compensation without such temporary consultative employment in any way affecting,
27 reducing or canceling his retirement benefits but such temporary consultative employment shall not exceed six months in any
28 one year.
29
30
31 F30 - SECTION 17F - B&C BOARD, EMPLOYEE BENEFITS
32
33 1. (BCB/EB: Benefits - Proportionate Payment) It is the intent of the General Assembly that any agency of the State
34 Government whose operations are covered by funds from other than General Fund Appropriations shall pay from such other
35 sources a proportionate share of the employer costs of retirement, social security, workmen's compensation insurance,
36 unemployment compensation insurance, health and other insurance for active and retired employees, and any other employer
37 contribution provided by the State for the agency's employees.
38 2. (BCB/EB: Unemployment Compensation Account) Unemployment Compensation premiums collected from state
39 agencies will be deposited into a separate account and used to pay Unemployment Compensation benefits to eligible
40 employees of the State. Premiums will be based on experience ratings provided by private consultants and the Budget and
41 Control Board. The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to
42 ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund. All interest
SECTION 17F - B&C BOARD, EMPLOYEE BENEFITS PAGE 422
1 earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs.
2 3. (BCB/EB: Unemployment Compensation Administration) The Budget and Control Board may hire consultants or
3 a management firm to assist in the administration of the unemployment compensation program for state employees and for
4 that purpose may use funds appropriated or otherwise made available for unemployment payments. The Budget and Control
5 Board is authorized to make such transfers as are necessary to accomplish this purpose. The Budget and Control Board shall
6 report annually to the General Assembly in writing the complete name, address and amounts paid to any such consultants
7 or management firm.
8 4. (BCB/EB: Unemployment Compensation Insurance Claims) Notwithstanding the amounts appropriated in Subsection
9 17F of this Section as "Unemployment Compensation Insurance" to cover unemployment benefit claims paid to employees
10 of the State Government who are entitled under Federal Law, the State Treasurer and the Comptroller General are hereby
11 authorized and directed to pay from the General Fund of the State to the South Carolina Employment Security Commission
12 such funds as are necessary to cover actual benefit claims paid during the current fiscal year which exceed the amounts paid
13 in for this purpose by the various agencies, departments and institutions subject to unemployment compensation claims. The
14 Employment Security Commission shall certify quarterly to the Budget and Control Board the State's liability for such benefit
15 claims actually paid to claimants who were employees of the State of South Carolina and entitled under Federal law. The
16 amount so certified shall be remitted to the Employment Security Commission.
17 5. (BCB/EB: Workers' Compensation Insurance Claims) Notwithstanding the amounts appropriated in Subsection 17F
18 of this Section as "Workers' Compensation Insurance" to cover Workers' Compensation benefit claims paid to employees
19 of the State Government who are entitled under State Law, the State Treasurer and the Comptroller General are hereby
20 authorized and directed to pay from the General Fund of the State to the State Accident Fund such funds as are necessary
21 to cover actual benefit claims paid and expenses relating to the operations of the agency during the current fiscal year which
22 exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State Accident Fund
23 shall certify quarterly to the Budget and Control Board the State's liability for such benefit claims actually paid to claimants
24 who are employees of the State of South Carolina and entitled under State Law. The amount so certified shall be remitted
25 to the State Accident Fund.
26
27
28 F31 - SECTION 17G - B&C BOARD, CAPITAL RESERVE FUND
29
30 1. (BCB/CRF: Deficit Projected - Use of CRF) If the Board of Economic Advisors revenue forecast to the Budget and
31 Control Board at any time during the current fiscal year projects that revenues for the current fiscal year will be less than
32 appropriated expenditures for this year, the Budget and Control Board in mandating necessary cuts during the current fiscal
33 year to eliminate the projected deficit must first reduce to the extent necessary the appropriation herein contained to the
34 Capital Reserve Fund, prior to mandating any cuts in operating appropriations.
35
36
37 H03 - SECTION 18A - COMMISSION ON HIGHER EDUCATION
38
39 1. (CHE: Contract for Services Program Fees) The amounts appropriated in this Section for "Southern Regional
40 Education Board Contract Programs" and "Southern Regional Education Board Dues" are to be used by the Commission to
41 pay to the Southern Regional Education Board the required contract fees for South Carolina students enrolled under the
42 Contract for Services program of the Southern Regional Education Board, in specific degree programs in specified institutions
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 423
1 and the Southern Regional Education Board membership dues. The funds appropriated may not be reduced to cover any
2 budget reductions or be transferred for other purposes.
3 2. (CHE: Desegregation Activities) Higher Education institutions shall continue to support and fund desegregation
4 activities within the allocations made to each agency.
5 3. (CHE: Grants for Programs in Other States) Of the funds appropriated herein, not more than $25,000 may be used
6 to make grants to South Carolina residents enrolled in an accredited institution outside the State in a program (a) not offered
7 in South Carolina, or (b) a program which differs significantly from a program offered in South Carolina as determined by
8 the Commission on Higher Education. The amount awarded to any such student must be made directly to the institution for
9 the account of the grantee.
10 4. (CHE: Out-of-State School of the Arts) The funds appropriated herein for Out-of-State School of the Arts must be
11 expended for an SREB Contract Program, administered by the Commission, which will offset the difference between the out-
12 of-state cost and in-state cost for artistically talented high school students at the North Carolina School of the Arts.
13 5. (CHE: Real Property Disposal) Before any local area higher education commission may dispose of any real
14 property, the approval of the Budget and Control Board must be obtained.
15 6. (CHE: Councils Committees, Etc., Representation) Each four-year campus of each state-supported senior college
16 and university shall have the same representation on all formal and informal councils, advisory groups, committees, and task
17 forces of the commission, not including the formula advisory committee, as the independent four-year colleges.
18 Representation on the Formula Advisory Committee shall include from the S.C. Legislature the following voting members:
19 two members of the Senate Finance Committee and two members of the House Ways and Means Committee to be appointed
20 by the respective chairman.
21 7. (CHE: Access & Equity Programs) Of the funds appropriated herein for Desegregation Programs, the Commission
22 on Higher Education shall distribute at least $116,233 to South Carolina State University, $29,036 to Denmark Technical
23 College, and $290,714 to the Access and Equity Program. With the funds appropriated herein for formula funding increases,
24 the colleges and universities shall supplement their access and equity programs so as to provide, at a minimum, the same
25 level of minority recruitment activities as provided during the prior fiscal year.
26 8. (CHE: Deadline for Formula Changes) The allocations made for the immediate fiscal year following March 1 of
27 any year must not be adjusted due to any change in the formula and any change in the input data into the formula after March
28 1 of the year. Any changes in allocation due to formula changes must be held in abeyance until the next year's allocation
29 as required herein. By March 1, the Commission on Higher Education shall submit the final formula and the input data into
30 the formula to the Senate Finance Committee, the House Ways and Means Committee, the Senate Education Committee, and
31 the House Education and Public Works Committee.
32 9. (CHE: Reciprocal Tuition) The University of South Carolina's Aiken Campus may offer in-state tuition to any
33 student whose legal residence is in the Richmond/Columbia County area of the neighboring state of Georgia as long as the
34 Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in
35 the Aiken/Edgefield County Area of the State of South Carolina.
36 10. (CHE: Penn Center) Of the funds appropriated to Higher Education formula, $99,000 shall be allocated to the
37 University of South Carolina - Beaufort for the Penn Center Project. The funds allocated shall not be used for any other
38 purposes and shall not be reduced due to budget reductions.
39 11. (CHE: Midlands Tec Property Acquisition) Before disposal of the property on which the S.C. Fire Academy
40 currently resides, Midlands Technical College must first be given the option of acquiring this property.
41 12. (CHE: CHE Carry Forward) The Commission on Higher Education may carry forward into the current fiscal year
42 any unexpended general funds from the prior fiscal year to be used only for the Access and Equity Program.
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 424
1 13. (CHE: Southeastern Manufacturing Technology Center) The South Carolina Commission on Higher Education shall
2 review annually the activities of the Southeastern Manufacturing Technology Center and make a budget recommendation to
3 the General Assembly. The funds appropriated to the University of South Carolina - Columbia for the Southeastern
4 Manufacturing Technology Center may not be used for any other purpose.
5 14. (CHE: Greenville Higher Education Center Rent) Of the funds appropriated to higher education, $337,694 will be
6 allocated to Greenville Technical College to pay the annual rent for the Greenville Higher Education Center.
7 15. (CHE: Property Disposal) The governing body for each technical college, public college and university shall review
8 the real property titled in the name of its institution to determine if such property is excess to the institution's anticipated
9 needs and is available for disposal. All real properties determined to be excess may be disposed of with the approval of the
10 Budget and Control Board. The proceeds of such sales are to be disposed of as follows: If the property was acquired as a
11 gift, through tuition student fees, county funds, or earned income, the proceeds may be retained by the selling institution
12 for use in accord with established needs. The proceeds acquired from the sale of real property acquired through unique State
13 appropriations, State Capital Improvement Bonds, or formula funds are to revert to the State's General Fund. The
14 responsibility for providing any necessary documentation including but not limited to documenting the fund source, of any
15 real property proposed for sale rests with each respective institution.
16 16. (CHE: Out-of-State Tuition Subsidy) Any funds appropriated in excess of Fiscal Year 1993-94 total appropriation
17 must be allocated to the institutions for the funding of the formula for in-state students only.
18 17. (CHE: SREB Funding) Funds appropriated for SREB contracts and dues may not be transferred or reduced.
19 18. (CHE: Single-Gender Institutions) In considering the comprehensive funding needs of the various institutions of
20 higher learning, the General Assembly has taken cognizance of the decisions of federal courts in various jurisdictions which
21 have held that single-gender institutions of higher learning provide valuable and unique educational opportunities and are
22 constitutionally permissible based on legitimate public policy considerations which justify single-gender education. Studies
23 conducted by several scholars have concluded that for a variety of reasons single-gender institutions have advantages over
24 coeducational institutions in numerous areas, and the data developed suggests that the differences between a single-gender
25 student population and a coeducational one justify a state's offering single-gender education. A state nevertheless must
26 appropriate its available funds so as to provide constitutionally permissible single-gender opportunities in higher education
27 based on public policy considerations governing the expenditure of funds in support of higher education which justify single-
28 gender classifications as being in the best interests of the providing state. The General Assembly, by this proviso, declares
29 and stipulates that the public policy considerations and state interests of South Carolina in establishing, supporting, and
30 providing for single-gender institutions of higher learning are as follows:
31 A. Policy of Diversity.
32 South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program
33 emphasis, student population, and location so as to provide students with a variety of academic opportunities and experiences.
34 In compliance with this policy of diversity, South Carolina has established a variety of diverse educational post-secondary
35 institutions ranging from small colleges to large regional universities, from liberal arts programs to specific research-based
36 programs, from two-year institutions to four-year institutions with no graduate programs and to four-year institutions with
37 comprehensive graduate and professional schools. In this contest, a policy of diversity should include places for single-
38 gender institutions within the overall higher education system of this State. The single-gender institutions this State has
39 supported over the years have been as a result of the legitimate state interest and desire for diversity in its educational
40 institutions, and a belief that a diverse state program that includes both single-gender programs and coeducational programs
41 better meets the individual needs of students than does a program or policy that requires all students, without regard to
42 individual needs, to attend coeducational colleges.
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 425
1 B. Policy of Meeting Need and Demand.
2 A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public demand
3 for them continues. The citizens of South Carolina want these programs and the public interest is well served by them. A
4 tremendous demand exists now and has historically existed for the type of single-gender opportunities the State has offered.
5 It may be true that this demand is somewhat unique to South Carolina and other similar states and does not necessarily exist
6 throughout the country but, nevertheless, where sufficient demand has existed for particular single-gender programs of either
7 gender thereby justifying the expenditure of public funds to support such programs, the State of South Carolina has supported
8 such programs and has a valid state interest in doing so. The current single-gender situations in South Carolina are popular,
9 fully-subscribed, and flourishing and clearly the State has a legitimate public policy interest in offering and providing the
10 types of educational experiences, including single-gender ones, that its taxpayers and citizens desire and support. In addition,
11 where a single-gender institution produces graduates of a particular discipline, training, or expertise, and the record shows
12 that this type of training could not be as successfully developed at a coeducational institution, a legitimate and important state
13 interest is served if the State through its agencies and programs or the nation through its agencies and programs utilizes these
14 graduates for compelling state or national needs.
15 C. Policy of Autonomy.
16 In the system of higher education in place in South Carolina, each institution of higher learning is governed by a board
17 of trustees which governs the institution subject to the general law and in conjunction with the Commission on Higher
18 Education. The General Assembly has directed the Commission on Higher Education and the state's institutions of higher
19 learning to seek to create an environment in which each institution can pursue its own mission within the broader statewide
20 framework.
21 The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely. Research
22 universities offer degree programs through the doctoral level and professional programs consistent with their respective
23 missions. In addition, their missions emphasize funded research and public service activities that complement academic
24 programs. Within the context of their variety of roles and missions, senior colleges offer a broad range of degree programs
25 including graduate programs at the master's degree level in selected fields as well as public service and research programs.
26 This comprehensive system as a matter of public policy should include an institution's right to choose to offer a single-gender
27 program if sufficient demand for such a program exists and if the program fits within the broad framework of the overall
28 state educational system.
29 The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain
30 guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with its
31 stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through the
32 enactment of such vehicles as specific admission requirements based on gender or other similar requirements.
33 D. Policy of Economy of Resources.
34 The resources of the State of South Carolina available for higher education are becoming more and more scarce, and it
35 is mandatory and a compelling public policy and state interest that the available resources and funding for each institution
36 of higher learning be used in the most efficient and effective manner possible.
37 Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of
38 students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the resources
39 and assets of the State. This is true because single-gender programs avoid the duplication and additional expense that would
40 be incurred if an attempt was made to offer the unique characteristics of a single-gender program at a coeducational
41 institution. A single-gender institution can deliver some specific programs including those with holistic or adversarial
42 characteristics at less cost than can a coeducational institution and the State has a legitimate public policy interest in providing
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 426
1 these types of programs at the least possible cost. Also, consistent with its policy of providing single-gender educational
2 opportunities for the reasons enumerated herein, the State of South Carolina has found that the physical plant of a single-
3 gender institution must have certain characteristics different from those of a coeducational institution for the purpose of
4 ensuring privacy, safety, and for other such considerations. To attempt to construct or adapt the physical plant of a single-
5 gender institution for the purpose of making it suitable for coeducation would be prohibitively expensive.
6 Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, it
7 is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's higher
8 education system so that unique programs may be offered to interested students in the most economical and efficient manner
9 possible without unnecessary duplication and additional expense.
10 E. Policy of Choice.
11 Single-gender institutions and their programs provide a freedom of choice to students and their families, and the General
12 Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to be destroyed.
13 Ample choices and opportunities for college educations in mixed-gender coeducational environments exist in South Carolina
14 and in other states and those individuals desiring a single-gender choice should also have the opportunity to make such a
15 choice. Single-gender institutions are not inherently unconstitutional or unlawful, and the General Assembly believes that
16 as a matter of public policy it has a duty to offer its citizens the widest range of educational opportunities it can offer in the
17 manner allowed by law, including single-gender opportunities, so that interested students are free to choose an institution
18 which, due to its distinctive educational methods, is not diminished or impaired as a result of a coeducational requirement;
19 and
20 For the reasons and policies above provided, South Carolina has historically supported and continues to support single-
21 gender educational institutions as a matter of public policy based on legitimate state interests where sufficient demand has
22 existed for particular single-gender programs thereby justifying the expenditure of public funds to support such programs.
23 Presently in South Carolina single-gender educational opportunities exist for men at The Citadel, but do not exist for
24 women in all areas and the members of the General Assembly, by this proviso, express their belief that it is appropriate for
25 this State to begin the process of providing single-gender educational opportunities for women.
26 19. (CHE: Out-Of-State Tuition Subsidy Reduction) State-supported colleges and universities, including technical
27 colleges, shall not increase the tuition and fees charged to in-state undergraduate students until the institutions recapture and
28 maintain one hundred percent of the total education and general cost for out-of-state undergraduate students. Beginning July
29 1, 1994, the Commission on Higher Education shall reduce the subsidy for out-of-state undergraduate students by five percent
30 each year until the state subsidy is at twenty-five percent of the total education and general cost. At the end of these
31 periods, the state subsidy for such undergraduate students shall be twenty-five percent of the total education and general cost.
32 However, for Fiscal Year 1994-95, this reduction does not take effect until recurring and nonrecurring funds in excess of
33 $567,386,486 have been appropriated for the higher education formula.
34 Should there be any in-state undergraduate tuition increase in violation of this section, the appropriations in this act to
35 that institution shall be reduced by the amount generated by that increase.
36 20. (CHE: Tuition and Fee Increases Limitation) For the current fiscal year, Institutions of Higher Education, including
37 Research Institutions, 4 year institutions, 2 year institutions and technical colleges, which receive General Fund
38 Appropriations, shall not increase in-state student tuition and fees above the current year's Higher Education Price Index.
39 21. (CHE: Advanced Placement) Students successfully completing advanced placement courses and receiving a score
40 of three (3) or above on the exam shall receive advanced placement credit for each course in all post-secondary public
41 colleges in South Carolina.
42 22. (CHE: Formula Funding for Converse Women's Leadership Institute) Of the funds appropriated for the higher
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 427
1 education formula, one million four hundred thousand dollars shall be allocated to The Citadel for the Women's Leadership
2 Institute at Converse College when a female leadership program has been approved as in compliance with the federal district
3 court order. This contract will in no way make Converse College subject to the Commission on Higher Education's purview.
4 Funds shall be transferred to Converse College for students enrolled in Women's Leadership contract program on the same
5 per student basis as the per student state appropriation for cadets at The Citadel as determined under the higher education
6 formula of the Commission on Higher Education. Funds remaining after per student reimbursements, up to a total of one
7 million four hundred thousand dollars, shall be used to establish and support the Leadership Institute at Converse College.
8 23. (CHE: African-American Loan Program) Of the funds appropriated to the Commission on Higher Education for
9 the African-American Loan Program, $130,000 must be distributed to South Carolina State University, $100,000 to Benedict
10 College, and $100,000 to Voorhees College for a loan program with the major focus of attracting African-American males
11 to the teaching profession.
12 24. (CHE: Scholarship and Grants Allocation) (1) Of the funds made available for higher education scholarship grants
13 from the higher education scholarship grant allocation under Section 59-143-10 of the 1976 Code for any year, a percentage
14 thereof must be allocated for higher education scholarships and grants for students attending South Carolina independent
15 colleges of higher learning in this State. This percentage shall be equivalent to the percentage of the independent colleges'
16 share of the total South Carolina resident undergraduate full-time equivalent (FTE) enrollment of all public and independent
17 higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher
18 Education and the SC Tuition Grants Commission.
19 (2) The allocation each year to students at the South Carolina independent colleges under item (1) above shall be used
20 to provide tuition grants under Chapter 113 of Title 59 of the 1976 Code, and Palmetto Fellows Scholarships under Section
21 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual General Appropriation Act.
22 Of the funds allocated to independent college students, 50% shall be awarded for South Carolina Tuition Grants and 50%
23 shall be awarded under the Palmetto Fellows Program. The funds allocated for South Carolina Tuition Grants to SC
24 independent college students under this section shall be included in the annual appropriation to the Commission on Higher
25 Education and transferred annually into the budget of the SC Tuition Grants Commission in the amount prescribed in (1)
26 above. The funds allocated for Palmetto Fellows Scholarships to SC independent college students under this section shall
27 be included in the annual appropriation to the Commission on Higher Education and may only be awarded to eligible students
28 attending SC independent colleges.
29 (3) Independent colleges for purposes of this subsection means those institutions eligible to participate in the South
30 Carolina Tuition Grants Program as defined by Section 59-113-50.
31 (4) Public institutions shall receive the remaining allocation each year of the funds made available for higher education
32 scholarship grants under Section 59-143-10. One-half shall be used to provide higher education need-based grants as
33 provided for in this act or otherwise provided for in state law, and one-half shall be used to provide Palmetto Fellows
34 Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual
35 General Appropriation Act.
36 (5) The maximum amount of funding provided for awards to students attending SC independent colleges from the
37 Children's Education Endowment for South Carolina Tuition Grants and Palmetto Fellows shall not exceed the percentage
38 funding calculation described under item (1) above.
PAGE 428
1 H06 - SECTION 18B - HIGHER EDUCATION TUITION GRANTS
2
3 1. (HETG: Disbursal of Grant Funds/Interest Earnings) South Carolina Tuition Grants Program funds shall be
4 disbursed to eligible students on a semester-by-semester basis. Interest accrued on the balance of undisbursed tuition grants
5 programs funds on deposit with the State Treasurer's Office from September 15 through December 31 shall be calculated
6 by the State Treasurer's Office and transferred within 30 days to the South Carolina Tuition Grants Program to be awarded
7 as tuition grants to eligible students.
8
9
10 H09 - SECTION 18C - THE CITADEL
11
12 1. (CIT: Women's Leadership Program) The funds appropriated in Part IA, Section 18C, of this act and any other
13 funds appropriated in any other appropriation act for the Women's Leadership Program must be used exclusively for the
14 support of the Women's Leadership Program. Provided further, that no funds may be expended if the Fourth Circuit Court
15 of Appeals renders a decision which would prevent the establishment of the Women's Leadership Program as established
16 in Part II of this act and the appropriation authorization shall revert to the General Fund.
17
18
19 H45 - SECTION 18K - UNIVERSITY OF SOUTH CAROLINA
20
21 1. (USC: Palmetto Poison Control Center) Of the funds appropriated or authorized herein, the University of South
22 Carolina shall expend at least $150,000 on the Palmetto Poison Control Center.
23 2. (USC: Public Service Activities) Of funds appropriated to the University of South Carolina in Section 18KA for
24 public service activities, $25,000 shall be provided for the continuing operation of the Gerontology Project, $90,624 shall
25 be provided for the Law Enforcement Census and Annual Law Enforcement Report which is to be prepared by the Office
26 of Agency Research and Service, College of Criminal Justice, and $20,000 for the Old Fort Congaree Project.
27 3. (USC: Confederate Relic Room Rent) Rent charged by the University of South Carolina to the Confederate Relic
28 Room, for the use of space occupied as of June 30, 1992, shall not be increased above the 1991-92 level.
29 4. (USC: Child Development Centers - Indirect Cost Partial Waiver) The University of South Carolina, Columbia,
30 Lancaster, Spartanburg, and Union Campuses shall be allowed to apply a 5% indirect cost rate for their four early childhood
31 education centers supported by the SC Health and Human Services Block Grant for FY 93-94.
32 5. (USC: Indirect Cost Recovery Waiver for Summer Food Service Program) The University of South Carolina is
33 granted partial waiver of the remittance of indirect cost recoveries for the Summer Food Service Program supported by the
34 Federal Department of Agriculture through the Department of Social Services. The waiver may not exceed the amount of
35 direct administrative cost for the program.
36
37
38 H54 - SECTION 18M - MEDICAL UNIVERSITY OF S.C.
39
40 1. (MUSC: Family Practice Residency System) Statewide family practice residency system funds appropriated for
41 faculty salaries, teaching services, and consultant fees may only be expended when the above activities are accomplished for
42 educational purposes in the family practice centers. Authorization is hereby granted to the Medical University of South
SECTION 18M - MEDICAL UNIVERSITY OF SOUTH CAROLINA PAGE 429
1 Carolina to expend such funds in hospital-based clinical settings apart from the consortium hospital, when such settings are
2 determined by the President of the Medical University of South Carolina with approval of the Board of the Medical
3 University to provide appropriate educational experience and opportunities to the family practice residents and these funds
4 shall not be transferred to any other program.
5 2. (MUSC: Ombudsman Program) From the funds appropriated in this section, the Medical University of South
6 Carolina shall provide the space needed for the Ombudsman Program of the Office of the Governor and shall provide
7 pertinent written statements, documents, exhibits and other items, as well as any other assistance, that is deemed necessary
8 for the performance of the program's mandates.
9 3. (MUSC: AHEC Residency Programs Formula Funding) South Carolina Area Health Education Consortium (S.C.
10 AHEC) shall be awarded funding for the Statewide Family Practice Residency System and the Graduate Doctor Education
11 Program based on the appropriate formula, as approved by the S.C. AHEC and the Commission on Higher Education, and
12 the level of funding shall be the same percentage as the other State Institutions of Higher Education.
13 4. (MUSC: AHEC Residency Programs Funds) Funds allocated for the residency programs (Statewide Family Practice
14 and Graduate Doctor Education) shall be used for those programs only. Funds allocated for the Area Health Education
15 Center program shall be used for that program only.
16 5. (MUSC: AHEC Rural Physician Recruitment Program) The SC AHEC physician recruitment office shall administer
17 the funds appropriated to The Medical University of South Carolina for the "Rural Physician Recruitment Program". The
18 fiscal and management affairs shall be the responsibility of the Medical University of South Carolina. A Board is hereby
19 created to oversee the selection process and allocation of these funds. The Board will be composed of the following: The
20 Executive Director, or his designee, of the SC Primary Care Association; the Dean, or his designee, of the USC School of
21 Medicine; the Executive Director, or his designee, of the SC Medical Association; two representatives from rural health care
22 settings, one to be appointed by the Chairman of the Senate Medical Affairs Committee and one to be appointed by the
23 Chairman of the House Medical, Military, Public and Municipal Affairs Committee; the Commissioner, or his designee, of
24 the Department of Health and Environmental Control; the Executive Director, or his designee, of the South Carolina Hospital
25 Association; and the Commissioner, or his designee, of the Commission on Higher Education.
26 6. (MUSC: Diabetes Center of Excellence) Of the funds appropriated to the Medical University of South Carolina,
27 $159,000 shall be used for a Diabetes Center of Excellence.
28 7. (MUSC: Medical School Graduates Statistics) From the funds appropriated in Part IA, Section 18MC, Program II.
29 Family Practice for classified positions and other operating expenses, the State Office of Rural Health shall compile the
30 statistics on the number of graduates of USC School of Medicine and Medical University of South Carolina who are actually
31 practicing medicine as primary care physicians in South Carolina, with said statistics to include specific data as to the type
32 of specialization of any internists and to include the number of graduates who are practicing in rural or underserved areas
33 of this state; and such data shall be reported to the General Assembly by January 1, 1996.
34
35
36 H59 - SECTION 18N - TECHNICAL & COMPREHENSIVE EDUCATION
37
38 1. (TEC: Real Property Acquisition) Before any local technical education area commission may acquire any real
39 property, the approval of the State Board for Technical and Comprehensive Education and the State Budget and Control
40 Board and the Joint Bond Review Committee shall be obtained.
41 2. (TEC: Training of New & Expanding Industry) Notwithstanding the amounts appropriated in this section for
42 "Special Schools", it is the intent of the General Assembly that the State Board for Technical and Comprehensive Education
SECTION 18N - TECHNICAL & COMPREHENSIVE EDUCATION PAGE 430
1 expend whatever available funds as are necessary to provide direct training for new and expanding business or industry.
2 In the event expenditures are above the appropriation, the appropriation in this section for "Special Schools" shall be
3 appropriately adjusted, if and only if, revenues exceed projections and the Budget and Control Board and the Joint
4 Appropriations Review Committee approve the adjustment.
5 3. (TEC: Training of New & Expanded Industry Carry Forward) In addition to the funds appropriated in this section,
6 any of the funds appropriated under this section for the prior fiscal year which are not expended during that fiscal year may
7 be carried forward and expended for direct training of new and expanding industry in the current fiscal year.
8 4. (TEC: Training for New and Expanded Industry - Payments of Prior Year Expenditures) The State Board for
9 Technical and Comprehensive Education may reimburse business and industry for prior year training costs billed to the
10 agency after fiscal year closing with the concurrence of the Comptroller General.
11 5. (TEC: Special Events Entity) That upon establishment of a new non-profit corporation that formerly functioned as
12 a program component of the State Board for Technical and Comprehensive Education, the accumulated balance of Other
13 Funds revenues net of all liabilities of that component's operations be transferred as appropriate to the new corporation
14 during Fiscal Year 1996-97. Also, ownership of the equipment purchased from the Other Funds revenues will be transferred
15 to the new entity.
16
17
18 H63 - SECTION 19 - DEPARTMENT OF EDUCATION
19
20 1. (SDE: Agriculture Teachers) The funds appropriated for "Aid to School Districts - 12 Months Agriculture Teachers"
21 in Section XIII, shall be used to cover the additional cost to school districts of placing all vocational agriculture teachers on
22 twelve-month contracts.
23 2. (SDE: Appropriation Transfer Prohibition) The amounts appropriated herein for aid to subdivisions, allocations
24 to school districts, or special line items shall not be transferred and must be expended in accordance with the intent of the
25 appropriation.
26 3. (Attendance/Lunch Supervisors) The amounts appropriated in this section for Attendance Supervisors and for County
27 School Lunch Supervisors shall be used for the payment of salaries of one attendance supervisor and one lunch supervisor
28 for each county. In the absence of a County Board of Education or with the approval of the County Board of Education in
29 multi-district counties, the salary will be proportionately distributed among the districts of the county on the basis of the 135
30 average daily membership of the prior year, provided that such funds must be used for the supervision of the Attendance
31 Program and the supervision of the School Food Service Program respectively. For the current fiscal year the local
32 supplement to salaries of county School Lunch Supervisors and School Attendance Supervisors shall not be reduced below
33 the supplements paid in the prior fiscal year.
34 4. (SDE: Child Development Centers) School districts which operate Social Services Block Grant Child Development
35 Centers shall be exempt from Department of Education rules and regulations concerning Child Development Centers during
36 the current fiscal year.
37 5. (SDE: County Boards of Educations) In any county with a total population of 225,000 or more made up of more
38 than one school district where the funding for the county board of education is provided through a "minimum foundation
39 fund" which consists of monies remaining after allocations of ad valorem school taxes to each school district, no such funding
40 for the current year may go to the county board of education and instead shall be allocated to the school districts of the
41 county on the prevailing funding formula utilized during the 1993-94 school year for the distribution of minimum foundation
42 funds.
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 431
1 6. (SDE: Darlington Desegregation Lawsuit) Funds appropriated, pursuant to this act or any other act, to the
2 Department of Education for the purpose of effectuating a settlement of the Darlington Desegregation lawsuit brought against
3 the State of South Carolina or any of its political subdivisions may not be transferred or expended for any purpose other than
4 the lawsuit for which the funds were appropriated. Unexpended funds may be carried forward from the prior fiscal year to
5 be expended for the same purposes in the current fiscal year.
6 7. (SDE: Day Care Centers) The State Department of Education shall promulgate regulations and competitive
7 guidelines to enable any school district in the State to compete for funds to establish day care centers and receive funds from
8 appropriations to day care centers if the district's day care program is approved by the department. The school districts
9 added to the day care center program may initiate their programs beginning with the current school year.
10 Funding, not to exceed those appropriated as Direct Aid to School Districts for Day Care Centers, shall be distributed
11 to those Day Care Programs that have met the Standards as set by the Department of Education in 1983-84. These funds
12 shall be distributed proportionate to the funds received in the prior fiscal year.
13 8. (SDE: DHEC - Comprehensive Health Assessment) Of the funds appropriated to the Department of Education-
14 Administration, $94,658 must be transferred to DHEC to provide comprehensive health assessments for children entering
15 first grade in school districts having more than fifty percent of the students qualifying for free and reduced price lunches.
16 All school districts shall participate, to the fullest extent possible, in the Medicaid program by seeking appropriate
17 reimbursement for services and administration of health and social services. Reimbursements to the school districts shall
18 not be used to supplant funds currently being spent on health and social services. DHEC shall coordinate with the State
19 Department of Education and the Department of Health and Human Services in submission of a report to the Senate
20 Education Committee and House Education and Public Works Committee on the effectiveness of health and social programs
21 in identifying and improving children's health status and the need for follow-up and/or additional services.
22 9. (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the intent
23 of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an
24 inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees in the
25 Southeast. The base student cost for FY 95-96 96-97 has been determined to be $1,684, $1,760 which includes a 4.0% 4.5%
26 inflation factor.
27 Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school
28 districts for school building aid on a non-matching basis on the same basis that districts receive Education Finance Act
29 allocations.
30 The Department of Education shall carry forward any unallocated EFA funds from FY 95-96, which shall be used to
31 purchase student transport vehicles or bus parts.
32 10. (SDE: EFA - Formula) The amount appropriated in Part IA, Section 19 for "Education Finance Act" shall be the
33 maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate
34 of all recipients. The South Carolina Education Department shall develop formulas to determine the State and required local
35 funding as stipulated in the South Carolina Education Finance Act of 1977. Such formulas shall require the approval of the
36 State Board of Education and the Budget and Control Board. After computing the EFA allocations for all districts, the
37 Department shall determine whether any districts' minimum required local revenue exceeds the districts' total EFA
38 Foundation Program. When such instance is found, the Department shall adjust the index of taxpaying ability to reflect a
39 local effort equal to the cost of the districts' EFA Foundation Program. The districts' weighted pupil units are to be included
40 in determination of the funds needed for implementation of the Education Finance Act statewide.
41 In the event that the formulas as devised by the Department of Education and approved by the State Board of Education
42 and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 432
1 appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each
2 school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with
3 the total funds appropriated for this purpose. If a reduction is required in the State's contribution, the required local funding
4 shall be reduced by the proportionate share of local funds per weighted pupil unit. The Department of Education shall
5 continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic
6 adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds.
7 Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number
8 in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student
9 cost exceeds the appropriated base student cost of the prior fiscal year.
10 11. (SDE: Employer Contributions/Allocations) It is the intent of the General Assembly that the appropriation contained
11 herein for "Public School Employee Benefits" shall not be utilized to provide employer contributions for any portion of a
12 school district employee's salary which is federally funded.
13 State funds allocated for school district employer contributions must be allocated by the formula and must be used first
14 by each district to cover the cost of fringe benefits for personnel required by the Defined Minimum Program, food service
15 personnel and other personnel required by law. Once a district has expended all state allocated funds for fringe benefits,
16 the district may utilize food service revenues to fund a proportionate share of fringe benefits costs for food service personnel.
17 The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under the
18 fringe benefits program in accordance with criteria established for all school districts.
19 12. (SDE: Employer Contributions/Obligations) In order to finalize each school district's allocations of Employer
20 Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a
21 school district's allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement
22 System from the prior fiscal year. In the event the Department of Education is notified that an Educational Subdivision has
23 failed to remit proper payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to
24 withhold the Educational Subdivision's state funds until such obligations are met.
25 13. (SDE: Fees - Incidental & Matriculation) Notwithstanding any other provision of law, the board of trustees of any
26 school district which does not have the authority by any special act of the General Assembly to charge the cost of educational
27 materials and supplies is authorized to charge a fee to offset the cost of education materials and supplies. The board of
28 trustees of each school district which charges such fees is directed to develop rules and regulations for such fees which take
29 into account the students' ability to pay and to hold the fee to a minimum reasonable amount. Fees may not be charged to
30 students eligible for free lunch and must be pro rata for students eligible for reduced price lunches, if the parents or guardians
31 of these students so request.
32 14. (SDE: Governor's School for Science & Math) Any unexpended balance on June 30, of the prior fiscal year of funds
33 appropriated to or generated by the Governor's School for Science and Mathematics may be carried forward and expended
34 in the current fiscal year pursuant to the direction of the Board of Trustees of the School. Of the general fund appropriation
35 to the Governor's School for Science and Mathematics, $30,000 must be used to provide for library and facilities
36 improvements at Coker College that will be of benefit both to the College and the School.
37 15. (SDE: Handicapped/Educational Responsibility) Notwithstanding any other provision of law, the responsibility for
38 providing a free and appropriate public education program for all children including handicapped students is vested in the
39 public school district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state
40 operated health care facility including a facility for treatment of mental illness or chemical dependence located within the
41 jurisdiction of the school district. The districts concerned may agree upon acceptable local cost reimbursement. If no
42 agreement is reached, districts providing education shall receive from the district where the child last resided before
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 433
1 placement in a facility an additional amount equivalent to the statewide average of the local base student cost multiplied by
2 the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. If a child from out-of-state
3 is being resided in a facility owned and/or operated by a for profit entity, the district providing educational services shall
4 be reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base
5 student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.
6 School districts providing the education shall notify the non-resident district in writing within 45 calendar days that a student
7 from the non-resident district is receiving education services pursuant to the provisions of the proviso. The notice shall also
8 contain the student's name, date of birth, and handicapping condition if available. If appropriate financial arrangements
9 cannot be effected between institutions of the state and school districts, institutions receiving educational appropriations shall
10 pay the local base student cost multiplied by the appropriate pupil weighting. Children residing in institutions of state
11 agencies shall be educated with non-disabled children in the public school districts if appropriate to their educational needs.
12 Such institutions shall determine, on an individual basis, which children residing in the institution might be eligible to receive
13 appropriate educational services in a public school setting. Once these children are identified, the institution shall convene
14 an IEP meeting with officials of the public school district in which the institution is located. If it is determined by the
15 committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the
16 school district in which the institution is located must provide the educational services. However, that school district may
17 enter into contractual agreements with any other school district having schools located within a 45 mile radius of the
18 institution. The cost for educating such children shall be allocated in the following manner: the school district where the
19 child last resided before being placed in an institution shall pay to the school district providing the educational services an
20 amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as
21 set forth in Section 59-20-40 of the Education Finance Act; the school district providing the educational services shall be
22 able to count the child for all funding sources, both state and federal. The institution and school district, through contractual
23 agreements, will address the special education and related services to be provided to students. Should the school district
24 wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the
25 institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities
26 Education Act.
27 16. (SDE: Handicapped/Preschool Children) The State funding for free appropriate public education provided for the
28 three and four year old disabled children served under Act 86 of 1993 shall be distributed based on the district's index of
29 taxpaying ability as defined in Section 59-20-20(3). Five-year-old disabled children shall continue to be funded under the
30 Education Finance Act of 1977.
31 17. (SDE: Health Education) Funds previously appropriated to the Department of Education ($100,000) for a mobile
32 health van shall be redirected to the school building fund.
33 18. (SDE: Instruction in Juvenile Detention Centers) It shall be the responsibility of the School District where a local
34 Juvenile Detention Center is located to provide adequate teaching staff and to ensure compliance with the educational
35 requirements of this state. Students housed in local detention centers are to be included in the average daily membership
36 count of students for that district and reimbursement by the Department of Education made accordingly.
37 19. (SDE: Mandatory Minute of Silence) All schools shall provide for a minute of mandatory silence at the beginning
38 of each school day.
39 20. (SDE: Non-Recurring: School-Library Resource Materials) Of the funds appropriated for school library resource
40 materials, $1,000 shall be distributed to each school district with remaining funds distributed on a per pupil basis.
41 21. (SDE: Public School Employee Cost Savings Program) The State Department of Education, with resources
42 appropriated in Section 19, shall implement the Public School Employee Cost Savings Program as authorized in Section 59-1-
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 434
1 452 for the purpose of making cash awards to individual school district employees for cost savings ideas which are proven
2 to be workable.
3 22. (SDE: Revenue Authorization) The State Department of Education is hereby authorized to collect, expend, and carry
4 forward revenues in the following areas to offset the cost of providing such services: the sale of publications, brochures,
5 photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and
6 high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration fees for non-
7 SDE employees, recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; the provision
8 of contract computer services to school districts and other state agencies, joint broadcast service to school districts, and
9 education-related statistics through agreement with the National Center for Education Statistics; the lease or sale of programs
10 of television, audio or microcomputer software; the collection of damage fees for instructional materials and the sale of
11 unusable instructional materials; the use of transportation equipment and the sale of used school buses and support equipment.
12 The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material
13 purchases and test rescoring fees.
14 23. (SDE: School District Bank Accounts) Notwithstanding any other provisions of law, each school district in this
15 State, upon the approval of the district's governing body, may maintain its own bank account for the purpose of making
16 disbursement of school district funds as necessary to conduct school district business and each county treasurer is hereby
17 authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing body or their
18 designee. Such order shall contain a statement that such amount is for immediate disbursement for the payment of correct
19 and legal obligation of the school district.
20 24. (SDE: School Lunch Program Aid) The amount appropriated herein for School Lunch Program Aid shall be divided
21 among the County Boards of Education of the State upon the basis of the number of schools participating in the School Lunch
22 Program in each county during the prior school year. The travel expenses of the County School Lunch Supervisor shall be
23 paid from this appropriation at the prevailing rate of mileage allowed by the State. These funds may be used as an aid in
24 improving the School Lunch Program. These funds may not be used to supplement the salaries of school lunch supervisors.
25 In the absence of a County Board of Education in multi-district counties, the funds will be divided among the school districts
26 of the county on the basis of the number of schools participating in the School Lunch Program in each district during the
27 prior school year.
28 25. (SDE: Teacher Classification/Other Agencies) Employees in teaching positions in schools operated by the
29 Department of Juvenile Justice, the S. C. Department of Corrections and the South Carolina School for the Deaf and the
30 Blind shall be exempt from classification by the Division of Budget and Analyses during the current fiscal year. Employees
31 in teaching positions in schools operated by John De La Howe and Wil Lou Gray Opportunity School, at the discretion of
32 the agency, are exempt from classification by the Office of Human Resources.
33 26. (SDE: Teacher of the Year) Any balance on June 30 of the prior fiscal year for the Teacher of the Year Program
34 may be carried forward and expended for the same purpose during the current fiscal year.
35 27. (SDE: Teachers/Temporary & Emergency Certificates) Of the funds provided for teacher salaries funds may be used
36 to pay salaries for those teachers holding temporary or emergency certificates which shall remain valid for the current school
37 year if the local board of education so requests. The State Department of Education shall submit to the General Assembly
38 by March 1, of the current fiscal year, a report showing by district the number of emergency certificates by category;
39 including an enumeration of the certificates carried forward from the previous year. No temporary or emergency certificate
40 shall be continued more than twice.
41 28. (SDE: Testing/Continuous Assessment) Of the funds appropriated under Section III, Division of Policy, the
42 Department of Education is authorized to use funds currently allocated for testing in grades 1, 2 and 6 to pilot-test and field-
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 435
1 test a continuous assessment system for Kindergarten through grade 3 and for piloting new items for the state assessment
2 system. The progress in the piloting and field-testing in selected schools or districts of the continuous assessment system
3 must be reported to the Senate Education and House Education Committees no later than March 1, 1996. 1997.
4 Notwithstanding any other provision of law, for the 1995-96 1996-97 school year the basic skills assessment tests will
5 not may be administered in grades 1 and 2; and only the Basic Skills science and writing tests will be administered in grade
6 6; all other Basic Skills tests will continue to be administered in the established grades.
7 29. (SDE: Student Performance System) Of the funds appropriated for the Basic Skills Assessment Program, not more
8 than $250,000 may be used to expand the Twelve Schools Project to include a total of 36 sites and for regional professional
9 development training for other schools based on the Twelve Schools Project. The 36 sites will work with the State
10 Department of Education and the SC Curriculum Congress to develop multi-tiered assessments to be aligned with curriculum
11 frameworks as a basis for a revised student performance system. As part of the revised student performance system, alternate
12 criteria for determining the placement and promotion of students shall be developed and implemented. Schools participating
13 in this project shall be excused from participation in the state mandated testing programs, except for the exit exam, and shall
14 be considered in compliance with the programs provided for in SC Code Sections 59-5-65, 59-18-10, 59-18-11, 59-18-15,
15 59-18-30, and 59-21-800 with no effect on deregulation status.
16 30. (SDE: Transportation/Demonstration Sites) The Department of Education may designate the Charleston, Beaufort
17 and/or Jasper County School Districts as demonstration sites for privatization of student transportation services and for the
18 coordination of community based public transportation services. Funding for these pilot sites shall not exceed that presently
19 utilized to support school transportation in the site(s). Appropriated funds for school bus maintenance, gas, drivers and
20 fringe benefits are to be used for this project.
21 31. (SDE: Travel/Outside of Continental U.S.) School District allocations from General Funds and EIA funds shall not
22 be used for travel outside of the continental United States.
23 32. (SDE: Year End Closeout) The State Department of Education is authorized to expend Federal and Earmarked
24 Funds (not including State or EIA Funds) in the current fiscal year for expenditures incurred in the prior year. The
25 Department is also authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal
26 year.
27 33. (SDE: Technology Initiative) DELETED
28 34. (SDE: Transportation Collaboration) The Department of Education School Bus Maintenance Shops shall be
29 permitted, on a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or
30 operated by public agencies in South Carolina or their agents.
31 School Buses operated by school districts, head start agencies or their agents for the purpose of transporting students for
32 school or school related activities shall not be subject to State Motor Fuel taxes. Further, that school districts, head start
33 agencies or their agents may purchase this fuel, on a cost reimbursable-plus basis, from the Department of Education School
34 Bus Maintenance Shops.
35 35. (SDE: Greenville Joint Use Transportation Facility Study) The Department of Education, in consultation with the
36 Budget and Control Board and the Department of Transportation is directed to proceed with a study to determine the
37 feasibility of operating a joint-use maintenance and operations facility in Greenville County. The study should address, but
38 not be limited to, the market value of the property known as the Greenville School Bus Maintenance Shop, the cost of the
39 new facility, the cost of preparing the old facility for disposal and all other associated relocation expenses. Service needs
40 of the Greenville School District Bus Operations, SDE School Bus Maintenance, the Division of General Service/Motor
41 Vehicle Management Office, and the Department of Transportation should also be addressed.
42 36. (School District Private Contracting Solicitation) Prior to January 31, 1997, the State Department of Education shall
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 436
1 solicit RFP's from the private sector for the delivery of school transportation services. The Department of Education shall
2 submit a summary report of all solicitations to the House Ways and Means Committee by February 5, 1997. In order to
3 ensure bid uniformity, the Office of General Services of the Budget and Control Board is directed to design minimum RFP
4 packages. The State Department of Education may amend the RFP specifications but must not reduce the minimum
5 requirements prescribed. The Department shall develop a cost allocation plan for each district which shall include all direct
6 and indirect costs for bus services funded by the State. The plan shall be submitted to the Budget and Control Board by
7 November 15, 1996, for analysis, review and approval. Such cost allocation plan shall be confidential until all proposals
8 are received.
9
10
11 H63 - SECTION 19A - DEPARTMENT OF EDUCATION - EIA
12
13 1. (SDE-EIA: X-Dyscalculia Guidelines) The State Department of Education is directed to develop guidelines for
14 allowing students with dyscalculia and other learning disabilities in mathematics to use calculators in the math portion of the
15 exit examination to be in effect in time for the Summer 1995 administration of the exam. Of the funds appropriated under
16 III. Division of Policy, Other Operating Expenses, no more than $1,000 may be used for this purpose.
17 2. (SDE-EIA: Local Financial Support) There shall be no required local match for Education Improvement Act funds
18 appropriated in Part IA, Section 19X. This shall not impact or alter the requirements of 59-21-1030, level of financial
19 effort per pupil required of each school district; application for waiver. The inflationary increase required for local financial
20 effort as defined in Section 59-21-1030 for FY 96-97 is 3.5%.
21 3. (SDE-EIA: Prohibition on Appropriation Transfers) The amounts appropriated herein for aid to subdivisions or
22 allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the
23 appropriation.
24 4. (SDE-EIA: Revenue Shortfall) A minimum of one-half of one percent of the total estimated EIA revenue must be
25 appropriated for School Building Aid. In the event that an official EIA revenue shortfall is declared, the appropriation for
26 EIA School Building Aid shall be reduced by the amount necessary to offset the shortfall. Should EIA School Building Aid
27 not be sufficient, each remaining EIA program shall be reduced on a pro rata basis as necessary to compensate for the total
28 revenue shortfall. Funds appropriated for EIA teacher salaries and related fringe benefits in Part IA, Section 19X.C.1. are
29 exempt from such reduction.
30 5. (SDE-EIA: X-School Building Aid) All funds appropriated to the Department of Education for the support and/or
31 administration of an EIA program, initiative, or project eliminated or no longer active; and for which the Department of
32 Education provides no related service or support in conjunction with Act 135 or other EIA programs, shall be transferred
33 to the school building fund for allocation to the local school districts.
34 6. (SDE-EIA: XA-Adult Education/Literacy) From the EIA funds provided in Part IA, Section 19X.A. for adult
35 education, $150,000 must be used to provide for ten pilot projects for rural literacy development. In addition, each county
36 shall receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and those
37 reading at or below the eighth grade level. The school districts may provide this service or may contract to have this service
38 provided. In multi-district counties, the districts must agree on the method of service delivery for the entire county and select
39 one district to serve as the fiscal agent.
40 7. (SDE-EIA: XA-Advanced Placement) Of the funds appropriated in Part IA, Section 19X.A. for Advanced
41 Placement, no more than $500,000 must be made available on a flat rate per class basis to schools offering "singleton"
42 Advanced Placement classes with a student/teacher ratio equal to or less than ten to one. The State Board of Education shall
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 437
1 develop guidelines for the distribution of these "singleton" funds. The remaining AP funds must be distributed to the school
2 districts of the state based upon the 135 day count of AP students served. AP funds may be used to defray the testing costs
3 of the International Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate
4 provided for Advanced Placement examinations.
5 8. (SDE-EIA: XA-Distribution) The money appropriated in Part IA, Section 19X. Education Improvement Program,
6 A. Raise Academic Standards-Credits HS Diploma shall be distributed to the school districts of the state based upon the 135
7 day count of Average Daily Membership.
8 9. (SDE-EIA: XA-Gifted & Talented) Notwithstanding the provisions for Section 59-29-170, ten percent (10%) of the
9 total state dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically gifted and
10 talented students in grades 3-12. The State Department of Education shall allocate to districts a proportionate share of the
11 ten percent (10%) based on the preceding year's total average daily membership in grades 3-12. School districts shall service
12 students identified as artistically gifted and talented in one or more of the following visual and performing arts areas: dance,
13 drama, music and visual arts areas. Districts may utilize their proportionate share of the ten percent (10%) for the purpose
14 of contracting with other entities to provide services to students identified as artistically gifted and talented if personnel or
15 facilities are not available in the school district for that service. The remaining ninety percent (90%) of the state dollars
16 appropriated for gifted and talented programs shall be expended in accordance with Section 59-29-170. Each district
17 receiving funds for the gifted and talented program shall include an accelerated component as a part of its academically gifted
18 and talented program. EIA-Gifted and Talented funds may be carried forward and expended for the same purpose in summer
19 programs the current fiscal year.
20 10. (SDE-EIA: XA-Gifted & Talented/CHE 8th Grade Advisement) Of the funds appropriated in Part IA, Section
21 19.X.A. Gifted and Talented, $402,250 shall be used by the Commission on Higher Education to be expended on the eighth
22 grade advisement program. The Commission on Higher Education must provide a report on the effectiveness of the
23 advisement program to the Select Committee by October 1.
24 11. (SDE-EIA: XA-Gifted & Talented/Governor's School for Arts) Of the funds appropriated in Part IA, Section
25 19X.A. for Gifted and Talented Program, $135,000 must be provided to the Governor's School for the Arts for training
26 teachers, administrators and supervisory personnel to work effectively in the identification, program development and
27 evaluation of artistically talented students and for the Outreach Program. The Governor's School for the Arts shall report
28 to the Select Committee on the effectiveness of the training and Outreach programs annually by October 1.
29 12. (SDE-EIA: XA-Gifted & Talented/Jr. Academy of Science) Of the funds appropriated in Part IA, Section 19X.A.
30 Gifted & Talented, $5,000 must be provided to the Junior Academy of Science. The Department of Education must provide
31 a report on the effectiveness of the Academy to the EIA Select Committee by October 1.
32 13. (SDE-EIA: XA-Handicapped Student Services) The money appropriated in Part IA, Section 19X.A. for Handicapped
33 Student Services shall be used only for educational services for trainable mentally handicapped pupils and profoundly
34 mentally handicapped pupils.
35 14. (SDE-EIA: XA-Junior Scholars) The State Board of Education, through the Department of Education, must provide
36 a report on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 19X.A. to the EIA Select
37 Committee by October 1.
38 15. (SDE-EIA: XA-Vocational Equipment/Wil Lou Gray) Of the funds appropriated in Part IA, Section 19X.A.
39 Modernize Vocational Equipment, $60,000 shall be transferred to the Wil Lou Gray Opportunity School to support its
40 vocational education component.
41 16. (SDE-EIA: XB-Academic Assistance/Carry Forward) Any unexpended balance from the prior fiscal year in the EIA
42 appropriations in Part IA, Section 19X.B. for Academic Assistance may be carried forward to the current fiscal year by
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 438
1 school districts to be expended to operate summer programs in accordance with their Academic Assistance long range plans.
2 17. (SDE-EIA: XB-Academic Assistance/Curriculum Development) Funds appropriated in Part IA, Section 19X.B. for
3 Basic Skills Act 135 of 1993 Other Operating must be used by the Department of Education to provide schools and school
4 districts with technical assistance on curriculum development, including implementing the Curriculum Frameworks, and
5 instructional improvement in keeping with the intent of Act 135 of 1993 (59-139-05 and 59-139-10 of the SC Code of Laws)
6 as provided in regulations promulgated by the State Board of Education.
7 18. (SDE-EIA: XB-Academic Assistance/Early Child Development) A portion of the funds appropriated in Part IA,
8 Section 19X.B. for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if such
9 change promotes better coordination of state and federal funds provided for programs for these students. Districts requesting
10 this waiver from the State Board of Education must demonstrate how the use of these funds is in keeping with their long
11 range plan and how the needs of the students in grades 4-12 will be met.
12 19. (SDE-EIA: XB-Academic Assistance/Formula Funding & Distribution) Notwithstanding any other provision of law,
13 the total funding in Part IA, Section 19X.B. for the 4-12 Academic Assistance component of Act 135 of 1993 shall be based
14 on a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of K-3
15 students eligible for free and reduced lunch to the 4-12 average daily membership; and funding for individual districts shall
16 be based on two equally weighted factors; the district's derived lunch percentage for grades 4-12 and its four year average
17 for the number of 4-12 students "not meeting" standard on the state's testing programs for the years 1990-1993.
18 20. (SDE-EIA: XB-Academic Assistance/Reading Recovery) Of the EIA funds appropriated herein for the Academic
19 Assistance Act 135, $600,000 shall be used for the Reading Recovery programs throughout the State. Specific funding of
20 these programs will be phased out by Fiscal Year 1996-97. The State Department of Education shall report to the EIA Select
21 Committee on the allocation and expenditure of these funds by October 1.
22 21. (SDE-EIA: XB-Academic Assistance/Remedial Adult Education) Of funds appropriated in Part IA, Section 19X.B.
23 for Academic Assistance an amount not to exceed $1,000,000 must be used for adult education students scoring below the
24 BSAP standard on any portion of the exit examination at a weight of .114 of the base student cost as defined in the
25 Education Finance Act.
26 22. (SDE-EIA: XB-Academic Assistance/Remedial Writing Teachers) Of funds appropriated for Education Improvement
27 Act Programs, Academic Assistance, $312,000 must be provided to the Writing Improvement Network of the University of
28 South Carolina to support staff development for teachers of remedial writing. The South Carolina Educational Policy Center
29 must report to the EIA Select Committee on the activities and effectiveness of the program no later than April 15 of the
30 current fiscal year.
31 23. (SDE-EIA: XB - Half Day Program for Four-Year-Olds) Funds appropriated in Part IA, Section 19X.B. for half-day
32 programs for four-year-olds shall be based on the previous three years' average for students tested as "not ready" on the
33 CSAB, however, no district shall receive less than 75 90 percent of the amount it received in the prior fiscal year. Districts
34 previously funded through General Fund Day Care shall receive funding from Part IA, Section 19X.B. for half-day programs
35 for four-year-olds at no less than 90 percent of the amount received in the prior fiscal year.
36 24. (SDE-EIA: XC-Black History) Funds provided for the development of the Black History curricula may be carried
37 forward into the current fiscal year to be expended for the same purpose.
38 25. (SDE-EIA: XC-Critical Teacher Needs) Funds appropriated for EIA-Critical Teacher needs must be used for courses
39 which support instructional techniques and strategies in keeping with the intent of Act 135 of 1993, the Middle Schools
40 Project, the Preparation for Technologies Program, Curriculum Frameworks, or need established in the school and district
41 long range plans. These funds may be used for courses which support the education of students with disabilities or special
42 needs in the regular classroom. School districts may require and collect a deposit from teachers enrolling in critical teaching
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 439
1 needs courses. Upon completion of the course any deposit collected shall be returned to the teacher having made the deposit.
2 26. (SDE-EIA: XC-Critical Teaching Needs/Roper Mountain) Of the funds appropriated in Part IA, Section 19 X.C.
3 for Critical Teaching Needs, $200,000 shall be disbursed to the Roper Mountain Science Center for summer workshops for
4 public school science teachers. Funds disbursed to the Roper Mountain Science Center may be carried forward.
5 27. (SDE-EIA: XC-Professional Development/Parenting & Act 135) Funds appropriated in Part IA, Section 19X.C.
6 for Professional Development shall be distributed to the school districts of the state based upon the 135 day count of Average
7 Daily Membership, except that $100,000 must be used for competitive grants to districts for training and technical assistance
8 in implementing parenting/family literacy programs as directed in Act 135 of 1993, (59-1-450 of the SC Code of Laws) with
9 first priority of funding given to those districts implementing the program as outlined in the Parenting/Family Literacy
10 Guidelines. Of the remaining funds appropriated for Professional Development, $500,000 shall be distributed to the districts
11 for planning and training related to implementation of Act 135 of 1993, in accord with criteria developed by the State Board
12 of Education, through the Department of Education in consultation with the EIA Select Committee.
13 28. (SDE-EIA: XC-Salary-Special) Funds appropriated under X.C.1. EIA Salary-Special will be disbursed to school
14 districts utilizing the EFA formula. There shall be no inflationary increase required for local financial effort as defined in
15 Section 59-21-1039 for FY 95-96. These special funds can be accounted for using the same procedure as teacher salary
16 supplement funds.
17 29. (SDE/EIA: XC-School Technology) Funds appropriated in Part IA, Section 19 X.C. for school technology shall
18 be distributed to each school district based on a ratio of district free and reduced lunches for first through third grades to
19 the state total free and reduced lunches for first through third grades.
20 30. (SDE-EIA: XC-Teacher Evaluations, XH-Implementation/EIA Select) The State Department of Education, with the
21 cooperation of the school districts and teacher education institutions, must, subject to the approval of the State Board of
22 Education, revise the system for assisting, developing, and evaluating student provisional, annual and continuing contract
23 teachers. The Department of Education is authorized to expend funds provided in Part IA, Section 19 X.C. for the Teacher
24 Evaluation System toward the revision of the evaluation system. The Department of Education shall provide a report on its
25 progress in revising the system, to include recommendations to date and a state and local fiscal impact statement, to the EIA
26 Select Committee by September 30 of the current year.
27 31. (SDE-EIA: XC-Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the average
28 of the average teachers salaries of the southeastern states as projected by the Division of Budget and Analyses. For the
29 current school year the projected Southeastern average teacher salary is projected to be $31,749. $32,668. It is the intent
30 of the General Assembly to fully fund the Southeastern average teacher salary as projected.
31 Funds appropriated in Part IA, Section 19X.C. for Teacher Salaries must be used to increase salaries of those teachers
32 eligible pursuant to 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social
33 workers, occupational and physical therapists, school nurses, orientation/mobility instructors and audiologists in the school
34 districts of the state.
35 32. (SDE-EIA: XC-Teacher Salaries/State Agencies) Each state agency which does not contain a school district but has
36 instructional personnel shall receive an allocation from the line item " Alloc. EIA - TEACHER/OTHER PAY" in Part IA,
37 Section 19 X.K. for teachers salaries based on the following formula: Each state agency shall receive such funds as are
38 necessary to adjust the pay of all instructional personnel to the appropriate salary provided by the salary schedules of the
39 school district in which the agency is located. Instructional personnel may include all positions which would be eligible for
40 EIA supplements in a public school district, and may at the discretion of the state agency, be defined to cover curriculum
41 development specialists, educational testing psychologists, psychological and guidance counselors, and principals.
42 The funds appropriated herein in the line item " Alloc.EIA - Teacher/Other Pay" must be distributed to the agencies by
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 440
1 the Budget and Control Board.
2 33. (SDE-EIA: XC-Tech Prep) Of the funds appropriated in Part IA, Section 19 X.C. for the Tech Prep Program,
3 $75,000 shall be used by the State Department of Education, through the Tech Prep Consortia, to provide for professional
4 development in applied techniques and integration of curriculum, and professional development in career guidance for
5 teachers and guidance counselors and training mentors. In addition, $500,000 shall be allocated for Career Counseling
6 Specialists in the Tech Prep Consortia. Of the funds appropriated in the prior fiscal year, unexpended funds may be carried
7 forward to the current fiscal year and expended for the same purposes.
8 34. (SDE-EIA: XD-Principal Salary Supplements) Funds appropriated in Part IA, Section 19 X.D. for salary
9 supplements for principals and accompanying employer contributions must be distributed to school districts based on average
10 daily membership (ADM). Each school district shall distribute the funds as salary supplements in addition to existing
11 compensation equally among principals and assistant principals employed by the district.
12 35. (SDE-EIA: XE-School Incentive Grants) Funds appropriated for EIA School Incentive Grants in the previous fiscal
13 year may be carried forward and expended during the current fiscal year by the school districts that earned School Incentive
14 Awards during the prior fiscal year.
15 36. (SDE-EIA: XF-School Building Aid) Funds appropriated in Part IA, Section 19.X.F. School Building Aid shall
16 be transferred to a special trust fund established by the Comptroller General. Funds appropriated shall be distributed to the
17 school districts of the State for use in accordance with Section 59-21-350 of the Code of Laws of 1976.
18 37. (SDE-EIA: XF-School Building Aid Allocation) Funds appropriated in Part IA, Section 19 X.F. for School Building
19 Aid shall be allocated to eligible school districts on a per pupil basis, with the amount allocated per pupil for grades 1
20 through 12 being twice that of the kindergarten per pupil allocation. The allocation must be based on the 135 day count of
21 average daily membership for the second preceding fiscal year.
22 38. (SDE-EIA: XG-Impaired School Districts) Funds appropriated in Part IA, Section 19 X.G. for Impaired School
23 Districts, shall be used to provide grants to assist school districts in correcting education deficiencies as identified through
24 the application of criteria adopted by the State Board of Education for evaluating the quality of education in school districts.
25 First priority for this funding shall be an allocation of funds to those school districts whose education deficiencies led to the
26 designation of "In Greatest Need of Technical Assistance". Provided that the needs of such designated school districts have
27 been met, any remaining or unallocated current year funds may be used to assist other school districts whose education
28 deficiencies led to the lesser designation of "In Need of Technical Assistance". In all cases, no portion of the allocated funds
29 may be used by the school district for administration purposes. Funds appropriated for Impaired School Districts/In Need
30 of Technical Assistance and allocated to the school districts in the prior fiscal year may be retained and expended by the
31 school districts for the same purpose during the current year.
32 39. (SDE-EIA: XH-Evaluation/EIA Programs) Of the funds appropriated in Part IA, Section 19 X.H. for EIA
33 Implementation, Other Operating Expenses, $349,124 may only be used by the State Department of Education to support
34 its contracted program evaluations and the conduct of the State Board of Education's annual assessment of EIA-funded
35 education reforms and the related report, pursuant to Section 59-6-12. The remaining $250,000 appropriated in Part IA,
36 Section 19X.H. for EIA Implementation, Other Operating Expenses shall be used by the EIA Select Committee to support
37 the continuation of program and policy evaluations and studies and to support the state's participation in the Middle Grades
38 Project.
39 40. (SDE-EIA: XK-Business Ed Partnership) Funds appropriated in Part IA, Section 19X.K. to the Business-Education
40 Partnership shall only be used for contracting for staff support and other expenses directly related to its operation set forth
41 by the Statute.
42 41. (SDE-EIA: XK-CHE/Teacher Recruitment) Of the funds appropriated in Part IA, Section 19X.K. for the Teacher
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 441
1 Recruitment Program, the S. C. Commission on Higher Education shall distribute a total of $917,736 $1,000,000 to the
2 S.C. Center for Teacher Recruitment for a state teacher recruitment program, of which $200,000 must be used for specific
3 programs to recruit minority teachers, and shall distribute $206,000 to Benedict College and $236,000 to S.C. State
4 University to be used only for the operation of a minority teacher recruitment program and therefore shall not be used for
5 the operation of their established general education programs. The S.C. Commission on Higher Education shall ensure that
6 all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of efforts
7 among the three teacher recruitment projects, shall review the use of funds and shall have prior program and budget
8 approval. Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the teacher recruitment
9 projects and shall report its findings and its program and budget recommendations to the House and Senate Education
10 Committees and the Education Improvement Act Select Committee by December 1.
11 42. (SDE-EIA: XK-DAODAS/DARE) Of the funds appropriated in Part IA, Section 19 X.K. Other State Agencies and
12 Entities for the Department of Alcohol and Other Drug Abuse Services, $150,000 must be transferred to the State Law
13 Enforcement Division for the operation of Drug Abuse Resistance Education (DARE) program and for the training of DARE
14 officers in the fifth grade classes of public schools in the state, and $25,000 shall be used by the Department of Alcohol and
15 Other Drug Abuse Services to provide matching funds for local governments and school districts for the DARE program.
16 A report on the effectiveness of the DARE program must be provided by the Department of Alcohol and Other Drug Abuse
17 Services to the EIA Select Committee by October 1.
18 43. (SDE-EIA: XK-Disbursements/Other Entities) Notwithstanding the provisions of Sections 2-7-66 and 11-3-50, S.C.
19 Code of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 19 X.K. Other State
20 Agencies and Entities shall be disbursed on a quarterly basis by the Department of Revenue and Taxation directly to the state
21 agencies and entities referenced except for the Teacher Loan Program, Centers of Excellence, the EIA Select Committee
22 and the Joint Business-Education Subcommittee, and School Technology, which shall receive their full appropriation at the
23 start of the fiscal year from available revenue. The Comptroller General's Office is authorized to make necessary
24 appropriation reductions in Part IA, Section 19 X.K. to prevent duplicate appropriations. If the Education Improvement Act
25 appropriations in the agency and entity respective sections of the General Appropriations Act at the start of the fiscal year
26 do not agree with the appropriations in Part IA, Section 19 X.K. Other State Agencies and Entities, the "other funds"
27 appropriations in the respective agency and entity sections of the General Appropriations Act will be adjusted by the
28 Comptroller General's Office to conform to the appropriations in Part IA, Section 19 X.K. Other State Agencies and Entities.
29 44. (SDE-EIA: XK-Status Offenders/John De La Howe) The funds appropriated in Part IA, Section 19 X.K. for the
30 Status Offender Program shall be distributed to John De La Howe School to expand residential programs to include court
31 ordered status offenders. Components of such a program shall include collaboration between the home school district and
32 the residential school and treatment or related services to the families of students in placement.
33 45. (SDE-EIA: XK-Student Loan Pgm/Paul Douglas Scholarship) Of the funds appropriated in Part IA, Section 19 X.K.
34 for the Student Loan Program, an amount not to exceed $44,000 shall be authorized to pay administrative costs associated
35 with the Paul Douglas Scholarship Program.
36 46. (SDE-EIA: XK-Student Loan Pgm/Teaching Loans & Governor Scholarships) Of the EIA funds provided in Part
37 IA, Section 19X.K. for the Student Loan Program used to implement the Governor's Teaching Scholarship Program.
38 Students receiving these scholarships are eligible for the accelerated payback method provided for in Section 59-26-20(k).
39 Any funds in the Governor's Teaching Scholarship program which are not committed as of July 1 of the current fiscal year
40 may be used to fund student loans provided for in Section 59-26-20(k). From these funds, priority shall be given to fund
41 up to $5,000 for qualified minority students from each school district or $5,000 times the number of districts in each
42 consortium of school districts for districts which participate in a consortium.
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 442
1 47. (SDE-EIA: XL-Arts in Education) Funds appropriated in Part IA, Section 19X.L. Arts Curricula shall be used to
2 assist districts that have not received funding for arts education during the four year pilot program; to sustain arts education
3 initiatives that began during the final year of the pilot program; and to support arts education curriculum in the visual and
4 performing arts which incorporates strengths from the Arts in Education pilot sites.
5 48. (SDE-EIA: XL-Continuous Improvement/Innovation) Funds appropriated in Part IA, Section 19 X.L. for
6 Continuous Improvement/Innovation and allocated to the school districts for innovative initiatives in the prior fiscal year may
7 be retained and expended by the school districts for the same purpose during the current fiscal year.
8 49. (SDE-EIA: XN-Parent Education) Funds appropriated in Part IA, Section 19X.N. shall be used to fund those sites
9 continuing to operate as Parent Education technical assistance sites in FY 1995-96 1996-97 at a level not less than eighty-five
10 percent of the amount received in the prior year.
11 50. (SDE-EIA: XN-Parenting/Family Literacy) Funds appropriated in Part IA, Section 19 X.N. for the Parenting/Family
12 Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year may be retained and
13 expended by the school districts for the same purpose during the current fiscal year.
14 51. (SDE-EIA: XN-Parenting/Family Literacy/Child Abuse Awareness & Accelerated Schools) Of the funds
15 appropriated in Part IA, Section 19 X.N. for the Parenting/Family Literacy, $200,000 must be used for the Child Abuse
16 Awareness and Prevention Project at Winthrop University and $125,000 must be used for the Accelerated Schools Project
17 at the College of Charleston.
18 52. (SDE-EIA: XN-Parenting/Family Literacy/Cities-In-Schools) Notwithstanding any other provision of law, the State
19 Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 19 X.N. Parenting/Family
20 Literacy to Cities-In-Schools. These funds are to be utilized to provide technical assistance to local communities in
21 establishing Cities-In-Schools programs statewide. Cities-In-Schools will provide annual reports to the State Department of
22 Education which will include: budget expenditure data, a listing of the communities served and the services provided.
23 53. (SDE-EIA: XO-Problem Solving Skills) It is not the intent of the General Assembly that the instruction in higher
24 order thinking skills promote New Age religion or any other religion, faith, or belief.
25 54. (SDE-EIA: EFA/EIA Funding) DELETED
26 55. (SDE-EIA: Local School Innovation Fund) The funds provided for the Local School Innovation Fund, shall be
27 distributed to the school districts on a weighted pupil basis and shall be expended at the school campus level in accordance
28 with the South Carolina School Accountability Act of 1996.
29 56. (SDE-EIA: XE-School Incentive Grants) $5,000,000 of the funds appropriated in Part IA, Section 19X.E. for school
30 incentive grants shall be distributed to schools designated as Incentive Grant winners to be used to provide all employees
31 a one-time lump sum bonus. This payment is not a part of the employee's base salary and is not earnable compensation for
32 purposes of employee and employer contributions to the retirement system.
33
34
35 H67 - SECTION 20 - EDUCATIONAL TELEVISION COMMISSION
36
37 1. (ETV: Grants/Contributions Carry Forward) The Educational Television Commission shall be permitted to carry
38 forward any funds derived from grant awards or designated contributions and any state funds necessary to match such funds,
39 provided that these funds be expended for the programs which they were originally designated.
40 2. (ETV: School Reception Equipment Purchase) Of the funds appropriated to ETV for transmission and reception
41 equipment, $182,933 must be used exclusively to purchase school reception equipment.
42 3. (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the
SECTION 20 - EDUCATIONAL TELEVISION COMMISSION PAGE 443
1 Commission, with approval by the Budget and Control Board, is allowed to sell or lease its facilities, equipment, programs,
2 publications, and other program related materials, and funds received therefrom may be used for equipment purchases and
3 renovations of the new facility.
4 4. (ETV: Adjacent Property Construction/Renovation) The funds authorized for the Educational Television Commission
5 in sub-subitem (b) of subitem (15), Section 1, of Act 638 of 1988, may also be used for the construction and renovation of
6 properties adjacent to the state owned State-Record property. These funds must not be spent on facilities located on the
7 adjacent properties until they are owned by the Education Television Endowment of South Carolina and until the State has
8 an option to acquire these properties from the Endowment for $1.00.
9 5. (ETV: Digital Satellite) The state's digital satellite video transmission system will support public and higher
10 education, enhance the statewide delivery of health care services, improve public service, and assist state agencies with
11 statewide personnel training. To facilitate the achievement of these objectives, there is created a Video Resources Oversight
12 Council composed of representatives of the South Carolina Educational Television Commission, the State Department of
13 Education, the Commission on Higher Education, the Human Services Coordinating Council, and the Budget and Control
14 Board's Division of Budget and Analyses, Office of Information Technology Policy and Management.
15
16
17 H71 - SECTION 21 - WIL LOU GRAY OPPORTUNITY SCHOOL
18
19 1. (WLG: Truants) The Opportunity School will incorporate into its program services for students, ages 15 and over,
20 who are deemed truant; and will cooperate with the Department of Juvenile Justice, the Family Courts, and School districts
21 to encourage the removal of truant students to the Opportunity School when such students can be served appropriately by
22 the Opportunity School's program.
23 2. (WLG: Opportunity School Holiday) The Opportunity School may reschedule holidays observed by other State
24 employees during the academic year and require its employees to take the holiday periods designated in the school calendar.
25 All days taken during these holiday periods not covered by a legal holiday must be charged to leave with or without pay.
26 The use of leave during such holiday periods will not be included in calculation of daily rate compensation.
27 3. (WLG: GED Test) Students attending school at the Wil Lou Gray Opportunity School that are 16 years of age and
28 are unable to remain enrolled due to the necessity of immediate employment or enrollment in post secondary education may
29 be eligible to take the General Education Development (GED) Test. Prior to taking the GED the student must be pretested
30 using the official General Education Development Practice Test and score a minimum of 220.
31 4. (WLG: Deferred Salaries Carry Forward) Wil Lou Gray is authorized to carry forward into the current fiscal year
32 the amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month
33 employees. These deferred funds are not to be included or part of any other authorized carry forward amount.
34
35
36 H73 - SECTION 22 - VOCATIONAL REHABILITATION
37
38 1. (VR: Production Contracts Revenue) All revenues derived from production contracts earned by the handicapped
39 trainees of the Evaluation and Training Facilities (Workshops) may be retained by the State Agency of Vocational
40 Rehabilitation and used in the facilities for Client Wages and any other production costs; and further, any excess funds
41 derived from these production contracts be used for other operating expenses and/or permanent improvements of these
42 facilities.
SECTION 22 - VOCATIONAL REHABILITATION PAGE 444
1 2. (VR: Reallotment Funds) To maximize utilization of federal funding and prevent the loss of such funding to other
2 states in the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and other
3 funds received in excess of original projections in following State fiscal years.
4 3. (VR: Basic Support Program Reconciliation) The General Assembly hereby directs the Department of Vocational
5 Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the combination of
6 State and Federal funds available following the close of each Federal fiscal year. Such reconciliation shall begin with the
7 Federal fiscal year ending September 30, 1989. Federal funds participation for that period shall be applied at the maximum
8 allowable percentage and the level of those funds on hand which have resulted from the overparticipation of State funds shall
9 be remitted to the General Fund within 120 days following the close of the Federal fiscal year. This reconciliation and
10 subsequent remission to the General Fund shall be reviewed by the State Auditor to ensure that appropriate Federal/State
11 percentages are applied. It is the intent of the General Assembly that Federal/State percentages budgeted and appropriated
12 shall in no way be construed as authorization for the Department to retain the Federal funds involved.
13 4. (VR: User/Service Fees) Any revenues generated from user fees or service fees charged to the general public or
14 other parties ineligible for the Department's services may be retained to offset costs associated with the related activities so
15 as to not affect the level of service for regular agency clients.
16 5. (VR: Meal Ticket Revenue) All revenues generated from sale of meal tickets may be retained by the agency and
17 expended for supplies to operate the agency's food service programs or cafeteria.
18
19
20 H75 - SECTION 23 - SCHOOL FOR THE DEAF AND THE BLIND
21
22 1. (SDB: Physician Services) The School for the Deaf and the Blind is authorized to contract for the services of a
23 physician and to provide office space for the physician to be used to treat both students of the school and private patients;
24 the School shall charge the physician a fair market rental value for the office space.
25 2. (SDB: Student Activity Fee) The School for the Deaf and the Blind is authorized to charge to the parents of students
26 at the school a student activity fee, differentiated according to the income of the family. The required student activity fee
27 shall not exceed $40.00. Such revenue may be retained and carried forward into the current fiscal year and expended for
28 the purpose of covering expenses for student activities.
29 3. (SDB: Weighted Student Cost) The School for the Deaf and the Blind shall receive through the Education Finance
30 Act the average State share of the required weighted student cost for each student newly admitted into the multi-handicapped
31 school with the recommendation of the local school district. The estimated State share shall come directly from the State
32 Board of Education at the beginning of the fiscal year to be adjusted at the end of the fiscal year. This shall include any
33 students admitted into the Reeducation program for emotionally handicapped students.
34 4. (SDB: Admissions) Deaf, blind, multi-handicapped and other handicapped students identified by the Board of
35 Commissioners as target groups for admission to the South Carolina School for the Deaf and the Blind may be admitted by
36 the School either through direct application by parents or on referral from the local school district. The Board of
37 Commissioners shall define the appropriate admissions criteria including mental capacity, degree of disability, functioning
38 level, age, and other factors deemed necessary by the Board. All placement hearings for admission to the South Carolina
39 School for the Deaf and the Blind shall be organized by the School. The South Carolina School for the Deaf and the Blind
40 shall obtain information from the local school district concerning the needs of the student and shall prepare an Individualized
41 Education Plan for each student admitted. All parents applying for admission of their children must sign a statement
42 certifying that they feel the South Carolina School for the Deaf and the Blind is the most appropriate placement which
SECTION 23 - SCHOOL FOR THE DEAF AND THE BLIND PAGE 445
1 constitutes the least restrictive environment for the individual student, based upon needs identified in the placement meeting
2 and the Individualized Education Plan. The decision concerning placement and least restrictive environment shall be
3 reviewed annually at the IEP Conference.
4 5. (SDB: Adult Vocational Program Fees) The School for the Deaf and the Blind is authorized to charge appropriate
5 tuition, room and board, and other fees to students accepted into the Adult Vocational Program after July 1, 1986. Such
6 fees will be determined by the School Board of Commissioners, and such revenue shall be retained and carried forward into
7 the current fiscal year and expended by the School for the purpose of covering expenses in the Adult Vocational Program.
8 6. (SDB: Mobility Instructor Service Fee) The School for the Deaf and the Blind is authorized to charge a fee for the
9 services of a mobility instructor to provide service on a contractual basis to various school districts in the state, and such
10 revenue shall be retained and carried forward into the current fiscal year and expended by the School for the purpose of
11 covering expenses in the Blind School.
12 7. (SDB: Cafeteria Revenues) All revenues generated from cafeteria operations may be retained and expended by the
13 institution for the purpose of covering actual expenses in cafeteria operations.
14 8. (SDB: School Buses) The school buses of the South Carolina School for the Deaf and the Blind are authorized to
15 travel at speeds up to 55 miles per hour, not to exceed posted limit. No funds appropriated herein for equipment shall be
16 used for the purchase of governors for school buses of the South Carolina School for the Deaf and the Blind.
17 9. (SDB: USDA Federal Grants) All revenues generated from U.S.D.A. federal grants may be retained and expended
18 by the SCSDB in accordance with Federal regulations for the purpose of covering actual expenses in the cafeteria/food
19 service operations of the school.
20 10. (SDB: By-Products Revenue Carry Forward) The School for the Deaf and the Blind is authorized to sell goods that
21 are by-products of the school's programs and operations, charge user fees and fees for services to the general public:
22 individuals, organizations, agencies and school districts, and such revenue may be retained and carried forward into the
23 current fiscal year and expended for the purpose of covering expenses of the school's programs and operations.
24 11. (SDB: Pee Dee Resource Center for the Deaf and the Blind) From the funds provided herein, the School for the
25 Deaf and the Blind shall provide $100,000 for the establishment of a Pee Dee Resource Center for the Deaf and the Blind
26 in Conway, S.C.
27
28
29 H79 - SECTION 24 - DEPARTMENT OF ARCHIVES & HISTORY
30
31 1. (AH: Publication Distribution) The Commission is authorized to supply one free copy of each new publication to
32 the libraries of all institutions of higher learning in the State, and to each member of the Commission and its Directors; to
33 the State Library; to each Public Library which is approved for a cash allotment by the South Carolina State Library.
34 2. (AH: Use of Proceeds) The proceeds of training sessions, sales of publications, reproductions of documents, repair
35 of documents, research fees, handling charges, and the proceeds of sales of National Register of Historic Places certificates
36 and plaques by the Archives Department shall be deposited in a special account in the State Treasury, and may be used by
37 this department to cover the cost of additional training sessions, publication, reproduction expenses, repair expenses, and
38 National Register of Historic Places certificates and plaques.
39 3. (AH: Nat'l. Historic Preservation Program) The funds earned from the United States Department of Interior by the
40 South Carolina Department of Archives and History for administering the National Historic Preservation Program in this
41 State, with the exception of the appropriate amount of indirect cost reimbursement to the General Fund, must be deposited
42 in a special account in the State Treasury, to be used by this department for a Historic Preservation Grants program that will
SECTION 24 - DEPARTMENT OF ARCHIVES AND HISTORY PAGE 446
1 assist historic properties throughout South Carolina. From this fund, the Department may contribute a sum, not to exceed
2 $175,000 annually, to the South Carolina Archives and History Foundation to assist in activities designed to support and
3 enhance capital fund raising efforts. The Foundation will provide accounting for these funds at the end of each fiscal year.
4 Any funds donated to the Department by the Foundation will be deposited in the Historic Preservation Grants Program
5 account for use in funding other state historic preservation projects.
6 4. (AH: Disposal of Materials) Upon prior approval of the Commission, the agency may remove certain record and
7 non-record materials from its collections by gift to another public or nonprofit institution or by sale at public auction. This
8 is a supplemental form of disposition beyond that recognized in the Public Records Act for the retention, copying, and
9 destruction of public records; and it pertains only to those accessioned Archives materials having a market value and which
10 duplicate existing archival material, fall outside the scope of the Archives collection policy, or have no further possible
11 research value. All funds realized through sale by public auction shall be placed in a special account to be used for improved
12 access to and preservation of the state archives collections. The Commission shall report annually to the Budget and Control
13 Board regarding such dispositions.
14 5. (AH: Technical Assistance and Review Fees) The Department of Archives and History is authorized to charge a
15 fee of $35 for providing technical assistance in repairing and rehabilitating historically significant properties. The agency
16 may also charge fees based on the following fee schedule for investment tax credit reviews for historically significant
17 properties under the Federal Investment Tax Credit Program or other programs requiring review of compliance with federal
18 guidelines.
19 A fee of $250 is authorized for review of proposed or ongoing rehabilitation work for all projects. Fees for review of
20 completed rehabilitation work is based on the dollar amount spent on the rehabilitation as follows:
21
22 FEE SIZE OF REHABILITATION
23
24 $ 500 $ 5,000 to $ 99,999
25 $ 800 $ 100,000 to $499,999
26 $1,500 $ 500,000 to $999,999
27 $2,500 $1,000,000 or more
28
29 If a review of proposed or on-going rehabilitation work has been made prior to submission of the Request for Certification
30 of Completed Work, the Department will deduct the $250 from the total owed for review of completed rehabilitation work.
31 In general, each rehabilitation of a certified historic structure will be considered a separate project when computing the
32 amount of the fee.
33 Revenues from these fees will be retained, carried forward and used by this department for Historic Preservation programs
34 assisting historic properties throughout South Carolina.
35 Revenues received from application fees for reviewing and certifying the rehabilitation work on historic properties under
36 the review compliance program will be retained by the agency.
37 6. (AH: Funding to Maintain Archival Materials) Funds remaining from the $300,000 appropriated in FY 1993-94
38 will be deposited in a special account and carried forward to the next fiscal year. These funds will not be considered as part
39 of the 5% 10% carry forward in General Fund appropriations. Funds will be expended for supplies, procedures, and
40 equipment designed to preserve the Archives collection. The Ways and Means and Senate Finance Committees shall be
41 furnished a report annually detailing such expenditures.
42 7. (AH: History Center Funding) Funds appropriated for the Department of Archives and History, History Center must
SECTION 24 - DEPARTMENT OF ARCHIVES AND HISTORY PAGE 447
1 be used by the State Budget and Control Board and the South Carolina Department of Archives and History who are directed
2 to proceed expeditiously with the design and construction of a replacement facility for the Department of Archives and
3 History's current facility on Senate Street in Columbia. This shall include, but not be limited to, awarding a contract to
4 begin construction. To finance the project, the department shall immediately begin using first use the $1.1 million of state
5 capital improvement bond funds reauthorized in subitem (16), item (f), Section 4, Act 531 of 1994 for architectural and
6 engineering related work (A&E) for the proposed project services and $5.4 million authorized from the Educational
7 Assistance Endowment Fund in FY 95-96 for the History Center. Additional funding is to be provided from other sources
8 as may be determined by the General Assembly. If interim financing is necessary, the State Treasurer may provide interim
9 financing.
10
11
12 H83 - SECTION 25 - CONFEDERATE RELIC ROOM & MUSEUM
13
14 1. (CRR: Artifacts Disposition) No artifacts in the collection and exhibits of the Confederate Relic Room shall be
15 permanently removed or disposed of except by a Concurrent Resolution of the General Assembly.
16 2. (CRR: Confederate Relic Room Location) Notwithstanding Act 313 of 1919 and Section 59-117-60, Code of Laws
17 of 1976, the War Memorial Building erected at the corner of Sumter and Pendleton Streets in the City of Columbia shall
18 continue to be used by the Confederate Relic Room and further utilization of the building shall be arranged between the
19 University of South Carolina and the Director of the Confederate Relic Room.
20 3. (CRR: Research/Copy Fee) The Confederate Relic Room is authorized to collect, retain and expend fees from
21 research and photographic processing requests.
22
23
24 H87 - SECTION 26 - STATE LIBRARY
25
26 1. (LIB: Aid to Counties Libraries Allotment) The amount appropriated in this section for "Aid to County Libraries"
27 shall be allotted to each county on a per capita basis according to the official United States Census for 1990, as aid to the
28 County Library. No county shall be allocated less than $15,000 under this provision. To receive this aid, local library
29 support shall not be less than the amount actually expended for library operations from local sources in the second preceding
30 year.
31 2. (LIB: On-Line Reference Service Fees) The State Library shall charge fees for actual costs of "on-line reference
32 services" and retain the fees to offset the costs of the services. These fees may be waived for county libraries.
33 3. (LIB: Exempt Across-the-Board Reduction) In the calculation of any across-the-board cut mandated by the Budget
34 and Control Board or General Assembly, the amount which the State Library pays to South Carolina Heritage Associates
35 for rent in the Mt. Vernon Mill shall be excluded from the State Library's base budget.
36 4. (LIB: Information Service Fees) The State Library may charge a fee for costs associated with information delivery
37 and retain such funds to offset the costs of maintaining, promoting and improving information delivery services.
38 5. (LIB: Continuing Education Fees) The State Library may charge a fee for costs associated with continuing education
39 and retain such funds to offset the costs of providing continuing education opportunities.
PAGE 448
1 H91 - SECTION 27 - ARTS COMMISSION
2
3 1. (ARTS: Professional Artists Contract) Where practicable, all professional artists employed by the Arts Commission
4 in the fields of music, theater, dance, literature, musical arts, craft, media arts and environmental arts shall be hired on a
5 contractual basis as independent contractors. Where such a contractual arrangement is not feasible employees in these fields
6 may be unclassified, however, the approval of their salaries shall be in accord with the provisions of Section 72.19 of this
7 Act.
8 2. (ARTS: Special Revolving Account) Any income derived from Arts Commission sponsored arts events or by gift,
9 contributions, or bequest now in possession of the Arts Commission including any federal or other funds balance remaining
10 at the end of the prior fiscal year, shall be retained by the Commission and placed in a special revolving account for the
11 Commission to use solely for the purpose of supporting the programs provided herein. Any such funds shall be subject to
12 the review procedures as set forth in Act 651 of 1978.
13 3. (ARTS: Grant Funds Equitable Disbursement) The Commission shall make every effort to disburse state and federal
14 grant funds to counties in the most equitable manner possible. Counties that have demonstrated initiative in seeking support
15 and developing arts programs are to be given consideration when funds are disbursed.
16 4. (ARTS: Partial Indirect Cost Waiver) The Commission is allowed to apply a 15% indirect cost rate for continuing
17 federal grants for which they must compete. The Commission shall apply the full approved negotiated rate to the Basic State
18 Grant and any new grants received by the Commission.
19
20
21 H95 - SECTION 28 - STATE MUSEUM COMMISSION
22
23 1. (MUSM: Duplicate Materials) The Commission may give (away) natural history materials in its possession for
24 educational purposes, such materials being less than museum quality or duplicative of materials owned by the Museum
25 Commission.
26 2. (MUSM: Removal From Collections) The Commission may remove objects from its museum collections by gift
27 to another public or nonprofit institution, by trade with another public or nonprofit institution, by public sale, by transfer
28 to the Commission's education, exhibit, or study collections or to its operating property inventory; or as a last resort, by
29 intentional destruction on the condition that the objects so removed meet with one or more of the following criteria: (1) they
30 fall outside the scope of the S. C. Museum Commission's collections as defined in the Collection Policy dated January 20,
31 1993, (2) they are unsuitable for exhibition or research, (3) they are inferior duplicates of other objects in the collection, or
32 (4) they are forgeries or were acquired on the basis of false information; funds from the sale of such objects will be placed
33 in a special revolving account for the Commission to use solely for the purpose of purchasing objects for the collections of
34 the State Museum.
35 3. (MUSM: Museum Store) The Museum Commission shall establish and administer a museum store in the State
36 Museum. This store may produce, acquire, and sell merchandise relating to historical, scientific, and cultural sources. All
37 profits received from the sale of such merchandise shall be retained by the Museum Commission in a restricted fund to be
38 carried forward into the following fiscal year. These funds may be used for store operations, publications, acquisitions,
39 educational programs, exhibit production and general operating expenses provided that the expenditures for such expenses
40 are approved by the General Assembly in the annual Appropriation Act.
41 4. (MUSM: Traveling Exhibits Fees) The Museum Commission may rent or sell exhibits and exhibit components and
42 the Commission may retain such funds and use them to offset the cost of developing, maintaining, promoting, and improving
SECTION 28 - STATE MUSEUM COMMISSION PAGE 449
1 the changing exhibit program and to support general operations, provided that the expenditures for such expenses are
2 approved by the General Assembly in the annual Appropriation Act. Any unexpended revenue from these sources may be
3 carried forward into the current fiscal year to be expended for the same purposes.
4 5. (MUSM: Retention of Revenue) The Museum Commission may retain revenue received from admissions, program
5 fees, facility rentals, professional services, donations and other miscellaneous operating income and may expend such revenue
6 for general operating expenses provided that such expenditures are approved by the General Assembly in the annual
7 appropriations act. Any unexpended revenue from these sources may be carried forward into the current fiscal year to be
8 expended for the same purposes.
9 6. (MUSM: Across-the-Board Cut Exemption) In the calculation of any across-the-board cut mandated by the Budget
10 and Control Board or General Assembly, the amount which the Commission pays to the South Carolina Heritage Associates
11 for rent of the Museum's rent shall be excluded from the Museum's base budget.
12 7. (MUSM: School Tour Fee Prohibition) The Commission may not charge admission fees to groups of children from
13 South Carolina who have made reservations that are touring the museum as part of a school function.
14
15
16 J02 - SECTION 29 - DEPARTMENT OF HEALTH & HUMAN SERVICES
17
18 1. (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all refunds and
19 identified program overpayments and all such overpayments shall be recouped in accordance with established collection
20 policy. Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with
21 the State Treasurer, to be used to pay for Medicaid and Social Services Block Grant Federal liabilities. The restricted fund
22 will derive from prior year program refunds. The restricted fund shall not exceed one-half of one percent of the Medicaid
23 and Social Services Block Grant total appropriation authorization for the current year. Amounts in excess of one-half of one
24 percent will be remitted to the General Fund.
25 2. (DHHS: Long Term Care Facility Reimbursement Rate) The Department, in calculating a reimbursement rate for
26 long term care facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and
27 Control Board, Division of Budget and Analyses. Data obtained from Medicaid cost reporting records applicable to long
28 term care providers will be supplied to the Budget and Control Board, Division of Budget and Analyses. A composite index,
29 developed by the Budget and Control Board, Division of Budget and Analyses will be used to reflect the respective costs of
30 the components of the Medicaid program expenditures in computing the maximum inflation factor to be used in long term
31 care contractual arrangements involving reimbursement of providers. The Division of Budget and Analyses of the Budget
32 and Control Board shall update the composite index so as to have the index available for each contract renewal.
33 The Department may apply the inflation factor in calculating the reimbursement rate for the new contract period from
34 zero percent (0%) up to the inflation factor developed by the Division of Budget and Analyses.
35 3. (DHHS: Medical Assistance Audit Program Remittance) The Department of Health and Human Services shall remit
36 to the General Fund an amount representing fifty percent
37 (allowable Federal Financial Participation) of the cost of the Medical Assistance Audit Program as established in the State
38 Auditor's Office of the Budget and Control Board Section 17D. Such amount shall also include appropriated salary
39 adjustments and employer contributions allocable to the Medical Assistance Audit Program. Such remittance to the General
40 Fund shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and Control
41 Board.
42 4. (DHHS: Medicaid Income Limitation) The income limitation for the Medicaid Program shall continue to be three
SECTION 29 - DEPARTMENT OF HEALTH AND HUMAN SERVICES PAGE 450
1 hundred percent of the SSI single payment maximum.
2 5. (DHHS: Third Party Liability Collection) The Department of Health and Human Services is allowed to fund the
3 net costs of contracting for any Special Third Party Liability collection efforts from the monies collected in that effort.
4 6. (DHHS: Services Integration Efforts) The funds appropriated in II D shall be utilized for services integration efforts.
5 7. (DHHS: Medicaid State Plan) Where the Medicaid State Plan is altered to cover services that previously were
6 provided by 100% state funds, the Department can bill other agencies for the state share of services provided through
7 Medicaid. The Department will keep a record of all services affected and submit periodic reports to the House Ways and
8 Means and Senate Finance Committees.
9 8. (DHHS: Medically Indigent Assistance Fund) The Department is authorized to expend disproportionate share funds
10 to all eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds are
11 the liability of the hospital receiving the funds. To the extent that any disproportionate share funds authorized under this
12 section exceed a specific hospital's cost, such funds must be spent on health care services by a governmental entity. These
13 funds must be used to reimburse the hospital for expenses in providing uncompensated indigent care.
14 9. (DHHS: Admin. Days/Swing Beds Reduction Prohibition) Funds appropriated herein for hospital administrative days
15 and swing beds shall not be reduced in the event the agency cuts programs and the services they provide.
16 10. (DHHS: Nursing Home Sanctions) The Department of Health and Human Services is authorized to establish an
17 interest bearing Restricted Fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions.
18 The Department may use these funds to protect the life, health, and property of patients in nursing homes, including payment
19 for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of
20 deficiencies or closure.
21 11. (DHHS: Reimbursement Formula Changes) To the extent the Department can increase Medicaid federal matching
22 funds through changes in reimbursement formulas for other state providers, the Department, with the permission of the state
23 providers, is authorized to retain these funds in an earmarked account on deposit with the State Treasurer and use these funds
24 to cover unanticipated increases in Medicaid expenditures. The Department should not hold any other state provider liable
25 for disallowances resulting from these changes. Any funds realized as a result of this proviso shall be reported as part of
26 the following year budget process.
27 12. (DHHS: Primary Prevention Strategy) Funds appropriated in the prior year's Appropriation Act for the Statewide
28 Primary Prevention Strategy may be carried forward and spent in the current fiscal year.
29 13. (DHHS: Substitute Home Program) It is the intent of the General Assembly that $250,000 appropriated herein be
30 used as match to implement a waiver proposal for the development of substitute home programs in South Carolina. Services
31 will be restricted to 300 persons who will be eligible for enhanced residential care facility, assisted living and adult foster
32 care services. Individuals served must meet the nursing home level of care criteria.
33 14. (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder shall not
34 apply to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to provide
35 health care services under South Carolina's Medicaid Managed Care Medicaid Waiver Program.
36 15. (DHHS: Health Benefit Plan Demonstration Project) The Health Benefit Plan Demonstration Project is exempt from
37 the provisions of Title 38 of the 1976 Code and regulations promulgated by the Chief Insurance Commissioner.
38 16. (DHHS: Medicaid Long-Term Care Asset Protection Program) The Department of Health and Human Services and
39 the Department of Insurance shall report to the Ways and Means Committee and Senate Finance by January 15, 1996 on the
40 impact of amending the State's Medicaid Plan to provide asset protection for potential medicaid long-term care recipients
41 who purchase approved long-term care insurance policies. This report must identify costs associated with implementing this
42 program as well as the impact on service availability for the current group of long-term care eligibles.
SECTION 29 - DEPARTMENT OF HEALTH AND HUMAN SERVICES PAGE 451
1 17. (DHHS: Residential Care Facilities) The State of South Carolina intends to improve the service delivery system for
2 residents of residential care facilities with special health needs. To support this effort, to the extent possible, optional
3 supplement funds will be transferred to the Medicaid program. However, this transfer cannot result in a reduced number
4 of people served in residential care facilities, nor can it result in a net reduction in payment to the residential care industry.
5 It is the intent of this proviso that both the services to residents with special health needs and the payment to residential care
6 facilities for the care of these residents with special health care needs be enhanced.
7
8
9 J04 - SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL
10
11 1. (DHEC: County Health Departments Funding) Out of the appropriation provided in this section for "Public Health
12 Districts", the sum of $25,000 shall be distributed to the county health departments by the Commissioner, with the approval
13 of the Board of Department of Health and Environmental Control, for the following purposes:
14 1. To insure the provision of a reasonably adequate public health program in each county.
15 2. To provide funds to combat special health problems that may exist in certain counties.
16 3. To establish and maintain demonstration projects in improved public health methods in one or more counties in the
17 promotion of better public health service throughout the State.
18 4. To encourage and promote local participation in financial support of the county health departments.
19 5. To meet emergency situations which may arise in local areas.
20 6. To fit funds available to amounts budgeted when small differences occur.
21 The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code.
22 2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the County
23 Health Departments. Salaries for county special project employees, including merit increases and fringe benefits, shall be
24 totally funded by the county(s) involved. County special project employees shall not be under the state merit system or state
25 compensation plan and they shall receive their compensation directly from the county(s).
26 3. (DHEC: County Health Units) Federal funds made available to the Department of Health and Environmental Control
27 for the allocation to the counties of the State for operation of county health units be allotted on a basis approved by the Board
28 of the Department of Health and Environmental Control and the amount of State funds appropriated herein for "Public Health
29 Districts", except for salary increases, shall be allocated on a basis such that no county budget shall receive less than the
30 amount received in the prior fiscal year.
31 4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin shall be
32 deposited in a restricted account and carried forward until sufficient amounts are available for such improvements. Any
33 expenditures from the account must first be approved by the Budget and Control Board and the Joint Bond Review
34 Committee.
35 5. (DHEC: Children's Rehabilitative Services) The Children's Rehabilitative Services shall be required to utilize any
36 available financial resources including insurance benefits and/or governmental assistance programs, to which the child may
37 otherwise be entitled in providing and/or arranging for medical care and related services to physically handicapped children
38 eligible for such services, as a prerequisite to the child receiving such services.
39 6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein for
40 cancer treatment services $1,223,465 $1,168,409 and the hemophilia assistance program, $66,477 shall not be transferred
41 to other programs within the agency and when instructed by the Budget and Control Board or the General Assembly to
42 reduce funds within the department by a certain percentage, the Department may not act unilaterally to reduce the funds for
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 452
1 any cancer treatment program and hemophilia assistance program provided for herein greater than such stipulated percentage.
2 7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of the funds
3 appropriated in this section as may be necessary to continue the Speech and Hearing programs.
4 8. (DHEC: Local Health Departments) As of July 1, 1981, the counties of the state will be relieved of contribution
5 requirements for salary, fringe benefits and travel reimbursement to local health departments. The amount of $5,430,697
6 is appropriated for county health department salaries, fringe benefits and travel. These funds and other state funds
7 appropriated for county health units may, based upon need, be utilized in either salary or travel categories. Each county
8 shall provide all other operating expenses of the local health department in an amount at least equal to that appropriated for
9 operations for each county in Fiscal Year 1981. In the event any county makes uniform reductions in appropriations to all
10 agencies or departments for maintenance and operations, exclusive of salaries and fringe benefits, a like reduction shall be
11 made in funds appropriated for the operating expenses of the local health department.
12 9. (DHEC: Insurance Refunds) The Department of Health and Environmental Control is authorized to budget and
13 expend monies resulting from insurance refunds for prior year operations for case services in the following programs: Health
14 Promotion, Preventive Health Services, and Maternal and Child Care.
15 10. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be
16 allocated to the Counties for the purpose of improving or upgrading the system, and shall be allocated to the EMS-Regional
17 Councils for administration of training programs and technical assistance to the local EMS units and the funds shall be
18 allocated by a ratio of 45 percent to the counties and 55 percent to the EMS Regional Councils. The Department of Health
19 and Environmental Control shall develop guidelines and administer the system to make allocations within each region based
20 on demonstrated need and local match. The $1 million increase provided herein shall not require local match and local match
21 shall not be a factor in determining the allocation. The $1 million increase shall be allocated by a ratio of 81 percent to
22 counties, 12 percent to EMS Regional Councils and 7 percent to the state EMS office. Funds appropriated $1,975,671
23 $1,955,195 to Emergency Medical Services shall not be transferred to other programs within the Department's budget. In
24 addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage,
25 the Department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than such
26 stipulated percentage.
27 11. (DHEC: Rape Crisis Centers) Of the amounts appropriated in Primary Care-Case Services, $681,787 $651,107
28 shall be used for rape crisis centers around the state. Distribution of funds shall be based on DHEC Rape Crisis services
29 standards and expenditures monitored by DHEC.
30 12. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Maternal and Child Care for the Sickle Cell
31 Program for Blood Sample Analysis and shall be used by the Department to analyze blood samples submitted by the four
32 existing regional programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark Sickle
33 Cell Anemia Foundation in Columbia; Region III, Committee on Better Racial Assurance Hemoglobinopathy Program in
34 Charleston; and the Orangeburg Area Sickle Cell Anemia Foundation.
35 13. (DHEC: Sickle Cell Programs) $475,000 is appropriated for Sickle Cell program services, 47% is to be designated
36 for the Community Based and Newborn Screening Programs (Sickle Cell) and shall be apportioned as follows:
37 (1) 48% is to be divided equally between the existing Community Based Sickle Cell Programs located in Spartanburg
38 and Columbia; and
39 (2) 52% is for the Community Based Sickle Cell Program in Charleston.
40 The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn
41 screening. The balance of the total appropriation must be used for Sickle Cell Services operated by Children's Rehabilitative
42 Services of DHEC. The funds appropriated to the community based sickle cell centers shall be reduced to reflect any percent
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 453
1 reduction assigned to the Department of Health and Environmental Control by the Budget and Control Board; provided,
2 however, that the Department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such
3 stipulated percentage. The Department shall not be required to undertake any treatment, medical management or health care
4 follow-up for any person with sickle cell disease identified through any neonatal testing program, beyond the level of services
5 supported by funds now or subsequently appropriated for such services. No funds appropriated for ongoing or newly
6 established sickle cell services may be diverted to other budget categories within the DHEC budget.
7 14. (DHEC: Genetic Services) The sum of $232,869 $222,390 appearing under the Maternal and Child Care Section
8 of this Act shall be appropriated to and administered by the Department of Health and Environmental Control for the purpose
9 of providing appropriate genetic services to medically needy and underserved persons. Such funds shall be used by the
10 Department to administer the program and to contract with appropriate providers of genetic services. Such services will
11 include genetic screening, laboratory testing, counseling, and other services as may be deemed beneficial by the Department,
12 and these funds shall be divided equally among the three Regional Genetic Centers of South Carolina, composed of units
13 from the Medical University of South Carolina, the University of South Carolina School of Medicine, and the Greenwood
14 Genetic Center.
15 15. (DHEC: Revenue Carry Forward Authorization) The Department of Health & Environmental Control is hereby
16 authorized to collect, expend and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm
17 patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, photo copies and certificate forms, including
18 but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and Supplements,
19 sale of films and slides, sale of maps, sale of items to be recycled, including used motor oil and batteries, etc., and collection
20 of registration fees for non-DHEC employees.
21 16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the
22 requirements of Section 40-43-370 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist
23 employed by the Department may supervise no more than two adjacent districts. The Department of Health and
24 Environmental Control shall not be exempt from any other provisions of Section 40-43-370.
25 17. (DHEC: Safe Drinking Water Act) In order to comply with the provisions of the federal Safe Drinking Water Act,
26 the Department is authorized to collect a fee from each public water system. The fee must be based upon the number of taps
27 through which the system provides water to its customers The fees collected must be returned to the department for the
28 purposes of implementing the Safe Drinking Water Act Regulatory Program including engineering plan review, compliance
29 inspections, and enforcement; and for providing technical assistance and monitoring and laboratory analytical services for
30 the public water systems of the State. The fee shall be as follows:
31
32 COMMUNITY AND NON-TRANSIENT NON-COMMUNITY WATER SYSTEMS
33
34 Fee = Program Administration Component + Distribution Monitoring Component + Source Monitoring Component
35
36 Fee = $10.80 x (# Taps Up To 10) + $7.20 x (# Taps From 11 To 25) + $5.76 x ( # Taps From 26 To 50) + $4.32 x
37 (# Taps From 51 To 100) + $2.88 x (# Taps From 101 To 500) + $2.16 x (# Taps From 501 To 1,000) + $1.44 x (# Taps
38 From 1,001 To 5,000) + $1.08 x (# Taps From 5,001 To 10,000) + $0.68 x (# Taps From 10,001 To 15,000) + $0.36
39 x (# Taps From 15,001 To 25,000) + $0.23 x (# Taps From 25,001 To 50,000) + $0.14 x
40 (# Taps From 50,001 To 100,000) + $0.09 x (# Taps Greater Than 100,000)
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 454
1 + $158 (Systems Serving Up To 100 Taps); Or, $450 (Systems Serving 101 To 1,000 Taps); Or, $2,250 (Systems
2 Serving 1,001 To 15,000 Taps); Or, $4500 (Systems Serving Greater Than 15,000 Taps)
3
4 + [($225 x (#GW Sources)) + ($450 x (#SW Sources))] [Up To 25 Taps]; Or, [($360 x (#GW Sources)) + ($720
5 x (#SW Sources))] [From 26 To 100 Taps]; Or, [($900 x (#GW Sources)) + ($1800 x (#SW Sources))] [Greater Than 100
6 Taps]; Or, [Maximum $5,000]
7
8 SYSTEM SIZE PROGRAM ADMINISTRATION
9 (NUMBER OF TAPS) (BASE AMOUNT + RATE PER TAP)
10 BASE RATE PER TAP
11
12 1 To 10 $0 $10.80 First 10 Taps
13 11 To 25 $108 $7.20 Taps 11 To 25
14 26 To 50 $216 $5.76 Taps 26 To 50
15 51 To 100 $360 $4.32 Taps 51 To 100
16 101 To 500 $576 $2.88 Taps 101 To 500
17 501 To 1,000 $1,728 $2.16 Taps 501 To 1,000
18 1,001 To 5,000 $2,808 $1.44 Taps 1,001 To 5,000
19 5,001 To 10,000 $8,568 $1.08 Taps 5,001 To 10,000
20 10,001 To 15,000 $13,968 $0.68 Taps 10,001 To 15,000
21 15,001 To 25,000 $17,343 $0.36 Taps 15,001 To 25,000
22 25,001 To 50,000 $20,943 $0.23 Taps 25,001 To 50,000
23 50,001 To 100,000 $26,568 $0.14 Taps 50,001 To 100,000
24 100,000 And Above $33,318 $0.09 Over 100,000
25
26 SYSTEM SIZE DISTRIBUTING SOURCE MONITORING
27 (NUMBER OF TAPS) MONITORING (RATE PER SOURCE)
28 (FIXED RATE) GROUNDWATER SURFACE WATER
29
30 1 To 10 $ 158 $225 $ 450
31 11 To 25 $ 158 $225 $ 450
32 26 To 50 $ 158 $360 $ 720
33 51 To 100 $ 158 $360 $ 720
34 101 To 500 $ 450 $900 $1,800
35 501 To 1,000 $ 450 $900 $1,800
36 1,001 To 5,000 $2,250 $900 $1,800
37 5,001 To 10,000 $2,250 $900 $1,800
38 10,001 To 15,000 $2,250 $900 $1,800
39 15,001 To 25,000 $4,500 $900 $1,800
40 25,001 To 50,000 $4,500 $900 $1,800
41 50,001 To 100,000 $4,500 $900 $1,800
42 100,001 And Above $4,500 $900 $1,800
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 455
1 OTHER PUBLIC WATER SYSTEMS
2
3 Transient Non-Community Systems: Fee = $225
4 Systems Serving More Than 1 Tap But Less
5 Than 15 Taps and Serving Less Than 25 People: Fee = $135
6 Systems Serving 1 Tap and Serving Less Than
7 25 People: Fee = $ 90
8 Vending Machines: Fee = $ 45
9
10 For the purposes of this fee schedule, tap is defined as a service connection, the point at which water is delivered to the
11 consumer (building, dwelling, commercial establishment, camping space, industry, etc.) from a distribution system, whether
12 metered or not and regardless of whether there is a user charge for consumption of the water.
13 The Department shall submit an annual report to the Senate Finance Committee, House Ways & Means Committee, South
14 Carolina Section American Water Works Association and the Municipal Association detailing activities funded from safe
15 drinking water fees. The report shall include the amount of fees collected from each waterwork and the listing of
16 expenditures from those fees. The expenditures shall be accompanied by a list of benefits the waterworks receive from the
17 State as a result of the fees. In providing monitoring and laboratory analytical services, DHEC will consider least cost
18 alternatives including contracting with private laboratories when appropriate. DHEC shall include all applicable direct and
19 indirect costs in developing cost comparisons with private laboratories.
20 Penalties:
21 All fees remaining unpaid thirty (30) days after billing will be issued a late notice with no penalty due, however, it will
22 contain advisement of penalty for non-payment after sixty (60) days. Fees remaining unpaid after sixty days will be assessed
23 a ten percent (10%) penalty. Fees remaining unpaid at the end of ninety (90) days will be assessed a twenty-five percent
24 (25%) penalty in addition to the sixty day penalty. The sum of both penalties may not exceed five thousand dollars. Persons
25 delinquent under this paragraph will be notified by the Department by certified mail at their last known address.
26 All returned checks will be subject to a returned check fee as outlined in the DHEC Administrative Policy and Procedures
27 Manual. This penalty will be in addition to those outlined above.
28 No monitoring will be conducted on systems with fees unpaid at the end of ninety (90) days.
29 18. (DHEC: Medicaid Nursing Home Bed Days) Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum
30 number of Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue
31 Medicaid nursing home permits is 3,900,000.
32 19. (DHEC: Infectious Waste Health Inspectors) The Department of Health and Environmental Control shall assign full-
33 time health inspectors to serve at commercial incinerators which dispose of infectious waste for the purpose of assuring the
34 protection of the health and safety of the public by monitoring the receipt, handling and disposal of infectious waste at these
35 sites. The Department shall implement a fee of up to $5.00 per ton of infectious waste to cover the costs of implementing
36 this inspection program, not to exceed $150,000, to be collected quarterly from such inspected facilities to be deposited in
37 the General Fund.
38 20. (DHEC: Septic Tank & Retail Food Establishments Inspection Fees) The Department shall charge a septic tank
39 inspection fee of $60.00. This fee shall be paid prior to the evaluation of any site for which an application for a septic tank
40 permit has been made. The Department shall charge annual inspection fees for retail food establishments. Retail food
41 establishments obtaining a permit for the first time shall be charged an inspection fee of $60.00. These fees must be paid
42 prior to the issuance of a permit. After the first year, renewal inspection fees shall be based on gross sales of food and food
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 456
1 products for the facility's previous business year as follows:
2
3 Gross Sales Annual Fee
4
5 $299,999 or less $60.00
6 $300,000 to 2,999,999 $70.00
7 $3,000,000 or more $80.00
8
9 The Department shall revise the annual inspection fee schedule for food service establishments to provide for additional
10 breakdowns.
11 Annual renewal fees shall be due thirty (30) days from the billing date. A penalty charge of $30.00 for all facilities shall
12 be assessed for inspection fees that are past due. A second penalty shall be assessed for inspection fees sixty (60) days past
13 due.
14 Owners of retail food establishments shall furnish previous business year sales information on request of the Department.
15 The following retail food establishments shall be exempt from fee charges:
16
17 Retail food establishments that are operated by a public or private school (kindergarten through grade 12); or are operated
18 by a child care facility.
19
20 Retail food establishments operated by health care facilities that are regulated by the Department.
21
22 Retail food establishments that are operated by other state agencies or local governments that provide food for patients,
23 clients or inmates.
24
25 Retail food establishments that are operated by non-profit organizations for the purpose of providing meals or food to
26 needy persons at little or no cost; or for the purpose of raising money for a charitable purpose.
27
28 An entity claiming an exemption from fee charges may be required to submit annually to the Department written evidence
29 that it meets one or more of the above criteria.
30 21. (DHEC: Vital Records Fees) The Department of Health and Environmental Control shall revise fees for Vital
31 Records. The following fee schedule shall be implemented effective July 1, 1991 and the revenue generated shall be retained
32 and expended by the agency to offset the cost of operations of the Vital Records System.
33
34 Records Search (includes one certification, if located) . $ 8.00
35
36 Additional similar certifications of the same
37 record ordered at the same time . . . . . . . . . . . . . . $ 3.00
38
39 Expedited service (additional to other required fees) . . . $ 5.00
40
41 Index Verification for Government Agencies . . . . . . . . $ 2.00
42
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 457
1 Special Filing Fees (additional to research fee)
2 (1) Correction of certificate by affidavit . . . . . . . . $10.00
3 (2) Amended certificate (adoption, legitimation,
4 court order, paternity acknowledgement) . . . . . . . . . . $10.00
5 (3) Delayed Registration of Birth . . . . . . . . . . . . $10.00
6
7 Fees collected at the county health departments for records searches, amendments of records, delayed birth
8 registration and additional copies of the same record requested at the same time shall be distributed as follows: 50%
9 to the county health department and 50% to Vital Records Central Office.
10 22. (DHEC: Health Licensing Fee) Funds resulting from an increase in the Health Licensing Fee Schedule shall be
11 retained by the Department to fund increased responsibilities of the health licensing programs.
12 23. (DHEC: Controlled Substances Registration Fees) Provided, that the fees assessed for registration under Title 44,
13 Chapter 53, Article 3 of the amended Code (the Controlled Substances Act) and set forth under Paragraph 103 of R61-4 of
14 the amended Code shall be increased as follows:
15 (1) The fees set in R61-4, Paragraph 103(a), (c), (d), (e), and (h) at $75.00 per annum are increased to $100.00 per
16 annum.
17 (2) The fees set in R61-4, Paragraph 103(b) at $75.00 per annum are increased to $275.00 per annum.
18 (3) The fees set in R61-4, Paragraph 103(f) at $360.00 per annum are increased to $600.00 per annum.
19 (4) The fees set in R61-4, Paragraph 103(g) at $240.00 per annum are increased to $500.00 per annum.
20 (5) The Department of Health and Environmental Control shall modify R61-4, Paragraph 103 to conform to the fees
21 set forth in this proviso.
22 (6) This proviso shall become effective for the 1992-1993 registration period and shall continue in force until modified
23 by revision of R61-4, Paragraph 103.
24 24. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in the
25 Medical & Dental Loan program may be expended for other health service programs.
26 25. (DHEC: Infectious Waste Contingency Fund) The Department of Health and Environmental Control is authorized
27 to use not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses
28 to implement the Infectious Waste Act.
29 26. (DHEC: Nursing Home Medicaid Bed Day Permit) Beginning July 1, 1993, when transfer of a medicaid patient
30 from a nursing home is necessary due to violations of state or federal law or medicaid certification requirements, the
31 medicaid patient day permit shall be transferred with the patient to the receiving nursing home. The receiving facility shall
32 apply to permanently retain the medicaid patient day permit within sixty days of receipt of the patient.
33 27. (DHEC: SC Mining Council) The amount appropriated in this section for "Mining and Reclamation", "Per Diem"
34 and "Travel" may be used for reimbursement of expenses and per diem for the South Carolina Mining Council.
35 28. (DHEC: Mining Fees) The Department shall be authorized to assess and collect application fees and other fees
36 associated with the implementation of the S.C. Mining Act. Authorized fee categories and amounts are as follows:
37
38 A. Mining Permit Application Fee . . . . . . . . . $500.00
39 B. Mining Permit Renewal Fee . . . . . . . . . . . $250.00
40 C. Substantial Permit Modification Fee . . . . . . $250.00
41 D. Mining Permit Transfer Fee . . . . . . . . . . . $ 50.00
42
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 458
1 All authorized fees must be received with the appropriate application by the Unit and shall be non-refundable to the
2 applicant.
3 As part of the Annual Reclamation Report required pursuant to Section 48-20-120 of the S.C. Mining Act, the Department
4 shall be authorized to assess and collect an annual operating fee of one hundred twenty-five dollars ($125) for each mine with
5 an operating permit. The Department may assess a late fee of fifty dollars ($50) per month for each month the annual
6 reclamation report and/or annual operating fees are delinquent. All fees generated pursuant to this proviso shall be remitted
7 to the general fund.
8 29. (DHEC: Mineral Sets Revenue) The Department is authorized to charge a reasonable fee for mineral sets. Funds
9 generated from the sale of mineral sets may be retained by the Department in a revolving account with a maximum carry
10 forward of $2,000 and must be expended for mineral set supplies and related mining and reclamation educational products.
11 30. (DHEC: Spoil Easement Areas Revenue) The Department is authorized to collect, retain and expend funds received
12 from the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South Carolina's
13 responsibility for providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South Carolina. Any
14 unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for
15 the same purposes.
16 31. (DHEC: Performance Bond Forfeiture Revenue Carry Forward) The Department is authorized to retain and expend
17 revenue derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas. Any unexpended
18 balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for the same
19 purposes.
20 32. (DHEC: Special Permits) Notwithstanding any other provisions of law or Rule and Regulation where the State of
21 South Carolina is exposed to compensation requirements of the Constitutions, the Department is hereby authorized to issue
22 special permits pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 square feet of heated
23 space.
24 33. (DHEC: Permit Application) Permit Application fees collected pursuant to Section 48-39-145 of the 1976 Code must
25 be retained by the department and used to establish the Coastal Resources Access Fund to be administered by the Office of
26 Ocean and Coastal Resource Management. The office shall make matching grants from the fund on a 50/50 basis to local
27 governments in the South Carolina Coastal Zone for projects which enhance the public's use and enjoyment of coastal
28 resources.
29 34. (DHEC: Construction, Demolition, and Land-Clearing Debris Landfills) The department may not expend funds from
30 any source to implement or enforce or implement and enforce any of the provisions of R.61-107.11, entitled Solid Waste
31 Management: Construction, Demolition, and Land-Clearing Debris Landfills, or any provisions of Part III of the proposed
32 amendments to this regulation approved in draft form by the Board of Health and Environmental Control on April 14, 1994,
33 as these provisions apply to landfills managing construction, demolition, and land-clearing debris generated in the course of
34 normal operations on property under the same ownership or control as the landfill, until separate regulatory requirements
35 are promulgated and in effect for these landfills.
36 35. (DHEC: Per Visit Rate Bureau of Home Health and Long Term Care) The SCDHEC is authorized to compensate
37 non-permanent, part-time employees on a fixed rate per visit basis. Compensation on a fixed rate per visit may be paid only
38 to Bureau of Home Health and Long Term Care employees for whom the Department receives per visit reimbursement from
39 other sources. These individuals will provide direct patient care in a home environment. The per visit rate may vary based
40 on the discipline providing the care and the geographical location of services rendered. Management may pay exempt or
41 non-exempt employees as defined by the Fair Labor Standards Act only when they are needed to work. Individuals employed
42 in this category may exceed twelve months, but are not eligible for State benefits except for the option of contributing to the
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 459
1 State Retirement System.
2 36. (DHEC: Grand Strand Beach Renourishment Match) Any funds appropriated by the state for the Grand Strand Beach
3 Renourishment Project cannot be expended until the U.S. Army Corps of Engineers certifies to the Department of Health
4 & Environmental Control that the federal funds and the required funds from local governments for construction of the Grand
5 Strand Beach Renourishment Project are available for expenditure.
6 37. (DHEC: Cardiac Care Services) Notwithstanding any other provision of law, any facility which: (1) obtained a
7 certificate of need for diagnostic cardiac catheterization before July 10, 1992; (2) filed to obtain a certificate of need for
8 open-heart surgical services before January 1, 1993; and (3) has a written open-heart surgery back-up agreement with a
9 facility that provides an open-heart surgery service located within a thirty-minute one-way drive may provide therapeutic
10 cardiac catheterizations. The facility's authority to continue to provide therapeutic cardiac catheterizations terminates sixty
11 days after the effective date of any changes to the criteria contained in the State Health Plan for issuing a certificate of need
12 for open heart surgery. A facility may continue to provide therapeutic cardiac catheterizations after the sixty-day period only
13 if the facility has applied for a certificate of need for open heart surgery under the new criteria within sixty days of the new
14 criteria's effective date. The facility's authority to continue to provide therapeutic cardiac catheterizations during the period
15 while its certificate of need application under the new criteria is pending terminates upon the issuance of a final non-
16 appealable decision on the application for a certificate of need under the new criteria.
17
18
19 J12 - SECTION 31 - DEPARTMENT OF MENTAL HEALTH
20
21 1. (DMH: Medicare Revenue) All Federal Funds received by the Department of Mental Health from patients' Medicare
22 benefits shall be considered as patient fees under the provision of Act No. 1276 of the 1970 Acts (provision for the issuance
23 of bonds to be repaid from patient fees) except that the Department shall remit to the General Fund of the State $290,963
24 from such funds to support the appropriation for administrative costs of the collection of Medicare benefits. The Department
25 shall retain and expend up to $3 million of all Medicare Revenue earned prior to July 1, of the prior fiscal year, but received
26 in the current fiscal year from cost recovery efforts, all additional prior earnings shall be remitted to the General Fund,
27 except that the cost and fees of identifying and collecting such additional Medicare Revenue to which the Department is
28 entitled may be paid from funds actually collected from such efforts.
29 2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in addition to other payments
30 provided in Part I of this Act, the Department of Mental Health is hereby directed during the current fiscal year to remit to
31 the General Fund of the State the amount of $3,800,000 to be paid from the surplus funds in the paying patient account which
32 has been previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970.
33 3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in addition to other payments
34 provided in Part I of this Act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide
35 the funds budgeted herein for $6,214,911 for Departmental operations, $400,000 for the Continuum of Care, $10,000 for
36 the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for
37 Palmetto Pathways, $50,000 for New Day Clubhouse and up to $685,000 for day-to-day operations at the Campbell Nursing
38 Home , from the Patient Fee Account which has been previously designated for capital improvements and debt service under
39 provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund the cost of Medicare Part B
40 premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill shall provide an
41 itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on
42 Mental Health and Mental Retardation. The South Carolina Self-Help Association Regarding Emotions shall provide an
SECTION 31 - DEPARTMENT OF MENTAL HEALTH PAGE 460
1 itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on
2 Mental Health and Mental Retardation. DMH is authorized to use unobligated Patient Paying Fee Account funds for
3 community transition programs. The funds made available shall be utilized consistently with the Transition Leadership
4 Council's definition of severely mentally ill children and adults. The Department shall report their use of these funds to the
5 Legislative-Governor's Committee on Mental Health and Mental Retardation, the House Ways and Means Committee, and
6 the Senate Finance Committee. This amendment is made not withstanding other obligations currently set forth in this
7 proviso.
8 4. (DMH: Paying Patient Fee Hall Institute) Notwithstanding any other provisions of law and in addition to other
9 payments provided in this section, the Department of Mental Health is authorized to utilize up to $1,530,520 of the funds
10 collected from paying patients hospitalized in the acute care units of the William S. Hall Psychiatric Institute to defray the
11 cost of training mental health personnel and psychiatric research at that facility pursuant to Section 44-11-10(2), Code of
12 Laws of South Carolina, 1976; these being a part of the funds previously designated for capital improvements and debt
13 service under the provisions of Act 1276 of 1970.
14 5. (DMH: Institution Generated Funds) The Department of Mental Health is authorized to retain and expend institution
15 generated funds which are budgeted.
16 6. (DMH: Harris Psychiatric Hospital Carry Forward) The Budget and Control Board shall authorize the Department
17 of Mental Health to carry forward any remaining funds allocated for Harris Psychiatric Hospital in the prior fiscal year to
18 assure full-funding of Harris Psychiatric Hospital in the current fiscal year. The Department is authorized to utilize these
19 funds to provide for community screening and service for potential admission to Harris Psychiatric Hospital.
20 7. (DMH: VA Nursing Home Carry Forward) The Department is authorized to carry forward into the current year,
21 funds allocated in the prior fiscal year for the operation of the Campbell Nursing Home. Funds carried forward shall be
22 expended for the same purpose during the current fiscal year.
23 8. (DMH: Transfer of Patients to DDSN) DMH is authorized to transfer to the Department of Disabilities & Special
24 Needs, state appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate
25 patients from DMH to the Department of Disabilities & Special Needs. Notwithstanding any other provisions of law and
26 in addition to other payments as authorized in this Act, DMH is also authorized to utilize up to $500,000 from the Patient
27 Fee Account to help defray costs of these transferees.
28 9. (DMH: Harris Hospital Funds Transfer Notification) Prior to any transfer of funds from the current budget for
29 Harris Hospital, the Department shall notify the Chairmen of the Joint Appropriations Review Committee, the House Ways
30 and Means Committee and the Senate Finance Committee.
31 10. (DMH: Sale of Property Revenue) The Department may retain revenues associated with the sale of property and
32 may expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and Control
33 Board.
34 11. (DMH: Department Owned Housing Rental) The Department of Mental Health may charge other than fair market
35 value for rental of department-owned housing when such rentals assist in the recruitment and training of mental health
36 professionals.
37 12. (DMH: Crafts Farrow/State Hospital) Notwithstanding the provisions of 44-11-10 of the SC Code of Laws, the
38 Department of Mental Health no longer must maintain the S.C. State Hospital and the Crafts-Farrow State Hospital as
39 separate institutions, but may use its appropriations contained in Part IA of this act to implement an administrative merger
40 to achieve improved patient care and to effect cost savings for the department.
PAGE 461
1 J16 - SECTION 32 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS
2
3 1. (DDSN: Work Activity Programs) All revenues derived from production contracts earned by mentally retarded
4 trainees in Work Activity Programs be retained by the South Carolina Department of Disabilities & Special Needs and carried
5 forward as necessary into the following fiscal year to be used for other operating expenses and/or permanent improvements
6 of these Work Activity Programs.
7 2. (DDSN: Sale of Excess Real Property) The Department is authorized to retain revenues associated with the sale
8 of excess Department-owned real property and may expend these funds to purchase land and construct community residences
9 to serve the mentally retarded. In the construction of new facilities, the Department shall follow all the policies and
10 procedures of the Budget and Control Board and the Joint Bond Review Committee.
11 3. (DDSN: Prenatal Diagnosis) Revenues not to exceed $126,000 from client fees, credited to the debt service fund
12 and not required to meet the Department's debt service requirement, may be expended only in the current fiscal year to
13 promote expanded prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic Center.
14 4. (DDSN: Medicaid Funded Contract Settlements) The Department is authorized to carry forward and retain
15 settlements under Medicaid-funded contracts.
16 5. (DDSN: Medicare Reimbursements) The Department may continue to budget Medicare reimbursements to cover
17 operating expenses of the program providing such services.
18 6. (DDSN: Departmental Generated Revenue) The Department is authorized to continue to expend Departmental
19 generated revenues that are authorized in the budget.
20 7. (DDSN: Patient Day Fee) The Department may exclude Medicaid revenues from the Intermediate Care Facilities
21 for the Mentally Retarded's patient day fee from indirect cost recovery payments.
22
23
24 J20 - SECTION 33 - DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES
25
26 1. (DAODAS: School Intervention Activity) $1,149,204 of the amount appropriated as "Total Distribution to
27 Subdivisions" in Program III, Division of Programs and Services is intended to be used for the School Intervention activity
28 and none of this sum shall be used by the Department for the employment of personnel.
29 2. (DAODAS: Training & Conference Revenue) The Department may charge fees for training events and conferences.
30 The revenues from such events shall be deposited in the General Fund.
31 3. (DAODAS: Other Funded New Positions) The Department of Alcohol & Other Drug Abuse Services may fill the
32 other funded personnel authorized in this section only if such funds are available at the time the new positions are to be filled.
33 4. (DAODAS: Chemical Dependency Programs) The Department of Alcohol & Other Drug Abuse Services shall use
34 one-time funding to reduce the recidivism rate of juvenile offenders through a transitional treatment program for addictions.
35 The Department will review the ability of parents of juvenile offenders to off-set the costs of this program through a sliding
36 scale fee-for-service and report on this in the evaluation of this program. In addition, the Department will develop a plan
37 for a coordinated, non-duplicative service delivery network through comprehensive utilization of community-wide services
38 and coordination of chemical dependency funding streams. The Department will present a report to the Governor's Office,
39 to the House Ways and Means Committee, and to the Senate Finance Committee no later than January 15, 1997.
PAGE 462
1 K05 - SECTION 34 - DEPARTMENT OF PUBLIC SAFETY
2
3 1. (DPS: Special Events Traffic Control) The Highway Patrol must not charge any fee associated with special events
4 for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the
5 General Assembly. Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private
6 or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety.
7 2. (DPS: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of
8 meals to employees, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement,
9 third party Commercial Driver License testing, photo copying, sale of miscellaneous refuse and recyclable materials, tuition
10 from military breathalyzer courses, coin operated telephones, and revenue from canteen operations and building management
11 services, revenue from regional and national marketing of the "Crime-to-Court" and other Department of Public Safety and
12 E.T.V. series shall be retained by the Department and expended in budgeted operations for food services, expansion and
13 improvement of the Department's E.T.V. program, professional training, fees and dues, and other related services or
14 programs as the Director of the Department of Public Safety may deem necessary.
15 The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue
16 retained and carried forward.
17 3. (DPS: Detective/Security Fee) The Department of Public Safety is hereby authorized to charge and collect additional
18 license and registration fees for private detective businesses, private security businesses, including employees of these
19 businesses, and companies which provide private security on their own premises. The funds generated will be retained by
20 the Department and used for the purpose of providing additional security in the Capitol Complex area.
21 4. (DPS: Realign Appropriations) In consultation with the House Ways and Means Committee and the Senate Finance
22 Committee, the Department of Public Safety is authorized to realign its Fiscal Year 1995-96 appropriations into a revised
23 structure to reflect actual program operations.
24 5. (DPS: Revenue Generated Carry Forward) Notwithstanding any other provision of law, all revenue generated by
25 the Department of Public Safety from the sale of vehicles, various equipment, less the cost of disposition incurred by the
26 B & C Board Division of Operations, gasoline and insurance claims during the prior fiscal year may be retained and carried
27 forward into the current fiscal year and expended for the purpose of purchasing like items.
28 6. (DPS: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, authorized to be
29 expended or used for any federal grant program may be retained and carried forward to the current fiscal year and used for
30 matching committed and/or unanticipated grant funds.
31 7. (DPS: Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the
32 Department of Public Safety is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenditures
33 incurred in the prior fiscal year.
34 8. (DPS: Expenditures Limit) Notwithstanding Title 23 of the 1976 Code, for the current fiscal year, the total amount
35 of expenditures for the Department of Public Safety may not exceed $105,248,270 and any revenue above this amount must
36 be credited to the General Fund of the State, not including existing budgeted Federal and Other funds.
37
38
39 L04 - SECTION 35 - DEPARTMENT OF SOCIAL SERVICES
40
41 1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program
42 overpayments and all such overpayments shall be recouped in accordance with established collection policy. Funds of
SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 463
1 $800,000 collected under the Child Support Enforcement Program (Title IV D) which are State Funds shall be remitted to
2 the State Treasurer and credited to the General Fund of the State. All state funds above $800,000 shall be retained by the
3 Department to fund Self-Sufficiency and Family Preservation and Support initiatives.
4 2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under the
5 IV-D Program, for credit to the General Fund in order to allow full participation in the Federal "set off" program offered
6 through the Internal Revenue Service, the withholding of unemployment insurance benefits through the South Carolina
7 Employment Security Commission and reimbursement for expenditures related to blood testing. Such funds may not be
8 expended for any other purpose. The Department of Social Services be allowed to utilize the State share of Federally
9 required application fees, collected from Non-AFDC clients, in the administration of the Child Support Enforcement
10 Program. Such funds may not be expended for any other purpose. However, this shall not include Child Support
11 Enforcement Program incentives paid to the program from Federal Funds to encourage and reward cost effective
12 performance. Such incentives are to be reinvested in the program to increase collections of support at the State and County
13 levels in a manner consistent with federal laws and regulations governing such incentive payments. The Department shall
14 not use Clerk of Court incentive funds to replace agency operating funds. Such funds shall be remitted to the appropriate
15 state governmental entity to further child support collection efforts.
16 3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed one
17 thousand five hundred dollars per burial.
18 4. (DSS: Assistance Payments Client List) The names of persons benefiting from assistance payments under the several
19 programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal
20 regulations.
21 5. (DSS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance, the
22 Department will supplement the income of individuals who reside in those licensed residential care facilities that have an
23 approved Optional Supplement Request with the Department. Individuals who reside in those residential care facilities with
24 approved Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions of Public Law 92-
25 603, U.S. Code, or who would qualify except for income limitations or residence in a residential care facility reclassified
26 as a public institution by the Social Security Administration. For the period of the current fiscal year, the Department will,
27 based on availability of funds, supplement the income of the above defined group up to a maximum of $741.00 per/month
28 and the residential care facilities are authorized to charge a fee of $708.00 per/month for the defined group. The Department
29 will allow each individual in the defined group a $33.00 per/month personal needs allowance. If the federal government
30 grants a cost of living increase to Social Security and Supplemental Security Income recipients, the Department will reduce
31 the Optional Supplement by the amount of the cost of living income. The Department shall establish the maximum number
32 of Optional Supplement Requests that can be funded from the funds appropriated herein and report this data to the House
33 Ways and Means and Senate Finance Committees within thirty days after the effective date of this act. All funds
34 appropriated or generated for this program must remain with the Optional Supplement program. Each residential care facility
35 must submit to the Department prior to July 1 each year the number of Optional Supplement Requests for the above defined
36 group to be served during the next twelve months. Residential Care Facilities holding a slot will be allocated slots based
37 on their current allocation and available funds. The Department will develop a waiting list based on present and future
38 applications received from each county. Slots will be allocated to homes in the counties showing the greatest need. If a
39 facility does not fill a vacant slot within ninety days the slot will be reallocated. Payments shall be made to those individuals
40 who reside in residential care facilities with assigned slots. If a resident should decide to leave a residential care facility prior
41 to the end of a month in which payment is made, there will be no refund except in a case of a medical emergency.
42 6. (DSS: Child Day Care Facilities) Notwithstanding the provisions of Act 184 of 1977 as amended relating to child
SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 464
1 day care facilities, the Department is granted the authority to grant provisional licenses, provisional approvals and provisional
2 registrations to new facilities covered under Articles II, III, and V of Act 184 of 1977 as amended for a period no longer
3 than a year and to grant or extend provisional licenses, provisional approvals and provisional registrations to existing facilities
4 covered under Articles II, III, and V of Act 184 of 1977 as amended but in no case beyond July 1, of the next fiscal year.
5 7. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee.
6 8. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II E entitled Battered Spouse shall be
7 allocated through contractual agreement to providers of this service. These appropriations may also be used for public
8 awareness and contracted services for victims of this social problem including the abused and children accompanying the
9 abused. Such funds may not be expended for any other purpose nor be reduced by any amount greater than that stipulated
10 by the Budget and Control Board or the General Assembly for the agency as a whole.
11 9. (DSS: Court Examiner Service Exemption) In order to prevent the loss of Federal Funds to the State, employees
12 of the Department of Social Services whose salaries are paid in full or in part from Federal Funds will be exempt from
13 serving as court examiners.
14 10. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts
15 receivable in accordance with appropriate and applicable Federal regulations.
16 11. (DSS: Attorney or Guardian Ad Litem Fees) Effective July 1, of the current fiscal year, any monies appropriated
17 for the payment of attorneys' fees or Guardian ad Litem fees in either abuse and neglect, termination of parental rights, or
18 judicial review cases arising under Section 20-7-480, et. seq. of the SC Code of Laws, (1976, as amended), and adult
19 protective services cases under Section 43-29-10, et. seq. of the SC Code of Laws, (1976, as amended), shall only be paid
20 in accordance with DSS policy which shall include limits on awards and procedures for payment, in due consideration of
21 the Agency's budgetary limitations and specific funds allocated for such purposes. No other fees or costs associated with
22 the above referenced cases shall be paid unless expressly authorized by statute, court rules or DSS policy and provided that
23 sufficient funds have been allocated for such purposes.
24 12. (DSS: AFDC Advance Funds) The Department of Social Services is authorized to advance sufficient funds during
25 each fiscal year from the Aid to Families with Dependent Children Assistance Payments general fund appropriations to the
26 Aid to Families with Dependent Children Assistance Payments federal account only for the purpose of allowing a sufficient
27 cash flow in the federal account. The advance must be refunded no later than April of the same fiscal year. Upon the
28 advance of funds as provided herein, the Comptroller General is authorized to process the July voucher for the funding of
29 benefit checks.
30 13. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept donations,
31 grants, and bequests for social services provided under their direct responsibility on the basis of a fee schedule approved
32 by the Budget and Control Board. The fees collected shall be utilized by the Department of Social Services to further
33 develop and administer these program efforts.
34 14. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the Department
35 may elect to supplement the income of individuals who reside in foster homes or supported independent living arrangements
36 certified by the Department of Mental Health and who qualify as mentally disabled under the definitions of Public Law 92-
37 603, U. S. Code, or who would qualify except for income limitations with the supplement being at the same rate as for
38 other individuals who qualify for General Assistance. The Department shall contract with the Department of Mental Health
39 to ensure that the payments of General Assistance to persons who would not otherwise qualify except for this proviso shall
40 be transferred to the Department from the appropriations made to the Department of Mental Health.
41 15. (DSS: Work Support/Teen Companion Programs) The Department of Social Services shall be allowed to transfer
42 into the Administrative area of the Work Support/Teen Companion Programs, documented savings generated from reduced
SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 465
1 AFDC Assistance Payments Caseloads as a result of these programs.
2 16. (DSS: Electronic Benefits Transfer System) The funds appropriated herein for the Electronic Benefits Transfer
3 System Pilot Project (EBT) shall be used for the development, start-up, and evaluation of the pilot system. The Department
4 of Social Services is directed to develop a request for proposals to pilot an Electronic Benefits Transfer System and
5 implement the pilot project proceed with planning for the expansion of the use of the EBT system for other government
6 benefits delivery, beginning with the Aid to Families with Dependent children program. The agency shall submit a status
7 report on the implementation of the system to the members of the Senate Finance and House Ways and Means Committees
8 by July 1, 1995. 1996.
9 17. (DSS: Medicaid Application) It is the intent of the General Assembly to encourage persons to apply for Medicaid
10 coverage, for the application process to be as simple as possible, and for workers to assist applicants as much as possible
11 in completing the application process. The Department of Health and Human Services shall work with the Department of
12 Social Services to develop a training package for Medicaid workers for use in the county offices. Training would include
13 substantive information on the Medicaid eligibility determination process as well as training in relating to clients and
14 applicants. Training and Medicaid management reports should be developed for county directors to enable them to manage
15 their Medicaid staff.
16 18. (DSS: Medicaid Program Employees) The Department of Health and Human Services shall work with the
17 Department of Social Services and contractually establish by slot number, location, and specific cost center those positions
18 who are dedicated to work in the Medicaid program.
19 19. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the AFDC
20 and Food Stamp programs shall be retained by the Department. A portion of these funds shall be distributed to local county
21 offices for emergency and program operations. The remaining funds will be used by the Department to fund our Food Stamp
22 Reinvestment Plan and other program operations.
23 20. (DSS: Day Care Centers) The Department shall continue the direct operation of day care centers in Colleton and
24 Charleston counties as long as the centers operate solely on revenues generated from fees or vouchers and without a subsidy
25 from state funds appropriated to the Department.
26 21. (DSS: AFDC - Immunizations Certificates) The Department shall require all AFDC applicants and/or recipients to
27 provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the
28 Department shall assist in referring applicants to appropriate county health departments to obtain the immunizations.
29 22. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated for the
30 payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising under
31 Section 20-7-480, et. seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section 43-
32 35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which shall
33 include limits on awards and procedures for payment, in due consideration of the Agency budgetary limitations and specific
34 funds allocated for such purposes. Provided further that DSS shall pay up to a maximum hourly rate to Licensed
35 Psychologists, Social Workers, Nurses, Ministerial Counseling, Family and Marriage Counselors of $60 for counseling and
36 $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum hourly rate to Physicians of $125
37 for expert witness fees, to include travel time.
38 23. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code of
39 Laws, 1976, as amended, the Department is authorized to pay from funds appropriated in this section the costs of Federal
40 Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the Department.
PAGE 466
1 L12 - SECTION 36 - JOHN DE LA HOWE SCHOOL
2
3 1. (JDLHS: Status Offender Carry Forward) To facilitate the period of initial program start-up, unexpended EIA status
4 offender funds distributed to John de la Howe School from the Department of Education may be carried forward and used
5 for the same purpose.
6
7
8 L24 - SECTION 37 - COMMISSION FOR THE BLIND
9
10 1. (BLIND: Matching Federal Funds) For the current fiscal year the amount appropriated in this section under Program
11 II for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under the
12 Federal Vocational Rehabilitation Program.
13 2. (BLIND: Horticulture Revenue) Revenues derived from the production of horticulture products by clients of the
14 Adult Adjustment and Training Center may be retained by the Commission and used in the facility for client payments and
15 other production costs.
16
17
18 L32 - SECTION 38 - HOUSING, FINANCE & DEVELOPMENT AUTHORITY
19
20 1. (HFDA: Federal Rental Assistance Administrative Fee Carry Forward) All federal rental assistance administrative
21 fees shall be carried forward to the current fiscal year for use by the Authority in the administration of the federal programs
22 under contract with the Authority. No State funds are to be used in the administration of these programs.
23 2. (HFDA: Program Expenses Carry Forward) For the prior fiscal year monies withdrawn from the Authority's various
24 bond-financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay program expenses,
25 may be carried forward by the Authority into the current fiscal year. By October 1, of the current fiscal year, a report shall
26 be submitted to the Senate Finance Committee and the House Ways and Means Committee, detailing the amount carried
27 forward and a detailed budget for its expenditure.
28
29
30 L36 - SECTION 39 - HUMAN AFFAIRS COMMISSION
31
32 1. (HAC: Sale of Publication) Up to $4,000 in revenue derived from the sale of 'The Blueprint' may be retained and
33 expended for the purpose of conducting future Human Affairs Forums. Any remaining balance may be expended for the
34 same purpose.
35 2. (HAC: Human Affairs Forum Carry Forward) Revenue derived from donations and registration fees received for
36 attendance at the Human Affairs Forum may be retained and carried forward into the current fiscal year and expended for
37 the purpose of conducting future Human Affairs Forums.
38 3. (HAC: Training Revenue) Revenue derived from fees charged by the Commission for consultative services, such
39 as training, community relations and technical services, shall be deposited in the General Fund.
PAGE 467
1 L46 - SECTION 40 - COMMISSION ON MINORITY AFFAIRS
2
3 1. (CMA: Private Contributions and Sponsorship) Monies derived from private sources for agency research, forums,
4 training and institutes may be retained and expended by the Commission for the said purpose. Any remaining balance may
5 be carried forward and expended for the same purpose.
6 2. (CMA: Carry Forward Registration Fees) Revenue derived from registration fees received from training and institutes
7 may be retained and carried forward for the purpose of conducting future training and institutes.
8 3. (CMA: Carry Forward Grant Awards) Revenues pooled from public and private sources for the purpose of awarding
9 grants to address problems in the minority community may be retained and carried forward by the Commission.
10
11
12 N04 - SECTION 41 - DEPARTMENT OF CORRECTIONS
13
14 1. (CORR: Clothes/Transportation Upon Discharge) Whenever an inmate shall be discharged from the Department
15 of Corrections, the State Board of Corrections thereof shall furnish such inmate with a suit of common clothes, if deemed
16 necessary, and transportation from the Department of Corrections to his home, if his home be within this State, or to the
17 County from which he was sentenced if his home be without this State.
18 2. (CORR: Extended Work Release Program Carry Forward) Revenue derived wholly from supervisory charges paid
19 by inmates participating in the Extended Work Release Program be retained by the Department of Corrections to continue
20 the program. Revenue collected and retained by the Department of Corrections in prior years from the Extended Work
21 Release Program be retained and carried forward to continue the Extended Work Release Program.
22 3. (CORR: Farm Program) Notwithstanding any provision of law to the contrary, the proceeds from the sale of all
23 excess agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be
24 retained by that agency to be utilized in the expansion and modernization of the program.
25 4. (CORR: Sale of Products) In addition to sales currently authorized by statute, all articles or products produced by
26 the Department of Corrections may be sold on the open market; those articles or products not provided for by statute, are
27 sold and distributed through wholesalers and jobbers within this State.
28 5. (CORR: Habilitation Unit for Developmentally Disabled) Notwithstanding any other provision of law to the
29 contrary, the excess revenue generated by the Adult Work Activity Center be returned to the Department of Corrections to
30 be utilized in the expansion and modernization of the Habilitation Unit for the Developmentally Disabled.
31 6. (CORR: Canteen Operations) Revenue derived wholly from the Canteen operations within the Department of
32 Corrections on behalf of the inmate population, may be retained and expended by the Department for the continuation of the
33 operation of said Canteens and the welfare of the inmate population. The Canteen operation is to be treated as an enterprise
34 fund within the Department of Corrections and is not to be subsidized by State Appropriated Funds.
35 7. (CORR: Contract for Services) Upon initiation by the South Carolina Department of Corrections, and upon prior
36 approval by the Budget and Control Board, the Department of Corrections may contract for any and all services, but such
37 services must (1) demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result in
38 long-term operational cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support space
39 more expeditiously than traditional methods, and (4) be subject to the year-to-year appropriation process of the General
40 Assembly and state procurement procedures.
41 8. (CORR: Contract Performance Funded Literacy Instruction) Of funds appropriated for the Palmetto Unified School
42 District Contractual Services, $75,000 must be used for contracting with private sector education providers for performance-
SECTION 41 - DEPARTMENT OF CORRECTIONS PAGE 468
1 funded literacy instruction. Contractors would be paid only for student progress on quantifiable performance measurements.
2 9. (CORR: E.H. Cooper Trust Fund) Notwithstanding any provision of law to the contrary, the Commissioner of the
3 Department of Corrections, at his discretion, may utilize interest generated from the fund created by interest which accrued
4 to the E.H. Cooper Trust Fund and was retained by the Department of Corrections in prior years. The Commissioner may
5 use these funds for special projects benefiting the general welfare of all inmates in the custody of the Board of Corrections.
6 10. (CORR: Work Release Program Transportation Fee) The Department is authorized to charge a one dollar ($1.00)
7 per day transportation fee to participants in the work release program.
8 11. (CORR: Instructional Salaries) The certified instructional personnel of the Department of Corrections shall receive
9 a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional
10 personnel throughout the State.
11 12. (CORR: Turbeville Correctional Institution) Funds appropriated herein shall be used for the opening and operating
12 of the Turbeville Correctional Institution during the current fiscal year.
13 13. (CORR: Ridgeland Correctional Institution) Of funds appropriated for the Housing, Care, Security and Supervision
14 Other Operating Expenses, $141,758 must be used to provide funding for water and sewer availability for the prison located
15 in Ridgeland, in accordance with contractual commitments.
16 14. (CORR: Ridgeland 24-Hour Security) Of funds authorized in this section for Housing, Care and Security, $200,000
17 and 8 FTEs shall be used to provide 24-hour security at the Ridgeland Correctional Institution.
18 15. (CORR: Recreational Weight Room Equipment) All recreational weight room equipment within the South Carolina
19 Department of Corrections shall be disbursed in the following order: to the Department of Corrections Training Facility,
20 the Criminal Justice Academy and to the Department of Education for distribution to local school districts. The Department
21 of Corrections is prohibited from purchasing recreational weight room equipment for inmate use and if any prison fails to
22 remove the weights from inmates' use, then $10,000,000 of the State General Funds will be withheld from the Other
23 Operating Expenses of the Department of Corrections.
24 16. (CORR: Recreational Scoreboards and Bleachers) The recreational scoreboards and bleachers determined to be
25 surplus by the South Carolina Department of Corrections may be donated by the Department to the school district in which
26 the donating institution is located.
27 17. (CORR: Funding Through State Criminal Assistance Program) All funds received by the State from the United States
28 Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the state
29 correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses.
30 18. (CORR: Medical Expenses) The Department of Corrections shall be authorized to charge inmates for any medical
31 treatment or consultation provided at the request of or initiated by the inmate. Inmates shall not be charged for psychological
32 or mental health visits.
33
34
35 N08 - SECTION 42 - DEPARTMENT OF PROBATION, PAROLE & PARDON
36
37 1. (DPPP: Hearing Fee) The Department of Probation, Parole and Pardon Services shall receive a hearing fee under
38 a plan approved by the Budget and Control Board.
PAGE 469
1 N12 - SECTION 43 - DEPARTMENT OF JUVENILE JUSTICE
2
3 1. (DJJ: Meal Ticket Revenue) The revenue generated from sale of meal tickets by the Department of Juvenile Justice
4 shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the agency's
5 cafeterias and food service programs.
6 2. (DJJ: Interstate Compact/Juvenile Restitution Programs Revenue) The revenue returned to the Interstate Compact
7 Program and the revenue returned from the Juvenile Restitution Program shall be retained and carried forward into the
8 current fiscal year by the Agency and expended for the Operation of the respective program areas.
9 3. (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South Carolina
10 Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a
11 schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in
12 Regulation 43175.
13 4. (DJJ: Children's Projects Revenue) Funds generated from the projects undertaken by children under the supervision
14 of the Department of Juvenile Justice may be retained by the Department and utilized for the benefit of those children. Such
15 funds may be carried forward into the following fiscal year.
16 5. (DJJ: Report on Children Detained Before Adjudication) The South Carolina Department of Juvenile Justice shall
17 compile data for one year following the effective date of an Act of 1990 passed pursuant to Senate Bill 1485, and that data
18 must reflect the total number of children detained before adjudication, the reasons for those detentions, the average length
19 of those detentions, the percentage of children needing treatment services, and the types of treatment services needed
20 including, but not limited to, the number of children needing mental health services and the number of children needing
21 alcohol and drug abuse treatment. This data must be reported on a quarterly basis to the Joint Legislative Committee on
22 Children.
23 6. (DJJ: Revenues Generated) All revenues generated from USDA federal grants, the Education Finance Act (EFA),
24 the Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended
25 by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with these
26 programs.
27 7. (DJJ: Instructional Salaries) The certified instructional personnel of the Department of Juvenile Justice shall receive
28 a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional
29 personnel throughout the State.
30
31
32 P12 - SECTION 44 - FORESTRY COMMISSION
33
34 1. (FC: Surplus Property Exemption) The South Carolina Forestry Commission may retain and apply all receipts, less
35 the cost of disposition incurred by the Division of Operations - Office of General Services, from the sale of surplus forest
36 firefighting equipment toward the purchase of forest firefighting equipment.
37 2. (FC: Ladies Island Fire Tower/Pickens Area Office) The South Carolina Forestry Commission is authorized to sell
38 1.02 acres of real property with improvements, known as Ladies Island Fire Tower site located in Beaufort County and to
39 use the receipts from the sale for construction of the Pickens Area Office and in the Commission's Capital Improvements
40 Program.
41 3. (FC: Grant Funds Carry Forward) The S.C. Forestry Commission is authorized to use unexpended federal grant
42 funds in the current year to pay for expenditures incurred in the prior year.
PAGE 470
1 P16 - SECTION 45 - DEPARTMENT OF AGRICULTURE
2
3 1. (AGRI: Market Bulletin) The Market Bulletin shall be mailed only to those persons who request it in writing and
4 a record of each request shall be maintained by the Department. The Department shall biennially purge the subscription list
5 through use of a coupon printed in the Bulletin.
6 2. (AGRI: Fruit/Vegetable Inspectors Subsistence) A daily subsistence allowance of up to $30.00 may be allowed for
7 temporarily employed fruits and vegetables inspectors from funds generated by fruits and vegetables inspection fees and
8 budgeted under Other funds in Program IV Marketing Services, E. Inspection Services, in lieu of reimbursements for meals
9 and lodging expense.
10 3. (AGRI: Commodity Boards Expenditures) Expenditures made for the various Commodity Boards (as budgeted under
11 Other funds in Program IV.C. Marketing Services: Commodity Boards) are exempt from regulations under the Procurement
12 Act of 1981.
13 4. (AGRI: Mobile Lab Fee) The Commissioner of Agriculture may set a nominal fee, not to exceed ten dollars, per
14 analysis performed by the Department's mobile laboratory. These fees may be retained and expended by the Department
15 of Agriculture to offset other operating expenses incurred by the mobile laboratory.
16 5. (AGRI: Matching Funds-Research Projects) Funds provided for Commodity Board Match will be held in escrow by
17 the State Treasurer and made available to match funds provided for research by agricultural commodity organizations
18 established under the Agricultural Commodities Marketing Act, Title 46, Chapter 17, of the South Carolina Code. Funds
19 shall be used to provide a 1:2 match for the Commodity Boards and will be distributed on a pro rata basis using the prior
20 year's research expenditures by the eligible organizations as a baseline.
21
22
23 P20 - SECTION 46 - CLEMSON UNIVERSITY - PSA
24
25 1. (CU-PSA: Revenue Credited to General Fund) All revenues derived from the Regulatory and Public Service
26 Division covered in this section must be remitted to the credit of the General Fund.
27 2. (CU-PSA: Employer Contributions Carry Forward) That amount accrued and expended for employer contributions
28 associated with accrued salaries and wages but not remitted by June 30, of the prior fiscal year, may be carried forward to
29 the current fiscal year.
30 3. (CU-PSA: Pesticide Revenue) The first $140,000 in revenue from pesticide registration fees must be retained by
31 Regulatory and Public Service Programs to apply to expenses of centralizing its personnel and relocating its laboratories from
32 the Poole Agricultural Center. All revenues collected from pesticide registration fees in excess of $140,000 and up to
33 $50,000 of revenues collected from Structural Pest Control Businesses for Business licensing must be retained by Regulatory
34 and Public Service Programs to carry out provisions of the S.C. Pesticide Control Act as amended and pursuant to regulations
35 related to this Act.
36 4. (CU-PSA: Phytosanitary Certificates) Revenues collected from the issuance of phytosanitary certificates shall be
37 retained by the Division of Regulatory and Public Service for the purpose of carrying out phytosanitary inspections.
38 5. (CU-PSA: Witness Fee) The Public Service Activities of Clemson University are hereby authorized to charge a
39 witness fee of $100.00 per hour up to $400.00 per day for each employee testifying as an expert witness in civil matters
40 which do not involve the State as a party in interest. This fee shall be charged in addition to any court prescribed payment
41 due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account.
PAGE 471
1 P24 - SECTION 47 - DEPARTMENT OF NATURAL RESOURCES
2
3 1. (DNR: County Funds) Funds belonging to each of the counties of the State, now on hand or hereafter accruing to
4 the counties, shall be expended on approval of a majority of the respective county delegation, including the resident senator
5 or senators, if any. An annual accounting for all such funds and expenditures shall be furnished by the Department to each
6 member of each county delegation; it being the intent of the General Assembly that the appropriations made in this section
7 are conditioned upon compliance with this requirement. In addition to the annual accounting required above, the Department
8 shall make a proposal for expenditures of such funds in the succeeding fiscal year in each county to the members of the
9 respective county legislative delegation, including the resident senator or senators, if any; and upon approval thereby shall
10 proceed with the use of such funds in compliance with the finalized and approved plan as approved by each legislative
11 delegation. If no plan is approved, the expenditure of such funds is to be administered as determined by the various
12 legislative delegations.
13 2. (DNR: County Game Funds/Equipment Purchase) Any equipment purchased by the Department from county game
14 funds on approval of a majority of a county delegation, including the resident senator or senators, if any, shall remain in
15 that county upon the request of a majority of the respective county delegation, including the resident senator or senators, if
16 any, and if sold by the Department, the proceeds of such sale shall be credited to such county game fund. Expenditures from
17 the County Game Fund and the Water Recreation Resource Fund which have the approval of the county delegation shall be
18 exempt from the provisions of Act 651 of 1978, as amended.
19 3. (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is a
20 resident of South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, be
21 allowed to fish or hunt without purchasing a fishing or hunting license.
22 4. (DNR: Fisheries) Notwithstanding the provisions of Section 50-9-460, one-half of all proceeds from the sales under
23 50-9-460 shall be allocated to the Department for the propagation and conservation of fisheries resources.
24 5. (DNR: Publications Revenue) For the current fiscal year all revenue generated from the sale of the 'South Carolina
25 Wildlife' magazine, its by-products and other publications, shall be retained by the Department and used to support the
26 production of same in order to allow the magazine to become self-sustaining.
27 6. (DNR: Casual Sales Tax Collection) The Department of Natural Resources shall continue to collect the casual sales
28 tax as contained in the contractual agreement between the Department of Revenue and Taxation and the Department of
29 Natural Resources and the State Treasurer is authorized to reimburse the Department on a quarterly basis for the actual cost
30 of collecting the casual sales tax and such reimbursement shall be paid from revenues generated by the casual sales tax.
31 7. (DNR: Temporary Transfer of Conservation Officers) Without expending additional personal service funds,
32 conservation officers may be temporarily transferred for a period not to exceed six months, to counties requiring additional
33 law enforcement manpower. When a conservation officer is transferred under the authority of this provision, any county
34 game funds which are expended for the acquisition of supplies and equipment must be expended from the game fund of the
35 county to which the officer is transferred.
36 8. (DNR: General Assistance County Appropriation) The appropriations in this section for "Aid To Conservation
37 Districts" shall be used by the Soil and Water Conservation Districts for general assistance to the district's program. No
38 district shall receive any funds under this provision unless the county or counties wherein the district is located shall have
39 appropriated no less than three hundred dollars to the district from county funds for the same purposes.
40 9. (DNR: Proportionate Funding) Each of South Carolina's 46 Soil and Water Conservation Districts shall receive a
41 proportionate share of funding set aside for Aid to Conservation Districts up to $8,000 per district. Available funding above
42 $8,000 for each district will be apportioned by the Department of Natural Resources based upon local needs and priorities
SECTION 47 - DEPARTMENT OF NATURAL RESOURCES PAGE 472
1 as determined by the Board.
2 10. (DNR: Carry Forward - Contract for Goods & Services) If any funds accumulated by the Department of Natural
3 Resources Geology Program, under contract for the provision of goods and services not covered by the Department's
4 appropriated funds, are not expended during the preceding fiscal years, such funds may be carried forward and expended
5 for the costs associated with the provision of such goods and services.
6 11. (DNR: Revenue Carry Forward) The Department may collect, expend and carry forward revenues derived from
7 the sale of goods and services in order to support aerial photography, map services, climatology data and geological services.
8 The Department shall annually report to the Ways and Means and Senate Finance Committees the amount of revenue
9 generated from the sale of these goods and services.
10 12. (DNR: Clothing Allowance) The Department of Natural Resources is hereby authorized to provide Natural Resource
11 Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to exceed $400 per
12 officer for required clothing used in the line of duty.
13 13. (DNR: County Funds Expenditure) Funds belonging to each of the counties of the State, now on hand or hereafter
14 accruing to the counties, shall be expended within that county. An annual accounting for all such funds and expenditures
15 shall be furnished by the Department to each member of each county delegation.
16
17
18 P26 - SECTION 48 - SEA GRANT CONSORTIUM
19
20 1. (SGC: Publications Revenue) Funds generated by the sale of pamphlets, books, and other printed materials, the
21 production of which has been supported by non-state funding, may be deposited in a special account by the Consortium and
22 utilized as Other Funds for the purchase of additional pamphlets, books, and other printed materials for distribution to the
23 public.
24
25
26 P28 - SECTION 49 - DEPARTMENT OF PARKS, RECREATION & TOURISM
27
28 1. (PRT: Canadian Day) The Department when expending the $85,000 appropriation herein contained for a Canadian
29 Promotion shall designate one day of such promotion as "Canadian Day" and notwithstanding any other provision of law,
30 all Canadians shall be allowed admittance to state parks and use of park camping facilities on Canadian Day free of charge.
31 2. (PRT: Boyleston House Gift/Souvenir Shop Revenue) Any monies derived from the Gift/Souvenir Shop at the
32 Boyleston House must be used for the continuing operation of same.
33 3. (PRT: Publications Revenue) The Department is authorized to charge a fee for the cost of vacation guides, research
34 reports, educational conferences, technical planning assistance, technical drawings, and mailing lists. The fee shall offset
35 the actual cost of producing or providing such items and revenue in an amount necessary to offset actual cost shall be
36 retained in a restricted account. Any revenue generated above the actual cost shall be remitted to the General Fund of the
37 State.
38 4. (PRT: Tourism Funds Sharing Grants) Notwithstanding any other provision of law or appropriation herein
39 contained, the Horry-Georgetown Tourism Commission is not eligible to receive any tourism funds-sharing grants.
40 5. (PRT: Scholarship Program) The Department of Parks, Recreation and Tourism is hereby authorized to establish
41 a scholarship program with Clemson University, South Carolina State University, Sumter Technical College, Trident
42 Technical College, Horry-Georgetown Technical College, Technical College of the Low Country, and other South Carolina
SECTION 49 - DEPARTMENT OF PARKS, RECREATION & TOURISM PAGE 473
1 institutions of higher education for the purpose of assisting students majoring in park-related fields such as park management,
2 interpretation or conservation relative to potential future employment with the State Parks Division.
3
4
5 P32 - SECTION 50 - DEPARTMENT OF COMMERCE
6
7 1. (CMRC: Development - Publications Revenue) The proceeds from the sale of publications may be retained in the
8 agency's printing, binding, and advertising account to offset increased costs.
9 2. (CMRC: Development - Enterprise Development Inc. Contract) The Division of State Development may contract
10 with Enterprise Development, Inc. of South Carolina to provide and perform the following functions:
11 1. State Enterprise Development Strategy to include:
12 a) Technical/management assistance to emerging businesses;
13 b) Risk capital development for emerging businesses;
14 c) Incubator system (emphasis on university-linked incubators) to nurture high growth business ventures;
15 d) Strategic marketing to emerging businesses;
16 e) Regional enterprise development coordination.
17 2. Comprehensive approach to technology transfer.
18 3. Educational environment for entrepreneurial development.
19 4. Statewide business information center.
20 These contractual services may be funded through the transfer of up to $550,000 of budgetary monies from the Division
21 of State Development. The corporation, as a condition of receiving the contract, must provide in its charter that the
22 Chairmen of the House Ways and Means Committee and the Senate Finance Committee, or their designees, are ex-officio
23 members of the corporate board.
24 3. (CMRC: Economic Dev. Coordinating Council - SCIP Carry Forward) From the amount set aside in 12-27-1270,
25 the Council is authorized to use up to $60,000 to continue to contract with the Division of State Development for the
26 development of the South Carolina Infrastructure-Economic Development Planning Project (SCIP) utilizing Geographic
27 Information Systems, GIS. Any balance on June 30 of the prior fiscal year may be carried forward and expended for the
28 same purposes in the current fiscal year.
29 4. (CMRC: Savannah Valley - Carry Forward) The Division of Savannah Valley Development is hereby authorized
30 to carry forward unexpended funds, regardless of their origin, for the authorized purposes of the Development as specified
31 in its legislation.
32 5. (CMRC: Aeronautics - Civil Air Patrol) The funds appropriated in this section under program V VII.T "Civil Air
33 Patrol" shall be expended by the Director Civil Air Patrol so as to discharge the State's obligations in conjunction with the
34 Civil Air Patrol as outlined in the SARDA Plan, the S. C. Operational Radiological Emergency Response Plan, and assist
35 County and local authorities and other State agencies insofar as permitted by the regulations governing the Civil Air Patrol.
36 The Director shall further expend funds for the maintenance and acquisition of equipment which, in his opinion, shall
37 increase the Civil Air Patrol's ability to perform its mission, and may expend not more than twenty-five per cent of the Patrol
38 funds in the "CAP AEROSPACE EDUCATION" and "CADET" programs. The Director may expend funds to hire such
39 administrative personnel as may be necessary to administer the above outlined programs. All expenditures for equipment
40 and services shall be in accordance with State fiscal policies.
41 6. (CMRC: Aeronautics - Reimbursement for Services Carry Forward) The Division of Aeronautics may retain and
42 expend reimbursements derived from charges to other government agencies for service and supplies for operating purposes
SECTION 50 - DEPARTMENT OF COMMERCE PAGE 474
1 and that a reserve not to exceed $300,000 may be carried forward to the current fiscal year for the replacement of time limit
2 aircraft components.
3 7. (CMRC: Aeronautics - Air Force Office Space Rental) Revenue received for rental of office space to the U. S.
4 Air Force may be retained and expended to cover the cost of building operations.
5 8. (CMRC: Aeronautics - Cost of Utilities) The Division of Aeronautics shall not pay for all or any portion of the cost
6 of utilities at any airport or facility except for buildings occupied by the Division of Aeronautics.
7 9. (CMRC: Aeronautics - Funding Sequence) All General Aviation Airports will receive funding prior to the four air
8 carrier airports (i.e. Columbia, Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these qualify for special funding
9 under the DOT/FAA appropriations based on enplanements in South Carolina. This policy may be waived to provide
10 matching State funds for critical FAA safety or capacity projects at air carrier airports.
11 10. (CMRC: Aeronautics - Hangar/Parking Facilities) The Division of Aeronautics will provide hangar/parking facilities
12 for government owned and/or operated aircraft on a first come basis. The funds collected are to be deposited to the General
13 Fund. The Hangar Fee Schedule shall be as follows:
14 Single Engine - $ 50.00 per month
15 Twin Engine - $ 75.00 per month
16 Jet/Turboprop - $100.00 per month
17 Helicopter - $ 75.00 per month
18 Permanent parking/tie down space will be provided at the rate of $20.00 per month for single engine aircraft, or $30.00 per
19 month for twin engine aircraft. Personnel from the agencies owning and/or operating aircraft will be responsible for ground
20 movement of their aircraft.
21 11. (CMRC: Aeronautics - Utilize DOT Services) The Division is authorized on a reimbursement basis, to utilize
22 services of the Department of Transportation to assist in providing coordinated and continuing legal and other services in
23 transportation and related matters.
24 12. (CMRC: Aeronautics - Airport Planning/Development Studies Carry Forward) Any unexpended balance on June
25 30, of the prior fiscal year, of appropriations to the Division for airport planning and development studies may be carried
26 forward into the current fiscal year, and expended for the same purposes.
27 13. (CMRC: Aeronautics - Airport Development) Any line item appropriation for airports shall be disbursed for eligible
28 airport development items as approved by the Division.
29 14. (CMRC: Aeronautics - Clothing Allowance) The Division of Aeronautics is hereby authorized to provide pilots with
30 an annual clothing allowance (on a pro rata basis) not to exceed $400 per pilot for required clothing used in the performance
31 of their primary duty.
32 15. (CMRC: Contributions Carry Forward) The Department of Commerce is authorized to carry forward unexpended
33 contributions received from member agencies of the Economic Development Coordinating Council to be used for operating
34 expenses and to offset contributions in the current fiscal year.
35 16. (CMRC: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, for Matching
36 National Grant Funds, may be carried forward to the current fiscal year and used for matching committed and/or
37 unanticipated grant funds.
38 17. (CMRC: Supplemental Carry Forward) Any unexpended funds from FY 94 Supplemental Appropriation Act (#528),
39 Section 3(11) and Section 3(42) for airport improvements may be carried forward from FY 95 into FY 96 and expended for
40 the same purpose.
PAGE 475
1 R04 - SECTION 54 - PUBLIC SERVICE COMMISSION
2
3 1. (PSC: Assessment Certification) The Public Service Commission shall certify to the Department of Revenue and
4 Taxation the amounts to be assessed to cover appropriations in this section as follows: (1) the amount applicable to the
5 assessment on public utility, telephone utility, radio common carrier and electric utility companies as provided for by Section
6 58-3-100, Code of Laws of 1976, (2) the amount to be assessed against gas utility companies as provided for in Section 58-5-
7 940, Code of Laws of 1976, (3) the amount to be assessed against electric light and power companies as provided for in
8 Sections 58-3-100 and 58-27-50, Code of Laws of 1976, and (4) the amount to be covered by revenue from motor transport
9 fees as provided for by Section 58-23-630, and other fees as set forth in Section 58-3-100, Code of Laws of 1976. The
10 amount to be assessed against railroad companies shall consist of all expenses related to the operations of the Railway
11 subprogram of the Agency's Transportation Division, to include the related distribution of salary increments and employer
12 contributions not reflected in the related subprogram of this Act as set forth in Section 58-3-100, Code of Laws of 1976.
13 2. (PSC: Indirect Cost) The assessment certification prepared for the Department of Revenue and Taxation shall include
14 an allocation of indirect cost as approved by the Budget and Control Board representing the Public Service Commission's
15 proportionate share of the cost of central State government.
16 3. (PSC: Motor Transport Fee Refund) The Motor Transport Division of the Public Service Commission is hereby
17 authorized to make refunds of fees which were erroneously collected.
18 4. (PSC: Certification Assessment for Commission Expenses) The Public Service Commission shall make such
19 certification as required under Section 58-3-100, Code of Laws of 1976.
20 5. (PSC: Attorneys Appointment) The three attorneys provided for in this section under Program I "Administration"
21 shall be appointed by the Commission with the approval of the Attorney General and be assigned to the Commission.
22 6. (PSC: Maximum Salary Limit) The salaries of the chairman and the commissioners as provided in this section shall
23 not be construed as limiting the maximum salary which may be paid to other employees of the Public Service Commission.
24 7. (PSC: Commissioners Out-of-State Allowance) When out-of-state, Public Service Commissioners are allowed $50.00
25 per diem or actual expenses as deemed reasonable by the Comptroller General.
26 8. (PSC: Temporary Cash Loan) The Budget and Control Board's Office of State Budget may transfer a temporary
27 cash loan up to $1,000,000 to the Public Service Commission for startup purposes as an Other Funded agency for Fiscal Year
28 1995-96 from funds which the Office of State Budget manages in Section 17. These funds must be repaid by the Public
29 Service Commission as soon as practical but not later than December 31, 1995.
30 9. (PSC: RIF Due to Trucking Deregulation) Employees affected by a reduction in force at the PSC due to deregulation
31 of the trucking industry at the Public Service Commission must be afforded, if qualified, first preference for all vacant
32 positions that are offered to be filled, as of July 1, 1995, to July 1, 1996, by the Department of Transportation, Department
33 of Public Safety, the Highway Patrol, SLED, and Department of Natural Resources. No hiring freeze adopted in this Act
34 shall apply to this section.
35
36
37 R08 - SECTION 55 - WORKERS' COMPENSATION COMMISSION
38
39 1. (WCC: Physicians & Surgeons Schedule of Fees Revenue) All revenue earned from the sale of the Commission's
40 publication Schedule of Fees for Physicians and Surgeons shall be retained by the agency to be used for the printing and
41 distribution of subsequent revised editions of the schedule.
42 2. (WCC: Educational Seminar Revenue) Beginning in FY 94-95, all revenue earned from educational seminars shall
SECTION 55 - WORKERS' COMPENSATION COMMISSION PAGE 476
1 be retained by the agency to be used for the printing of educational materials and other expenses related to conducting the
2 seminar.
3 3. (WCC: Commissioners Out-of-State Allowance) When out-of-state, Workers' Compensation Commission
4 commissioners are allowed $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General.
5
6
7 R12 - SECTION 56 - STATE ACCIDENT FUND
8
9 1. (SAF: Medical Claims Penalty Clause) Medical claims against the State Accident Fund shall not be subject to the
10 30 day penalty clause as set forth in Section 17 of Act 148 of 1981 as amended by Part II, Section 9, of Act 466 of 1982,
11 until such claims are approved by the Workers' Compensation Commission and received by the Fund.
12 2. (SAF: Volunteer Fire/Rescue Squads Coverage) Notwithstanding any other provision of law, voluntary firemen of
13 organized volunteer fire units and members of organized volunteer rescue squads are covered under workers' compensation
14 by the county governing body unless the governing body of the county opts out of the coverage.
15 3. (SAF: Educational Seminar Revenue) The State Accident Fund is authorized to set and collect fees for educational
16 seminars. All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials,
17 and other expenses relating to the seminars.
18
19
20 R20 - SECTION 59 - DEPARTMENT OF INSURANCE
21
22 1. (INS: Rate Division Auto Insurers Assessment) The costs of operating the Rate Division shall be borne by insurers
23 of automobile insurance. Not later than sixty days after the effective date of this Act, the Chief Insurance Commissioner
24 shall assess each automobile insurer for its just proportion of the amount appropriated by the General Assembly herein for
25 the operation of the Rate Division, such amount to also include appropriated salary adjustments and employer contributions
26 allocable to the Rate Division. Such assessments shall be in the proportion that each insurer's preceding calendar year direct
27 written premium for automobile insurance in this State bears to the total direct written premium for all insurers of automobile
28 insurance in this State during such preceding calendar year. For purposes of this section, direct written premium shall be
29 as reflected in the latest annual statements of automobile insurers in this State filed with the Commissioner. Funds
30 appropriated by the General Assembly for the operation of the Rate Division shall be advanced by the State until the
31 assessments levied herein are collected and deposited in the General Fund of the State.
32 2. (INS: Examiners Travel/Subsistence Reimbursement) Notwithstanding the limitations in this Act as to amounts
33 payable or reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse Department
34 examiners in accordance with guidelines established by the National Association of Insurance Commissioners only when the
35 State is reimbursed by an insurance company for the travel and subsistence expenses of Insurance Department examiners
36 pursuant to S. C. Code Section 38-13-10, 1976.
37 3. (INS: Reimbursement Carry Forward) Reimbursements received for Data Processing Services, Revenue,
38 Miscellaneous Revenue and Sale of Listings and Labels shall be retained for use by the Department. These funds may be
39 carried forward in the current fiscal year to be expended for the same purposes.
PAGE 477
1 R23 - SECTION 60 - STATE BOARD OF FINANCIAL INSTITUTIONS
2
3 1. (FI: Supervisory Fees) The Board of Financial Institutions shall fix supervisory fees of banks, savings and loan
4 associations and credit unions on a scale which, together with fees collected by the Consumer Finance Division will fully
5 cover the total funds expended under this section.
6
7
8 R28 - SECTION 61 - DEPARTMENT OF CONSUMER AFFAIRS
9
10 1. (CA: Consumer Protection Code Violations Revenue) Funds, paid to the Department in settlement of cases involving
11 violations of the South Carolina Consumer Protection Code and other statutes enforced by the Department be retained and
12 expended within the agency's budget to help offset the costs of investigating, prosecuting, and the administrative costs
13 associated with these violations, may be carried forward and expended for the same purposes in the current fiscal year.
14 2. (CA: Student Athlete/Agents Registration) Funds received by the Department of Consumer Affairs pursuant to
15 registrations under Chapter 102 of Title 59 of the 1976 Code may be retained by the Department for its enforcement duties
16 relating to athlete agents and student athletes under that chapter.
17 3. (CA: Expert Witness/Assistance Carry Forward) Unexpended encumbered appropriated funds for the Consumer
18 Advocacy expert witness/assistance program (under Section 37-6-603) may be carried forward into the next fiscal year to
19 meet contractual obligations existing at June 30, and not paid by July 31.
20
21
22 R36 - SECTION 62 - DEPT. OF LABOR, LICENSING & REGULATIONS
23
24 1. (LLR: Fire Marshal - Authorization to Charge Fees for Training) The Fire Academy of the State Fire Marshal
25 Division may charge participants a fee to cover the cost of education and training programs. The revenue generated may
26 be applied to the cost of operations, and any unexpended balance may be carried forward to the current fiscal year and
27 utilized for the same purposes.
28 2. (LLR: Real Estate Research & Education Program Funds) Any funds on deposit with the State Treasurer for
29 research and education programs of the Real Estate Commission shall be remitted to the General Fund of the State.
30 3. (LLR: Real Estate - Research & Education Projects) All funds appropriated, in this section, for Research and
31 Education projects shall be funded wholly, out of the Real Estate Commission authorized allocation of five dollars from each
32 annual renewal fee. All funds appropriated in this section, for Research and Educational projects shall be expended for the
33 purpose designated.
34 4. (LLR: Real Estate News Publication) The South Carolina Real Estate News, published at least quarterly by the Real
35 Estate Commission, shall be exempt from Section 11-25-690, SC Code of Laws, (1976, as amended).
36 5. (LLR: Real Estate - Special Account) Revenue in the Real Estate Appraisal Registry account shall not be subject
37 to fiscal year limitations and shall carry forward each fiscal year for the designated purpose.
38 6. (LLR: S.C. Building Code Council) All funds received by the Building Codes & Regulatory Services for the S.C.
39 Building Code Council which exceed the total amount of expenditures for operating expenses of the Council shall be
40 deposited in the General Fund of the State.
41 7. (LLR: POLA - 110%, Other Funds) The Professional and Occupational Licensing Agencies in Program "IV.
42 Professional and Occupational Licensing Offices", within the Department of Labor, Licensing, and Regulation, must generate
SECTION 62 - DEPARTMENT OF LABOR, LICENSING & REGULATIONS PAGE 478
1 revenue at least equal to 110% of their expenditures with 10% deposited to the General Fund. The Contractor's Licensing
2 Board must remit all revenues above their expenditures to the General Fund, which includes the 10%.
3
4
5 R44 - SECTION 63 - DEPARTMENT OF REVENUE AND TAXATION
6
7 1. (DOR: Alcoholic Liquor Revenues) Appropriations in this Act to cover the cost of the administration and
8 enforcement of alcoholic liquor laws by the Department of Revenue and Taxation and appropriations in this Act for expenses
9 of the State Law Enforcement Division - ABC Enforcement shall be deducted from the total revenues from alcoholic liquors
10 before distributions of such revenues to the counties and municipalities of the State and such amounts withheld shall be
11 remitted to the General Fund of the State.
12 2. (DOR: Cost Recovery Fee) The Department of Revenue and Taxation may collect fees to recover the costs of the
13 production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be
14 retained by the Agency.
15 3. (DOR: Subpoenaed Employee Expense Reimbursement) If any employee of the Department of Revenue and Taxation
16 is subpoenaed to testify during litigation not involving the Department of Revenue and Taxation, the party subpoenaing the
17 employee(s) to testify shall reimburse the State for expenses incurred by the employee(s) requested to testify. Expenses shall
18 include but are not limited to the cost of materials and the average daily salary of the employee or employees.
19 4. (DOR: Bingo Revenue) As to revenue derived from the provisions of Chapter 21, Title 12, which is collected from
20 bingo, the Department of Revenue and Taxation may withhold from the General Fund portion of this revenue the actual costs,
21 not to exceed $50,000 per fiscal year, of bingo tickets purchased and used by agents of the Department of Revenue and
22 Taxation and of criminal record checks pursuant to the evaluation of applications for bingo licenses.
23 5. (DOR: Court Order Funds Carry Forward) Funds awarded to the Department of Revenue and Taxation by court
24 order shall be retained in a special account and shall be carried forward from year to year, and expended as needed to
25 accomplish the purposes and conditions of said order if specified, and if not specified, as may be directed by the Tax
26 Commissioners.
27 6. (DOR: Road Tax Indicia) As to revenue collected from the Road Tax on Motor Carriers, the Department of
28 Revenue and Taxation may withhold from the State highway fund portion of this revenue the actual cost, not to exceed
29 $75,000 per fiscal year, of the registration cards and identification markers issued under the provisions of Section 12-31-250.
30 7. (DOR: Sale of Abandoned Property) In accordance with Section 27-18-240, C.L.S.C., South Carolina Code Section
31 27-18-240, as to the proceeds from the sale of abandoned property under Section 27-18-230, the Department of Revenue and
32 Taxation may deduct from any deposit to the credit of the General Fund costs in general support of the location, identification
33 and sale of abandoned property, subject to the following limitations: (a) the total deduction may not exceed 5% of the amount
34 credited to the General Fund for this revenue source in the same fiscal year, and (b) the total deduction may not exceed actual
35 costs for the same fiscal year.
36 8. (DOR: Assessor Training) Pursuant to the enforcement of Section 12-37-110, C.L.S.C., South Carolina Code
37 Section 12-37-110, the Property Division of the Department of Revenue and Taxation may charge participants a fee to cover
38 the cost of pertinent education and training programs. The revenue generated may be applied to the cost of the related
39 operation, and any unexpended balance may be carried forward to subsequent fiscal periods and utilized for the same
40 purpose.
41 9. (DOR: Professional Designation or License Cost) Whenever a professional designation or license is a legislatively
42 mandated requirement for employment by the Department of Revenue and Taxation, the Department shall be responsible for
SECTION 63 - DEPARTMENT OF REVENUE & TAXATION PAGE 479
1 the annual cost to maintain that required designation or license and provide for examination cost associated with such
2 designation or license if not outside his/her normal duties.
3 10. (DOR: Temporary Driver's License) The Motor Vehicles Division is authorized to issue a temporary driver's license
4 or identification card without a laminated colored photograph of the licensee, for a period not to exceed twelve months. The
5 applicant and licensee must comply with provisions of law as set forth in Chapter 1 of Title 56 of the South Carolina Code
6 of Laws, as amended, and such license shall expire no later than the last day of the month one year from the date of issuance
7 or such time as indicated by the Division. The fee for such temporary license or identification card shall be one dollar.
8 11. (DOR: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of
9 revenues, all revenues derived under Chapter 56 credited to the Department of Revenue and Taxation must be credited to
10 the General Fund of the state.
11 12. (DOR: Tax Education Program) Pursuant to taxpayer educational activities stipulated and authorized by SC Code
12 Section 12-54-740, the Department of Revenue may charge participants a fee to recover the related direct costs. The revenue
13 generated from this may be applied to said cost, and any unexpended balance may be carried forward to subsequent fiscal
14 periods and used for the stated purpose.
15 13. (DOR: Federal Retiree Lawsuit Settlement Fund Lapse) Notwithstanding any other provision of law, the Department
16 of Revenue is hereby directed to remit to the General Fund, prior to the close of FY 95-96, the amount of $508,869. This
17 amount represents unexpended appropriations from the Federal Retiree Lawsuit Settlement Fund.
18
19
20 R60 - SECTION 65 - EMPLOYMENT SECURITY COMMISSION
21
22 1. (ESC: Salary Level) The salaries of the Chairman, the Commissioners, and the Agency Director of the Employment
23 Security Commission shall be no less than that agreed to by the United States Department of Labor.
24 2. (ESC: Dept. of Revenue & Taxation Access to Report) The Employment Security Commission shall allow the
25 Department of Revenue and Taxation access to the Employer's Quarterly Report and any by-product of such report.
26 3. (ESC: SCOICC User Fee Carry Forward) All user fees collected by the S.C. Occupational Information
27 Coordinating Committee through the Employment Security Commission may be retained by the SCOICC to be used for the
28 exclusive purpose of operating the S.C. Occupational Information System. All user fees not expended in the prior fiscal year
29 may be carried forward for use in the current fiscal year.
30 4. (ESC: JTPA Prior Year Payments) The Employment Security Commission shall be allowed to pay Job Training
31 Partnership Act prior year obligations with current year funds.
32 5. (ESC: Out-of-State Travel) When out-of-state, Employment Security Commissioners are allowed $50.00 per diem
33 may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed
34 reasonable by the Comptroller General.
35
36
37 X12 - SECTION 68A - AID TO SUBDIVISIONS-COMPTROLLER GENERAL
38
39 1. (AS-CG: Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate Judges, and
40 County Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which shall be used as
41 a $1,575 salary supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts appropriated in this
42 section for Registers of Mesne Conveyances shall be distributed by the Comptroller General to the appropriate County
SECTION 68A - AID TO SUBDIVISIONS - COMPTROLLER GENERAL PAGE 480
1 Treasurer, which shall be used as a $1,575 salary supplement for Registers of Mesne Conveyances. It is the intent of the
2 General Assembly that the amount appropriated for such salary supplements shall include both salary and related employer
3 contributions and such amounts shall be in addition to any amounts presently being provided by the county for these
4 positions. Any reduction by any county in the salary of the Clerks of Court, the Probate Judges, Registers of Mesne
5 Conveyances and County Sheriffs or any other reduction of expenditures in the office of the Clerks of Court, Probate Judges,
6 Registers of Mesne Conveyances and County Sheriffs shall result in a corresponding decrease of funds provided to that
7 county by the State. Payment shall be made to each County Treasurer in a single lump sum at the beginning of the fiscal
8 year and payment shall be made to the Clerks of Court, Probate Judges and County Sheriffs by the County Treasurer over
9 a twelve month period in the same manner as county salaries are paid. The State shall pay $14,864 on the salary of each
10 County Auditor and County Treasurer in addition to any amounts presently being provided by the county for these positions.
11 It is the intent of the General Assembly that the amount appropriated by the county for these positions shall not be reduced
12 as a result of the appropriation and that such appropriation shall not disqualify each County Auditor and each County
13 Treasurer for salary increases that they might otherwise receive from county funds in the future. Any reduction by any
14 county in the salary of the County Auditor and County Treasurer shall result in a corresponding decrease of funds provided
15 to that county by the State. These salaries shall be administered by the Comptroller General's Office and paid in accordance
16 with the schedule and method of payment established for state employees.
17
18
19 X50 - SECTION 69 - DEPARTMENT OF TRANSPORTATION
20
21 1. (DOT: Expenditure Authority Limitation) The Department of Transportation is hereby authorized to expend all cash
22 balances brought forward from the previous year and all income including all Federal Funds, unexpended General Funds
23 and proceeds from bond sales accruing to the Department of Transportation, but in no case shall the expenditures of the
24 Department of Transportation exceed the amount of cash balances brought forward from the preceding year plus the amount
25 of all income including Federal Funds, General Funds and proceeds from bond sales.
26 2. (DOT: Special Fund Authorization) The Department of Transportation with the approval of the State Treasurer, is
27 hereby authorized to set up with the State Treasurer such special funds out of the Department of Transportation funds as may
28 be deemed advisable for proper accounting purposes.
29 3. (DOT: Secure Bonds & Insurance) The Department of Transportation is hereby authorized to secure bonds and
30 insurance covering such activities of the Department as may be deemed proper and advisable, due consideration being given
31 to the security offered and the service of claims.
32 4. (DOT: Statewide Cost Allocation Plan) The Department of Transportation shall pay into the General Fund of the
33 State the sum of $4,879,223 as its proportionate share of the cost of Administration of central service agencies as follows:
34
35 Statewide Cost Allocation Plan:
36 Collection of Highway Revenue $ 3,069,811
37 Central Service Agency Recoveries 1,103,894
38 Other Indirect Cost Recoveries 705,518
39
40 Subtotal Total Remittance $ 4,879,223
41
42 The sum of $6,915,166 is also transferred for the support of the Highway Patrol and Motor Vehicle Licensing Division which
SECTION 69 - DEPARTMENT OF TRANSPORTATION PAGE 481
1 was transferred during restructuring. If fees generated by Title 56 for motor vehicle licenses exceed the BEA Fiscal Year
2 1995-96 forecast, the amount transferred may be reduced proportionately.
3
4 Highway Fund Transfer $ 6,915,166
5
6 Total Remittance $11,794,389
7 5. (DOT: Benefits) Employees of the Department of Transportation shall receive equal compensation increases and
8 health insurance benefits provided in this Act for employees of the State generally.
9 6. (DOT: Document Fees) The Department of Transportation is hereby authorized to establish an appropriate schedule
10 of fees to be charged for copies of records, lists, bidder's proposals, plans, maps, etc. based upon approximate actual costs
11 and handling costs of producing such copies, lists, bidder's proposals, plans, maps, etc.
12 7. (DOT: Commissions Per Diem, Subsistence, Mileage) Members of the Department of Transportation Commission
13 shall receive such per diem, subsistence and mileage for each official meeting as is provided by law for members of boards,
14 commissions and committees.
15 8. (DOT: "C" Funds Primary/Secondary Road) Notwithstanding the provisions of Section 12-27-400 of the 1976 Code,
16 "C" funds may be expended for primary or secondary roads.
17 9. (DOT: Employ Legal/Support Staff) The Department of Transportation shall have the authority with the approval
18 of the Attorney General to employ, within existing authorized positions, necessary legal and support staff to represent the
19 Department in legal matters, including condemnation proceedings and other litigation; such representation shall be under the
20 jurisdiction and control of the Attorney General.
21 10. (DOT: Contract Mass Transit System) Notwithstanding any other provision of law, the Department of Transportation
22 is hereby authorized to directly contract mass transit funds with any private operator of a mass transit system to provide
23 service to the general public; provided, that a plan of service has been established and approved by the local general purpose
24 government which has jurisdiction for the area to be served, and approved by the Department, the Transportation
25 Commission and the federal government.
26 11. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the Department of
27 Transportation, its Commission, officers and employees, are herewith granted the discretionary authority to relax design and
28 construction standards for the current fiscal year, with respect to highway projects in the secondary State highway system,
29 and the exercise of such discretionary authority to relax design and construction standards shall not give rise to any liability
30 on the part of the Department, its Commission, officers and employees.
31 12. (DOT: Accounting Functions Transferred to Comptroller General and State Treasurer) The Department of
32 Transportation shall transfer $471,500 to the General Fund for the purpose of servicing the accounting and payroll functions
33 of the Comptroller General's Office. The Department of Transportation shall transfer $123,546 to the General Fund for
34 servicing the functions of the State Treasurer's Office.
35 13. (DOT: Employee Bonus) Notwithstanding any other provision of law, the Department of Transportation shall be
36 allowed to spend monies to provide selected employees a one-time lump sum bonus not to exceed $1,000, based on objective
37 guidelines established by the Budget and Control Board. This payment is not a part of the employee's base salary and is
38 not earnable compensation for purposes of employee and employer contributions to respective retirement systems.
39 14. (DOT: Consolidate Transportation Funding) The Department of Transportation shall develop a plan to consolidate
40 all sources of transportation funding throughout state government and to operate with this funding a transportation system
41 to support the specific programs from which the funding derives and the population of South Carolina in general. This plan
42 shall be submitted to the General Assembly no later than January 15, 1997. The intent of this proviso is to improve access
SECTION 69 - DEPARTMENT OF TRANSPORTATION PAGE 482
1 and delivery of transportation services, especially in rural areas. In developing the transportation system, the Department
2 shall work with each agency that provides funding for transportation.
3 Any agency, local government, or other entity, including non-profit organizations, using State funds or State-administered
4 Federal funds for the purpose of transporting private citizens on a regular basis, must provide the following fiscal year
5 information to the Department of Transportation, no later than the first day of October following the close of each fiscal year;
6 (a) number of vehicles used to transport passengers; (b) number of passenger seats in passenger vehicles; (c) number of
7 passenger miles provided; (d) itemized costs of providing transportation; and (e) source or sources from which funds are
8 derived.
9 Information must be provided on a county-by-county basis in a format specified by the Department of Transportation.
10 The Department of Corrections, the Department of Education, school districts and institutions of higher education are
11 exempt from the requirements of this section.
12 No transportation funds may be provided to any entity not in compliance with the requirements of this section.
13 15. (DOT: Restructuring-Maintenance Activities) The Department of Transportation shall begin restructuring operations
14 so as to reduce maintenance activities performed with Department personnel and equipment. This restructuring shall be
15 completed no later than June 30, 1998. As part of this restructuring effort, the Department shall endeavor to use private
16 contractors for: bridge replacements; surface treatment (Class A surfacing/seal coating); thermo-plastic striping; traffic
17 signals; fencing; and guardrails whenever possible.
18
19
20 X90 - SECTION 72 - GENERAL AND TEMPORARY
21
22 1. (GP: Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies, departments
23 and institutions of state government, to provide at no cost and as a part of the regular services of the agency, department
24 or institutions such services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary Commitment),
25 Article 7, Chapter 17 of Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976 Code (Defense
26 of Indigents), and Article 1 of Chapter 3 of Title 16 of the 1976 Code (Death Penalty), as amended, upon request of the
27 Judicial Department and/or the appropriate court. To this end, state agencies are directed to furnish to the Judicial
28 Department a list of their employees who are competent to serve as court examiners. The Judicial Department shall forward
29 a copy of this list to the appropriate courts, and the courts shall utilize the services of such state employees whenever
30 feasible. State employees shall receive no additional compensation for performing such services. For the purpose of
31 interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or
32 residency as an academic requirement or employees who are not full-time state employees and who are not performing duties
33 as state employees are not considered state employees.
34 2. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies appropriated
35 case services funds who routinely receive prior year case service billings after the old fiscal year has been officially closed
36 are authorized to pay these case service obligations with current funds. This authorization does not apply to billings on hand
37 that have been through a timely agency payment approval process when the old fiscal year closes.
38 3. (GP: Credit Cards for Goods & Services) Notwithstanding any other provision of law, the State Treasurer may enter
39 into contracts whereby the agency or institution may accept credit cards as payment for goods or services provided.
40 4. (GP: Warrant Requisitions, Deposits) The expenditure of money appropriated in this Act shall be by warrant
41 requisitions directed to the Comptroller General. Upon receipt of the requisition, accompanied by invoices or other
42 satisfactory evidence of the propriety of the payment, and itemized according to standard budget classifications, the
SECTION 72 - GENERAL AND TEMPORARY PAGE 483
1 Comptroller General shall issue his warrant on the State Treasurer to the payee designated in the requisition. No requisitions
2 for warrants shall be processed for any amounts less than one dollar. Upon approval and designation by the State Budget
3 and Control Board, state institutions may requisition funds in favor of their own treasurer, itemized only to the extent of the
4 purpose of the appropriation as expressed in this Act, and may deposit such funds in the name of the institution, in such bank
5 or banking institutions as shall be designated by the State Treasurer, and disburse same by check to meet the purposes of
6 the appropriation, but strict account shall be kept of all such expenditures according to standard budget classifications. All
7 money shall be drawn only when actually owing and due. The Comptroller General shall establish rules and regulations for
8 the uniform reimbursement, remittance and transfers of funds to the General Fund of the State required by law.
9 5. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health and
10 Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social
11 Services, Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of
12 Corrections, and Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year
13 to cover fourth quarter Federal Programs expenses incurred in the prior fiscal year necessitated by the time lag of federal
14 reimbursement.
15 6. (GP: Federal Funds, Donations, Deposited in State Treasury) All Federal Funds received shall be deposited in the
16 State Treasury, if not in conflict with Federal regulations, and withdrawn therefrom as needed, in the same manner as that
17 provided for the disbursement of state funds. If it shall be determined that federal funds are not available for, or cannot be
18 appropriately used in connection with, all or any part of any activity or program for which state funds are specifically
19 appropriated in this Act to match Federal funds, the appropriated funds may not be expended and shall be returned to the
20 General Fund, except upon specific written approval of the Budget and Control Board after review by the Joint
21 Appropriations Review Committee. Donations or contributions from sources other than the Federal Government, for use
22 by any state agency, shall be deposited in the State Treasury, but in special accounts, and shall be withdrawn from the
23 treasury as needed to fulfill the purposes and conditions of the said donations, or contributions, if specified, and, if not
24 specified, as may be directed by the proper authorities of the department. The expenditure of funds by agencies of the State
25 Government from sources other than General Fund appropriations shall be subject to the same limitations and provisions of
26 law applicable to the expenditure of appropriated funds with respect to salaries, wages or other compensation, travel expense,
27 and other allowance or benefits for employees.
28 7. (GP: Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may increase
29 an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty,
30 responsibility, or function is authorized by statutory law and set by regulation except as provided in this paragraph.
31 (B) This paragraph does not apply to:
32 (1) state-supported governmental health care facilities;
33 (2) state-supported schools, colleges, and universities;
34 (3) educational, entertainment, recreational, cultural, and training programs;
35 (4) the State Board of Financial Institutions;
36 (5) sales by state agencies of goods or tangible products produced for or by these agencies;
37 (6) charges by state agencies for room and board provided on state-owned property;
38 (7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
39 (8) court fees or fines levied in a judicial or adjudicatory proceeding;
40 (9) the South Carolina Public Service Authority or the South Carolina Ports Authority.
41 (C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees
42 for services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees
SECTION 72 - GENERAL AND TEMPORARY PAGE 484
1 for health care and laboratory services regardless of whether the fee is set by statute.
2 (D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State
3 Administrative Procedures Act.
4 8. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the Medical
5 University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University,
6 Francis Marion University, University of Charleston, Lander University and the Wil Lou Gray Opportunity School shall
7 remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the terms of Section
8 1 of this Act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation, and
9 registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions,
10 and may be requisitioned by said institutions, in the manner prescribed in Section 72.5 of this Act, and expended to fulfill
11 the purpose for which such fees or income were levied, but no part of such income shall be used for permanent improvements
12 without the express written approval of the State Budget and Control Board and the Joint Legislative Capital Bond Review
13 Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is necessary
14 to supply the service, or fulfill the purpose for which such fee or income was charged. Notwithstanding other provisions
15 of this act, funds at State Institutions of Higher Learning derived wholly from athletic or other student contests, from the
16 activities of student organizations, and from the operations of canteens and bookstores, and from approved Private Practice
17 plans may be retained at the institution and expended by the respective institutions only in accord with policies established
18 by the institution's Board of Trustees. Such funds shall be audited annually by the State but the provisions of this Act
19 concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply
20 to the use of these funds.
21 9. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within
22 programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such
23 transfer may exceed twenty percent of the program budget. Upon request, details of such transfers may be provided to
24 members of the General Assembly on an agency by agency basis. Transfers of appropriations from personal service accounts
25 to other operating accounts or from other operating accounts to personal service accounts may be restricted to any established
26 standard level set by the Budget and Control Board upon formal approval by a majority of the members of the Budget and
27 Control Board.
28 10. (GP: Bank Procedures - State Treasury A Bank) In any instances where Federal laws or regulations, relating to
29 funds allotted to State Government agencies, include requirements relating to banking procedures, the State Treasury shall
30 be deemed to meet the definition of a bank.
31 11. (GP: Federal Funds - DHEC, DSS, DHHS, Aging - Disallowances) Amounts appropriated to the Department of
32 Health and Environmental Control, Department of Social Services, Department of Health and Human Services, and Division
33 on Aging may be expended to cover program operations of prior fiscal years where adjustment of such prior years are
34 necessary under federal regulations or audit exceptions. All disallowances or notices of disallowances by any federal agency
35 of any costs claimed by these agencies shall be submitted to the State Auditor, the House Ways and Means Committee and
36 the Senate Finance Committee, within five days of receipt of such actions.
37 12. (GP: Family Foster Care Payments) The Department of Disabilities & Special Needs, Department of Social
38 Services, and Department of Juvenile Justice shall furnish as Family Foster Care payments for individual foster children
39 under their sponsorship:
40 ages 0 - 5 $212 per month
41 ages 6 - 12 $239 per month
42 ages 13 + $305 per month
SECTION 72 - GENERAL AND TEMPORARY PAGE 485
1 These specified amounts are for the basic needs of the foster children. Basic needs within this proviso are identified as food
2 (at home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of
3 Agriculture study of "Annual Cost of Raising a Child to Age Eighteen". Further, each agency shall identify and justify, as
4 another line item, all material and/or services, in excess of those basic needs listed above, which were a direct result of a
5 professional agency evaluation of clientele need. Legitimate medical care in excess of Medicaid reimbursement or such care
6 not recognized by Medicaid may be considered as special needs if approved by the sponsoring/responsible agency and shall
7 be reimbursed by the sponsoring agency in the same manner of reimbursing other special needs of foster children.
8 13. (GP: Fixed Student Fees) During the current fiscal year, student fees at the State institutions of higher learning shall
9 be fixed by the respective Boards of Trustees as follows:
10 (1) Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other
11 personal subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing
12 such facilities and services over their expected useful life except those operating or capital expenses related to the removal
13 of asbestos.
14 (2) Student Activity Fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary.
15 14. (GP: Tech Educ Colleges Student Activity Fees) Notwithstanding any other provisions of this Act, funds at
16 Technical Education Colleges derived wholly from the activities of student organizations and from the operations of canteens
17 and bookstores may be retained by the college and expended only in accord with policies established by the respective
18 college's Area Commission and approved by the State Board for Technical and Comprehensive Education.
19 15. (GP: Educational Fee Waivers) The institutions of higher education may offer educational fee waivers to no more
20 than two percent of the undergraduate student body.
21 16. (GP: Human Services Coordinating Council) The General Assembly finds that the operation of health and human
22 services may be enhanced by closer working relationships among agencies at the state and local level. The General Assembly
23 finds that coordination at both levels provides opportunities to serve the citizens of South Carolina better through (1)
24 continued expansion of services integration and (2) stronger communication among agencies delivering services.
25 In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of service
26 integration in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the Council.
27 The Council shall consist of:
28 (1) The chairperson of the boards of the following agencies: Division on Aging, Department of Alcohol and Other
29 Drug Abuse Services, Commission for the Blind, Division of Foster Care, Department of Education, Department of Health
30 and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Division of
31 Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities & Special Needs,
32 School for the Deaf and the Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad
33 Litem Program, Division of Continuum of Care, Educational Television, Wil Lou Gray Opportunity School, Department
34 of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and Development Authority.
35 These chairpersons shall receive the usual mileage, subsistence, and per diem provided by law for members of
36 committees, boards, and commissions. Mileage, subsistence, and per diem must be paid from the approved accounts of their
37 respective boards or commissions.
38 (2) (1) The Director or Chief Executive Officer of each of the following: Division on Aging, Department of Alcohol
39 and Other Drug Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children, Department
40 of Education, Department of Health and Environmental Control, Department of Health and Human Services, Department
41 of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of
42 Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social Services, Department of Vocational
SECTION 72 - GENERAL AND TEMPORARY PAGE 486
1 Rehabilitation, Guardian ad Litem Program, Division of Continuum of Care, Educational Television, Wil Lou Gray
2 Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and
3 Development Authority.
4 (3) (2) The Governor or his designee.
5 (4) (3) Other such members as the Council shall deem appropriate.
6 The Council shall:
7 (1) Select a Board Chairperson, Director or Chief Executive Officer on an annual basis to serve as the Council
8 Chairperson.
9 (2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies.
10 The Council shall have as its goals:
11 (1) Identify and address priority health and human needs and promote the availability of responsive resources.
12 (2) Promote cost-effective, efficient approaches for the delivery of health and human services which include prevention,
13 education, reduction of dependency, promotion of self-sufficiency and delivery of services in the least restrictive, most
14 appropriate community-based and institutional settings.
15 (3) Provide coordination between the Council members and the Department of Health and Human Services Office of
16 the Governor in the development of the comprehensive State Health and Human Services Plan.
17 (4) In cooperation with the Department of Health and Human Services, coordinate and oversee efforts to integrate
18 services information among state agencies and between state and local agencies.
19 (5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and including:
20 (a) Developing standards for case management activities and coordinating with local entities on service integration
21 efforts, and
22 (b) Receiving requests for funding of projects designed to further integration of services, including review and
23 approval of such projects.
24 Member agencies and departments of the Council shall collect and provide client information, including Social Security
25 Number, for the Client Masterfile System, and for development and use of a uniform client application database for statistical
26 purposes and for improving human services delivery systems for South Carolinians. For purposes of this sub-section, the
27 State, rather than an individual agency, will be the owner of the data. All individual client information submitted by
28 participating agencies or departments will be regarded as confidential; the information collected may not be released, under
29 any circumstances, to entities or individuals outside the Client Masterfile System, State Data Oversight Council, or client
30 application database unless release is made of aggregate statistical information so that no individual client may be identified.
31 No data submitted may be released by the Client Masterfile System except in a format approved by the Council. For the
32 purposes of this sub-section only, all State laws, regulations, or any rule of any State agency, department, board, or
33 commission having the effect or force of law that prohibits or is inconsistent with any provision of this sub-section is hereby
34 declared inapplicable to this sub-section. Each member agency or department of the Council shall be required to take all
35 steps reasonably necessary to effectuate the waiver of federal rules, regulations, or statutes or the elimination of other factors
36 that interfere with collection or use of data by the Client Masterfile System or client application database. Those steps shall
37 include but not be limited to, the seeking of federal legislation, the negotiation of agreements between the Council or State
38 and any federal agency or board, the application for the waiver of any federal rule, regulation or statute, and the seeking
39 of client's permission to share data. The Human Services Coordinating Council shall assume the duties and responsibilities
40 of the Aging Coordinating Council and the Long Term Care Council as specified in Sections 43-21-120 through 43-21-140.
41 The Council shall establish a long term care standing committee and include on the committee a representative of the long
42 term care industry, a representative of the insurance industry, and a representative of the general public.
SECTION 72 - GENERAL AND TEMPORARY PAGE 487
1 17. (GP: Employer Contributions Cost of Agencies) It is the intent of the General Assembly that the amount so
2 provided to each agency or institution for employee benefits shall be sufficient to pay the employer contribution costs of that
3 agency. The Budget and Control Board is directed to devise a plan for the expenditure of the funds appropriated for
4 employer contributions and may require transfers of funds within an agency or institution if it becomes evident that the
5 employer contribution costs will exceed the funds available for that purpose.
6 18. (GP: Dual Employment) Any employee who is approved for dual employment must be paid in a timely manner.
7 The secondary agency is required to make payment of funds approved for and earned under dual employment within fortyfive
8 days of the beginning of the employment.
9 19. (GP: Payroll Schedule & Compensation Restrictions) Except as otherwise provided in this Act, all appropriations
10 for compensation of State Employees shall be paid in twice-monthly installments to the person holding such position. In
11 order to provide a regular and permanent schedule for payment of employees, it is hereby established that the payroll period
12 shall begin on June 2, of the prior fiscal year with the first pay period ending on June 16, of the prior fiscal year. The
13 payroll period shall continue thereafter on a twice-monthly schedule as established by the Budget and Control Board. It is
14 the intent of the General Assembly that this schedule, thus established, will continue from one fiscal year to another without
15 interruption, on a twice monthly basis. The Budget and Control Board is authorized to approve any changes to this schedule
16 where circumstances are deemed justifiable.
17 The appropriated salaries for specified positions shall mean the maximum compensation for such position, except as
18 specifically provided in other provisions of this act, and in any case where the head of any department can secure the services
19 for a particular position or work at a lower rate than the salary specified in this Act, authority for so doing is hereby given.
20 No employee of any state department or institution shall be paid any compensation from any other department of the state
21 government except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, and no
22 employee of any department or institution shall be paid travel expenses by any other department or institution without
23 approval of the agency by which he is regularly employed. The Comptroller General shall report, after June thirtieth of each
24 year, to the House Ways and Means Committee and the Senate Finance Committee the names of all employees receiving
25 dual compensation and the amounts received.
26 The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to employees
27 hired for 120 days or less.
28 20. (GP: Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote
29 employees without discrimination because of race, color, sex, national origin, age, religion or physical disability. This policy
30 is to apply to all levels and phases of personnel within state government, including but not limited to recruiting, hiring,
31 compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational programs.
32 It is the policy of the State to take affirmative action to remove the disparate effects of past discrimination, if any, because
33 of race, color, sex, national origin, age, religion or physical disability.
34 Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and
35 sex by October 31, of each year.
36 In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs
37 Commission shall submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General
38 Assembly by February 1 each year. This report shall contain the total number of persons employed in each job group, by
39 race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted from
40 within the agency during the reporting period, and an indication of whether affirmative action goals were achieved. For each
41 job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the percentage goals
42 established in the agency's affirmative action plan for the year in question, the State agency shall submit a detailed
SECTION 72 - GENERAL AND TEMPORARY PAGE 488
1 explanation to the Human Affairs Commission by February 15, explaining why goals were not achieved.
2 The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency
3 not in satisfactory compliance with meeting its stated goals.
4 The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations
5 for the current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation
6 with the Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative
7 action plan, and that the compliance must be accomplished within a reasonable length of time to be determined by the mission
8 and circumstances of the agency. This requirement shall not affect additional appropriation requests for public assistance
9 payments or aid to entities. This section does not apply to those agencies that have been exempted from the reporting
10 requirements of the Human Affairs Commission.
11 21. (GP: RIF, Recall Procedures, Residency Preference) Notwithstanding any other provision of law, when a vacancy
12 occurs in a state agency, other than institutions of higher education, or when an agency acts to fill a new position, the agency
13 shall give preference to residents of this State, if the two are equally qualified for the vacancy or new position.
14 22. (GP: Temporary Grant Funded or Time Limited Funded Positions) Notwithstanding any other provision of law
15 or this Act, state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions specified
16 in federal grants, public charity grants, private foundation grants, research grants and positions with time limited funding
17 approved or authorized by the appropriate state authority in accordance with the following provisions:
18 A. Only those funds authorized within the approved federal grant, public charity grant, private foundation grant,
19 research grant, or time limited funds for a specified project can be used to pay the salaries and/or benefits of temporary
20 employees hired under this provision.
21 B. Temporary grant or time limited positions, employees, and the conditions of their employment shall be reported
22 in accordance with provisions developed by the Division of Budget and Analyses of the Budget and Control Board.
23 C. Positions established under this provision must be limited to and must not exist beyond the duration of the time
24 limited project or grant or any subsequent renewal of it. When the grant, time limited project or any subsequent renewal
25 ends, temporary grant or time limited project employees must be terminated and their positions will cease to exist.
26 Temporary grant or time limited project employees will be exempt from the provisions of Sections 8-17-310 through 8-17-380
27 of the 1976 Code, as amended. State agencies and institutions must terminate all temporary grant or time limited project
28 positions at any time funding is terminated or is insufficient to continue payments under the conditions of the grant or time
29 limited project.
30 D. Temporary grant or time limited project employees may be eligible for the same benefits, excluding permanent or
31 probationary employment status, available to permanent state employees provided that such funds are available within the
32 grant or time limited project.
33 E. Temporary grant or time limited project employees shall be deemed to be employed at will. The temporary grant
34 or time limited project employee shall not be entitled to any compensation beyond the date of termination, other than for such
35 part of the grant or time limited project that has been performed.
36 F. Discretionary determinations by a state agency or institution as to whether to hire an employee pursuant to this
37 proviso are final and not subject to administrative or judicial appeal.
38 23. (GP: Personal Service Reconciliation, FTEs) The General Assembly expresses its continuing concern over the
39 control of the number of personnel employed by the State of South Carolina. This concern is evidenced in the 1980 Public
40 Employment Report of the United States Bureau of Census. It is further declared to be the intent of the General Assembly
41 to continue to take positive steps to reduce the number of personnel employed in the future, without unduly hampering the
42 legitimate functions of state government.
SECTION 72 - GENERAL AND TEMPORARY PAGE 489
1 In order to obtain the necessary control over the number of employees, the Budget and Control Board is hereby directed
2 to maintain close supervision over the number of state employees, and to require specifically the following:
3 1. That no state agency exceed the total authorized number of full-time equivalent positions and those funded from
4 State sources as provided in each section of this Act except by majority vote of the Budget and Control Board. Specific
5 written confirmation of such majority approval shall be forwarded to the Joint Appropriations Review Committee in the event
6 that any agency is allowed to exceed the number of positions authorized in this Act.
7 2. That the Division of Budget and Analyses shall maintain and make, as necessary, periodic adjustments thereto, an
8 official record of the total number of authorized full-time equivalent positions by agency for State and Total funding sources
9 and shall provide a certified duplicate of such record to the Joint Appropriations Review Committee. The Division of
10 Budget and Analyses shall submit monthly reports to the Joint Appropriations Review Committee and such reports shall
11 include any changes in the authorized number of full-time equivalent positions, the number of filled and vacant positions and
12 any other data requested by the committees.
13 (a) That within thirty (30) days of the passage of the Appropriation Act or by August 1, whichever comes later,
14 each agency of the State must have established on the Budget and Control Board records all positions authorized in the Act.
15 After that date, the Board shall delete any non-established positions immediately from the official record of authorized full-
16 time equivalent positions. No positions shall be established by the Board in excess of the total number authorized in the
17 Board record of authorized full-time equivalent positions. Each agency may, upon notification to the Budget and Control
18 Board, change the funding source of State FTE positions established on the Budget and Control Board records as necessary
19 to expend federal and other sources of personal service funds in an effort to conserve or stay within the state appropriated
20 personal service funds. Each agency may, upon notification to the Budget and Control Board, transfer FTEs between
21 programs as needed to accomplish the agency mission. No agency shall change funding sources that will cause the agency
22 to exceed the authorized number of state or total full-time equivalent positions.
23 (b) By September 30, the Board shall prepare a personal service detail, by agency, which shows each position
24 established for the fiscal year and the amount of funds required, by source of funds, to support the position for the fiscal year
25 at a funding level of 100% and the Board shall then reconcile each agency's personal service detail with the agency's personal
26 service appropriation as contained in the Act adjusted for any pay increases, and any other factors necessary to reflect the
27 agency's personal service funding level. The Board shall provide a copy of each agency's personal service reconciliation
28 to the Senate Finance and House Ways and Means Committees.
29 (c) Any position which is shown by the reconciliation to be unfunded or significantly underfunded may be deleted
30 at the direction of the Budget and Control Board .
31 (d) Full-time equivalent (FTE) positions shall be determined under the following guidelines:
32 1. The annual work hours for each FTE shall be the agency's full-time standard annual work hours.
33 2. The State FTE shall be derived by multiplying the state percentage of budgeted funds for each position
34 by the FTE for that position.
35 3. All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full-
36 time faculty with a duration of nine (9) months.
37 The FTE method of accounting shall be utilized for all authorized positions.
38 3. That the number of positions authorized in this Act shall be reduced in the following circumstances:
39 (a) Upon request by an agency.
40 (b) When anticipated federal funds are not made available.
41 (c) When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess
42 of positions in any state agency.
SECTION 72 - GENERAL AND TEMPORARY PAGE 490
1 4. The Budget and Control Board shall annually reconcile personal service funds with full-time employee count to
2 determine unfunded positions which will be eliminated no later than January 15 of the current fiscal year unless specifically
3 exempted elsewhere in this act or by the State Budget and Control Board. The State Budget and Control Board must report
4 the full-time employee count and unfunded position status to the Senate Finance Committee and the Ways and Means
5 Committee by February 1 of the current fiscal year.
6 5. That no new permanent positions in state government shall be funded by appropriations in acts supplemental to this
7 Act but temporary positions may be so funded.
8 6. The provisions of this section shall not apply to personnel exempt from the State Classification and Compensation
9 Plan under Item I of Section 8-11-260 of the 1976 Code.
10 The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the
11 level of personal service appropriation recommended for each agency is at least 97% of the funds required to meet 100%
12 of the funds needed for the full-time equivalents positions recommended by the Governor (exclusive of new positions).
13 24. (GP: Allowance for Residences & Compensation Restrictions) That salaries paid to officers and employees of the
14 State, including its several boards, commissions, and institutions shall be in full for all services rendered, and no prerequisites
15 of office or of employment shall be allowed in addition thereto, but such prerequisites, commodities, services or other
16 benefits shall be charged for at the prevailing local value and without the purpose or effect of increasing the compensation
17 of said officer or employee. The charge for these items may be payroll deducted at the discretion of the Comptroller General
18 or the chief financial officer at each agency maintaining its own payroll system. This shall not apply to the Governor's
19 Mansion, nor for department-owned housing used for recruitment and training of Mental Health Professionals, nor to guards
20 at any of the State's penal institutions and nurses and attendants at the Department of Mental Health, and the Department
21 of Disabilities & Special Needs, and registered nurses providing clinical care at the MUSC Medical Center, nor to the
22 Superintendent and staff of John de la Howe School, nor to the cottage parents and staff of Wil Lou Gray Opportunity
23 School, nor to full-time or part-time staff who work after regular working hours in the SLED Communications Center or
24 Maintenance Area, nor to the Directors of John G. Richards Campus, Willow Lane Campus, and the Reception and
25 Evaluation Center at the Department of Juvenile Justice nor to the Residence Dormitory Director and the Assistant Residence
26 Director at the Governor's School for Science and Mathematics. The Presidents of those State institutions of higher learning
27 authorized to provide on-campus residential facilities for students may be permitted to occupy residences on the grounds of
28 such institutions without charge.
29 Any state institution of higher learning may provide a housing allowance to the President in lieu of a residential facility,
30 the amount to be approved by the Budget and Control Board.
31 That the following may be permitted to occupy residences owned by the respective Departments without charge: the
32 Commissioner of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm
33 Managers, and Specialists employed at the Wateree River Correctional Institution, Walden Correctional Institution,
34 MacDougall Youth Correctional Center, and Givens Youth Correctional Center; the S. C. State Commission of Forestry fire
35 tower operators, forestry aides, and caretaker at central headquarters; the Department of Natural Resources' Game
36 Management Personnel, Fish Hatchery Superintendents, Lake Superintendent, and Fort Johnson Superintendent; the
37 Department of Parks, Recreation and Tourism field personnel in the State Parks Division; the Agricultural Aide at the
38 Department of Juvenile Justice Farm; Director of Wil Lou Gray Opportunity School; President of the School for the Deaf
39 and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control
40 personnel at the State Park Health Facility and Camp Burnt Gin; Assistant Director of Residence Life and a student counselor
41 at Lander University; Clemson University's Head Football Coach; the Department of Disabilities & Special Needs' physicians
42 and other professionals at Whitten Center, Clemson University Off-Campus Agricultural Staff and Housing Area
SECTION 72 - GENERAL AND TEMPORARY PAGE 491
1 Coordinators; and University of South Carolina's Manager of Bell Camp Facility, Housing Maintenance Night Supervisors,
2 Residence Life Directors, temporary and transition employees, and emergency medical personnel. Except in the case of
3 elected officials, the fair market rental value of any residence furnished to a State Employee shall be reported by the State
4 Agency furnishing the residence to the Agency Head Salary Commission by October 1, of each fiscal year.
5 All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan,
6 approved by the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not
7 specifically fixed in this act. Such plan shall include all employees regardless of the source of funds from which payment
8 for personal service is drawn. The Division of Budget and Analyses of the Budget and Control Board is authorized to
9 approve temporary salary adjustments for classified and unclassified employees who perform temporary duties which are
10 limited by time and/or funds. When approved, a temporary salary adjustment shall not be added to an employee's base salary
11 and shall end when the duties are completed and/or the funds expire. Academic personnel of the institutions of higher
12 learning and other individual or group of positions that cannot practically be covered by the plan may be excluded therefrom
13 but their compensations as approved by the Division of Budget and Analyses shall, nevertheless, be subject to review by the
14 Budget and Control Board. Salary appropriations for employees fixed in this Act shall be in full for all services rendered,
15 and no supplements from other sources shall be permitted or approved by the State Budget and Control Board. With the
16 exception of travel and subsistence, legislative study committees shall not compensate any person who is otherwise employed
17 as a full-time state employee. Salaries of the heads of all agencies of the State Government shall be specifically fixed in this
18 Act and no salary shall be paid any agency head whose salary is not so fixed. Commuter mileage on non-exempt state
19 vehicles shall be considered as income and reported by the Comptroller General in accordance with IRS regulations. As long
20 as there is no impact on appropriated funds, state agencies and institutions shall be allowed to spend public funds and/or other
21 funds for designated employee award programs which shall have written criteria approved by the agency governing board
22 or commission. For purposes of this section, monetary awards, if any, shall not be considered a part of an employee's base
23 salary, a salary supplement, or a prerequisite of employment. The names of all employees receiving monetary awards and
24 the amounts received shall be reported annually to the South Carolina Division of Budget and Analyses.
25 25. (GP: MUSC Hospital Services Rates) The Board of the Medical University of South Carolina shall provide hospital
26 services to state employees and officials of state government at a rate not to exceed the payment rates to hospitals provided
27 by the employee's insurance program(s). Private physician fees, psychiatry, and all dental are not included.
28 26. (GP: Universities & Colleges - Allowance for Presidents) Presidents of the University of South Carolina, Clemson
29 University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University,
30 Francis Marion University, University of Charleston, and Lander University must not be paid a fixed allowance for personal
31 expenses incurred in connection with the performance of their official duties. Reimbursements may be made to the Presidents
32 from funds available to their respective institutions for any personal expenses incurred provided that all requests for
33 reimbursement are supported by properly documented vouchers processed through the normal accounting procedures of the
34 institutions.
35 27. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections,
36 Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs and School
37 for the Deaf and the Blind may replace the personal property of an employee which has been damaged or destroyed by a
38 client while in custody of the agency. The replacement of personal property may be made only if the loss has resulted from
39 actions by the employee deemed to be appropriate and in the line of duty by the agency head and if the damaged or destroyed
40 item is found by the agency head to be reasonable in value, and necessary for the employee to carry out the functions and
41 duties of his employment. Replacement of damaged or destroyed items shall not exceed $250 per item, per incident. Each
42 agency must have guidelines to insure the reasonableness of the replacement payments.
SECTION 72 - GENERAL AND TEMPORARY PAGE 492
1 28. (GP: Law Enforcement Officer Retiree Weapon Purchase) All state employees, who are commissioned law
2 enforcement officers upon retirement, if vested, may purchase their assigned weapon at a reasonable fee.
3 29. (GP: Business Expense Reimbursement) Agency heads and Deputy Commissioners or Deputy Directors designated
4 by Agency heads may receive reimbursements for business expenses incurred while performing their official duties, provided
5 that receipts are presented when seeking reimbursement and justification is submitted to document the time, place, and
6 purpose of the expense as well as the names of the individuals involved. The Budget and Control Board shall promulgate
7 regulations governing these expenses.
8 30. (GP: Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of Thirty-
9 five ($35) Dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for service on
10 such boards, commissions or committees.
11 31. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of
12 the Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when
13 accompanying the Governor or the Lieutenant Governor on official state business.
14 32. (GP: Travel - Subsistence Expenses & Mileage) Travel and subsistence expenses, whether paid from State
15 appropriated, Federal, local or other funds, shall be allowed in accordance with the following provisions:
16 A. Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina
17 or any agency thereof including employees and members of the governing bodies of each technical education center while
18 traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses
19 incurred for lodging. Agencies may contract with lodging facilities to pay on behalf of an employee. Failure to maintain
20 proper control of direct payments for lodging may result in the revocation of the agency's authority by the Comptroller
21 General or the State Auditor. The employee shall also be reimbursed for the actual expenses incurred in the obtaining of
22 meals except that such costs shall not exceed ($20) per day within the State of South Carolina. For travel outside of South
23 Carolina the maximum daily reimbursement for meals shall not exceed ($32). Agencies may contract with food or dining
24 facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget and
25 Control Board. It shall be the responsibility of the agency head to monitor the charges for lodging which might be claimed
26 by his employees in order to determine that such charges are reasonable, taking into consideration location, purpose of travel
27 or other extenuating circumstances. The provisions of this item shall not apply to Section 42-3-40 of the 1976 Code.
28 B. That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional
29 business for the State of South Carolina shall be entitled to actual expenses for both food and lodging.
30 C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer,
31 Adjutant General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses
32 for subsistence.
33 D. Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly whose
34 membership consists solely of members of the General Assembly or members of the General Assembly and other personnel
35 who are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while traveling
36 on official business. Members of such committees may opt to receive actual expenses incurred for lodging and actual
37 expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense.
38 E. Members of the State Boards, Commissions, or Committees whose duties are not full-time and who are paid on
39 a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in Paragraph A and I
40 of this Section while away from their places of residence on official business of the State. One person accompanying a
41 handicapped member of a State Board, Commission, or Committee on official business of the State shall be allowed the same
42 reimbursement for actual expenses incurred at the rates provided in Paragraph A through I of this Section.
SECTION 72 - GENERAL AND TEMPORARY PAGE 493
1 F. No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals
2 while traveling in the county of his official residence. When traveling on official business of said court within 50 miles
3 outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed
4 subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees
5 of the State. When traveling on official business of said Court 50 or more miles outside the county of his official residence,
6 each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this Act
7 for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.
8 The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and one member
9 of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while
10 attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.
11 Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and
12 Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state
13 expenses at the rate provided in paragraph A of this section.
14 G. No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law
15 Judge while holding court within the county in which he resides. While holding court or on other official business outside
16 the county, within fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge
17 is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business at a
18 location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is entitled to
19 a subsistence allowance in the amount as provided in this Act for members of the General Assembly.
20 H. Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme
21 Court to serve as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve
22 without pay but shall receive the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit
23 Court Judges.
24 I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the
25 agency by which he is employed except as provided in paragraph E, of this section. When an employee is assigned to work
26 a particular territory or district, and such territory or district and his official headquarters are in different localities or sections
27 of the State, expenses may be allowed for the necessary travel to his official headquarters. The members of the Workers'
28 Compensation Commission, Public Service Commission and the Employment Security Commission may be reimbursed at
29 the regular mileage rate of one round trip each week from their respective homes to Columbia. No subsistence
30 reimbursement shall be allowed to a member of the Workers' Compensation Commission, Public Service Commission or
31 the Employment Security Commission while traveling in the county of his official residence. When traveling on official
32 business of the Commission within 50 miles outside the county of his official residence, a member of the Workers'
33 Compensation Commission, Public Service Commission or the Employment Security Commission shall be allowed
34 subsistence expenses in the amount of $35 per day. When traveling on official business of the Commission 50 or more miles
35 outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided
36 in this act for members of the General Assembly.
37 J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business,
38 a charge of 25.5 cents per mile will be allowed for the use of such automobile and the employee shall bear the expense of
39 supplies and upkeep thereof. Whenever State provided motor pool vehicles are reasonably available and their use is practical
40 and an employee of the State shall request for his own benefit to use his or her personal vehicle in traveling on necessary
41 official business, a charge of 21.5 cents per mile will be allocated for the use of such vehicle and the employee shall bear
42 the expense of supplies and upkeep thereof. When such travel is by a State-owned automobile, the State shall bear the
SECTION 72 - GENERAL AND TEMPORARY PAGE 494
1 expense of supplies and upkeep thereof but no mileage will be allowed. Agencies and employees are directed to use State
2 fueling facilities to the maximum extent possible, when such use is cost beneficial to the State. When using commercial
3 fueling facilities, operators of State-owned vehicles are directed to use self-service pumps. In traveling on the business of
4 the State, employees are required to use the most economical mode of transportation, due consideration being given to
5 urgency, schedules and like factors.
6 Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However,
7 when an employee leaves on a business trip directly from his/her home, and does not go by the employee's headquarters,
8 the employee shall be eligible for reimbursement for actual mileage beginning at his/her residence.
9 K. That a State agency may advance travel and subsistence expense monies to employees of that agency for the
10 financing of ordinary and necessary travel required in the conducting of the business of the agency. The Budget and Control
11 Board is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses and no State
12 agency shall make such advances except under the rules and regulations as published. All advances for travel and subsistence
13 monies shall be repaid to the agency within thirty (30) days after the end of the trip or by the end of the fiscal year,
14 whichever comes first.
15 L. That the State institutions of higher learning are authorized to reimburse reasonable relocation expenses for new
16 employees when such reimbursements are considered by the agency head to be essential to successful recruitment of
17 professionally competent staff members.
18 M. The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing travel
19 and subsistence payments.
20 N. No state funds may be used to purchase first class airline tickets.
21 33. (GP: Asbestos Litigation Funds) All funds involved in the settlement of asbestos litigation cases, with the exception
22 of those funds involving the University of South Carolina system and Clemson University, must be deposited into an interest
23 bearing account in the State Treasurer's Office entitled "Asbestos Expense Trust Account". The University of South Carolina
24 system and Clemson University must deposit all funds involved in the settlement of asbestos litigation into separate
25 institutional interest bearing accounts entitled "Asbestos Expense Trust Account", with each institution's name appropriately
26 captioned in their respective accounts, to be maintained in the State Treasurer's Office. These accounts shall only be used
27 for expenses relating to asbestos litigation, asbestos abatement, or other asbestos related expenses or projects. Such projects
28 must be approved by the Budget and Control Board after review by the Joint Bond Review Committee.
29 34. (GP: State Port Authority Funds - Rent) Any funds derived by the State Port Authority from the rental, lease or
30 sale of any of its facilities shall be expended for the benefit of the particular Port where such facilities are located.
31 35. (GP: Rental Charges, Collections State Offices) Subsection (a). The Budget and Control Board is hereby directed
32 to assess and collect a rental charge from all departments and agencies of the State Government occupying space in State-
33 controlled office buildings. The amount charged each department or agency shall be calculated on a square foot, or other
34 equitable basis of measurement, and at such rates as will yield sufficient total annual revenue to cover, unless the Budget
35 and Control Board determines otherwise, in priority order, both (1) the annual principal and interest due on the Capital
36 Improvement Obligations authorized by Act No. 829 of the 1964 Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of
37 the 1971 Acts and Act No. 1377 of the 1968 Acts as amended for projects administered by the Division of General Services
38 and (2) maintenance and operation costs of State-controlled office buildings in the City of Columbia. The amount so
39 collected which is applicable to the payment of principal and interest due on obligations authorized by Act 1377 of the 1968
40 Acts as amended shall be paid into the State's General Fund to apply on debt service appropriations under the Section 119
41 of this Act.
42 Subsection (b). All departments and agencies against which rental charges are assessed and whose operations are financed
SECTION 72 - GENERAL AND TEMPORARY PAGE 495
1 in whole or in part by Federal and/or other non-appropriated funds are directed to apportion the payment of such charges
2 equitably among all such funds, so that each shall bear its proportionate share. All appropriations in this Act applicable to
3 the rental of space in State-controlled buildings (exclusive of the Department of Transportation), shall be available only for
4 payment of that portion of rental charges applicable to State-appropriated operations.
5 Subsection (c). Rental collections shall be deposited by the Budget and Control Board in the State Treasury in a special
6 account and shall be expended only for (1) payment of principal and interest due on the obligations referred to in Subsection
7 (a) above and (2) maintenance and operations costs of the buildings referred to in Subsection (a) above.
8 36. (GP: Organizations Receiving State Appropriations Report) Each organization receiving a contribution in this Act
9 shall render to the state agency making the contribution by November 1 of the fiscal year in which funds are received, an
10 accounting of how the State funds will be spent, a copy of the adopted budget for the current year, and also a copy of the
11 organization's most recent operating financial statement. The funds appropriated in this Act for contributions shall not be
12 expended until the required financial statements are filed with the appropriate state agency. No funds in this Act shall be
13 disbursed to organizations or purposes which practice discrimination against persons by virtue of race, creed, color or
14 national origin. The State Auditor shall review and audit, if necessary, the financial structure and activities of each
15 organization receiving contributions in this Act and make a report to the General Assembly of such review and/or audit, when
16 requested to do so by the Budget and Control Board.
17 37. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board, through the
18 Information Technology Planning Process Office of Research and Statistics and the Office of State Budget of the Division
19 of Budget and Analyses, is authorized and directed to identify all expenditures and requested increases for information
20 technology for Agencies, Institutions or Departments, with the exception of colleges and universities, compile the request
21 into one report, evaluate and place priorities on each request, and recommend funding levels. No agency shall commit to
22 expend more funds for information technology than allocated to the agency for the purpose without first receiving an
23 approved transfer of such funds from other budget items. In furtherance of this provision, all State Agencies are hereby
24 directed to include as part of all budget requests, identification of all information technology equipment and services requiring
25 new state appropriated funds.
26 38. (GP: Lump-Sum Agencies Expenditure Report) Beginning with Fiscal Year 1993-94, all lump-sum agencies shall
27 prepare, annually, a year-end expenditure report that reflects total expenditures by source of funds, program, sub-program,
28 personnel by minor object code, and all other expenditures by major object codes as defined by the Comptroller General's
29 Office. This report shall be submitted to the Division of Budget and Analyses of the Budget and Control Board no later than
30 75 days following the close of each fiscal year.
31 39. (GP: Printing Costs Disclosure on State Publications) All agencies using appropriated funds shall print on the last
32 page of all bound publications the following information:
33 (1) Total Printing Cost
34 (2) Total Number of Documents Printed
35 (3) Cost Per Unit
36 The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing and Information Technology
37 Resource, the Presidents of each institution of higher education, and the State Board for Technical and Comprehensive
38 Education may exempt from this requirement, documents published by their respective agencies. Agency publications which
39 are produced for resale are also exempt from this requirement. Publications of public relations nature, produced by Parks,
40 Recreation and Tourism, and the Division of State Development are exempt from this requirement.
41 40. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90,
42 a retired member of the System may return to employment covered by the System and earn up to twelve thousand five
SECTION 72 - GENERAL AND TEMPORARY PAGE 496
1 hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the
2 retired member continues in service after having earned twelve thousand five hundred dollars in a fiscal year, his retirement
3 allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues
4 for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not
5 apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.
6 41. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System
7 may return to employment covered by the System and earn up to twelve thousand five hundred dollars a fiscal year without
8 affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after
9 having earned twelve thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during
10 his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive
11 months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member
12 of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.
13 42. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft shall
14 maintain a continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated
15 by agencies of the State Government shall be used only for official business. The Division of Aeronautics and other agencies
16 owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General
17 Assembly, members of state boards, commissions, and agencies and their invitees for official business only; no member of
18 the General Assembly, no member of a state board, commission or committee, and no state official shall use any aircraft
19 of the Division of Aeronautics unless the member or official files within forty-eight hours after the time of departure of the
20 flight with the Division of Aeronautics a sworn statement certifying and describing the official nature of his trip; and no
21 member of the General Assembly, no member of a state board, commission or committee, and no state official shall be
22 furnished air transportation by a state agency other than the Division of Aeronautics unless such agency prepares and
23 maintains in its files a sworn statement from an appropriate official of the agency certifying that the member's or state
24 official's trip was in conjunction with the official business of the agency. Official business shall not include routine
25 transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized.
26 All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent
27 record of any agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an
28 appropriate official of SLED or the Division of State Development whose confidentiality must, in the opinion of SLED or
29 the Division, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Division of State
30 Development (strike one)" and the appropriate official of SLED or the Division shall certify to the agency operating the
31 aircraft the necessity for such confidentiality.
32 Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976
33 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall
34 subject a violating member of a state board, commission or committee, or a state official to the applicable ethics procedure
35 relating to them as provided by law. The above provisions do not apply to aircraft of the Division of Aeronautics when used
36 by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any
37 state-supported institution of higher education.
38 Aircraft owned by agencies of state government shall not be leased to individuals for their personal use.
39 43. (GP: State Primary Prevention Strategy) The Human Services Coordinating Council is designated as the entity
40 responsible for developing and coordinating the implementation of a plan for a State Primary Prevention Strategy. Primary
41 prevention is defined as programs which seek to prevent the onset of disease, disability or high risk behaviors through the
42 enhancement of individual and community protective factors and the reduction of risk factors. The plan must be submitted
SECTION 72 - GENERAL AND TEMPORARY PAGE 497
1 to the Governor, Chairman of Ways and Means and Chairman of Senate Finance for approval. Upon their approval,
2 participating agencies are authorized to utilize those funds identified as the State Primary Prevention Strategy in Section 30.
3 The project plan must provide: 1) A primary prevention mission statement; 2) Project objectives; 3) Current and proposed
4 service efforts and accomplishment indicators (input, output, outcomes and efficiency); 4) A description of the anticipated
5 benefits and costs; and 5) An independent evaluator component.
6 44. (GP: Carry Forward) Each agency shall be authorized to carry forward unspent general fund appropriations from
7 the prior fiscal year into the current fiscal year, up to a maximum of 10% of its original general fund appropriations less
8 any appropriation reductions for the current fiscal year. Agencies shall not withhold services in order to carry forward
9 general funds.
10 Each agency director shall develop a plan for the investment of a portion of such carry forward funds, up to $2,000 per
11 employee, on Total Quality Management initiatives. Such initiatives may include TQM training, process improvements,
12 including automation, and pay-for-performance bonuses. The agency TQM plan must be approved by the State Director of
13 Total Quality Management prior to any funds being expended pursuant to this section.
14 This provision is suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso,
15 the amount of the general fund surplus/deficit shall be considered after all appropriations from the Capital Reserve Fund have
16 been allowed and before any transfers from the General Reserve. The amount of general funds needed to avoid a year-end
17 deficit shall be reduced proportionately from each agency's carry forward amount.
18 Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such
19 separate authority from their base for purposes of calculating the 10% carry forward authorized herein. Any funds that are
20 carried forward as a result of this provision are not considered part of the base of appropriations for any succeeding years.
21 Notwithstanding any other provisions of law, state agencies and institutions shall be allowed to spend carry forward monies
22 from the previous fiscal year to provide selected employees a one-time lump sum bonus not to exceed $1,000, based on
23 objective guidelines established by the Budget and Control Board. This payment is not a part of the employee's base salary
24 and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems.
25 45. (GP: Publication List for General Assembly) With the exception of the Governor's Executive Budget and related
26 documents, telephone directories, training manuals, code manuals or other such reference materials, and notwithstanding any
27 other requirement, mandate, or provision of this act to the contrary, no agency, department, or entity of state government
28 shall provide the General Assembly with a hard copy of any publications whether or not such publications, reports or other
29 documents are required to be furnished to the General Assembly by law. Any such transmission shall be made by electronic
30 medium in such format and form and in accordance with such technical standards as may be established by the Office of
31 Legislative Printing and Information Technology Resources (LPITR). LPITR shall make any such information transmitted
32 available through its network except for those documents or portions of documents it deems necessary or more efficient for
33 an agency to produce in hard copy form. Any report governed by the requirements of this proviso may be published in hard
34 copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate.
35 46. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying laws,
36 regulations and provisos which are not being used or no longer need to be regulated. After identifying these laws, repeals
37 are to be drafted for submission to the General Assembly.
38 47. (GP: Written Notice of Fee Changes) All state administrative or executive agencies which have the authority to
39 impose charges, fines, fees, levies, or penalties, of any nature, pursuant to statutory or regulatory authorization, shall give
40 written notice if requested to any person affected by or subject to the assessment prior to collection. The notice required
41 pursuant to this section shall include an appropriate citation to the relevant statutory or regulatory provision which authorizes
42 the imposition of the assessment. No assessment made by a state administrative or executive agency against an affected
SECTION 72 - GENERAL AND TEMPORARY PAGE 498
1 person shall be valid, absent express statutory or regulatory authorization.
2 48. (GP: TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the General Assembly that the State
3 Medicaid Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility
4 Act (TEFRA) option. State agencies, including but not limited to, the Office of the Governor - the Continuum of Care, the
5 Department of Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and
6 Special Needs, and the Department of Health and Human Services shall collectively review and identify existing state
7 appropriations within their respective budgets that can be used as state match to serve these children. Such funds shall be
8 used effective January 1, 1995 to implement TEFRA option benefits.
9 49. (GP: HUGO Reimbursement) Notwithstanding Section 11-9-125, any state agency, college, or university which
10 has a grant agreement with and has received prior disaster reimbursements for losses incurred during Hurricane Hugo from
11 the Office of State Public Assistance and where said state agency, college or university may not have received full
12 reimbursement for eligible program management costs associated with disaster recovery activities incurred during Hurricane
13 Hugo may seek further reimbursement for eligible program management costs related to Hurricane Hugo and is authorized
14 to retain these funds for use within the agency's operating budget.
15 50. (GP: Frequent Flyer Premiums) State agencies and employees shall select air carriers based on cost and time
16 criteria, not on whether frequent flyer premiums are given. State agencies should ensure that employees earning frequent
17 flyer premiums while traveling on State business use them to reduce the cost of subsequent business travel whenever possible.
18 51. (GP: Prison Industries) All agencies funded in this Act, when procuring goods and services, shall first consider
19 contracting for services or purchasing goods and services through the Department of Corrections' Prison Industries Program.
20 The Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by
21 Prison Industries. The Department is hereby directed to develop and market a catalogue of Prison Industries products for
22 nationwide circulation.
23 52. (GP: Out-Of-State Travel Report) Annually on October 1, the Comptroller General shall issue a report on out-of-
24 state travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways
25 and Means Committee and the Statehouse Press Room. The Comptroller General may use up to $500 of general fund
26 appropriations for the purpose of providing copies to the media or the public upon request. The report must contain a listing
27 for every agency receiving an appropriation in the annual General Appropriations Act. The listing must show at a minimum
28 the top ten percent of employees for whom out-of-state travel expenses and registration fees were paid within each agency,
29 not to exceed one hundred employees per agency. Expenditures must include state, federal and other sources of funds. The
30 list for each agency must be in rank order with the largest expenditure first and the name of the employee must be shown
31 with each amount. The Comptroller General may provide additional information as deemed appropriate. The Comptroller
32 General shall provide no exceptions to this report in that the information contained is not considered confidential or restricted
33 for economic development purposes. However, further disclosure of detailed information shall be restricted as provided for
34 by law.
35 53. (GP: PSC Transfer to DOR - 9 FTE) The nine positions now at the Public Service Commission whose duties
36 include enforcement of Article 3, Chapter 23 of Title 58 of the 1976 Code which have been transferred to the Department
37 of Revenue and Taxation, including the personnel providing supervision and administrative support, shall be transferred to
38 that department at their current salary. All positions transferred to the Department of Revenue and Taxation shall be funded
39 from the motor carrier registration fees collected by the Department of Revenue and Taxation that previously were collected
40 by the Public Service Commission.
41 54. (GP: PSC Transfer to DOR - 5 FTE) The five positions now performing duties which include enforcing the
42 provisions of Article 5, Chapter 23, Title 58 of the 1976 Code at the Public Service Commission shall be transferred to the
SECTION 72 - GENERAL AND TEMPORARY PAGE 499
1 Department of Revenue and Taxation at their current salary. All positions transferred to the Department of Revenue and
2 Taxation shall be funded from the motor carrier registration fees collected by the Department of Revenue and Taxation that
3 previously were collected by the Public Service Commission.
4 55. (GP: PSC Transfer to DPS - 18 FTE) The eighteen positions at the Public Service Commission presently
5 performing enforcement of the commercial motor vehicle carrier laws shall be transferred to the Department of Public Safety
6 or another state law enforcement agency if directed by the Budget and Control Board at their current salary and funded from
7 the motor carrier registration fees collected by the Department of Revenue and Taxation that previously were collected by
8 the Public Service Commission.
9 56. (GP: RIF Due to Elimination of Vehicle Inspection Program) Employees affected by the reduction in force at the
10 Department of Public Safety due to the elimination of the Vehicle Inspection Program must be afforded, if qualified, first
11 preference for all vacant positions that are offered to be filled, as of July 1, 1995, to July 1, 1996, by the Department of
12 Revenue, Department of Transportation, Department of Public Safety, and Department of Natural Resources. It shall be the
13 responsibility of the Department of Public Safety to make every effort to find appropriate placement throughout state
14 government for the affected employees. No hiring freeze adopted in this Act shall override this proviso.
15 57. (GP: Educational Assistance Endowment Fund) Notwithstanding provisions contained within this act, for this fiscal
16 year only, the revenue credited to the Educational Assistance Endowment Fund pursuant to Section 48-47-175(C) shall be
17 used as follows: $7,000,000 for University of Charleston -- Acquisition of Adjoining Property, $4,000,000 for Greenville
18 Higher Education Consortium, $5,400,000 for Archives and History -- History Center, $600,000 for the School for the Deaf
19 and Blind -- Maintenance and Equipment, and $185,000 for Wil Lou Gray Opportunity School -- Building Maintenance with
20 the remaining funds to be distributed on a seventy percent-thirty percent basis to Public School Facilities Assistance and
21 Higher Educational Scholarship Grants, respectively; however no less than $39,400,000 shall go to Scholarship Grants.
22 58. (GP: Transfer of Functions) All matters relating to the enforcement and administration of the provisions of
23 Chapters 1, 3, 5, 10 and 27 of Title 56 of the 1976 Code are transferred from the Department of Revenue and Taxation to
24 the Department of Public Safety.
25 59. (GP: School Technology Initiative) From the funds appropriated/authorized to the Budget and Control Board's
26 Office of Information Resources for school technology, the Board shall, in consultation with the State Department of
27 Education and South Carolina Educational Television, begin the development of a statewide educational technology initiative.
28 This initiative is intended to provide technology connectivity for K-12 public schools throughout the State and should, to the
29 maximum extent possible, involve public-private sector collaborative efforts. The Budget and Control Board shall retain and
30 carry forward funds to be used for the same purpose.
31 60. (GP: Disabled & Mentally Ill Employment Task Force) A task force shall be established to develop a plan to
32 maximize the employment of persons with severe disabilities and persons diagnosed with mental illness and to maximize the
33 use of current resources to support this effort. Task force members shall include the Director of Vocational Rehabilitation,
34 the Director of the Department of Mental Health and the Director of the Department of Disabilities and Special Needs or
35 their designees; a county-level director from Vocational Rehabilitation, the Department of Mental Health and the Department
36 of Disabilities and Special Needs from rural counties or their designees; a county-level director from Vocational
37 Rehabilitation, the Department of Mental Health and the Department of Disabilities and Special Needs from an urban county
38 or their designees; and ten consumers/family members to represent and to be divided equally among the areas of mental
39 retardation, autism, head injuries, spinal cord injuries and mental illness. This task force shall be established no later than
40 July 15, 1996. The task force shall review what our state and other states provide in the area of vocational services to these
41 populations to identify ways our system can improve in serving these population's employment needs. A report will be
42 presented with specific recommendations for improvement to the House Ways and Means Committee, the Senate Finance
SECTION 72 - GENERAL AND TEMPORARY PAGE 500
1 Committee, and the Governor's Office by January 15, 1997.
2 61. (GP: Common Intake & Assessment Task Force) A common intake and assessment procedure and a plan for its
3 use shall be developed by a task force to include a representative from each agency that provides services to children with
4 disabilities and their families. The agencies shall include the directors of the Department of Education, the Department of
5 Disabilities and Special Needs, the Department of Health & Environmental Control, the Department of Mental Health and
6 the Department of Social Services or their designees. The task force shall also include five advocates/consumers/family
7 members who have children using services from these agencies. A report shall be submitted to the House Ways and Means
8 Committee, the Senate Finance Committee and the Governor's Office by January 15, 1997. This task force shall continue
9 and report annually for three years on the implementation, quality and success of this plan.
10 62. (GP: USC Blind & Visually Impaired Program) The University of South Carolina shall work cooperatively with
11 the Commission for the Blind to assure a program of instruction for the blind and visually impaired. This will be
12 accomplished through the following measures: (1) USC will re-allocate resources of $50,000 to hire a full-time professor
13 of the blind and visually impaired, (2) the program will coordinate University-based research and consultation with the
14 National Federation of the Blind of S.C. and outreach will be ongoing using the USC student interns at the Commission for
15 the Blind, (3) the program will focus on braille instruction, orientation and mobility classroom and off-site training,
16 independent living, pathology and anatomy of the eye and adaptive technology. This proviso restores a previously held
17 position at the University of South Carolina.
18 63. (GP: Immunization System) The Department of Health & Environmental Control, in conjunction with the
19 Department of Health & Human Services, shall use the funds appropriated for the immunization program to enhance the
20 vaccination delivery system, emphasizing public/private partnerships in the funding and delivery systems, increase community
21 participation, education and partnerships. The strategic objective of this system shall be to eliminate vaccine-preventable
22 diseases in South Carolina. These agencies will monitor the quality and effectiveness of this system through the development
23 of an accessible statewide immunization information system and shall report annually by January 15th to the Governor, the
24 House Ways and Means Committee and the Senate Finance Committee. However, if federal rules allow federal matching
25 funds to be used to support this program, some additional funding made available through such match shall be used to
26 improve access to physicians' services and dental services in the Medicaid program. This will be accomplished by applying
27 excess funding to physician office visits and select dental rates.
28 64. (GP: (Long Term Care System) The Department of Health and Human Services and the Department of Health and
29 Environmental Control shall, in coordination with other appropriate agencies and organizations, develop a system of services
30 which provides a continuum of long term care services for elderly individuals and their families. The system shall integrate
31 available funding streams, design a common intake system, incorporate recipient directed care and voucher options to the
32 extent possible, expand the current continuum to better address all levels of care needed and develop an eligibility/access
33 system. The agencies will identify any changes necessary in the certificate of need rules which will better support this system
34 by lowering cost and increasing access. Of the new funding provided, seventy percent shall be used for rate increases. The
35 system shall include a process to routinely assess the system of care focusing on quality, access, outcomes and efficiency.
36 The agencies shall report annually to the Governor, to the House Ways and Means Committee and to the Senate Finance
37 Committee no later than January 15th on this system.
38 65. (GP: Highway Safety & Criminal Justice Grants) Before the end of the current fiscal year, the Department of
39 Public Safety shall transfer personnel and funds assigned to the administration of Federal Highway Safety & Department of
40 Justice Grants to the Governor's Office, Office of Executive Policy & Programs, provided that the agency distributing the
41 grant monies is not an applicant for the grant monies. The Office of State Budget of the Budget & Control Board shall assist
42 and coordinate the transfer of the appropriate budgetary line items.
SECTION 72 - GENERAL AND TEMPORARY PAGE 501
1 66. (GP: Secretary of State Employee Rights) Where the provisions of this Act transfer the Office of the Secretary of
2 State or any particular entities, sections, division or portions thereof, to another state agency, department or division, the
3 related employees of the Office of the Secretary of State are also transferred to and become part of the receiving agency,
4 department or division unless otherwise specifically provided. All classified and unclassified personnel employed by the Office
5 of the Secretary of State on the effective date of this Act shall become employees of the receiving agency, department or
6 division, and retain the same compensation, and grade level, as applicable, unless otherwise specifically provided.
7 Employees transferred under this provision will not experience a break in service and, if at the time of transfer, they are
8 covered by the provisions of the State Employee Grievance Procedure Act of 1982, they continue to be covered by the
9 provisions of that Act. This provision applies only to those employees who have at least a "meets" performance requirements
10 rating in their position with the Office of the Secretary of State prior to the effective date of this Act.
11
12
13 SECTION 73
14
15 1. (Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part I of this Act
16 as ordinary expenses of the State Government shall lapse on July 31, 1996. 1997. State agencies are required to submit all
17 current fiscal year input documents to the Comptroller General's Office by July 19, 1996. July 18, 1997. Appropriations
18 for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which
19 such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget
20 and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the
21 appropriations were provided. Appropriations for other specific purposes aside from ordinary operating expenses, now
22 outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were prov
23 ided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board, toward
24 the accomplishment of the purposes for which the appropriations were provided.
25
26 END OF PART I
27
INDEX BY AGENCY AND SECTION NUMBER
AGY SECTION AGENCY NAME PAGE
SECTION 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
SECTION 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
SECTION 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
SECTION 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
A99 SECTION 3 LEGISLATIVE DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . 394
B04 SECTION 4A JUDICIAL DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . 400
C05 SECTION 5 ADMINISTRATIVE LAW JUDGE DIVISION . . . . . . . . . . . . . . . . . 401
D21 SECTION 6DD THE GOVERNOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
E08 SECTION 8 SECRETARY OF STATE'S OFFICE . . . . . . . . . . . . . . . . . . . . 405
E12 SECTION 9 COMPTROLLER GENERAL'S OFFICE . . . . . . . . . . . . . . . . . . . . 405
E16 SECTION 10 STATE TREASURER'S OFFICE . . . . . . . . . . . . . . . . . . . . . . 406
E20 SECTION 11 ATTORNEY GENERAL'S OFFICE . . . . . . . . . . . . . . . . . . . . . . 406
E21 SECTION 12 PROSECUTION COORDINATION COMMISSION . . . . . . . . . . . . . . . . . 408
E23 SECTION 14 COMMISSION ON INDIGENT DEFENSE . . . . . . . . . . . . . . . . . . . 408
E24 SECTION 15 ADJUTANT GENERAL'S OFFICE . . . . . . . . . . . . . . . . . . . . . . 411
E28 SECTION 16 ELECTION COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . 412
F05 SECTION 17A B&C BOARD, DIV. OF THE EXECUTIVE DIRECTOR . . . . . . . . . . . . . 413
F07 SECTION 17B B&C BOARD, DIVISION OF OPERATIONS . . . . . . . . . . . . . . . . . . 414
F09 SECTION 17C B&C BOARD, DIVISION OF BUDGET AND ANALYSES . . . . . . . . . . . . . 415
F27 SECTION 17D B&C BOARD, STATE AUDITOR'S OFFICE . . . . . . . . . . . . . . . . . . 420
F29 SECTION 17E B&C BOARD, RETIREMENT DIVISION . . . . . . . . . . . . . . . . . . . 421
F30 SECTION 17F B&C BOARD, EMPLOYEE BENEFITS . . . . . . . . . . . . . . . . . . . . 421
F31 SECTION 17G B&C BOARD, CAPITAL RESERVE FUND . . . . . . . . . . . . . . . . . . 422
H03 SECTION 18A COMMISSION ON HIGHER EDUCATION . . . . . . . . . . . . . . . . . . . 422
H06 SECTION 18B HIGHER EDUCATION TUITION GRANTS . . . . . . . . . . . . . . . . . . . 428
H09 SECTION 18C THE CITADEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428
H45 SECTION 18K UNIVERSITY OF SOUTH CAROLINA . . . . . . . . . . . . . . . . . . . . 428
H54 SECTION 18M MEDICAL UNIVERSITY OF S.C. . . . . . . . . . . . . . . . . . . . . . 428
H59 SECTION 18N TECHNICAL & COMPREHENSIVE EDUCATION . . . . . . . . . . . . . . . . . 429
H63 SECTION 19 DEPARTMENT OF EDUCATION . . . . . . . . . . . . . . . . . . . . . . . 430
H63 SECTION 19A DEPARTMENT OF EDUCATION, EIA . . . . . . . . . . . . . . . . . . . . 436
H67 SECTION 20 EDUCATIONAL TELEVISION COMMISSION . . . . . . . . . . . . . . . . . . 442
H71 SECTION 21 WIL LOU GRAY OPPORTUNITY SCHOOL . . . . . . . . . . . . . . . . . . . 443
H73 SECTION 22 VOCATIONAL REHABILITATION . . . . . . . . . . . . . . . . . . . . . . 443
H75 SECTION 23 SCHOOL FOR THE DEAF AND THE BLIND . . . . . . . . . . . . . . . . . . 444
H79 SECTION 24 DEPARTMENT OF ARCHIVES & HISTORY . . . . . . . . . . . . . . . . . . 445
H83 SECTION 25 CONFEDERATE RELIC ROOM & MUSEUM . . . . . . . . . . . . . . . . . . . 447
H87 SECTION 26 STATE LIBRARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
H91 SECTION 27 ARTS COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . 448
H95 SECTION 28 STATE MUSEUM COMMISSION . . . . . . . . . . . . . . . . . . . . . . . 448
J02 SECTION 29 DEPARTMENT OF HEALTH & HUMAN SERVICES . . . . . . . . . . . . . . . . 449
INDEX BY AGENCY AND SECTION NUMBER
AGY SECTION AGENCY NAME PAGE
J04 SECTION 30 DEPT. OF HEALTH & ENVIRONMENTAL CONTROL . . . . . . . . . . . . . . 451
J12 SECTION 31 DEPARTMENT OF MENTAL HEALTH . . . . . . . . . . . . . . . . . . . . . 459
J16 SECTION 32 DEPT. OF DISABILITIES AND SPECIAL NEEDS . . . . . . . . . . . . . . 461
J20 SECTION 33 DEPT. OF ALCOHOL & OTHER DRUG ABUSE SERVICE . . . . . . . . . . . . 461
K05 SECTION 34 DEPARTMENT OF PUBLIC SAFETY . . . . . . . . . . . . . . . . . . . . . 462
L04 SECTION 35 DEPARTMENT OF SOCIAL SERVICES . . . . . . . . . . . . . . . . . . . . 462
L12 SECTION 36 JOHN DE LA HOWE SCHOOL . . . . . . . . . . . . . . . . . . . . . . . 466
L24 SECTION 37 COMMISSION FOR THE BLIND . . . . . . . . . . . . . . . . . . . . . . 466
L32 SECTION 38 HOUSING, FINANCE & DEVELOPMENT AUTHORITY . . . . . . . . . . . . . . 466
L36 SECTION 39 HUMAN AFFAIRS COMMISSION . . . . . . . . . . . . . . . . . . . . . . 466
L46 SECTION 40 COMMISSION ON MINORITY AFFAIRS . . . . . . . . . . . . . . . . . . . 467
N04 SECTION 41 DEPARTMENT OF CORRECTIONS . . . . . . . . . . . . . . . . . . . . . . 467
N08 SECTION 42 DEPARTMENT OF PROBATION, PAROLE & PARDON . . . . . . . . . . . . . . 468
N12 SECTION 43 DEPARTMENT OF JUVENILE JUSTICE . . . . . . . . . . . . . . . . . . . 469
P12 SECTION 44 FORESTRY COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . 469
P16 SECTION 45 DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . . . . . . . . 470
P20 SECTION 46 CLEMSON UNIVERSITY - PSA . . . . . . . . . . . . . . . . . . . . . . 470
P24 SECTION 47 DEPARTMENT OF NATURAL RESOURCES . . . . . . . . . . . . . . . . . . . 471
P26 SECTION 48 SEA GRANT CONSORTIUM . . . . . . . . . . . . . . . . . . . . . . . . 472
P28 SECTION 49 DEPARTMENT OF PARKS, RECREATION & TOURISM . . . . . . . . . . . . . . 472
P32 SECTION 50 DEPARTMENT OF COMMERCE . . . . . . . . . . . . . . . . . . . . . . . 473
R04 SECTION 54 PUBLIC SERVICE COMMISSION . . . . . . . . . . . . . . . . . . . . . . 475
R08 SECTION 55 WORKERS' COMPENSATION COMMISSION . . . . . . . . . . . . . . . . . . 475
R12 SECTION 56 STATE ACCIDENT FUND . . . . . . . . . . . . . . . . . . . . . . . . . 476
R20 SECTION 59 DEPARTMENT OF INSURANCE . . . . . . . . . . . . . . . . . . . . . . . 476
R23 SECTION 60 STATE BOARD OF FINANCIAL INSTITUTIONS . . . . . . . . . . . . . . . . 477
R28 SECTION 61 DEPARTMENT OF CONSUMER AFFAIRS . . . . . . . . . . . . . . . . . . . 477
R36 SECTION 62 DEPT. OF LABOR, LICENSING & REGULATIONS . . . . . . . . . . . . . . . 477
R44 SECTION 63 DEPARTMENT OF REVENUE AND TAXATION . . . . . . . . . . . . . . . . . 478
R60 SECTION 65 EMPLOYMENT SECURITY COMMISSION . . . . . . . . . . . . . . . . . . . 479
X12 SECTION 68A AID TO SUBDIVISIONS-COMPTROLLER GENERAL . . . . . . . . . . . . . . . 479
X50 SECTION 69 DEPARTMENT OF TRANSPORTATION . . . . . . . . . . . . . . . . . . . . 480
X90 SECTION 72 GENERAL AND TEMPORARY . . . . . . . . . . . . . . . . . . . . . . . . 482
SECTION 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501