Bill 3610

129.1.(Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies, departments and institutions of state government, to provide at no cost and as a part of the regular services of the agency, department or institutions such services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary Commitment), 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. 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 or employees who are not fulltime state employees and who are not performing duties as state employees are not considered state employees.

129.2. (Capital Improvement Bond Balance Transfer) After review by the Joint Bond Review Committee, the State Budget and Control Board may transfer to the Bond Contingency Revolving Fund any capital improvement bond project balances determined not to be usable or needed. Capital improvement bonds issued on behalf of the Mental Health Commission as provided in Act 151 of 1983 and Act 1272 and 1276 of 1970, as amended, or to bonds issued on behalf of the Commission on Mental Retardation as provided in 44-21-1010 et seq. are exempt. Before accomplishing a transfer of this type, the required determination must be made by the agency for which the funds were authorized or by the Board if the agency no longer exists and the Board must find that the purpose for which the funds were authorized has been achieved.

129.3. (Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies appropriated case services funds who routinely receive prior year case service billings after the old fiscal year has been officially closed are authorized to pay these case service obligations with current funds. This authorization does not apply to billings on hand that have been through a timely agency payment approval process when the old fiscal year closes.

129.4. (Credit Cards for Goods & Services) 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.

129.5. (Warrant Requisitions, Deposits) 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. No requisitions for warrants shall be processed for any amounts less than one dollar. 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. 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.

129.6. DELETED

129.7. (Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health and Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social Services, State Health and Human Services Finance Commission, Division on Aging, Division for Review of the Foster Care of Children, Department of Corrections, and Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year to cover fourth quarter Federal Programs expenses incurred in the prior fiscal year necessitated by the time lag of federal reimbursement.

129.8. (Federal Funds, Donations, Deposited in State Treasury) 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. 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 fulfill the purposes and conditions of the said donations, or contributions, if specified, and, if not specified, as maybe directed by the proper authorities of the department. 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.

129.9. (Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may increase an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this paragraph.

(B) This paragraph does not apply to:

(1) state supported governmental health care facilities;

(2) state supported schools, colleges, and universities;

(3) educational, entertainment, recreational, cultural, and training programs;

(4) the State Board of Financial Institutions;

(5) sales by state agencies of goods or tangible products produced for or by these agencies;

(6) charges by state agencies for room and board provided on state owned property;

(7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;

(8) court fees or fines levied in a judicial oradjudicatory proceeding;

(9) the South Carolina Public Service Authority or the South Carolina Ports Authority.

(C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees for services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees for health care and laboratory services regardless of whether the fee is set by statute.

(D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State Administrative Procedures Act.

129.10. (POLA, 110%, Other Funds) The Professional and Occupational Licensing Agencies referred to in Section 11-5-210 of the 1976 Code and the State Athletic Commission shall operate with Earmarked Other Funds authorization and shall generate revenue at least equal to 110% of their expenditures for the current fiscal year but not less than the agency remitted to the General Fund above expenditures in the prior fiscal year. The State Budget Division shall establish a schedule for revenues remitted to the General Fund on each agency and shall monitor to ensure all revenues above expenditures go directly to the General Fund for the current fiscal year.

129.11. (State Institutions Revenues & Income) The University of South Carolina, Clemson University, the Medical University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University, Francis Marion University, University of Charleston, Lander University 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 129.5 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. 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.

129.12. (BCB Authority Agency Surveys, Facilities Studies & Bonds) 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 fullpower 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. 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. 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.

The Division of General Services may contract to develop an energy utilization management system for state facilities under its control and to assist other agencies and departments in establishing similar programs following all applicable laws and regulations, but no capital expenditures are authorized hereby.

129.13. (Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within programs and within the agency with notification to the State Budget Division and Comptroller General. No such transfer may exceed twenty percent of the program budget. Upon request, details of such transfers may be provided to members of the General Assembly on an agency by agency basis. Transfers of appropriations from personal service accounts to other operating accounts or from other operating accounts to personal service accounts may be restricted to any established standard level set by the Budget and Control Board upon formal approval by a majority of the members of the Budget and Control Board.

129.14. (Bank Procedures State Treasury A Bank) 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.

129.15. DELETED

129.16. (Federal Funds DHEC, DSS, HHSFC, Aging Disallowances) Amounts appropriated to the Department of Health and Environmental Control, Department of Social Services, State Health and Human Services Finance Commission, and Division on Aging may be expended to cover program operations of prior fiscal years where adjustment of such prior years are necessary under federal regulations or audit exceptions. All disallowances or notices of disallowances by any 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.

129.17. (Family Foster Care Payments) The Department of Disabilities & Special Needs, Department of Social Services, and Department of Juvenile Justice shall furnish as Family Foster Care payments for individual foster children under their sponsorship:

          ages 0-5       $182 per month
          ages 6-12      $209 per month
          ages 13-       $275 per month

129.18. (Fixed Student Fees) During the current fiscal year, 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 except those operating or capital expenses related to the removal of asbestos.

(2) Student Activity Fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary.

129.19. (Tech Educ Colleges - Student Activity Fees) 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.

129.20. (Educational Fee Waivers) The institutions of higher education may offer educational fee waivers to no more than two percent of the undergraduate student body.

129.21. (Human Services Coordinating Council Creation) The General Assembly finds that the operation of health and human services may be enhanced by closer working relationships among agencies at the state and local level. The General Assembly finds that coordination at both levels provides opportunities to serve the citizens of South Carolina better through(1) continued expansion of services integration and (2) stronger communication among agencies delivering services.

In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of service integration in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the Council. The Council shall consist of:

(1) The chairperson of the boards of the following agencies: Division on Aging, Department of Alcohol and Other Drug Abuse Services, Commission for the Blind, Division for Review of the Foster Care of Children, Department of Education, Department of Health and Environmental Control, State Health and Human Services Finance Commission, Department of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities & Special Needs, School for Deaf and Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad Litem Program, Continuum of Care for Emotionally Disturbed Children, Educational Television, Wil Lou Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and Development Authority.

These chairpersons shall receive the usual mileage, subsistence, and per diem provided by law for members of committees, boards, and commissions. Mileage, subsistence,and per diem must be paid from the approved accounts of their respective boards or commissions.

(2) The Director or Chief Executive Officer of each of the following: Division on Aging, Department of Alcohol and Other Drug Abuse Services, Commission for the Blind, Division for Review of the Foster Care of Children, Department of Education, Department of Health and Environmental Control, State Health and Human Services Finance Commission, Department of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities and Special Needs, School for Deaf and Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad Litem Program, Continuum of Care for Emotionally Disturbed Children, Educational Television, Wil Lou Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and Development Authority.

(3) The Governor or his designee.

(4) Other such members as the Council shall deem appropriate.

The Council shall:

(1) Select a Board Chairperson, Director or Chief Executive Officer on an annual basis to serve as the Council Chairperson.

(2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies. The Council shall have as its goals:

(1) Identify and address priority health and human needs and promote the availability of responsive resources.

(2) Promote cost effective, efficient approaches for the delivery of health and human services which include prevention, education, reduction of dependency, promotion of self sufficiency and delivery of services in the least restrictive, most appropriate community based and institutional settings.

(3) Provide coordination between the council members and the Health and Human Services Finance Commission in the development of the comprehensive State Health and Human Services Plan.

(4) In cooperation with the Health and Human Services Finance Commission, coordinate and oversee efforts to integrate services information among state agencies and between state and local agencies.

(5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and including:

(a) Developing standards for case management activities and coordinating with local entities on service integration efforts, and

(b) Receiving requests for funding of projects designed to further integration of services, including review and approval of such projects.

Member agencies and departments of the Council will provide client information for the Client Masterfile System, as requested by the Council Chair, for statistical analysis purposes and for improving human services delivery systems for South Carolinans. All individual client information submitted by participating agencies or departments will be protected under the State's confidentiality laws and regulations.

129.22. (Alternate Electronic Funds Transfer System) There is established a committee to study an alternate electronic funds transfer system to deliver benefits to qualified recipients. The committee shall consist of one representative from each of the following agencies: the South Carolina Department of Social Services, South Carolina State Health and Human Services Finance Commission, the State Reorganization Commission, and the State Treasurer. One member each shall be appointed by the President of the Senate, the Speaker of the House of Representatives, and the Governor. The Committee shall provide oversight and monitoring of the implementation of the alternate electronic benefit transfer pilot project.

129.23. (Employer Contributions Cost of Agencies) It is the intent of the General Assembly that the amount so provided to each agency or institution for employee benefits 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.

129.24. (Dual Employment) Any employee who is approved for dual employment must be paid in a timely manner. The secondary agency is required to make payment of funds approved for and earned under dual employment within forty-five days of the beginning of the employment.

129.25. (Payroll Schedule & Compensation Restrictions) Except as otherwise provided in this Act, all appropriations for compensation of State Employees shall be paid in twice-monthly installments to the person holding such position. In order to provide a regular and permanent schedule for payment of employees, it is hereby established that the payroll period shall begin on June 2, of the prior fiscal year with the first pay period ending on June 16, of the prior fiscal year. The 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.

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.

No employee of any state department or institution shall be paid any compensation from any other department of the state government except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, 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. 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.

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.

129.26. (Contracts - Private Individuals) Agencies of the state may contract with private individuals for personnel services for periods not to exceed twelve months and for amounts of less than $60,000, notwithstanding any other provision of law.

129.27. (Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote employees without discrimination because of race, color, sex, national origin, age, religion or physical disability. This policy is to apply to all levels and phases of personnel within state government, including but not limited to recruiting, hiring, compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational programs. It is the policy of the State to take affirmative action to remove the disparate effects of past discrimination, if any, because of race, color, sex, national origin, age, religion or physical disability.

Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and sex by October 31, of each year.

In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs Commission shall submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General Assembly by February 1 each year. This report shall contain the total number of persons employed in each job group, by race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted from within the agency during the reporting period, and an indication of whether affirmative action goals were achieved.

For each job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the percentage goals established in the agency's affirmative action plan for the year in question, the State agency shall submit a detailed explanation to the Human Affairs Commission by February 15, explaining why goals were not achieved.

The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency not in satisfactory compliance with meeting its stated goals.

The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations for the current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation with the Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative action plan, and that the compliance must be accomplished within a reasonable length of time to be determined by the mission and circumstances of the agency. This requirement shall not affect additional appropriation requests for public assistance payments or aid to entities.

This section does not apply to those agencies that have been exempted from the reporting requirements of the Human Affairs Commission.

129.28. (RIF, Recall Procedures, Residency Preference) 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.

129.29. (Temporary Grant Funded Positions) Notwithstanding any other provision of law or this Act, state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions specified in federal grants, public charity grants, private foundation grants, and research grants approved or authorized by the appropriate state authority in accordance with the following provisions:

A. Only those funds authorized within the approved federal grant, public charity grant, private foundation grant, or research grant can be used to pay the salaries and/or benefits of temporary grant employees hired under this provision.

B. Temporary grant positions, employees, and the conditions of their employment shall be reported in accordance with provisions developed by the Division of Human Resource Management of the Budget and Control Board.

C. Positions established under this provision must be limited to and must not exist beyond the duration of the grant or any subsequent renewal of it. When the grant or any subsequent renewal ends, temporary grant employees must be terminated and their positions will cease to exist. Temporary grant employees will be exempt from the provisions of Sections 8-17-310 through 8-17-380 of the 1976 Code, as amended. State agencies and institutions must terminate all temporary grant positions at any time funding upon which the grant is based is terminated or is insufficient to continue payments under the conditions of the grant.

D. Temporary grant employees may be eligible for the same benefits, excluding permanent or probationary employment status, available to permanent state employees provided that such funds are available within the grant.

E. Temporary grant employees shall be deemed to be employed at will. The temporary grant employee shall not be entitled to any compensation beyond the date of termination, other than for such part of the grant that has been performed.

F. Discretionary determinations by a state agency or institution as to whether to hire an employee pursuant to this proviso are final and not subject to administrative or judicial appeal.

129.30. (Personal Service Reconciliation, FTEs) 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 and those funded from State sources as provided in each section of this Act except by majority 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 majority 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 for State and Total 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 the Appropriation Act or by August 1, whichever comes later, each agency of the State must have established on the Budget and Control Board records all positions authorized in the 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 total number authorized in the Board record of authorized full-time equivalent positions. Each agency may, upon notification to the Budget and Control Board, change the funding source of State FTE positions established on the Budget and Control Board records as necessary to expend federal and other sources of personal service funds in an effort to conserve or stay within the state appropriated personal service funds. No agency shall change funding sources that will cause the agency to exceed the authorized number of state or total full-time equivalent positions.

(b) By September 30, the Board shall prepare a personal service detail, by agency, which shows each position established for the fiscal year and the amount of funds required, by source of funds, to support the position for the fiscal year 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 the Act adjusted for any pay increases, 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 Joint Legislative Committee on Personal Service Financing and Budgeting.

(c) Any position which is shown by the reconciliation to be unfunded or significantly underfunded 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 usea value of 0.75 FTE for each position determined to be full-time faculty with a duration 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 state agency.

4. The Budget and Control Board shall annually reconcile personal service funds with full-time employee count to determine unfunded positions which should be eliminated. The Budget and Control Board must report their findings to the Senate Finance Committee and the Ways and Means Committee by February 1 of the current fiscal year.

5. 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.

6. The provisions of this section shall not apply to personnel exempt from the State Classification and Compensation Plan under Item I of Section 811260 of the 1976 Code. 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).

129.31. (Allowance for Residences & Compensation Restrictions) 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 prerequisites of office or of employment shall be allowed in addition thereto, but such prerequisites, 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. 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. This shall not apply to the Governor's Mansion, nor for department-owned housing used for recruitment and training of Mental Health Professionals, 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 Disabilities & Special Needs, and registered nurses providing clinical care at the MUSC Medical Center, 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 full-time or part-time staff who work after regular working hours in the SLED Communications Center or Maintenance Area, nor to the Directors of John G. Richards Campus, Willow Lane Campus, and the Reception and Evaluation Center at the Department of Juvenile Justice nor to the Residence Dormitory Director and the Assistant Residence Director at the Governor's School for Science and Mathematics. 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.

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.

That the following may be permitted to occupy residences owned by the respective Departments without charge: the Commissioner of the Department of Corrections, the Director of the Department of Mental Health, 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 Juvenile Justice Farm; Director of Wil Lou Gray Opportunity School; President of the School for the Deaf and Blind; house parents for the Commission for the Blind; S.C. Department of Health and Environmental Control personnel at the State Park Health Facility and Camp Burnt Gin; Assistant Director of Residence Life and a student counselor at Lander University; Clemson University's Head Football Coach; the Department of Disabilities & Special Needs physicians and other professionals at Whitten Center, Clemson University Off-Campus Agricultural Staff and Housing Area Coordinators; and University of South Carolina's Manager of Bell Camp Facility, Housing Maintenance Night Supervisors, Residence Life Directors, temporary and transition employees, and emergency medical personnel. 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.

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. The Division of Human Resource Management of the Budget and Control Board is authorized to approve temporary salary adjustments for classified and unclassified employees who perform temporary duties which are limited by time and/or funds. When approved, a temporary salary adjustment shall not be added to an employee's base salary and shall end when the duties are completed and/or the funds expire. 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 as approved by the Division of Human Resource Management shall, nevertheless, be subject to review by the Budget and Control Board. 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. 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. 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. The source of compensation for any position in the State Government shall not be changed without approval of the Budget and Control Board. Commuter mileage on non-exempt state vehicles shall be considered as income and reported by the Comptroller General in accordance with IRS regulations. As long as there is no impact on appropriated funds, state agencies and institutions shall be allowed to spend public funds and/or other funds for designated employee award programs which shall have written criteria approved by the agency governing board or commission. For purposes of this section, monetary awards, if any, shall not be considered a part of an employee's base salary, a salary supplement, or a prerequisite of employment. The names of all employees receiving monetary awards and the amounts received shall be reported annually to the South Carolina Division of Human Resource Management.

129.32. (MUSC Hospital Services Rates) 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 by the employee's insurance program(s). Private physician fees, psychiatry, and all dental are not included.

129.33. (Health Programs for Agency Heads MUSC, USC) 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. 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.

129.34. (Universities & Colleges Allowance for Presidents) Presidents of the University of South Carolina, Clemson University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University, Francis Marion University, University of Charleston, and Lander University 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.

129.35. (Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections, Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs and School for the Deaf and 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 appropriateand 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 $250 per item, per incident. Each agency must have guidelines to insure the reasonableness of the replacement payments.

129.36. (Law Enforcement Officer - Retiree Weapon Purchase) All state employees, who are commissioned law enforcement officers upon retirement, if vested, may purchase their assigned weapon at a nominal fee.

129.37. (Agency Head Business Expense Reimbursement) Agency heads may receive reimbursements for business expenses incurred while performing their official duties, provided that receipts are presented when seeking reimbursement and justification is submitted to document the time, place, and purpose of the expense as well as the names of the individuals involved. The Budget and Control Board shall promulgate regulations governing these expenses.

129.38. (Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of Thirty- five ($35) Dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for service on such boards, commissions or committees.

129.39. (Travel-Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of the Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when accompanying the Governor or the Lieutenant Governor on official state business.

129.40. (Travel Subsistence Expenses & Mileage) 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 B 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. Agencies may contract with lodging facilities to pay on behalf of an employee. Failure to maintain proper control of direct payments for lodging may result in the revocation of the agency's authority by the Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual expenses incurred in the obtaining of meals except that such costs shall not exceed ($20) per day within the State of South Carolina. For travel outside of South Carolina the maximum daily reimbursement for meals shall not exceed ($32). Agencies may contract with food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget and Control Board. 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 charges are reasonable, taking into consideration location, purpose of travel or other extenuating circumstances. The provisions of this item shall not apply to Section 42340 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 ofthe 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 ofthe 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 are 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, but within the circuit in which he resides and within fifty miles of his residence, a Circuit Court Judge or Family Court Judge is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business within his circuit at a location fifty miles or more from his residence or without his circuit, a Circuit Court or Family Court Judge is 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 or Master-in-Equity 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. The members of the Workers' Compensation Commission, Public Service Commission and the Employment Security Commission maybe 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 Workers' Compensation 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 Workers' Compensation 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.

J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business, a charge of 25.5 cents per mile will be allowed for the use of such automobile and the employee shall bear the expense of supplies and upkeep thereof. Whenever State provided motor pool vehicles are reasonably available and their use is practical 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 21.5 cents per mile will be allocated for the use of such vehicle and the employee shall bear the expense of supplies and upkeep thereof. When such travel is by a State-owned automobile, the State shall bear the expense of supplies and up-keep thereof but no mileage will be allowed. Agencies and employees are directed to use State fueling facilities to the maximum extent possible, when such use is cost beneficial to the State. When using commercial fueling facilities, operators of State-owned vehicles are directed to use self-service pumps. 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 and like factors.

Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However, when an employee leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, the employee shall be eligible for reimbursement for actual mileage beginning at his/her residence.

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 is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses and no State agency shall make such advances except under the rules and regulations as published. 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.

129.41. (Asbestos Litigation Funds) All funds involved in the settlement of asbestos litigation cases, with the exception of those funds involving the University of South Carolina system and Clemson University, must be deposited into an interest bearing account in the State Treasurer's Office entitled "Asbestos Expense Trust Account". The University of South Carolina system and Clemson University must deposit all funds involved in the settlement of asbestos litigation into separate institutional interest bearing accounts entitled "Asbestos Expense Trust Account", with each institution's name appropriately captioned in their respective accounts, to be maintained in the State Treasurer's Office. These accounts shall only be used for expenses relating to asbestos litigation, asbestos abatement, or other asbestos related expenses or projects. Such projects must be approved by the Budget and Control Board after review by the Joint Bond Review Committee.

129.42. (State Port Authority Funds Rent) 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.

129.43. (Rental Charges, Collections - State Offices) 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, unless the Budget and Control Board determines otherwise, 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 119 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 non-appropriated 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 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.

129.44. (Annual Accountability Report) Each agency of state government shall prepare an Annual Accountability Report in lieu of an Annual Report to be submitted to the General Assembly. The report shall contain the agency mission, objectives to accomplish the mission, and performance measures that show the degree to which objectives are being met.

129.45. (Organizations Receiving State Appropriations Report) Each organization receiving a contribution in this Act shall render to the state agency making the contribution 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. The funds appropriated in this Act for contributions shall not be expended until the required financial statements are filed with the appropriate state agency. No 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. The State Auditor shall review and audit, if necessary, the financial structure and activities of each organization receiving contributions in 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.

129.46. DELETED

129.47. (Information Technology Report of Requested Increases) The Budget and Control Board, through the Information Technology Planning Process of the Division of Research and Statistical Services, is authorized and directed to identify all expenditures and requested increases for information technology for Agencies, Institutions or Departments, with the exception of colleges and universities, compile the request into one report, evaluate and place priorities on each request, and recommend funding levels. No agency shall commit to expend more funds for information technology than allocated to the agency for the purpose without first receiving an approved transfer of such funds from other budget items.

129.48. (Lump-Sum Agencies Expenditure Report) Beginning with Fiscal Year 1993-94, all lump-sum agencies shall prepare, annually, a year-end expenditure report that reflects total expenditures by source of funds, program, subprogram, personnel by minor object code, and all other expenditures by major object codes as defined by the Comptroller General's Office. This report shall be submitted to the Budget Division of the Budget and Control Board no later than 75 days following the close of each fiscal year.

129.49. (Printing Costs Disclosure on State Publications) All agencies using appropriated funds shall print on the last page of all bound publications the following information:

(1) Total Printing Cost

(2) Total Number of Documents Printed

(3) Cost Per Unit

The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing and Information Technology Resource, the Presidents of each institution of higher education, and the State Board for Technical and Comprehensive Education may exempt from this requirement, documents published by their respective agencies. Agency publications which are produced for resale are also exempt from this requirement.

Publications of public relations nature, produced by Parks, Recreation and Tourism, and the Division of State Development are exempt from this requirement.

129.50. DELETED

129.51. (PORS Retirees Salary $11,500 Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90, a retired member of the System may return to employment covered by the System and earn up to eleven thousand five hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned eleven thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.

129.52. (SCRS Retirees Salary $11,500 Limit) Notwithstanding any other provision of law, a retired member of the System may return to employment covered by the System and earn up to eleven thousand five hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned eleven thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.

129.53. (State Owned Aircrafts Maintenance Logs) Each agency having in its custody one or more aircraft shall maintain a continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated by agencies of the State Government shall be used only for official business. The Division of Aeronautics and other agencies owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, members of state boards, commissions, and agencies and their invitees for official business only; no member of the General Assembly, no member of a state board, commission or committee, and no state official shall use any aircraft of the Division of Aeronautics unless the member or official files within forty-eight hours after the time of departure of the flight with the Division of Aeronautics a sworn statement certifying and describing the official nature of his trip; and no member of the General Assembly, no member of a state board, commission or committee, and no state official shall be furnished air transportation by a state agency other than the Division of Aeronautics unless such agency prepares and maintains in its files a sworn statement from an appropriate official of the agency certifying that the member's or state official's trip was in conjunction with the official business of the agency. Official business shall not include routine transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized.

All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent record of any agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an appropriate official of SLED or the Division of State Development whose confidentiality must, in the opinion of SLED or the Division, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Division of State Development (strike one)" and the appropriate official of SLED or the Division shall certify to the agency operating the aircraft the necessity for such confidentiality.

Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a violating member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them as provided by law.

The above provisions do not apply to aircraft of the Division of Aeronautics when used by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any state-supported institution of higher education. Aircraft owned by agencies of state government shall not be leased to individuals for their personal use.

129.54. (Aircraft Purchased, Leased, Leased-Purchased) 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.

129.55. (Confiscated Air or Water Craft) 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.

129.56. DELETED

129.57. (State Primary Prevention Strategy) The Human Services Coordinating Council is designated as the entity responsible for developing and coordinating the implementation of a plan for a State Primary Prevention Strategy. Primary prevention is defined as programs which seek to prevent the onset of disease, disability or high risk behaviors through the enhancement of individual and community protective factors and the reduction of risk factors. The plan must be submitted to the Governor, Chairman of Ways and Means and Chairman of Senate Finance for approval. Upon their approval, participating agencies are authorized to utilize those funds identified as the State Primary Prevention Strategy in Section 30. The project plan must provide:

1) A primary prevention mission statement;

2) Project objectives;

3) Current and proposed service efforts and accomplishment indicators (input, output, outcomes and efficiency);

4) A description of the anticipated benefits and costs; and

5) An independent evaluator component.

129.58. (Welfare Dependency Plan) The agencies listed below are directed to develop one plan to reform welfare by maximizing strategies to reduce welfare dependence. Welfare is defined as public assistance payments or services provided by Aid to Families with Dependent Children (AFDC),Medicaid, Food Stamps and Housing assistance. This plan shall be submitted to the Governor, Chairman of Ways and Means and Chairman of Senate Finance by November 30, 1993 and must, at a minimum, address the following:

1. Agency missions and objectives for economic self-sufficiency.

2. Delineation of the magnitude of the problem of dependence in terms of dollars presently spent and the projected amount to be spent five years from now.

3. Descriptive statistics on the clients who are prone to long-term dependency and the services needed to address this problem.

4. Mechanisms, including but not limited to contractual arrangements for child support enforcement functions, public/private partnerships and consolidation of current work support and job training efforts, which maximize existing state and federal dollars.

5. Cost benefit, in terms of state, federal and other funds, output and outcome data which measure the effectiveness of the plan.

6. Other state welfare reform efforts, including federal waivers, to decrease the degree of dependency.

7. Innovative local and community based efforts which better coordinate services.

8. Evaluation and assessment components which indicate how well the plan will work.

Agencies designated to participate in the development of this plan include the State Department of Education, State Health and Human Services Finance Commission, Department of Mental Health, Department of Social Services, Employment Security Commission, Department of Vocational Rehabilitation, Department of Health and Environmental Control, Department of Alcohol and Other Drug Abuse Services, Housing Finance and Development Authority and the State Board for Technical and Comprehensive Education. These agencies must designate managerial responsibility and identify the lines of authority for interagency cooperation and development of this plan.

129.59. DELETED

129.60. (Temporary Cash Loan) The Budget and Control Board's Budget Division is hereby authorized to transfer a temporary cash loan, as may be needed, to any POLA agency for startup purposes as an Other Funded agency for FY 93-94 from funds which the Division manages in Section 17. Such funds are to be repaid by POLA agencies as soon as practical, but in no circumstances later than December 31, 1993.

129.61. (Carry Forward) Each agency shall be authorized to carry forward unspent general fund appropriations from the current fiscal year into the next fiscal year, up to a maximum of 5% of its original general fund appropriations less any appropriation reductions for the current fiscal year. Agencies shall not withhold services in order to carry forward general funds.

This provision is suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso, the amount of the general fund surplus/deficit shall be considered after all appropriations from the Capital Reserve Fund have been allowed and before any transfers from the General Reserve. The amount of general funds needed to avoid a year-end deficit shall be reduced proportionately from each agency's carry forward amount.

This provision does not apply to agencies which have separate carry forward authority. Any funds that are carried forward as a result of this provision are not considered part of the base of appropriations for any succeeding years.

129.62. DELETED

129.63. (FY 93 Surplus) (A) As much as may be needed of general fund operating surplus for fiscal year 1992-93 must be transferred to restore fully the General Reserve Fund before the close of fiscal month thirteen of the 1992-93 fiscal year. (B) If any fiscal year 1992-93 general fund operating surplus remains after the restoration provided in subsection (A), the following sums are appropriated from surplus in order of priority with any priority not fully funded receiving whatever partial funding that may be available:

1) the first $500,000 to the Higher Education Tuition Grants Commission;

2) the next $30,000,000 to the Commission on Higher Education for formula distribution to the institutions of higher education;

3) the next $1,000,000 to the State Board for Technical and Comprehensive Education for the Special Schools program;

4) the next $1,000,000 to the Department of Education for school buses.

129.64. (Publication List for General Assembly) With the exception of telephone directories, training manuals, code manuals or other such reference materials, and notwithstanding any other requirement, mandate, or provision of this act to the contrary, no agency, department, or entity of state government during Fiscal Year 1993-94 shall provide the General Assembly with a hard copy of any publications whether or not such publications, reports or other documents are required to be furnished to the General Assembly by law. Any such transmission shall be made by electronic medium in such format and form and in accordance with such technical standards as may be established by the Office of Legislative Printing and Information Technology Resources (LPITR). LPITR shall make any such information transmitted available through its network except for those documents or portions of documents it deems necessary or more efficient for an agency to produce in hard copy form. Any report governed by the requirements of this proviso may be published in hard copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate.

129.65. DELETED

129.66. DELETED

129.67. DELETED

129.68. DELETED

129.69. DELETED

129.70. DELETED

129.71. DELETED

129.72. DELETED

129.73. (Biennial License County Funding) Of the revenue generated by the Biennial Licensure provision contained in this Act, the first $1 million of revenues shall be allocated to the counties for implementation of the provision of the Biennial Licensure statute.

130.1. (Year End Expenditures) 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, 1994. State agencies are required to submit all current fiscal year input documents to the Comptroller General's Office by July 20, 1994. Appropriations for Permanent Improvements, 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. Appropriations 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, toward the accomplishment of the purposes for which the appropriations were provided.