C. STATE PARKS -
RDS & DRIVES:
PERSONAL SERVICE:
CLASSIFIED POSITIONS 26,054
(1.31)
--------- ------------
TOTAL PERSONAL SERVICE $ 26,054
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 1,365
SUPPLIES AND MATERIALS 7,170
TRAVEL 185
TRANSPORTATION 110
--------- ------------
TOTAL OTHER OPERATING
EXPENSES $ 8,830
PERMANENT IMPROVEMENTS:
HIGHWAY AND ROAD
IMPROVEMENTS 158,344
--------- ------------
TOTAL PERMANENT IMPROVEMENTS $ 158,344
--------- ------------
TOTAL STATE PARKS - RDS & DRS $ 193,228
=========== ===========
E. HIGHWAY BEAUTIFICATION:
PERSONAL SERVICE:
CLASSIFIED POSITIONS 24,230
(1.37)
--------- ------------
TOTAL PERSONAL SERVICE $ 24,230
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 167,908
SUPPLIES AND MATERIALS 1,750
TRAVEL 250
--------- ------------
TOTAL OTHER OPERATING
EXPENSES $ 169,908
PERMANENT IMPROVEMENTS:
HIGHWAY AND ROAD
IMPROVEMENTS 500
--------- ------------
TOTAL PERMANENT IMPROVEMENTS $ 500
--------- ------------
TOTAL HIGHWAY BEAUTIFICATION $ 194,638
=========== ===========
F. HIGHWAY CONSTRUCTION:
PERSONAL SERVICE:
CLASSIFIED POSITIONS 17,944,590
(1026.54)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 262,415
OVERTIME AND SHIFT
DIFFERENTIAL 303,610
--------- ------------
TOTAL PERSONAL SERVICE $ 18,510,615
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 11,947,243
SUPPLIES AND MATERIALS 3,410,333
FIXED CHARGES AND
CONTRIBUTIONS 36,800
TRAVEL 152,860
EQUIPMENT 182,622
CLAIMS AND AWARDS 500
LIGHT/POWER/HEAT 3,950
TRANSPORTATION 2,375
--------- ------------
TOTAL OTHER OPERATING
EXPENSES $ 15,736,683
PERMANENT IMPROVEMENTS:
RIGHT-OF-WAY AND LAND
ACQUISITION 15,000,000
HIGHWAY AND ROAD
IMPROVEMENTS 189,899,833
--------- ------------
TOTAL PERMANENT
IMPROVEMENTS $ 204,899,833
--------- ------------
TOTAL HIGHWAY
CONSTRUCTION $ 239,147,131
=========== ===========
TOTAL HIGHWAY ENGINEERING $ 245,649,654
=========== ===========
III. HIGHWAY MAINTENANCE:
PERSONAL SERVICE:
CLASSIFIED POSITIONS 40,716,196
(3263.50)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 146,925
OVERTIME AND SHIFT
DIFFERENTIAL 372,390
--------- ------------
TOTAL PERSONAL SERVICE $ 41,235,511
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 22,475,558
SUPPLIES AND MATERIALS 27,102,897
FIXED CHARGES AND
CONTRIBUTIONS 55,670
TRAVEL 11,000
EQUIPMENT 9,488,212
LIGHT/POWER/HEAT 1,060,000
TRANSPORTATION 5,362,682
--------- ------------
TOTAL OTHER OPERATING
EXPENSES $ 65,556,019
PERMANENT IMPROVEMENTS:
RIGHT-OF-WAY AND LAND
ACQUISITION 1,000
HIGHWAY AND ROAD
IMPROVEMENTS 4,100
--------- ------------
TOTAL PERMANENT
IMPROVEMENTS $ 5,100
--------- ------------
TOTAL HIGHWAY
MAINTENANCE $ 106,796,630
=========== ===========
IV. MOTOR VEHICLE DIVISION:
PERSONAL SERVICE:
CLASSIFIED POSITIONS 11,971,400
(867.00)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 176,749
OVERTIME AND SHIFT
DIFFERENTIAL 180,100
--------- ------------
TOTAL PERSONAL SERVICE $ 12,328,249
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 2,418,386
SUPPLIES AND MATERIALS 4,798,127
FIXED CHARGES AND
CONTRIBUTIONS 72,484
EQUIPMENT 1,487,481
LIGHT/POWER/HEAT 215,000
TRANSPORTATION 39,425
--------- ------------
TOTAL OTHER OPERATING
EXPENSES $ 9,087,465
--------- ------------
TOTAL MOTOR VEHICLE
DIVISION $ 21,415,714
=========== ===========
V. LAW ENFORCEMENT DIVISION:
PERSONAL SERVICE:
CLASSIFIED POSITIONS 19,589,471
(938.50)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 9,600
OVERTIME AND SHIFT
DIFFERENTIAL 15,000
--------- ------------
TOTAL PERSONAL SERVICE $ 19,614,071
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 943,375
SUPPLIES AND MATERIALS 1,959,200
FIXED CHARGES AND
CONTRIBUTIONS 10,075
TRAVEL 163,500
EQUIPMENT 4,036,199
LIGHT/POWER/HEAT 133,000
TRANSPORTATION 2,547,114
--------- ------------
TOTAL OTHER OPERATING
EXPENSES $ 9,792,463
--------- ------------
TOTAL LAW ENFORCEMENT
DIVISION $ 29,406,534
=========== ===========
VI. PUBLIC TRANSPORTATION
DIVISION:
PERSONAL SERVICE:
CLASSIFIED POSITIONS 47,569
(2.00)
UNCLASSIFIED POSITIONS 116,918
(3.00)
NEW POSITIONS:
CLERICAL SPECIALIST B 9,609
(1.00)
TRANSPORTATION PLANNER II 16,643
(1.00)
TRANSPORTATION PLANNER IV 45,556
(2.00)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 5,568
--------- ------------
TOTAL PERSONAL SERVICE $ 241,863
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 841,316 600,000
SUPPLIES AND MATERIALS 10,750
FIXED CHARGES AND
CONTRIBUTIONS 13,000
TRAVEL 23,000
EQUIPMENT 35,466
--------- ------------
TOTAL OTHER OPERATING
EXPENSES $ 923,532 $ 600,000
SPECIAL ITEM:
INTERGOVERNMENTAL
CONTRACTUAL SERVICES 3,030,239
--------- ------------
TOTAL SPECIAL ITEMS $ 3,030,239
--------- ------------
TOTAL PUBLIC
TRANSPORTATION DIV $ 4,195,634 $ 600,000
=========== ===========
VII. EMPLOYEE BENEFITS
INCREMENTS-CLASSIFIED 1,068,733
INCREMENTS-UNCLASSIFIED 1,170
INCREMENTS-CONTINUED
1984-85 2,014,948
--------- ------------
TOTAL PERSONAL SERVICE $ 3,084,851
--------- ------------
TOTAL SALARY INCREMENTS $ 3,084,851
=========== ===========
BASE PAY INCREASE 4,116,365
--------- ------------
TOTAL PERSONAL SERVICE $ 4,116,365
--------- ------------
TOTAL BASE PAY INCREASE $ 4,116,365
=========== ===========
EMPLOYER CONTRIBUTIONS 22,969,722
--------- ------------
TOTAL FRINGE BENEFITS 22,969,722
--------- ------------
TOTAL STATE EMPLOYER
CONTRIBUTIONS $ 22,969,722
=========== ===========
TOTAL EMPLOYEE BENEFITS $ 30,170,938
=========== ===========
TOTAL HIGHWAYS & PUBLIC
TRANSPORTATION $ 470,054,304 $ 600,000
=========== ===========
TOTAL AUTHORIZED
FTE POSITIONS (6655.50)
=========== ===========
Provided, That the Department of Highways and Public
Transportation is hereby authorized to spend all cash balances
brought forward from the previous year and all income including
Federal Funds and proceeds from bond sales accruing to the
Department of Highways and Public Transportation, but in no case
shall the expenditures of the Department of Highways and Public
Transportation exceed the amount of cash balances brought forward
from the preceding year plus the amount of all income including
Federal Funds and proceeds from bond sales.
Provided, Further, That the Department is urged to comply with
Section 105(f) of the Federal Surface Transportation Assistance
Act of 1982 (STAA-1982) and the Department is hereby authorized
and directed to effectuate and assure such compliance through
contract documents and such rules and regulations as may be
necessary, seeking input from the Governor's Office (Office of
Small and minority Business Assistance) in the promulgation such
rules and regulations.
Provided, Further, That the Department of Highways and Public
Transportation with the approval of the State Treasurer, is
hereby authorized to set up with the State Treasurer such special
funds out of the Department of Highways and Public Transportation
funds as may be deemed advisable for proper accounting purposes.
Provided, Further, That the Department of Highways and Public
Transportation is hereby authorized to secure bonds and insurance
covering such activities of the Department as may be deemed
proper and advisable, due consideration being given to the
security offered and the service of claims.
Provided, Further, That the Department of Highways and Public
Transportation shall pay into the General Fund of the State the
sum of $2,867,009 as its proportionate share of the cost of
Administration of central service agencies as follows:
State Tax Commission:
Collection of Highway Revenue $ 1,692,597
Statewide Cost Allocation Plan:
Central Service Agency Recoveries 1,003,894
Other Indirect Cost Recoveries 170,518
$ 2,867,009
Provided, Further, That employees of the Department of Highways
and Public Transportation shall receive equal compensation
increases and health insurance benefits provided in this Act for
employees of the State generally.
Provided, Further, That the Department of Highways and Public
Transportation shall pay from Highway and Public Transportation
Fund revenues, that portion of the State's contribution to the
costs of retirement, social security, workers' compensation
insurance, unemployment compensation insurance, health and other
insurance, and other employer contributions provided by the State
for the Agency's employees whose salaries are funded by the
Highway and Public Transportation Fund.
Provided, Further, That the Department of Highway and Public
Transportation is hereby authorized to charge a fee of $1.00 for
postage and handling costs for every vehicle license mailed to
the owner.
Provided, Further, That the Department of Highway and Public
Transportation is hereby authorized to establish an appropriate
schedule of fees to be charged for copies of records, lists,
bidder's proposals, plans, maps, etc. based upon approximate
actual costs and handling costs of producing such copies, lists,
bidder's proposals, plans, maps, etc., which schedule shall be
effective upon approval by the Department of Highways and Public
Transportation Commission.
Provided, Further, That the Department of Highways and Public
Transportation may sell any materials supplies, or equipment
classified as obsolete surplus, or junk for which the Department
has no further need, or offer same for trade-in in the purchase
of new materials or equipment. all such sales of obsolete,
surplus or junk materials or equipment by the Department shall be
at public auction, unless the Department deems another sales
method is more advantageous, with the approval of General
Services, not less than ten days after having been advertised in
a newspaper of statewide circulation at least once. The
Department may reserve the right to reject any or all bids.
Items having a value of less than one hundred dollars may be
disposed of by sale in the most advantageous way to the
Department, and the Department may make negotiated sales of
surplus materials, equipment and supplies to county, State, and
municipal agencies on a mutually agreed upon basis. All proceeds
from the sale of such obsolete, surplus junk material, supplies,
and equipment shall be credited to the Highway and Public
Transportation Fund.
Provided, Further, That the Department of Highways and Public
Transportation is authorized to publish, in the interest of
employee relations, a periodical devoted to Department operations
and related activities. Such publication shall be for free
distribution to Department personnel and other interested
citizens. The cost of publishing and distributing such periodical
shall be paid from the Highway and Public Transportation Fund.
Such periodical shall be mailed only to those persons who request
it in writing and a record of each request shall be maintained by
the Department.
Provided, Further, That members of the Department of Highways
and Public Transportation Commission shall receive such per diem,
subsistence and mileage for each official meeting as is provided
by law for members of boards, commissions and committees.
Provided, Further, That notwithstanding the provisions of
Section 12-27-400, of the 1976 Code, that no new programming of
"C" funds may be made without the approval of ninety percent of
the members of the legislative delegation of the county in which
expenditures are to be made until the adoption of legislation
establishing procedures for the programming of "C" funds.
Provided, Further, That any changes made by the district highway
commissioner to the approved plan of "C" fund expenditures
requires the approval of ninety percent of the legislative
delegation of the county in which the changes are to be made.
Provided, Further, That a committee of six members of the
General Assembly is established to study the procedures for
programming "C" funds which shall report to the General Assembly
no later than January 15, 1986. The Speaker of the House of
Representatives shall appoint three members of the committee and
the President of the Senate shall appoint three members of the
committee.
Provided, Further, That notwithstanding the provisions of
Section 12-27-400 of the 1976 Code, "C" funds may be expended for
primary or secondary roads.
Provided, Further, That the Department Commission may transfer
funds appropriated to this Section from one line item to another
as the needs demand without permission from the Budget and
Control Board.
Provided, Further, That additional powers are conferred upon the
committee created in Section 18(A) of Act 177 of 1981, to review
the budgeting process of the Department of Highways and Public
Transportation. Based upon its review of the budgeting process,
the committee shall annually report to the General Assembly its
recommendations as to needed legislation relating to the process.
The expenses of the committee shall be paid from the approved
accounts of the House and Senate.
Provided, Further, That the Department shall include in each
mailing of vehicle registration renewal cards a Wildlife magazine
subscription form provided by the Department of Wildlife and
Marine Resources. Provided, Further, That if the Department of
Highways and Public Transportation decides to use postcards in
the mailing of vehicle registration renewal cards or reminders,
this proviso does not apply.
Provided, Further, That the Department of Highways and Public
Transportation is authorized to issue a temporary driver's
license or identification card without a laminated colored
photograph of the licensee, for a period not to exceed twelve
months. The applicant and licensee must comply with provisions of
law as set forth in Chapter 1 of Title 56 of the South Carolina
Code 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
or such time as indicated by the Department. The fee for such
temporary license or identification card shall be one dollar.
Provided, Further, That the Department of Highways and Public
Transportation shall have the authority with the approval of the
Attorney General to employ, within existing authorized positions,
necessary legal and support staff to represent the Department in
legal matters, including condemnation proceedings and other
litigation; such representation shall be under the jurisdiction
and control of the Attorney General.
Provided, Further, That the Department of Highways and Public
Transportation shall continue to collect the casual sales tax as
contained in the contractual agreement between the Tax Commission
and the Department and the State Treasurer is authorized to
reimburse the Department on a monthly basis for the actual cost
of collecting the casual sales tax and such reimbursement shall
be paid from revenues generated by the casual sales tax.
Provided, Further, That "C" Fund money authorized for stone on
county roads may be used in any county regardless of the present
10% unpaved limit.
Provided, Further, That all programs, funding and FTE positions
authorized pursuant to Section 114 (Interagency Council on Public
Transportation) of Act 512 of 1984-85 may be transferred to the
Department of Highways and Public Transportation.
Provided, Further, That the Department may consider bids from,
and may award construction contracts to persons, firms or
corporations which have not otherwise prequalified under
R-63-300, if such person, firm or corporation files with the
Department adequate contractor's bonds within contemplation of
Section 56-5-1660 of the South Carolina Code of Laws.
Provided, Further, That when the last day of a month on which a
person may obtain his annual motor vehicle license plate or
renewal sticker without penalty falls on a Saturday, Sunday or
state holiday, the person has until the end of the next working
day immediately following this Saturday, Sunday or state holiday
to obtain his license plate or renewal sticker without penalty.
Provided, Further, That from January 1, 1986, through July 1,
1986, the per gallon tax rate on sales of fuel ethanol blends
must be $.07. The South Carolina Department of Highways and
Public Transportation is hereby authorized to adjust expenditure
levels as appropriated in this section. The tax exemption as
herein provided shall not exceed 2.16 million dollars.
Provided, Further, That the Department of Highways and Public
Transportation shall, subject to the approval of a majority of
the Beaufort County Legislative Delegation, expend "C" funds
allocated to Beaufort County and other available funds for the
construction of a bicycle safety path from the Marine Corps Air
Station in Beaufort to the United States Marine Corps Housing
Development in Laurel Bay.
Provided, Further, That the Department of Highways and Public
Transportation will design and carry out a Railroad Safety
Demonstration ProJect involving the safety potential of highway
rumble warning strips and other safety devices. The Department of
Highways and Public Transportation shall expend an amount not
less the $25,000 on the installation and evaluation of rumble
strips and other devices to enhance the safety of the highway
user at railroad crossings. The test sites shall include the ten
railroad grade crossings with the worst safety record. The
Department shall solicit the support of the respective railroad
companies to assist in testing and evaluation. The Department
must institute the test in a timely manner to ensure that a
Report will be provided to the General Assembly on or before
March 1, 1986. The Report must provide the Committee with at
least preliminary findings as to the safety potential of rumble
strips and other devices tested.
Provided, Further, That of the funds provided in this Act for
the Department of Highways and Public Transportation, the
Commission shall implement a Management Study to include but not
limited to productivity and efficiency measures, cost
effectiveness programs, and such other management improvements as
may be beneficial to the operations of the Department. The
Commission shall submit a status report of this study along with
its request and justification for future funding to the chairmen
of the House Education, Senate
SECTION 127
RECAPITULATION
SEC. NO.
3A. The Senate $ 5,884,885 5,884,885
3B. House of
Representatives 8,180,340 8,180,340
3C. Special Services Both
Houses 397,676 397,676
3D. Codification of Laws
and Legislative
Council 1,737,247 1,737,247
3E. Legislative Printing
and Information 2,837,982 2,837,982
3F. Legislative Audit
Council 897,267 897,267
3G. Legislative
Information Systems 912,190 912,190
3H. State Reorganization
Commission 759,827 759,827
3I. S.C. Advisory Com.
Intergovernmental 218,255 110,755
3K. Joint Legislative Com.
K 1. Membership Research
Committee 121,139 121,139
K 2. Committee on Energy 144,625 144,625
K 3. Appropriations
Review 291,332 291,332
K 4. Committee on Health
Care Planning 113,736 113,736
K 5. Alcohol & Drug Abuse 27,838 27,838
K 6. State Bidding
Practices 12,478 12,478
K 7. Tobacco Advisory 8,426 8,426
K 8. Education Study 33,350 33,350
K 9. Textile Study 22,817 22,817
K10. State Employees
Employment 10,522 10,522
SEC NO.
K11. Handicapped 9,540 9,540
K12. Insurance Laws &
Auto Liability 81,240 81,240
K13. Workers Compensation
Study 33,067 33,067
K14. Public Trans.
Study 24,550 24,550
K15. Aging Study 57,369 57,369
K16. Consumer Affairs 9,000 9,000
K17. Agriculture Study 12,000 12,000
K18. Water Resources 2,385 2,385
K19. Catawba Indian
Commission 5,000 5,000
K20. Mental Health &
Retardation 52,083 52,083
K21. Tourism & Trade 32,245 32,245
K23. Continuing Committee
on Retirement Sys. 13,787 13,787
K24. Tax Study Com. 51,737 51,737
K25. Children's Study 404,198 404,198
K26. Crime Study 4,000 4,000
K27. Internal Security 5,000 5,000
K30. Youth Coordinating
K31. Railroad Abandonment 5,000 5,000
K32. Aquaculture 2,385 2,385
K33. Cultural Affairs 42,500 42,500
K34. Election Law Study
Committee 35,000 35,000
Total Legislative
Department $ 23,494,018 $ 23,386,518
4. Judicial Department $ 20,864,613 $ 20,864,613
Total Judicial
Department $ 20,864,613 $ 20,864,613
Executive & Administrative
Division
5. Governor's Office:
5A. Exec. Control of
State $ 1,003,211 1,003,211
5B. State Law Enforcement
Division 14,540,524 13,790,524
5C. Exec. Policy &
Programs 101,548,629 5,833,630
5D. Mansion & Grounds 222,205 222,205
6. Lt. Governor's Office 190,892 190,892
7. Sec. of State's Office 798,841 798,841
8. Comptroller General's
Office 4,583,243 4,583,243
9. State Treas. Office 2,603,309 2,603,309
10. Attorney General's
Office 9,397,445 9,397,445
11. Commission on Appellate
Defense 699,940 699,940
12. S. C. Sentencing
and Guidelines Com. 173,237 173,237
13. Adjutant General's
Office 7,978,710 3,487,374
14. S. C. State Guard 73,776 73,776
15. State Election Com. 1,310,172 1,210,172
16. Budget & Control Board:
16A. Office of Ex. Director 3,796,773 3,284,459
16B. Budget Division 3,398,548 2,958,548
16C. Research & Statistical
Services Division 2,553,284 2,072,706
16D. Information Resources
Management 23,590,162 2,635,755
16E. General Services Div. 20,012,031 4,898,187
16F. State Fire Marshal 2,003,203 1,988,203
16C. Motor Vehicle
Management Division 3,977,511 246,679
16H. Human Resources
Management Division 5,703,235 2,731,601
16I. Local Government Div. 6,115,926 6,115,926
16J. State Auditor 2,932,118 2,932,118
16K. Retirement Division 3,646,627
16L. Employee Benefits 76,782,714 76,782,714
16M. Capital Expend Fund 13,001,098 13,001,098
--------- ------------
Total Exec. & Admin.
Div. $ 312,637,364 163,715,793
SEC. NO.
Educational Division:
17. Commission on Higher
Education 3,705,613 3,705,613
18. Higher Education
Tuition Grants Com. 15,662,885 14,841,230
19. The Citadel 29,571,826 11,396,092
20. Clemson University
(Educational & Gen. 133,831,548 56,780,060
21. College of Charleston 34,269,323 16,365,815
22. Francis Marion College 13,319,498 8,906,956
23. Lander College 12,195,994 6,604,896
24. S. C. State College 31,576,320 17,668,341
25. University of S.C.:
25A. USC-Columbia Campus 201,827,834 94,603,186
25B. USC-Medical School 14,951,584 12,164,754
25C. USC-Aiken Campus 7,729,480 4,816,720
25D. USC-Coastal Carolina
Campus 10,319,719 6,289,185
25E. USC-Spartanburg Campus 10,577,094 6,054,938
25F. USC-Beaufort Campus 1,612,576 960,156
25G. USC-Lancaster Campus 2,863,072 1,640,858
25H. USC-Salkehatchie
Campus 1,778,153 1,072,720
25I. USC-Sumter Campus 3,573,870 2,256,787
25J. USC-Union Campus 1,085,395 603,983
26. Winthrop College 34,762,197 15,641,598
27. Med. Univ. of S.C.:
27A. Med. Univ. of S.C. 97,407,494 65,469,494
27B. Med. Univ. of S.C.
Hospital 93,844,872 10,094,872
27C. S.C. Consortium of
Community Teaching
Hospitals 13,720,351 13,270,351
27D. Charleston Higher
Education Consortium 502,945 202,945
28. Advisory Council
Vocational & Technical
Education 174,094 39,231
29. State Bd. for Tech. &
Comprehensive Educ. 140,583,603 79,716,154
SEC. NO.
30. State Education
Dept. 1,301,979,807 910,965,021
31. Educational Television
Commission 20,143,383 15,299,017
32. Wil Lou Gray
Opportunity School 2,793,193 2,273,157
33. Vocational
Rehabilitation 49,213,667 13,488,853
34. School for the Deaf
& Blind 9,831,673 8,724,604
35. Dept. of Archives
& History 3,835,103 3,240,676
36. Confederate Relic Room 185,664 185,664
37. S. C. State Library 6,028,440 4,873,103
38. S.C. Arts Commission 3,109,092 2,294,939
39. State Museum Com. 1,123,343 1,011,704
--------- ------------
Total Educ. Div. $ 2,309,690,705 1,413,523,673
Health Division:
40. St. Health & Human
Services Com. $ 506,160,474 91,633,652
41. Dept. of Health &
Environmental
Control 187,108,308 70,205,764
42. Dept. of Mental
Health 144,403,067 107,832,472
43. Dept. of Mental
Retardation 112,400,875 61,097,853
44. S.C. Com. on Alcohol
& Drug Abuse 8,952,932 6,072,595
Total Health Div. $ 959,025,656 336,842,336
Social Rehabilitation
Services Div.
45. Dept. of Social
Services $ 462,259,488 85,467,846
46. John de la Howe
School 2,359,167 2,055,724
48. Children's Bureau 1,165,175 1,099,325
49. Com. for the Blind 5,235,708 2,758,221
50. Commission on Aging 11,847,545 1,534,026
51. State Housing Auth. 15,724,154 443,033
SEC. NO.
52. S.C. Com. on Human
Affairs 1,567,624 1,267,624
53. Dept. of Veterans
Affairs 1,104,982 1,104,982
54. Com. on Women 64,942 64,142
--------- ------------
Total Social Rehab.
Services Division $ 501,328,785 95,794,923
Correctional Division:
55. Dept. of Corrections $ 111,000,312 95,537,053
56. Paroles & Community
Corrections 12,758,356 12,176,891
57. Dept. of Youth Svs. 26,889,292 24,227,990
58. Law Enforcement
Training Council 3,727,530
59. Law Officers Hall of
Fame Committee 175,231
--------- ------------
Total Correctional
Division $ 154,550,721 131,941,934
Conservation, Natural
Resources & Development
Division:
60. Water Resources Com. 3,176,797 2,399,998
61. State Land Resources
Conservation Com. 2,589,241 2,438,274
62. State Forestry Com. 15,650,652 13,294,957
63. Dept. of Agriculture 9,127,652 5,434,498
64. Family Farm
Development Authority 422,652 228,242
65. Clemson Univ. - Public
Service Activities 53,209,553 32,686,261
66. Migratory Waterfowl Com. 32,100 32,100
67. Wildlife & Marine
Resources Department 29,418,914 16,048,963
68. Coastal Council 1,703,017 1,003,017
69. Sea Grant Consortium 1,612,053 434,553
70. Dept. of Parks,
Recreation & Tourism 21,992,092 9,435,092
71. State Development
Board 5,243,281 5,108,271
SEC. NO.
72. Jobs-Economic
Development Authority 5,130,118 226,272
73. Patriots Point
Development Authority 2,100,623 350,633
75. Clarks Hill-Russell
Authority of S.C. 761,434 761,434
76. Old Exchange Building
Commission 271,944 91,675
Total Conservation,
Nat. Res. &
Dev. Div. $ 152,442,123 89,974,240
Regulatory Division:
77. Public Service Com. $ 5,559,874 5,165,895
78. Industrial Commission 3,367,127 3,326,127
79. St. Workers' Comp. Fund 1,528,170 110,000
80. Second Injury Fund 409,007
81. Dept. of Insurance 4,306,463 4,306,463
82. Financial Institutions
Board:
82A. Administration Div. 19,545 19,545
82B. Bank Examining Div. 995,680 995,680
82C. Consumer Finance Div. 334,570 334,570
83. Dept. of Consumer
Affairs 1,456,484 1,453,984
84. State Dairy Commission 195,422 195,422
85. Dept. of Labor 4,305,100 2,802,351
86. State Tax Commission 22,979,095 22,559,095
87. Alcoholic Bev.
Control Com. 2,887,152 2,820,152
88. State Ethics Com. 156,986 156,986
89. Employment Security
Commission 45,432,181 140,104
90. Board of Accountancy 252,868 252,868
91. Bd. of Architect.
Examiners 172,507 172,507
92. Auctioneers' Com. 105,608 105,608
93. Bd. of Barber Examiners 137,772 137,772
94. State Boxing Com. 20,176 20,486
95. Cemetery Board 17,485 17,485
96. Bd. of Chiropractic
Examiners 53,005 53,005
SEC. NO.
97. Contractors Licensing
Board 256,935 256,935
98. Board of Cosmetology 355,638 355,638
99. Board of Dentistry 144,842 144,842
100. Bd. of Eng. & Land
Surveyors 246,077 246,077
101. Bd. of Certification of
of Environmental
System Operators 148,064 148,064
102. Bd. of Registration
of Foresters 6,238 6,238
103. Bd. of Funeral Serv. 60,174 60,174
104. Bd. of Med. Examiners 574,381 574,381
105. Bd. of Nursing 523,412 523,412
106. Bd. of Examiners for
Nursing Home
Administrators 51,477 51,477
107. Bd. of Occupational
Therapy 2,378 2,378
108. Bd. of Exam. in
Opticianry 14,061 14,061
109. Bd. of Exam. in
Optometry 31,746 31,746
110. The Board of Pharmacy 169,287 169,287
111. Bd. of Physical
Therapy Exam. 23,381 23,381
112. Bd. of Podiatry
Examiners 1,044 1,044
113. Bd. of Exam. in
Psychology 12,454 12,454
114. Real Estate Com. 1,046,748 1,046,748
115. Resid. Home Builders
Commission 380,239 380,239
116. Bd. of Exam. for
Registered Environ.
Sanitarians 7,236 7,236
117. St. Bd. of Social
Work Exam 4,930 4,930
118. Bd. of Exam. For
Speech Pathology &
Audiology 12,715 12,715
119. Bd. of Vet. Med. Exam. 21,946 21,946
--------- ------------
Total Regulatory
Div. $ 98,787,680 49,241,198
Transportation Division:
120. Aeronautics Com. $ 2,663,341 2,432,325
121. DH&PT-Interagency
Council on
Public Trans. 784,409 693,506
--------- ------------
Total Trans. Div. $ 3,447,750 3,125,831
122. Debt Service $ 109,378,483 109,378,483
--------- ------------
Total Debt Service $ 109,378,483 109,378,483
Miscellaneous Division:
123. Miscellaneous $ 395,000 395,000
125. Aid to Subdivisions 161,389,643 161,389,643
--------- ------------
Total Misc. Div. $ 161,784,643 161,784,643
Highway Department:
126. Dept. of Highways &
Public Trans. $ 470,054,304 600,000
--------- ------------
Total High. Depart. $ 470,054,304 600,000
--------- ------------
GRAND TOTAL $ 5,277,486,845 2,600,174,185
=========== ===========
Source of Funds:
Appropriated Gen.
Funds $ 2,600,174,185
Federal Funds 1,471,805,086
Other Funds 1,205,507,574
--------- ------------
Total $ 5,277,486,845
SECTION 128
ESTIMATE OF GENERAL, SCHOOL, HIGHWAY,
AND EDUCATION IMPROVEMENT ACT REVENUE
Fiscal Year 1985-86
Estimate
FY 1985-86
June 14, 1985
Regular Sources:
Retail Sales Tax $ 906,007,000
Income Tax:
Individual 1,006,150,000
Corporation 193,315,000
Total Income and Sales $2,105,472,000
All Other Revenue:
Admissions Tax 6,900,000
Aircraft Tax 500,000
Alcoholic Liquor Tax 46,634,000
Bank Tax 8,000,000
Beer & Wine Tax 61,780,000
Business License Tax 30,500,000
Cable Television Fees 7,000
Coin-Operated Device Tax 6,900,000
Commercial Nuclear Waste Tax 4,940,000
Contractors License Tax 825,000
Corporation License Tax 27,500,000
Department of Agriculture 5,457,860
Dept Supported Appropriations 8,998,445
Documentary Tax 14,400,000
Earned on Investments 63,100,000
Electric Power Tax 14,100,000
Estate Tax 21,100,000
Fertilizer Inspection Tax 225,000
Gasoline Tax - Counties 16,700,000
Gift Tax 1,500,000
Insurance Tax 60,957,250
Miscellaneous Departmental Revenue 15,984,194
Motor Transport Fees 4,624,537
Private Car Lines Tax 1,200,000
Public Service Assessment 3,359,837
Public Service Authority 1,850,000
Retailers License Tax 1,500,000
Estimate
FY 1985-86
June 14, 1985
Savings & Loan Association Tax 500,000
Soft Drinks Tax 16,200,000
Workers' Compensation Insurance Tax 7,871,000
Total All Other Revenue $ 454,114, 123
Total Regular Sources $ 2,559,586,123
Miscellaneous Sources:
Circuit & Family Court Fines $ 1,676,000
Debt Service Transfers $ 15,641,611
Housing Authority Reimbursement 370,393
Indirect Cost Recoveries 15,487,349
Mental Health Fees 3,800,000
Parole & Probation Supervision Fees 2,760,000
Unclaimed Property Fund Transfer 500,000
Waste Treatment Loan Repayment 400,000
Total Regular & Miscellaneous Revenue $ 2,600,221,476
Less:
Reserve Fund Transfers
Annual Appropriation Limitation
One Percent Reserve/Capital Fund
Total All Sources of Revenue $ 2,600,221,476
Total Highway Revenue 286,605,000
Education Improvement Fund:
1% Retail Sales Tax 224,932,750
Earned on Investments 1,170,000
Earned on Investments 2,629,229
Total Education Improvement Fund 228,732,229
Total General, School, Highway
and E.I.A. Revenue $ 3,115,558,705
SECTION 129. The expenditure of money appropriated in this Act
shall be by warrant requisitions directed to the Comptroller
General. Upon receipt of the requisition, accompanied by
invoices or other satisfactory evidence of the propriety of the
payment, and itemized according to standard budget
classifications, the Comptroller General shall issue his warrant
on the State Treasurer to the payee designated in the
requisition. Provided, However, That upon approval and
designation by the State Budget and Control Board, state
institutions may requisition funds in favor of their own
treasurer, itemized only to the extent of the purpose of the
appropriation as expressed in this Act, and may deposit such
funds in the name of the institution, in such bank or banking
institutions as shall be designated by the State Treasurer, and
disburse same by check to meet the purposes of the appropriation,
but strict account shall be kept of all such expenditures
according to standard budget classifications. All money shall be
drawn only when actually owing and due. Provided, Further, That
the Comptroller General shall establish rules and regulations for
the uniform reimbursement, remittance and transfers of funds to
the General Fund of the State required by law.
SECTION 130. During the Fiscal Year 1985-86, student fees at the
State institutions of higher learning shall be fixed by the
respective Boards of Trustees as follows:
(1) Fees applicable to student housing, dining halls, student
health service, parking facility, laundries and all other
personal subsistence expenses shall be sufficient to fully cover
the total direct operating and capital expenses of providing such
facilities and services over their expected useful life.
(2) Student Activity Fees may be fixed at such rates as the
respective Boards shall deem reasonable and necessary.
SECTION 131. The University of South Carolina, Clemson
University, the Medical University of S.C. (including the Medical
University Hospital), The Citadel, Winthrop College, S.C. State
College, Francis Marion College, College of Charleston, Lander
College and the Wil Lou Gray Opportunity School shall remit all
revenues and income, collected at the respective institutions, to
the State Treasurer according to the terms of Section 1 of this
Act, but all such revenues or income so collected, except fees
received as regular term tuition, matriculation, and
registration, shall be carried in a special continuing account by
the State Treasurer, to the credit of the respective
institutions, and may be requisitioned by said institutions, in
the manner prescribed in Section 129 of this Act, and expended to
fulfill the purpose for which such fees or income were levied,
but no part of such income shall be used for permanent
improvements without the express written approval of the State
Budget and Control Board and the Joint Legislative Capital Bond
Review Committee; and it is further required that no such fee or
income shall be charged in excess of the amount that is necessary
to supply the service, or fulfill the purpose for which such fee
or income was charged. Provided, Further, That notwithstanding
other provisions of this act, funds at State Institutions of
Higher Learning derived wholly from athletic or other student
contests, from the activities of student organizations, and from
the operations of canteens and bookstores, and from approved
Private Practice plans may be retained at the institution and
expended by the respective institutions only in accord with
policies established by the institution's Board of Trustees.
Such funds shall be audited annually by the State but the
provisions of this Act concerning unclassified personnel
compensation, travel, equipment purchases and other purchasing
regulations shall not apply to the use of these funds.
SECTION 132. That if necessary the board of trustees of State
institutions of higher learning may limit the admission of
students upon the basis of scholarship standing.
Provided, Further, That no State scholarships shall be granted
by State institutions of higher learning, namely: The University
of South Carolina, Clemson University, The Citadel, Winthrop
College, S.C. State College, Francis Marion College, the College
of Charleston and Lander College.
Provided, Further, That this section does not apply to funds
allocated to the institutions for the purpose of implementing the
South Carolina Plan for Equity and Equal Opportunity in the
Public Colleges and Universities.
SECTION 133. The Boards of Trustees of the University of South
Carolina, Clemson University, The Citadel, Winthrop College, S.
C. State College, Francis Marion College, the College of
Charleston, and Lander College, are hereby authorized to abate
the tuition fee charged at these institutions to the extent of
Fifty ($50.00) Dollars to the winner of the American Legion High
School Oratorical Contest and to the Governor of Boy's State and
to the highest ranking student in the State in the annual
National Science Talent Search and to the Governor of Girls'
State; and said abatements to be for four (4) years in each
instance. As to the winner of the American Legion High School
Oratorical Contest and the Governor of Boys' State, the abatement
shall be granted only when the American Legion, Department of
South Carolina, shall have contributed a like amount per year.
The abatement of tuition herein provided is for the purpose of
furnishing a scholarship of One Hundred ($100.00) Dollars per
year to the winners of the above contests, the State of South
Carolina and the American Legion, Department of South Carolina,
co-operating on an equal basis in providing these scholarships.
SECTION 134. Notwithstanding any other provisions of this Act,
funds at Technical Education Colleges derived wholly from the
activities of student organizations and from the operations of
canteens and bookstores may be retained by the college and
expended only in accord with policies established by the
respective college's Area Commission and approved by the State
Board for Technical and Comprehensive Education.
SECTION 135. As far as practicable all departments,
institutions, and agencies of the State are hereby directed to
budget and allocate the appropriations herein made to them as
quarterly allocations so as to provide for operation on uniform
standards throughout the fiscal year and in order to avoid a
deficiency in such appropriations. It should be recognized that
academic year calendars of state institutions will affect the
uniformity of the receipt and distribution of funds during the
years. The Budget and Control Board is authorized to require any
agency, institutions or department to file a quarterly
allocations plan and is further authorized to restrict the rate
of expenditures of the agency, institution or department if the
Board determines that a deficit may occur.
Provided, Further, That the bonds of State officials violating
the terms of this section shall be held liable therefor, unless
the Budget and Control Board has been advised of, and officially
recognizes the necessity for such deficit.
SECTION 136. All Federal Funds received shall be deposited in
the State Treasury, if not in conflict with Federal regulations,
and withdrawn therefrom as needed, in the same manner as that
provided for the disbursement of state funds. If it shall be
determined that federal funds are not available for, or cannot be
appropriately used in connection with, all or any part of any
activity or program for which state funds are specifically
appropriated in this Act to match Federal funds, the appropriated
funds may not be expended and shall be returned to the General
Fund, except upon specific written approval of the Budget and
Control Board after review by the Joint Appropriations Review
Committee.
Provided, Further, That donations or contributions from sources
other than the Federal Government, for use by any state agency,
shall be deposited in the State Treasury, but in special
accounts, and shall be withdrawn from the treasury as needed to
fulfil the purposes and conditions of the said donations or
contributions, if specified, and, if not specified, as may be
directed by the proper authorities of the department. Provided
Further That the expenditure of funds by agencies of the State
Government from sources other than General Fund appropriations
shall be subject to the same limitations and provisions of law
applicable to the expenditure of appropriated funds with respect
to salaries, wages or other compensation travel expense, and
other allowance or benefits for employees.
SECTION 137. Provided, Further, That except a otherwise provided
in this Act, all appropriation for compensation of State
Employees shall be paid in twice-monthly installments to the
person holding such position. In order to provide a regular an
permanent schedule for payment of employees, it is hereby
established that the payroll period shall begin on June 2, 1985,
with the first pay period ending on June 16, 1985. The payroll
period shall continue thereafter on a twice-monthly schedule as
established by the Budget and Control Board. It is the intent of
the General Assembly that this schedule, thus established, will
continue from one fiscal year to another without interruption, on
a twice monthly basis. The Budget and Control Board is authorized
to approve any changes to this schedule where circumstances are
deemed justifiable.
Provided, Further, That the appropriated salaries for specified
positions shall mean the maximum compensation for such position,
except as specifically provided in other provisions of this act,
and in any case where the head of any department can secure the
services for a particular position or work at a lower rate than
the salary specified in this Act, authority for so doing is
hereby given.
Provided, Further, That no employee of any state department or
institution shall be paid any compensation from any other
department of the state government except with the approval of
the State Budget and Control Board, and no employee of any
department or institution shall be paid travel expenses by any
other department or institution without approval of the agency by
which he is regularly employed.
Provided, Further, That the Comptroller General shall report,
after June thirtieth of each year, to the House Ways and Means
Committee and the Senate Finance Committee the names of all
employees receiving dual compensation and the amounts received.
Provided, Further, That the provisions of Regulation 19-707.02
and Section 8-5-10 of the 1976 Code, as amended, shall not apply
to employees hired for 120 days or less.
SECTION 138. That salaries paid to officers and employees of the
State, including its several boards, commissions, and
institutions shall be in full for all services rendered, and no
perquisites of office or of employment shall be allowed in
addition thereto, but such perquisites, commodities, services or
other benefits shall be charged for at the prevailing local value
and without the purpose or effect of increasing the compensation
of said officer or employee.
Provided, Further, That the charge for these items may be
payroll deducted at the discretion of the Comptroller General or
the chief financial officer at each agency maintaining its own
payroll system. Provided, However, That this shall not apply to
the Governor's Mansion, nor to guards at any of the State's penal
institutions and nurses and attendants at the Department of
Mental Health, and the Department of Mental Retardation, nor to
the Superintendent and staff of John de la Howe School, nor to
the cottage parents and staff of Wil Lou Gray Opportunity School,
nor to the Directors of John G. Richards Campus, Willow Lane
Campus, and the Reception and Evaluation Center at the Department
of Youth Services. Provided, Further, That the Presidents of
those State institutions of higher learning authorized to provide
on-campus residential facilities for students may be permitted to
occupy residences on the grounds of such institutions without
charge.
Provided, Further, That any state institution of higher learning
may provide a housing allowance to the President in lieu of a
residential facility, the amount to be approved by the Budget and
Control Board.
Provided, Further, That the following may be permitted to occupy
residences owned by the respective Departments without charge:
the Commissioner of the Department of Corrections, the Farm
Director, Farm Managers, and Specialists employed at the Wateree
River Correctional Institution, Walden Correctional Institution,
MacDougall Youth Correctional Center, and Givens Youth
Correctional Center; the S.C. State Commission of Forestry fire
tower operators, forestry aides, and caretaker at central
headquarters; the S.C. Wildlife and Marine Resources Department's
Game Management Personnel, Fish Hatchery Superintendents, Lake
Superintendent, and Fort Johnson Superintendent; the Department
of Parks, Recreation and Tourism field personnel in the State
Parks Division; the Agricultural Aide at the Department of Youth
Services Farm; Director of Wil Lou Gray Opportunity School;
President of the School for the Deaf and Blind; and house parents
for the Commission for the Blind; Director of the Physical Plant
at Winthrop College and Farm Superintendent at Winthrop College;
the Department of Mental Retardation physicians and other
professionals at Whitten Center. Except in the case of elected
officials, the fair market rental value of any residence
furnished to a State Employee shall be reported by the State
Agency furnishing the residence to the State Auditor and the
Joint Legislative Committee on Personal Service Financing and
Budgeting by October 1, of each fiscal year.
Provided, Further, That all salaries paid by departments and
institutions shall be in accord with a uniform classification and
compensation plan, approved by the Budget and Control Board,
applicable to all personnel of the State Government whose
compensation is not specifically fixed in this act. Such plan
shall include all employees regardless of the source of funds
from which payment for personal service is drawn. Provided,
However, That academic personnel of the institutions of higher
learning and other individual or group of positions that cannot
practically be covered by the plan may be excluded therefrom but
their compensations shall, nevertheless, be subject to approval
by the Budget and Control Board. Provided, Further, That salary
appropriations for employees fixed in this Act shall be in full
for all services rendered, and no supplements from other sources
shall be permitted or approved by the State Budget and Control
Board. Provided, Further, That with the exception of travel and
subsistence, legislative study committees shall not compensate
any person who is otherwise employed as a full-time state
employee. Provided, Further, That salaries of the heads of all
agencies of the State Government shall be specifically fixed in
this Act and no salary shall be paid any agency head whose salary
is not so fixed. Provided, Further, That the source of
compensation for any position in the State Government shall not
be changed without approval of the Budget and Control Board.
SECTION 139. Provided, That each organization receiving a
contribution in this act shall render to the Budget and Control
Board by November 1 of the fiscal year in which funds are
received, an 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 organization's most recent operating financial statement.
Provided, Further, That the funds appropriated in this Act for
contributions shall not be expended until the required financial
statements are filed with the Budget and Control Board. Provided,
Further, That n funds in this Act shall be disbursed to
organizations or purposes which practice discrimination against
persons by virtue of race creed, color or national origin.
Provided, Further That the State Auditor shall review and audit,
necessary, the financial structure and activities of each
organization receiving contributions this Act and make a report
to the General Assembly of such review and/or audit, when
requested to do so by the Budget and Control Board.
SECTION 140. Travel and subsistence expenses whether paid from
State appropriated, Federal local or other funds, shall be
allowed in accordance with the following provisions:
A. Unless otherwise provided in paragraphs E through H of this
section, all employees of the State of South Carolina or any
agency thereof including employees and members of the governing
bodies of each technical education center while traveling on the
business of the State shall, upon presentation of a paid receipt,
be allowed reimbursement for actual expenses incurred for
lodging. The employee shall also be reimbursed for the actual
expenses incurred in the obtaining of meals except that such
costs shall not exceed $1 per day, except in urban areas outside
of South Carolina with populations in excess of 250,000 in which
case the maximum daily reimbursement for meals shall not exceed
$30. It shall be the responsibility of the agency head to monitor
the charges for lodging which might be claimed by his employees
in order to determine that such charge are reasonable, taking
into consideration location purpose of travel or other
extenuating circumstances. The provisions of this item shall not
apply to Section 42-3-40 of the 1976 Code.
B. That employees of the State, when traveling outside the
United States, Canada, and Puerto Rico upon promotional business
for the State of South Carolina shall be entitled to actual
expenses for both food and lodging.
C. The Governor, Lieutenant Governor, Secretary of State,
Comptroller General, Attorney General, State Treasurer, Adjutant
General, Superintendent of Education and the Commissioner of
Agriculture shall be reimbursed actual expenses for subsistence.
D. Non-legislative members of committees appointed pursuant to
Acts and Resolutions of the General Assembly whose membership
consists solely of members of the General Assembly or members of
the General Assembly and other personnel who are not employees of
the State of South Carolina shall be allowed subsistence expenses
of $35 per day; while traveling on official business. Members of
such committees may opt to receive actual expenses incurred for
lodging and actual expenses incurred in the obtaining of meals in
lieu of the allowable subsistence expense.
E. Members of the State Boards, Commissions, or Committees whose
duties are not full-time and who are paid on a per diem basis,
shall be allowed reimbursement for actual expenses incurred at
the rates provided in Paragraph A and I of this Section while
away from their places of residence on official business of the
State. One person accompanying a handicapped member of a State
Board, Commission, or Committee on official business of the State
shall be allowed the same reimbursement for actual expenses
incurred at the rates provided in Paragraph A through I of this
Section.
F. No subsistence reimbursement shall be allowed to a Justice of
the Supreme Court or Judge of the Court of Appeals while
traveling in the county of his official residence. When traveling
on official business of said court within 40 miles outside the
county of his official residence, a Supreme Court Justice and a
Judge of the Court of Appeals shall be allowed subsistence
expenses in the amount of $35 per day plus such mileage allowance
for travel as is provided for other employees of the State. When
traveling on official business of said Court 40 or more miles
outside the county of his official residence, each Justice and
Judge of the Court of Appeals shall be allowed subsistence
expenses in the amount as provided in this Act for members of the
General Assembly plus such mileage allowance for travel as is
provided for other employees of the State. The Chief Justice, or
such other person as he designates, while attending the
Conference of Chief Justices and one member of the Supreme Court
while attending the National Convention of Appellate Court
Judges, and three Circuit Judges while attending the National
Convention of State Trial Judges shall be allowed actual
subsistence and travel expenses.
Upon approval of the Chief Justice, Supreme Court Justices,
Judges of the Court of Appeals, Circuit Judges, and Family Court
Judges shall be reimbursed for actual expenses incurred for all
other official business requiring out-of-state expenses at the
rate provided in paragraph A of this section.
G. No subsistence reimbursements shall be allowed to a Circuit
Judge or a Family Court Judge while holding court within the
county in which he resides. While holding court or on other
official business outside the county in which he resides but
within his circuit, a Circuit Court Judge or Family Court Judge
shall be entitled to a subsistence allowance in the amount of $35
per day. While holding court or on other official business
outside his circuit, a Circuit Court or Family Court Judge shall
be entitled to a subsistence allowance in the amount as provided
in this Act for members of the General Assembly.
H. Any retired Justice, Circuit Court Judge or Family Court
Judge appointed by the Supreme Court to serve as a Special
Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting
Associate Justice shall serve without pay but shall receive the
same allowance for subsistence, expenses, and mileage as provided
in Part I for Circuit Court Judges.
I. No expense shall be allowed an employee either at his place
of residence or at the official headquarters of the agency by
which he is employed except as provided in paragraph E, of this
section. When an employee is assigned to work a particular
territory or district, and such territory or district and his
official headquarters are in different localities or sections of
the State, expenses may be allowed for the necessary travel to
his official headquarters. Provided, However, That the members of
the Industrial Commission, Public Service Commission and the
Employment Security Commission may be reimbursed at the regular
mileage rate of one round trip each week from their respective
homes to Columbia. No subsistence reimbursement shall be allowed
to a member of the Industrial Commission, Public Service
Commission or the Employment Security Commission while traveling
in the county of his official residence. When traveling on
official business of the Commission within 50 miles outside the
county of his official residence, a member of the Industrial
Commission, Public Service Commission or the Employment Security
Commission shall be allowed subsistence expenses in the amount of
$35 per day. When traveling on official business of the
Commission 50 or more miles outside the county of his official
residence, each member shall be allowed a subsistence expense in
the amount of $50 per day except that members of the Employment
Security Commission shall receive a subsistence allowance as
provided in this Act for members of the General Assembly.
J. When an employee of the State shall use his or her personal
automobile in traveling on necessary official business, a charge
of 20.5 cents per mile will be allowed for the use of such
automobile and the employee shall bear the expense of supplies
and upkeep thereof. Provided, However, That whenever
State-provided motor pool vehicles are reasonably available and
an employee of the State shall request for his own benefit to use
his or her personal vehicle in traveling on necessary official
business, a charge of 20 cents per mile will be allocated for the
use of such vehicle and the employee shall bear the expense of
supplies a upkeep thereof. When such travel is by State-owned
automobile, the State shall bear the expense of supplies and
upkeep thereof but mileage will be allowed. Agencies are
requested utilize self service gasoline pumps and state gasoline
facilities when prudent and effect reduction in the number of
miles traveled to provide necessary funds for the essential
travel. Provided, Further, That in traveling on the business of
the State, employees are required to use the most economical mode
of transportation, due consideration being given to urgency,
schedules an like factors.
K. That a State agency may advance travel and subsistence
expense monies to employees of that agency for the financing of
ordinary and necessary travel required in the conducting of the
business of the agency. The Budget and Control Board directed to
develop and publish rules an regulations pertaining to the
advancing of travel expenses and no State agency shall make such
advances except under the rules and regulations a published.
Provided, Further, That all advances for travel and subsistence
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
whichever comes first.
L. That the State institutions of higher learning are authorized
to reimburse reasonable relocation expenses for new employees
when such reimbursements are considered by the agency head to be
essential to successful recruitment of professionally competent
staff members.
M. The State Budget and Control Board is authorized to
promulgate and publish rules and regulations governing travel and
subsistence payments.
SECTION 141. That the per diem allowance of all boards,
commissions and committees shall be at the rate of Thirty-five
($35) Dollars per day. Provided, Further, That no full-time
officer or employee of the State shall draw any per diem
allowance for service on such boards, commissions or committees.
SECTION 142. In addition to the powers and duties devolved upon
the Budget and Control Board by the 1976 Code of Laws of this
State, the said Board is hereby given full power and authority to
make surveys, studies, and examinations of departments,
institutions, and agencies of this State, as well as its
programs, so as to determine whether a proper system of
accounting is maintained in such departments, institutions,
commissions, and agencies, and to require and enforce the
adoption of such policies as are deemed necessary to accomplish
these purposes; and to survey, appraise, examine and inspect, and
determine the true conditions of all property of the State, and
what may be necessary to protect it against fire hazard or
deterioration, and to conserve its use for State purposes, and to
make and issue and to enforce all necessary, needful, and
convenient rules and regulations for the enforcement of this
provision and to approve the destruction or disposal of records
of no value to the State. Provided, Further, That the State
Budget and Control Board may require that all plans and
specifications for permanent improvements of any nature by any
State department or institution shall be submitted to the said
Board for approval prior to the awarding of any contract
therefor, or prior to construction by any other means. Provided,
Further, That the State Budget and Control Board shall have the
authority to approve blanket bonds for each of the several
departments, agencies and institutions of the state government,
which bonds shall include coverage requirements by law for
particular officials and employees and any others who, in the
opinion of the Board, should be bonded. Such blanket bonds shall
be subject to approval as to form and execution by the Attorney
General.
SECTION 143. Provided, That notwithstanding any other provision
of law, the State Treasurer may enter into contracts whereby the
agency or institution may accept credit cards as payment for
goods or services provided.
SECTION 144. Any appropriations made herein or by special act
now or hereafter, are hereby declared to be maximum, conditional
and proportionate, the purpose being to make them payable in full
in the amount named herein, if necessary, but only in the event
the aggregate revenues available during the period for which the
appropriation is made are sufficient to pay them in full. The
State Budget and Control Board shall have full power and
authority to survey the progress of the collection of revenue and
the expenditure of funds by all departments and institutions, and
is hereby authorized and directed to make such reductions of
appropriations as may be necessary; Provided, Further, That no
institution or activity for which the General Assembly has herein
provided shall be discontinued. Provided, Further, That any
reduction of appropriations by the said Board, under authority of
this Act, shall be applied as uniformly as may be practicable
except that no reduction shall be applied to any part of such
appropriations which may be encumbered by a written contract with
an agency not connected with the State Government; and Provided,
Further, That in making such reductions any amounts of State
Revenues allocated by law to Counties and Municipalities
(commonly referred to as Aid to Subdivisions) shall be subject to
reduction the same as appropriations. Counties and Municipalities
shall be immediately notified of any such action by the Board.
Provided, Further, That no such reduction shall be ordered by the
State Budget and Control Board while the General Assembly is in
session without first reporting such necessity to the General
Assembly.
Provided, Further, That the State Budget and Control Board is
hereby authorized to borrow such amounts of money as may be
necessary to pay appropriations made by the General Assembly, and
to ledge for the payments of such loans any General Fund assets,
including revenues of the next succeeding fiscal year.
Provided, Further, That the expenditure of funds, heretofore or
hereafter provided, by any State Agency, except the Department of
Highways and Public Transportation for permanent improvements as
defined in the State Budget, shall be subject to approval and
regulations of the State Budget and control Board. The Board
shall have authority to allot to specific projects from funds
made available for such purposes, such amounts as are estimated
to cover the respective costs of such projects, to declare the
completion of any such projects, and to dispose, according to
law, of any unexpended balances of allotments, or appropriations,
or funds otherwise provided for such projects, upon the
completion thereof. Provided, However, That the approval of the
Budget and Control Board shall not be required for minor
construction projects (including renovations and alterations)
where the cost does not exceed an amount determined by the Joint
Bond Review committee and the Budget and Control Board.
Provided, Further, That in all construction, improvement and
renovation of State buildings, the applicable standards and
specifications set forth in each of the following codes shall be
followed: The Standard Building Code - 1985 Edition; The Standard
Plumbing Code -1985 Edition; The Standard as Code - 1985 Edition;
The Standard Mechanical Code - 1985 Edition as adopted by the
Southern Building Code Congress International, Inc.; The National
Electrical Code - NFPA 70 - 1984; The National Electrical Safety
Code ANSI-C2 - 1981 edition and Pamphlet 58 of The National Fire
Protection Association - 1983 Edition. Provided, However That
Appendices K and Q of The Standard Building Code - 1985 Edition
shall not be followed.
SECTION 145. That transfers of appropriations herein provided
may be made within departments, upon the unanimous approval of
the State Budget and Control Board, but no such transfer shall be
permitted for the purpose of increasing the compensation of any
State employee which is specifically fixed in this Act.
SECTION 146. Subsection (a). The Budget and Control Board is
hereby directed to assess and collect a rental charge from all
departments and agencies of the State Government occupying space
in State-controlled office buildings. The amount charged each
department or agency shall be calculated on a square foot, or
other equitable basis of measurement, and at such rates as will
yield sufficient total annual revenue to cover, in priority
order, both (1) the annual principal and interest due on the
Capital Improvement Obligations authorized by Act No. 829 of the
1964 Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of the
1971 Acts and Act No. 1377 of the 1968 Acts as amended for
projects administered by the Division of General Services and (2)
maintenance and operation costs of State-controlled office
buildings in the City of Columbia. The amount so collected which
is applicable to the payment of principal and interest due on
obligations authorized by Act 1377 of the 1968 Acts as amended
shall be paid into the State's General Fund to apply on debt
service appropriations under the Section 122 of this Act.
Subsection (b). All departments and agencies against which
rental charges are assessed and whose operations are financed in
whole or in part by Federal and/or other nonappropriated funds
are directed to apportion the payment of such charges equitably
among all such funds, so that each shall bear its proportionate
share. All appropriations in this Act applicable to the rental of
space in State-controlled buildings (exclusive of the Department
of Highways and Public Transportation), shall be available only
for payment of that portion of rental charges applicable to
State-appropriated operations. Subsection (c). Rental collections
shall be deposited by the Budget and Control Board in the State
Treasury in a special account and shall be expended only for (1)
payment of principal and interest due on the obligations referred
to in Subsection (a) above and (2) maintenance and operations
costs of the buildings referred to in Subsection (a) above.
SECTION 147. All institutions, departments and agencies shall
file an annual report with the Budget and Control Board at such
time as the Board shall specify. The Budget and Control Board
shall prescribe such specifications and deadlines as may appear
practicable for all State and departmental reports, the objective
being to limit the content, style of printing and cost of
publication of such reports within reasonable limits. The Board
shall be charged with the responsibility of printing these
reports. They shall be made available on or before January first
to each member of the General Assembly at his request and to the
State Library. The Budget and Control Board shall report annually
to the General Assembly on the expenditure of appropriations for
such reports showing, by departments, the number of copies and
cost of publication.
SECTION 148. Any funds derived by the State Port Authority from
the rental, lease or sale of any of its facilities shall be
expended for the benefit of the particular Port where such
facilities are located.
SECTION 149. In any instances where Federal laws or regulations,
relating to funds allotted to State Government agencies, include
requirements relating to banking procedures, the State Treasury
shall be deemed to meet the definition of a bank.
SECTION 150. Presidents of the University of South Carolina,
Clemson University, the Medical University of South Carolina, The
Citadel, Winthrop College, South Carolina State College, Francis
Marion College, College of Charleston, and Lander College must
not be paid a fixed allowance for personal expenses incurred in
connection with the performance of their official duties.
Reimbursements may be made to the Presidents from funds available
to their respective institutions for any personal expenses
incurred provided that all requests for reimbursement are
supported by properly documented vouchers processed through the
normal accounting procedures of the institutions.
SECTION 151. The funds appropriated to each agency or
institution for payment of employer contributions for state
employees shall be used for that purpose only and it is intended
that the amount so provided to each agency or institution shall
be sufficient to pay the employer contribution costs of that
agency. The Budget and Control Board is directed to devise a plan
for the expenditure of the funds appropriated for employer
contributions and may require transfers of funds within an agency
or institution if it becomes evident that the employer
contribution costs will exceed the funds available for that
purpose.
SECTION 152. The General Assembly expresses its continuing
concern over the control of the number of personnel employed by
the State of South Carolina. This concern is evidenced in the
1980 Public Employment Report of the United States Bureau of
Census. It is further declared to be the intent of the General
Assembly to continue to take positive steps to control and
restrict the number of personnel employed in the future, without
unduly hampering the legitimate functions of state government.
In order to obtain the necessary control over the number of
employees, the Budget and Control Board is hereby directed to
maintain close supervision over the number of state employees,
and to require specifically the following:
1. That no state agency exceed the total authorized number of
full-time equivalent positions funded from State, Federal, or
other sources as provided in each section of this Act except by
unanimous vote of the Budget and Control Board after review and
comment by the Joint Legislative Committee on Personal Service
Financing and Budgeting. Specific written confirmation of such
unanimous approval shall be forwarded to the Joint Appropriations
Review Committee in the event that any agency is allowed to
exceed the number of positions authorized in this Act.
2. That the State Budget Division shall maintain and make, as
necessary, periodic adjustments thereto, an official record of
the total number of authorized full-time equivalent positions by
agency categorized by State, Federal, or other funding sources
and shall provide a certified duplicate of such record to the
Joint Legislative Committee on Personal Service Financing and
Budgeting and to the Joint Appropriations Review Committee. The
State Budget Division shall submit monthly reports to the Joint
Legislative Committee on Personal Service Financing and Budgeting
and the Joint Appropriations Review Committee and such reports
shall include any changes in the authorized number of full-time
equivalent positions, the number of filled and vacant positions
and any other data requested by the committees.
(a) That within thirty (30) days of the passage of this Act or
by August 1, 1985, whichever comes later, each agency of the
State must have established on the Budget and Control Board
records all positions authorized in this Act. After that date,
the Board shall delete any non-established positions immediately
from the official record of authorized full-time equivalent
positions. No positions shall be established by the Board in
excess of the number authorized in the Board record of authorized
full-time equivalent positions.
(b) That within forty-five (45) days of the passage of this Act,
or by August 15, 1985, whichever comes later, the Board shall
prepare a personal service detail, by agency, which shows each
position established for FY 1985-86 and the amount of funds
required, by source of funds, to support the position for FY
1985-86 at a funding level of 100% and the Board shall then
reconcile each agency's personal service detail with the agency's
personal service appropriation as contained in this Act adjusted
for base pay increases, merit increment allocations and any other
factors necessary to reflect the agency's personal service
funding level. The Board shall provide a copy of each agency's
personal service reconciliation to the Budget and Control Board
and to the Joint Legislative Committee on Personal Service
Financing and Budgeting.
(c) Any position which is shown by the reconciliation to be
unfunded or significantly under-funded may be deleted at the
direction of the Budget and Control Board and the Joint
Legislative Committee on Personal Service Financing and
Budgeting.
(d) Full-time equivalent (FTE) positions shall be determined
under the following guidelines:
1. The annual work hours for each FTE shall be the agency's
full-time standard annual work hours.
2. The State FTE shall be derived by multiplying the state
percentage of budgeted funds for each position by the FTE for
that position. 3. All institutions of higher education shall use
a value of 0.75 FTE for each position determined to be full-time
faculty with a Juration of nine (9) months.
The FTE method of accounting shall be utilized for all
authorized positions.
3. That the number of positions authorized in this Act shall
be reduced in the following circumstances:
(a) Upon request by an agency.
(b) When anticipated federal funds are not made available.
(c) When the Budget and Control Board, through study or
analysis, becomes aware of any unjustifiable excess of positions
in any stat agency.
4. That no new permanent positions in state government shall
be funded by appropriations in acts supplemental to this Act but
temporary positions may be so funded.
5. The provisions of this section shall not apply to personnel
exempt from the State Classification and Compensation Plan under
Item I of Section 8-11-260 of the 1976 Code.
Provided, Further, That the Budget and Control Board, in making
their appropriation recommendations to the Ways and Means
Committee, must provide that the level of personal service
appropriation recommended for each agency is at least 95% of the
funds required to meet 100% of the funds needed for the full-time
equivalents positions recommended by the Board (exclusive of new
positions).
Provided, Further, That the Budget and Control Board, must
submit to the Ways and Means committee and Senate Finance
Committee at each stage of consideration of the appropriation
bill, a personal service reconciliation which includes the number
of positions recommended for the next fiscal year and the amount
needed to fully fund the positions compared to the amount
recommended as of that stage and a list of italicized positions.
SECTION 153. The Legislative Audit Council, the State Auditor,
the House Ways and Means Committee, the State Reorganization
Commission and the Senate Finance Committee shall be furnished a
copy of each audit report issued by a Federal Audit Agency within
fifteen days from the date of receipt by the State Agency.
Provided, Further, That the State Auditor shall periodically
furnish a list of such reports to each member of the General
Assembly and to the Joint Appropriations Review Committee.
Provided, Further, That the State Auditor will provide a copy of
each Federal Block Grant Audit Report to the Joint Appropriations
Review Committee to comply with provisions of the Omnibus Budget
Reconciliation act of 1981.
SECTION 154. Provided, That notwithstanding any other provision
of law, the Budget and Control Board shall be responsible for
coordinating the placement of all state employees who are
terminated because of a reduction-in-force resulting from reduced
personal service funding and shall issue such administrative
procedures as necessary to carry out the intent of this proviso.
Provided Further, That when a vacancy occurs in a state agency,
or when an agency acts to fill a new position as listed and
italicized in the Appropriation Act, the agency shall implement
to recall provisions of their reduction-in-force procedure and
plan concerning its employees who have been terminated as a
result of reduction-in-force. State agencies shall give priority
consideration to those employees who have been terminated from
any other state agency as result of this reduction-in-force and
who were formerly employed in the same classification
classification series, or position category as the vacancy or the
new position listed in this act. Notwithstanding any other
provision of law, when a vacancy occurs in a state agency, other
than institutions of higher education, or when an agency acts to
fill a new position, the agency shall give preference to
residents of this State, if the two are equally qualified for the
vacancy or new position. The Budget and Control Board shall
immediately notify all agencies of this new requirement on the
effective date of this act.
SECTION 155. Provided, Further, That it is the responsibility of
all agencies, departments an institutions of state government, to
provide at no cost and as a part of the regular services of the
agency, department or institution such services as are necessary
to carry out the provisions on Article 7, Chapter 17 of Title 44
of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of
the 1976 Code (Defense of Indigents), and Article 1 of Chapter 3
of Title 16 of the 1976 Code (Death Penalty), as amended, upon
request of the Judicial Department and/or the appropriate court.
To this end, state agencies are directed to furnish to the
Judicial Department a list of their employees who are competent
to serve as court examiners. The Judicial Department shall
forward a copy of this list to the appropriate courts, and the
courts shall utilize the services of such state employees
whenever feasible. State employees shall receive no additional
compensation for performing such services. Provided, However,
That for the purpose of interpreting this section, employees of
the Medical University of South Carolina and individuals serving
an internship or residency as an academic requirement shall not
be considered state employees.
SECTION 156. Provided, Further, That notwithstanding any other
provision of law, any aircraft and watercraft confiscated or
seized under the provisions of Act 185 of 1979 may be used by a
governmental agency, at the discretion and approval of the Budget
and Control Board.
SECTION 157. Provided, Further, That all state employees, who
are commissioned law enforcement officers upon retirement, if
vested, may purchase their assigned weapon at a nominal fee.
SECTION 158. The General Assembly directs the Joint Legislative
Committee on Personal Service Financing and Budgeting to review
and study issues pertaining to the funding of the merit program,
including but not limited to: annualization of merit increments,
impact of merit pay increases on the State Classification and
Compensation System, and the relationship of merit pay increase
to the Performance Appraisal System and to the State's
reduction-in-force policy.
SECTION 159. Notwithstanding any laws, rules, regulations or
practices to the contrary, it is the intent of the General
Assembly that where expenditures of state funds are reimbursed by
federal or other funds, except those received by the South
Carolina Department of Highways and Public Transportation, such
reimbursement shall be returned to the General Fund of the State.
The reimbursements referred to herein shall include, but shall
not be limited to those received under the provisions of the
Federal Social Services Block Grant program, various indirect and
overhead cost recoveries and certain "earned" funds. State
agencies receiving research and student loan indirect cost
recoveries are exempt from this provision, but must report the
intended use of these retained indirect cost recoveries to the
Governor's Office of Grants Services and the Joint Appropriations
Review Committee within 14 day following the receipt of the
award. It is the further intent of the General Assembly that the
Governor's Office of Grants Services, the Joint Appropriations
Review Committee, and the Budget and Control Board shall
continually monitor the activities of the various state agencies
to insure that the wishes of the General Assembly are carried
out.
SECTION 160. Reports published by the Legislative Audit Council
shall be reviewed by the appropriate subcommittee of the South
Carolina House Ways and Means Committee with the audited entity
and the Audit Council in order to prepare a plan of corrective
action for problems concerning the report.
SECTION 161. No aircraft will be purchased or leased or
leased-purchased for more than a 30 day period for any state
agency without the authorization of the State Budget and Control
Board and the Joint Bond Review Committee.
SECTION 162. The General Assembly, in recognition of the need to
meet certain reporting requirements relating to information
returns to be submitted to the Internal Revenue Service, hereby
directs the Budget and Control Board to establish a formula for
calculating and a method for reporting economic value of the
personal use of State-owned motor vehicles.
SECTION 163. The Public Service Authority, the Ports Authority
and the Railway Commission shall file its most recent itemized
audit report to the Budget and Control Board, the House Ways and
Means Committee, and the Senate Finance Committee on or before
January first of each year.
SECTION 164. Provided, Further, That final settlement received
on Federal funds allotted to the state and the investment
earnings thereof, under the provisions of the State and Local
Fiscal Assistance Act of 1972 not heretofore appropriated, shall
be applied to the payment of appropriations in this act for the
State contribution to the South Carolina Retirement System.
SECTION 165. That the Department of Mental Retardation,
Department of Social Services, Children's Bureau, and Department
of Youth Services shall furnish as Family Foster Care payments
for individual foster children under their sponsorship:
ages O - 5 $138 per month
ages 6 - 12 $158 per month
ages 13 + $208 per month
These specified amounts are for the basic needs of the foster
children. Basic needs within this proviso are identified as food
(at home and away), clothing, housing, transportation, education
and other costs as defined in the U.S. Department of Agriculture
study of "Annual Cost of raising a Child to Age Eighteen".
Further each agency shall identify and justify, as another line
item, all material and/or services, in excess of those basic
needs listed above, which were a direct result of a professional
agency evaluation of clientele need. Legitimate medical care in
excess of Medicaid reimbursement or such care not recognized by
Medicaid may be considered as special needs if approved by the
sponsoring/responsible agency and shall be reimbursed by the
sponsoring agency in the same manner of reimbursing other special
needs of foster children.
SECTION 166. That after July 1, 1985, the Department of Health
and Environmental Control, Department of Mental Health,
Department of Mental Retardation, Department of Social Services,
Health and Human Services Finance Commission, Commission on
Aging, Department of Corrections, and Department of Youth
Services may expend, if necessary, state appropriated funds for
Fiscal Year 1985-86 to cover fourth quarter Federal Programs
expenses incurred in Fiscal Year 1984-85 necessitated by the time
lag of federal reimbursement.
SECTION 167. That amounts appropriated to the Department of
Health and Environmental Control, Department of Social Services,
Health and Human Services Finance Commission, and Commission on
Aging may be expended to cover program operation of prior fiscal
years where adjustment of such prior years are necessary under
federal regulations or audit exceptions. Provided, Further, That
all disallowances or notices of disallowances by and federal
agency of any costs claimed by these agencies shall be submitted
to the State Auditor, the House Ways and Means Committee and the
Senate Finance Committee, within five days of receipt of such
actions.
SECTION 168. The Department of Youth Services, Department of
Corrections, Department of Mental Health, Department of Mental
Retardation and School for the Deaf and Blind may replace the
personal property of an employee which has been damaged or
destroyed by a client while in custody of the agency. The
replacement of personal property may be made only if the loss has
resulted from actions by the employee deemed to be appropriate
and in the line of duty by the agency head and if the damaged or
destroyed item is found by the agency head to be reasonable in
value, and necessary for the employee to carry out the functions
and duties of his employment. Replacement of damaged or destroyed
items shall not exceed $100 per item, per incident.
SECTION 169. That the Board of the Medical University of South
Carolina shall provide hospital services to state employees and
officials of state government at a rate not to exceed the payment
rates to hospitals provided in the state employees insurance
program administered by the Budget and Control Board.
SECTION 170. The Senate Finance Committee and the House Ways and
Means Committee are authorized to identify not more than ten
agencies for a pilot project to demonstrate a model Appropriation
Bill format containing effectiveness and efficiency measures
developed by the Reorganization Commission and submitted to the
General Assembly. The pilot Appropriation Bill format must be
displayed as a separate document.
The State Reorganization Commission shall work in conjunction
with the Budget Division of the Budget and Control Board and the
research staffs of the House Ways and Means Committee and Senate
Finance Committee, as well as the staffs of the designated
agencies, in the development of the above-referenced
demonstrations. Each pilot agency is directed to establish the
necessary information to support its performance measures.
SECTION 171. The Medical University of South Carolina and the
School of Medicine of the University of South Carolina shall
develop health programs for agency heads. The programs shall be
submitted to the Budget and Control Board for approval, after
which the Board may authorize the agency or institution to pay,
on behalf of the agency head, one-half of the cost, provided that
the amount to be paid by the agency shall not exceed $250.
Provided, Further, That where the agency or institution is
located in an area other than Columbia or Charleston, the Budget
and Control Board may approve an alternate health plan for the
agency head and may authorize payment by the agency which is
consistent with payments to the Medical University or the
University of South Carolina.
SECTION 172. The provisions of Section 12-7-2418 of the 1976
Code, added by Division III of Section 9 of Part II of Act 512 of
1984, are suspended for the Fiscal Year 1985-1986.
SECTION 173. That unless specifically authorized herein, the
appropriations provided in Part I of this Act as ordinary
expenses of the State Government shall lapse on July 31, 1986
State agencies are required to submit all Fiscal Year 1985-86
input documents to the Comptroller General's Office by July 25,
1986. Provided, Further, That Appropriations for Permanent
Improvements, or for other specific purposes aside from ordinary
operating expenses, now outstanding or hereafter provided, shall
lapse at the end of the second fiscal year in which such
appropriations were provided, unless definite commitments shall
have been made, with the approval of the State Budget and Control
Board and Joint Bond Review Committee, toward the accomplishment
of the purposes for which the appropriations were provided.
End of Part I
PART II
Permanent Provisions
SECTION 1
It is hereby declared to be the intent of the General Assembly
that the following sections shall constitute a part of the
permanent laws of the State of South Carolina and the Code
Commissioner is hereby directed to include same in the next
edition of the Code of Laws of South Carolina and all supplements
to the Code.
SECTION 2
TO AMEND SECTION 9 OF ACT 561 OF 1976, RELATING TO THE COLLECTION
OF INFORMATION FOR USE BY THE GENERAL ASSEMBLY CONCERNING
EXPENDITURES OF STATE APPROPRIATED FUNDS, PERSONNEL DATA, AND
RELATED MATTERS FROM STATE AGENCIES, DEPARTMENTS, AND
INSTITUTIONS AND INFORMATION CONSIDERED TO BE "PUBLIC RECORDS",
SO AS TO DELETE THE PROVISION THAT REQUIRES THE INFORMATION TO BE
FURNISHED BY THE LEGISLATIVE AUDIT COUNCIL, TO REQUIRE THAT THE
COMPTROLLER GENERAL FURNISH THE INFORMATION WHEN REQUESTED BY
AUTHORIZED PARTIES, AND PROVIDE THAT CERTAIN PROVISIONS OF
SECTION 11-35-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, GOVERN
FISCAL REPORTING; TO PROVIDE THAT THE DIVISION OF GENERAL
SERVICES SHALL DEVELOP AND MAINTAIN A STATEWIDE VENDOR CODING
SYSTEM; TO REQUIRE THAT THE COMPTROLLER GENERAL'S OFFICE SHALL
ACCUMULATE AND REPORT EXPENDITURE TRANSACTIONS AS REQUESTED BY
AUTHORIZED STATE OFFICIALS; AND TO REPEAL SECTIONS 1 THROUGH 6
AND SECTION 11 OF ACT 561 OF 1976 RELATING TO VARIOUS PROVISIONS
CONCERNING THE COLLECTION OF INFORMATION FOR USE BY THE GENERAL
ASSEMBLY CONCERNING EXPENDITURES OF STATE APPROPRIATED FUNDS,
PERSONNEL DATA, AND RELATED MATTERS FROM STATE AGENCIES,
DEPARTMENTS, AND INSTITUTIONS.
A. Section 9 of Act 561 of 1976 is amended to read:
"Section 9. All reports and information assembled pursuant to
the provisions of this act are considered 'public records' as
defined in the Freedom of Information Act of 1972. Commencing on
July 1, 1985, and thereafter, the Comptroller General shall
furnish copies of the information when requested by authorized
parties. The provisions of subsection (2) of Section 11-35-1230
of the 1976 Code of Laws govern fiscal reporting."
B. The Division of General Services of the Budget and Control
Board shall develop and maintain a statewide vendor coding system
for use by all agencies and institutions of the State. This
statewide system is effective July 1, 1986, and must be used by
all state agencies and institutions.
C. The Comptroller General's Office shall accumulate and report
expenditure transactions as requested by authorized state
officials. The Comptroller General shall determine the summary
level for travel and other reports required by the Fiscal
Accountability Act.
D. Sections 1 through 6 and Section 11 of Act 561 of 1976 are
repealed.
SECTION 3
TO AMEND ARTICLE 1 OF CHAPTER 11 OF TITLE 8 OF THE 1976 CODE,
RELATING TO GENERAL PROVISIONS CONCERNING STATE OFFICERS AND
EMPLOYEES, BY ADDING SECTION 8-11-160 SO AS TO PROVIDE FOR AN
EXECUTIVE SALARY AND PERFORMANCE EVALUATION COMMISSION TO REVIEW
AND RECOMMEND COMPENSATION FOR AGENCY HEADS.
A. Article 1 of Chapter 11 of Title 8 of the 1976 Code is
amended by adding:
"Section 8-11-160. All boards and commissions are required to
submit justification of an agency head's performance and salary
recommendations to the Executive Salary and Performance
Evaluation Commission. This Commission consists of four
appointees of the chairman of the House Ways and Means Committee,
four appointees of the Senate Finance Committee, and three
appointees of the Governor with experience in executive
compensation.
Salary increases for agency heads must be based on
recommendations by each agency board or commission to the
Executive Salary and Performance Evaluation Commission and their
recommendations to the General Assembly."
B. The provisions of this section shall take effect July 1,
1985.
SECTION 4
TO REPEAL SECTION 12-7-2418 OF THE 1976 CODE RELATING TO AN
INCOME TAX CREDIT FOR EACH PERSONAL EXEMPTION ON THE SOUTH
CAROLINA TAX RETURN AND ADJUSTMENT OF THE CREDIT BY FOOD
INFLATION FACTOR.
Section 12-7-2418 of the 1976 Code is repealed.
SECTION 5
TO REQUIRE ALL TRANSACTIONS Involving REAL PROPERTY, MADE FOR OR
BY CERTAIN GOVERNMENTAL BODIES, TO BE APPROVED BY AND RECORDED
WITH THE BUDGET AND CONTROL BOARD UNLESS EXEMPTED.
All transactions involving real property, made for or by any
governmental bodies, excluding political subdivisions of the
State, must be approved by and recorded with the State Budget and
Control Board unless a governmental body is expressly exempted by
the Budget and Control Board.
SECTION 6
TO AMEND SECTION 12-31-220 OF THE 1976 CODE, AS AMENDED, RELATING
TO MOTOR CARRIER TEMPORARY PERMITS, SO AS TO REVISE THE
DISTRIBUTION FORMULA; TO AMEND SECTION 12-31-250, RELATING TO
MOTOR CARRIER ANNUAL POWER UNIT FEES, SO AS TO REVISE THE
DISTRIBUTION FORMULA; AND TO AMEND SECTION 58-23-630, RELATING TO
DISTRIBUTION OF LICENSE FEES FOR THE OPERATION OF MOTOR VEHICLES
FOR HIRE, SO AS TO REVISE THE DISTRIBUTION FORMULA.
A. The last paragraph of Section 12-31-220 of the 1976 Code, as
last amended by Act 451 of 1980, is further amended to read:
"The permit fee provided by this section is distributed as
follows: (a) four-fifths to the State Highway Fund and (b)
one-fifth is deposited in the state treasury and distributed
annually by the State Treasurer to the incorporated
municipalities pro rata according to the population as shown by
the most recent United States census. There shall be no deduction
from the funds distributed for costs of collection and
administration."
B. Paragraph (c) of Section 12-31-250 of the 1976 Code is
amended to read:
"(c) no card or marker may be issued by the South Carolina Tax
Commission until after the fees provided in this section are
paid. The fees provided for by subsection (a) of this section
shall be transferred to the state highway fund. The fees provided
for by section (b) of this section shall be deposited in the
state treasury and distributed annually by the State Treasurer to
the incorporated municipalities as follows: (1) three-fifths of
the funds collected must be distributed to incorporated
municipalities pro rata, according to population as shown by the
then most recent United States census; provided, however, that in
each annual distribution of such funds, each county seat shall
receive two thousand dollars or its pro rata share according to
population, whichever is greater; and provided, further, that no
incorporated municipality shall receive more than ten thousand
dollars in any annual distribution and (2) two-fifths of the
funds collected must be distributed to the incorporated
municipalities pro rata according to population as shown by the
most recent United States census. There may be no deduction from
the funds distributed to the incorporated municipalities for
costs of collection and administration."
C. Section 58-23-630 of the 1976 Code is amended to read:
"All license fees for the operation of motor vehicles for hire
collected by the Commission pursuant to the provisions of this
article shall be deposited in the State Treasury and there shall
be transferred from such collections to the general fund of the
State so much as is estimated to cover the costs of
administration and collection of such fees."
SECTION 7
TO AMEND SECTIONS 36-9-403, 36-9-404, 36-9-405, 36-9-406, AND
36-9-407, ALL AS AMENDED, OF THE 1976 CODE, RELATING TO THE SOUTH
CAROLINA UNIFORM COMMERCIAL CODE, SO AS TO INCREASE FEES FOR
FILING, INDEXING, AND FURNISHING FILING DATA AND RECORD SEARCHES.
A. Subsection (5) of Section 36-9-403 of the 1976 Code, as last
amended by Section 7 of Part II of Act 644 of 1978, is further
amended to read:
"(5) The fee for filing, indexing, and furnishing filing data
for an original or a continuation statement is ten dollars unless
on a form approved by the Secretary of State in which case the
fee is eight dollars."
B. Subsection (3) of Section 36-9-404 of the 1976 Code, as last
amended by Section 7 of Part II of Act 644 of 1978, is further
amended to read:
"(3) The fee for filing and indexing a termination statement
including sending or delivering the financing statement is ten
dollars unless on a form approved by the Secretary of State in
which case the fee is eight dollars."
C. Subsection (1) of Section 36-9-405 of the 1976 Code, as last
amended by Section 7 of Part II of Act 644 of 1978, is further
amended to read:
"(1) A financing statement may disclose an assignment of a
security interest in the collateral described in the statement by
indication in the statement of the name and address of the
assignee or by an assignment itself or a copy of it on the face
or back of the statement. Either the original secured party or
the assignee may sign this statement as the secured party. On
presentation to the filing officer of such a financing statement,
the filing officer shall mark it as provided in subsection (4) of
Section 36-9-403. The fee for filing, indexing, and furnishing
filing data for a financing statement so indicating an assignment
is ten dollars unless on a form conforming to the standards
prescribed by the Secretary of State in which case the fee is
eight dollars."
D. Subsection (2) of Section 36-9-405 of the 1976 Code, as last
amended by Section 7 of Part II of Act 644 of 1978, is further
amended to read:
"(2) A secured party of record may assign all or part of his
rights under a financing statement by the filing of a separate
written statement of assignment signed by the secured party of
record and setting forth the name of the secured party of record
and the debtor, the file number, and the date of filing of the
financing statement and the name and address of the assignee and
containing a description of the collateral assigned. A copy of
the assignment is sufficient as a separate statement if it
complies with the preceding sentence. On presentation to the
filing officer of such a separate statement, the filing officer
shall make the separate statement with the date and hour of the
filing. He shall note the assignment on the index of the
financing statement. The fee for filing, indexing, and furnishing
filing data about a separate statement of assignment is ten
dollars unless on a form conforming to the standards prescribed
by the Secretary of State in which case the fee is eight
dollars."
E. Section 36-9-406 of the 1976 Code, as last amended by Section
7 of Part II of Act 644 of 1978, is further amended to read:
"Section 36-9-406. A secured party of record may by his signed
statement release all or a part of any collateral described in a
filed financing statement. The statement of release is sufficient
if it contains a description of the collateral being released,
the name and address of the debtor, the name and address of the
secured party, and the file number of the financing statement.
Upon presentation of a statement to the filing officer he shall
mark the statement with the hour and date of filing and shall
note them upon the margin of the index of the filing of the
financing statement. The fee for filing and noting a statement of
release is eight dollars." F. Subsection (2) of Section
36-9-407 of the 1976 Code, as last amended by Section 7 of Part
II of Act 644 of 1978, is further amended to read:
"(2) Upon request of any person, the filing officer shall issue
his certificate showing whether there is on file on the date and
hour stated in the certificate any presently effective financing
statement naming a particular debtor and any statement of
assignment of it and, if there is, giving the date and hour of
filing of each statement and the name and address of each secured
party. The uniform fee for a certificate is five dollars plus one
dollar for each financing statement and for each statement of
assignment reported in the certificate. Upon request the filing
officer shall furnish a copy of any filed financing statement or
statement of assignment for a uniform fee of one dollar a page
plus two dollars for certifying the copy."
SECTION 8
TO PROVIDE THAT FOR THE TAX YEAR BEGINNING JANUARY 1, 1985, AND
ENDING DECEMBER 31, 1985, THE ANNUAL INFLATION ADJUSTMENTS TO
STATE INDIVIDUAL INCOME TAX BRACKETS REQUIRED BY THE PROVISIONS
OF SECTION 23, PART II OF ACT 517 OF 1980 ARE DECREASED BY AN
AMOUNT EQUAL TO SEVENTY-FIVE PERCENT OF THE REQUIRED ADJUSTMENT;
AND TO REENACT SECTION 23, PART II OF ACT 517 OF 1980 INSOFAR AS
ADJUSTMENTS TO STATE INDIVIDUAL INCOME TAX BRACKETS ARE
CONCERNED.
A. For the tax year beginning January 1, 1985, and ending
December 31, 1985, the annual inflation adjustments to state
individual income tax brackets required by the provisions of
Section 23, Part II of Act 517 of 1980 are decreased by an amount
equal to seventy-five percent of the required adjustment.
B. Section 23, Part II of Act 517 of 1980 is hereby reenacted,
insofar as adjustments to state individual income tax brackets
are concerned.
SECTION 9
TO AMEND SECTION 59-5-65 OF THE 1976 CODE, RELATING TO, AMONG
OTHER THINGS, MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE,
AND SCHOLASTIC ACHIEVEMENT, SO AS, AMONG OTHER THINGS, TO PROVIDE
THAT THE STATE DEPARTMENT OF EDUCATION SHALL COLLECT AND ANALYZE
LONGITUDINAL DATA TO DETERMINE THE EFFECTS OF CHILD DEVELOPMENT
PROGRAMS ON THE LATER ACHIEVEMENT OF CHILDREN IN THE "HIGH RISK"
CATEGORY BY TRACKING FOUR YEAR OLD CHILD DEVELOPMENT PROGRAM
PARTICIPANTS THROUGH KINDERGARTEN AND THE FIRST THREE YEARS OF
ELEMENTARY SCHOOL TO EXAMINE THEIR PERFORMANCE ON THE READINESS
TEST AND THE BSAP TESTS ADMINISTERED IN GRADES ONE, TWO, AND
THREE, TO PROVIDE THAT A CERTAIN ANALYSIS OF TEST SCORES AND DATA
SHALL INCLUDE THE ANALYSIS BY THE STATE DEPARTMENT OF EDUCATION
OF DATA NECESSARY TO EVALUATE AT THE SCHOOL LEVEL THE
EFFECTIVENESS OF THE REMEDIAL AND COMPENSATORY EDUCATION
PROGRAMS
AND PROVIDE FOR A LONGITUDINAL ANALYSIS OF THE DATA FOR A CERTAIN
PURPOSE, TO CHANGE THE DATE FOR ESTABLISHING CRITERIA FOR
PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, AND TO MAKE
CERTAIN CHANGES WITH RESPECT TO THE DEFINITION OF "COMPENSATORY
EDUCATION PROGRAM"; TO AMEND SECTION 59-24-10, RELATING TO
ASSESSMENT OF LEADERSHIP AND MANAGEMENT CAPABILITIES OF PERSONS
BEING CONSIDERED FOR APPOINTMENT AS ELEMENTARY OR SECONDARY
SCHOOL PRINCIPAL, SO AS TO, AMONG OTHER THINGS, REQUIRE THE STATE
DEPARTMENT OF EDUCATION TO PROVIDE FACILITIES FOR ASSESSMENT,
MONITOR THE UTILIZATION OF THOSE ASSESSED, AND PRESENT A
QUARTERLY REPORT TO THE SELECT COMMITTEE REGARDING CERTAIN
MATTERS; TO AMEND SECTION 59-63-50, AS AMENDED, RELATING TO
FINGERPRINTING OF PUPILS, SO AS TO PROVIDE THAT THE FINGERPRINTS
MUST BE GIVEN TO THE STUDENT'S PARENTS OR GUARDIAN RATHER THAN
MAINTAINED AS A PERMANENT PART OF THE STUDENT RECORDS; TO AMEND
SECTION 59-24-30, RELATING TO PARTICIPATION BY SCHOOL
SUPERINTENDENTS AND PRINCIPALS IN SEMINAR ON IMPROVEMENT OF
ADMINISTRATIVE SKILLS AND INSTRUCTIONAL LEADERSHIP, SO AS TO
DELETE THE REQUIREMENT THAT THE SEMINAR MUST BE OPERATED BY THE
STATE DEPARTMENT OF EDUCATION; TO AMEND ACT 163 OF 1977, AS
AMENDED, THE SOUTH CAROLINA EDUCATION
FINANCE ACT OF 1977, SO AS TO MAKE CHANGES WITH RESPECT TO
PROVISIONS CONCERNING AN APPROPRIATION LEVEL FOR COMPENSATORY AND
REMEDIAL PROGRAMS AND RELATED MATTERS AND TO CHANGE THE DATE BY
WHICH EACH SCHOOL DISTRICT SHALL ANNUALLY SUBMIT TO THE STATE
BOARD OF EDUCATION AND TO THE PEOPLE OF THE DISTRICT THAT
DISTRICT'S PROGRAMMATIC REPORT WHICH IS TO INCLUDE CERTAIN ITEMS;
AND TO AMEND SECTION 9 OF PART II OF ACT 512 OF 1984, THE SOUTH
CAROLINA EDUCATION IMPROVEMENT ACT OF 1984, SO AS, AMONG OTHER
THINGS, TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL
PROVIDE FOR CONTINUOUS TRAINING FOR DISTRICT PERSONNEL TO OPERATE
CERTAIN COMPUTERS AND FOR CONTINUOUS SELECTION AND EVALUATION OF
SOFTWARE, TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION
SHALL, AS A PART OF ITS AUDIT RESPONSIBILITY, PROVIDE THE SELECT
COMMITTEE A SUMMARY REPORT OF THE MANAGEMENT RECOMMENDATIONS
AND
A REPORT ON SCHOOL DISTRICT RESPONSE TO THESE RECOMMENDATIONS AND
REQUIRE, BEGINNING IN 1986, THAT AN ANNUAL ASSESSMENT MUST BE
PROVIDED BY DECEMBER FIRST OF EACH YEAR, TO REQUIRE THE STATE
DEPARTMENT OF EDUCATION TO PROVIDE A MONTHLY REPORT TO THE STATE
BOARD OF EDUCATION AND OTHERS ON APPROVED EXPENDITURES AND
COMPLIANCE WITH THE TAX REDUCTION REQUIREMENT, TO PROVIDE THAT
THE GOVERNOR SHALL APPOINT A COMMITTEE TO STUDY ALL AREAS OF
CAREER TRAINING IN SOUTH CAROLINA, TO PROVIDE FOR THE COMPOSITION
OF THE COMMITTEE, AND TO PROVIDE FOR RECOMMENDATIONS BY THE
GOVERNOR TO THE GENERAL ASSEMBLY, BASED ON THE FINDINGS OF THE
COMMITTEE, RELATED TO A COORDINATED STATEWIDE PROGRAM OF CAREER
TRAINING WHICH ADDRESSES CERTAIN CONCERNS, TO PROVIDE THAT
COMMENCING IN 1985 AN ANNUAL ASSESSMENT OF THE SOUTH CAROLINA
EDUCATION IMPROVEMENT ACT OF 1984 MUST BE PROVIDED BY DECEMBER
FIRST, RATHER THAN ON OCTOBER FIRST, OF EACH YEAR AND PROVIDE
THAT AN APPROPRIATE AMOUNT OF FUNDING MUST BE PROVIDED FOR THIS
PURPOSE, AND TO DEFINE "TEACHER" FOR THE PURPOSES OF THE
PROVISIONS CONCERNING THE COMPETITIVE GRANT PROGRAM.
A. The unnumbered item of Section 59-5-65 of the 1976 Code,
unofficially designated as item (8) of the Code section and added
by Section 1 of Subpart 3 of Subdivision B of Division II of
Section 9 of Part II of Act 512 of 1984, is amended to read:
"(8) Develop and implement regulations providing at least
one-half voluntary day early childhood ; development programs for
four-year-old children who have predicted significant readiness
deficiencies. The school districts may contract with appropriate
groups and agencies to provide part or all of the programs. These
programs must be developed in consultation with the Interagency
Coordinating Council on Early Childhood Development and
Education. The Interagency Coordinating Council shall consult
with the Advisory Committee for Early Childhood Education in
developing proposals to submit for State Board of Education
consideration. In the event that a local advisory committee
exists in a community to coordinate early childhood education and
development, school districts shall consult with the committee in
planning and developing services. The State Department of
Education shall collect and analyze longitudinal data to
determine the effects of child development programs on the later
achievement of children in the 'high-risk' category by tracking
four-year-old child development program participants through
kindergarten and the first three years of elementary school to
examine their performance o the readiness test and the BSAP tests
administered in grades 1, 2, and 3. The Governor shall initiate
the development of a state plan on early childhood development
and education to assist the State providing appropriate services
for preschool children. This plan must be completed by July 1985.
B. The ninth paragraph of an unnumbered item o Section 59-5-65
of the 1976 Code, which item unofficially designated as item (9)
of the Code section and which item was added by Section 1 o
Subpart 3 of Subdivision B of Division II o Section 9 of Part II
of Act 512 of 1984, is amended to read:
"By November first of each year the Basic Skills Advisory
Commission and the State Board of Education shall report to the
Select Committee an analysis of test scores and data for the
preceding school year to include the analysis by the State
Department of Education of data necessary to evaluate at the
school level the effectiveness of the remedial and compensatory
education programs. Additionally, a longitudinal analysis of the
data must be provided to determine the long term effect of
program participation on academic achievement of students. The
Select Committee shall then make annual recommendations to the
General Assembly for reallocation of compensatory and remedial
monies if in its discretion the reallocation is considered
necessary."
C. Section 2 of Subpart 4 of Subdivision C of Division II of
Section 9 of Part II of Act 512 of 1984 is amended by adding at
the end: "The State Department of Education shall provide for
continuous training for district personnel to operate the
computers provided and for continuous selection and evaluation of
software."
D. Section 59-24-10 of the 1976 Code, added by Subdivision D of
Division II of Section 9 of Part II of Act 512 of 1984, is
amended by adding at the end:
"The State Department of Education shall provide facilities for
assessment, monitor the utilization of those assessed, and
present a quarterly report to the Select Committee on the number
of principals assessed, the potential for improving school
administration, and an annual report on the assignment to the
principalship of those assessed from the school districts of the
State."
E. The last paragraph of Section 1 of Subpart 3 of Subdivision E
of Division II of Section 9 of Part II of Act 512 of 1984 is
amended to read:
"The State Department of Education shall as a part of its audit
responsibility provide the Select Committee a summary report of
the management recommendations and a report on school district
response to these recommendations. Commencing in 1986, an annual
assessment must be provided by December first of each year."
F. Subpart 1 of Subdivision C of Division II of Section 9 of
Part II of Act 512 of 1984 is amended by adding at the end:
"Section 4. The State Department of Education shall provide a
monthly report to the State Board of Education, the Select
Committee, The Committee on Financing Excellence, and the
Education-Business Partnership on approved expenditures and
compliance with the tax reduction requirement."
G. The first paragraph of an unnumbered item of Section 59-5-65
of the 1976 Code, which item is unofficially designated as item
(7) of the Code section and which item was added by Subsection
(A) of Section 1 of Subpart 2 of Subdivision B of Division II of
Section 9 of Part II of Act 512 of 1984 is amended to read:
"By January 1, 1986, establish criteria for promotion of
students to the next higher grade."
H. Subpart 5 of Subdivision A of Division II of Section 9 of
Part II of Act 512 of 1984 is amended by adding at the end:
"Section 3. The Governor shall appoint a committee to study all
areas of career training in South Carolina. The committee is
composed of representatives of the business community, the
General Assembly, and the various agencies involve in career
training. Based on the findings of the committee, the Governor
shall make recommendation to the General Assembly related to a
coordinated statewide program of career training which addresses
the following concerns:
a. Duplication of services and people served.
b. Need for a comprehensive assessment of future job
opportunities in South Carolina and the relationships of those
opportunities to the direction of future job training efforts.
c. Need for a unified plan to coordinate job training efforts.
d. Need for a standard management information system.
e. Insufficient emphasis on entrepreneur training and
information and service occupations.
f. Narrow missions of Special Schools.
g. Training systems not prepared to handle federal cutbacks in
funding.
h. Insufficient coordination with private employers to provide
job training.
i. Insufficient coordination of training need for special target
groups.
j. Lack of coordination of illiteracy effort with job training
programs.
k. Other barriers which prevent a coordinated, accessible, and
efficient job training effort South Carolina."
i. The first unnumbered item added to Section of Act 163 of 1977
by Section 3 of Subpart 3 of Subdivision B of Division II of
Section 9 of Part II of Act 512 of 1984, is amended to read:
"( ) Annually in the General Appropriation Act the General
Assembly shall determine at appropriation level for compensatory
and remedial programs. The State Board of Education shall
promulgate regulations to implement a system so ac to provide a
pro rata matching of the weighted pupil units to the pupils in
districts of the State who fail to meet the statewide minimum
standards it reading, writing, and mathematics or who do not meet
the first grade readiness test standard. To accommodate the level
of the total appropriation for compensatory and remedial
programs, the State Board of Education shall allocate the funding
of weighted pupil unit increments according to the following
order of priority: (1) grades 1-6 compensatory at a weight of
.26; (2) grades 2-6 remedial below BSAP standard but above the
25th percentile at a weight of .114; (3) grades 7-12 remedial
below the 25th percentile at a weight of .114; (4) after all
students eligible under priorities one, two, and three above are
funded, students classified as remedial below the BSAP standard
but above the 25th percentile in grades 2-6 must be funded as
compensatory students at a weight of .26 starting progressively
with the second grade and moving through the sixth grade as funds
permit; (5) after all students eligible under priorities one,
two, three, and four above are funded, students classified as
remedial below BSAP standard but above the 25th percentile in
grades 7-12 must be funded at a weight of .114; (6) after all
students eligible under priorities one, two, three, four, and
five above are funded, students classified as remedial 25th
percentile or below in grades 7-12 must be funded as compensatory
students at a weight of .26 starting progressively with seventh
grade and moving through the twelfth grade as funds permit; (7)
after all eligible students under priorities one, two, three,
four, five, and six above are funded, the remaining students
classified as remedial in grades 7-12 must be funded as
compensatory students at a weight of .26 beginning with the
seventh grade and moving progressively through the twelfth grade
as funds permit. The districts total number of students scoring
at the compensatory or remedial level as defined in the
priorities herein must be the number of students constituting one
hundred percent to be served. Any district not serving one
hundred percent of its eligible compensatory and remedial
children funded herein shall have its allocation reduced
proportionately on a per pupil basis. When one hundred percent of
the eligible students in one category are served, school
districts may use uncommitted funds to serve eligible students in
the other category according to the priorities cited above. The
State Board of Education shall promulgate regulations to insure
maximum utilization of state and Chapter 1 funds to achieve the
purpose of this proviso. Nothing in this section prohibits the
General Assembly from appropriating funds to the Department of
Education for block grants to address basic skills remediation in
early childhood development in the school districts of the State.
Nothing in this section prohibits a school district from using
funds appropriated pursuant hereto for compensatory and remedial
programs in summer school in the following fiscal year."
J. Section 59-63-50 of the 1976 Code, as last amended by Section
3 of Subpart 2 of Subdivision A of Division II of Section 9 of
Part II of Act 512 of 1984, is further amended to read:
"Section 59-63-50. Each county shall provide to every school in
the county the forms and ink pads necessary to record each
pupil's fingerprints in kindergarten and grades one through
twelve. The State Law Enforcement Division and all local law
enforcement agencies are instructed and authorized to assist
local school authorities in the fingerprinting of school children
in kindergarten and grades one through twelve when the parent of
a child requests in writing that his child be finger-printed for
identification purposes for the protection of the child. The
fingerprints must be given to the student's parents or guardian.
They must be under the custody and control of the school board,
subject only to inspection by school officials, parents,
guardians, or persons permitted by order of the court. When a
child is no longer in regular attendance, the fingerprint
identification must be returned to the child if he is eighteen
years of age or older or to the child's parent or guardian if the
child is under eighteen years of age. The implementation of this
section is a local responsibility and it must be implemented as
the local school board determines appropriate."
K. Section 59-24-30 of the 1976 Code, added by Section 1 of
Subpart I of Subdivision D of Division II of Section 9 of Part II
of Act 512 of 1984, is amended to read:
"Section 59-24-30. All school superintendents and principals
must successfully participate every two years in at least one
seminar designed to provide training in improving administrative
skills and instructional leadership. This seminar must receive
prior approval by the State Board of Education."
L. Item (f) of subsection (4) of Section 6 of Act 163 of 1977,
as amended, is further amended to read:
"(f) in accordance with the format approved by the State Board
of Education, annually submit to the State Board of Education and
to the people of the district that district's fiscal report. Each
school district shall annually submit to the State Board of
Education and to the people of the district that district's
programmatic report including results of the required testing
program, the annual long-range plan, and the evaluation of
program effectiveness by November fifteenth of each year."
M. Section 3 of Subpart 3 of Subdivision E of Division II of
Section 9 of Part II of Act 512 of 1984 is amended to read:
"Section 3. The State Board of Education shall provide an
assessment of this act for consideration by the
Business-Education Partnership, the Committee on Financing
Excellence in Public Education, and the General Assembly. A
special assessment shall be provided on March 1, 1985. Commencing
in 1985, an annual assessment must be provided by December first
of each year and an appropriate amount of funding must be
provided for this purpose. The Business-Education Partnership and
the Committee on Financing Excellence in Public Education shall
submit their recommendations to the General Assembly prior to
January first."
N. Section 3 of Subpart 4 of Subdivision C of Division II of
Section 9 of Part II of Act 512 of 1984 is amended to read:
"Section 3. The State Board of Education, acting through the
State Department of Education, shall establish and administer a
competitive grant program whereby teachers will be awarded grants
for the purpose of improving teaching practices and procedures
within the budgetary limitations authorized by the General
Assembly. The respective local school districts shall act as the
fiscal agent for the grants. For purposes of this section the
term 'teacher' includes teachers, librarians guidance counselors,
and media specialists."
O. The third paragraph of an unnumbered item of Section 59-5-65
of the 1976 Code, which item is unofficially designated as item
(9) of the Code section and which item was added by Section 1 of
Subpart 3 of Subdivision B of Division II of Section 9 of Part II
of Act 512 of 1984 is amended to read:
"Definition of Compensatory Education Program. Compensatory
education programs are those which serve the most severe cases of
educational deprivation and may include children with learning
disabilities or handicaps for whom the compensatory program would
be beneficial. These programs serve students for a specific
period of time on a daily basis in relatively small group
settings and are designed for several years' duration. However,
student progress is periodically evaluated to determine
appropriate placement. Regular classroom activities are adjusted
significantly to accommodate the learning needs of these special
students."
SECTION 9 A
TO AMEND SECTION 9 OF PART II OF ACT 512 OF 1984, AS AMENDED,
RELATING TO THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984,
SO AS TO ADD THREE MEMBERS TO THE SELECT COMMITTEE CREATED TO
MAKE RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION ON
IMPLEMENTING THE ACT.
The second paragraph of Section 1 of Subpart 3 of Subdivision E
of Division II of Section 9 of Part II of Act 512 of 1984 is
amended to read:
"The committee shall consist of the following persons:
(1) Speaker of the House of Representatives or his designee and
a member of the House of Representatives appointed by the
Speaker.
(2) Lieutenant Governor or his designee and a member of the
Senate appointed by the Lieutenant Governor.
(3) Chairman of the Education and Public Works Committee of the
House of Representatives or his designee.
(4) Chairman of the Education Committee of the Senate or his
designee.
(5) State Superintendent of Education or his designee.
(6) Chairman of the Commission on Higher Education or his
designee.
(7) Governor or his designee and a member appointed by the
Governor.
(8) Chairman of the Ways and Means Committee of the House of
Representatives or his designee.
(9) Chairman of the Finance Committee of the Senate or his
designee."
SECTION 9 B
TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59 OF THE 1976 CODE BY
ADDING SECTION 59-1-445 SO AS TO, AMONG OTHER THINGS, MAKE IT
UNLAWFUL TO VIOLATE SECURITY PROCEDURES FOR MANDATORY TESTS
ADMINISTERED BY OR THROUGH THE STATE BOARD OF EDUCATION, TO
PROVIDE A PENALTY FOR VIOLATIONS, INCLUDING LOSS OF TEACHING OR
ADMINISTRATIVE CREDENTIALS OR BOTH, TO PROVIDE THAT THE SOUTH
CAROLINA LAW ENFORCEMENT DIVISION SHALL INVESTIGATE ALLEGATIONS
OF VIOLATIONS OF MANDATORY TEST SECURITY AND REPORT ITS FINDINGS
TO THE STATE SUPERINTENDENT OF EDUCATION, AND TO PROVIDE THAT
NOTICING IN SECTION 59-1-445 MAY BE CONSTRUED TO PROHIBIT OR
INTERFERE WITH RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION
OR THE STATE DEPARTMENT OF EDUCATION IN CERTAIN ACTIVITIES; AND
TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE TEST
SECURITY REGULATIONS.
A. Article 5 of Chapter 1 of Title 59 of the 1976 Code is
amended by adding:
"Section 59-1-445. (1) It is unlawful for anyone knowingly and
wilfully to violate security procedures regulations promulgated
by the State Board of Education for mandatory tests administered
by or through the State Board of Education to students or
educators, or knowingly and wilfully to:
(a) Give examinees access to test questions prior to testing;
(b) Copy, reproduce, or use in any manner inconsistent with test
security regulations all or any portion of any secure test
booklet;
(c) Coach examinees during testing or alter or interfere with
examinees' responses in any way;
(d) Make answer keys available to examinees;
(e) Fail to follow security regulations for distribution and
return of secure test as directed, or fail to account for all
secure test materials before, during, and after testing;
(f) Participate in, direct, aid, counsel, assist in, encourage,
or fail to report any of the acts prohibited in this section.
Any person violating the provisions of this section or
regulations issued hereunder is guilty of a misdemeanor and upon
conviction must be fined not more than one thousand dollars or be
imprisoned for not more than ninety days, or both. Upon
conviction, the State Board of Education may suspend or revoke
the administrative or teaching credentials, or both, of the
person convicted.
(2) The South Carolina Law Enforcement Division shall
investigate allegations of violations of mandatory test security,
either on its own initiative following receipt of allegations, or
at the request of a school district or the State Department of
Education.
The South Carolina Law Enforcement Division shall furnish to the
State Superintendent of Education a report of the findings of any
investigation conducted pursuant to this section.
(3) Nothing in this section may be construed to prohibit or
interfere with the responsibilities of the State Board of
Education or the State Department of Education in test
development or selection, test-form construction, standard
setting, test scoring, and reporting, or any other related
activities which in the judgment of the State Superintendent of
Education are necessary and appropriate."
B. The State Board of Education shall by regulation establish
detailed mandatory test security procedures.
SECTION 9 C
TO AMEND SECTION 59-29-170 OF THE 1976 CODE, RELATING TO PROGRAMS
FOR GIFTED AND TALENTED STUDENTS AT THE ELEMENTARY AND SECONDARY
SCHOOL LEVELS, SO AS TO ALLOCATE FIFTEEN THOUSAND DOLLARS
ANNUALLY FOR GIFTED AND TALENTED PROGRAMS TO CERTAIN SCHOOL
DISTRICTS.
Section 59-29-170 of the 1976 Code, added by Section 2 of
Subpart 4 of Subdivision A of Division II of Section 9 of Part II
of Act 512 of 1984, is amended to read:
"Section 59-29-170. Not later than August 15, 1987, all gifted
and talented students at the elementary and secondary levels must
be provided programs during the regular school year or during
summer school to develop their unique talents in the manner the
State Board of Education must specify. The select committee shall
study the implementation of this section and report its findings
to the General Assembly by July 1, 1986. By August 15, 1984, the
State Board of Education shall promulgate regulations
establishing the criteria for student eligibility in Gifted and
Talented Programs.
The funds appropriated for Gifted and Talented Programs under
the Education Improvement Act of 1984 must be allocated to the
school districts of the State on the basis that the number of
gifted and talented students served in each district bears to the
total of all those students in the State. However, districts
unable to identify more than forty students using the selection
criteria established by regulations of the State Board of
Education shall receive fifteen thousand dollars annually."
SECTION 10
TO AUTHORIZE STATE AGENCIES TO PAY MOVING EXPENSE' FOR
NEWLY-EMPLOYED PERSONNEL UNDER CERTAIN CIRCUMSTANCES.
A state agency may pay the cost of moving the personal and
household effects for newly-employed personnel if all of the
following conditions are met:
(a) The new employee's place of residence outside of the State
of South Carolina at the time of employment by the agency.
(b) The agency can demonstrate that paying the costs is
necessary to fill the position.
(c) The maximum payment in any instance to the new employee may
not exceed five thousand dollars.
(d) The payment is certified by the agency head (or the board or
commission chairman if the new employee is the agency head) as
the total paid by the agency toward the total moving cost
incurred by the new employee.
(e) The amount certified by the agency approved by the Budget
and Control Board.
SECTION 11
TO FIX THE SALARIES OF CERTAIN STATE OFFICERS EFFECTIVE IN 1987
AND TO PROVIDE FOR INCREASES IN THESE SALARIES IN 1987 AND IN
SEVERAL SUCCEEDING YEARS.
Effective on the day they assume office in 1987 the annual
salaries of the state officers listed below are as follows:
Governor $80,000
Lieutenant Governor 35,000
Secretary of State 68,000
State Treasurer 68,000
Attorney General 68,000
Comptroller General 68,000
Superintendent of Education 68,000
Adjutant General 68,000
Commissioner of Agriculture 68,000
these salaries must be increased by two percent on July 1, 1987,
and on July first of each succeeding year through July 1, 1990.
SECTION 12
TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER TO A
POLITICAL SUBDIVISION OWNERSHIP OF A NATIONAL GUARD ARMORY BEING
REPLACED AND DECLARED SURPLUS ON A CERTAIN CONDITION.
The State Budget and Control Board may transfer to a political
subdivision ownership of a national guard armory being replaced
and declared surplus if the political subdivision has donated
real property for use as a site for a replacement armory.
SECTION 13
TO AMEND SECTION 61-5-80, AS AMENDED, OF THE 1976 CODE, RELATING
TO LICENSE FEES TO SELL ALCOHOLIC BEVERAGES, SO AS TO INCREASE
THE LICENSE FEE FOR A NONPROFIT ORGANIZATION TO SELL ALCOHOLIC
BEVERAGES IN CONTAINERS OF TWO OUNCES OR LESS FROM FIVE HUNDRED
DOLLARS TO SEVEN HUNDRED FIFTY DOLLARS.
Item 1 of Section 61-5-80 of the 1976 Code is amended to read:
"(1) Seven hundred fifty dollars a year for a nonprofit
organization, as defined in subsection (3) of Section 61-5-20;".
SECTION 14
TO AMEND SECTION 12, PART II OF ACT 512 OF 1984, RELATING TO THE
ELIGIBILITY FOR THE STATE HEALTH INSURANCE PLAN OF CERTAIN STATE
AND SCHOOL DISTRICT EMPLOYEES TERMINATING EMPLOYMENT, SO AS TO
PROVIDE THAT ALL STATE AND SCHOOL DISTRICT EMPLOYEES EMPLOYED
PRIOR TO JULY 1, 1984, WHO WERE ELIGIBLE OR WOULD HAVE BEEN
ELIGIBLE UPON COMPLETION OF FIVE YEARS' SERVICE FOR THE STATE
HEALTH INSURANCE PLAN BECOME ELIGIBLE FOR THE PLAN EFFECTIVE WITH
THE DATE OF THEIR RETIREMENT.
Section 12, Part II of Act 512 of 1981 is amended by adding at
the end:
"All state and school district employees employe prior to July
1, 1984, who were eligible or would have been eligible upon
completion of five year service for the State Health Insurance
Plan ar exempt from the above provisions and become eligible for
the plan effective with the date of their retirement."
SECTION 15
TO AMEND SECTION 61-5-180, AS AMENDED, OF THE 197 CODE, RELATING
TO TWENTY-FOUR HOUR TEMPORARY PERMITS TO POSSESS, SELL, AND
CONSUME ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR
LESS UNDER CERTAIN CONDITIONS INCLUDING THE APPROVAL BY A COUNTY
OR MUNICIPALITY IN A REFERENDUM, SO AS TO PROVIDE THAT THE
EXPENSES OF THE REFERENDUM MUST BY PAID BY THE COUNTY OR
MUNICIPALITY CONDUCTING INSTEAD OF FROM THE STATE GENERAL FUND.
The last paragraph of Section 61-5-180 of the 1976 Code, as last
amended by Section 63, Part I of Act 512 of 1984, is further
amended to read:
"The expenses of any such referendum must be paid by the county
or municipality conducting the referendum."
SECTION 16
TO AMEND SECTION 2-15-50 OF THE 1976 CODE RELATING TO THE
LEGISLATIVE AUDIT COUNCIL AND THE DEFINITION OF "STATE AGENCIES",
SO AS TO PROVIDE A DEFINITION OF "AUDIT"; AND TO AMEND CHAPTER 15
TITLE 2, AS AMENDED, RELATING TO THE LEGISLATIVE AUDIT COUNCIL,
BY ADDING SECTION 2-15-61 SO AS TO PROVIDE THAT THE LEGISLATIVE
AUDIT COUNCIL SHALL HAVE ACCESS TO THE RECORDS AND FACILITIES OF
EVER STATE AGENCY DURING THAT AGENCY'S OPERATING HOURS, WITH
CERTAIN EXCEPTIONS, AND BY ADDING SECTION 2-15-62 SO AS TO
SUBJECT STAFF OF THE LEGISLATIVE AUDIT COUNCIL TO STATUTORY
PROVISIONS AND PENALTIES REGARDING CONFIDENTIALITY OF RECORDS OF
THE AGENCY UNDER REVIEW.
A. Section 2-15-50 of the 1976 Code is amended by adding at the
end:
"For the purposes of this chapter 'audit' means a broad-scope
examination of and investigation into all state agency matters
relating to: (a) compliance by state agencies with all applicable
state and federal laws and regulations; (b) the efficiency and
the economy of state agency operations; and (c) the effectiveness
of state agencies in achieving desired program results."
B. Chapter 15 of Title 2 of the 1976 Code is amended by adding:
"Section 2-15-61. For the purposes of carrying out its audit
duties under this chapter, the Legislative Audit Council shall
have access to the records and facilities of every state agency
during that agency's operating hours with the exception of
reports and returns of the South Carolina Tax Commission as
provided in Sections 12-7-1680 and 12-35-1530."
C. Chapter 15 of Title 2 of the 1976 Code is amended by adding:
"Section 2-15-62. In the performance of their audit duties,
Legislative Audit Council staff members are subject to the
statutory provisions and penalties regarding confidentiality of
records of the agency under review."
SECTION 17
TO AMEND SECTION 44-7-510 OF THE 1976 CODE, RELATING TO THE
DEFINITION OF COMMUNITY RESIDENTIAL CARE FACILITIES, SO AS TO
PROVIDE THAT THE FACILITIES DO NOT INCLUDE COMMUNITY TRAINING
HOMES SPONSORED OR CERTIFIED BY THE STATE MENTAL RETARDATION
DEPARTMENT; AND TO AMEND SECTION 44-7-520, RELATING TO THE
LICENSING OF COMMUNITY RESIDENTIAL CARE FACILITIES, SO AS TO
DELETE THE REQUIREMENT THAT NO FACILITY MAY BE LOCATED WITHIN
THREE-QUARTERS MILE OF ANOTHER FACILITY.
A. Section 44-7-510 of the 1976 Code is amended to read:
"Section 44-7-510. As used in this article, community
residential care facility includes an institution, place,
building, or agency providing for a period exceeding twenty-four
consecutive hours' accommodation, board, and a degree of personal
assistance in feeding, dressing, or other essential daily living
activities to two or more individuals not related to the
administrator or owner of the facility within the third degree of
consanguinity. These individuals, by reason of age, or physical
or mental infirmity, are unable to care sufficiently or properly
for themselves or manage their own affairs but do not require the
daily services of a registered or license practical nurse. A
community residential care facility includes any chemical abuse
residential treatment facility such as a half-way house and other
facilities providing inpatient or detoxification services. This
article does not include foster family care or residential care
facilities serving children and adolescents and licensed by the
State Department of Social Services, the Children's Bureau of
South Carolina, chemical abuse residential treatment facilities
operated by the State Department of Mental Health, or Community
Training Homes sponsored or certified by the State Mental
Retardation Department."
B. Subsection B of Section 44-7-520 of the 1976 Code is amended
to read:
"B. Prior to a community care facility being licensed for
operation in an area which is outside incorporated areas of a
county, the following conditions must be met:
(1) The governing body for the area must be given notice of the
proposed location.
(2) Where the governing body objects to the proposed site for
the facility, the arbitration procedures set forth in Act 449 of
1978 must be employed."
SECTION 18
TO AMEND SECTION 40-13-30, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE STATE BOARD OF COSMETOLOGY, SO AS TO ADD ONE MEMBER TO THE
BOARD WHO MUST BE EITHER AN ESTHETICIAN OR A MANICURIST.
The first paragraph of Section 40-13-30 of the 1976 Code, as
last amended by Act 388 of 1982, is further amended to read:
"There is created the State Board of Cosmetology (board)
composed of six members appointed by the Governor for terms of
four years and until their successors are appointed and qualify.
Vacancies are filled in the manner of original appointment for
the unexpired terms. Recommendations for appointment may be made
by the board and other interested groups or persons. The
recommendations must be submitted to the Governor not later than
the thirty-first day of December of the year prior to the year in
which appointments are made. Four members of the board must be
experienced cosmetologists and must have been in the practice of
cosmetology in this State for at least five years prior to
appointment. One member must not be connected with the practice
of cosmetology. One member must be either an esthetician or a
manicurist."
SECTION 19
TO AMEND CHAPTER 6 OF TITLE 44 OF THE 1976 CODE, RELATING TO THE
STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, BY ADDING
SECTIONS 44-6-5 AND 44-6-140 THROUGH 44-6-200, AND TO AMEND
ARTICLE 3 OF CHAPTER 7 OF TITLE 44, RELATING TO THE STATE
HOSPITAL CONSTRUCTION AND FRANCHISING ACT, BY ADDING SECTION
44-7-355 SO AS TO PROVIDE FOR A PLAN TO ASSIST THE MEDICALLY
INDIGENT, REQUIRE THE STATE HEALTH AND HUMAN SERVICES FINANCE
COMMISSION AND THE DEPARTMENT OF INSURANCE TO CONDUCT A STUDY OF
LOW INCOME FAMILIES WITH BURDENSOME MEDICAL EXPENSES, REQUIRE THE
OFFICE OF THE GOVERNOR AND THE DIVISION OF HUMAN RESOURCE
MANAGEMENT OF THE BUDGET AND CONTROL BOARD TO STUDY CURRENT
METHODS OF PROVIDING HEALTH CARE BENEFITS TO STATE EMPLOYEES,
REQUIRE THE DEPARTMENT OF INSURANCE TO REVIEW INDIVIDUAL AND
GROUP HEALTH PLANS AVAILABLE IN THE STATE, REQUIRE THE HEALTH
CARE PLANNING AND OVERSIGHT COMMITTEE TO STUDY THE DEVELOPMENT
OF
COMPETITIVE MODEL FOR THE STATE HEALTH CARE SYSTEM TO PROVIDE FOR
CERTAIN PROVISIONS NOT TO TAKE EFFECT IF FEDERAL FUNDS ARE NOT
AVAILABLE, TO PROVIDE THAT NO PERSON MAY BE DENIED EMERGENCY CARE
BY A HOSPITAL REGARDLESS OF ABILITY TO PAY, TO REQUIRE THE STATE
DEPARTMENT OF EDUCATION TO INVESTIGATE THE FEASIBILITY OF FUNDING
AN IMPLEMENTING IN SCHOOL DISTRICTS HEALTH EDUCATION
REQUIREMENTS, AND PROVIDE PENALTIES.
Whereas, the General Assembly finds that:
(1) There are citizens who cannot afford to pay for hospital
care because of inadequate financial resources or catastrophic
medical expenses.
(2) Rising health care costs and the growth of the medically
indigent population have increase the strains on the health care
system with a growing burden on the hospital industry, health
insurance companies, and paying patients.
(3) This burden has affected businesses, which are large
purchasers of health care service through employee insurance
benefits, and taxpayer in counties which support public
hospitals, and it causes the cost of services provided to paying
patients to increase in a manner unrelated to the actual cost of
services delivered to them.
(4) Hospitals which provide the bulk of unreimbursed services
cannot compete economically with hospitals which provide
relatively little care to indigent persons.
(5) Because of the complexity of the health care system, any
effort to resolve the problem of paying for care for medically
indigent persons must be multifaceted and shall include at least
four general principles:
(a) Funds must be made available to assure continued access to
quality health care for medically indigent patients.
(b) Cost containment measures and competitive incentives must
be placed into the health care system along with the additional
funds.
(c) The cost of providing indigent care must be equitably
borne by the State, the counties, and the providers of care.
(d) State residents must be guaranteed access to emergency
medical care regardless of their ability to pay or county of
residence; and
Whereas, it is the intent of the General Assembly to:
(1) assure care for the largest possible number of its
medically indigent citizens within funds available by:
(a) expanding the number of persons eligible for Medicaid
services, using additional state and county funds to take
advantage of matching federal funds;
(b) creating a fund based on provider and local government
contributions to provide medical assistance to those citizens who
do not qualify for Medicaid or any other government assistance
and who do not have the means to pay for hospital care; and
(c) mandating access to emergency medical care for all state
residents in need of the care;
(2) Provide incentives for cost containment to providers of
care to indigent patients by implementing a prospective payment
system in the Medicaid and Medically Indigent Assistance Fund
programs;
(3) monitor efforts to foster competition in the health care
market place while being prepared to make adjustments in the
system through regulatory intervention if needed;
(4) promote market reforms, as the single largest employer in
the State, by structuring its health insurance program to
encourage healthy lifestyles and prudent use of medical services;
and
(5) reduce where possible or maintain the current rate
schedules of hospitals to keep costs from escalating. Now
therefore,
A. This act shall be known and may be cited as the "South
Carolina Medically Indigent Assistance Act".
B. Chapter 6 of Title 44 of the 1976 Code is
"Section 44-6-5. As used in this chapter:
(1) 'Commission' means the State Health and Human Services
Finance Commission.
(2) 'Division' means the Division of Research and Statistical
Services of the State Budget and Control Board.
(3) 'Costs of medical education' means the direct and indirect
teaching costs as defined under Medicare.
(4) 'Market basket index' means the index used by the federal
government on January 1, 1986, to measure the inflation in
hospital input prices for Medicare reimbursement. If that measure
ceases to be calculated in the same manner, the market basket
index must be developed and regulations must be promulgated by
the commission using substantially the same methodology as the
federal market basket uses on January 1, 1986. Prior to
submitting the regulations concerning the index to the General
Assembly for approval pursuant to the Administrative Procedures
Act, the commission shall submit them to the Health Care Planning
and Oversight Committee for review.
(5) 'Medically indigent' means:
(a) all persons whose gross family income and size falls at
or below the federal Community Service Administration guidelines
and who meet certain qualifying criteria regarding real property
allowance, qualifying services, residency requirements, and other
sponsorship, and migrant or seasonal farm workers who have no
established domicile in any state; and
(b) all persons whose gross family income and size falls
between one hundred percent and two hundred percent of the
Community Service Administration guidelines who meet certain
other qualifying criteria regarding real property allowance,
qualifying services, residency requirements, and other
sponsorship and whose medical bill is sufficiently large in
relation to their income and resources to preclude full payment.
For the purposes of this definition, the qualifying criteria for
real property allowance shall permit ownership of up to fifty
acres of farmland upon which the family has resided for at least
twenty-five years.
(6) 'Net inpatient charges' means the total gross inpatient
charges, minus the unreimbursed cost of medical education and the
unreimbursed cost of providing medical care to medically indigent
persons. The cost of care provided by a hospital to meet its
Hill-Burton obligation is not considered an unreimbursed cost of
providing medical care to medically indigent persons.
(7) 'South Carolina growth index' means the percentage points
added to the market basket index to adjust for the South Carolina
specific experience. The Health Care Planning and Oversight
Committee shall complete a study which identifies and quantifies
those elements which should be included in the growth index. The
elements may include, but are not limited to: population
increases, aging of the population, changes in the type and
intensity of hospital services, technological advances, the cost
of hospital care in South Carolina relative to the rest of the
nation, and needed improvements in the health status of state
residents. Based on the study, the commission shall develop and
promulgate regulations for the annual computation of the growth
index. Prior to submitting the regulations concerning the index
to the General Assembly for approval pursuant to the
Administrative Procedures Act, the commission shall submit them
to the Health Care Planning and Oversight Committee for review.
Until a formula for computing the South Carolina growth index is
promulgated, the annual index must be six and six-tenths percent
which is equal to the average percentage difference between South
Carolina hospital expenditures and the federal market basket
index for the previous ten years.
(8) 'State resident' means a person who is domiciled in South
Carolina. A domicile once established is lost or changes only
when one moves to a new locality with the intention of abandoning
his old domicile and intends to live permanently or indefinitely
in the new locale. (9) 'Target rate of increase' means the
federal market basket index as modified by the South Carolina
growth index.
(10) 'General hospital' means any hospital licensed as a general
hospital by the Department of Health and Environmental Control."
C. Chapter 6 of Title 44 of the 1976 Code is amended by adding:
"Section 44-6-140. (A) To provide cost containment incentives
for providers of care to Medicaid recipients, the commission
shall convert the Medicaid hospital reimbursement system from a
retrospective payment system to a prospective payment system by
October 1, 1985. The prospective payment system includes, at a
minimum, the following elements:
(1) a maximum allowable payment amount established for
individual hospital products, services, patient diagnoses,
patient day, patient admission, or per patient, or any
combination thereof, which is preset at the beginning of the
state's fiscal year and fixed for the entirety of the state's
fiscal year. This payment must be based on hospital costs rather
than hospital charges. The commission shall set by regulation
those circumstances under which a hospital may seek an exception.
The maximum allowable payment amount must be weighted to allow
for the costs of medical education and primary, secondary, or
tertiary care considerations;
(2) payment on a timely basis to the hospital by the
commission or patient, or both, of the maximum allowable payment
amount determined by the commission; and
(3) acceptance by the hospital of the maximum payment amount
as payment in full which shall include any deductible or
copayment provided for in the state Medicaid program.
(B) The commission shall at the same time implement other cost
containment measures which shall include, but not be limited to,
the following:
(1) utilization reviews for appropriateness of treatment and
length of stay;
(2) preadmission certification of nonemergency admissions;
(3) mandatory outpatient surgery in appropriate cases;
(4) a second surgical opinion pilot study; and
(5) procedures for encouraging the use of outpatient services.
The commission, to the fullest extent possible, shall utilize
information required in this subsection in the form hospitals are
presently submitting the information to other governmental
agencies or in the form hospitals are presently utilizing the
information within the hospital.
(C) County governments shall provide five and one-half million
dollars annually for use as matching funds for Medicaid services
and to implement and maintain subsection (B) of this section.
Each county is assessed its share of this cost based on the
formula in subsection (C) of Section 44-6-150(C).
Section 44-6-150. (A) Effective January 1, 1986, there is
created the South Carolina Medically Indigent Assistance Fund,
administered by the commission and funded initially by an
assessment against each general hospital in the State and by an
assessment against each county in the State. The total initial
contribution and all subsequent contributions to the fund by
general hospitals must be equal to the contributions of the
counties. The State Treasurer shall deposit these funds in a fund
separate and distinct from the state general fund. Monies
deposited into the Medically Indigent Assistance Fund must be
used solely to compensate general hospitals for providing medical
care to medically indigent persons. Funds not expended for these
purposes during a given year are carried forward to the
succeeding year for the same purposes. Earnings on investments
from this fund shall remain part of the separate fund and must
not be deposited in the general fund. In the event of a shortage
of funds in any given year, no additional assessments are to be
made against the counties or general hospitals nor is the State
responsible for providing any funds.
(B) The total amount of the Medically Indigent Assistance Fund
is determined by the General Assembly in the annual
appropriations act. Prior to January first of each year, the
commission shall advise the General Assembly of the changes it
recommends in the total amount of the fund, the funding formulas,
and the entities contributing to the fund. These recommendations
must be based or the data gathered pursuant to subsection (A) of
Section 44-6-170. Two months before submitting its
recommendations to the General Assembly, the commission shall
send a copy of the recommendations to the chief administrative
officer of each county.
(C) For the first two years, each county is assessed its portion
for the Medically Indigent Assistance Fund based on a formula
which equally weighs the following factors in each county:
property value, per capita income, and net taxable sales. For the
third and subsequent years, each county will be assessed its
portion for the Medically Indigent Assistance Fund based on a
formula which equally weighs the following factors in each
county: property value, per capita income, net taxable sales, and
the previous two years of claims against the fund by county
residences. If a trust fund has been established in a county to
fund indigent care in the county, contributions to the Medically
Indigent Assistance Fund from the trust fund on behalf of the
county must be credited against the county assessment.
Each general hospital in the State will be assessed its pro rata
share of the hospital industry contribution of the Medically
Indigent Assistance Fund each year, based on its prior year's
ratio of total net to gross patient revenue, multiplied by the
total number of patient days. Net patient revenue for purposes
of this assessment formula is defined as gross patient revenue
less contractual allowances, bad debts, uncompensated indigent
care, property taxes, and state and federal income taxes.