General Appropriations Bill H. 4600 for the fiscal year beginning July 1, 1996
PAGE 466
1 PART IB
2
3 OPERATION OF STATE GOVERNMENT
4
5 SECTION 1
6
7 1.1. (Revenues, Deposits Credited to General Fund) For the current fiscal year, except as hereinafter specifically
8 provided, all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all
9 institutional and departmental revenues or collections, including income from taxes, licenses, fees, the sale of commodities
10 and services, and income derived from any other departmental or institutional source of activity, must be remitted to the State
11 Treasurer at least once each week, when practical, and must be credited, unless otherwise directed by law, to the General
12 Fund of the State. Each institution, department or agency, in remitting such income to the State Treasurer, shall attach with
13 each such remittance a report or statement, showing in detail the sources itemized according to standard budget classification
14 from which such income was derived, and shall, at the same time, forward a copy of such report or statement to the
15 Comptroller General and the State Budget and Control Board. In order to facilitate the immediate deposit of collections,
16 refunds of such collections by the State institutions where properly approved by the authorities of same, may be made in
17 accordance with directions from the State Comptroller General and State Treasurer. Revenues derived from the General
18 Retail Sales Tax, the Soft Drinks Tax, and the State's portion of Revenue derived from the Alcoholic Liquors Tax and Cable
19 Television Fees, must be expended to cover appropriations herein made for the support of the public school system of the
20 State only, and any amount of such appropriations in excess of these revenues shall be paid from other General Fund
21 Revenues. Appropriations in this Act for the support of the public school system shall include the following:
22
23 Department of Education;
24 State Board for Technical and Comprehensive Education;
25 Educational Television Commission;
26 Wil Lou Gray Opportunity School;
27 School for the Deaf and the Blind;
28 John de la Howe School;
29 Debt Service on Capital Improvement Bonds Applicable to Above Agencies;
30 Debt Service on School Bonds.
31 Other School Purposes.
32
33
34 SECTION 1A
35
36 1A.1. (Use of Funds) It is the intent of the General Assembly to appropriate all State funds and to authorize and/or
37 appropriate the use of all Federal and other funds for the operations of State agencies and institutions for the current fiscal
38 year. Transfers of funds may be approved by the Budget and Control Board under its authority or by the agency as set forth
39 herein in Section 72.9. Any agency which requests or transfers personal service funds must indicate on the transfer document
40 whether or not a reduction in force is involved. To the extent practicable, all agencies and institutions having Federal or
41 other funds available for the financing of their operation shall expend such funds in accordance with the intent of this Act.
42 The authorization to spend Federal and other funds shall be decreased to the extent that receipts from these sources do not
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1 meet the estimates as reflected in each Section of this Act; and any increase shall be authorized through the review process
2 as set forth in Act 651 of 1978 as amended.
3
4
5 SECTION 2
6
7 2.1. (Appropriations From Funds) Subject to the terms and conditions of this act, the sums of money set forth in this
8 Part, if so much is necessary, are appropriated from the general fund of the state, the education improvement act fund, the
9 highways and public transportation fund, and other applicable funds, to meet the ordinary expenses of the state government
10 for Fiscal Year 1995-96, 1996-97, and for other purposes specifically designated.
11
12
13 SECTION 2A
14
15 2A.1. (Fiscal Year Definitions) For purposes of the appropriations made by this Part, "current fiscal year" means the
16 fiscal year beginning July 1, 1995, 1996, and ending June 30, 1996, 1997, and "prior fiscal year" means the fiscal year
17 beginning July 1, 1994, 1995, and ending June 30, 1995. 1996.
18 2A.2. (Descriptive Proviso Titles) Descriptive proviso titles listed in this Act are for purposes of identification only and
19 are not to be considered part of the official text.
20
21
22 A99 - SECTION 3 - LEGISLATIVE DEPARTMENT
23
24 3.1. (LEG: Legislative Employee Designations) The positions included in this section designated (P) shall denote a
25 permanent employee and the salary is an annual rate. The positions designated (T) shall denote a temporary employee and
26 the salary is for a period of six months to be paid at that rate only while the General Assembly is in session. The positions
27 designated as (Interim) shall denote a temporary employee and the salary is for a period of six months to be paid at that rate
28 while the General Assembly is not in session. The positions designated (PTT) shall denote part-time temporary employees
29 on a twelve months basis. The positions designated (PPT) shall denote permanent part-time employees retained for full-time
30 work on a six months basis or the duration of the legislative session.
31 3.2. (LEG: House Employee Reimbursement) The Speaker of the House is authorized to reimburse travel and other
32 expenses incurred by employees of the House of Representatives for official business in accord with current rules and
33 regulations.
34 3.3. (LEG: Approved Accounts Expenditure) The clerks of the two Houses and the Legislative Council are authorized
35 to issue their warrants on Approved Accounts for necessary extra clerical or other services upon approval of the Speaker
36 of the House or Lieutenant Governor, respectively.
37 3.4. (LEG: Legislative Employee BPI/Merit) Notwithstanding any other provision of law, legislative employees
38 designated (P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified
39 state employees. For purposes of this proviso, "legislative employees" does not include employees of the House of
40 Representatives.
41 3.5. (LEG: House Employees Salary Adjustments) Necessary temporary or permanent research assistants for the House
42 of Representatives shall be paid from Approved Accounts of the House upon approval of the Speaker with the advice and
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 468
1 consent of the Chairman of the standing committees. The Speaker may adjust salary levels of employees of the House, to
2 be paid for from funds carried forward from the Research Assistant Accounts.
3 3.6. (LEG: Interim Expenses Allowance) The Chairman of the Standing House and Senate Committees shall each be
4 allowed the sum of four hundred dollars for expenses during the interim, between sessions of the General Assembly, to be
5 paid from the House or Senate approved accounts, with each body paying the expense allowance of the chairman in its
6 membership.
7 3.7. (LEG: Subsistence/Travel Regulations) Notwithstanding any other provision of law:
8 a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation
9 of the Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in
10 any other instance in which a member is allowed subsistence expense. No member of the General Assembly except those
11 present are eligible for subsistence on that day. Legislative day is defined as those days commencing on the regular annual
12 convening day of the General Assembly and continuing through the day of adjournment sine die, excluding Friday, Saturday,
13 Sunday and Monday.
14 b. Standing Committees of the Senate and House of Representatives are authorized to continue work during the interim.
15 When certified by the Chairman, the members serving on such Committees shall receive a subsistence as provided in item
16 "a." above, mileage at the rate provided for by law, and the regular per diem established in this Act for members of boards,
17 commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses incurred
18 for lodging and meals in lieu of the allowable subsistence expense. The funds for allowances specified in this proviso shall
19 be paid to the members of the Senate or House of Representatives from the Approved Accounts of the respective body except
20 as otherwise may be provided.
21 c. Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to continue
22 work during the interim to secure such information and complete such investigations as may be assigned to the respective
23 Committees. When certified by the Chairman, the members appointed to such Committees shall receive a subsistence as
24 provided in item "a." above, mileage at the rate provided for by law and the regular per diem established in this Act for
25 members of boards, commissions, and committees while attending scheduled meetings. Members may elect to receive actual
26 expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The allowances specified in this
27 proviso shall be paid from funds appropriated to the respective Committees for such purposes, or from Approved Accounts
28 of the respective body of the General Assembly if no funds have been appropriated to such a Committee for these purposes.
29 d. Members of the Senate and the House of Representatives when traveling on official State business shall be allowed
30 a subsistence as provided in item "a." above, transportation expenses as provided for by law and the regular per diem
31 established in this Act for members of boards, commissions, and committees upon approval of the appropriate Chairman.
32 When traveling on official business of the Senate or the House of Representatives not directly associated with a Committee
33 of the General Assembly, members shall be paid the same allowance upon approval of the President Pro Tempore of the
34 Senate or the Speaker of the House of Representatives. In either instance, the members may elect to receive actual expenses
35 incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for the allowances specified in this
36 proviso shall be paid from the Approved Accounts of the Senate or the House of Representatives or from the appropriate
37 account of the agency, board, commission, task force or committee upon which the member serves.
38 3.8. (LEG: Expense/Compensation Vouchers) All vouchers for the payment of the expenses and/or compensation of
39 committees of the General Assembly shall be prepared by the Clerks of the two Houses.
40 3.9. (LEG: Senate Voucher Approval) All payroll vouchers disbursement vouchers, and interdepartmental transfers of
41 the Senate shall only require the approval of the Clerk of the Senate.
42 3.10. (LEG: Supplies Approval) Notwithstanding any other provision of law, all supplies for the Senate shall be
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 469
1 purchased only upon the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be
2 purchased only upon the authority of the Clerk of the House.
3 3.11. (LEG: Telephone Service) The Clerks of the Senate and the House, with the approval of the Senate Operations
4 and Management Committee and the Speaker of the House, respectively, shall cause to be installed such telephone service
5 as may be appropriate for use of the membership and presiding officer of each legislative body.
6 3.12. (LEG: Research Directors Appointment) The Speaker of the House shall appoint the Executive Director of
7 Research. The Speaker, with the advice and consent of the individual committee chairman, shall appoint the Director of
8 Research for each standing committee.
9 3.13. (LEG: House Pages) One hundred forty-four Pages shall be appointed by the Speaker of the House of
10 Representatives and they shall be available for any necessary service to the House of Representatives.
11 3.14. (LEG: Sergeant-At-Arms & Director of Security Duties) The duties of the Sergeant-at-Arms and Director of
12 Security of the respective Houses and/or Assistant Sergeant-at-Arms shall be those provided by the Code, the Rules of the
13 respective Houses, those designated by the President Pro Tempore of the Senate or the Speaker of the House, the security
14 of personnel and property of the respective Houses, and in addition the Sergeant-at-Arms and Director of Security of the
15 respective Houses and/or Assistant Sergeant-at-Arms shall meet and escort visitors in and about their respective bodies and
16 shall, during the hours of duty, be dressed in a distinctive manner so as to be easily identified as Sergeant-at-Arms and
17 Director of Security of the respective Houses.
18 3.15. (LEG: Leg. Council Employment/Salary Adjustments) The Legislative Council is authorized to employ additional
19 stenographic or other help between sessions as the Council may deem necessary, at such salary or salaries as the Council
20 may set, to be paid from Approved Accounts. Notwithstanding any limitation or other provision of law to the contrary, the
21 Legislative Council may adjust salaries for Legislative Council personnel. Any adjustments made must be paid from funds
22 appropriated for the Council or from the funds appropriated to the Council under Section 3C for this purpose, or both.
23 3.16. (LEG: Leg. Information Systems Management) The Legislative Information Systems shall be under the direction
24 and management of a council composed of the President of the Senate, Speaker of the House, Chairman of Senate Finance
25 Committee, Chairman of House Ways and Means Committee, Chairman of the Senate Judiciary Committee and Chairman
26 of the House Judiciary Committee.
27 3.17. (LEG: Legislative Printing Management) The Office of Legislative Printing and Information Technology
28 Resources shall operate under the supervision and administrative direction of the Clerks of the respective Houses.
29 3.18. (LEG: State House Renovation) Any improvements and additions to the State House must be recommended or
30 approved by the State House Committee of the General Assembly, and that bidding, executing, and carrying out of contracts
31 shall be in accord with standing regulations and procedures for any other work of the same type applicable to agencies and
32 institutions of State government.
33 3.19. (LEG: Senate Research Personnel Compensation) Notwithstanding any other provision of law, Senate Research
34 personnel other than Directors of Research and the committee research staff shall be paid from funds appropriated for Senate
35 Research at the direction of the Clerk of the Senate.
36 3.20. (LEG: Legislative Council Availability) Personnel employed under the provisions of Subsection 3C of this section
37 for Legislative Research shall be available upon request of the Committee Chairman to work with the standing or interim
38 committees of the Senate and the House of Representatives.
39 3.21. (LEG: Contract for Services) The Standing Committees of the Senate may, upon approval of the President Pro
40 Tempore, contract with state agencies and other entities for such projects, programs, and services as may be necessary to
41 the work of the respective committees. Any such projects, programs or services shall be paid from funds appropriated for
42 contractual services.
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 470
1 3.22. (LEG: Jt. Leg. Committee Operational Authorization) Only the Joint Legislative Committees for which funding
2 is provided herein are authorized to continue operating during the current fiscal year under the same laws, resolutions, rules
3 or regulations which provided for their operations during the prior fiscal year.
4 3.23. (LEG: Legislative Carry Forward) In addition to the funds appropriated in this section, the funds appropriated
5 under Sections 3A, 3B, 3C, 3D, and 3G for the prior fiscal year which are not expended during that fiscal year may be
6 carried forward to be expended for the same purposes in the current fiscal year.
7 3.24. (LEG: Senate Expenditures/O&M Committee) Notwithstanding any limitation or other provisions of law to the
8 contrary, funds expended by the Senate for salary adjustments, professional fees and dues and necessary expenses, supplies,
9 and equipment for Senate employees, must be paid from funds appropriated to the Senate Operations and Management
10 Committee and funds available in approved accounts of the Senate, and shall be authorized and allocated in such manner as
11 determined by the Senate Operations and Management Committee.
12 3.25. (LEG: Nurses) The State shall provide to the nurses under Subsection 3A of this section the same leave time and
13 basic health and accident insurance coverage as is provided other state employees pursuant to law. All of the amount
14 provided in 3A for nurses shall be utilized for the specified purpose.
15 3.26. (LEG: Dues) The funds provided herein for the Council of State Governments and the National Conference of
16 State Legislatures are appropriated to be paid as dues to the respective organizations and these funds shall not be transferred
17 to any other program.
18 3.27. (LEG: Copy of Act to Counties) Notwithstanding any other provision of law, the Clerk of the House is required
19 to send only one copy of each Act to the Clerk of the Court of the various counties.
20 3.28. (LEG: In-District Compensation) All members of the General Assembly shall receive an in district compensation
21 of $300 per month for the months of July, 1994 through December, 1994. All members of the General Assembly shall
22 receive an in district compensation of $1,000 per month effective January 1, 1995.
23 3.29. (LEG: Additional House Support Personnel) An amount of $150,000 is appropriated for the purpose of providing
24 additional support personnel to assist House members who are not already being furnished with direct legislative assistance
25 in the conduct of their Legislative responsibilities. This amount shall be used for staffing requirements where necessary for
26 part time personnel. The additional personnel shall be used only when the House is in regular, extended, or special session.
27 At a member's request, the House Operations and Management Committee may use any unexpended portion of a member's
28 allotment to purchase equipment for a member's office. The amount herein appropriated for additional support personnel
29 to assist House members shall be allocated to each member on a pro-rata basis. Each member may choose to expend his
30 allocation for an individual legislative aide or may choose to combine his allocation with allocations of other House members
31 for a legislative aide to assist each of the members contributing to the expense of that aide.
32 3.30. (LEG: Per Diem) No per diem may be paid to any person from more than one source for any one calendar day.
33 3.31. (LEG: House Postage) The Speaker of the House is authorized to approve no more than $600 per member per
34 fiscal year for postage.
35 3.32. (LEG: Legislative Dual Employment) Each committee and joint legislative committee provide a list to the
36 members of the General Assembly of all employees who hold dual positions of state employment.
37 3.33. (LEG: Legislative Council Proofreaders) The Director of the Legislative Council is authorized to have the staff
38 proofreaders work one month before and one month after the session.
39 3.34. (LEG: Study Committee - Education) A joint study committee, consisting of three members of the House Ways
40 and Means Committee appointed by the Chairman of the House Ways and Means Committee, one member of the House
41 Education and Public Works Committee appointed by the Chairman of the House Education and Public Works Committee,
42 three members of the Senate Finance Committee appointed by the Chairman of the Senate Finance Committee, one member
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 471
1 of the Senate Education Committee appointed by the Chairman of the Senate Education Committee, and three members
2 appointed by the Governor, shall study formula funding in education programs. The Chairman of the Senate Finance
3 Committee shall convene the initial meeting of the study committee. The formulas to be studied include those utilized in
4 Education Finance Act programs, the determination of the Southeastern average teacher pay, and the funding of institutions
5 of postsecondary education. The State Board of Education, the State Board for Technical and Comprehensive Education,
6 the Commission on Higher Education and any institution of postsecondary education or school district must provide the
7 committee such information as the committee requests. The first priority for committee study is the Education Finance Act
8 including, but not limited to, the base student cost, the index of taxpaying ability including specifically the impact of the
9 emergence of totally self-reliant school districts upon the formula and the annual inflation factor. The expenses of the
10 legislative members of the study committee shall be paid from the approved accounts of their respective bodies. The
11 expenses of the gubernatorial appointees shall be absorbed within the Governor's office.
12 3.35. (LEG: House Staff Reclassification/Compensation) The appropriation for Staff Reclassification Compensation
13 provided for in Section 3B is for use by the Speaker for reclassification and salary adjustment of any employee of the House
14 of Representatives after consultation with the Operations and Management Committee and the chairmen of the other Standing
15 Committees of the House.
16 3.36. (LEG: House/Senate Staff Outside Employment) Full-time employees of the House of Representatives and the
17 Senate are prohibited from outside employment during normal working hours, except with the permission of an employee's
18 department head, and annual leave must be taken for any approved outside employment.
19 3.37. (LEG: Guardian Ad Litem Pgm. Technology Equipment) Notwithstanding any other provision of law, or agency
20 regulation, requirement or policy to the contrary, the Guardian Ad Litem Program is authorized to procure necessary
21 technology equipment under the provisions and procedures set forth in Chapter 35 of Title 11 of the 1976 Code as amended.
22 3.38. (LEG: Dialup Facility) Upon review and approval by the Council as provided in 3.16., Legislative Information
23 Systems is authorized to charge fees for the use of its Dialup Facility and to retain, use and carry forward these funds to be
24 used only for equipment and maintenance for this Facility.
25 3.39. (LEG: Leg. Council Combined Position) The Director of the Legislative Council, with the approval of the
26 Council, is authorized to combine two or more stenographic, clerical, technical assistant, or administrative assistant positions
27 into one with a job description for the combined position to be approved by the Council, with a compensation level also
28 approved by the Council. The appropriations or any portion thereof for the positions combined into one may be used to fund
29 the combined position.
30 3.40. (LEG: Selected Agencies Base Budget Study) By August 1, the Chairman of the Senate Finance Committee and
31 the Chairman of the House Ways and Means Committee, in consultation with their respective committee members, shall
32 jointly undertake a study and review of the base budgets of selected state agencies with similar functions. The review must
33 include, as a minimum, an analysis to determine whether each agency is 1) complying with its statutory role, 2) providing
34 mandated services efficiently and effectively, 3) administratively organized to attain maximum efficiency, and 4)
35 unnecessarily duplicating services or administration of any agency. The Chairmen must develop a plan for accomplishing
36 this review and shall refer portions of the plan and related analysis to appropriate legislative and executive branch oversight
37 agencies. Such agencies must provide the analysis needed from existing resources and provide a report in the timeframe
38 specified.
39 All state agencies selected for review must cooperate fully in the conduct of these base budget reviews. Notwithstanding
40 any other provision of law, agencies providing analysis must set their priorities to accomplish the base budget review as set
41 forth herein.
42 3.41. (LEG: Reorganization Comm. Publications Carry Forward) The State Reorganization Commission shall provide
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1 a copy of all publications to each member of the General Assembly, the Governor, and the Lieutenant Governor. The
2 Commission may also provide a copy of publications to state agency directors. The Commission may charge, for additional
3 copies, and other requests for publications, an amount to cover the cost of printing and expenses of postage and shipping
4 of publications. Revenue generated may be retained and expended by the Commission to reimburse it for the printing of
5 its publications and to pay the expenses of postage and shipping. Any remaining balance in the sale of publications account
6 may be carried forward and expended for the same purpose.
7 3.42. (LEG: Sales Tax on Copies of Legislation) No sales tax is required to be charged or paid on copies of or access
8 to legislation or other informational documents provided to the general public or any other person by a legislative agency
9 when a charge for these copies is made reflecting the agency's cost thereof. Funds received as revenue from the sale of
10 materials or as reimbursements for the cost of providing certain supplies or services or refunds must be remitted to the State
11 Treasurer as collected, but in no event later than twelve (12) working days from the date of the receipt of any such funds.
12 3.43. (LEG: House Postage/Telephone Allocation) Any member of the House who has not used all of his annual
13 allocation for postage or all of his annual allocation for telephone expenses may use the remaining funds in one category in
14 the other category during that year.
15 3.44. (LEG: Jt. O&M Committee/Jt. Legislative Committees) It shall be the responsibility of the Joint Operations and
16 Management Committee to allocate funds to the Joint Legislative Committees.
17 3.45. (LEG: (Legislative Oversight of Medicaid Waiver) There is created the Legislative Medicaid Waiver Task Force
18 consisting of the following voting members: the Governor or his designee, up to three members of the Senate Finance
19 appointed by the Chairman of Senate Finance, up to three members of Ways and Means appointed by the Chairman of Ways
20 and Means and up to three members appointed by the Chairman of the Joint Committee on Health Care Planning and
21 Oversight. This Task Force shall (1) oversee planning and implementation of the medicaid waiver which was applied for
22 on March 3, 1994; and (2) review the budgets of all state agencies which might be affected by the conversion to managed
23 care and the expansion of medicaid coverage to potentially over 200,000 additional South Carolinians. In addition to the
24 Governor and the legislative members, the Chairmen of Senate Finance, Ways and Means and Health Care Planning and
25 Oversight may jointly appoint up to six representatives of public and private interests, one of whom must be a consumer,
26 who are significantly affected by the waiver. Such representatives will serve as non-voting members of the Task Force.
27 The legislative members of the Task Force shall elect one member to serve as chairman and one member to serve as vice
28 chairman. The Task Force shall periodically report to all members of the General Assembly concerning the progress of the
29 waiver. The Speaker of the House, President Pro Tempore of the Senate and Chairman of the Health Care Planning and
30 Oversight Committee shall jointly designate staff from the House and Senate to provide necessary administrative, legal and
31 research services for the Task Force, and to the extent practical, use the personnel of appropriate state agencies and
32 commissions with such administrative and legal resources.
33 3.46. (LEG: House Personnel BPI/Merit/Bonus Compensation) Notwithstanding any limitation or other provisions of
34 law to the contrary, the Speaker shall authorize and allocate any base pay increase, merit pay or bonus among House staff
35 in the manner that the Speaker determines after consultation with the Operations and Management Committee and the
36 Chairmen of the standing committees of the House.
37 3.47. (LEG: General Assembly Exemption) Notwithstanding any other provision of law or regulation, or any limitation
38 or provision contained in this act, each branch of the General Assembly is exempt from any provision which requires the
39 approval of the Budget and Control Board or any other executive branch agency for the expenditure, management or transfer
40 of any authorized appropriations.
41 3.48. (LEG: State House Renovation Schedule) The State House Committee is authorized, beginning in July 1994 to
42 establish schedules for the completion of the State House Renovation project by January 1, 1997. General Services must
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 473
1 submit to the State House Committee, schedules that will accomplish these time frames. The General Assembly will relocate
2 to the Carolina Plaza for the 1996 and 1997 sessions. Work should begin at such time so as to ensure the readiness of the
3 Carolina Plaza for the 1996 and 1997 sessions of the General Assembly. Upon the approval of these schedules by that
4 Committee all current tenants of the State House will be relocated to other space within the Capital Complex area.
5 Reassignment of space by the State House Committee must be completed prior to the completion of the State House
6 Renovation project.
7 3.49. (LEG: House Ethics Committee) The House of Representatives Legislative Ethics Committee shall deposit
8 revenues from penalties assessed by the committee and copying of documents into the General Fund.
9 3.50. (LEG: Capital Projects Oversight Committee) DELETED
10 3.51. (LEG: Prohibit General Assembly Compensation - Felony Conviction) No member of the General Assembly who
11 has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses may
12 receive compensation or reimbursable expenses provided for members of the General Assembly in this act. However, this
13 item does not apply to a person who has been pardoned under state or federal law of the disqualifying felony.
14
15
16 B04 - SECTION 4A - JUDICIAL DEPARTMENT
17
18 4.1. (JUD: Prohibit County Salary Supplements) County salary supplements of Judicial Department personnel shall be
19 prohibited.
20 4.2. (JUD: County Offices For Judges) Every county shall provide for each circuit and family judge residing therein
21 an office with all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges
22 of the Court of Appeals upon their request.
23 4.3. (JUD: Commitments to Treatment Facilities) The appropriation for continued implementation of Article 7, Chapter
24 17, of Title 44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code,
25 relating to commitments, admissions and discharges to mental health facilities, or treatment facility for the purpose of alcohol
26 and drug abuse treatment, shall be expended for the compensation of court appointed private examiners, guardians ad litem,
27 and attorneys for proposed patients, and related costs arising from the filing, service and copying of legal papers and the
28 transcription of hearings or testimony. Court appointed private examiners, guardians ad litem and attorneys shall be paid
29 at such rates or schedules as are jointly determined to be reasonable by the South Carolina Association of Probate Judges,
30 the State Court Administrator and the South Carolina Department of Mental Health with the approval of the Attorney
31 General.
32 4.4. (JUD: Judicial Commitment) Except as otherwise provided in Section 72.1., no money appropriated pursuant to
33 Item VI, Judicial Commitment shall be used to compensate any state employees appointed by the court as examiners,
34 guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing such services by
35 their employees.
36 4.5. (JUD: Judicial Expense Allowance) Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and
37 Circuit Court Judge shall receive two hundred fifty dollars per month as expense allowance.
38 4.6. (JUD: Special Judge Compensation) In the payment of funds from "Contractual Services," and "Administrative
39 Fund," that no Special Judge shall be paid for more than a two week term within a fiscal year except that this restriction will
40 not apply in case of an ongoing trial.
41 4.7. (JUD: Advance Sheet Revenues Deposit) The Judicial Department must deposit in the General Fund of the State
42 during the current fiscal year, all advance sheet revenues, including any carried forward balance from prior years.
SECTION 4A - JUDICIAL DEPARTMENT PAGE 474
1 4.8. (JUD: BPI/Merit) Judicial employees shall receive base and average merit pay in the same percentages as such pay
2 are granted to classified state employees.
3 4.9. (JUD: Supreme Court Bar Admissions Carry Forward) Any funds collected or carried forward from Supreme Court
4 Bar Admissions in excess of the amount required to be remitted to the General Fund may be carried forward and expended
5 in the current fiscal year for the benefit of the Bar Admissions unit.
6 4.10. (JUD: Travel Reimbursement) State employees of the Judicial Department traveling on official state business must
7 be reimbursed in accordance with Section 72.32(J) of this Act.
8
9
10 C05 - SECTION 5 - ADMINISTRATIVE LAW JUDGE DIVISION
11
12 5.1. (ALJ: Copying Costs Revenue Deposit) The Administrative Law Judge Division shall retain and expend, for the
13 same purpose for which it is generated, all revenue received during the current fiscal year as payment for printing and
14 distributing copies of court rules and other agency documents.
15 5.2. (ALJ: Revenue Carry Forward) The Administrative Law Judge Division may carry forward unexpended funds
16 received pursuant to Act 423 of 1994 in order to continue establishing its offices and furnishings.
17
18
19 D21 - SECTION 6DD - THE GOVERNOR
20
21 6DD.1. (GOV: OEPP - Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in
22 Subsection 6C of this Section "Implementing Federal Programs" and "To Match F.E.M.A. Flood Disaster Funds" may be
23 carried forward to the current fiscal year and used for matching committed and/or unanticipated Grant Funds.
24 6DD.2. (GOV: OEPP - Mining Council Carry Forward) Any unexpended balance on June 30, of the prior fiscal year
25 of funds, not to exceed $2,000, appropriated under Section 6C I Special Items: Mining Council may be carried forward and
26 expended for this same purpose in the current fiscal year.
27 6DD.3. (GOV: OEPP - Developmental Disabilities Program) The South Carolina Developmental Disabilities Program
28 of the Office of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for
29 projects and services to benefit persons with developmental disabilities. The intent of this provision is not to duplicate other
30 State Agency programs which are considered the legal and programmatic mandate of existing State agencies, but rather to
31 fill gaps that exist in the state service delivery system related to his target population as identified and addressed in the
32 Developmental Disabilities State Plan.
33 6DD.4. (GOV: OEPP - Development Disabilities Case Coordination System) $112,559, less any pro rata share
34 adjustment of any mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State
35 Agencies must be for the South Carolina Development Disabilities Case Coordination System.
36 6DD.5. (GOV: OEPP - CCRS Evaluations & Placements) The amount appropriated in this Section under Special Items
37 Children's Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses
38 incurred in the evaluation of children referred to the CCRS to facilitate appropriate placement and to pay up to forty percent
39 when placement is made in-state and up to thirty percent when placement must be made out-of-state of the excess cost of
40 private placement over and above one per pupil share of state and local funds generated by the Education Finance Act, and
41 the one per pupil share of applicable federal funds; provided it has been established that all other possible public placements
42 are exhausted or inappropriate. The balance of funding responsibility necessary to provide the child with services must be
SECTION 6DD - THE GOVERNOR PAGE 475
1 determined by the Children's Case Resolution System (CCRS) and apportioned among the appropriate public agencies on
2 the basis of the reasons for the private placement. When the amount appropriated in this section is exhausted, the funding
3 responsibility must be apportioned according to the procedures of the CCRS.
4 6DD.6. (GOV: SLED - Special Account Carry Forward) Funds awarded to the State Law Enforcement Division by
5 either court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and
6 shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions
7 of the said order, donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State
8 Law Enforcement Division. Funds expended from the special account must be reviewed by the Joint Appropriations Review
9 Committee.
10 6DD.7. (GOV: SLED - Computer/Communications Center Carry Forward) Revenue generated from the operation of
11 the Division's criminal justice computer/communications center and not expended during the prior fiscal year may be carried
12 forward and expended for the same purpose during the current fiscal year.
13 6DD.8. (GOV: SLED - Criminal Record Search Fee) The State Law Enforcement Division is hereby authorized to
14 charge, collect and carry forward a fee, not to exceed $25 each, for criminal record searches conducted pursuant to
15 Regulations contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations. Any such fees shall be
16 retained and used for agency operations.
17 6DD.9. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue generated
18 by SLED from the sale of vehicles, various equipment, gasoline and insurance claims during the prior fiscal year may be
19 retained carried forward and expended for the purpose of purchasing like items.
20 6DD.10. (GOV: OEPP - Program Budget) The Governor's Office shall submit to the Ways and Means Committee and
21 Senate Finance Committee by January 1 of each year, a Program Budget for Section 6C enumerating the planned use of
22 Federal, State and Other Funds.
23 6DD.11. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal
24 year, in subsection 6B of the Section "Agents Operations" may be carried forward and expended for the same purpose in
25 the current fiscal year.
26 6DD.12. (GOV: OEPP - CCRS Significant Fiscal Impact) In accordance with Section 20-7-5240 (e) of the 1976 Code,
27 "significant fiscal impact" in the current fiscal year shall be defined for each designated agency as the greater of (1) funds
28 appropriated by the General Assembly for the current fiscal year on cases referred to, decided or placed through the
29 Children's Case Resolution System or (2) that agency's assigned shares in the current fiscal year of five cases decided by
30 the Children's Case Resolution System.
31 6DD.13. (GOV: SLED - Match for Federal Grants Carry Forward) State appropriations to SLED that are required to
32 provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and
33 expended for the same purpose as originally appropriated.
34 6DD.14. (GOV: SLED - Night Telephone Operators Accommodations) The State Law Enforcement Division is hereby
35 authorized to provide accommodations/utility service without any charge to night telephone operators.
36 6DD.15. (GOV: SLED Clothing Allowance) The State Law Enforcement Division is hereby authorized to provide agents
37 and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $400 per agent/criminalist for required
38 clothing used in the line of duty.
39 6DD.16. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a witness
40 fee of $100.00 per hour up to $400.00 per day for each criminalist testifying in civil matters which do not involve the State
41 as a part in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or
42 reimbursement for judicial appearances and deposited into a designated revenue account.
SECTION 6DD - THE GOVERNOR PAGE 476
1 6DD.17. (GOV: Governor's Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy
2 and Programs section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single
3 budget section for the purpose of transfers and budget reconciliation.
4 6DD.18. (GOV: SLED - RAID Team) Membership of the Retaliation Against Illegal Drugs (RAID) Team and all
5 expenses thereto shall be comprised only of law enforcement agents of the State Law Enforcement Division.
6 6DD.19. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of the
7 1988-89 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines
8 developed by it, making such revisions as appear appropriate, assisting and advising the director in development and revision
9 of forms, information and criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor's
10 offices.
11 The information gathered from these programs shall be aggregated by the director into the annual report of the agency
12 which is submitted to the Governor, Speaker of the House of Representatives and the President of the Senate.
13 6DD.20. (GOV: Victim Assistance Programs) It is the intent of the General Assembly that the amounts appropriated in
14 this section for victim assistance programs in solicitors' offices shall be in addition to any amounts presently being provided
15 by the county for these services and may not be used to supplant funding already allocated for such services. Any reduction
16 by any county in funding for victim assistance programs in solicitors' offices shall result in a corresponding decrease of state
17 funds provided to the solicitors' office in that county for victim assistance services. Each solicitor's office shall submit an
18 annual financial and programmatic report which describes the use of these funds. The report shall be submitted to the
19 Governor, the Attorney General, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate
20 Finance Committee on October 1, for the preceding fiscal year.
21 6DD.21. (GOV: Establish Victim/Witness Program) Of the The funds appropriated in this section for Victim/Witness
22 Program, $350,000 must be equally divided among the judicial circuits, less any adjustments made for budget reductions.
23 The funds for each circuit must be distributed to the solicitor's office of that circuit and only used by the solicitor for the
24 purpose of establishing a Victim/Witness Program in the circuit which shall provide, but not be limited to, the following
25 services:
26 (1) Make available to victims/witnesses information concerning their cases from filing in general sessions court through
27 disposition.
28 (2) Keep the victim/witness informed of his rights and support his right to protection from intimidation.
29 (3) Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling,
30 and victims' compensation services.
31 (4) Assist in the preparation of victims/witnesses for court.
32 (5) Provide assistance and support to the families or survivors of victims where appropriate.
33 (6) Provide any other necessary support services to victims/witnesses such as contact with employers or creditors.
34 (7) Promote public awareness of the program and services available for crime victims.
35 The funds may not be used for other victim-related services until the above functions are provided in an adequate manner.
36 6DD.22. (GOV: Victim/Witness Program Formula Distribution) If funds in the South Carolina Victims' Compensation
37 Fund exceed the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first
38 $650,000 of such excess must be used for Victim/Witness Programs by distribution to Judicial Circuits based on a formula
39 and criteria developed by the Policy Committee, and otherwise subject to requirements of Section 6DD.20 and 6DD.22.
40 6DD.23. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims' Rights, up to
41 $60,000 may be expended for physical abuse examinations.
42 6DD.24. (GOV: SLED-ABC Enforcement-Confiscated Alcoholic Beverage Revenue) The State Law Enforcement
SECTION 6DD - THE GOVERNOR PAGE 477
1 Division is directed to maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic
2 beverages. Such revenue shall be deposited to the credit of the General Fund of the State after deducting the cost of
3 confiscation and sale.
4 6DD.25. (GOV: Veterans' Affairs-Aid to Counties) In the allocation of the appropriation in this section as adjusted for
5 "Aid to Counties--Operation of County Office," each county shall receive an effective annual amount equal to 100% of the
6 amount allocated to it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any
7 adjustments made for budget reductions.
8 6DD.26. (GOV: Continuum of Care - Carry Forward) The Division of Continuum of Care may carry forward funds
9 appropriated herein to continue services.
10 6DD.27. (GOV: Division of Women - Donations & Contributions) The Division of Women is authorized to accept
11 donations and contributions to provide services as authorized by state law. Such funds are to be deposited in a special
12 account with the State Treasurer and shall be carried forward from year to year, and withdrawn from the Treasurer as needed
13 to fulfill the purposes and conditions of the said donations or contributions, if specified, and if not specified, as may be
14 approved by the Division of Women. State appropriations will not supplement those services funded by donations or
15 contributions.
16 6DD.28. (GOV: Division of Women - Revenue Carry Forward) The Division of Women may retain funds received from
17 luncheon fees and souvenir sales for general operating expenses. Any unexpended revenue from these sources may be carried
18 forward into the current fiscal year to be expended for the same purposes.
19 6DD.29. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated for
20 the Division of Foster Care contain both funds appropriated for use by the Division Review System and "pass through" funds
21 designated for use by the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated
22 for either shall be calculated based upon the separate funds for the respective entities rather than based upon the combined
23 budget of the two organizations.
24 6DD.30. (GOV: Foster Care - Private Foster Care Reviews) The Division of Foster Care is authorized to restructure
25 its programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or
26 changing the location of reviews of children in public foster care, to maintain continuous operations within existing resources
27 as dictated by recent budget reductions. These decisions must be based upon the availability of existing funds. This
28 provision supersedes any previous statutory or regulatory mandate.
29 6DD.31. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that
30 placements of emotionally disturbed medicaid eligible individuals under the age of twenty-one in residential therapeutic
31 treatment are appropriate and that the level of care provided each child is offered in the least restrictive environment
32 appropriate to meet the child's treatment needs. The statutory powers and functions of the Division of Foster Care are
33 expanded to develop, implement, and manage a quality assurance review system under contract with the Department of
34 Health and Human Services. This paragraph supersedes any previous statutory or regulatory mandate.
35 6DD.32. (GOV: Div. on Aging - State Match Funding Formula) Of the state funds appropriated under "Distribution to
36 Subdivisions", the first allocation by the Division on Aging shall be for the provision of required State matching funds
37 according to the Division's formula for distributing Older Americans Act funds, based on the official United States census
38 data for 1990. The balance of this item, but not to exceed five hundred thousand dollars ($500,000) shall be distributed
39 equally among to the ten regional planning districts planning and service areas of the State. In the event State appropriations
40 are reduced, reductions to the ten regional planning districts planning and service areas shall be based on amounts distributed
41 in accordance with the previous requirements.
42 6DD.33. (GOV: Div. on Aging - State Matching Funds Carry Forward) Any unexpended balance on June 30 of the prior
SECTION 6DD - THE GOVERNOR PAGE 478
1 fiscal year, of the required State matching funds allocation, of the amount appropriated in this section under Distribution to
2 Subdivisions, shall be carried forward in the current fiscal year to be used as required state matching funds for Federal funds
3 awarded to subdivisions on or before September 30 of the current fiscal year.
4 6DD.34. (GOV: Div. on Aging - Recycle Program) The Division on Aging is hereby authorized to collect, expend, and
5 carry forward not more than $1,000 in revenues from the sale of items to be recycled.
6 6DD.35. (GOV: Div. on Aging - Registration Fees) The Division on Aging is authorized to receive and expend
7 registration fees for educational, training, and certification programs.
8 6DD.36. (GOV: OEPP - Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year,
9 the Governor's Office is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenses incurred
10 in the prior fiscal year.
11 6DD.37. (GOV: Div. on Aging - Alzheimer's Matching Grants) Of the funds appropriated herein for Alzheimers, grants
12 awarded to assist communities and entities in addressing problems relative to Alzheimer's disease and other related disorders
13 must be matched with additional funds or in-kind contributions by the community or other entity equal to the amount of funds
14 awarded in the grant.
15
16
17 E08 - SECTION 8 - SECRETARY OF STATE'S OFFICE
18
19 8.1. (SS: Records Fee/Computer & Telephone Equipment) The Secretary of State may establish and collect fees not to
20 exceed the actual cost of searching for or making copies of records. Such records shall be furnished at the lowest possible
21 cost to the person requesting the records. The Agency may retain these funds for the purposes of purchasing and maintaining
22 computer and telephone facsimile equipment. The Agency may charge a reasonable hourly rate for making records available
23 to the public and require a reasonable deposit of such costs prior to searching for or making copies of the records.
24 8.2. (SS: Eliminate Communications Director) Of the state funds appropriated under "Classified Positions," the position
25 of Director of Communications is eliminated and the funds appropriated for that position must be used to fund auditors within
26 the Agency.
27
28
29 E12 - SECTION 9 - COMPTROLLER GENERAL'S OFFICE
30
31 9.1. (CG: Signature Authorization) The Comptroller General is hereby authorized to designate certain employees to sign,
32 in his stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such signatures
33 when notified by the Comptroller General. This provision shall in no way relieve the Comptroller General of responsibility.
34 9.2. (CG: GAAP Implementation & Refinement) It is the intent of the General Assembly to oversee the conversion of
35 the financial statements issued for the State of South Carolina and these financial statements shall be in conformance with
36 Generally Accepted Accounting Principles (GAAP) by the earliest possible date. To this end, the Comptroller General is
37 directed, as the State Accounting Officer, to proceed with the implementation and refinement of the Statewide Accounting
38 and Reporting System (STARS) so as to develop a reporting system that will result in the preparation of the official financial
39 reports for the State of South Carolina by the State Accounting Officer in conformance with Generally Accepted Accounting
40 Principles (GAAP). The Comptroller General, as the State Accounting Officer, is given full power and authority to issue
41 accounting policy directives to State agencies in order to comply with Generally Accepted Accounting Principles. The
42 Comptroller General is also given full authority to conduct surveys, acquire consulting services, and implement new
SECTION 9 - COMPTROLLER GENERAL'S OFFICE PAGE 479
1 procedures required to fully implement Generally Accepted Accounting Principles under the oversight of the General
2 Assembly.
3 9.3. (CG: Out-of-State Promotional Activities Expenses) The Comptroller General may approve warrants for the payment
4 of expenses for out-of-state promotional activities only when, in his opinion, such expenses are related to economic
5 development in South Carolina.
6 9.4. (CG: Payroll Deduction Processing Fee) There shall be a fee for processing payroll deductions, not to exceed 5
7 cents, for insurance plans, credit unions, deferred compensation plans and professional associations per deduction per pay
8 day. Proceeds shall be remitted to the General Fund of the State. This fee shall not be applied to charitable deductions.
9 9.5. (CG: Lump Sum Agencies GAAP Implementation) The Comptroller General's Office, in conjunction with lump
10 sum agencies, is hereby directed to implement appropriate accounting procedures to consolidate accounts where necessary
11 for proper accounting and thereby facilitate financial reporting in accordance with Generally Accepted Accounting Principles.
12 9.6. (CG: EDI/EFT Pilot Project) The Comptroller General shall establish and coordinate a pilot project to provide the
13 capability for agencies to process vendor invoices and vendor payments through Electronic Data Interchange (EDI) or
14 Electronic Funds Transfer (EFT).
15
16
17 E16 - SECTION 10 - STATE TREASURER'S OFFICE
18
19 10.1. (TREAS: Nat'l. Forest Fund - Local Gov't. Compliance) In order to conform to federal requirements local
20 governments receiving distributions of National Forest Fund revenues are required to report annually to the State Treasurer
21 indicating compliance with authorized purposes.
22 10.2. (TREAS: STARS Approval) Decisions relating to the Statewide Accounting and Reporting System (STARS)
23 which involve the State Treasurer's Banking Operations and other functions of the State Treasurer's Office shall require the
24 approval of the State Treasurer.
25 10.3. (TREAS: Investments) The State Treasurer may pool funds from accounts for investment purposes and may invest
26 all monies in the same types of investments as set forth in Sections 11-9-660 and 11-9-661.
27 10.4. (TREAS: General Reserve Fund Transfer) The State Treasurer's Office is authorized to transfer $10,556,980
28 $6,271,409 of General Funds to the General Reserve Fund on July 1, 1995 1996 to comply with Article III, Section 36 of
29 the Constitution. This amount of General Funds must be replaced as the first priority of any FY 1994-95 1995-96 surplus.
30 10.5. (TREAS: Management Fee) The State Treasurer is authorized to charge a fee for the operating and management
31 costs associated with the Local Government Investment Pool and the Deferred Compensation Program and is further
32 authorized to retain and expend the fees to provide these services. The fees assessed may not exceed the cost of the provision
33 of such services.
34
35
36 E20 - SECTION 11 - ATTORNEY GENERAL'S OFFICE
37
38 11.1. (AG: Collection of Debts, Claims or Obligations) The Attorney General is hereby authorized to contract for the
39 collection of debts, claims or obligations due to the State, or any of its departments or institutions.
40 11.2. (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or
41 temporary attorney as an employee except upon the written approval of the Attorney General and at a compensation approved
42 by him. All such attorneys shall at all times be under the supervision and control of the Attorney General except as
SECTION 11 - ATTORNEY GENERAL'S OFFICE PAGE 480
1 otherwise provided by law unless obtaining prior approval by the Budget and Control Board.
2 11.3. (AG: Engage Attorney on Fee Basis) No department or agency of the State Government shall engage on a fee
3 basis any attorney at law except upon the written approval of the Attorney General and upon such fee as shall be approved
4 by him. This shall not apply to the employment of attorneys in special cases in inferior courts where the fee to be paid does
5 not exceed two hundred fifty ($250.00) dollars or exceptions approved by the Budget and Control Board.
6 11.4. (AG: Printing of Opinions & Index) The Attorney General is authorized to print for public sale, copies of his
7 published opinions and index thereto at such charges as are established by the state printer, in accordance with the cost of
8 the documents plus a twenty-five percent surcharge. All proceeds from the sale of copies of opinions or indices shall be
9 remitted to the general funds of the State and a full accounting kept thereof.
10 11.5. (AG: Asbestos Abatement Litigation) The Attorney General shall report to the Ways and Means and Senate
11 Finance Committees on the status of that office's Asbestos Abatement Litigation.
12 11.6. (AG: State Grand Jurors Subsistence) Jurors of the state grand jury shall receive daily subsistence expense equal
13 to the maximum allowable by regulation of the Internal Revenue Code for the Columbia area when summoned or serving
14 and be paid the same per diem and mileage as are members of state boards, commissions, and committees.
15 11.7. (AG: Medicaid Fraud) The Attorney General shall provide the necessary personnel, in conjunction with the
16 Department of Health & Human Services, to process and/or refer suspected Medicaid fraud cases to appropriate law
17 enforcement officials for investigation and/or legal action, as deemed necessary.
18 11.8. (AG: Legal Services Study) The Attorney General's Office shall study the legal services available to all state
19 agencies, institutions, boards and commissions including agency counsel, private counsel, and counsel of the Attorney
20 General's Office and related expenses.
21 A report based on the study must include, but is not limited to, recommendations to reduce the costs of the services and
22 to spend available monies in the most efficient way possible. The report must be presented to the chairman of the Senate
23 Finance Committee and House Ways and Means Committee by January 31, 1996. The study ends upon presentation of the
24 report.
25 11.9. (AG: Securities Act Violations) DELETED
26 11.10. (AG: Insurance Fraud Division) The Insurance Fraud Division of the Attorney General's Office is authorized to
27 collect and receive all fines and penalties imposed pursuant to South Carolina Code Sections 38-55-550 and 38-55-560. Any
28 such fines and penalties shall be remitted to the General Fund.
29 11.11. (AG: Litigation Expense) Notwithstanding any other provision of law, the Office of the Attorney General may
30 obtain reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its
31 officers and agencies in civil and administrative proceedings. These costs may include, but are not limited to, travel
32 expenditures, depositions, printing, transcripts, and personnel costs. Reimbursement of these costs may be obtained by the
33 Office of the Attorney General from the budget of an agency or officer that it is representing or from funds generally
34 appropriated for legal expenses with the approval of the Budget and Control Board.
35 11.12. (AG: Youth Mentor Program) The Attorney General's Office shall establish a Youth Mentor Program to serve
36 juvenile offenders in Family Court. The program shall be used as a pre-trial diversion option for solicitors. The Attorney
37 General is authorized to hire a director of the Youth Mentor Program who shall be paid with existing funds from the
38 classified positions line item in the Attorney General's Office budget. The Youth Mentor Program may be administered when
39 a juvenile is charged with a non-violent criminal offense and the solicitor feels that justice would be better served if the
40 juvenile offender completed a church mentor program. Upon completion of the program, the criminal charges shall be
41 dismissed. The Youth Mentor Program is a voluntary program and the juvenile or his parents or guardians have a right to
42 refuse to participate based upon their religious beliefs or for any other reason. The Attorney General's Office shall establish
SECTION 11 - ATTORNEY GENERAL'S OFFICE PAGE 481
1 guidelines for this program, the mentors and the churches, mosques, masjids and synagogues that participate in the Youth
2 Mentor Program. The circuit solicitors are authorized to charge juvenile offenders that participate in the Youth Mentor
3 Program a fee to offset the actual cost of administering the program.
4
5
6 E21 - SECTION 12 - PROSECUTION COORDINATION COMMISSION
7
8 12.1. (PCC: Solicitor Salary) The amount appropriated in this section for salaries of Solicitors shall be paid to each
9 full-time Solicitor.
10 12.2. (PCC: Solicitor Expense Allowance) Each solicitor shall receive two hundred fifty dollars ($250.00) per month
11 as expense allowance.
12 12.3. (PCC: Judicial Circuits State Support) The amount appropriated and authorized in this section for Judicial Circuits
13 (16) State Support shall be apportioned among the circuits on a per capita basis and based upon the official census of 1990.
14 Payment shall be made as soon after the beginning of the first and third quarter as practical.
15 12.4. (PCC: Solicitor Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, may be carried
16 forward into the current fiscal year and expended for the operation of the Solicitor's office relating to operational expenses.
17 12.5. (PCC: Solicitor's Office - County Funding Level) It is the intent of the General Assembly that the amounts
18 appropriated for solicitors' offices shall be in addition to any amounts presently being provided by the county for these
19 services and may not be used to supplant funding already allocated for such services without any additional charges.
20 12.6. (PCC: Serious Offenses Funding) It is the intent of the General Assembly that more than 50% of the funds for
21 Judicial Circuits-State Support which exceeds the amount appropriated by the General Assembly in FY 1995-96, must be
22 utilized for the expeditious disposition of "most serious offenses" and "serious offenses" as defined by S.C. Code Section 17-25-45.
23
24
25 E23 - SECTION 14 - COMMISSION ON INDIGENT DEFENSE
26
27 14.1. (INDEF: Defense of Indigents Formula) The amount appropriated in this section for "Defense of Indigents" shall
28 be apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the
29 official United States Census for 1990. The level of contribution of each county as of July 1, 1992, must be maintained.
30 No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 1992. Within
31 the amount of money established for indigent defense services, the State shall set aside $2,750,000 (Death Penalty Trial
32 Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the
33 expenses of the operation of the Commission on Indigent Defense. The State also shall set aside $1,000,000 annually to pay
34 fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund). Of the funds
35 generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, and from the fees imposed under
36 Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 17-3-30(B), on a
37 monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund until
38 each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned
39 among the counties' public defender offices pursuant to Section 17-3-70. When either the Death Penalty Trial Fund or the
40 Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until
41 it is completely funded. Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue
SECTION 14 - COMMISSION ON INDIGENT DEFENSE PAGE 482
1 collected pursuant to Section 14-1-213 and Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must
2 be apportioned among the counties' public defender offices pursuant to Section 17-3-70. At the end of each fiscal year, any
3 funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B). At the end of each fiscal year any
4 leftover funds shall carryover to the next fiscal year. All applications for the payment of fees and expenses in capital cases
5 shall be applied for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent Defense.
6 All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section
7 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense.
8
9 For the current fiscal year, Section 16-3-26 of the 1976 Code of Laws is amended to read:
10 "Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention
11 to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense
12 attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
13 (B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that
14 such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the
15 trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at
16 least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public
17 Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall
18 be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if
19 qualified, before turning to the Office of Indigent Defense.
20 Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to
21 the Office of Indigent Defense for the defense of indigents. Any attorney appointed shall be compensated at a rate not to
22 exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court.
23 Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent
24 Defense for the defense of indigents represented by court-appointed, private counsel.
25 (C) (1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably
26 necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court
27 shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from
28 funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court
29 shall deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent
30 represented by either court-appointed, private counsel or the public defender.
31 (2) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the
32 Office of Indigent Defense within thirty days after the completion of the case. For the purposes of this statute, exhaustion
33 of the funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and
34 expenses have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a
35 month and the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission
36 must transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the
37 obligation to the extent possible.
38 (D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies,
39 in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation
40 adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services
41 provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await
42 prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
SECTION 14 - COMMISSION ON INDIGENT DEFENSE PAGE 483
1 (E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other
2 expenditures on behalf of the defendant.
3 (F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to
4 be certified as competent to handle death penalty cases.
5 (G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for
6 and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies
7 the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case the
8 chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief
9 administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of
10 Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on
11 a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to
12 present an attorney from the area or region where the action is initiated.
13 (H) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial
14 occurs on or after July 1, 1993."
15 (I) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents
16 of this State may be appointed by the Court and compensated with funds appropriated to the Death Penalty Trial Fund in
17 the Office of Indigent Defense. This proviso shall not pertain to any case in which council has been appointed on the
18 effective date of this Act.
19 (J) The Judicial Department biennially shall develop and make available to the public a list of standard fees and
20 expenses associated with the defense of an indigent person in a death penalty case.
21
22 For the current fiscal year, Section 17-3-30 of the 1976 Code of Laws is amended to read:
23 "Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially
24 unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they
25 are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the
26 defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist
27 therein, to the Office of Indigent Defense of the State of South Carolina.
28 (B) A twenty-five dollar application fee for public defender services must be collected from every person who
29 executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other
30 appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that
31 the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate
32 official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis.
33 The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for
34 indigent defense services. The monies shall be administered by the Office of Indigent Defense.
35 (C) Sufficient funds shall be set aside from allocations provided for the defense of indigents to provide for adequate
36 screening of applications for indigent assistance to ensure the applicant is qualified."
37
38 For the current fiscal year, Section 17-3-330 of the Code of Laws of 1976 is amended to read:
39 "Section 17-3-330. (A) The Office of Indigent Defense shall:
40 (1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of
41 indigents, including funds allocated to counties' public defender offices pursuant to formula, funds for the defense of capital
42 cases, funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes;
SECTION 14 - COMMISSION ON INDIGENT DEFENSE PAGE 484
1 (2) perform those functions provided under Section 16-3-26(G);
2 (3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system
3 in this State;
4 (4) implement other duties the commission may direct; and
5 (5) report annually to the General Assembly on the indigent defense system.
6 (B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines,
7 after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-
8 capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and
9 expenses in capital cases; provided however this shall occur only in the event the funds in the capital fund have been
10 exhausted at that time. This fund shall at no time exceed $2,750,000.
11 (C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents
12 of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the
13 Office of Indigent Defense.
14 14.2. (INDEF: State Employee Compensation Prohibited) Except as otherwise provided in Section 72.1., no money
15 appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as
16 examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing such
17 services by their employees.
18
19
20 E24 - SECTION 15 - ADJUTANT GENERAL'S OFFICE
21
22 15.1. (ADJ: Tuition Assistance Program) Funds received from students who failed to enroll or withdraw from programs
23 under the Tuition Assistance Program may be deposited in the Tuition Assistance Program Appropriation Account and
24 expended for the same purpose as the original appropriation.
25 15.2. (ADJ: Unit Maintenance Funds) Notwithstanding any other provision of law, the funds appropriated as unit
26 maintenance funds shall be distributed to the various National Guard units at the direction of the Adjutant General.
27 15.3. (ADJ: Revenue Collections) All revenues collected by National Guard units from county and city appropriations,
28 vending machines, rental of armories, court martial fines, federal reimbursements to armories for telephone expenses, and
29 other collections be retained and expended in its budgeted operations.
30 15.4. (ADJ: Rental Fee for Election Purposes) The maximum fee that an armory may charge for the use of its premises
31 for election purposes shall be the cost of providing custodial services, utilities and maintenance.
32 15.5. (ADJ: Parking Lot Revenues) Notwithstanding other provisions of this Act, as a security measure for the State
33 Military Department's headquarters building and grounds, the Adjutant General may control and contractually lease the
34 headquarter's building parking facilities, during events at the University of South Carolina's Williams-Brice Stadium, to a
35 state chartered and federally recognized 501(c)(4) tax exempt agency employees' association who may then sub-lease
36 individual parking spaces. Such a contract must require the employees association to obtain liability insurance against
37 wrongful death or injury. The contract must clearly hold the Adjutant General's Office, its officers, and the State of South
38 Carolina harmless from any liability resulting from the use of the parking lot when rented by the employees association.
39 In addition, the contract must specify that the State of South Carolina's Military Department shall receive no less than thirty-
40 three percent of the gross profits from the sub-leasing of the parking spaces. The contract must allow the State to audit the
41 employees association's funds. Funds at the Adjutant General's Office derived wholly from the rental of Adjutant General's
42 headquarters' parking lot may be retained at the Adjutant General's Office, but may not be used for employee prerequisites.
SECTION 15 - ADJUTANT GENERAL'S OFFICE PAGE 485
1 15.6. (ADJ: State Guard Uniforms) Any element of the Militia of this State may be uniformed in such surplus uniforms
2 as may be made available to this State, except that the insignia of the United States shall be removed and for it shall be
3 substituted distinctive insignia of the State of South Carolina.
4 15.7. (ADJ: Armory Rental Program) The Adjutant General is authorized to develop and implement an armory rental
5 program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental
6 program must be uniform in its application to the maximum extent possible. Funds generated by this program may be
7 retained and expended for armory maintenance and operations.
8
9
10 E28 - SECTION 16 - ELECTION COMMISSION
11
12 16.1. (ELECT: County Registration Board and County Election Commission Compensation) The amount amounts
13 appropriated in this section for "County Board of Registration Board Members and County Election Commissioners," shall
14 be disbursed annually at the rate of $4,800 to each to the County Treasurer at the rate of $1,000 for each member, not to
15 exceed $10,000 per county. These funds shall be disbursed equally to the members of the County Boards of Registration
16 only. The County Treasurer shall use these funds only for the compensation of County Registration Board Members and
17 County Election Commissioners. Any funds not used for this purpose shall be returned to the State Treasurer. These funds
18 are subject to exempted from mandated budget reductions. In addition, in the calculation of any across the board agency
19 base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for
20 compensation of County Registration Board Members and County Election Commissioners shall be excluded from the agency's
21 base budget. If any County Board of Registration membership is increased from three to four or four to five members, then
22 the new board member or members may be compensated at the same rate as the then present Board Members. Any increased
23 funding, if any, for each County Board of Registration caused by this requirement shall be funded by funds provided for in
24 this section if available. If no funds are available under this section, then the additional funds may be provided for by the
25 county of that particular County Board of Registration.
26 16.2. (ELECT: County Election Commissioners Compensation) The amounts appropriated in this section for "County
27 Election Commissioners" shall be disbursed annually to the County Treasurer at the rate of $440 for each member of the
28 County Election Commission, not to exceed $2,200 per County. The County Treasurer shall use these funds only for
29 compensation of Commissioners for state and county general elections. Any funds not used shall be returned to the State
30 Treasurer. Such payments shall not be construed as salary compensation. These funds are subject to mandated budget
31 reductions.
32 16.3. (ELECT: Elections Managers & Clerks Per Diem) Managers and clerks of state and county elections shall receive
33 a per diem of $25.00 $35.00; but managers shall not be paid for more than two days for any election and clerks for not more
34 than three days for any election. The Commission may adjust the per diem of $25.00 $35.00 for the managers and clerks
35 of the statewide election to a higher level only to the extent that the appropriation for the statewide election is sufficient to
36 bear the added cost of increasing the per diem and the cost of the statewide election.
37 16.4. (ELECT: Board of State Canvassers Compensation) $100.00 additional compensation per day may be paid to each
38 member of the Board of State Canvassers up to a total of 15 days that may be required for hearings held by the members
39 of the Board of State Canvassers.
40 16.5. (ELECT: Sale of Lists Revenue Carry Forward) Any revenue generated from the sale of election lists may be
41 retained and expended by the South Carolina Election Commission to reimburse the State Budget and Control Board, Division
42 of Operations, for the printing of such lists and to pay expenses of postage and shipment of these lists to electors who
SECTION 16 - ELECTION COMMISSION PAGE 486
1 purchase them. After such reimbursement has been made an amount, not to exceed $220,000, shall be used for non-
2 recurring expenses in conjunction with Act 248 of 1991, the Ethics, Government Accountability, and Campaign Reform Act
3 and in conjunction with extraordinary special election and legal costs. Any balance in the Sale of Lists Account on June 30,
4 of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.
5 16.6. (ELECT: Budget Reduction Exemption) Funds appropriated for non-recurring general and primary election
6 expenses are exempted from mandated across the board reductions. In addition, in the calculation of any across the board
7 agency base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds
8 appropriated for non-recurring primary and general election expenses shall be excluded from the agency's base budget.
9 16.7. (ELECT: State Supplement) If a county, by legislation, chooses to combine its Board of Registration and Election
10 Commission into one board, the state supplement outlined in Provisos 16.1 and 16.2 shall provide $960 for each of the first
11 five members and $440 for each additional member. The county shall divide these funds equally among the total number
12 of members appointed to the joint board. These funds are subject to mandated budget reductions.
13 16.8. (ELECT: Primary Election Carry Forward) Filing Fees received from candidates filing to run in statewide or
14 special primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary
15 elections. Any balance in the filing fee accounts on June 30, of the prior fiscal year may be carried forward and expended
16 for the same purposes during the current fiscal year. In addition, any balance in the Primary Election Accounts on June 30,
17 of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.
18 16.9. (ELECT: Automated Voting Systems Carry Forward) Funds provided to the agency as state match for purchasing
19 automated voting systems shall be carried forward to be expended for the same purposes in the current fiscal year.
20 16.10. (ELECT: Training & Certification Program) All members and staff of County Boards of Voter Registration and
21 County Election Commissions will receive a common curriculum to include core courses on the duties and responsibilities
22 of county registration boards and county election commissions and electives to promote quality service and professional
23 development. Up to $35,000 of revenue generated by charging a fee to attend these courses may be retained and expended
24 by the South Carolina Election Commission to help cover the cost of providing the training. Any balance in the training and
25 certification account on June 30, of the prior fiscal year may be carried forward and expended for the same purpose during
26 the current fiscal year.
27
28
29 F05 - SECTION 17A - B&C BOARD, DIVISION OF THE EXECUTIVE DIRECTOR
30
31 17A.1. (BCB/DED: BA - Civil Contingent Fund - Disbursements) Warrant requisitions for the disbursement of funds
32 appropriated in this Section shall be approved by the respective division heads. The Civil Contingent Fund, appropriated
33 in Subsection 17A of this Section shall be expended only upon unanimous approval of the State Budget and Control Board,
34 and upon warrant requisitions signed as directed by the State Budget and Control Board, to meet emergency and contingent
35 expense of the State Government. None of the Civil Contingent Fund shall be used to increase the salary of any State
36 employee.
37 17A.2. (BCB/DED: BA - Total Quality Management) It is the intent of the General Assembly to adequately train the
38 State's work force to enable agencies to achieve their missions and to serve their customers. The Executive Director of the
39 Budget and Control Board will be responsible for coordinating the quality training effort for state government agency heads,
40 managers, and employees for the purpose of strategic planning, leadership skills, team facilitator, supervision and customer
41 service training. All employees initially undergoing Total Quality Management training will receive a common curriculum,
42 to include the philosophy, teamwork training and problem solving techniques of Total Quality Management. As the training
SECTION 17A - B&C BOARD, DIV. OF THE EXECUTIVE DIRECTOR PAGE 487
1 functions progress, organizational plans for using the Total Quality Management process will be drawn up and reviewed with
2 agency heads, with action teams subsequently being formed for improvements. Recognition of all progress made will be
3 consistently given. Funds shall be used to identify state agencies that are in direct contact with the public and provide
4 training that will ensure employees courteously and effectively meet taxpayers' needs. The funds provided for quality
5 training shall not be transferred to any other program or used for any other purpose. Funds allocated for this purpose not
6 expended in the prior fiscal year may be carried forward to be expended in the current fiscal year. The State Director of
7 Total Quality Management is responsible for the development of a Quality Program based on criteria used for the Malcolm
8 Baldridge National Quality Award.
9 17A.3. (BCB/DED: BA - Brandenburg Coordination Committee) Of the $50,000 appropriated in this section for the
10 Brandenburg Coordination Committee, funds are to be spent in support of cultural, educational, agricultural, scientific,
11 governmental or business exchanges and agreements between South Carolina and the sister state of Brandenburg, Germany
12 and related German interests. The Executive Director of the Budget and Control Board will submit an annual report to the
13 Governor, the Chairmen of the Senate Finance Committee and the House Ways & Means Committee detailing such activities.
14 17A.4. (BCB/DED: BA - Accounting System Analysis - Interagency Study Committee) In consultation with the
15 Governor, the Chairman of the Senate Finance Committee and the Chairman of the Ways and Means Committee, the
16 Executive Director of the Budget and Control Board is authorized to appoint interagency study committees to explore
17 innovative solutions to administrative or managerial problems which are deemed to be system-wide in their impact. The
18 committees will be fully trained in quality management problem-solving techniques and strategies. Funds appropriated for
19 purposes of fostering innovation in the Fiscal Year 1993-94 Supplemental Appropriation for the Office of Executive Director,
20 Budget and Control Board, Accounting System Analysis which are unexpended in the preceding fiscal year may be carried
21 forward to be used in the current fiscal year for the same purpose.
22 17A.5. (BCB/DED: BA - Computer Services Consolidation) It is the intent of the General Assembly to consolidate
23 management of computing services and computer support services under the Budget and Control Board. The Executive
24 Director of the Budget and Control Board shall develop a long-term strategic plan to accomplish this consolidation and to
25 centralize all State Data Centers, and shall present a progress report to the Governor, the Chairman of the Senate Finance
26 Committee and the Chairman of the Ways and Means Committee by January 15, 1997, and completed recommendations
27 within one year. The plan must be structured in phases with a final implementation date no later than July, 2001. The
28 Legislature, Judiciary, higher education institutions and technical education institutions are exempt from this proviso.
29 17A.6. (BCB/DED: BA - EFA Litigation Carry Forward) In addition to the funds appropriated for the EFA litigation for
30 FY 1996-97, any unexpended balance from the funds authorized for the EFA litigation in previous fiscal years shall be carried
31 forward to be expended in the same manner and for the same purposes in 1996-97.
32
33
34 F07 - SECTION 17B - B&C BOARD, DIVISION OF OPERATIONS
35
36 17B.1. (BCB/DO: OGS - Procurement of Art Objects) Before any governmental body, with the exception of the South
37 Carolina Museum Commission, as defined under the South Carolina Consolidated Procurement Code procures any art objects
38 such as paintings, antiques, sculptures, or similar objects above $1,000, the head of the Purchasing Agency shall prepare
39 a written determination specifying the need for such objects and benefits to the State. The South Carolina Arts Commission
40 shall review such determination for approval prior to any acquisition.
41 17B.2. (BCB/DO: OGS - Real Property - Sale/Leaseback/ Repurchase Revenue Account) In order to ensure the stability
42 of any sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, the Budget
SECTION 17B - B&C BOARD, DIV. OF OPERATIONS PAGE 488
1 and Control Board is directed to establish a separate and distinct account for the deposit of the net proceeds of the sale or
2 net annual charges derived from any such property. Any funds held in such separate and distinct accounts shall only be used
3 for the purpose of repurchasing the property and/or the establishment of a reserve fund as outlined in the contract documents
4 for the property, until such time as the Agreements on the property are fulfilled. It is the intention of the General Assembly
5 to appropriate sufficient funds on an annual basis to enable the Budget and Control Board to meet the required lease payments
6 and other necessary expenditures associated with any sale/leaseback agreement involving real property.
7 17B.3. (BCB/DO: OGS - Fleet Management Program) It is the intent of the General Assembly that the Division of
8 Operations establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management
9 Program. The Division shall collect, retain and carry forward funds to ensure continuous administration of the program.
10 17B.4. (BCB/DO: OGS - Surplus Property Exemption) The Division of Operations and law enforcement agencies may
11 retain the proceeds from the sale of surplus property for fleet replacement less the cost of disposition incurred by the Division
12 of Operations.
13 17B.5. (BCB/DO: OIS - IRF Forestry Commission Loan) The Insurance Reserve Fund is authorized to loan the Forestry
14 Commission the amount needed to satisfy the settlement of the overtime compensation claim currently pending, including
15 the related Employer Contribution costs; provided the agency first dedicates all its available financial resources (at the time
16 of settlement) to payment of the settlement.
17 The loan repayment schedule is to be negotiated between the Forestry Commission and the State Budget and Control
18 Board, and the interest rate must be the same rate established by the State Treasurer. The funds for repayment are authorized
19 to come from any existing agency resources, and must not require any additional State appropriation.
20 17B.6. (BCB/DO: OLG - Carry Forward - BCB Grant Program, Special Projects & EPA Grant Match Funds) Funds
21 appropriated under Section 17B, Division of Operations, "Aid to Entities": Budget and Control Board Grant Program Funds,
22 Special Projects and EPA Grant Match Funds which are not expended in the prior fiscal year may be carried forward to be
23 expended in the current fiscal year. Of the Grant Funds appropriated under the Division of Operations, $400,000 may be
24 used for operating costs of the Division in order to enhance the technical assistance capabilities of the Office of Local
25 Government.
26 17B.7. (BCB/DO: OLG - Carry Forward - State Water Pollution Control Revolving Fund) If any funds accumulated by
27 the Budget and Control Board, Division of Operations from loan fees are not expended during the preceding fiscal years,
28 such funds may be carried forward and expended for the costs associated with conducting the State Revolving Fund programs
29 for wastewater or drinking water.
30 17B.8. (BCB/DO: OLG - State Water Pollution Control Revolving Fund) In the event that any state funds remain after
31 fully matching federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such
32 funds may be deposited into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50.
33 17B.9. (BCB/DO: OLG - Community Development Block Grant) The funds appropriated on special line item "CDBG"
34 are to provide funds for meeting federal matching requirements for administrative costs incurred by the State in administering
35 program income funds received from federally funded economic development grants.
36 17B.10. (BCB/DO: OGS - Museum Food Service) For FY 1995-96, the Division of Operations of the Budget and
37 Control Board will be responsible for the rent associated with 5,850 square feet of space designated by the State Museum
38 for a food service facility until such time as the Division of Operations of the B & C Board, in consultation with the
39 Executive Director of the State Museum, has procured a lease for this space from a food service vendor or has determined
40 the lack of feasibility for such an effort.
41 17B.11. (BCB/DO: OLG - Carry Forward - BCB Infrastructure Grant Fund) Funds appropriated in the Fiscal Year
42 1993-94 Supplemental Appropriation for the Office of Local Government, Division of Operations, Infrastructure Grant
SECTION 17B - B&C BOARD, DIV. OF OPERATIONS PAGE 489
1 Revolving Fund which are unexpended in the preceding fiscal year may be carried forward to be used in the current fiscal
2 year for the same purpose of funding infrastructure projects in economically distressed areas as provided for in Section 41-43-
3 180 of the 1976 Code.
4 17B.12. (BCB/DO: OLG - Debt Service) Of the Grant Funds appropriated under the Division of Operations, up to
5 $330,000 $420,000 may be expended for debt service if funds are not made available for such purpose in this act or any act
6 supplemental thereto.
7
8
9 F09 - SECTION 17C - B&C BOARD, DIVISION OF BUDGET AND ANALYSES
10
11 17C.1. (BCB/DBA: OSB - Agencies Affected by Restructuring) The Budget and Control Board is directed to work with
12 affected State agencies in order to phase-in operations of restructured organizations during Fiscal Year 1995-96. 1996-97.
13 Restructured organizations should be operating entirely under the revised structure not later than June 30, 1996. 1997. The
14 Board is further directed to work with the affected agencies in order to identify and facilitate the transfer of any portion of
15 their operations, including transfer of funds, during Fiscal Year 1995-96, 1996-97, which is affected by the restructured
16 organization adopted by the General Assembly, but which has not already been accomplished herein. Until sufficient changes
17 can be made to the State's accounting system and the appointment of appropriate agency heads, the Comptroller General and
18 the State Treasurer shall allow those agencies affected by restructuring to continue processing documents within the account
19 structure existing on June 30, 1995. 1996. Restructured agencies shall make all the necessary accounting adjustments to
20 complete the transition to the new account structure as soon as possible, but no later than June 30, 1996. 1997.
21 17C.2. (BCB/DBA: OHR - Compensation - Agency Head Salary) Notwithstanding any other provision of law in the event
22 of an agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable
23 recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for the agency head at a rate that
24 exceeds the minimum of the range established by the Agency Head Salary Commission. The Budget and Control Board shall
25 have final approval authority for agency head salaries. Boards and Commissions of newly created agencies shall not offer
26 a salary to a prospective agency head until a salary range has been established and the salary approved by the Agency Head
27 Salary Commission. The funding for such purpose should come from resources within the agency. The Agency Head Salary
28 Commission shall recommend to the Budget & Control Board salary increases for agency heads. No agency head shall be
29 paid less than the minimum of the pay range nor receive an increase that would have the effect of raising the salary above
30 the maximum of the pay range. Funding shall be provided for an amount equivalent to the pay increase for all classified
31 employees. Any remaining increases recommended by the Agency Head Salary Commission shall be funded from the
32 individual agency budget. All increases shall be effective on or after October 1, of the current fiscal year.
33 In the event of a Technical College President vacancy, the appointing authority must have prior favorable recommendation
34 of the Agency Head Salary Commission to set, discuss or offer a salary for Technical College Presidents at a rate that
35 exceeds the midpoint of the salary range. The Budget and Control Board shall have final approval authority for these
36 salaries.
37 17C.3. (BCB/DBA: OHR - Compensation - Reporting of Supplemental Salaries) Any compensation, excluding travel
38 reimbursement, from an affiliated public charity, foundation, clinical faculty practice plan, or other public source or any
39 supplement from a private source to the salary appropriated for a state employee and fixed by the State must be reported by
40 the employee to the Division of Budget and Analyses of the Budget and Control Board. The report must include the amount,
41 source, and any condition of the supplement. Any change in the amount, source, or condition must be reported to the
42 division by the employee.
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 490
1 17C.4. (BCB/DBA: OHR - Vacancy Report/Appropriations for Compensation/Quarterly Allocations) In providing in this
2 Act for compensation of state employees, the General Assembly recognizes that a continuing minimum number of position
3 vacancies among state agencies is inevitable and that the full amount appropriated for employee compensation will not likely
4 be required. In order to provide for efficient administration and use of such appropriations, the Budget and Control Board
5 is authorized to require such periodic reports from agencies as will reflect actual compensation requirements during the
6 course of the year and to allot to agencies on a quarterly basis such amounts of appropriations for compensation as may be
7 necessary to meet actual requirements only.
8 17C.5. (BCB/DBA: OHR - Employment Rights Affected by Restructuring) Provided, that all State employees affected
9 by the restructuring of State agencies shall retain all present employment rights. Employees who are transferred or
10 reassigned as a result of restructuring who had attained permanent status as provided in the State Employee Grievance
11 Procedure Act of 1982, as amended, shall retain such rights. Employees in positions not covered by the State Employee
12 Grievance Procedure Act of 1982, as amended, who would occupy positions subject to the Act after restructuring and who
13 have more than six months service as a State employee shall have grievance rights under the Act.
14 17C.6. (BCB/DBA: OHR - Agency Head Salaries Affected by Restructuring) The salaries of Agency Directors affected
15 by restructuring will be reviewed by the Division of Budget and Analyses of the Budget and Control Board. The review by
16 the Division of Budget and Analyses will be submitted to the Agency Head Salary Commission and the Budget and Control
17 Board. The Agency Head Salary Commission shall recommend to the Budget and Control Board any salary adjustments
18 deemed appropriate for approval.
19 17C.7. (BCB/DBA: OHR - Compensation - BPI & Compression) The amounts appropriated to the Budget & Control
20 Board for Employee Pay Increase must be allocated by the Board to various state agencies to provide pay increases for
21 employees in accordance with the following plan:
22 A. With respect to classified employees:
23 1. Effective on the first pay date which occurs on or after July 1 of the current fiscal year, the compensation of
24 all classified employees shall be increased by 2.5%. This increase shall not increase the minimum of the pay grade.
25 2. In addition, effective on the first pay date which occurs on or after July 1 of the current fiscal year, an average
26 1% one-time base pay increase for compression relief shall be awarded to all classified employees with permanent status in
27 the following percentage amounts:
28 (a) Employees with less than one year of service in their current job or grade as of July 1, 1995 will receive
29 a 0.5% increase.
30 (b) Employees with at least one and less than three years of service in their current job or grade as of July 1,
31 1995 will receive a 1.0% increase.
32 (c) Employees with at least three and less than five years of service in their current job or grade as of July 1,
33 1995 will receive a 1.25% increase.
34 (d) Employees with five or more years of service in their current job or grade as of July 1, 1995 will receive
35 a 1.5% increase.
36 (e) Such increases shall be limited to the maximum of an employee's existing salary range.
37 (f) Employees in trainee or probationary status as of July 1, 1995 will not be eligible for this portion of the pay
38 increase.
39 (g) Employees must also have received at least a "meets" performance rating on their most recent performance
40 evaluation to be eligible for this portion of the pay increase.
41 B. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere
42 covered in this Act, effective on the first pay date which occurs on or after July 1, of the current fiscal year, each agency
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 491
1 is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds
2 provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual
3 average 3.5% increase. All of the salaries are subject to the provisions of Section 72.29 of Part I of this Act and Office of
4 Human Resources approval must be obtained before any employees subject to the provisions of this paragraph may be granted
5 an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject to the
6 provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs A and C.
7 C. With respect to local health care providers, the funds provided for compensation increases shall be based on an
8 annual average 3.5% increase, effective on the first pay period on or after July 1, of the current fiscal year.
9 17C.8. (BCB/DBA: OHR - Compensation - Increase Eligibility) Statewide elected officials, constitutional officers,
10 temporary positions, whether full or part-time, and agency heads, shall not be eligible for any compensation increases as
11 provided in this Act unless otherwise specified in this Act.
12 17C.9. (BCB/DBA: BEA - Membership, Compensation, Duties) Notwithstanding the provisions of 11-9-820 of the 1976
13 Code, the Board of Economic Advisors shall consist of the following members:
14 (1) one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000 annually;
15 (2) one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000
16 annually;
17 (3) One member appointed by the Chairman of the Ways and Means Committee of the House of Representatives who
18 shall receive the sum of $8,000 annually;
19 (4) Chairman of the Department of Revenue and Taxation, ex officio with no voting rights.
20 The appointed members shall serve at the pleasure of their appointors. The Chairman of the Board of Economic Advisors
21 shall report directly to the Budget and Control Board to establish policy governing economic trend analysis. The Board of
22 Economic Advisors shall provide for its staffing and administrative support from funds appropriated by the General
23 Assembly.
24 The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic
25 Advisors, Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of
26 Representatives in providing an effective system for compiling and maintaining current and reliable economic data. The
27 Board of Economic Advisors is considered a public body under the provisions of Section 30-4-20(a) of the 1976 Code. The
28 Board of Economic Advisors may establish an advisory board to assist in carrying out its duties and responsibilities. All
29 state agencies, departments, institutions and divisions shall provide such information and data as the board may require.
30 17C.10. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations
31 made herein or by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the
32 purpose being to authorize expenditures not to exceed the amounts named herein, if necessary, but only in the event the
33 aggregate revenues available during the period for which the appropriations are made are sufficient to pay them in full. The
34 State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds
35 by all agencies, departments and institutions. If the Budget and Control Board determines that a year-end aggregate deficit
36 may occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize such funds as may be available and
37 required to be used to avoid a year end deficit and thereafter take such action as necessary to restrict the rate of expenditure
38 of all agencies consistent with the provisions of this section. No institution, activity, program, item, special appropriation,
39 or allocation for which the General Assembly has provided funding in any part of this Act shall be discontinued, deleted,
40 or deferred by the Budget and Control Board. Any reduction of rate of expenditure by the Board, under authority of this
41 Act, shall be applied as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by
42 a written contract with an agency not connected with the State Government. No such reduction shall be ordered by the State
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 492
1 Budget and Control Board while the General Assembly is in session without first reporting such necessity to the General
2 Assembly and the General Assembly has taken no action to prevent the reduction within five statewide session days of
3 formal written notification.
4 As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate
5 appropriations as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in
6 order to avoid an operating deficit for the fiscal year. It should be recognized that academic year calendars of state
7 institutions will affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General or
8 the Office of State Budget shall make such reports to the Budget and Control Board as they deem advisable on any agency
9 which is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency. The
10 Budget and Control Board is authorized and directed to require any such agency, institutions or department to file a quarterly
11 allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or department if the
12 Board determines that a deficit may occur. It is the responsibility of any such agency to develop a plan, in consultation with
13 the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and Control Board make a finding
14 that the cause of and likelihood of a deficit is unavoidable due to factors which are wholly outside of an agency's control,
15 then the Board may determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly
16 of such action or the presiding officer of the House and Senate if the General Assembly is not in session. Upon receipt of
17 such notification from the Budget and Control Board, the General Assembly may authorize supplemental appropriations from
18 any surplus revenues which existed at the close of the previous fiscal year. If the General Assembly fails to take action, then
19 the finding of the Budget and Control Board shall stand, and the actual deficit at close of the fiscal year shall be reduced as
20 necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from
21 funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution. If the Budget and
22 Control Board finds that the likelihood and cause of a deficit is the result of agency management, then the bond of State
23 officials responsible for management of the agency involved shall be held liable therefor and the Board shall notify the
24 Agency Head Salary Commission of such finding. In the case of a finding that a projected deficit is the result of the
25 management of the agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such
26 a manner so as to bring expenditures in line with authorized appropriations and avoid a year end operating deficit.
27 17C.11. (BCB/DBA: OHR - Compensation - Other Chief Executive Officers Increases) Agency chief executive officers
28 not reviewed by the Agency Head Salary Commission shall receive an annual increase of 3.5% effective on the first pay date
29 which occurs on or after July 1, of the current fiscal year, unless otherwise provided in this Act.
30 17C.12. (BCB/DBA: OHR - Compensation - Judicial Officers Increases) The Chief Justice and other judicial officers
31 as prescribed by law shall receive an annual increase of 3.5% effective on the first pay date occurring on or after July 1,
32 of the current fiscal year.
33 17C.13. (BCB/DBA: OHR - Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used for
34 compensation increases for classified and unclassified employees and agency heads only in the same ratio that the employee's
35 base salary is paid from appropriated sources.
36 17C.14. (BCB/DBA: OHR - Law Enforcement Personnel Salary Review) The Budget and Control Board's Office of
37 Human Resources is hereby directed to conduct a review of existing Law Enforcement personnel salaries in Public Safety,
38 SLED, and the Department of Natural Resources and correctional officers. This study is to include comparison of grades,
39 average salaries within grades, and average salary within each grade in reference to time in each grade. Results of this
40 review should be reported to the Ways and Means Committee and the Senate Finance Committee by January 5, 1996.
41 17C.15. (BCB/DBA: OHR - Vacant Positions) In the event that any permanent position in an agency remains vacant
42 for more than one year the position may be deleted by the Budget and Control Board.
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 493
1 17C.16. (BCB/DBA: OSB - DMV Restructuring) The Budget and Control Board, in conjunction with the Department
2 of Revenue and the Department of Public Safety, shall transfer all funds and positions associated with the Division of Motor
3 Vehicles located at the Department of Revenue to the Department of Public Safety. The Department of Revenue shall transfer
4 only those funds and positions appropriated to the Department for the Motor Vehicles function.
5 17C.17. (BCB/DBA: OSB - Budget Format) DELETED
6 17C.18. (BCB/DBA: OHR - Employees Serve at Pleasure DELETED
7 17C.19. (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee
8 Pay Increase must be allocated by the Board to the various state agencies to provide for employees pay increases in
9 accordance with the following plan:
10 1. With respect to classified employees, effective on the first pay date that occurs on or after October 1 of the current
11 fiscal year, the compensation of all classified employees shall be increased by 3.4%.
12 2. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere
13 covered in this Act, effective on the first pay date which occurs on or after October 1 of the current fiscal year, each agency
14 is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds
15 provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual
16 average 3.4% increase. All of the salaries are subject to the provisions of Section 72.24 of Part IB of this Act and Office
17 of Human Resources' approval must be obtained before any employees subject to the provisions of this paragraph may be
18 granted an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject
19 to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6 or
20 7.
21 3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission
22 shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be
23 effective on the first pay date that occurs on or after October 1 of the current fiscal year. No agency head shall be paid less
24 than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary
25 above the maximum of the pay range.
26 4. Effective on the first pay date that occurs on or after October 1 of the current fiscal year, agency heads not covered
27 by the Agency Head Salary Commission, shall receive an annualized base pay increase of 3.4%.
28 5. With respect to local health care providers, the funds provided for compensation increases shall be based on an
29 annual average 3.4% increase, effective on the first pay period on or after October 1 of the current fiscal year.
30 6. Effective on the first pay date that occurs on or after October 1 of the current fiscal year, the Chief Justice and other
31 judicial officers shall receive a base pay increase of 3.4%.
32 7. Effective on the first pay date that occurs on or after October 1 of the current fiscal year, the compensation of
33 judicial employees not elsewhere covered in this act shall be increased by 3.4%.
34 17C.20. (BCB/DBA: OHR - Judicial Department Pay) DELETED
35 17C.21. (BCB/DBA: OSB - Prior Year Shown in Appropriation Bill) Effective on July 1 of the current fiscal year, the
36 Appropriation Bill must show the prior year's base budget in the appropriation budget format.
37
38
39 F27 - SECTION 17D - B&C BOARD, STATE AUDITOR'S OFFICE
40
41 17D.1. (BCB/AUD: Access of Records) Notwithstanding any other provision of law, for the purposes of carrying out
42 his duties, the State Auditor and his assistants or designees shall have access to all records and facilities of every state agency
SECTION 17D - B&C BOARD, STATE AUDITOR'S OFFICE PAGE 494
1 during normal operating hours. Furthermore, the State Auditor and his assistants or designees shall have access to all
2 relevant records and facilities of any private organization which is appropriated state monies, relating to the management
3 and expenditures of such funds, during the organization's normal operating hours. In the performance of his official duties,
4 the State Auditor and his assistants or designees are subject to the statutory provisions and penalties regarding the
5 confidentiality of records of the respective agency, or organization, under review. All audit working papers and memoranda
6 of the State Auditor, with the exception of final audit reports, are confidential and not subject to public disclosure.
7 17D.2. (BCB/AUD: Audit Timeframes) Notwithstanding any other provision of law, the State Auditor may examine less
8 often than annually agencies, departments, commissions and divisions provided that every such agency, department,
9 commission or division shall be examined no less often than every third year.
10 17D.3. (BCB/AUD: Contracts for State Audits) In the event qualified personnel cannot be hired during the current fiscal
11 year, any unused personal service funds in Subsection 17D, may be used to contract private firms to perform audits as
12 prescribed by the State Auditor.
13 17D.4. (BCB/AUD: Fraud Hot Line) The State Auditor is directed to maintain a Fraud Hot Line, and provide statewide
14 toll free telephone service for use by citizens of this State to report incidences of waste, fraud, misuse, and abuse of state
15 funds. The State Auditor is further directed to advertise the Fraud Hot Line in an appropriate manner.
16 17D.5. (BCB/AUD: Medical Assistance Audit) The Department of Health and Human Services shall remit to the General
17 Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance
18 Audit as established in the State Auditor's Office of the Budget and Control Board Section 17D such amount to also include
19 appropriated salary adjustments and employer contributions allowable to this program. Such remittance to the General Fund
20 shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and Control Board.
21
22
23 F29 - SECTION 17E - B&C BOARD, RETIREMENT DIVISION
24
25 17E.1. (BCB/RET: Authorization to Pay For Data Processing Services) The Retirement System is authorized to pay the
26 Budget & Control Board - Division of Executive Director from funds appropriated to contractual services a charge for data
27 processing services. The cost will be determined on an hourly basis and shall not exceed the sum of $600,000.
28 17E.2. (BCB/RET: Retirement Benefits Limits Increase) Notwithstanding any other provision of law, except as provided
29 below, retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) sponsored nursing home
30 care as of June 30, of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year.
31 However, a retired employee affected by the above prohibition may receive the scheduled increase if he is discharged from
32 the nursing home and does not require admission to a hospital or nursing home within six months. The Department of Health
33 & Human Services, the Department of Social Services, and the State Retirement Systems must share the information needed
34 to implement this proviso.
35 17E.3. (BCB/RET: Retirement Contributions - Monthly Transfers) Notwithstanding the amounts appropriated in
36 Subsection 17F of this Section as "State Employer Contributions," the State Treasurer and Comptroller General are hereby
37 authorized and directed to transfer from the General Fund of the State to the proper Retirement System Accounts, month
38 by month, during the current fiscal year, such funds as are necessary to comply with the terms of the Retirement Act as
39 amended, with respect to contributions by the State of South Carolina to the Retirement System.
40 17E.4. (BCB/RET: Temporary Scientific Consultative Employment) Any teacher or employee especially skilled in
41 scientific knowledge and attainment may be temporarily employed by any part of the government or any agency thereof in
42 a consultative capacity on a per diem compensation without such temporary consultative employment in any way affecting,
SECTION 17E - B&C BOARD, RETIREMENT DIVISION PAGE 495
1 reducing or canceling his retirement benefits but such temporary consultative employment shall not exceed six months in any
2 one year.
3
4
5 F30 - SECTION 17F - B&C BOARD, EMPLOYEE BENEFITS
6
7 17F.1. (BCB/EB: Benefits - Proportionate Payment) It is the intent of the General Assembly that any agency of the State
8 Government whose operations are covered by funds from other than General Fund Appropriations shall pay from such other
9 sources a proportionate share of the employer costs of retirement, social security, workmen's compensation insurance,
10 unemployment compensation insurance, health and other insurance for active and retired employees, and any other employer
11 contribution provided by the State for the agency's employees.
12 17F.2. (BCB/EB: Unemployment Compensation Account) Unemployment Compensation premiums collected from state
13 agencies will be deposited into a separate account and used to pay Unemployment Compensation benefits to eligible
14 employees of the State. Premiums will be based on experience ratings provided by private consultants and the Budget and
15 Control Board. The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to
16 ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund. All interest
17 earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs.
18 17F.3. (BCB/EB: Unemployment Compensation Administration) The Budget and Control Board may hire consultants
19 or a management firm to assist in the administration of the unemployment compensation program for state employees and
20 for that purpose may use funds appropriated or otherwise made available for unemployment payments. The Budget and
21 Control Board is authorized to make such transfers as are necessary to accomplish this purpose. The Budget and Control
22 Board shall report annually to the General Assembly in writing the complete name, address and amounts paid to any such
23 consultants or management firm.
24 17F.4. (BCB/EB: Unemployment Compensation Insurance Claims) Notwithstanding the amounts appropriated in
25 Subsection 17F of this Section as "Unemployment Compensation Insurance" to cover unemployment benefit claims paid to
26 employees of the State Government who are entitled under Federal Law, the State Treasurer and the Comptroller General
27 are hereby authorized and directed to pay from the General Fund of the State to the South Carolina Employment Security
28 Commission such funds as are necessary to cover actual benefit claims paid during the current fiscal year which exceed the
29 amounts paid in for this purpose by the various agencies, departments and institutions subject to unemployment compensation
30 claims. The Employment Security Commission shall certify quarterly to the Budget and Control Board the State's liability
31 for such benefit claims actually paid to claimants who were employees of the State of South Carolina and entitled under
32 Federal law. The amount so certified shall be remitted to the Employment Security Commission.
33 17F.5. (BCB/EB: Workers' Compensation Insurance Claims) Notwithstanding the amounts appropriated in Subsection
34 17F of this Section as "Workers' Compensation Insurance" to cover Workers' Compensation benefit claims paid to employees
35 of the State Government who are entitled under State Law, the State Treasurer and the Comptroller General are hereby
36 authorized and directed to pay from the General Fund of the State to the State Accident Fund such funds as are necessary
37 to cover actual benefit claims paid and expenses relating to the operations of the agency during the current fiscal year which
38 exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State Accident Fund
39 shall certify quarterly to the Budget and Control Board the State's liability for such benefit claims actually paid to claimants
40 who are employees of the State of South Carolina and entitled under State Law. The amount so certified shall be remitted
41 to the State Accident Fund.
PAGE 496
1 F31 - SECTION 17G - B&C BOARD, CAPITAL RESERVE FUND
2
3 17G.1. (BCB/CRF: Deficit Projected - Use of CRF) If the Board of Economic Advisors revenue forecast to the Budget
4 and Control Board at any time during the current fiscal year projects that revenues for the current fiscal year will be less
5 than appropriated expenditures for this year, the Budget and Control Board in mandating necessary cuts during the current
6 fiscal year to eliminate the projected deficit must first reduce to the extent necessary the appropriation herein contained to
7 the Capital Reserve Fund, prior to mandating any cuts in operating appropriations.
8
9
10 H03 - SECTION 18A - COMMISSION ON HIGHER EDUCATION
11
12 18A.1. (CHE: Contract for Services Program Fees) The amounts appropriated in this Section for "Southern Regional
13 Education Board Contract Programs" and "Southern Regional Education Board Dues" are to be used by the Commission to
14 pay to the Southern Regional Education Board the required contract fees for South Carolina students enrolled under the
15 Contract for Services program of the Southern Regional Education Board, in specific degree programs in specified institutions
16 and the Southern Regional Education Board membership dues. The funds appropriated may not be reduced to cover any
17 budget reductions or be transferred for other purposes.
18 18A.2. (CHE: Desegregation Activities) Higher Education institutions shall continue to support and fund desegregation
19 activities within the allocations made to each agency.
20 18A.3. (CHE: Grants for Programs in Other States) Of the funds appropriated herein, not more than $25,000 may be
21 used to make grants to South Carolina residents enrolled in an accredited institution outside the State in a program (a) not
22 offered in South Carolina, or (b) a program which differs significantly from a program offered in South Carolina as
23 determined by the Commission on Higher Education. The amount awarded to any such student must be made directly to
24 the institution for the account of the grantee.
25 18A.4. (CHE: Out-of-State School of the Arts) The funds appropriated herein for Out-of-State School of the Arts must
26 be expended for an SREB Contract Program, administered by the Commission, which will offset the difference between the
27 out-of-state cost and in-state cost for artistically talented high school students at the North Carolina School of the Arts.
28 18A.5. (CHE: Real Property Disposal) Before any local area higher education commission may dispose of any real
29 property, the approval of the Budget and Control Board must be obtained.
30 18A.6. (CHE: Councils Committees, Etc., Representation) Each four-year campus of each state-supported senior college
31 and university shall have the same representation on all formal and informal councils, advisory groups, committees, and task
32 forces of the commission, not including the formula advisory committee, as the independent four-year colleges.
33 Representation on the Formula Advisory Committee shall include from the S.C. Legislature the following voting members:
34 two members of the Senate Finance Committee and two members of the House Ways and Means Committee to be appointed
35 by the respective chairman.
36 18A.7. (CHE: Access & Equity Programs) Of the funds appropriated herein for Desegregation Programs, the
37 Commission on Higher Education shall distribute at least $116,233 $105,319 to South Carolina State University, $29,036
38 $26,309 to Denmark Technical College, and $290,714 $263,415 to the Access and Equity Program. With the funds
39 appropriated herein for formula funding increases, the colleges and universities shall supplement their access and equity
40 programs so as to provide, at a minimum, the same level of minority recruitment activities as provided during the prior fiscal
41 year.
42 18A.8. (CHE: Deadline for Formula Changes) The allocations made for the immediate fiscal year following March 1
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 497
1 of any year must not be adjusted due to any change in the formula and any change in the input data into the formula after
2 March 1 of the year. Any changes in allocation due to formula changes must be held in abeyance until the next year's
3 allocation as required herein. By March 1, the Commission on Higher Education shall submit the final formula and the input
4 data into the formula to the Senate Finance Committee, the House Ways and Means Committee, the Senate Education
5 Committee, and the House Education and Public Works Committee.
6 18A.9. (CHE: Reciprocal Tuition) The University of South Carolina's Aiken Campus may offer in-state tuition to any
7 student whose legal residence is in the Richmond/Columbia County area of the neighboring state of Georgia as long as the
8 Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in
9 the Aiken/Edgefield County Area of the State of South Carolina.
10 18A.10. (CHE: Penn Center) Of the funds appropriated to Higher Education formula, $99,000 $174,000 shall be
11 allocated to the University of South Carolina - Beaufort for the Penn Center Project. The funds allocated shall not be used
12 for any other purposes and shall not be reduced due to budget reductions.
13 18A.11. (CHE: Midlands Tec Property Acquisition) Before disposal of the property on which the S.C. Fire Academy
14 currently resides, Midlands Technical College must first be given the option of acquiring this property.
15 18A.12. (CHE: CHE Carry Forward) The Commission on Higher Education may carry forward into the current fiscal
16 year any unexpended general funds from the prior fiscal year to be used only for the Access and Equity Program.
17 18A.13. (CHE: Southeastern Manufacturing Technology Center) The South Carolina Commission on Higher Education
18 shall review annually the activities of the Southeastern Manufacturing Technology Center and make a budget recommendation
19 to the General Assembly. The funds appropriated to the University of South Carolina - Columbia for the Southeastern
20 Manufacturing Technology Center may not be used for any other purpose.
21 18A.14. (CHE: Greenville Higher Education Center Rent) Of the funds appropriated to higher education, $337,694 will
22 be allocated to Greenville Technical College to pay the annual rent for the Greenville Higher Education Center.
23 18A.15. (CHE: Property Disposal) The governing body for each technical college, public college and university shall
24 review the real property titled in the name of its institution to determine if such property is excess to the institution's
25 anticipated needs and is available for disposal. All real properties determined to be excess may be disposed of with the
26 approval of the Budget and Control Board. The proceeds of such sales are to be disposed of as follows: If the property was
27 acquired as a gift, through tuition student fees, county funds, or earned income, the proceeds may be retained by the selling
28 institution for use in accord with established needs. The proceeds acquired from the sale of real property acquired through
29 unique State appropriations, State Capital Improvement Bonds, or formula funds are to revert to the State's General Fund.
30 The responsibility for providing any necessary documentation including but not limited to documenting the fund source, of
31 any real property proposed for sale rests with each respective institution.
32 18A.16. (CHE: Out-of-State Tuition Subsidy) Any funds appropriated in excess of Fiscal Year 1993-94 total
33 appropriation must be allocated to the institutions for the funding of the formula for in-state students only.
34 18A.17. (CHE: SREB Funding) Funds appropriated for SREB contracts and dues may not be transferred or reduced.
35 18A.18. (CHE: Single-Gender Institutions) In considering the comprehensive funding needs of the various institutions
36 of higher learning, the General Assembly has taken cognizance of the decisions of federal courts in various jurisdictions
37 which have held that single-gender institutions of higher learning provide valuable and unique educational opportunities and
38 are constitutionally permissible based on legitimate public policy considerations which justify single-gender education.
39 Studies conducted by several scholars have concluded that for a variety of reasons single-gender institutions have advantages
40 over coeducational institutions in numerous areas, and the data developed suggests that the differences between a single-
41 gender student population and a coeducational one justify a state's offering single-gender education. A state nevertheless
42 must appropriate its available funds so as to provide constitutionally permissible single-gender opportunities in higher
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 498
1 education based on public policy considerations governing the expenditure of funds in support of higher education which
2 justify single-gender classifications as being in the best interests of the providing state. The General Assembly, by this
3 proviso, declares and stipulates that the public policy considerations and state interests of South Carolina in establishing,
4 supporting, and providing for single-gender institutions of higher learning are as follows:
5 A. Policy of Diversity.
6 South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program
7 emphasis, student population, and location so as to provide students with a variety of academic opportunities and experiences.
8 In compliance with this policy of diversity, South Carolina has established a variety of diverse educational post-secondary
9 institutions ranging from small colleges to large regional universities, from liberal arts programs to specific research-based
10 programs, from two-year institutions to four-year institutions with no graduate programs and to four-year institutions with
11 comprehensive graduate and professional schools. In this contest, a policy of diversity should include places for single-
12 gender institutions within the overall higher education system of this State. The single-gender institutions this State has
13 supported over the years have been as a result of the legitimate state interest and desire for diversity in its educational
14 institutions, and a belief that a diverse state program that includes both single-gender programs and coeducational programs
15 better meets the individual needs of students than does a program or policy that requires all students, without regard to
16 individual needs, to attend coeducational colleges.
17 B. Policy of Meeting Need and Demand.
18 A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public demand
19 for them continues. The citizens of South Carolina want these programs and the public interest is well served by them. A
20 tremendous demand exists now and has historically existed for the type of single-gender opportunities the State has offered.
21 It may be true that this demand is somewhat unique to South Carolina and other similar states and does not necessarily exist
22 throughout the country but, nevertheless, where sufficient demand has existed for particular single-gender programs of either
23 gender thereby justifying the expenditure of public funds to support such programs, the State of South Carolina has supported
24 such programs and has a valid state interest in doing so. The current single-gender situations in South Carolina are popular,
25 fully-subscribed, and flourishing and clearly the State has a legitimate public policy interest in offering and providing the
26 types of educational experiences, including single-gender ones, that its taxpayers and citizens desire and support. In addition,
27 where a single-gender institution produces graduates of a particular discipline, training, or expertise, and the record shows
28 that this type of training could not be as successfully developed at a coeducational institution, a legitimate and important state
29 interest is served if the State through its agencies and programs or the nation through its agencies and programs utilizes these
30 graduates for compelling state or national needs.
31 C. Policy of Autonomy.
32 In the system of higher education in place in South Carolina, each institution of higher learning is governed by a board
33 of trustees which governs the institution subject to the general law and in conjunction with the Commission on Higher
34 Education. The General Assembly has directed the Commission on Higher Education and the state's institutions of higher
35 learning to seek to create an environment in which each institution can pursue its own mission within the broader statewide
36 framework.
37 The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely. Research
38 universities offer degree programs through the doctoral level and professional programs consistent with their respective
39 missions. In addition, their missions emphasize funded research and public service activities that complement academic
40 programs. Within the context of their variety of roles and missions, senior colleges offer a broad range of degree programs
41 including graduate programs at the master's degree level in selected fields as well as public service and research programs.
42 This comprehensive system as a matter of public policy should include an institution's right to choose to offer a single-gender
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 499
1 program if sufficient demand for such a program exists and if the program fits within the broad framework of the overall
2 state educational system.
3 The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain
4 guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with its
5 stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through the
6 enactment of such vehicles as specific admission requirements based on gender or other similar requirements.
7 D. Policy of Economy of Resources.
8 The resources of the State of South Carolina available for higher education are becoming more and more scarce, and it
9 is mandatory and a compelling public policy and state interest that the available resources and funding for each institution
10 of higher learning be used in the most efficient and effective manner possible.
11 Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of
12 students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the resources
13 and assets of the State. This is true because single-gender programs avoid the duplication and additional expense that would
14 be incurred if an attempt was made to offer the unique characteristics of a single-gender program at a coeducational
15 institution. A single-gender institution can deliver some specific programs including those with holistic or adversarial
16 characteristics at less cost than can a coeducational institution and the State has a legitimate public policy interest in providing
17 these types of programs at the least possible cost. Also, consistent with its policy of providing single-gender educational
18 opportunities for the reasons enumerated herein, the State of South Carolina has found that the physical plant of a single-
19 gender institution must have certain characteristics different from those of a coeducational institution for the purpose of
20 ensuring privacy, safety, and for other such considerations. To attempt to construct or adapt the physical plant of a single-
21 gender institution for the purpose of making it suitable for coeducation would be prohibitively expensive.
22 Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, it
23 is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's higher
24 education system so that unique programs may be offered to interested students in the most economical and efficient manner
25 possible without unnecessary duplication and additional expense.
26 E. Policy of Choice.
27 Single-gender institutions and their programs provide a freedom of choice to students and their families, and the General
28 Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to be destroyed.
29 Ample choices and opportunities for college educations in mixed-gender coeducational environments exist in South Carolina
30 and in other states and those individuals desiring a single-gender choice should also have the opportunity to make such a
31 choice. Single-gender institutions are not inherently unconstitutional or unlawful, and the General Assembly believes that
32 as a matter of public policy it has a duty to offer its citizens the widest range of educational opportunities it can offer in the
33 manner allowed by law, including single-gender opportunities, so that interested students are free to choose an institution
34 which, due to its distinctive educational methods, is not diminished or impaired as a result of a coeducational requirement;
35 and
36 For the reasons and policies above provided, South Carolina has historically supported and continues to support single-
37 gender educational institutions as a matter of public policy based on legitimate state interests where sufficient demand has
38 existed for particular single-gender programs thereby justifying the expenditure of public funds to support such programs.
39 Presently in South Carolina single-gender educational opportunities exist for men at The Citadel, but do not exist for
40 women in all areas and the members of the General Assembly, by this proviso, express their belief that it is appropriate for
41 this State to begin the process of providing single-gender educational opportunities for women.
42 18A.19. (CHE: Out-Of-State Tuition Subsidy Reduction) State-supported colleges and universities, including technical
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 500
1 colleges, shall not increase the tuition and fees charged to in-state undergraduate students until the institutions recapture and
2 maintain one hundred percent of the total education and general cost for out-of-state undergraduate students. Beginning July
3 1, 1994, the Commission on Higher Education shall reduce the subsidy for out-of-state undergraduate students by five percent
4 each year until the state subsidy is at twenty-five percent of the total education and general cost. At the end of these
5 periods, the state subsidy for such undergraduate students shall be twenty-five percent of the total education and general cost.
6 However, for Fiscal Year 1994-95, this reduction does not take effect until recurring and nonrecurring funds in excess of
7 $567,386,486 have been appropriated for the higher education formula.
8 Should there be any in-state undergraduate tuition increase in violation of this section, the appropriations in this act to
9 that institution shall be reduced by the amount generated by that increase.
10 18A.20. (CHE: Tuition and Fee Increases Limitation) For the current fiscal year, Institutions of Higher Education,
11 including Research Institutions, 4 year institutions, 2 year institutions and technical colleges, which receive General Fund
12 Appropriations, shall not increase in-state student tuition and fees above the current year's Higher Education Price Index.
13 18A.21. (CHE: Advanced Placement) Students successfully completing advanced placement courses and receiving a
14 score of three (3) or above on the exam shall receive advanced placement credit for each course in all post-secondary public
15 colleges in South Carolina.
16 18A.22. (CHE: Formula Funding for Converse Women's Leadership Institute) Of the funds appropriated for the higher
17 education formula, one million four hundred thousand dollars shall be allocated to The Citadel for the Women's Leadership
18 Institute at Converse College upon approval of a single-gender program by any court of competent jurisdiction. when a
19 female leadership program has been approved as in compliance with the federal district court order. This contract will in
20 no way make Converse College subject to the Commission on Higher Education's purview. Funds shall be transferred to
21 Converse College by the Citadel on a quarterly basis for students enrolled in Women's Leadership contract program on the
22 same per student basis as the per student state appropriation for cadets at The Citadel as determined under the higher
23 education formula of the Commission on Higher Education. Funds remaining after per student reimbursements, up to a total
24 of one million four hundred thousand dollars, shall be used to establish and support the Leadership Institute at Converse
25 College.
26 18A.23. (CHE: African-American Loan Program) Of the funds appropriated to the Commission on Higher Education
27 for the African-American Loan Program, $130,000 must shall be distributed to South Carolina State University, and
28 $100,000 shall be distributed to Benedict College, and $100,000 to Voorhees College and must be used for a loan program
29 with the major focus of attracting African-American males to the teaching profession. The Commission of Higher Education
30 shall act as the monitoring and reporting agency for the African-American Loan Program. $100,000 shall be distributed
31 to South Carolina State University for the purpose of funding the 1890 Leadership Institute.
32 18A.24. (CHE: Scholarship and Grants Allocation) In instances where the equal division of the appropriated funds
33 between need-based grants and the Palmetto Fellows Program exceeds the capacity to make awards in either program, the
34 Commission on Higher Education has the authority to re-allocate the remaining funds between the two programs until these
35 programs are fully implemented in FY 2000-2001, after which an equal division between the two programs shall be
36 maintained. A renewal applicant must have maintained a minimum cumulative grade point average of 2.0 on a 4.0 scale.
37 18A.25. (CHE: Carry Forward Formula Funding for Converse Women's Leadership Institute) Funds appropriated in
38 Part IB, Section 18A.26 of Act 145 of 1995 for The Citadel for the Women's Leadership Institute at Converse College shall
39 be carried forward to be used in the 1996-97 fiscal year for the same purposes authorized in Act 145 of 1995.
PAGE 501
1 H06 - SECTION 18B - HIGHER EDUCATION TUITION GRANTS
2
3 18B.1. (HETG: Disbursal of Grant Funds/Interest Earnings) South Carolina Tuition Grants Program funds shall be
4 disbursed to eligible students on a semester-by-semester basis. Interest accrued on the balance of undisbursed tuition grants
5 programs funds on deposit with the State Treasurer's Office from September 15 through December 31 shall be calculated
6 by the State Treasurer's Office and transferred within 30 days to the South Carolina Tuition Grants Program to be awarded
7 as tuition grants to eligible students.
8
9
10 H09 - SECTION 18C - THE CITADEL
11
12 18C.1. (CIT: Women's Leadership Program) The funds appropriated in Part IA, Section 18C, of this act and any other
13 funds appropriated in any other appropriation act for the Women's Leadership Program must be used exclusively for the
14 support of the Women's Leadership Program. Provided further, that no funds may be expended until the approval of a
15 single-gender program if the Fourth Circuit Court of Appeals renders a decision which would prevent the establishment of
16 the Women's Leadership Program as established in Part II of this act by any court of competent jurisdiction and the
17 appropriation authorization shall revert to the General Fund.
18 18C.2. (CIT: Women's Leadership Carry Forward) Funds appropriated in Item 50, Section 2 of Act 146 of 1995, for The
19 Citadel's Women's Leadership Program, shall be carried forward to be used in fiscal year 1996-97 for the same purposes
20 authorized in Act 146 of 1995 and as amended.
21
22
23 H45 - SECTION 18K - UNIVERSITY OF SOUTH CAROLINA
24
25 18K.1. (USC: Palmetto Poison Control Center) Of the funds appropriated or authorized herein, the University of South
26 Carolina shall expend at least $150,000 on the Palmetto Poison Control Center.
27 18K.2. (USC: Public Service Activities) Of funds appropriated to the University of South Carolina in Section 18KA
28 for public service activities, $25,000 shall be provided for the continuing operation of the Gerontology Project, $90,624 shall
29 be provided for the Law Enforcement Census and Annual Law Enforcement Report which is to be prepared by the Office
30 of Agency Research and Service, College of Criminal Justice, and $20,000 for the Old Fort Congaree Project.
31 18K.3. (USC: Confederate Relic Room Rent) Rent charged by the University of South Carolina to the Confederate
32 Relic Room, for the use of space occupied as of June 30, 1992, shall not be increased above the 1991-92 level.
33 18K.4. (USC: Child Development Centers - Indirect Cost Partial Waiver) The University of South Carolina, Columbia,
34 Lancaster, Spartanburg, and Union Campuses shall be allowed to apply a 5% indirect cost rate for their four early childhood
35 education centers supported by the SC Health and Human Services Block Grant for FY 93-94.
36 18K.5. (USC: Indirect Cost Recovery Waiver for Summer Food Service Program) The University of South Carolina
37 is granted partial waiver of the remittance of indirect cost recoveries for the Summer Food Service Program supported by
38 the Federal Department of Agriculture through the Department of Social Services. The waiver may not exceed the amount
39 of direct administrative cost for the program.
40 18K.6. (USC: Medical School - Position Transfer) The University of South Carolina positions that are funded by the
41 School of Medicine but are employees of Richland Memorial Hospital are to be transferred to the University of South
42 Carolina during Fiscal Year 1996-97. As of the date of transfer, these employees will be employees of the University of South
SECTION 18K - UNIVERSITY OF SOUTH CAROLINA PAGE 502
1 Carolina subject to the policies of the University and the State; provided, however, that such employees will be afforded all
2 benefits of state employment. Service credit at Richland Memorial Hospital will be recognized for the purpose of leave
3 accrual. Existing annual and sick leave balances will be transferred to the University of South Carolina not to exceed
4 allowable statutory leave balances. The University shall absorb these employees without additional FTE's.
5
6
7 H54 - SECTION 18M - MEDICAL UNIVERSITY OF S.C.
8
9 18M.1. (MUSC: Family Practice Residency System) Statewide family practice residency system funds appropriated
10 for faculty salaries, teaching services, and consultant fees may only be expended when the above activities are accomplished
11 for educational purposes in the family practice centers. Authorization is hereby granted to the Medical University of South
12 Carolina to expend such funds in hospital-based clinical settings apart from the consortium hospital, when such settings are
13 determined by the President of the Medical University of South Carolina with approval of the Board of the Medical
14 University to provide appropriate educational experience and opportunities to the family practice residents and these funds
15 shall not be transferred to any other program.
16 18M.2. (MUSC: Ombudsman Program) From the funds appropriated in this section, the Medical University of South
17 Carolina shall provide the space needed for the Ombudsman Program of the Office of the Governor and shall provide
18 pertinent written statements, documents, exhibits and other items, as well as any other assistance, that is deemed necessary
19 for the performance of the program's mandates.
20 18M.3. (MUSC: AHEC Residency Programs Formula Funding) South Carolina Area Health Education Consortium
21 (S.C. AHEC) shall be awarded funding for the Statewide Family Practice Residency System and the Graduate Doctor
22 Education Program based on the appropriate formula, as approved by the S.C. AHEC and the Commission on Higher
23 Education, and the level of funding shall be the same percentage as the other State Institutions of Higher Education.
24 18M.4. (MUSC: AHEC Residency Programs Funds) Funds allocated for the residency programs (Statewide Family
25 Practice and Graduate Doctor Education) shall be used for those programs only. Funds allocated for the Area Health
26 Education Center program shall be used for that program only.
27 18M.5. (MUSC: AHEC Rural Physician Recruitment Program) The SC AHEC physician recruitment office shall
28 administer the The funds appropriated to The Medical University of South Carolina for the "Rural Physician Recruitment
29 Program" "rural physician program" shall be administered by the SC AHEC Physician recruitment office. The Medical
30 University of South Carolina shall be responsible for the fiscal management of funds to ensure that state policies and
31 guidelines are adhered to. A legislatively appointed Board is hereby created to manage and allocate these funds in the best
32 interests of the citizens of South Carolina. The fiscal and management affairs shall be the responsibility of the Medical
33 University of South Carolina. A Board is hereby created to oversee the selection process and allocation of these funds. The
34 Board will be composed of the following: The Executive Director, or his designee, of the SC Primary Care Association;
35 the Dean, or his designee, of the USC School of Medicine; the Executive Director, or his designee, of the S.C. Medical
36 Association; two representatives from rural health care settings, one to be appointed by the Chairman of the Senate Medical
37 Affairs Committee and one to be appointed by the Chairman of the House Medical, Military, Public and Municipal Affairs
38 Committee; the Commissioner, or his designee, of the Department of Health and Environmental Control; the Executive
39 Director, or his designee, of the South Carolina S.C. Hospital Association; and the Commissioner, or his designee, of the
40 Commission on Higher Education; and the Director, or his designee, of the Department of Health and Human Services. The
41 Chairman, with the concurrence of the Board, shall appoint 3 at-large members with 2 representing nursing and 1
42 representing allied health services in South Carolina.
SECTION 18M - MEDICAL UNIVERSITY OF SOUTH CAROLINA PAGE 503
1 18M.6. (MUSC: Diabetes Center of Excellence) Of the funds appropriated to the Medical University of South Carolina,
2 $159,000 $232,000 shall be used for a Diabetes Center of Excellence.
3 18M.7. (MUSC: Medical School Graduates Statistics) From the funds appropriated in Part IA, Section 18MC, Program
4 II. Family Practice for classified positions and other operating expenses, the State Office of Rural Health shall compile the
5 statistics on the number of graduates of USC School of Medicine and Medical University of South Carolina who are actually
6 practicing medicine as primary care physicians in South Carolina, with said statistics to include specific data as to the type
7 of specialization of any internists and to include the number of graduates who are practicing in rural or underserved areas
8 of this state; and such data shall be reported to the General Assembly by January 1, 1996.
9 18M.8. (MUSC: Sale or Lease of MUSC Facilities) DELETED
10
11
12 H59 - SECTION 18N - TECHNICAL & COMPREHENSIVE EDUCATION
13
14 18N.1. (TEC: Real Property Acquisition) Before any local technical education area commission may acquire any real
15 property, the approval of the State Board for Technical and Comprehensive Education and the State Budget and Control
16 Board and the Joint Bond Review Committee shall be obtained.
17 18N.2. (TEC: Training of New & Expanding Industry) Notwithstanding the amounts appropriated in this section for
18 "Special Schools", it is the intent of the General Assembly that the State Board for Technical and Comprehensive Education
19 expend whatever available funds as are necessary to provide direct training for new and expanding business or industry.
20 In the event expenditures are above the appropriation, the appropriation in this section for "Special Schools" shall be
21 appropriately adjusted, if and only if, revenues exceed projections and the Budget and Control Board and the Joint
22 Appropriations Review Committee approve the adjustment.
23 18N.3. (TEC: Training of New & Expanded Industry Carry Forward) In addition to the funds appropriated in this
24 section, any of the funds appropriated under this section for the prior fiscal year which are not expended during that fiscal
25 year may be carried forward and expended for direct training of new and expanding industry in the current fiscal year.
26 18N.4. (TEC: Training for New and Expanded Industry - Payments of Prior Year Expenditures) The State Board for
27 Technical and Comprehensive Education may reimburse business and industry for prior year training costs billed to the
28 agency after fiscal year closing with the concurrence of the Comptroller General.
29 18N.5. (TEC: Special Events Entity) That upon establishment of a new non-profit corporation that formerly functioned
30 as a program component of the State Board for Technical and Comprehensive Education, the accumulated balance of Other
31 Funds revenues net of all liabilities of that component's operations be transferred as appropriate to the new corporation
32 during Fiscal Year 1996-97. Also, ownership of the equipment purchased from the Other Funds revenues will be transferred
33 to the new entity.
34
35
36 H63 - SECTION 19 - DEPARTMENT OF EDUCATION
37
38 19.1. (SDE: Agriculture Teachers) The funds appropriated for "Aid to School Districts - 12 Months Agriculture
39 Teachers" in Section XIII, shall be used to cover the additional cost to school districts of placing all vocational agriculture
40 teachers on twelve-month contracts.
41 19.2. (SDE: Appropriation Transfer Prohibition) The amounts appropriated herein for aid to subdivisions, allocations
42 to school districts, or special line items shall not be transferred and must be expended in accordance with the intent of the
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 504
1 appropriation.
2 19.3. (Attendance/Lunch Supervisors) The amounts appropriated in this section for Attendance Supervisors and for
3 County School Lunch Supervisors shall be used for the payment of salaries of one attendance supervisor and one lunch
4 supervisor for each county. In the absence of a County Board of Education or with the approval of the County Board of
5 Education in multi-district counties, the salary will be proportionately distributed among the districts of the county on the
6 basis of the 135 average daily membership of the prior year, provided that such funds must be used for the supervision of
7 the Attendance Program and the supervision of the School Food Service Program respectively. For the current fiscal year
8 the local supplement to salaries of county School Lunch Supervisors and School Attendance Supervisors shall not be reduced
9 below the supplements paid in the prior fiscal year.
10 19.4. (SDE: Child Development Centers) School districts which operate Social Services Block Grant Child
11 Development Centers shall be exempt from Department of Education rules and regulations concerning Child Development
12 Centers during the current fiscal year.
13 19.5. (SDE: County Boards of Educations) In any county with a total population of 225,000 or more made up of more
14 than one school district where the funding for the county board of education is provided through a "minimum foundation
15 fund" which consists of monies remaining after allocations of ad valorem school taxes to each school district, no such funding
16 for the current year may go to the county board of education and instead shall be allocated to the school districts of the
17 county on the prevailing funding formula utilized during the 1993-94 school year for the distribution of minimum foundation
18 funds.
19 19.6. (SDE: Darlington Desegregation Lawsuit) Funds appropriated, pursuant to this act or any other act, to the
20 Department of Education for the purpose of effectuating a settlement of the Darlington Desegregation lawsuit brought against
21 the State of South Carolina or any of its political subdivisions may not be transferred or expended for any purpose other than
22 the lawsuit for which the funds were appropriated. Unexpended funds may be carried forward from the prior fiscal year to
23 be expended for the same purposes in the current fiscal year.
24 19.7. (SDE: Day Care Centers) The State Department of Education shall promulgate regulations and competitive
25 guidelines to enable any school district in the State to compete for funds to establish day care centers and receive funds from
26 appropriations to day care centers if the district's day care program is approved by the department. The school districts
27 added to the day care center program may initiate their programs beginning with the current school year.
28 Funding, not to exceed those appropriated as Direct Aid to School Districts for Day Care Centers, shall be distributed
29 to those Day Care Programs that have met the Standards as set by the Department of Education in 1983-84. These funds
30 shall be distributed proportionate to the funds received in the prior fiscal year.
31 19.8. (SDE: DHEC - Comprehensive Health Assessment) Of the funds appropriated to the Department of Education-
32 Administration, $94,658 must be transferred to DHEC to provide comprehensive health assessments for children entering
33 first grade in school districts having more than fifty percent of the students qualifying for free and reduced price lunches.
34 All school districts shall participate, to the fullest extent possible, in the Medicaid program by seeking appropriate
35 reimbursement for services and administration of health and social services. Reimbursements to the school districts shall
36 not be used to supplant funds currently being spent on health and social services. DHEC shall coordinate with the State
37 Department of Education and the Department of Health and Human Services in submission of a report to the Senate
38 Education Committee and House Education and Public Works Committee on the effectiveness of health and social programs
39 in identifying and improving children's health status and the need for follow-up and/or additional services.
40 19.9. (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the
41 intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include
42 an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 505
1 in the Southeast. The base student cost for FY 1995-96 1996-97 has been determined to be $1,684, $1,760 which includes
2 a 4.0% 4.5% inflation factor.
3 Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts
4 for school building aid on a non-matching basis on the same basis that districts receive Education Finance Act allocations.
5 19.10. (SDE: EFA - Formula) The amount appropriated in Part IA, Section 19 for "Education Finance Act" shall be
6 the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the
7 aggregate of all recipients. The South Carolina Education Department shall develop formulas to determine the State and
8 required local funding as stipulated in the South Carolina Education Finance Act of 1977. Such formulas shall require the
9 approval of the State Board of Education and the Budget and Control Board. After computing the EFA allocations for all
10 districts, the Department shall determine whether any districts' minimum required local revenue exceeds the districts' total
11 EFA Foundation Program. When such instance is found, the Department shall adjust the index of taxpaying ability to reflect
12 a local effort equal to the cost of the districts' EFA Foundation Program. The districts' weighted pupil units are to be
13 included in determination of the funds needed for implementation of the Education Finance Act statewide.
14 In the event that the formulas as devised by the Department of Education and approved by the State Board of Education
15 and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount
16 appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each
17 school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with
18 the total funds appropriated for this purpose. If a reduction is required in the State's contribution, the required local funding
19 shall be reduced by the proportionate share of local funds per weighted pupil unit. The Department of Education shall
20 continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic
21 adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds.
22 Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number
23 in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student
24 cost exceeds the appropriated base student cost of the prior fiscal year.
25 19.11. (SDE: Employer Contributions/Allocations) It is the intent of the General Assembly that the appropriation
26 contained herein for "Public School Employee Benefits" shall not be utilized to provide employer contributions for any
27 portion of a school district employee's salary which is federally funded.
28 State funds allocated for school district employer contributions must be allocated by the formula and must be used first
29 by each district to cover the cost of fringe benefits for personnel required by the Defined Minimum Program, food service
30 personnel and other personnel required by law. Once a district has expended all state allocated funds for fringe benefits,
31 the district may utilize food service revenues to fund a proportionate share of fringe benefits costs for food service personnel.
32 The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under the
33 fringe benefits program in accordance with criteria established for all school districts.
34 19.12. (SDE: Employer Contributions/Obligations) In order to finalize each school district's allocations of Employer
35 Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a
36 school district's allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement
37 System from the prior fiscal year. In the event the Department of Education is notified that an Educational Subdivision has
38 failed to remit proper payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to
39 withhold the Educational Subdivision's state funds until such obligations are met.
40 19.13. (SDE: Fees - Incidental & Matriculation) Notwithstanding any other provision of law, the board of trustees of
41 any school district which does not have the authority by any special act of the General Assembly to charge the cost of
42 educational materials and supplies is authorized to charge a fee to offset the cost of education materials and supplies. The
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 506
1 board of trustees of each school district which charges such fees is directed to develop rules and regulations for such fees
2 which take into account the students' ability to pay and to hold the fee to a minimum reasonable amount. Fees may not be
3 charged to students eligible for free lunch and must be pro rata for students eligible for reduced price lunches, if the parents
4 or guardians of these students so request.
5 19.14. (SDE: Governor's School for Science & Math) Any unexpended balance on June 30, of the prior fiscal year of
6 funds appropriated to or generated by the Governor's School for Science and Mathematics may be carried forward and
7 expended in the current fiscal year pursuant to the direction of the Board of Trustees of the School. Of the general fund
8 appropriation to the Governor's School for Science and Mathematics, $30,000 must be used to provide for library and
9 facilities improvements at Coker College that will be of benefit both to the College and the School.
10 19.15. (SDE: Handicapped/Educational Responsibility) Notwithstanding any other provision of law, the responsibility
11 for providing a free and appropriate public education program for all children including handicapped students is vested in
12 the public school district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state
13 operated health care facility including a facility for treatment of mental illness or chemical dependence located within the
14 jurisdiction of the school district. The districts concerned may agree upon acceptable local cost reimbursement. If no
15 agreement is reached, districts providing education shall receive from the district where the child last resided before
16 placement in a facility an additional amount equivalent to the statewide average of the local base student cost multiplied by
17 the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. If a child from out-of-state
18 is being resided in a facility owned and/or operated by a for profit entity, the district providing educational services shall
19 be reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base
20 student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.
21 School districts providing the education shall notify the non-resident district in writing within 45 calendar days that a student
22 from the non-resident district is receiving education services pursuant to the provisions of the proviso. The notice shall also
23 contain the student's name, date of birth, and handicapping condition if available. If appropriate financial arrangements
24 cannot be effected between institutions of the state and school districts, institutions receiving educational appropriations shall
25 pay the local base student cost multiplied by the appropriate pupil weighting. Children residing in institutions of state
26 agencies shall be educated with non-disabled children in the public school districts if appropriate to their educational needs.
27 Such institutions shall determine, on an individual basis, which children residing in the institution might be eligible to receive
28 appropriate educational services in a public school setting. Once these children are identified, the institution shall convene
29 an IEP meeting with officials of the public school district in which the institution is located. If it is determined by the
30 committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the
31 school district in which the institution is located must provide the educational services. However, that school district may
32 enter into contractual agreements with any other school district having schools located within a 45 mile radius of the
33 institution. The cost for educating such children shall be allocated in the following manner: the school district where the
34 child last resided before being placed in an institution shall pay to the school district providing the educational services an
35 amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as
36 set forth in Section 59-20-40 of the Education Finance Act; the school district providing the educational services shall be
37 able to count the child for all funding sources, both state and federal. The institution and school district, through contractual
38 agreements, will address the special education and related services to be provided to students. Should the school district
39 wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the
40 institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities
41 Education Act.
42 19.16. (SDE: Handicapped/Preschool Children) The State funding for free appropriate public education provided for
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 507
1 the three and four year old disabled children served under Act 86 of 1993 shall be distributed based on the district's index
2 of taxpaying ability as defined in Section 59-20-20(3). Five-year-old disabled children shall continue to be funded under the
3 Education Finance Act of 1977.
4 19.17. (SDE: Health Education) Funds previously appropriated to the Department of Education ($100,000) for a mobile
5 health van shall be redirected to the school building fund.
6 19.18. (SDE: Instruction in Juvenile Detention Centers) It shall be the responsibility of the School District where a local
7 Juvenile Detention Center is located to provide adequate teaching staff and to ensure compliance with the educational
8 requirements of this state. Students housed in local detention centers are to be included in the average daily membership
9 count of students for that district and reimbursement by the Department of Education made accordingly.
10 19.19. (SDE: Mandatory Minute of Silence) All schools shall provide for a minute of mandatory silence at the beginning
11 of each school day.
12 19.20. (SDE: Non-Recurring: School-Library Resource Materials) Of the funds appropriated for school library resource
13 materials, $1,000 shall be distributed to each school district with remaining funds distributed on a per pupil basis.
14 19.21. (SDE: Public School Employee Cost Savings Program) The State Department of Education, with resources
15 appropriated in Section 19, shall implement the Public School Employee Cost Savings Program as authorized in Section 59-1-
16 452 for the purpose of making cash awards to individual school district employees for cost savings ideas which are proven
17 to be workable.
18 19.22. (SDE: Revenue Authorization) The State Department of Education is hereby authorized to collect, expend, and
19 carry forward revenues in the following areas to offset the cost of providing such services: the sale of publications,
20 brochures, photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to be
21 recycled, and high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration
22 fees for non-SDE employees, recurring facility inspection fees, teacher certification fees; the handling of audio-visual film;
23 the provision of contract computer services to school districts and other state agencies, joint broadcast service to school
24 districts, and education-related statistics through agreement with the National Center for Education Statistics; the lease or
25 sale of programs of television, audio or microcomputer software; the collection of damage fees for instructional materials
26 and the sale of unusable instructional materials; the use of transportation equipment and the sale of used school buses and
27 support equipment. The Department of Education is authorized to collect revenue for deposit into the State General Fund
28 for testing material purchases and test rescoring fees.
29 19.23. (SDE: School District Bank Accounts) Notwithstanding any other provisions of law, each school district in this
30 State, upon the approval of the district's governing body, may maintain its own bank account for the purpose of making
31 disbursement of school district funds as necessary to conduct school district business and each county treasurer is hereby
32 authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing body or their
33 designee. Such order shall contain a statement that such amount is for immediate disbursement for the payment of correct
34 and legal obligation of the school district.
35 19.24. (SDE: School Lunch Program Aid) The amount appropriated herein for School Lunch Program Aid shall be
36 divided among the County Boards of Education of the State upon the basis of the number of schools participating in the
37 School Lunch Program in each county during the prior school year. The travel expenses of the County School Lunch
38 Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State. These funds may be
39 used as an aid in improving the School Lunch Program. These funds may not be used to supplement the salaries of school
40 lunch supervisors. In the absence of a County Board of Education in multi-district counties, the funds will be divided among
41 the school districts of the county on the basis of the number of schools participating in the School Lunch Program in each
42 district during the prior school year.
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 508
1 19.25. (SDE: Teacher Classification/Other Agencies) Employees in teaching positions in schools operated by the
2 Department of Juvenile Justice, the S. C. Department of Corrections and the South Carolina School for the Deaf and the
3 Blind shall be exempt from classification by the Division of Budget and Analyses during the current fiscal year. Employees
4 in teaching positions in schools operated by John De La Howe and Wil Lou Gray Opportunity School, at the discretion of
5 the agency, are exempt from classification by the Office of Human Resources.
6 19.26. (SDE: Teacher of the Year) Any balance on June 30 of the prior fiscal year for the Teacher of the Year Program
7 may be carried forward and expended for the same purpose during the current fiscal year.
8 19.27. (SDE: Teachers/Temporary & Emergency Certificates) Of the funds provided for teacher salaries funds may be
9 used to pay salaries for those teachers holding temporary or emergency certificates which shall remain valid for the current
10 school year if the local board of education so requests. The State Department of Education shall submit to the General
11 Assembly by March 1, of the current fiscal year, a report showing by district the number of emergency certificates by
12 category; including an enumeration of the certificates carried forward from the previous year. No temporary or emergency
13 certificate shall be continued more than twice.
14 19.28. (SDE: Testing/Continuous Assessment) Of the funds appropriated under Section III, Division of Policy, the
15 Department of Education is authorized to use funds currently allocated for testing in grades 1, 2 and 6, for a final year, to
16 pilot-test and field-test a continuous assessment system for Kindergarten through grade 3 and for piloting new items for the
17 state assessment system. The progress in the piloting and field-testing in selected schools or districts of the continuous
18 assessment system Plans for the statewide implementation of a continuous assessment system in Kindergarten through grade
19 three and for the new items for the assessment system must be reported to the Senate Education and House Education
20 Committees no later than March December 1, 1996.
21 Notwithstanding any other provision of law, for the 1995-96 1996-97 school year the basic skills assessment tests will
22 not may be administered in grades 1 and 2; and only the Basic Skills science and writing tests will be administered in grade
23 6; all other Basic Skills tests will continue to be administered in the established grades.
24 19.29. (SDE: Student Performance System) Of the funds appropriated for the Basic Skills Assessment Program, not more
25 than $250,000 may be used to expand the Twelve Schools Project to include a total of 36 sites and for regional professional
26 development training for other schools based on the Twelve Schools Project. The 36 sites will work with the State
27 Department of Education and the SC Curriculum Congress to develop multi-tiered assessments to be aligned with curriculum
28 frameworks as a basis for a revised student performance system. As part of the revised student performance system, alternate
29 criteria for determining the placement and promotion of students shall be developed and implemented. Schools participating
30 in this project shall be excused from participation in the state mandated testing programs, except for the exit exam, and shall
31 be considered in compliance with the programs provided for in SC Code Sections 59-5-65, 59-18-10, 59-18-11, 59-18-15,
32 59-18-30, and 59-21-800 with no effect on deregulation status.
33 19.30. (SDE: Transportation/Demonstration Sites) The Department of Education may designate the Charleston, Beaufort
34 and/or Jasper County School Districts as demonstration sites for privatization of student transportation services and for the
35 coordination of community based public transportation services. Funding for these pilot sites shall not exceed that presently
36 utilized to support school transportation in the site(s). Appropriated funds for school bus maintenance, gas, drivers and
37 fringe benefits are to be used for this project.
38 19.31. (SDE: Travel/Outside of Continental U.S.) School District allocations from General Funds and EIA funds shall
39 not be used for travel outside of the continental United States.
40 19.32. (SDE: Year End Closeout) The State Department of Education is authorized to expend Federal and Earmarked
41 Funds (not including State or EIA Funds) in the current fiscal year for expenditures incurred in the prior year. The
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 509
1 Department is also authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal
2 year.
3 19.33. (SDE: Technology Initiative) DELETED
4 19.34. (SDE: Transportation Collaboration) The Department of Education School Bus Maintenance Shops shall be
5 permitted, on a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or
6 operated by public agencies in South Carolina.
7 School Buses operated by school districts or head start agencies for the purpose of transporting students for school or
8 school related activities shall not be subject to State Motor Fuel taxes. Further, that school districts or head start agencies
9 may purchase this fuel, on a cost reimbursable-plus basis, from the Department of Education School Bus Maintenance Shops.
10 19.35. (SDE: Greenville Joint Use Transportation Facility Study) The Department of Education, in consultation with the
11 Budget and Control Board and the Department of Transportation is directed to proceed with a study to determine the
12 feasibility of operating a joint-use maintenance and operations facility in Greenville County. The study should address, but
13 not be limited to, the market value of the property known as the Greenville School Bus Maintenance Shop, the cost of the
14 new facility, the cost of preparing the old facility for disposal and all other associated relocation expenses. Service needs
15 of the Greenville School District Bus Operations, SDE School Bus Maintenance, the Division of General Service/Motor
16 Vehicle Management Office, and the Department of Transportation should also be addressed. The findings of the study shall
17 be provided to the Budget and Control Board - Division of Operations for review and inclusion in their study of the most
18 efficient means of providing school transportation services.
19 19.36. (SDE: School District Private Contracting Solicitation) DELETED
20 19.37. (SDE: Study on Benefits of 5 Year Old Kindergarten) DELETED
21 19.38. (SDE: Kindergarten - Extended Day) Funds appropriated for the extended day portion of the five-year-old
22 kindergarten program shall be allocated at the EFA weight for half-day kindergarten students. Funding to local districts for
23 the extended-day portion of the kindergarten program shall be the number of students eligible for the federal free and reduced
24 lunch program. Local match is required for the extended-day portion of the funding. Local board of trustees shall establish
25 policies regarding priority of service in the extended-day program. However, unobligated funds which become available
26 during the fiscal year will be redistributed to fund additional eligible children served in the program on a prorated basis.
27 19.39. (SDE: Bus Driver's Salaries) DELETED
28
29
30 H63 - SECTION 19A - DEPARTMENT OF EDUCATION - EIA
31
32 19A.1. (SDE-EIA: X-Dyscalculia Guidelines) The State Department of Education is directed to develop guidelines for
33 allowing students with dyscalculia and other learning disabilities in mathematics to use calculators in the math portion of the
34 exit examination to be in effect in time for the Summer 1995 administration of the exam. Of the funds appropriated under
35 III. Division of Policy, Other Operating Expenses, no more than $1,000 may be used for this purpose.
36 19A.2. (SDE-EIA: Local Financial Support) There shall be no required local match for Education Improvement Act funds
37 appropriated in Part IA, Section 19X. This shall not impact or alter the requirements of 59-21-1030, level of financial effort
38 per pupil required of each school district; application for waiver. The inflationary increase required for local financial effort
39 as defined in Section 59-21-1030 for FY 1996-97 is 3.5%.
40 19A.3. (SDE-EIA: Prohibition on Appropriation Transfers) The amounts appropriated herein for aid to subdivisions or
41 allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the
42 appropriation.
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 510
1 19A.4. (SDE-EIA: Revenue Shortfall) A minimum of one-half of one percent of the total estimated EIA revenue must
2 be appropriated for School Building Aid. In the event that an official EIA revenue shortfall is declared, the appropriation
3 for EIA School Building Aid shall be reduced by the amount necessary to offset the shortfall. Should EIA School Building
4 Aid not be sufficient, each remaining EIA program shall be reduced on a pro rata basis as necessary to compensate for the
5 total revenue shortfall. Funds appropriated for EIA teacher salaries and related fringe benefits in Part IA, Section 19X.C.1.
6 are exempt from such reduction.
7 19A.5. (SDE-EIA: X-School Building Aid) All funds appropriated to the Department of Education for the support and/or
8 administration of an EIA program, initiative, or project eliminated or no longer active shall be transferred to the school
9 building fund for allocation to the local school districts.
10 19A.6. (SDE-EIA: XA-Adult Education/Literacy) From the EIA funds provided in Part IA, Section 19X.A. for adult
11 education, $150,000 must be used to provide for ten pilot projects for rural literacy development. In addition, each county
12 shall receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and those
13 reading at or below the eighth grade level. The school districts may provide this service or may contract to have this service
14 provided. In multi-district counties, the districts must agree on the method of service delivery for the entire county and select
15 one district to serve as the fiscal agent.
16 19A.7. (SDE-EIA: XA-Advanced Placement) Of the funds appropriated in Part IA, Section 19X.A. for Advanced
17 Placement, no more than $500,000 must be made available on a flat rate per class basis to schools offering "singleton"
18 Advanced Placement classes with a student/teacher ratio equal to or less than ten to one. The State Board of Education shall
19 develop guidelines for the distribution of these "singleton" funds. The remaining AP funds must be distributed to the school
20 districts of the state based upon the 135 day count of AP students served. AP funds may be used to defray the testing costs
21 of the International Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate
22 provided for Advanced Placement examinations.
23 19A.8. (SDE-EIA: XA-Distribution) The money appropriated in Part IA, Section 19X. Education Improvement Program,
24 A. Raise Academic Standards-Credits HS Diploma shall be distributed to the school districts of the state based upon the 135
25 day count of Average Daily Membership.
26 19A.9. (SDE-EIA: XA-Gifted & Talented) Notwithstanding the provisions for Section 59-29-170, ten percent (10%) of
27 the total state dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically gifted
28 and talented students in grades 3-12. The State Department of Education shall allocate to districts a proportionate share of
29 the ten percent (10%) based on the preceding year's total average daily membership in grades 3-12. School districts shall
30 service students identified as artistically gifted and talented in one or more of the following visual and performing arts areas:
31 dance, drama, music and visual arts areas. Districts may utilize their proportionate share of the ten percent (10%) for the
32 purpose of contracting with other entities to provide services to students identified as artistically gifted and talented if
33 personnel or facilities are not available in the school district for that service. The remaining ninety percent (90%) of the
34 state dollars appropriated for gifted and talented programs shall be expended in accordance with Section 59-29-170. Each
35 district receiving funds for the gifted and talented program shall include an accelerated component as a part of its
36 academically gifted and talented program. EIA-Gifted and Talented funds may be carried forward and expended for the same
37 purpose in summer programs the current fiscal year.
38 19A.10. (SDE-EIA: XA-Gifted & Talented/CHE 8th Grade Advisement) Of the funds appropriated in Part IA, Section
39 19.X.A. Gifted and Talented, $402,250 shall be used by the Commission on Higher Education to be expended on the eighth
40 grade advisement program. The Commission on Higher Education must provide a report on the effectiveness of the
41 advisement program to the Select Committee by October 1.
42 19A.11. (SDE-EIA: XA-Gifted & Talented/Governor's School for Arts) Of the funds appropriated in Part IA, Section
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 511
1 19X.A. for Gifted and Talented Program, $135,000 must be provided to the Governor's School for the Arts for training
2 teachers, administrators and supervisory personnel to work effectively in the identification, program development and
3 evaluation of artistically talented students and for the Outreach Program. The Governor's School for the Arts shall report
4 to the Select Committee on the effectiveness of the training and Outreach programs annually by October 1.
5 19A.12. (SDE-EIA: XA-Gifted & Talented/Jr. Academy of Science) Of the funds appropriated in Part IA, Section
6 19X.A. Gifted & Talented, $5,000 must be provided to the Junior Academy of Science. The Department of Education must
7 provide a report on the effectiveness of the Academy to the EIA Select Committee by October 1.
8 19A.13. (SDE-EIA: XA-Handicapped Student Services) The money appropriated in Part IA, Section 19X.A. for
9 Handicapped Student Services shall be used only for educational services for trainable mentally handicapped pupils and
10 profoundly mentally handicapped pupils.
11 19A.14. (SDE-EIA: XA-Junior Scholars) The State Board of Education, through the Department of Education, must
12 provide a report on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 19X.A. to the EIA
13 Select Committee by October 1.
14 19A.15. (SDE-EIA: XA-Vocational Equipment/Wil Lou Gray) Of the funds appropriated in Part IA, Section 19X.A.
15 Modernize Vocational Equipment, $60,000 shall be transferred to the Wil Lou Gray Opportunity School to support its
16 vocational education component.
17 19A.16. (SDE-EIA: XB-Academic Assistance/Carry Forward) Any unexpended balance from the prior fiscal year in
18 the EIA appropriations in Part IA, Section 19X.B. for Academic Assistance may be carried forward to the current fiscal year
19 by school districts to be expended to operate summer programs in accordance with their Academic Assistance long range
20 plans.
21 19A.17. (SDE-EIA: XB-Academic Assistance/Curriculum Development) Funds appropriated in Part IA, Section 19X.B.
22 for Basic Skills Act 135 of 1993 Other Operating must be used by the Department of Education to provide schools and school
23 districts with technical assistance on curriculum development, including implementing the Curriculum Frameworks, and
24 instructional improvement in keeping with the intent of Act 135 of 1993 (59-139-05 and 59-139-10 of the SC Code of Laws)
25 as provided in regulations promulgated by the State Board of Education.
26 19A.18. (SDE-EIA: XB-Academic Assistance/Early Child Development) A portion of the funds appropriated in Part
27 IA, Section 19X.B. for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if
28 such change promotes better coordination of state and federal funds provided for programs for these students. Districts
29 requesting this waiver from the State Board of Education must demonstrate how the use of these funds is in keeping with
30 their long range plan and how the needs of the students in grades 4-12 will be met.
31 19A.19. (SDE-EIA: XB-Academic Assistance/Formula Funding & Distribution) Notwithstanding any other provision
32 of law, the total funding in Part IA, Section 19X.B. for the 4-12 Academic Assistance component of Act 135 of 1993 shall
33 be based on a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of
34 K-3 students eligible for free and reduced lunch to the 4-12 average daily membership; and funding for individual districts
35 shall be based on two equally weighted factors; the district's derived lunch percentage for grades 4-12 and its four year
36 average for the number of 4-12 students "not meeting" standard on the state's testing programs for the years 1990-1993.
37 19A.20. (SDE-EIA: XB-Academic Assistance/Reading Recovery) Of the EIA funds appropriated herein for the
38 Academic Assistance Act 135, $600,000 shall be used for the Reading Recovery programs throughout the State. Specific
39 funding of these programs will be phased out by Fiscal Year 1996-97. The State Department of Education shall report to
40 the EIA Select Committee on the allocation and expenditure of these funds by October 1.
41 19A.21. (SDE-EIA: XB-Academic Assistance/Remedial Adult Education) Of funds appropriated in Part IA, Section
42 19X.B. for Academic Assistance an amount not to exceed $1,000,000 must be used for adult education students scoring
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 512
1 below the BSAP standard on any portion of the exit examination at a weight of .114 of the base student cost as defined in
2 the Education Finance Act.
3 19A.22. (SDE-EIA: XB-Academic Assistance/Remedial Writing Teachers) Of funds appropriated for Education
4 Improvement Act Programs, Academic Assistance, $312,000 must be provided to the Writing Improvement Network of the
5 University of South Carolina to support staff development for teachers of remedial writing. The South Carolina Educational
6 Policy Center must report to the EIA Select Committee on the activities and effectiveness of the program no later than April
7 15 of the current fiscal year.
8 19A.23. (SDE-EIA: XB - Half Day Program for Four-Year-Olds) Funds appropriated in Part IA, Section 19X.B. for
9 half-day programs for four-year-olds shall be based on the previous three years' average for students tested as "not ready"
10 on the CSAB, however, no district shall receive less than 75 90 percent of the amount it received in the prior fiscal year.
11 Districts previously funded through General Fund Day Care shall receive funding from Part IA, Section 19X.B. for half-day
12 programs for four-year-olds at no less than 90 percent of the amount received in the prior fiscal year.
13 19A.24. (SDE-EIA: XC-Black History) Funds provided for the development of the Black History curricula may be
14 carried forward into the current fiscal year to be expended for the same purpose.
15 19A.25. (SDE-EIA: XC-Critical Teacher Needs) Funds appropriated for EIA-Critical Teacher needs must be used for
16 courses which support instructional techniques and strategies in keeping with the intent of Act 135 of 1993, the Middle
17 Schools Project, the Preparation for Technologies Program, Curriculum Frameworks, or need established in the school and
18 district long range plans. These funds may be used for courses which support the education of students with disabilities or
19 special needs in the regular classroom. School districts may require and collect a deposit from teachers enrolling in critical
20 teaching needs courses. Upon completion of the course any deposit collected shall be returned to the teacher having made
21 the deposit.
22 19A.26. (SDE-EIA: XC-Critical Teaching Needs/Roper Mountain) Of the funds appropriated in Part IA, Section 19
23 X.C. for Critical Teaching Needs, $200,000 shall be disbursed to the Roper Mountain Science Center for summer workshops
24 for public school science teachers. Funds disbursed to the Roper Mountain Science Center may be carried forward.
25 19A.27. (SDE-EIA: XC-Professional Development/Parenting & Act 135) Funds appropriated in Part IA, Section 19X.C.
26 for Professional Development shall be distributed to the school districts of the state based upon the 135 day count of Average
27 Daily Membership, except that $100,000 must be used for competitive grants to districts for training and technical assistance
28 in implementing parenting/family literacy programs as directed in Act 135 of 1993, (59-1-450 of the SC Code of Laws) with
29 first priority of funding given to those districts implementing the program as outlined in the Parenting/Family Literacy
30 Guidelines. Of the remaining funds appropriated for Professional Development, $500,000 shall be distributed to the districts
31 for planning and training related to implementation of Act 135 of 1993, in accord with criteria developed by the State Board
32 of Education, through the Department of Education in consultation with the EIA Select Committee.
33 19A.28. (SDE-EIA: XC-Salary-Special) Funds appropriated under X.C.1. EIA Salary-Special will be disbursed to school
34 districts utilizing the EFA formula. There shall be no inflationary increase required for local financial effort as defined in
35 Section 59-21-1039 for FY 95-96. These special funds can be accounted for using the same procedure as teacher salary
36 supplement funds.
37 19A.29. (SDE/EIA: XC-School Technology) Funds appropriated in Part IA, Section 19 X.C. for school technology shall
38 be distributed to each school district based on a ratio of district free and reduced lunches for first through third grades to
39 the state total free and reduced lunches for first through third grades.
40 19A.30. (SDE-EIA: XC-Teacher Evaluations, XH-Implementation/EIA Select) The State Department of Education, with
41 the cooperation of the school districts and teacher education institutions, must, subject to the approval of the State Board of
42 Education, revise the system for assisting, developing, and evaluating student provisional, annual and continuing contract
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 513
1 teachers. The Department of Education is authorized to expend funds provided in Part IA, Section 19 X.C. for the Teacher
2 Evaluation System toward the revision of the evaluation system. The Department of Education shall provide a report on its
3 progress in revising the system, to include recommendations to date and a state and local fiscal impact statement, to the EIA
4 Select Committee by September 30 of the current year.
5 19A.31. (SDE-EIA: XC-Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the
6 average of the average teachers salaries of the southeastern states as projected by the Division of Budget and Analyses. For
7 the current school year the projected Southeastern average teacher salary is projected to be $31,749. $32,668. It is the intent
8 of the General Assembly to fully fund the Southeastern average teacher salary as projected.
9 Funds appropriated in Part IA, Section 19X.C. for Teacher Salaries must be used to increase salaries of those teachers
10 eligible pursuant to 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social
11 workers, occupational and physical therapists, school nurses, orientation/mobility instructors and audiologists in the school
12 districts of the state.
13 19A.32. (SDE-EIA: XC-Teacher Salaries/State Agencies) Each state agency which does not contain a school district
14 but has instructional personnel shall receive an allocation from the line item " Alloc. EIA - TEACHER/OTHER PAY" in
15 Part IA, Section 19 X.K. for teachers salaries based on the following formula: Each state agency shall receive such funds
16 as are necessary to adjust the pay of all instructional personnel to the appropriate salary provided by the salary schedules
17 of the school district in which the agency is located. Instructional personnel may include all positions which would be
18 eligible for EIA supplements in a public school district, and may at the discretion of the state agency, be defined to cover
19 curriculum development specialists, educational testing psychologists, psychological and guidance counselors, and principals.
20 The funds appropriated herein in the line item " Alloc.EIA - Teacher/Other Pay" must be distributed to the agencies by
21 the Budget and Control Board.
22 19A.33. (SDE-EIA: XC-Tech Prep) Of the funds appropriated in Part IA, Section 19 X.C. for the Tech Prep Program,
23 $75,000 shall be used by the State Department of Education, through the Tech Prep Consortia, to provide for professional
24 development in applied techniques and integration of curriculum, and professional development in career guidance for
25 teachers and guidance counselors and training mentors. In addition, $500,000 shall be allocated for Career Counseling
26 Specialists in the Tech Prep Consortia. Of the funds appropriated in the prior fiscal year, unexpended funds may be carried
27 forward to the current fiscal year and expended for the same purposes.
28 19A.34. (SDE-EIA: XD-Principal Salary Supplements) Funds appropriated in Part IA, Section 19 X.D. for salary
29 supplements for principals and accompanying employer contributions must be distributed to school districts based on average
30 daily membership (ADM). Each school district shall distribute the funds as salary supplements in addition to existing
31 compensation equally among principals and assistant principals employed by the district.
32 19A.35. (SDE-EIA: XE-School Incentive Grants) Funds appropriated for EIA School Incentive Grants in the previous
33 fiscal year may be carried forward and expended during the current fiscal year by the school districts that earned School
34 Incentive Awards during the prior fiscal year.
35 19A.36. (SDE-EIA: XF-School Building Aid) Funds appropriated in Part IA, Section 19.X.F. School Building Aid shall
36 be transferred to a special trust fund established by the Comptroller General. Funds appropriated shall be distributed to the
37 school districts of the State for use in accordance with Section 59-21-350 of the Code of Laws of 1976.
38 19A.37. (SDE-EIA: XF-School Building Aid Allocation) Funds appropriated in Part IA, Section 19 X.F. for School
39 Building Aid shall be allocated to eligible school districts on a per pupil basis, with the amount allocated per pupil for grades
40 1 through 12 being twice that of the kindergarten per pupil allocation. The allocation must be based on the 135 day count
41 of average daily membership for the second preceding fiscal year.
42 19A.38. (SDE-EIA: XG-Impaired School Districts) Funds appropriated in Part IA, Section 19 X.G. for Impaired School
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 514
1 Districts, shall be used to provide grants to assist school districts in correcting education deficiencies as identified through
2 the application of criteria adopted by the State Board of Education for evaluating the quality of education in school districts.
3 First priority for this funding shall be an allocation of funds to those school districts whose education deficiencies led to the
4 designation of "In Greatest Need of Technical Assistance". Provided that the needs of such designated school districts have
5 been met, any remaining or unallocated current year funds may be used to assist other school districts whose education
6 deficiencies led to the lesser designation of "In Need of Technical Assistance". In all cases, no portion of the allocated funds
7 may be used by the school district for administration purposes. Funds appropriated for Impaired School Districts/In Need
8 of Technical Assistance and allocated to the school districts in the prior fiscal year may be retained and expended by the
9 school districts for the same purpose during the current year.
10 19A.39. (SDE-EIA: XH-Evaluation/EIA Programs) Of the funds appropriated in Part IA, Section 19 X.H. for EIA
11 Implementation, Other Operating Expenses, $349,124 may only be used by the State Department of Education to support
12 its contracted program evaluations and the conduct of the State Board of Education's annual assessment of EIA-funded
13 education reforms and the related report, pursuant to Section 59-6-12. The remaining $250,000 appropriated in Part IA,
14 Section 19X.H. for EIA Implementation, Other Operating Expenses shall be used by the EIA Select Committee to support
15 the continuation of program and policy evaluations and studies and to support the state's participation in the Middle Grades
16 Project, Professional Development Schools for prospective teachers.
17 19A.40. (SDE-EIA: XK-Business Ed Partnership) Funds appropriated in Part IA, Section 19X.K. to the Business-
18 Education Partnership shall only be used for contracting for staff support and other expenses directly related to its operation
19 set forth by the Statute.
20 19A.41. (SDE-EIA: XK-CHE/Teacher Recruitment) Of the funds appropriated in Part IA, Section 19X.K. for the
21 Teacher Recruitment Program, the S. C. Commission on Higher Education shall distribute a total of $917,736 $967,686 to
22 the S.C. Center for Teacher Recruitment for a state teacher recruitment program, of which $200,000 must be used for
23 specific programs to recruit minority teachers, and shall distribute $206,000 to Benedict College and $236,000 to S.C. State
24 University to be used only for the operation of a minority teacher recruitment program and therefore shall not be used for
25 the operation of their established general education programs. The S.C. Commission on Higher Education shall ensure that
26 all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of efforts
27 among the three teacher recruitment projects, shall review the use of funds and shall have prior program and budget
28 approval. Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the teacher recruitment
29 projects and shall report its findings and its program and budget recommendations to the House and Senate Education
30 Committees and the Education Improvement Act Select Committee by December 1.
31 19A.42. (SDE-EIA: XK-DAODAS/DARE) Of the funds appropriated in Part IA, Section 19 X.K. Other State Agencies
32 and Entities for the Department of Alcohol and Other Drug Abuse Services, $150,000 must be transferred to the State Law
33 Enforcement Division for the operation of Drug Abuse Resistance Education (DARE) program and for the training of DARE
34 officers in the fifth grade classes of public schools in the state, and $25,000 shall be used by the Department of Alcohol and
35 Other Drug Abuse Services to provide matching funds for local governments and school districts for the DARE program.
36 A report on the effectiveness of the DARE program must be provided by the Department of Alcohol and Other Drug Abuse
37 Services to the EIA Select Committee by October 1.
38 19A.43. (SDE-EIA: XK-Disbursements/Other Entities) Notwithstanding the provisions of Sections 2-7-66 and 11-3-50,
39 S.C. Code of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 19 X.K. Other State
40 Agencies and Entities shall be disbursed on a quarterly basis by the Department of Revenue and Taxation directly to the state
41 agencies and entities referenced except for the Teacher Loan Program, Centers of Excellence, the EIA Select Committee
42 and the Joint Business-Education Subcommittee, School Technology, which shall receive their full appropriation at the start
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 515
1 of the fiscal year from available revenue. The Comptroller General's Office is authorized to make necessary appropriation
2 reductions in Part IA, Section 19 X.K. to prevent duplicate appropriations. If the Education Improvement Act appropriations
3 in the agency and entity respective sections of the General Appropriations Act at the start of the fiscal year do not agree with
4 the appropriations in Part IA, Section 19 X.K. Other State Agencies and Entities, the "other funds" appropriations in the
5 respective agency and entity sections of the General Appropriations Act will be adjusted by the Comptroller General's Office
6 to conform to the appropriations in Part IA, Section 19 X.K. Other State Agencies and Entities. 19A.44.(SDE-EIA: XK-
7 Status Offenders/John De La Howe) The funds appropriated in Part IA, Section 19 X.K. for the Status Offender Program
8 shall be distributed to John De La Howe School to expand residential programs to include court ordered status offenders.
9 Components of such a program shall include collaboration between the home school district and the residential school and
10 treatment or related services to the families of students in placement.
11 19A.45. (SDE-EIA: XK-Student Loan Pgm/Paul Douglas Scholarship) Of the funds appropriated in Part IA, Section
12 19 X.K. for the Student Loan Program, an amount not to exceed $44,000 shall be authorized to pay administrative costs
13 associated with the Paul Douglas Scholarship Program.
14 19A.46. (SDE-EIA: XK-Student Loan Pgm/Teaching Loans & Governor Scholarships) Of the EIA funds provided in
15 Part IA, Section 19X.K. for the Student Loan Program used to implement sufficient funding shall be made available under
16 the Governor's Teaching Scholarship Program for renewal loans only. Students receiving these scholarships are eligible for
17 the accelerated payback method provided for in Section 59-26-20(k). Any funds in the Governor's Teaching Scholarship
18 program which are not committed as of July 1 of the current fiscal year may be used to fund student loans provided for in
19 Section 59-26-20(k). From these funds, priority shall be given to fund up to $5,000 for qualified minority students from
20 each school district or $5,000 times the number of districts in each consortium of school districts for districts which
21 participate in a consortium.
22 19A.47. (SDE-EIA: XL-Arts in Education) Funds appropriated in Part IA, Section 19X.L. Arts Curricula shall be used
23 to assist districts that have not received funding for arts education during the four year pilot program; to sustain arts
24 education initiatives that began during the final year of the pilot program; and to support arts education curriculum in the
25 visual and performing arts which incorporates strengths from the Arts in Education pilot sites.
26 19A.48. (SDE-EIA: XL-Continuous Improvement/Innovation) Funds appropriated in Part IA, Section 19 X.L. for
27 Continuous Improvement/Innovation and allocated to the school districts for innovative initiatives in the prior fiscal year may
28 be retained and expended by the school districts for the same purpose during the current fiscal year.
29 19A.49. (SDE-EIA: XN-Parent Education) Funds appropriated in Part IA, Section 19X.N. shall be used to fund those
30 sites continuing to operate as Parent Education technical assistance sites in FY 1995-96 1996-97 at a level not less than
31 eighty-five percent of the amount received in the prior year or according to the Parenting/Family Literacy funding allocations
32 as established in Act 135, which ever is greater.
33 19A.50. (SDE-EIA: XN-Parenting/Family Literacy) Funds appropriated in Part IA, Section 19 X.N. for the
34 Parenting/Family Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year may
35 be retained and expended by the school districts for the same purpose during the current fiscal year.
36 19A.51. (SDE-EIA: XN-Parenting/Family Literacy/Child Abuse Awareness & Accelerated Schools) Of the funds
37 appropriated in Part IA, Section 19 X.N. for the Parenting/Family Literacy, $200,000 must be used for the Child Abuse
38 Awareness and Prevention Project at Winthrop University and $125,000 must be used for the Accelerated Schools Project
39 at the College of Charleston.
40 19A.52. (SDE-EIA: XN-Parenting/Family Literacy/Cities-In-Schools) Notwithstanding any other provision of law, the
41 State Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 19X.N.
42 Parenting/Family Literacy to Cities-In-Schools. These funds are to be utilized to provide technical assistance to local
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 516
1 communities in establishing Cities-In-Schools programs statewide. Cities-In-Schools will provide annual reports to the State
2 Department of Education which will include: budget expenditure data, a listing of the communities served and the services
3 provided.
4 19A.53. (SDE-EIA: XO-Problem Solving Skills) It is not the intent of the General Assembly that the instruction in
5 higher order thinking skills promote New Age religion or any other religion, faith, or belief.
6 19A.54. (SDE-EIA: Expelled/Suspended Student Funding) DELETED
7 19A.55. (SDE-EIA: Local School Innovation Fund) The funds provided for the Local School Innovation Fund shall be
8 distributed to the school districts on a fifty percent average daily membership and fifty percent EFA basis and shall be
9 expended by the individual school in accordance with the school's long-range school improvement plan pursuant to Act 135
10 of 1993. Funds shall be accounted for in accordance with the EIA program or strategy.
11 19A.56. (SDE-EIA: XE-School Incentive Grants) DELETED
12 19A.57. (SDE-EIA: Autistic Children Pilot Project) Of the general funds appropriated to the Department of Education,
13 $25,000 shall be provided to the Pickens County School District for a pilot project to teach the Lovaas method to autistic
14 children in the Pickens County School District during the 1996/1997 school year. The purpose of this pilot is to help
15 mainstream these children back into the classroom and to reduce or eliminate future long term care costs. These funds are
16 located in Part IA, Section 19A, Program X.A. Alloc EIA-Hndcap Std Srvc.
17 19A.58. (SDE-EIA: XK-SC Business Education Council) DELETED
18 19A.59. (SDE-EIA: XK-Select Committee) DELETED
19 19A.60. (SDE-EIA: School Building Aid Funds Expenditure) Funds appropriated in Part IA, Section 19.F. of this Act
20 or in a previous Appropriation Act for school building aid may be expended by the school district without application to the
21 State Department of Education or approval from the State Board of Education. The Department of Education shall require
22 that school districts include in their annual audit a verification of compliance with all applicable State laws associated with
23 the use of these funds.
24
25
26 H67 - SECTION 20 - EDUCATIONAL TELEVISION COMMISSION
27
28 20.1. (ETV: Grants/Contributions Carry Forward) The Educational Television Commission shall be permitted to carry
29 forward any funds derived from grant awards or designated contributions and any state funds necessary to match such funds,
30 provided that these funds be expended for the programs which they were originally designated.
31 20.2. (ETV: School Reception Equipment Purchase) Of the funds appropriated to ETV for transmission and reception
32 equipment, $182,933 must be used exclusively to purchase school reception equipment.
33 20.3. (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the
34 Commission, with approval by the Budget and Control Board, is allowed to sell or lease its facilities, equipment, programs,
35 publications, and other program related materials, and funds received therefrom may be used for equipment purchases and
36 renovations of the new facility.
37 20.4. (ETV: Adjacent Property Construction/Renovation) The funds authorized for the Educational Television
38 Commission in sub-subitem (b) of subitem (15), Section 1, of Act 638 of 1988, may also be used for the construction and
39 renovation of properties adjacent to the state owned State-Record property. These funds must not be spent on facilities
40 located on the adjacent properties until they are owned by the Education Television Endowment of South Carolina and until
41 the State has an option to acquire these properties from the Endowment for $1.00.
42 20.5. (ETV: Digital Satellite) The state's digital satellite video transmission system will support public and higher
SECTION 20 - EDUCATIONAL TELEVISION COMMISSION PAGE 517
1 education, enhance the statewide delivery of health care services, improve public service, and assist state agencies with
2 statewide personnel training. To facilitate the achievement of these objectives, there is created a Video Resources Oversight
3 Council composed of representatives of the South Carolina Educational Television Commission, the State Department of
4 Education, the Commission on Higher Education, the Human Services Coordinating Council, and the Budget and Control
5 Board's Division of Budget and Analyses, Office of Information Technology Policy and Management.
6 20.6. (ETV: Funding Shift for Regional TV Stations) DELETED
7
8
9 H71 - SECTION 21 - WIL LOU GRAY OPPORTUNITY SCHOOL
10
11 21.1. (WLG: Truants) The Opportunity School will incorporate into its program services for students, ages 15 and over,
12 who are deemed truant; and will cooperate with the Department of Juvenile Justice, the Family Courts, and School districts
13 to encourage the removal of truant students to the Opportunity School when such students can be served appropriately by
14 the Opportunity School's program.
15 21.2. (WLG: Opportunity School Holiday) The Opportunity School may reschedule holidays observed by other State
16 employees during the academic year and require its employees to take the holiday periods designated in the school calendar.
17 All days taken during these holiday periods not covered by a legal holiday must be charged to leave with or without pay.
18 The use of leave during such holiday periods will not be included in calculation of daily rate compensation.
19 21.3. (WLG: GED Test) Students attending school at the Wil Lou Gray Opportunity School that are 16 years of age
20 and are unable to remain enrolled due to the necessity of immediate employment or enrollment in post secondary education
21 may be eligible to take the General Education Development (GED) Test. Prior to taking the GED the student must be
22 pretested using the official General Education Development Practice Test and score a minimum of 220.
23 21.4. (WLG: Deferred Salaries Carry Forward) Wil Lou Gray is authorized to carry forward into the current fiscal year
24 the amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month
25 employees. These deferred funds are not to be included or part of any other authorized carry forward amount.
26 21.5. (WLG: Improved Forestry Practices) The Trustees of the Wil Lou Gray Opportunity School may carry out
27 improved forestry practices on the timber holdings of the school property and apply the revenues derived from them and any
28 other revenue source on the property for the further improvement and development of the school forest and other school
29 purposes.
30
31
32 H73 - SECTION 22 - VOCATIONAL REHABILITATION
33
34 22.1. (VR: Production Contracts Revenue) All revenues derived from production contracts earned by the handicapped
35 trainees of the Evaluation and Training Facilities (Workshops) may be retained by the State Agency of Vocational
36 Rehabilitation and used in the facilities for Client Wages and any other production costs; and further, any excess funds
37 derived from these production contracts be used for other operating expenses and/or permanent improvements of these
38 facilities.
39 22.2. (VR: Reallotment Funds) To maximize utilization of federal funding and prevent the loss of such funding to other
40 states in the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and other
41 funds received in excess of original projections in following State fiscal years.
42 22.3. (VR: Basic Support Program Reconciliation) The General Assembly hereby directs the Department of Vocational
SECTION 22 - VOCATIONAL REHABILITATION PAGE 518
1 Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the combination of
2 State and Federal funds available following the close of each Federal fiscal year. Such reconciliation shall begin with the
3 Federal fiscal year ending September 30, 1989. Federal funds participation for that period shall be applied at the maximum
4 allowable percentage and the level of those funds on hand which have resulted from the overparticipation of State funds shall
5 be remitted to the General Fund within 120 days following the close of the Federal fiscal year. This reconciliation and
6 subsequent remission to the General Fund shall be reviewed by the State Auditor to ensure that appropriate Federal/State
7 percentages are applied. It is the intent of the General Assembly that Federal/State percentages budgeted and appropriated
8 shall in no way be construed as authorization for the Department to retain the Federal funds involved.
9 22.4. (VR: User/Service Fees) Any revenues generated from user fees or service fees charged to the general public
10 or other parties ineligible for the Department's services may be retained to offset costs associated with the related activities
11 so as to not affect the level of service for regular agency clients.
12 22.5. (VR: Meal Ticket Revenue) All revenues generated from sale of meal tickets may be retained by the agency and
13 expended for supplies to operate the agency's food service programs or cafeteria.
14
15
16 H75 - SECTION 23 - SCHOOL FOR THE DEAF AND THE BLIND
17
18 23.1. (SDB: Physician Services) The School for the Deaf and the Blind is authorized to contract for the services of a
19 physician and to provide office space for the physician to be used to treat both students of the school and private patients;
20 the School shall charge the physician a fair market rental value for the office space.
21 23.2. (SDB: Student Activity Fee) The School for the Deaf and the Blind is authorized to charge to the parents of
22 students at the school a student activity fee, differentiated according to the income of the family. The required student
23 activity fee shall not exceed $40.00. Such revenue may be retained and carried forward into the current fiscal year and
24 expended for the purpose of covering expenses for student activities.
25 23.3. (SDB: Weighted Student Cost) The School for the Deaf and the Blind shall receive through the Education Finance
26 Act the average State share of the required weighted student cost for each student newly admitted into the multi-handicapped
27 school with the recommendation of the local school district. The estimated State share shall come directly from the State
28 Board of Education at the beginning of the fiscal year to be adjusted at the end of the fiscal year. This shall include any
29 students admitted into the Reeducation program for emotionally handicapped students.
30 23.4. (SDB: Admissions) Deaf, blind, multi-handicapped and other handicapped students identified by the Board of
31 Commissioners as target groups for admission to the South Carolina School for the Deaf and the Blind may be admitted by
32 the School either through direct application by parents or on referral from the local school district. The Board of
33 Commissioners shall define the appropriate admissions criteria including mental capacity, degree of disability, functioning
34 level, age, and other factors deemed necessary by the Board. All placement hearings for admission to the South Carolina
35 School for the Deaf and the Blind shall be organized by the School. The South Carolina School for the Deaf and the Blind
36 shall obtain information from the local school district concerning the needs of the student and shall prepare an Individualized
37 Education Plan for each student admitted. All parents applying for admission of their children must sign a statement
38 certifying that they feel the South Carolina School for the Deaf and the Blind is the most appropriate placement which
39 constitutes the least restrictive environment for the individual student, based upon needs identified in the placement meeting
40 and the Individualized Education Plan. The decision concerning placement and least restrictive environment shall be
41 reviewed annually at the IEP Conference.
42 23.5. (SDB: Adult Vocational Program Fees) The School for the Deaf and the Blind is authorized to charge appropriate
SECTION 23 - SCHOOL FOR THE DEAF AND THE BLIND PAGE 519
1 tuition, room and board, and other fees to students accepted into the Adult Vocational Program after July 1, 1986. Such
2 fees will be determined by the School Board of Commissioners, and such revenue shall be retained and carried forward into
3 the current fiscal year and expended by the School for the purpose of covering expenses in the Adult Vocational Program.
4 23.6. (SDB: Mobility Instructor Service Fee) The School for the Deaf and the Blind is authorized to charge a fee for
5 the services of a mobility instructor to provide service on a contractual basis to various school districts in the state, and such
6 revenue shall be retained and carried forward into the current fiscal year and expended by the School for the purpose of
7 covering expenses in the Blind School.
8 23.7. (SDB: Cafeteria Revenues) All revenues generated from cafeteria operations may be retained and expended by
9 the institution for the purpose of covering actual expenses in cafeteria operations.
10 23.8. (SDB: School Buses) The school buses of the South Carolina School for the Deaf and the Blind are authorized
11 to travel at speeds up to 55 miles per hour, not to exceed posted limit. No funds appropriated herein for equipment shall
12 be used for the purchase of governors for school buses of the South Carolina School for the Deaf and the Blind.
13 23.9. (SDB: USDA Federal Grants) All revenues generated from U.S.D.A. federal grants may be retained and
14 expended by the SCSDB in accordance with Federal regulations for the purpose of covering actual expenses in the
15 cafeteria/food service operations of the school.
16 23.10. (SDB: By-Products Revenue Carry Forward) The School for the Deaf and the Blind is authorized to sell goods
17 that are by-products of the school's programs and operations, charge user fees and fees for services to the general public:
18 individuals, organizations, agencies and school districts, and such revenue may be retained and carried forward into the
19 current fiscal year and expended for the purpose of covering expenses of the school's programs and operations.
20 23.11. (SDB: Pee Dee Resource Center for the Deaf and the Blind) From the funds provided herein, the School for the
21 Deaf and the Blind shall provide $100,000 for the establishment of a Pee Dee Resource Center for the Deaf and the Blind
22 in Conway, S.C.
23
24
25 H79 - SECTION 24 - DEPARTMENT OF ARCHIVES & HISTORY
26
27 24.1. (AH: Publication Distribution) The Commission is authorized to supply one free copy of each new publication
28 to the libraries of all institutions of higher learning in the State, and to each member of the Commission and its Directors;
29 to the State Library; to each Public Library which is approved for a cash allotment by the South Carolina State Library.
30 24.2. (AH: Use of Proceeds) The proceeds of training sessions, sales of publications, reproductions of documents,
31 repair of documents, research fees, handling charges, and the proceeds of sales of National Register of Historic Places
32 certificates and plaques by the Archives Department shall be deposited in a special account in the State Treasury, and may
33 be used by this department to cover the cost of additional training sessions, publication, reproduction expenses, repair
34 expenses, and National Register of Historic Places certificates and plaques, and selected Historic Preservation Grants.
35 24.3. (AH: Nat'l. Historic Preservation Program) The funds earned from the United States Department of Interior by
36 the South Carolina Department of Archives and History for administering the National Historic Preservation Program in this
37 State, with the exception of the appropriate amount of indirect cost reimbursement to the General Fund, must be deposited
38 in a special account in the State Treasury, to be used by this department for a Historic Preservation Grants program that will
39 assist historic properties throughout South Carolina. From this fund, the Department may contribute a sum, not to exceed
40 $175,000 annually, to the South Carolina Archives and History Foundation to assist in activities designed to support and
41 enhance capital fund raising efforts. The Foundation will provide accounting for these funds at the end of each fiscal year.
42 Any funds donated to the Department by the Foundation will be deposited in the Historic Preservation Grants Program
SECTION 24 - DEPARTMENT OF ARCHIVES AND HISTORY PAGE 520
1 account for use in funding other state historic preservation projects.
2 24.4. (AH: Disposal of Materials) Upon prior approval of the Commission, the agency may remove certain record and
3 non-record materials from its collections by gift to another public or nonprofit institution or by sale at public auction. This
4 is a supplemental form of disposition beyond that recognized in the Public Records Act for the retention, copying, and
5 destruction of public records; and it pertains only to those accessioned Archives materials having a market value and which
6 duplicate existing archival material, fall outside the scope of the Archives collection policy, or have no further possible
7 research value. All funds realized through sale by public auction shall be placed in a special account to be used for improved
8 access to and preservation of the state archives collections. The Commission shall report annually to the Budget and Control
9 Board regarding such dispositions.
10 24.5. (AH: Technical Assistance and Review Fees) The Department of Archives and History is authorized to charge
11 a fee of $35 for providing technical assistance in repairing and rehabilitating historically significant properties. The agency
12 may also charge fees based on the following fee schedule for investment tax credit reviews for historically significant
13 properties under the Federal Investment Tax Credit Program or other programs requiring review of compliance with federal
14 guidelines.
15 A fee of $250 is authorized for review of proposed or ongoing rehabilitation work for all projects. Fees for review of
16 completed rehabilitation work is based on the dollar amount spent on the rehabilitation as follows:
17
18 FEE SIZE OF REHABILITATION
19
20 $ 500 $ 5,000 to $ 99,999
21 $ 800 $ 100,000 to $499,999
22 $1,500 $ 500,000 to $999,999
23 $2,500 $1,000,000 or more
24
25 If a review of proposed or on-going rehabilitation work has been made prior to submission of the Request for Certification
26 of Completed Work, the Department will deduct the $250 from the total owed for review of completed rehabilitation work.
27 In general, each rehabilitation of a certified historic structure will be considered a separate project when computing the
28 amount of the fee.
29 Revenues from these fees will be retained, carried forward and used by this department for Historic Preservation programs
30 assisting historic properties throughout South Carolina.
31 Revenues received from application fees for reviewing and certifying the rehabilitation work on historic properties under
32 the review compliance program will be retained by the agency.
33 24.6. (AH: Funding to Maintain Archival Materials) Funds remaining from the $300,000 appropriated in FY 1993-94
34 will be deposited in a special account and carried forward to the next fiscal year. These funds will not be considered as part
35 of the 5% 10% carry forward in General Fund appropriations. Funds will be expended for supplies, procedures, and
36 equipment designed to preserve the Archives collection. The Ways and Means and Senate Finance Committees shall be
37 furnished a report annually detailing such expenditures.
38 24.7. (AH: History Center Funding) Funds appropriated for the Department of Archives and History, History Center
39 must be used by the State Budget and Control Board and the South Carolina Department of Archives and History who are
40 directed to proceed expeditiously with the design and construction of a replacement facility for the Department of Archives
41 and History's current facility on Senate Street in Columbia. This shall include, but not be limited to, awarding a contract
42 to begin construction. To finance the project, the department shall immediately begin using the $1.1 million of state capital
SECTION 24 - DEPARTMENT OF ARCHIVES AND HISTORY PAGE 521
1 improvement bond funds reauthorized in subitem (16), item (f), Section 4, Act 531 of 1994 for architectural and engineering
2 related work (A&E) for the proposed project state funding appropriated in this act or any other appropriation act shall be
3 expended in the order authorized funding becomes available for the History Center. Additional funding is to be provided
4 from other sources as may be determined by the General Assembly. If interim financing is necessary, the State Treasurer
5 may provide interim financing. Of the funds appropriated in this act and/or any other funds appropriated in any other
6 appropriation act for construction of the South Carolina History Center, $2,000,000 shall support the National Endowment
7 for the Humanities Challenge Grant (CH-20306), be used to match Endowment funds and be expended for the approved
8 purposes of this grant, specifically construction of the South Carolina History Center.
9 24.8. (AH: Historical Burial Ground) Of the funds appropriated in Part IA, Section 24, $100,000 may be expended
10 in FY 96-97 for historical burial ground preservation.
11
12
13 H83 - SECTION 25 - CONFEDERATE RELIC ROOM & MUSEUM
14
15 25.1. (CRR: Artifacts Disposition) No artifacts in the collection and exhibits of the Confederate Relic Room shall be
16 permanently removed or disposed of except by a Concurrent Resolution of the General Assembly.
17 25.2. (CRR: Confederate Relic Room Location) Notwithstanding Act 313 of 1919 and Section 59-117-60, Code of
18 Laws of 1976, the War Memorial Building erected at the corner of Sumter and Pendleton Streets in the City of Columbia
19 shall continue to be used by the Confederate Relic Room and further utilization of the building shall be arranged between
20 the University of South Carolina and the Director of the Confederate Relic Room.
21 25.3. (CRR: Research/Copy Fee) The Confederate Relic Room is authorized to collect, retain and expend fees from
22 research and photographic processing requests.
23
24
25 H87 - SECTION 26 - STATE LIBRARY
26
27 26.1. (LIB: Aid to Counties Libraries Allotment) The amount appropriated in this section for "Aid to County Libraries"
28 shall be allotted to each county on a per capita basis according to the official United States Census for 1990, as aid to the
29 County Library. No county shall be allocated less than $15,000 under this provision. To receive this aid, local library
30 support shall not be less than the amount actually expended for library operations from local sources in the second preceding
31 year.
32 26.2. (LIB: On-Line Reference Service Fees) The State Library shall charge fees for actual costs of "on-line reference
33 services" and retain the fees to offset the costs of the services. These fees may be waived for county libraries.
34 26.3. (LIB: Exempt Across-the-Board Reduction) In the calculation of any across-the-board cut mandated by the Budget
35 and Control Board or General Assembly, the amount which the State Library pays to South Carolina Heritage Associates
36 for rent in the Mt. Vernon Mill shall be excluded from the State Library's base budget.
37 26.4. (LIB: Information Service Fees) The State Library may charge a fee for costs associated with information delivery
38 and retain such funds to offset the costs of maintaining, promoting and improving information delivery services.
39 26.5. (LIB: Continuing Education Fees) The State Library may charge a fee for costs associated with continuing
40 education and retain such funds to offset the costs of providing continuing education opportunities.
PAGE 522
1 H91 - SECTION 27 - ARTS COMMISSION
2
3 27.1. (ARTS: Professional Artists Contract) Where practicable, all professional artists employed by the Arts
4 Commission in the fields of music, theater, dance, literature, musical arts, craft, media arts and environmental arts shall be
5 hired on a contractual basis as independent contractors. Where such a contractual arrangement is not feasible employees in
6 these fields may be unclassified, however, the approval of their salaries shall be in accord with the provisions of Section
7 72.19 of this Act.
8 27.2. (ARTS: Special Revolving Account) Any income derived from Arts Commission sponsored arts events or by gift,
9 contributions, or bequest now in possession of the Arts Commission including any federal or other funds balance remaining
10 at the end of the prior fiscal year, shall be retained by the Commission and placed in a special revolving account for the
11 Commission to use solely for the purpose of supporting the programs provided herein. Any such funds shall be subject to
12 the review procedures as set forth in Act 651 of 1978.
13 27.3. (ARTS: Grant Funds Equitable Disbursement) The Commission shall make every effort to disburse state and
14 federal grant funds to counties in the most equitable manner possible. Counties that have demonstrated initiative in seeking
15 support and developing arts programs are to be given consideration when funds are disbursed.
16 27.4. (ARTS: Partial Indirect Cost Waiver) The Commission is allowed to apply a 15% indirect cost rate for continuing
17 federal grants for which they must compete. The Commission shall apply the full approved negotiated rate to the Basic State
18 Grant and any new grants received by the Commission.
19
20
21 H95 - SECTION 28 - STATE MUSEUM COMMISSION
22
23 28.1. (MUSM: Duplicate Materials) The Commission may give (away) natural history materials in its possession for
24 educational purposes, such materials being less than museum quality or duplicative of materials owned by the Museum
25 Commission.
26 28.2. (MUSM: Removal From Collections) The Commission may remove objects from its museum collections by gift
27 to another public or nonprofit institution, by trade with another public or nonprofit institution, by public sale, by transfer
28 to the Commission's education, exhibit, or study collections or to its operating property inventory; or as a last resort, by
29 intentional destruction on the condition that the objects so removed meet with one or more of the following criteria: (1) they
30 fall outside the scope of the S. C. Museum Commission's collections as defined in the Collection Policy dated January 20,
31 1993, (2) they are unsuitable for exhibition or research, (3) they are inferior duplicates of other objects in the collection, or
32 (4) they are forgeries or were acquired on the basis of false information; funds from the sale of such objects will be placed
33 in a special revolving account for the Commission to use solely for the purpose of purchasing objects for the collections of
34 the State Museum.
35 28.3. (MUSM: Museum Store) The Museum Commission shall establish and administer a museum store in the State
36 Museum. This store may produce, acquire, and sell merchandise relating to historical, scientific, and cultural sources. All
37 profits received from the sale of such merchandise shall be retained by the Museum Commission in a restricted fund to be
38 carried forward into the following fiscal year. These funds may be used for store operations, publications, acquisitions,
39 educational programs, exhibit production and general operating expenses provided that the expenditures for such expenses
40 are approved by the General Assembly in the annual Appropriation Act.
41 28.4. (MUSM: Traveling Exhibits Fees) The Museum Commission may rent or sell exhibits and exhibit components
42 and the Commission may retain such funds and use them to offset the cost of developing, maintaining, promoting, and
SECTION 28 - STATE MUSEUM COMMISSION PAGE 523
1 improving the changing exhibit program and to support general operations, provided that the expenditures for such expenses
2 are approved by the General Assembly in the annual Appropriation Act. Any unexpended revenue from these sources may
3 be carried forward into the current fiscal year to be expended for the same purposes.
4 28.5. (MUSM: Retention of Revenue) The Museum Commission may retain revenue received from admissions,
5 program fees, facility rentals, professional services, donations and other miscellaneous operating income and may expend
6 such revenue for general operating expenses provided that such expenditures are approved by the General Assembly in the
7 annual appropriations act. Any unexpended revenue from these sources may be carried forward into the current fiscal year
8 to be expended for the same purposes.
9 28.6. (MUSM: Across-the-Board Cut Exemption) In the calculation of any across-the-board cut mandated by the Budget
10 and Control Board or General Assembly, the amount which the Commission pays to the South Carolina Heritage Associates
11 for rent of the Museum's rent shall be excluded from the Museum's base budget.
12 28.7. (MUSM: School Tour Fee Prohibition) The Commission may not charge admission fees to groups of children
13 from South Carolina who have made reservations that are touring the museum as part of a school function.
14
15
16 J02 - SECTION 29 - DEPARTMENT OF HEALTH & HUMAN SERVICES
17
18 29.1. (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all refunds
19 and identified program overpayments and all such overpayments shall be recouped in accordance with established collection
20 policy. Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with
21 the State Treasurer, to be used to pay for Medicaid and Social Services Block Grant Federal liabilities. The restricted fund
22 will derive from prior year program refunds. The restricted fund shall not exceed one-half of one percent of the Medicaid
23 and Social Services Block Grant total appropriation authorization for the current year. Amounts in excess of one-half of one
24 percent will be remitted to the General Fund.
25 29.2. (DHHS: Long Term Care Facility Reimbursement Rate) The Department, in calculating a reimbursement rate
26 for long term care facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and
27 Control Board, Division of Budget and Analyses. Data obtained from Medicaid cost reporting records applicable to long
28 term care providers will be supplied to the Budget and Control Board, Division of Budget and Analyses. A composite index,
29 developed by the Budget and Control Board, Division of Budget and Analyses will be used to reflect the respective costs of
30 the components of the Medicaid program expenditures in computing the maximum inflation factor to be used in long term
31 care contractual arrangements involving reimbursement of providers. The Division of Budget and Analyses of the Budget
32 and Control Board shall update the composite index so as to have the index available for each contract renewal.
33 The Department may apply the inflation factor in calculating the reimbursement rate for the new contract period from
34 zero percent (0%) up to the inflation factor developed by the Division of Budget and Analyses.
35 29.3. (DHHS: Medical Assistance Audit Program Remittance) The Department of Health and Human Services shall
36 remit to the General Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the
37 Medical Assistance Audit Program as established in the State Auditor's Office of the Budget and Control Board Section 17D.
38 Such amount shall also include appropriated salary adjustments and employer contributions allocable to the Medical
39 Assistance Audit Program. Such remittance to the General Fund shall be made monthly and based on invoices as provided
40 by the State Auditor's Office of the Budget and Control Board.
41 29.4. (DHHS: Medicaid Income Limitation) The income limitation for the Medicaid Program shall continue to be three
42 hundred percent of the SSI single payment maximum.
SECTION 29 - DEPARTMENT OF HEALTH AND HUMAN SERVICES PAGE 524
1 29.5. (DHHS: Third Party Liability Collection) The Department of Health and Human Services is allowed to fund the
2 net costs of contracting for any Special Third Party Liability collection efforts from the monies collected in that effort.
3 29.6. (DHHS: Services Integration Efforts) The funds appropriated in II D shall be utilized for services integration
4 efforts.
5 29.7. (DHHS: Medicaid State Plan) Where the Medicaid State Plan is altered to cover services that previously were
6 provided by 100% state funds, the Department can bill other agencies for the state share of services provided through
7 Medicaid. The Department will keep a record of all services affected and submit periodic reports to the House Ways and
8 Means and Senate Finance Committees.
9 29.8. (DHHS: Medically Indigent Assistance Fund) The Department is authorized to expend disproportionate share
10 funds to all eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds
11 are the liability of the hospital receiving the funds. To the extent that any disproportionate share funds authorized under this
12 section exceed a specific hospital's cost, such funds must be spent on health care services by a governmental entity. These
13 funds must be used to reimburse the hospital for expenses in providing uncompensated indigent care.
14 29.9. (DHHS: Admin. Days/Swing Beds Reduction Prohibition) Funds appropriated herein for hospital administrative
15 days and swing beds shall not be reduced in the event the agency cuts programs and the services they provide.
16 29.10. (DHHS: Nursing Home Sanctions) The Department of Health and Human Services is authorized to establish an
17 interest bearing Restricted Fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions.
18 The Department may use these funds to protect the life, health, and property of patients in nursing homes, including payment
19 for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of
20 deficiencies or closure.
21 29.11. (DHHS: Reimbursement Formula Changes) To the extent the Department can increase Medicaid federal matching
22 funds through changes in reimbursement formulas for other state providers, the Department, with the permission of the state
23 providers, is authorized to retain these funds in an earmarked account on deposit with the State Treasurer and use these funds
24 to cover unanticipated increases in Medicaid expenditures. The Department should not hold any other state provider liable
25 for disallowances resulting from these changes. Any funds realized as a result of this proviso shall be reported as part of
26 the following year budget process.
27 29.12. (DHHS: Primary Prevention Strategy) Funds appropriated in the prior year's Appropriation Act for the Statewide
28 Primary Prevention Strategy may be carried forward and spent in the current fiscal year.
29 29.13. (DHHS: Substitute Home Program) It is the intent of the General Assembly that $250,000 appropriated herein
30 be used as match to implement a waiver proposal for the development of substitute home programs in South Carolina.
31 Services will be restricted to 300 persons who will be eligible for enhanced residential care facility, assisted living and adult
32 foster care services. Individuals served must meet the nursing home level of care criteria.
33 29.14. (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder shall
34 not apply to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to
35 provide health care services under South Carolina's Medicaid Managed Care Medicaid Waiver Program.
36 29.15. (DHHS: Health Benefit Plan Demonstration Project) The Health Benefit Plan Demonstration Project is exempt
37 from the provisions of Title 38 of the 1976 Code and regulations promulgated by the Chief Insurance Commissioner.
38 29.16. (DHHS: Medicaid Long-Term Care Asset Protection Program) The Department of Health and Human Services
39 and the Department of Insurance shall report to the Ways and Means Committee and Senate Finance by January 15, 1996
40 on the impact of amending the State's Medicaid Plan to provide asset protection for potential medicaid long-term care
41 recipients who purchase approved long-term care insurance policies. This report must identify costs associated with
42 implementing this program as well as the impact on service availability for the current group of long-term care eligibles.
SECTION 29 - DEPARTMENT OF HEALTH AND HUMAN SERVICES PAGE 525
1 29.17. (DHHS: Residential Care Facilities) DELETED
2 29.18. (DHHS: Medicaid Managed Care Task Force) DELETED
3
4
5 J04 - SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL
6
7 30.1. (DHEC: County Health Departments Funding) Out of the appropriation provided in this section for "Public
8 Health Districts", the sum of $25,000 shall be distributed to the county health departments by the Commissioner, with the
9 approval of the Board of Department of Health and Environmental Control, for the following purposes:
10 1. To insure the provision of a reasonably adequate public health program in each county.
11 2. To provide funds to combat special health problems that may exist in certain counties.
12 3. To establish and maintain demonstration projects in improved public health methods in one or more counties in the
13 promotion of better public health service throughout the State.
14 4. To encourage and promote local participation in financial support of the county health departments.
15 5. To meet emergency situations which may arise in local areas.
16 6. To fit funds available to amounts budgeted when small differences occur.
17 The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code.
18 30.2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the County
19 Health Departments. Salaries for county special project employees, including merit increases and fringe benefits, shall be
20 totally funded by the county(s) involved. County special project employees shall not be under the state merit system or state
21 compensation plan and they shall receive their compensation directly from the county(s).
22 30.3. (DHEC: County Health Units) Federal funds made available to the Department of Health and Environmental
23 Control for the allocation to the counties of the State for operation of county health units be allotted on a basis approved by
24 the Board of the Department of Health and Environmental Control and the amount of State funds appropriated herein for
25 "Public Health Districts", except for salary increases, shall be allocated on a basis such that no county budget shall receive
26 less than the amount received in the prior fiscal year.
27 30.4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin shall
28 be deposited in a restricted account and carried forward until sufficient amounts are available for such improvements. Any
29 expenditures from the account must first be approved by the Budget and Control Board and the Joint Bond Review
30 Committee.
31 30.5. (DHEC: Children's Rehabilitative Services) The Children's Rehabilitative Services shall be required to utilize
32 any available financial resources including insurance benefits and/or governmental assistance programs, to which the child
33 may otherwise be entitled in providing and/or arranging for medical care and related services to physically handicapped
34 children eligible for such services, as a prerequisite to the child receiving such services.
35 30.6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein for
36 cancer treatment services $1,223,465 $1,168,409 and the hemophilia assistance program, $66,477 shall not be transferred
37 to other programs within the agency and when instructed by the Budget and Control Board or the General Assembly to
38 reduce funds within the department by a certain percentage, the Department may not act unilaterally to reduce the funds for
39 any cancer treatment program and hemophilia assistance program provided for herein greater than such stipulated percentage.
40 30.7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of the
41 funds appropriated in this section as may be necessary to continue the Speech and Hearing programs.
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 526
1 30.8. (DHEC: Local Health Departments) As of July 1, 1981, the counties of the state will be relieved of contribution
2 requirements for salary, fringe benefits and travel reimbursement to local health departments. The amount of $5,430,697
3 is appropriated for county health department salaries, fringe benefits and travel. These funds and other state funds
4 appropriated for county health units may, based upon need, be utilized in either salary or travel categories. Each county
5 shall provide all other operating expenses of the local health department in an amount at least equal to that appropriated for
6 operations for each county in Fiscal Year 1981. In the event any county makes uniform reductions in appropriations to all
7 agencies or departments for maintenance and operations, exclusive of salaries and fringe benefits, a like reduction shall be
8 made in funds appropriated for the operating expenses of the local health department.
9 30.9. (DHEC: Insurance Refunds) The Department of Health and Environmental Control is authorized to budget and
10 expend monies resulting from insurance refunds for prior year operations for case services in the following programs: Health
11 Promotion, Preventive Health Services, and Maternal and Child Care.
12 30.10. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be
13 allocated to the Counties for the purpose of improving or upgrading the system, and shall be allocated to the EMS-Regional
14 Councils for administration of training programs and technical assistance to the local EMS units and the funds shall be
15 allocated by a ratio of 45 percent to the counties and 55 percent to the EMS Regional Councils. The Department of Health
16 and Environmental Control shall develop guidelines and administer the system to make allocations within each region based
17 on demonstrated need and local match. The $1 million increase provided herein shall not require local match and local match
18 shall not be a factor in determining the allocation. The $1 million increase shall be allocated by a ratio of 81 percent to
19 counties, 12 percent to EMS Regional Councils and 7 percent to the state EMS office. Funds appropriated $1,975,671
20 $1,955,195 to Emergency Medical Services shall not be transferred to other programs within the Department's budget. In
21 addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage,
22 the Department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than such
23 stipulated percentage.
24 30.11. (DHEC: Rape Crisis Centers) Of the amounts appropriated in Primary Care-Case Services, $681,787 $651,107
25 shall be used for rape crisis centers around the state. Distribution of funds shall be based on DHEC Rape Crisis services
26 standards and expenditures monitored by DHEC.
27 30.12. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Maternal and Child Care for the Sickle
28 Cell Program for Blood Sample Analysis and shall be used by the Department to analyze blood samples submitted by the
29 four existing regional programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark Sickle
30 Cell Anemia Foundation in Columbia; Region III, Committee on Better Racial Assurance Hemoglobinopathy Program in
31 Charleston; and the Orangeburg Area Sickle Cell Anemia Foundation.
32 30.13. (DHEC: Sickle Cell Programs) $475,000 is appropriated for Sickle Cell program services, 47% is to be
33 designated for the Community Based and Newborn Screening Programs (Sickle Cell) and shall be apportioned as follows:
34 (1) 48% is to be divided equally between the existing Community Based Sickle Cell Programs located in Spartanburg
35 and Columbia; and
36 (2) 52% is for the Community Based Sickle Cell Program in Charleston.
37 The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn
38 screening. The balance of the total appropriation must be used for Sickle Cell Services operated by Children's Rehabilitative
39 Services of DHEC. The funds appropriated to the community based sickle cell centers shall be reduced to reflect any percent
40 reduction assigned to the Department of Health and Environmental Control by the Budget and Control Board; provided,
41 however, that the Department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such
42 stipulated percentage. The Department shall not be required to undertake any treatment, medical management or health care
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 527
1 follow-up for any person with sickle cell disease identified through any neonatal testing program, beyond the level of services
2 supported by funds now or subsequently appropriated for such services. No funds appropriated for ongoing or newly
3 established sickle cell services may be diverted to other budget categories within the DHEC budget.
4 30.14. (DHEC: Genetic Services) The sum of $232,869 $222,390 appearing under the Maternal and Child Care Section
5 of this Act shall be appropriated to and administered by the Department of Health and Environmental Control for the purpose
6 of providing appropriate genetic services to medically needy and underserved persons. Such funds shall be used by the
7 Department to administer the program and to contract with appropriate providers of genetic services. Such services will
8 include genetic screening, laboratory testing, counseling, and other services as may be deemed beneficial by the Department,
9 and these funds shall be divided equally among the three Regional Genetic Centers of South Carolina, composed of units
10 from the Medical University of South Carolina, the University of South Carolina School of Medicine, and the Greenwood
11 Genetic Center.
12 30.15. (DHEC: Revenue Carry Forward Authorization) The Department of Health & Environmental Control is hereby
13 authorized to collect, expend and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm
14 patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, photo copies and certificate forms, including
15 but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and Supplements,
16 sale of films and slides, sale of maps, sale of items to be recycled, including used motor oil and batteries, etc., and collection
17 of registration fees for non-DHEC employees.
18 30.16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the
19 requirements of Section 40-43-370 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist
20 employed by the Department may supervise no more than two adjacent districts. The Department of Health and
21 Environmental Control shall not be exempt from any other provisions of Section 40-43-370.
22 30.17. (DHEC: Safe Drinking Water Act) In order to comply with the provisions of the federal Safe Drinking Water
23 Act, the Department is authorized to collect a fee from each public water system. The fee must be based upon the number
24 of taps through which the system provides water to its customers The fees collected must be returned to the department for
25 the purposes of implementing the Safe Drinking Water Act Regulatory Program including engineering plan review,
26 compliance inspections, and enforcement; and for providing technical assistance and monitoring and laboratory analytical
27 services for the public water systems of the State. The fee shall be as follows:
28
29 COMMUNITY AND NON-TRANSIENT NON-COMMUNITY WATER SYSTEMS
30
31 Fee = Program Administration Component + Distribution Monitoring Component + Source Monitoring Component
32
33 Fee = $10.80 x (# Taps Up To 10) + $7.20 x (# Taps From 11 To 25) + $5.76 x ( # Taps From 26 To 50) + $4.32 x
34 (# Taps From 51 To 100) + $2.88 x (# Taps From 101 To 500) + $2.16 x (# Taps From 501 To 1,000) + $1.44
35 x (# Taps From 1,001 To 5,000) + $1.08 x (# Taps From 5,001 To 10,000) + $0.68 x (# Taps From 10,001 To
36 15,000) + $0.36 x (# Taps From 15,001 To 25,000) + $0.23 x (# Taps From 25,001 To 50,000) + $0.14 x (#
37 Taps From 50,001 To 100,000) + $0.09 x (# Taps Greater Than 100,000)
38
39 + $158 (Systems Serving Up To 100 Taps); Or, $450 (Systems Serving 101 To 1,000 Taps); Or, $2,250 (Systems
40 Serving 1,001 To 15,000 Taps); Or, $4500 (Systems Serving Greater Than 15,000 Taps)
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 528
1 + [($225 x (#GW Sources)) + ($450 x (#SW Sources))] [Up To 25 Taps]; Or, [($360 x (#GW Sources)) + ($720
2 x (#SW Sources))] [From 26 To 100 Taps]; Or, [($900 x (#GW Sources)) + ($1800 x (#SW Sources))] [Greater
3 Than 100 Taps]; Or, [Maximum $5,000]
4
5 SYSTEM SIZE PROGRAM ADMINISTRATION
6 (NUMBER OF TAPS) (BASE AMOUNT + RATE PER TAP)
7 BASE RATE PER TAP
8
9 1 To 10 $0 $10.80 First 10 Taps
10 11 To 25 $108 $7.20 Taps 11 To 25
11 26 To 50 $216 $5.76 Taps 26 To 50
12 51 To 100 $360 $4.32 Taps 51 To 100
13 101 To 500 $576 $2.88 Taps 101 To 500
14 501 To 1,000 $1,728 $2.16 Taps 501 To 1,000
15 1,001 To 5,000 $2,808 $1.44 Taps 1,001 To 5,000
16 5,001 To 10,000 $8,568 $1.08 Taps 5,001 To 10,000
17 10,001 To 15,000 $13,968 $0.68 Taps 10,001 To 15,000
18 15,001 To 25,000 $17,343 $0.36 Taps 15,001 To 25,000
19 25,001 To 50,000 $20,943 $0.23 Taps 25,001 To 50,000
20 50,001 To 100,000 $26,568 $0.14 Taps 50,001 To 100,000
21 100,000 And Above $33,318 $0.09 Over 100,000
22
23 SYSTEM SIZE DISTRIBUTING SOURCE MONITORING
24 (NUMBER OF TAPS) MONITORING (RATE PER SOURCE)
25 (FIXED RATE) GROUNDWATER SURFACE WATER
26
27 1 To 10 $ 158 $225 $ 450
28 11 To 25 $ 158 $225 $ 450
29 26 To 50 $ 158 $360 $ 720
30 51 To 100 $ 158 $360 $ 720
31 101 To 500 $ 450 $900 $1,800
32 501 To 1,000 $ 450 $900 $1,800
33 1,001 To 5,000 $2,250 $900 $1,800
34 5,001 To 10,000 $2,250 $900 $1,800
35 10,001 To 15,000 $2,250 $900 $1,800
36 15,001 To 25,000 $4,500 $900 $1,800
37 25,001 To 50,000 $4,500 $900 $1,800
38 50,001 To 100,000 $4,500 $900 $1,800
39 100,001 And Above $4,500 $900 $1,800
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 529
1 OTHER PUBLIC WATER SYSTEMS
2
3 Transient Non-Community Systems: Fee = $225
4 Systems Serving More Than 1 Tap But Less
5 Than 15 Taps and Serving Less Than 25 People: Fee = $135
6 Systems Serving 1 Tap and Serving Less Than
7 25 People: Fee = $ 90
8 Vending Machines: Fee = $ 45
9
10 For the purposes of this fee schedule, tap is defined as a service connection, the point at which water is delivered to the
11 consumer (building, dwelling, commercial establishment, camping space, industry, etc.) from a distribution system, whether
12 metered or not and regardless of whether there is a user charge for consumption of the water.
13 The Department shall submit an annual report to the Senate Finance Committee, House Ways & Means Committee, South
14 Carolina Section American Water Works Association and the Municipal Association detailing activities funded from safe
15 drinking water fees. The report shall include the amount of fees collected from each waterwork and the listing of
16 expenditures from those fees. The expenditures shall be accompanied by a list of benefits the waterworks receive from the
17 State as a result of the fees. In providing monitoring and laboratory analytical services, DHEC will consider least cost
18 alternatives including contracting with private laboratories when appropriate. DHEC shall include all applicable direct and
19 indirect costs in developing cost comparisons with private laboratories.
20 Penalties:
21 All fees remaining unpaid thirty (30) days after billing will be issued a late notice with no penalty due, however, it will
22 contain advisement of penalty for non-payment after sixty (60) days. Fees remaining unpaid after sixty days will be assessed
23 a ten percent (10%) penalty. Fees remaining unpaid at the end of ninety (90) days will be assessed a twenty-five percent
24 (25%) penalty in addition to the sixty day penalty. The sum of both penalties may not exceed five thousand dollars. Persons
25 delinquent under this paragraph will be notified by the Department by certified mail at their last known address.
26 All returned checks will be subject to a returned check fee as outlined in the DHEC Administrative Policy and Procedures
27 Manual. This penalty will be in addition to those outlined above.
28 No monitoring will be conducted on systems with fees unpaid at the end of ninety (90) days.
29 30.18. (DHEC: Medicaid Nursing Home Bed Days) Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum
30 number of Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue
31 Medicaid nursing home permits is 3,900,000 4,009,500.
32 30.19. (DHEC: Infectious Waste Health Inspectors) The Department of Health and Environmental Control shall assign
33 full-time health inspectors to serve at commercial incinerators which dispose of infectious waste for the purpose of assuring
34 the protection of the health and safety of the public by monitoring the receipt, handling and disposal of infectious waste at
35 these sites. The Department shall implement a fee of up to $5.00 per ton of infectious waste to cover the costs of
36 implementing this inspection program, not to exceed $150,000, to be collected quarterly from such inspected facilities to be
37 deposited in the General Fund.
38 30.20. (DHEC: Septic Tank & Retail Food Establishments Inspection Fees) The Department shall charge a septic tank
39 inspection fee of $60.00. This fee shall be paid prior to the evaluation of any site for which an application for a septic tank
40 permit has been made. The Department shall charge annual inspection fees for retail food establishments. Retail food
41 establishments obtaining a permit for the first time shall be charged an inspection fee of $60.00. These fees must be paid
42 prior to the issuance of a permit. After the first year, renewal inspection fees shall be based on gross sales of food and food
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 530
1 products for the facility's previous business year as follows:
2
3 Gross Sales Annual Fee
4
5 $299,999 or less $60.00
6 $300,000 to 2,999,999 $70.00
7 $3,000,000 or more $80.00
8
9 The Department shall revise the annual inspection fee schedule for food service establishments to provide for additional
10 breakdowns.
11 Annual renewal fees shall be due thirty (30) days from the billing date. A penalty charge of $30.00 for all facilities shall
12 be assessed for inspection fees that are past due. A second penalty shall be assessed for inspection fees sixty (60) days past
13 due.
14 Owners of retail food establishments shall furnish previous business year sales information on request of the Department.
15 The following retail food establishments shall be exempt from fee charges:
16
17 Retail food establishments that are operated by a public or private school (kindergarten through grade 12); or are operated
18 by a child care facility.
19
20 Retail food establishments operated by health care facilities that are regulated by the Department.
21
22 Retail food establishments that are operated by other state agencies or local governments that provide food for patients,
23 clients or inmates.
24
25 Retail food establishments that are operated by non-profit organizations for the purpose of providing meals or food to
26 needy persons at little or no cost; or for the purpose of raising money for a charitable purpose.
27
28 An entity claiming an exemption from fee charges may be required to submit annually to the Department written evidence
29 that it meets one or more of the above criteria.
30 30.21. (DHEC: Vital Records Fees) The Department of Health and Environmental Control shall revise fees for Vital
31 Records. The following fee schedule shall be implemented effective July 1, 1991 and the revenue generated shall be retained
32 and expended by the agency to offset the cost of operations of the Vital Records System.
33
34 Records Search (includes one certification, if located) . . $ 8.00
35
36 Additional similar certifications of the same
37 record ordered at the same time . . . . . . . . . . . . . $ 3.00
38
39 Expedited service (additional to other required fees) . . . $ 5.00
40
41 Index Verification for Government Agencies . . . . . . . . $ 2.00
42
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 531
1 Special Filing Fees (additional to research fee)
2 (1) Correction of certificate by affidavit $10.00
3 (2) Amended certificate (adoption, legitimation,
4 court order, paternity acknowledgement) $10.00
5 (3) Delayed Registration of Birth $10.00
6
7 Fees collected at the county health departments for records searches, amendments of records, delayed birth registration
8 and additional copies of the same record requested at the same time shall be distributed as follows: 50% to the county health
9 department and 50% to Vital Records Central Office.
10 30.22. (DHEC: Health Licensing Fee) Funds resulting from an increase in the Health Licensing Fee Schedule shall be
11 retained by the Department to fund increased responsibilities of the health licensing programs.
12 30.23. (DHEC: Controlled Substances Registration Fees) Provided, that the fees assessed for registration under Title
13 44, Chapter 53, Article 3 of the amended Code (the Controlled Substances Act) and set forth under Paragraph 103 of R61-4
14 of the amended Code shall be increased as follows:
15 (1) The fees set in R61-4, Paragraph 103(a), (c), (d), (e), and (h) at $75.00 per annum are increased to $100.00 per
16 annum.
17 (2) The fees set in R61-4, Paragraph 103(b) at $75.00 per annum are increased to $275.00 per annum.
18 (3) The fees set in R61-4, Paragraph 103(f) at $360.00 per annum are increased to $600.00 per annum.
19 (4) The fees set in R61-4, Paragraph 103(g) at $240.00 per annum are increased to $500.00 per annum.
20 (5) The Department of Health and Environmental Control shall modify R61-4, Paragraph 103 to conform to the fees
21 set forth in this proviso.
22 (6) This proviso shall become effective for the 1992-1993 registration period and shall continue in force until modified
23 by revision of R61-4, Paragraph 103.
24 30.24. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in the
25 Medical & Dental Loan program may be expended for other health service programs.
26 30.25. (DHEC: Infectious Waste Contingency Fund) The Department of Health and Environmental Control is authorized
27 to use not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses
28 to implement the Infectious Waste Act.
29 30.26. (DHEC: Nursing Home Medicaid Bed Day Permit) Beginning July 1, 1993, when transfer of a medicaid patient
30 from a nursing home is necessary due to violations of state or federal law or medicaid certification requirements, the
31 medicaid patient day permit shall be transferred with the patient to the receiving nursing home. The receiving facility shall
32 apply to permanently retain the medicaid patient day permit within sixty days of receipt of the patient.
33 30.27. (DHEC: SC Mining Council) The amount appropriated in this section for "Mining and Reclamation", "Per Diem"
34 and "Travel" may be used for reimbursement of expenses and per diem for the South Carolina Mining Council.
35 30.28. (DHEC: Mining Fees) The Department shall be authorized to assess and collect application fees and other fees
36 associated with the implementation of the S.C. Mining Act. Authorized fee categories and amounts are as follows:
37
38 A. Mining Permit Application Fee . . . . . . . . $500.00
39 B. Mining Permit Renewal Fee . . . . . . . . . . $250.00
40 C. Substantial Permit Modification Fee . . . . . $250.00
41 D. Mining Permit Transfer Fee . . . . . . . . . $ 50.00
42
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 532
1 All authorized fees must be received with the appropriate application by the Unit and shall be non-refundable to the
2 applicant.
3 As part of the Annual Reclamation Report required pursuant to Section 48-20-120 of the S.C. Mining Act, the Department
4 shall be authorized to assess and collect an annual operating fee of one hundred twenty-five dollars ($125) for each mine with
5 an operating permit. The Department may assess a late fee of fifty dollars ($50) per month for each month the annual
6 reclamation report and/or annual operating fees are delinquent. All fees generated pursuant to this proviso shall be remitted
7 to the general fund.
8 30.29. (DHEC: Mineral Sets Revenue) The Department is authorized to charge a reasonable fee for mineral sets. Funds
9 generated from the sale of mineral sets may be retained by the Department in a revolving account with a maximum carry
10 forward of $2,000 and must be expended for mineral set supplies and related mining and reclamation educational products.
11 30.30. (DHEC: Spoil Easement Areas Revenue) The Department is authorized to collect, retain and expend funds
12 received from the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South
13 Carolina's responsibility for providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South
14 Carolina. Any unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year
15 and expended for the same purposes.
16 30.31. (DHEC: Performance Bond Forfeiture Revenue Carry Forward) The Department is authorized to retain and
17 expend revenue derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas. Any
18 unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for
19 the same purposes.
20 30.32. (DHEC: Special Permits) Notwithstanding any other provisions of law or Rule and Regulation where the State
21 of South Carolina is exposed to compensation requirements of the Constitutions, the Department is hereby authorized to issue
22 special permits pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 square feet of heated
23 space.
24 30.33. (DHEC: Permit Application) Permit Application fees collected pursuant to Section 48-39-145 of the 1976 Code
25 must be retained by the department and used to establish the Coastal Resources Access Fund to be administered by the Office
26 of Ocean and Coastal Resource Management. The office shall make matching grants from the fund on a 50/50 basis to local
27 governments in the South Carolina Coastal Zone for projects which enhance the public's use and enjoyment of coastal
28 resources.
29 30.34. (DHEC: Construction, Demolition, and Land-Clearing Debris Landfills) The department may not expend funds
30 from any source to implement or enforce or implement and enforce any of the provisions of R.61-107.11, entitled Solid
31 Waste Management: Construction, Demolition, and Land-Clearing Debris Landfills, or any provisions of Part III of the
32 proposed amendments to this regulation approved in draft form by the Board of Health and Environmental Control on April
33 14, 1994, as these provisions apply to landfills managing construction, demolition, and land-clearing debris generated in the
34 course of normal operations on property under the same ownership or control as the landfill, until separate regulatory
35 requirements are promulgated and in effect for these landfills.
36 30.35. (DHEC: Per Visit Rate Bureau of Home Health and Long Term Care) The SCDHEC is authorized to compensate
37 non-permanent, part-time employees on a fixed rate per visit basis. Compensation on a fixed rate per visit may be paid only
38 to Bureau of Home Health and Long Term Care employees for whom the Department receives per visit reimbursement from
39 other sources. These individuals will provide direct patient care in a home environment. The per visit rate may vary based
40 on the discipline providing the care and the geographical location of services rendered. Management may pay exempt or
41 non-exempt employees as defined by the Fair Labor Standards Act only when they are needed to work. Individuals employed
42 in this category may exceed twelve months, but are not eligible for State benefits except for the option of contributing to the
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 533
1 State Retirement System.
2 30.36. (DHEC: Grand Strand Beach Renourishment Match) Any funds appropriated by the state for the Grand Strand
3 Beach Renourishment Project cannot be expended until the U.S. Army Corps of Engineers certifies to the Department of
4 Health & Environmental Control that the federal funds and the required funds from local governments for construction of
5 the Grand Strand Beach Renourishment Project are available for expenditure.
6 30.37. (DHEC: Cardiac Care Services) Notwithstanding any other provision of law, any facility which: (1) obtained a
7 certificate of need for diagnostic cardiac catheterization before July 10, 1992; (2) filed to obtain a certificate of need for
8 open-heart surgical services before January 1, 1993; and (3) has a written open-heart surgery back-up agreement with a
9 facility that provides an open-heart surgery service located within a thirty-minute one-way drive may provide therapeutic
10 cardiac catheterizations. The facility's authority to continue to provide therapeutic cardiac catheterizations terminates sixty
11 days after the effective date of any changes to the criteria contained in the State Health Plan for issuing a certificate of need
12 for open heart surgery. A facility may continue to provide therapeutic cardiac catheterizations after the sixty-day period only
13 if the facility has applied for a certificate of need for open heart surgery under the new criteria within sixty days of the new
14 criteria's effective date. The facility's authority to continue to provide therapeutic cardiac catheterizations during the period
15 while its certificate of need application under the new criteria is pending terminates upon the issuance of a final non-
16 appealable decision on the application for a certificate of need under the new criteria.
17 30.38. (DHEC: Allocation Patient Days) The Department will allocate additional Medicaid patient days authorized above
18 the previous fiscal year's level as provided in Proviso 30.18 based on a percentage of need indicated by the Community Long
19 Term Care waiting list. Not withstanding any other provision of law, of the additional patient days authorized above the
20 previous year's level as provided in Proviso 30.18, the Department may approve additional nursing home patient days/beds
21 not to exceed 11,680 patient days/32 beds for those facilities in those rural counties that have (1) only one nursing home;
22 (2) have no more than eighty-eight nursing home beds; (3) have more than 22 percent of the population age sixty-five and
23 over with an income below the poverty level; and, (4) are below the mean of the South Carolina median family income. A
24 Certificate of Need application for these rural counties must be received by the Department no later than August 1, 1996,
25 and the Department will reserve Medicaid patient days for up to ninety percent of the number of additional beds.
26
27
28 J12 - SECTION 31 - DEPARTMENT OF MENTAL HEALTH
29
30 31.1. (DMH: Medicare Revenue) All Federal Funds received by the Department of Mental Health from patients'
31 Medicare benefits shall be considered as patient fees under the provision of Act No. 1276 of the 1970 Acts (provision for
32 the issuance of bonds to be repaid from patient fees) except that the Department shall remit to the General Fund of the State
33 $290,963 from such funds to support the appropriation for administrative costs of the collection of Medicare benefits. The
34 Department shall retain and expend up to $3 million of all Medicare Revenue earned prior to July 1, of the prior fiscal year,
35 but received in the current fiscal year from cost recovery efforts, all additional prior earnings shall be remitted to the General
36 Fund, except that the cost and fees of identifying and collecting such additional Medicare Revenue to which the Department
37 is entitled may be paid from funds actually collected from such efforts.
38 31.2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in addition to other payments
39 provided in Part I of this Act, the Department of Mental Health is hereby directed during the current fiscal year to remit to
40 the General Fund of the State the amount of $3,800,000 to be paid from the surplus funds in the paying patient account which
41 has been previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970.
42 31.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in addition to other payments
SECTION 31 - DEPARTMENT OF MENTAL HEALTH PAGE 534
1 provided in Part I of this Act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide
2 the funds budgeted herein for $6,214,911 for Departmental operations, $400,000 for the Continuum of Care, $10,000 for
3 the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for
4 Palmetto Pathways, $50,000 for New Day Clubhouse and up to $685,000 for day-to-day operations at the Campbell Nursing
5 Home , from the Patient Fee Account which has been previously designated for capital improvements and debt service under
6 provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund the cost of Medicare Part B
7 premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill shall provide an
8 itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on
9 Mental Health and Mental Retardation. The South Carolina Self-Help Association Regarding Emotions shall provide an
10 itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on
11 Mental Health and Mental Retardation. DMH is authorized to use unobligated Patient Paying Fee Account funds for
12 community transition programs. The funds made available shall be utilized consistently with the Transition Leadership
13 Council's definition of severely mentally ill children and adults. The Department shall report their use of these funds to the
14 Legislative-Governor's Committee on Mental Health and Mental Retardation, the House Ways and Means Committee, and
15 the Senate Finance Committee. This amendment is made not withstanding other obligations currently set forth in this
16 proviso.
17 31.4. (DMH: Paying Patient Fee Hall Institute) Notwithstanding any other provisions of law and in addition to other
18 payments provided in this section, the Department of Mental Health is authorized to utilize up to $1,530,520 of the funds
19 collected from paying patients hospitalized in the acute care units of the William S. Hall Psychiatric Institute to defray the
20 cost of training mental health personnel and psychiatric research at that facility pursuant to Section 44-11-10(2), Code of
21 Laws of South Carolina, 1976; these being a part of the funds previously designated for capital improvements and debt
22 service under the provisions of Act 1276 of 1970.
23 31.5. (DMH: Institution Generated Funds) The Department of Mental Health is authorized to retain and expend
24 institution generated funds which are budgeted.
25 31.6. (DMH: Harris Psychiatric Hospital Carry Forward) The Budget and Control Board shall authorize the Department
26 of Mental Health to carry forward any remaining funds allocated for Harris Psychiatric Hospital in the prior fiscal year to
27 assure full-funding of Harris Psychiatric Hospital in the current fiscal year. The Department is authorized to utilize these
28 funds to provide for community screening and service for potential admission to Harris Psychiatric Hospital.
29 31.7. (DMH: VA Nursing Home Carry Forward) The Department is authorized to carry forward into the current year,
30 funds allocated in the prior fiscal year for the operation of the Campbell Nursing Home. Funds carried forward shall be
31 expended for the same purpose during the current fiscal year.
32 31.8. (DMH: Transfer of Patients to DDSN) DMH is authorized to transfer to the Department of Disabilities & Special
33 Needs, state appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate
34 patients from DMH to the Department of Disabilities & Special Needs. Notwithstanding any other provisions of law and
35 in addition to other payments as authorized in this Act, DMH is also authorized to utilize up to $500,000 from the Patient
36 Fee Account to help defray costs of these transferees.
37 31.9. (DMH: Harris Hospital Funds Transfer Notification) Prior to any transfer of funds from the current budget for
38 Harris Hospital, the Department shall notify the Chairmen of the Joint Appropriations Review Committee, the House Ways
39 and Means Committee and the Senate Finance Committee.
40 31.10. (DMH: Sale of Property Revenue) The Department may retain revenues associated with the sale of property and
41 may expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and Control
42 Board.
SECTION 31 - DEPARTMENT OF MENTAL HEALTH PAGE 535
1 31.11. (DMH: Department Owned Housing Rental) The Department of Mental Health may charge other than fair market
2 value for rental of department-owned housing when such rentals assist in the recruitment and training of mental health
3 professionals.
4 31.12. (DMH: Crafts Farrow/State Hospital) Notwithstanding the provisions of 44-11-10 of the SC Code of Laws, the
5 Department of Mental Health no longer must maintain the S.C. State Hospital and the Crafts-Farrow State Hospital as
6 separate institutions, but may use its appropriations contained in Part IA of this act to implement an administrative merger
7 to achieve improved patient care and to effect cost savings for the department.
8
9
10 J16 - SECTION 32 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS
11
12 32.1. (DDSN: Work Activity Programs) All revenues derived from production contracts earned by mentally retarded
13 trainees in Work Activity Programs be retained by the South Carolina Department of Disabilities & Special Needs and carried
14 forward as necessary into the following fiscal year to be used for other operating expenses and/or permanent improvements
15 of these Work Activity Programs.
16 32.2. (DDSN: Sale of Excess Real Property) The Department is authorized to retain revenues associated with the sale
17 of excess Department-owned real property and may expend these funds to purchase land and construct community residences
18 to serve the mentally retarded. In the construction of new facilities, the Department shall follow all the policies and
19 procedures of the Budget and Control Board and the Joint Bond Review Committee.
20 32.3. (DDSN: Prenatal Diagnosis) Revenues not to exceed $126,000 from client fees, credited to the debt service fund
21 and not required to meet the Department's debt service requirement, may be expended only in the current fiscal year to
22 promote expanded prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic Center.
23 32.4. (DDSN: Medicaid Funded Contract Settlements) The Department is authorized to carry forward and retain
24 settlements under Medicaid-funded contracts.
25 32.5. (DDSN: Medicare Reimbursements) The Department may continue to budget Medicare reimbursements to cover
26 operating expenses of the program providing such services.
27 32.6. (DDSN: Departmental Generated Revenue) The Department is authorized to continue to expend Departmental
28 generated revenues that are authorized in the budget.
29 32.7. (DDSN: Patient Day Fee) The Department may exclude Medicaid revenues from the Intermediate Care Facilities
30 for the Mentally Retarded's patient day fee from indirect cost recovery payments.
31 32.8. (DDSN: Autistic Pilot Project) From the funds provided herein, the Dept. of Disabilities and Special Needs will
32 provide $25,000 for a pilot project in Pickens County to teach autistic children using the Lovaas method in order to assist
33 in mainstreaming these children back into society and thereby reducing future long term care costs.
34
35
36 J20 - SECTION 33 - DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES
37
38 33.1. (DAODAS: School Intervention Activity) $1,149,204 of the amount appropriated as "Total Distribution to
39 Subdivisions" in Program III, Division of Programs and Services is intended to be used for the School Intervention activity
40 and none of this sum shall be used by the Department for the employment of personnel.
41 33.2. (DAODAS: Training & Conference Revenue) The Department may charge fees for training events and
42 conferences. The revenues from such events shall be deposited in the General Fund.
SECTION 33 - DEPT. OF ALCOHOL & OTHER DRUG ABUSE SERVICES PAGE 536
1 33.3. (DAODAS: Other Funded New Positions) The Department of Alcohol & Other Drug Abuse Services may fill
2 the other funded personnel authorized in this section only if such funds are available at the time the new positions are to be
3 filled.
4 33.4. (DAODAS: Chemical Dependency Programs) The Department of Alcohol & Other Drug Abuse Services shall use
5 one-time funding to reduce the recidivism rate of juvenile offenders through a transitional treatment program for addictions.
6 The Department will review the ability of parents of juvenile offenders to off-set the costs of this program through a sliding
7 scale fee-for-service and report on this in the evaluation of this program. In addition, the Department will develop a plan
8 for a coordinated, non-duplicative service delivery network through comprehensive utilization of community-wide services
9 and coordination of chemical dependency funding streams. The Department will present a report to the Governor's Office,
10 to the House Ways and Means Committee, and to the Senate Finance Committee no later than January 15, 1997.
11
12
13 K05 - SECTION 34 - DEPARTMENT OF PUBLIC SAFETY
14
15 34.1. (DPS: Special Events Traffic Control) The Highway Patrol must not charge any fee associated with special events
16 for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the
17 General Assembly. Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private
18 or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety.
19 34.2. (DPS: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of
20 meals to employees, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement,
21 third party Commercial Driver License testing, photo copying, sale of miscellaneous refuse and recyclable materials, tuition
22 from military breathalyzer courses, coin operated telephones, and revenue from canteen operations and building management
23 services, revenue from regional and national marketing of the "Crime-to-Court" and other Department of Public Safety and
24 E.T.V. series shall be retained by the Department and expended in budgeted operations for food services, expansion and
25 improvement programs as the Director of the Department's E.T.V. program, professional training, fees and dues, clothing
26 allowance and other related services or programs as the Director of the Department of Public Safety may deem necessary.
27 The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue
28 retained and carried forward.
29 34.3. (DPS: Detective/Security Fee) The Department of Public Safety is hereby authorized to charge and collect
30 additional license and registration fees for private detective businesses, private security businesses, including employees of
31 these businesses, and companies which provide private security on their own premises. The funds generated will be retained
32 by the Department and used for the purpose of providing additional security in the Capitol Complex area.
33 34.4. (DPS: Realign Appropriations) In consultation with the House Ways and Means Committee and the Senate
34 Finance Committee, the Department of Public Safety is authorized to realign its Fiscal Year 1995-96 1996-97 appropriations
35 into a revised structure to reflect actual program operations.
36 34.5. (DPS: Revenue Generated Carry Forward) Notwithstanding any other provision of law, all revenue generated
37 by the Department of Public Safety from the sale of vehicles, various equipment, less the cost of disposition incurred by the
38 B & C Board Division of Operations, gasoline and insurance claims during the prior fiscal year may be retained and carried
39 forward into the current fiscal year and expended for the purpose of purchasing like items.
40 34.6. (DPS: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, authorized to
41 be expended or used for any federal grant program may be retained and carried forward to the current fiscal year and used
42 for matching committed and/or unanticipated grant funds.
SECTION 34 - DEPARTMENT OF PUBLIC SAFETY PAGE 537
1 34.7. (DPS: Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the
2 Department of Public Safety is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenditures
3 incurred in the prior fiscal year.
4 34.8. (DPS: Expenditures Limit) DELETED
5 34.9. (DPS: Publish County DMV Local Telephone Number) From the funds appropriated in Part IA, Section 34 to
6 the Department of Public Safety, it is the intent of the General Assembly that the Division of Motor Vehicles in each county
7 should have a local telephone number that is published.
8 34.10. (DPS: Cost Recovery Fee) The Department of Public Safety may collect fees to recover the costs of the
9 production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be
10 retained by the agency.
11 34.11. (DPS: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of
12 revenues, all revenues derived under Chapter 56 credited to the Department of Public Safety must be credited to the General
13 Fund of the state.
14 34.12. (DPS: Transfer of Funds) Of amounts appropriated for the Department of Public Safety, an amount equal to one
15 hundred thousand dollars must be transferred to Midlands Technical College for the Motorcycle Rider Safety Education
16 Program.
17
18
19 L04 - SECTION 35 - DEPARTMENT OF SOCIAL SERVICES
20
21 35.1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program
22 overpayments and all such overpayments shall be recouped in accordance with established collection policy. Funds of
23 $800,000 collected under the Child Support Enforcement Program (Title IV D) which are State Funds shall be remitted to
24 the State Treasurer and credited to the General Fund of the State. All state funds above $800,000 shall be retained by the
25 Department to fund Self-Sufficiency and Family Preservation and Support initiatives.
26 35.2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under the
27 IV-D Program, for credit to the General Fund in order to allow full participation in the Federal "set off" program offered
28 through the Internal Revenue Service, the withholding of unemployment insurance benefits through the South Carolina
29 Employment Security Commission and reimbursement for expenditures related to blood testing. Such funds may not be
30 expended for any other purpose. The Department of Social Services be allowed to utilize the State share of Federally
31 required application fees, collected from Non-AFDC clients, in the administration of the Child Support Enforcement
32 Program. Such funds may not be expended for any other purpose. However, this shall not include Child Support
33 Enforcement Program incentives paid to the program from Federal Funds to encourage and reward cost effective
34 performance. Such incentives are to be reinvested in the program to increase collections of support at the State and County
35 levels in a manner consistent with federal laws and regulations governing such incentive payments. The Department shall
36 not use Clerk of Court incentive funds to replace agency operating funds. Such funds shall be remitted to the appropriate
37 state governmental entity to further child support collection efforts.
38 35.3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed
39 one thousand five hundred dollars per burial.
40 35.4. (DSS: Assistance Payments Client List) The names of persons benefiting from assistance payments under the
41 several programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal
42 regulations.
SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 538
1 35.5. (DSS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance, the
2 Department will supplement the income of individuals who reside in those licensed residential care facilities that have an
3 approved Optional Supplement Request with the Department. Individuals who reside in those residential care facilities with
4 approved Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions of Public Law 92-
5 603, U.S. Code, or who would qualify except for income limitations or residence in a residential care facility reclassified
6 as a public institution by the Social Security Administration. For the period of the current fiscal year, the Department will,
7 based on availability of funds, supplement the income of the above defined group up to a maximum of $741.00 $753.00
8 per/month and the residential care facilities are authorized to charge a fee of $708.00 $720.00 per/month for the defined
9 group. The Department will allow each individual in the defined group a $33.00 per/month personal needs allowance. If
10 the federal government grants a cost of living increase to Social Security and Supplemental Security Income recipients, the
11 Department will reduce the Optional Supplement by the amount of the cost of living income. Any surplus funds generated
12 as a result of the cost of living increase will be retained within the program and carried forward to fund the future cost of
13 operating the program. The Department shall establish the maximum number of Optional Supplement Requests that can be
14 funded from the funds appropriated herein and report this data to the House Ways and Means and Senate Finance
15 Committees within thirty days after the effective date of this act. All funds appropriated or generated for this program must
16 remain with the Optional Supplement program. Each residential care facility must submit to the Department prior to July
17 1 each year the number of Optional Supplement Requests for the above defined group to be served during the next twelve
18 months. Residential Care Facilities holding a slot will be allocated slots based on their current allocation and available funds.
19 The Department will develop a waiting list based on present and future applications received from each county. Slots will
20 be allocated to homes in the counties showing the greatest need. If a facility does not fill a vacant slot within ninety days
21 the slot will be reallocated. Payments shall be made to those individuals who reside in residential care facilities with assigned
22 slots. If a resident should decide to leave a residential care facility prior to the end of a month in which payment is made,
23 there will be no refund except in a case of a medical emergency. Each facility that participates in the Optional Supplement
24 Program must submit a notarized operating cost report. The Department will develop a form to be used by all facilities.
25 The cost information will include income and operating costs for the facility. The Department will develop a time schedule
26 for reports to be submitted. Facilities failing to adhere to the time schedule will not be eligible to receive Optional
27 Supplement payments. Information received by the Department will be consolidated and submitted to the Ways and Means
28 Committee and Senate Finance Committee.
29 35.6. (DSS: Child Day Care Facilities) Notwithstanding the provisions of Act 184 of 1977 as amended relating to child
30 day care facilities, the Department is granted the authority to grant provisional licenses, provisional approvals and provisional
31 registrations to new facilities covered under Articles II, III, and V of Act 184 of 1977 as amended for a period no longer
32 than a year and to grant or extend provisional licenses, provisional approvals and provisional registrations to existing facilities
33 covered under Articles II, III, and V of Act 184 of 1977 as amended but in no case beyond July 1, of the next fiscal year.
34 35.7. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee.
35 35.8. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II E entitled Battered Spouse shall be
36 allocated through contractual agreement to providers of this service. These appropriations may also be used for public
37 awareness and contracted services for victims of this social problem including the abused and children accompanying the
38 abused. Such funds may not be expended for any other purpose nor be reduced by any amount greater than that stipulated
39 by the Budget and Control Board or the General Assembly for the agency as a whole.
40 35.9. (DSS: Court Examiner Service Exemption) In order to prevent the loss of Federal Funds to the State, employees
41 of the Department of Social Services whose salaries are paid in full or in part from Federal Funds will be exempt from
42 serving as court examiners.
SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 539
1 35.10. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts
2 receivable in accordance with appropriate and applicable Federal regulations.
3 35.11. (DSS: Attorney or Guardian Ad Litem Fees) Effective July 1, of the current fiscal year, any monies appropriated
4 for the payment of attorneys' fees or Guardian ad Litem fees in either abuse and neglect, termination of parental rights, or
5 judicial review cases arising under Section 20-7-480, et. seq. of the SC Code of Laws, (1976, as amended), and adult
6 protective services cases under Section 43-29-10, et. seq. of the SC Code of Laws, (1976, as amended), shall only be paid
7 in accordance with DSS policy which shall include limits on awards and procedures for payment, in due consideration of
8 the Agency's budgetary limitations and specific funds allocated for such purposes. No other fees or costs associated with
9 the above referenced cases shall be paid unless expressly authorized by statute, court rules or DSS policy and provided that
10 sufficient funds have been allocated for such purposes.
11 35.12. (DSS: AFDC Advance Funds) The Department of Social Services is authorized to advance sufficient funds during
12 each fiscal year from the Aid to Families with Dependent Children Assistance Payments general fund appropriations to the
13 Aid to Families with Dependent Children Assistance Payments federal account only for the purpose of allowing a sufficient
14 cash flow in the federal account. The advance must be refunded no later than April of the same fiscal year. Upon the
15 advance of funds as provided herein, the Comptroller General is authorized to process the July voucher for the funding of
16 benefit checks.
17 35.13. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept donations,
18 grants, and bequests for social services provided under their direct responsibility on the basis of a fee schedule approved
19 by the Budget and Control Board. The fees collected shall be utilized by the Department of Social Services to further
20 develop and administer these program efforts.
21 35.14. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the
22 Department may elect to supplement the income of individuals who reside in foster homes or supported independent living
23 arrangements certified by the Department of Mental Health and who qualify as mentally disabled under the definitions of
24 Public Law 92-603, U.S. Code, or who would qualify except for income limitations with the supplement being at the same
25 rate as for other individuals who qualify for General Assistance. The Department shall contract with the Department of
26 Mental Health to ensure that the payments of General Assistance to persons who would not otherwise qualify except for this
27 proviso shall be transferred to the Department from the appropriations made to the Department of Mental Health.
28 35.15. (DSS: Work Support/Teen Companion Programs) The Department of Social Services shall be allowed to transfer
29 into the Administrative area of the Work Support/Teen Companion Programs, documented savings generated from reduced
30 AFDC Assistance Payments Caseloads as a result of these programs.
31 35.16. (DSS: Electronic Benefits Transfer System) The funds appropriated herein for the Electronic Benefits Transfer
32 System Pilot Project (EBT) shall be used for the development, start-up, and evaluation of the pilot system. The Department
33 of Social Services is directed to develop a request for proposals to pilot an Electronic Benefits Transfer System and
34 implement the pilot project proceed with planning for the expansion of the use of the EBT system for other government
35 benefits delivery, beginning with the Aid to Families with Dependent children program. The agency shall submit a status
36 report on the implementation of the system to the members of the Senate Finance and House Ways and Means Committees
37 by July 1, 1995. 1996.
38 35.17. (DSS: Medicaid Application) It is the intent of the General Assembly to encourage persons to apply for Medicaid
39 coverage, for the application process to be as simple as possible, and for workers to assist applicants as much as possible
40 in completing the application process. The Department of Health and Human Services shall work with the Department of
41 Social Services to develop a training package for Medicaid workers for use in the county offices. Training would include
42 substantive information on the Medicaid eligibility determination process as well as training in relating to clients and
SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 540
1 applicants. Training and Medicaid management reports should be developed for county directors to enable them to manage
2 their Medicaid staff.
3 35.18. (DSS: Medicaid Program Employees) The Department of Health and Human Services shall work with the
4 Department of Social Services and contractually establish by slot number, location, and specific cost center those positions
5 who are dedicated to work in the Medicaid program.
6 35.19. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the
7 AFDC and Food Stamp programs shall be retained by the Department. A portion of these funds shall be distributed to local
8 county offices for emergency and program operations. The remaining funds will be used by the Department to fund our
9 Food Stamp Reinvestment Plan and other program operations.
10 35.20. (DSS: Day Care Centers) The Department shall continue the direct operation of day care centers in Colleton and
11 Charleston counties as long as the centers operate solely on revenues generated from fees or vouchers and without a subsidy
12 from state funds appropriated to the Department.
13 35.21. (DSS: AFDC - Immunizations Certificates) The Department shall require all AFDC applicants and/or recipients
14 to provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the
15 Department shall assist in referring applicants to appropriate county health departments to obtain the immunizations.
16 35.22. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated for
17 the payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising
18 under Section 20-7-480, et. seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section
19 43-35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which
20 shall include limits on awards and procedures for payment, in due consideration of the Agency budgetary limitations and
21 specific funds allocated for such purposes. Provided further that DSS shall pay up to a maximum hourly rate to Licensed
22 Psychologists, Social Workers, Nurses, Ministerial Counseling, Family and Marriage Counselors of $60 for counseling and
23 $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum hourly rate to Physicians of $125
24 for expert witness fees, to include travel time.
25 35.23. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code
26 of Laws, 1976, as amended, the Department is authorized to pay from funds appropriated in this section the costs of Federal
27 Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the Department.
28
29
30 L12 - SECTION 36 - JOHN DE LA HOWE SCHOOL
31
32 36.1. (JDLHS: Status Offender Carry Forward) To facilitate the period of initial program start-up, unexpended EIA
33 status offender funds distributed to John de la Howe School from the Department of Education may be carried forward and
34 used for the same purpose.
35
36
37 L24 - SECTION 37 - COMMISSION FOR THE BLIND
38
39 37.1. (BLIND: Matching Federal Funds) For the current fiscal year the amount appropriated in this section under
40 Program II for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under
41 the Federal Vocational Rehabilitation Program.
42 37.2. (BLIND: Horticulture Revenue) Revenues derived from the production of horticulture products by clients of the
SECTION 37 - COMMISSION FOR THE BLIND PAGE 541
1 Adult Adjustment and Training Center may be retained by the Commission and used in the facility for client payments and
2 other production costs.
3
4
5 L32 - SECTION 38 - HOUSING, FINANCE & DEVELOPMENT AUTHORITY
6
7 38.1. (HFDA: Federal Rental Assistance Administrative Fee Carry Forward) All federal rental assistance administrative
8 fees shall be carried forward to the current fiscal year for use by the Authority in the administration of the federal programs
9 under contract with the Authority. No State funds are to be used in the administration of these programs.
10 38.2. (HFDA: Program Expenses Carry Forward) For the prior fiscal year monies withdrawn from the Authority's
11 various bond-financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay program
12 expenses, may be carried forward by the Authority into the current fiscal year. By October 1, of the current fiscal year,
13 a report shall be submitted to the Senate Finance Committee and the House Ways and Means Committee, detailing the
14 amount carried forward and a detailed budget for its expenditure.
15
16
17 L36 - SECTION 39 - HUMAN AFFAIRS COMMISSION
18
19 39.1. (HAC: Sale of Publication) Up to $4,000 in revenue derived from the sale of 'The Blueprint' may be retained
20 and expended for the purpose of conducting future Human Affairs Forums. Any remaining balance may be expended for
21 the same purpose.
22 39.2. (HAC: Human Affairs Forum Carry Forward) Revenue derived from donations and registration fees received
23 for attendance at the Human Affairs Forum may be retained and carried forward into the current fiscal year and expended
24 for the purpose of conducting future Human Affairs Forums.
25 39.3. (HAC: Training Revenue) Revenue derived from fees charged by the Commission for consultative services, such
26 as training, community relations and technical services, shall be deposited in the General Fund.
27
28
29 L46 - SECTION 40 - COMMISSION ON MINORITY AFFAIRS
30
31 40.1. (CMA: Private Contributions and Sponsorship) Monies derived from private sources for agency research, forums,
32 training and institutes may be retained and expended by the Commission for the said purpose. Any remaining balance may
33 be carried forward and expended for the same purpose.
34 40.2. (CMA: Carry Forward Registration Fees) Revenue derived from registration fees received from training and
35 institutes may be retained and carried forward for the purpose of conducting future training and institutes.
36 40.3. (CMA: Carry Forward Grant Awards) Revenues pooled from public and private sources for the purpose of
37 awarding grants to address problems in the minority community may be retained and carried forward by the Commission.
38
39
40 N04 - SECTION 41 - DEPARTMENT OF CORRECTIONS
41
42 41.1. (CORR: Clothes/Transportation Upon Discharge) Whenever an inmate shall be discharged from the Department
SECTION 41 - DEPARTMENT OF CORRECTIONS PAGE 542
1 of Corrections, the State Board of Corrections thereof shall furnish such inmate with a suit of common clothes, if deemed
2 necessary, and transportation from the Department of Corrections to his home, if his home be within this State, or to the
3 County from which he was sentenced if his home be without this State.
4 41.2. (CORR: Extended Work Release Program Carry Forward) Revenue derived wholly from supervisory charges
5 paid by inmates participating in the Extended Work Release Program be retained by the Department of Corrections to
6 continue the program. Revenue collected and retained by the Department of Corrections in prior years from the Extended
7 Work Release Program be retained and carried forward to continue the Extended Work Release Program.
8 41.3. (CORR: Farm Program) Notwithstanding any provision of law to the contrary, the proceeds from the sale of all
9 excess agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be
10 retained by that agency to be utilized in the expansion and modernization of the program.
11 41.4. (CORR: Sale of Products) In addition to sales currently authorized by statute, all articles or products produced
12 by the Department of Corrections may be sold on the open market; those articles or products not provided for by statute,
13 are sold and distributed through wholesalers and jobbers within this State.
14 41.5. (CORR: Habilitation Unit for Developmentally Disabled) Notwithstanding any other provision of law to the
15 contrary, the excess revenue generated by the Adult Work Activity Center be returned to the Department of Corrections to
16 be utilized in the expansion and modernization of the Habilitation Unit for the Developmentally Disabled.
17 41.6. (CORR: Canteen Operations) Revenue derived wholly from the Canteen operations within the Department of
18 Corrections on behalf of the inmate population, may be retained and expended by the Department for the continuation of the
19 operation of said Canteens and the welfare of the inmate population. The Canteen operation is to be treated as an enterprise
20 fund within the Department of Corrections and is not to be subsidized by State Appropriated Funds.
21 41.7. (CORR: Contract for Services) Upon initiation by the South Carolina Department of Corrections, and upon prior
22 approval by the Budget and Control Board, the Department of Corrections may contract for any and all services, but such
23 services must (1) demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result in
24 long-term operational cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support space
25 more expeditiously than traditional methods, and (4) be subject to the year-to-year appropriation process of the General
26 Assembly and state procurement procedures.
27 41.8. (CORR: Contract Performance Funded Literacy Instruction) Of funds appropriated for the Palmetto Unified
28 School District Contractual Services, $75,000 must be used for contracting with private sector education providers for
29 performance-funded literacy instruction. Contractors would be paid only for student progress on quantifiable performance
30 measurements.
31 41.9. (CORR: E.H. Cooper Trust Fund) Notwithstanding any provision of law to the contrary, the Commissioner of
32 the Department of Corrections, at his discretion, may utilize interest generated from the fund created by interest which
33 accrued to the E.H. Cooper Trust Fund and was retained by the Department of Corrections in prior years. The
34 Commissioner may use these funds for special projects benefiting the general welfare of all inmates in the custody of the
35 Board of Corrections.
36 41.10. (CORR: Work Release Program Transportation Fee) The Department is authorized to charge a one dollar ($1.00)
37 per day transportation fee to participants in the work release program.
38 41.11. (CORR: Instructional Salaries) The certified instructional personnel of the Department of Corrections shall receive
39 a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional
40 personnel throughout the State.
41 41.12. (CORR: Turbeville Correctional Institution) Funds appropriated herein shall be used for the opening and operating
42 of the Turbeville Correctional Institution during the current fiscal year.
SECTION 41 - DEPARTMENT OF CORRECTIONS PAGE 543
1 41.13. (CORR: Ridgeland Correctional Institution) Of funds appropriated for the Housing, Care, Security and
2 Supervision Other Operating Expenses, $141,758 must be used to provide funding for water and sewer availability for the
3 prison located in Ridgeland, in accordance with contractual commitments.
4 41.14. (CORR: Ridgeland 24-Hour Security) Of funds authorized in this section for Housing, Care and Security,
5 $200,000 and 8 FTEs shall be used to provide 24-hour security at the Ridgeland Correctional Institution.
6 41.15. (CORR: Recreational Weight Room Equipment) All recreational weight room equipment within the South
7 Carolina Department of Corrections shall be disbursed in the following order: to the Department of Corrections Training
8 Facility, the Criminal Justice Academy and to the Department of Education for distribution to local school districts. The
9 Department of Corrections is prohibited from purchasing recreational weight room equipment for inmate use and if any
10 prison fails to remove the weights from inmates' use, then $10,000,000 of the State General Funds will be withheld from
11 the Other Operating Expenses of the Department of Corrections.
12 41.16. (CORR: Recreational Scoreboards and Bleachers) The recreational scoreboards and bleachers determined to be
13 surplus by the South Carolina Department of Corrections may be donated by the Department to the school district in which
14 the donating institution is located. In the event the school district does not have need for such equipment, it may then be
15 offered to any school district within the county in which the institution is located.
16 41.17. (CORR: Funding Through State Criminal Assistance Program) All funds received by the State from the United
17 States Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the
18 state correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses.
19 41.18. (CORR: Medical Expenses) The Department of Corrections shall be authorized to charge inmates for any medical
20 treatment or consultation provided at the request of or initiated by the inmate. Inmates shall not be charged for psychological
21 or mental health visits.
22 41.19. (CORR: Surplus Farm Produce) The Department of Corrections shall be authorized to sell surplus farm produce,
23 with any funds generated to be utilized by the Department to offset costs of the farming operation.
24 41.20. (CORR: Remedial Education Funding) A criminal offender committed to the custody of the Department of
25 Corrections, who has been evaluated to function at less than an eighth grade educational level, or less than the equivalent
26 of an eighth grade educational level, may be required by Department officials to enroll and actively participate in academic
27 education programs. Funds appropriated to the Department of Corrections for educational programs shall be prioritized to
28 assure such remedial services are provided.
29
30
31 N08 - SECTION 42 - DEPARTMENT OF PROBATION, PAROLE & PARDON
32
33 42.1. (DPPP: Hearing Fee) The Department of Probation, Parole and Pardon Services shall receive a hearing fee under
34 a plan approved by the Budget and Control Board.
35 42.2. (DPPP: Electronic Monitoring Fee Assessment) Every person placed on electronic monitoring shall be assessed
36 a fee to be determined by the Department in accordance with SC Code 24-21-80, so long as he remains in the electronic
37 monitoring program. The payment of the fee must be a condition of parole or probation and a delinquency of two months
38 or more in making payments may operate as a revocation. All fees generated by this assessment shall be retained by the
39 department to support the electronic monitoring program and carried forward for the same purpose.
40 42.3. (DPPP: Per Diem Reduction to Fund DJJ) DELETED
41 42.4. (DPPP: Electronic Monitoring Program) Of the funds appropriated to the Department of Probation, Parole and
42 Pardon Services for community corrections, other operating expenses, the Department may expend up to $1,33,333 for the
SECTION 42 - DEPARTMENT OF PROBATION, PAROLE & PARDON PAGE 544
1 expansion of existing community electronic monitoring of criminal offenders under the jurisdiction of the Department. In
2 addition, before September 1, 1996, the Department shall develop and submit a plan to the Senate Corrections and Penology
3 Committee and the House Judiciary Committee identifying additional offender populations to be placed on electronic
4 monitoring and any necessary statutory revisions or additional funding required in order to fully implement this plan.
5 Offenders placed on electronic monitoring must be selected pursuant to criteria developed by the Department, and no
6 offenders may be placed on electronic monitoring unless the offender is in a population that is within the purview of the
7 Department's electronic monitoring authority.
8
9
10 N12 - SECTION 43 - DEPARTMENT OF JUVENILE JUSTICE
11
12 43.1. (DJJ: Meal Ticket Revenue) The revenue generated from sale of meal tickets by the Department of Juvenile
13 Justice shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the
14 agency's cafeterias and food service programs.
15 43.2. (DJJ: Interstate Compact/Juvenile Restitution Programs Revenue) The revenue returned to the Interstate Compact
16 Program and the revenue returned from the Juvenile Restitution Program shall be retained and carried forward into the
17 current fiscal year by the Agency and expended for the Operation of the respective program areas.
18 43.3. (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South Carolina
19 Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a
20 schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in
21 Regulation 43175.
22 43.4. (DJJ: Children's Projects Revenue) Funds generated from the projects undertaken by children under the
23 supervision of the Department of Juvenile Justice may be retained by the Department and utilized for the benefit of those
24 children. Such funds may be carried forward into the following fiscal year.
25 43.5. (DJJ: Report on Children Detained Before Adjudication) The South Carolina Department of Juvenile Justice shall
26 compile data for one year following the effective date of an Act of 1990 passed pursuant to Senate Bill 1485, and that data
27 must reflect the total number of children detained before adjudication, the reasons for those detentions, the average length
28 of those detentions, the percentage of children needing treatment services, and the types of treatment services needed
29 including, but not limited to, the number of children needing mental health services and the number of children needing
30 alcohol and drug abuse treatment. This data must be reported on a quarterly basis to the Joint Legislative Committee on
31 Children.
32 43.6. (DJJ: Revenues Generated) All revenues generated from USDA federal grants, the Education Finance Act (EFA),
33 the Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended
34 by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with these
35 programs.
36 43.7. (DJJ: Instructional Salaries) The certified instructional personnel of the Department of Juvenile Justice shall
37 receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the
38 instructional personnel throughout the State.
39 43.8. (DJJ: Juvenile Justice Parole Board Compensation) The Department is authorized to pay the Juvenile Justice
40 Parole Board member up to $200 per day for services rendered to the agency in the performance of their official duties.
41 The total amount of agency funds which can be utilized in this manner cannot exceed $48,000 per year.
42 43.9. (DJJ: Electronic Monitoring Program) Of the funds appropriated to the Department of Juvenile Justice for
SECTION 43 - DEPARTMENT OF JUVENILE JUSTICE PAGE 545
1 community corrections, other operating expenses, the Department may expend up to $666,667 for the creation of community
2 electronic monitoring of juvenile offenders under the jurisdiction of the Department. In addition, before September 1, 1996,
3 the Department shall develop and submit a plan to the Senate Corrections and Penology Committee and the House Judiciary
4 Committee identifying additional offender populations to be placed on electronic monitoring and any necessary statutory
5 revisions or additional funding required in order to fully implement this plan. Offenders placed on electronic monitoring must
6 be selected pursuant to criteria developed by the Department, and no offenders may be placed on electronic monitoring unless
7 the offender is in a population that is within the purview of the Department's electronic monitoring authority.
8
9
10 P12 - SECTION 44 - FORESTRY COMMISSION
11
12 44.1. (FC: Surplus Property Exemption) The South Carolina Forestry Commission may retain and apply all receipts,
13 less the cost of disposition incurred by the Division of Operations - Office of General Services, from the sale of surplus forest
14 firefighting equipment toward the purchase of forest firefighting equipment.
15 44.2. (FC: Ladies Island Fire Tower/Pickens Area Office) The South Carolina Forestry Commission is authorized to
16 sell 1.02 acres of real property with improvements, known as Ladies Island Fire Tower site located in Beaufort County and
17 to use the receipts from the sale for construction of the Pickens Area Office and in the Commission's Capital Improvements
18 Program.
19 44.3. (FC: Grant Funds Carry Forward) The S.C. Forestry Commission is authorized to use unexpended federal grant
20 funds in the current year to pay for expenditures incurred in the prior year.
21
22
23 P16 - SECTION 45 - DEPARTMENT OF AGRICULTURE
24
25 45.1. (AGRI: Market Bulletin) The Market Bulletin shall be mailed only to those persons who request it in writing and
26 a record of each request shall be maintained by the Department. The Department shall biennially purge the subscription list
27 through use of a coupon printed in the Bulletin.
28 45.2. (AGRI: Fruit/Vegetable Inspectors Subsistence) A daily subsistence allowance of up to $30.00 may be allowed
29 for temporarily employed fruits and vegetables inspectors from funds generated by fruits and vegetables inspection fees and
30 budgeted under Other funds in Program IV Marketing Services, E. Inspection Services, in lieu of reimbursements for meals
31 and lodging expense.
32 45.3. (AGRI: Commodity Boards Expenditures) Expenditures made for the various Commodity Boards (as budgeted
33 under Other funds in Program IV.C. Marketing Services: Commodity Boards) are exempt from regulations under the
34 Procurement Act of 1981.
35 45.4. (AGRI: Mobile Lab Fee) The Commissioner of Agriculture may set a nominal fee, not to exceed ten dollars, per
36 analysis performed by the Department's mobile laboratory. These fees may be retained and expended by the Department
37 of Agriculture to offset other operating expenses incurred by the mobile laboratory.
38 45.5. (AGRI: Matching Funds-Research Projects) DELETED
PAGE 546
1 P20 - SECTION 46 - CLEMSON UNIVERSITY - PSA
2
3 46.1. (CU-PSA: Revenue Credited to General Fund) All revenues derived from the Regulatory and Public Service
4 Division covered in this section must be remitted to the credit of the General Fund.
5 46.2. (CU-PSA: Employer Contributions Carry Forward) That amount accrued and expended for employer
6 contributions associated with accrued salaries and wages but not remitted by June 30, of the prior fiscal year, may be carried
7 forward to the current fiscal year.
8 46.3. (CU-PSA: Pesticide Revenue) The first $140,000 in revenue from pesticide registration fees must be retained
9 by Regulatory and Public Service Programs to apply to expenses of centralizing its personnel and relocating its laboratories
10 from the Poole Agricultural Center. All revenues collected from pesticide registration fees in excess of $140,000 and up
11 to $50,000 of revenues collected from Structural Pest Control Businesses for Business licensing must be retained by
12 Regulatory and Public Service Programs to carry out provisions of the S.C. Pesticide Control Act as amended and pursuant
13 to regulations related to this Act.
14 46.4. (CU-PSA: Phytosanitary Certificates) Revenues collected from the issuance of phytosanitary certificates shall be
15 retained by the Division of Regulatory and Public Service for the purpose of carrying out phytosanitary inspections.
16 46.5. (CU-PSA: Witness Fee) The Public Service Activities of Clemson University are hereby authorized to charge
17 a witness fee of $100.00 per hour up to $400.00 per day for each employee testifying as an expert witness in civil matters
18 which do not involve the State as a party in interest. This fee shall be charged in addition to any court prescribed payment
19 due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account.
20
21
22 P24 - SECTION 47 - DEPARTMENT OF NATURAL RESOURCES
23
24 47.1. (DNR: County Funds) Funds belonging to each of the counties of the State, now on hand or hereafter accruing
25 to the counties, shall be expended on approval of a majority of the respective county delegation, including the resident senator
26 or senators, if any. An annual accounting for all such funds and expenditures shall be furnished by the Department to each
27 member of each county delegation; it being the intent of the General Assembly that the appropriations made in this section
28 are conditioned upon compliance with this requirement. In addition to the annual accounting required above, the Department
29 shall make a proposal for expenditures of such funds in the succeeding fiscal year in each county to the members of the
30 respective county legislative delegation, including the resident senator or senators, if any; and upon approval thereby shall
31 proceed with the use of such funds in compliance with the finalized and approved plan as approved by each legislative
32 delegation. If no plan is approved, the expenditure of such funds is to be administered as determined by the various
33 legislative delegations.
34 47.2. (DNR: County Game Funds/Equipment Purchase) Any equipment purchased by the Department from county
35 game funds on approval of a majority of a county delegation, including the resident senator or senators, if any, shall remain
36 in that county upon the request of a majority of the respective county delegation, including the resident senator or senators,
37 if any, and if sold by the Department, the proceeds of such sale shall be credited to such county game fund. Expenditures
38 from the County Game Fund and the Water Recreation Resource Fund which have the approval of the county delegation shall
39 be exempt from the provisions of Act 651 of 1978, as amended.
40 47.3. (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is
41 a resident of South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers,
42 be allowed to fish or hunt without purchasing a fishing or hunting license.
SECTION 47 - DEPARTMENT OF NATURAL RESOURCES PAGE 547
1 47.4. (DNR: Fisheries) Notwithstanding the provisions of Section 50-9-460, one-half of all proceeds from the sales
2 under 50-9-460 shall be allocated to the Department for the propagation and conservation of fisheries resources.
3 47.5. (DNR: Publications Revenue) For the current fiscal year all revenue generated from the sale of the 'South
4 Carolina Wildlife' magazine, its by-products and other publications, shall be retained by the Department and used to support
5 the production of same in order to allow the magazine to become self-sustaining.
6 47.6. (DNR: Casual Sales Tax Collection) The Department of Natural Resources shall continue to collect the casual
7 sales tax as contained in the contractual agreement between the Department of Revenue and Taxation and the Department
8 of Natural Resources and the State Treasurer is authorized to reimburse the Department on a quarterly basis for the actual
9 cost of collecting the casual sales tax and such reimbursement shall be paid from revenues generated by the casual sales tax.
10 47.7. (DNR: Temporary Transfer of Conservation Officers) Without expending additional personal service funds,
11 conservation officers may be temporarily transferred for a period not to exceed six months, to counties requiring additional
12 law enforcement manpower. When a conservation officer is transferred under the authority of this provision, any county
13 game funds which are expended for the acquisition of supplies and equipment must be expended from the game fund of the
14 county to which the officer is transferred.
15 47.8. (DNR: General Assistance County Appropriation) The appropriations in this section for "Aid To Conservation
16 Districts" shall be used by the Soil and Water Conservation Districts for general assistance to the district's program. No
17 district shall receive any funds under this provision unless the county or counties wherein the district is located shall have
18 appropriated no less than three hundred dollars to the district from county funds for the same purposes.
19 47.9. (DNR: Proportionate Funding) Each of South Carolina's 46 Soil and Water Conservation Districts shall receive
20 a proportionate share of funding set aside for Aid to Conservation Districts up to $8,000 per district. Available funding
21 above $8,000 for each district will be apportioned by the Department of Natural Resources based upon local needs and
22 priorities as determined by the Board.
23 47.10. (DNR: Carry Forward - Contract for Goods & Services) If any funds accumulated by the Department of Natural
24 Resources Geology Program, under contract for the provision of goods and services not covered by the Department's
25 appropriated funds, are not expended during the preceding fiscal years, such funds may be carried forward and expended
26 for the costs associated with the provision of such goods and services.
27 47.11. (DNR: Revenue Carry Forward) The Department may collect, expend and carry forward revenues derived from
28 the sale of goods and services in order to support aerial photography, map services, climatology data and geological services.
29 The Department shall annually report to the Ways and Means and Senate Finance Committees the amount of revenue
30 generated from the sale of these goods and services.
31 47.12. (DNR: Clothing Allowance) The Department of Natural Resources is hereby authorized to provide Natural
32 Resource Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to exceed
33 $400 per officer for required clothing used in the line of duty.
34 47.13. (DNR: County Funds Expenditure) DELETED
35
36
37 P26 - SECTION 48 - SEA GRANT CONSORTIUM
38
39 48.1. (SGC: Publications Revenue) Funds generated by the sale of pamphlets, books, and other printed materials, the
40 production of which has been supported by non-state funding, may be deposited in a special account by the Consortium and
41 utilized as Other Funds for the purchase of additional pamphlets, books, and other printed materials for distribution to the
42 public.
PAGE 548
1 P28 - SECTION 49 - DEPARTMENT OF PARKS, RECREATION & TOURISM
2
3 49.1. (PRT: Canadian Day) The Department when expending the $85,000 appropriation herein contained for a
4 Canadian Promotion shall designate one day of such promotion as "Canadian Day" and notwithstanding any other provision
5 of law, all Canadians shall be allowed admittance to state parks and use of park camping facilities on Canadian Day free of
6 charge.
7 49.2. (PRT: Boyleston House Gift/Souvenir Shop Revenue) Any monies derived from the Gift/Souvenir Shop at the
8 Boyleston House must be used for the continuing operation of same.
9 49.3. (PRT: Publications Revenue) The Department is authorized to charge a fee for the cost of vacation guides,
10 research reports, educational conferences, technical planning assistance, technical drawings, and mailing lists. The fee shall
11 offset the actual cost of producing or providing such items and revenue in an amount necessary to offset actual cost shall
12 be retained in a restricted account. Any revenue generated above the actual cost shall be remitted to the General Fund of
13 the State.
14 49.4. (PRT: Tourism Funds Sharing Grants) Notwithstanding any other provision of law or appropriation herein
15 contained, the Horry-Georgetown Tourism Commission is not eligible to receive any tourism funds-sharing grants.
16 49.5. (PRT: Scholarship Program) The Department of Parks, Recreation and Tourism is hereby authorized to establish
17 a scholarship program with Clemson University, South Carolina State University, Sumter Technical College, Trident
18 Technical College, Horry-Georgetown Technical College, Technical College of the Low Country, and other South Carolina
19 institutions of higher education for the purpose of assisting students majoring in park-related fields such as park management,
20 interpretation or conservation relative to potential future employment with the State Parks Division.
21
22
23 P32 - SECTION 50 - DEPARTMENT OF COMMERCE
24
25 50.1. (CMRC: Development - Publications Revenue) The proceeds from the sale of publications may be retained in
26 the agency's printing, binding, and advertising account to offset increased costs.
27 50.2. (CMRC: Development - Enterprise Development Inc. Contract) The Division of State Development may contract
28 with Enterprise Development, Inc. of South Carolina to provide and perform the following functions:
29 1. State Enterprise Development Strategy to include:
30 a) Technical/management assistance to emerging businesses;
31 b) Risk capital development for emerging businesses;
32 c) Incubator system (emphasis on industry and university-linked incubators) to nurture high growth business
33 ventures;
34 d) Strategic marketing to emerging businesses;
35 e) Regional enterprise development coordination.
36 2. Comprehensive approach to technology transfer to include all industries.
37 3. Educational environment for entrepreneurial development.
38 4. Statewide business information center.
39 These contractual services may be funded through the transfer of up to $550,000 of budgetary monies from the Division
40 of State Development. The corporation, as a condition of receiving the contract, must provide in its charter that the
41 Chairmen of the House Ways and Means Committee and the Senate Finance Committee, or their designees, are ex-officio
42 members of the corporate board.
SECTION 50 - DEPARTMENT OF COMMERCE PAGE 549
1 50.3. (CMRC: Economic Dev. Coordinating Council - SCIP Carry Forward) From the amount set aside in 12-27-1270,
2 the Council is authorized to use up to $60,000 to continue to contract with the Division of State Development for the
3 development of the South Carolina Infrastructure-Economic Development Planning Project (SCIP) utilizing Geographic
4 Information Systems, GIS. Any balance on June 30 of the prior fiscal year may be carried forward and expended for the
5 same purposes in the current fiscal year.
6 50.4. (CMRC: Savannah Valley - Carry Forward) The Division of Savannah Valley Development is hereby authorized
7 to carry forward unexpended funds, regardless of their origin, for the authorized purposes of the Development as specified
8 in its legislation.
9 50.5. (CMRC: Aeronautics - Civil Air Patrol) The funds appropriated in this section under program V VII.T "Civil
10 Air Patrol" shall be expended by the Director Civil Air Patrol so as to discharge the State's obligations in conjunction with
11 the Civil Air Patrol as outlined in the SARDA Plan, the S. C. Operational Radiological Emergency Response Plan, and assist
12 County and local authorities and other State agencies insofar as permitted by the regulations governing the Civil Air Patrol.
13 The Director shall further expend funds for the maintenance and acquisition of equipment which, in his opinion, shall
14 increase the Civil Air Patrol's ability to perform its mission, and may expend not more than twenty-five per cent of the Patrol
15 funds in the "CAP AEROSPACE EDUCATION" and "CADET" programs. The Director may expend funds to hire such
16 administrative personnel as may be necessary to administer the above outlined programs. All expenditures for equipment
17 and services shall be in accordance with State fiscal policies.
18 50.6. (CMRC: Aeronautics - Reimbursement for Services Carry Forward) The Division of Aeronautics may retain and
19 expend reimbursements derived from charges to other government agencies for service and supplies for operating purposes
20 and that a reserve not to exceed $300,000 may be carried forward to the current fiscal year for the replacement of time limit
21 aircraft components.
22 50.7. (CMRC: Aeronautics - Air Force Office Space Rental) Revenue received for rental of office space to the U. S.
23 Air Force may be retained and expended to cover the cost of building operations.
24 50.8. (CMRC: Aeronautics - Cost of Utilities) The Division of Aeronautics shall not pay for all or any portion of the
25 cost of utilities at any airport or facility except for buildings occupied by the Division of Aeronautics.
26 50.9. (CMRC: Aeronautics - Funding Sequence) All General Aviation Airports will receive funding prior to the four
27 air carrier airports (i.e. Columbia, Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these qualify for special
28 funding under the DOT/FAA appropriations based on enplanements in South Carolina. This policy may be waived to provide
29 matching State funds for critical FAA safety or capacity projects at air carrier airports.
30 50.10. (CMRC: Aeronautics - Hangar/Parking Facilities) The Division of Aeronautics will provide hangar/parking
31 facilities for government owned and/or operated aircraft on a first come basis. The funds collected are to be deposited to
32 the General Fund. The Hangar Fee Schedule shall be as follows:
33 Single Engine - $ 50.00 per month
34 Twin Engine - $ 75.00 per month
35 Jet/Turboprop - $100.00 per month
36 Helicopter - $ 75.00 per month
37 Permanent parking/tie down space will be provided at the rate of $20.00 per month for single engine aircraft, or $30.00 per
38 month for twin engine aircraft. Personnel from the agencies owning and/or operating aircraft will be responsible for ground
39 movement of their aircraft.
40 50.11. (CMRC: Aeronautics - Utilize DOT Services) The Division is authorized on a reimbursement basis, to utilize
41 services of the Department of Transportation to assist in providing coordinated and continuing legal and other services in
42 transportation and related matters.
SECTION 50 - DEPARTMENT OF COMMERCE PAGE 550
1 50.12. (CMRC: Aeronautics - Airport Planning/Development Studies Carry Forward) Any unexpended balance on June
2 30, of the prior fiscal year, of appropriations to the Division for airport planning and development studies may be carried
3 forward into the current fiscal year, and expended for the same purposes.
4 50.13. (CMRC: Aeronautics - Airport Development) Any line item appropriation for airports shall be disbursed for
5 eligible airport development items as approved by the Division.
6 50.14. (CMRC: Aeronautics - Clothing Allowance) The Division of Aeronautics is hereby authorized to provide pilots
7 with an annual clothing allowance (on a pro rata basis) not to exceed $400 per pilot for required clothing used in the
8 performance of their primary duty.
9 50.15. (CMRC: Contributions Carry Forward) The Department of Commerce is authorized to carry forward unexpended
10 contributions received from member agencies of the Economic Development Coordinating Council to be used for operating
11 expenses and to offset contributions in the current fiscal year.
12 50.16. (CMRC: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, for Matching
13 National Grant Funds, may be carried forward to the current fiscal year and used for matching committed and/or
14 unanticipated grant funds.
15 50.17. (CMRC: Supplemental Carry Forward) Any unexpended funds from FY 94 Supplemental Appropriation Act
16 (#528), Section 3(11) and Section 3(42) for airport improvements may be carried forward from FY 95 into FY 96 and
17 expended for the same purpose.
18 50.18. (CMRC: Carry Forward Sale of Aircraft Proceeds) The Department of Commerce may carry forward proceeds
19 from the sale of aircraft to be used for replacement aircraft.
20 50.19. (CMRC: Aeronautics Report to General Assembly) DELETED
21 50.20. (CMRC: Loris Airport Resurfacing) DELETED
22
23
24 R04 - SECTION 54 - PUBLIC SERVICE COMMISSION
25
26 54.1. (PSC: Assessment Certification) The Public Service Commission shall certify to the Department of Revenue and
27 Taxation the amounts to be assessed to cover appropriations in this section as follows: (1) the amount applicable to the
28 assessment on public utility, telephone utility, radio common carrier and electric utility companies as provided for by Section
29 58-3-100, Code of Laws of 1976, (2) the amount to be assessed against gas utility companies as provided for in Section 58-5-
30 940, Code of Laws of 1976, (3) the amount to be assessed against electric light and power companies as provided for in
31 Sections 58-3-100 and 58-27-50, Code of Laws of 1976, and (4) the amount to be covered by revenue from motor transport
32 fees as provided for by Section 58-23-630, and other fees as set forth in Section 58-3-100, Code of Laws of 1976. The
33 amount to be assessed against railroad companies shall consist of all expenses related to the operations of the Railway
34 subprogram of the Agency's Transportation Division, to include the related distribution of salary increments and employer
35 contributions not reflected in the related subprogram of this Act as set forth in Section 58-3-100, Code of Laws of 1976.
36 54.2. (PSC: Indirect Cost) The assessment certification prepared for the Department of Revenue and Taxation shall
37 include an allocation of indirect cost as approved by the Budget and Control Board representing the Public Service
38 Commission's proportionate share of the cost of central State government.
39 54.3. (PSC: Motor Transport Fee Refund) The Motor Transport Division of the Public Service Commission is hereby
40 authorized to make refunds of fees which were erroneously collected.
41 54.4. (PSC: Certification Assessment for Commission Expenses) The Public Service Commission shall make such
42 certification as required under Section 58-3-100, Code of Laws of 1976.
SECTION 54 - PUBLIC SERVICE COMMISSION PAGE 551
1 54.5. (PSC: Attorneys Appointment) The three attorneys provided for in this section under Program I "Administration"
2 shall be appointed by the Commission with the approval of the Attorney General and be assigned to the Commission.
3 54.6. (PSC: Maximum Salary Limit) The salaries of the chairman and the commissioners as provided in this section
4 shall not be construed as limiting the maximum salary which may be paid to other employees of the Public Service
5 Commission.
6 54.7. (PSC: Commissioners Out-of-State Allowance) When out-of-state, Public Service Commissioners are allowed
7 $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General.
8 54.8. (PSC: Temporary Cash Loan) The Budget and Control Board's Office of State Budget may transfer a temporary
9 cash loan up to $1,000,000 to the Public Service Commission for startup purposes as an Other Funded agency for Fiscal Year
10 1995-96 from funds which the Office of State Budget manages in Section 17. These funds must be repaid by the Public
11 Service Commission as soon as practical but not later than December 31, 1995.
12 54.9. (PSC: RIF Due to Trucking Deregulation) Employees affected by a reduction in force at the PSC due to
13 deregulation of the trucking industry at the Public Service Commission must be afforded, if qualified, first preference for
14 all vacant positions that are offered to be filled, as of July 1, 1995, to July 1, 1996, by the Department of Transportation,
15 Department of Public Safety, the Highway Patrol, SLED, and Department of Natural Resources. No hiring freeze adopted
16 in this Act shall apply to this section.
17
18
19 R08 - SECTION 55 - WORKERS' COMPENSATION COMMISSION
20
21 55.1. (WCC: Physicians & Surgeons Schedule of Fees Revenue) All revenue earned from the sale of the Commission's
22 publication Schedule of Fees for Physicians and Surgeons shall be retained by the agency to be used for the printing and
23 distribution of subsequent revised editions of the schedule.
24 55.2. (WCC: Educational Seminar Revenue) Beginning in FY 94-95, all revenue earned from educational seminars shall
25 be retained by the agency to be used for the printing of educational materials and other expenses related to conducting the
26 seminar.
27 55.3. (WCC: Commissioners Out-of-State Allowance) When out-of-state, Workers' Compensation Commission
28 commissioners are allowed $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General.
29
30
31 R12 - SECTION 56 - STATE ACCIDENT FUND
32
33 56.1. (SAF: Medical Claims Penalty Clause) Medical claims against the State Accident Fund shall not be subject to
34 the 30 day penalty clause as set forth in Section 17 of Act 148 of 1981 as amended by Part II, Section 9, of Act 466 of 1982,
35 until such claims are approved by the Workers' Compensation Commission and received by the Fund.
36 56.2. (SAF: Volunteer Fire/Rescue Squads Coverage) Notwithstanding any other provision of law, voluntary firemen
37 of organized volunteer fire units and members of organized volunteer rescue squads are covered under workers' compensation
38 by the county governing body unless the governing body of the county opts out of the coverage.
39 56.3. (SAF: Educational Seminar Revenue) The State Accident Fund is authorized to set and collect fees for educational
40 seminars. All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials,
41 and other expenses relating to the seminars.
PAGE 552
1 R20 - SECTION 59 - DEPARTMENT OF INSURANCE
2
3 59.1. (INS: Rate Division Auto Insurers Assessment) The costs of operating the Rate Division shall be borne by
4 insurers of automobile insurance. Not later than sixty days after the effective date of this Act, the Chief Insurance
5 Commissioner shall assess each automobile insurer for its just proportion of the amount appropriated by the General
6 Assembly herein for the operation of the Rate Division, such amount to also include appropriated salary adjustments and
7 employer contributions allocable to the Rate Division. Such assessments shall be in the proportion that each insurer's
8 preceding calendar year direct written premium for automobile insurance in this State bears to the total direct written
9 premium for all insurers of automobile insurance in this State during such preceding calendar year. For purposes of this
10 section, direct written premium shall be as reflected in the latest annual statements of automobile insurers in this State filed
11 with the Commissioner. Funds appropriated by the General Assembly for the operation of the Rate Division shall be
12 advanced by the State until the assessments levied herein are collected and deposited in the General Fund of the State.
13 59.2. (INS: Examiners Travel/Subsistence Reimbursement) Notwithstanding the limitations in this Act as to amounts
14 payable or reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse Department
15 examiners in accordance with guidelines established by the National Association of Insurance Commissioners only when the
16 State is reimbursed by an insurance company for the travel and subsistence expenses of Insurance Department examiners
17 pursuant to S. C. Code Section 38-13-10, 1976.
18 59.3. (INS: Reimbursement Carry Forward) Reimbursements received for Data Processing Services, Revenue,
19 Miscellaneous Revenue and Sale of Listings and Labels shall be retained for use by the Department. These funds may be
20 carried forward in the current fiscal year to be expended for the same purposes.
21
22
23 R23 - SECTION 60 - STATE BOARD OF FINANCIAL INSTITUTIONS
24
25 60.1. (FI: Supervisory Fees) The Board of Financial Institutions shall fix supervisory fees of banks, savings and loan
26 associations and credit unions on a scale which, together with fees collected by the Consumer Finance Division will fully
27 cover the total funds expended under this section.
28
29
30 R28 - SECTION 61 - DEPARTMENT OF CONSUMER AFFAIRS
31
32 61.1. (CA: Consumer Protection Code Violations Revenue) Funds, paid to the Department in settlement of cases
33 involving violations of the South Carolina Consumer Protection Code and other statutes enforced by the Department be
34 retained and expended within the agency's budget to help offset the costs of investigating, prosecuting, and the administrative
35 costs associated with these violations, may be carried forward and expended for the same purposes in the current fiscal year.
36 61.2. (CA: Student Athlete/Agents Registration) Funds received by the Department of Consumer Affairs pursuant to
37 registrations under Chapter 102 of Title 59 of the 1976 Code may be retained by the Department for its enforcement duties
38 relating to athlete agents and student athletes under that chapter.
39 61.3. (CA: Expert Witness/Assistance Carry Forward) Unexpended encumbered appropriated funds for the Consumer
40 Advocacy expert witness/assistance program (under Section 37-6-603) may be carried forward into the next fiscal year to
41 meet contractual obligations existing at June 30, and not paid by July 31.
PAGE 553
1 R36 - SECTION 62 - DEPT. OF LABOR, LICENSING & REGULATIONS
2
3 62.1. (LLR: Fire Marshal - Authorization to Charge Fees for Training) The Fire Academy of the State Fire Marshal
4 Division may charge participants a fee to cover the cost of education, and training programs and operations. The revenue
5 generated may be applied to the cost of operations, and any unexpended balance may be carried forward to the current fiscal
6 year and utilized for the same purposes.
7 62.2. (LLR: Real Estate Research & Education Program Funds) Any funds on deposit with the State Treasurer for
8 research and education programs of the Real Estate Commission shall be remitted to the General Fund of the State.
9 62.3. (LLR: Real Estate - Research & Education Projects) All funds appropriated, in this section, for Research and
10 Education projects shall be funded wholly, out of the Real Estate Commission authorized allocation of five dollars from each
11 annual renewal fee. All funds appropriated in this section, for Research and Educational projects shall be expended for the
12 purpose designated.
13 62.4. (LLR: Real Estate News Publication) The South Carolina Real Estate News, published at least quarterly by the
14 Real Estate Commission, shall be exempt from Section 11-25-690, SC Code of Laws, (1976, as amended).
15 62.5. (LLR: Real Estate - Special Account) Revenue in the Real Estate Appraisal Registry account shall not be subject
16 to fiscal year limitations and shall carry forward each fiscal year for the designated purpose.
17 62.6. (LLR: S.C. Building Code Council) All funds received by the Building Codes & Regulatory Services for the S.C.
18 Building Code Council which exceed the total amount of expenditures for operating expenses of the Council shall be
19 deposited in the General Fund of the State.
20 62.7. (LLR: POLA - 110%, Other Funds) The Professional and Occupational Licensing Agencies in Program "IV.
21 Professional and Occupational Licensing Offices", within the Department of Labor, Licensing, and Regulation, must generate
22 revenue at least equal to 110% of their expenditures with 10% deposited to the General Fund. The Contractor's Licensing
23 Board must remit all revenues above their expenditures to the General Fund, which includes the 10%.
24 62.8. (LLR: Fallen Firefighters Memorial) The Department of Labor, Licensing and Regulations - Division of the State
25 Fire Marshal is authorized to erect a memorial on the South Carolina Fire Academy grounds in honor of the South Carolina
26 Firefighters who have died in the act of duty. In order to carry out the purpose of this section, the Department's State Fire
27 and Safety Division is authorized to establish a special account and accept gifts or grants of services, properties or monies
28 from individuals or public and private organizations. The Department shall cooperate with the S.C. State Fire Fighters
29 Association as to design, selection and construction of the monument to be erected and shall be authorized to use such funds
30 as necessary. All excess monies collected are to be placed in a fund for upkeep and maintenance. Any later contributions
31 are to be used for upkeep and maintenance.
32
33
34 R44 - SECTION 63 - DEPARTMENT OF REVENUE AND TAXATION
35
36 63.1. (DOR: Alcoholic Liquor Revenues) Appropriations in this Act to cover the cost of the administration and
37 enforcement of alcoholic liquor laws by the Department of Revenue and Taxation and appropriations in this Act for expenses
38 of the State Law Enforcement Division - ABC Enforcement shall be deducted from the total revenues from alcoholic liquors
39 before distributions of such revenues to the counties and municipalities of the State and such amounts withheld shall be
40 remitted to the General Fund of the State.
41 63.2. (DOR: Cost Recovery Fee) The Department of Revenue and Taxation may collect fees to recover the costs of
42 the production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be
SECTION 63 - DEPARTMENT OF REVENUE & TAXATION PAGE 554
1 retained by the Agency.
2 63.3. (DOR: Subpoenaed Employee Expense Reimbursement) If any employee of the Department of Revenue and
3 Taxation is subpoenaed to testify during litigation not involving the Department of Revenue and Taxation, the party
4 subpoenaing the employee(s) to testify shall reimburse the State for expenses incurred by the employee(s) requested to testify.
5 Expenses shall include but are not limited to the cost of materials and the average daily salary of the employee or employees.
6 63.4. (DOR: Bingo and Video Poker Revenue) As to revenue derived from the provisions of Chapter 21, Title 12,
7 which is collected from bingo, the Department of Revenue and Taxation may withhold from the General Fund portion of
8 this revenue the actual costs, not to exceed $50,000 per fiscal year, of bingo tickets purchased and used by agents of the
9 Department of Revenue and Taxation of Bingo audit activity and of criminal record checks pursuant to the evaluation of
10 applications for bingo licenses. As to revenue derived in accordance with S.C. Code Ann. Section 12-21-2720(3), the
11 Department of Revenue may withhold the actual costs, not to exceed $250,000 per fiscal year, of video game machine audit
12 and regulatory enforcement activity by agents of the Department of Revenue. Any winnings resulting from these activities
13 must be deposited to the General Fund. The Department shall strictly enforce Regulation 117-190 in order to prevent the
14 licensing and operation of large scale video gaming operations. The Department shall coordinate with the State Law
15 Enforcement Division in the regulation of video game operations in establishments which are authorized under both Sections
16 12-21-2720 through 12-21-2808 and Title 61 of the South Carolina Code. The Department annually shall make a report to
17 the Governor and General Assembly outlining the collection activities as a result of this proviso.
18 63.5. (DOR: Court Order Funds Carry Forward) Funds awarded to the Department of Revenue and Taxation by court
19 order shall be retained in a special account and shall be carried forward from year to year, and expended as needed to
20 accomplish the purposes and conditions of said order if specified, and if not specified, as may be directed by the Tax
21 Commissioners.
22 63.6. (DOR: Road Tax Indicia) As to revenue collected from the Road Tax on Motor Carriers, the Department of
23 Revenue and Taxation may withhold from the State highway fund portion of this revenue the actual cost, not to exceed
24 $75,000 per fiscal year, of the registration cards and identification markers issued under the provisions of Section 12-31-250.
25 63.7. (DOR: Sale of Abandoned Property) In accordance with Section 27-18-240, C.L.S.C., South Carolina Code
26 Section 27-18-240, as to the proceeds from the sale of abandoned property under Section 27-18-230, the Department of
27 Revenue and Taxation may deduct from any deposit to the credit of the General Fund costs in general support of the location,
28 identification and sale of abandoned property, subject to the following limitations: (a) the total deduction may not exceed
29 5% of the amount credited to the General Fund for this revenue source in the same fiscal year, and (b) the total deduction
30 may not exceed actual costs for the same fiscal year.
31 63.8. (DOR: Assessor Training) Pursuant to the enforcement of Section 12-37-110, C.L.S.C., South Carolina Code
32 Section 12-37-110, the Property Division of the Department of Revenue and Taxation may charge participants a fee to cover
33 the cost of pertinent education and training programs. The revenue generated may be applied to the cost of the related
34 operation, and any unexpended balance may be carried forward to subsequent fiscal periods and utilized for the same
35 purpose.
36 63.9. (DOR: Professional Designation or License Cost) Whenever a professional designation or license is a legislatively
37 mandated requirement for employment by the Department of Revenue and Taxation, the Department shall be responsible for
38 the annual cost to maintain that required designation or license and provide for examination cost associated with such
39 designation or license if not outside his/her normal duties.
40 63.10. (DOR: Temporary Driver's License) The Motor Vehicles Division is authorized to issue a temporary driver's
41 license or identification card without a laminated colored photograph of the licensee, for a period not to exceed twelve
42 months. The applicant and licensee must comply with provisions of law as set forth in Chapter 1 of Title 56 of the South
SECTION 63 - DEPARTMENT OF REVENUE & TAXATION PAGE 555
1 Carolina Code of Laws, as amended, and such license shall expire no later than the last day of the month one year from the
2 date of issuance or such time as indicated by the Division. The fee for such temporary license or identification card shall
3 be one dollar.
4 63.11. (DOR: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of
5 revenues, all revenues derived under Chapter 56 credited to the Department of Revenue and Taxation must be credited to
6 the General Fund of the state.
7 63.12. (DOR: Tax Education Program) Pursuant to taxpayer educational activities stipulated and authorized by SC Code
8 Section 12-54-740, the Department of Revenue may charge participants a fee to recover the related direct costs. The revenue
9 generated from this may be applied to said cost, and any unexpended balance may be carried forward to subsequent fiscal
10 periods and used for the stated purpose.
11 63.13. (DOR: Federal Retiree Lawsuit Settlement Fund Lapse) Notwithstanding any other provision of law, the
12 Department of Revenue is hereby directed to remit to the General Fund, prior to the close of FY 95-96, the amount of
13 $508,869. This amount represents unexpended appropriations from the Federal Retiree Lawsuit Settlement Fund.
14 63.14. (DOR: Certified and Registered Postage Reimbursement) As to any notice of assessment, adjustment or penalty
15 issued under the provisions of S.C. Code Ann. Title 12 or Title 61, the Department of Revenue is authorized to add $1.50
16 from time to time to any notice of assessment, adjustment or penalty which may be required to be posted by registered or
17 certified mail, and to treat the collection of this additional $1.50, on an estimated or imputed basis, as a reimbursement of
18 the Department's expenditures for postage.
19
20
21 R60 - SECTION 65 - EMPLOYMENT SECURITY COMMISSION
22
23 65.1. (ESC: Salary Level) The salaries of the Chairman, the Commissioners, and the Agency Director of the
24 Employment Security Commission shall be no less than that agreed to by the United States Department of Labor.
25 65.2. (ESC: Dept. of Revenue & Taxation Access to Report) The Employment Security Commission shall allow the
26 Department of Revenue and Taxation access to the Employer's Quarterly Report and any by-product of such report.
27 65.3. (ESC: SCOICC User Fee Carry Forward) All user fees collected by the S.C. Occupational Information
28 Coordinating Committee through the Employment Security Commission may be retained by the SCOICC to be used for the
29 exclusive purpose of operating the S.C. Occupational Information System. All user fees not expended in the prior fiscal year
30 may be carried forward for use in the current fiscal year.
31 65.4. (ESC: JTPA Prior Year Payments) The Employment Security Commission shall be allowed to pay Job Training
32 Partnership Act prior year obligations with current year funds.
33 65.5. (ESC: Out-of-State Travel) When out-of-state, Employment Security Commissioners are allowed $50.00 per diem
34 may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed
35 reasonable by the Comptroller General.
36
37
38 X12 - SECTION 68A - AID TO SUBDIVISIONS-COMPTROLLER GENERAL
39
40 68A.1. (AS-CG: Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate Judges,
41 and County Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which shall be used
42 as a $1,575 salary supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts appropriated in this
SECTION 68A - AID TO SUBDIVISIONS - COMPTROLLER GENERAL PAGE 556
1 section for Registers of Mesne Conveyances shall be distributed by the Comptroller General to the appropriate County
2 Treasurer, which shall be used as a $1,575 salary supplement for Registers of Mesne Conveyances. It is the intent of the
3 General Assembly that the amount appropriated for such salary supplements shall include both salary and related employer
4 contributions and such amounts shall be in addition to any amounts presently being provided by the county for these
5 positions. Any reduction by any county in the salary of the Clerks of Court, the Probate Judges, Registers of Mesne
6 Conveyances and County Sheriffs or any other reduction of expenditures in the office of the Clerks of Court, Probate Judges,
7 Registers of Mesne Conveyances and County Sheriffs shall result in a corresponding decrease of funds provided to that
8 county by the State. Payment shall be made to each County Treasurer in a single lump sum at the beginning of the fiscal
9 year and payment shall be made to the Clerks of Court, Probate Judges and County Sheriffs by the County Treasurer over
10 a twelve month period in the same manner as county salaries are paid. The State shall pay $14,864 on the salary of each
11 County Auditor and County Treasurer in addition to any amounts presently being provided by the county for these positions.
12 It is the intent of the General Assembly that the amount appropriated by the county for these positions shall not be reduced
13 as a result of the appropriation and that such appropriation shall not disqualify each County Auditor and each County
14 Treasurer for salary increases that they might otherwise receive from county funds in the future. Any reduction by any
15 county in the salary of the County Auditor and County Treasurer shall result in a corresponding decrease of funds provided
16 to that county by the State. These salaries shall be administered by the Comptroller General's Office and paid in accordance
17 with the schedule and method of payment established for state employees.
18
19
20 X50 - SECTION 69 - DEPARTMENT OF TRANSPORTATION
21
22 69.1. (DOT: Expenditure Authority Limitation) The Department of Transportation is hereby authorized to expend all
23 cash balances brought forward from the previous year and all income including all Federal Funds, unexpended General Funds
24 and proceeds from bond sales accruing to the Department of Transportation, but in no case shall the expenditures of the
25 Department of Transportation exceed the amount of cash balances brought forward from the preceding year plus the amount
26 of all income including Federal Funds, General Funds and proceeds from bond sales.
27 69.2. (DOT: Special Fund Authorization) The Department of Transportation with the approval of the State Treasurer,
28 is hereby authorized to set up with the State Treasurer such special funds out of the Department of Transportation funds as
29 may be deemed advisable for proper accounting purposes.
30 69.3. (DOT: Secure Bonds & Insurance) The Department of Transportation is hereby authorized to secure bonds and
31 insurance covering such activities of the Department as may be deemed proper and advisable, due consideration being given
32 to the security offered and the service of claims.
33 69.4. (DOT: Statewide Cost Allocation Plan) The Department of Transportation shall pay into the General Fund of the
34 State the sum of $4,879,223 as its proportionate share of the cost of Administration of central service agencies as follows:
35
36 Statewide Cost Allocation Plan:
37 Collection of Highway Revenue $ 3,069,811
38 Central Service Agency Recoveries 1,103,894
39 Other Indirect Cost Recoveries 705,518
40
41 Subtotal $ 4,879,223
SECTION 69 - DEPARTMENT OF TRANSPORTATION PAGE 557
1 The sum of $6,915,166 $362,093 is also transferred for the support of the Highway Patrol and Motor Vehicle Licensing
2 Division which was transferred during restructuring. If fees generated by Title 56 for motor vehicle licenses exceed the BEA
3 Fiscal Year 1995-96 1996-97 forecast, the amount transferred may be reduced proportionately.
4
5 Highway Fund Transfer $ 6,915,166 $ 362,093
6
7 Total Remittance $11,794,389 $5,241,316
8 69.5. (DOT: Benefits) Employees of the Department of Transportation shall receive equal compensation increases, and
9 health insurance benefits and employee bonuses provided in this Act for employees of the State generally. The amount will
10 be funded from Department of Transportation funding sources.
11 69.6. (DOT: Document Fees) The Department of Transportation is hereby authorized to establish an appropriate
12 schedule of fees to be charged for copies of records, lists, bidder's proposals, plans, maps, etc. based upon approximate
13 actual costs and handling costs of producing such copies, lists, bidder's proposals, plans, maps, etc.
14 69.7. (DOT: Commissions Per Diem, Subsistence, Mileage) Members of the Department of Transportation Commission
15 shall receive such per diem, subsistence and mileage for each official meeting as is provided by law for members of boards,
16 commissions and committees.
17 69.8. (DOT: "C" Funds Primary/Secondary Road) Notwithstanding the provisions of Section 12-27-400 of the 1976
18 Code, "C" funds may be expended for primary or secondary roads.
19 69.9. (DOT: Employ Legal/Support Staff) The Department of Transportation shall have the authority with the approval
20 of the Attorney General to employ, within existing authorized positions, necessary legal and support staff to represent the
21 Department in legal matters, including condemnation proceedings and other litigation; such representation shall be under the
22 jurisdiction and control of the Attorney General.
23 69.10. (DOT: Contract Mass Transit System) Notwithstanding any other provision of law, the Department of
24 Transportation is hereby authorized to directly contract mass transit funds with any private operator of a mass transit system
25 to provide service to the general public; provided, that a plan of service has been established and approved by the local
26 general purpose government which has jurisdiction for the area to be served, and approved by the Department, the
27 Transportation Commission and the federal government.
28 69.11. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the Department
29 of Transportation, its Commission, officers and employees, are herewith granted the discretionary authority to relax design
30 and construction standards for the current fiscal year, with respect to highway projects in the secondary State highway
31 system, and the exercise of such discretionary authority to relax design and construction standards shall not give rise to any
32 liability on the part of the Department, its Commission, officers and employees.
33 69.12. (DOT: Accounting Functions Transferred to Comptroller General and State Treasurer) The Department of
34 Transportation shall transfer $471,500 to the General Fund for the purpose of servicing the accounting and payroll functions
35 of the Comptroller General's Office. The Department of Transportation shall transfer $123,546 to the General Fund for
36 servicing the functions of the State Treasurer's Office.
37 69.13. (DOT: Employee Bonus) Notwithstanding any other provision of law, the Department of Transportation shall be
38 allowed to spend monies to provide selected employees a one-time lump sum bonus not to exceed $1,000, based on objective
39 guidelines established by the Budget and Control Board. This payment is not a part of the employee's base salary and is
40 not earnable compensation for purposes of employee and employer contributions to respective retirement systems.
41 69.14. (DOT: Consolidate Transportation Funding) The Department of Transportation shall develop a plan to consolidate
42 all sources of transportation funding throughout state government and to operate with this funding a transportation system
SECTION 69 - DEPARTMENT OF TRANSPORTATION PAGE 558
1 to support the specific programs from which the funding derives and the population of South Carolina in general. This plan
2 shall be submitted to the General Assembly no later than January 15, 1997. The intent of this proviso is to improve access
3 and delivery of transportation services, especially in rural areas. In developing the transportation system, the Department
4 shall work with each agency that provides funding for transportation.
5 Any agency, local government, or other entity, including non-profit organizations, using State funds or State-administered
6 Federal funds for the purpose of transporting private citizens on a regular basis, must provide the following fiscal year
7 information to the Department of Transportation, no later than the first day of October following the close of each fiscal year;
8 (a) number of vehicles used to transport passengers; (b) number of passenger seats in passenger vehicles; (c) number of
9 passenger miles provided; (d) itemized costs of providing transportation; and (e) source or sources from which funds are
10 derived. Information must be provided on a county-by-county basis in a format specified by the Department of
11 Transportation. The Department of Corrections, the Department of Education, school districts and institutions of higher
12 education are exempt from the requirements of this section. No transportation funds may be provided to any entity not in
13 compliance with the requirements of this section.
14 69.15. (DOT: Restructuring-Maintenance Activities) The Department of Transportation shall begin restructuring
15 operations so as to reduce maintenance activities performed with Department personnel and equipment. This restructuring
16 shall be completed no later than June 30, 1998. As part of this restructuring effort, the Department shall endeavor to use
17 private contractors for: bridge replacements; surface treatment (Class A surfacing/seal coating); thermo-plastic striping;
18 traffic signals; fencing; and guardrails whenever possible.
19 69.16. (DOT: Johns Island Connector - Approval) DELETED
20 69.17. (DOT: Heritage Corridor Signs) Of the funds appropriated herein, $100,000 must be used by the Department
21 for fabricating and installing Heritage Corridor signs for those counties affected by this Corridor.
22 69.18. (DOT: Federal Highways Toll-Feasibility Study) DELETED
23
24
25 X90 - SECTION 72 - GENERAL AND TEMPORARY
26
27 72.1. (GP: Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies,
28 departments and institutions of state government, to provide at no cost and as a part of the regular services of the agency,
29 department or institutions such services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary
30 Commitment), Article 7, Chapter 17 of Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976
31 Code (Defense of Indigents), and Article 1 of Chapter 3 of Title 16 of the 1976 Code (Death Penalty), as amended, upon
32 request of the Judicial Department and/or the appropriate court. To this end, state agencies are directed to furnish to the
33 Judicial Department a list of their employees who are competent to serve as court examiners. The Judicial Department shall
34 forward a copy of this list to the appropriate courts, and the courts shall utilize the services of such state employees whenever
35 feasible. State employees shall receive no additional compensation for performing such services. For the purpose of
36 interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or
37 residency as an academic requirement or employees who are not full-time state employees and who are not performing duties
38 as state employees are not considered state employees.
39 72.2. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies
40 appropriated case services funds who routinely receive prior year case service billings after the old fiscal year has been
41 officially closed are authorized to pay these case service obligations with current funds. This authorization does not apply
42 to billings on hand that have been through a timely agency payment approval process when the old fiscal year closes.
SECTION 72 - GENERAL AND TEMPORARY PAGE 559
1 72.3. (GP: Credit Cards for Goods & Services) Notwithstanding any other provision of law, the State Treasurer may
2 enter into contracts whereby the agency or institution may accept credit cards as payment for goods or services provided.
3 72.4. (GP: Warrant Requisitions, Deposits) The expenditure of money appropriated in this Act shall be by warrant
4 requisitions directed to the Comptroller General. Upon receipt of the requisition, accompanied by invoices or other
5 satisfactory evidence of the propriety of the payment, and itemized according to standard budget classifications, the
6 Comptroller General shall issue his warrant on the State Treasurer to the payee designated in the requisition. No requisitions
7 for warrants shall be processed for any amounts less than one dollar. Upon approval and designation by the State Budget
8 and Control Board, state institutions may requisition funds in favor of their own treasurer, itemized only to the extent of the
9 purpose of the appropriation as expressed in this Act, and may deposit such funds in the name of the institution, in such bank
10 or banking institutions as shall be designated by the State Treasurer, and disburse same by check to meet the purposes of
11 the appropriation, but strict account shall be kept of all such expenditures according to standard budget classifications. All
12 money shall be drawn only when actually owing and due. The Comptroller General shall establish rules and regulations for
13 the uniform reimbursement, remittance and transfers of funds to the General Fund of the State required by law.
14 72.5. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health
15 and Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social
16 Services, Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of
17 Corrections, and Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year
18 to cover fourth quarter Federal Programs expenses incurred in the prior fiscal year necessitated by the time lag of federal
19 reimbursement.
20 72.6. (GP: Federal Funds, Donations, Deposited in State Treasury) All Federal Funds received shall be deposited in
21 the State Treasury, if not in conflict with Federal regulations, and withdrawn therefrom as needed, in the same manner as
22 that provided for the disbursement of state funds. If it shall be determined that federal funds are not available for, or cannot
23 be appropriately used in connection with, all or any part of any activity or program for which state funds are specifically
24 appropriated in this Act to match Federal funds, the appropriated funds may not be expended and shall be returned to the
25 General Fund, except upon specific written approval of the Budget and Control Board after review by the Joint
26 Appropriations Review Committee. Donations or contributions from sources other than the Federal Government, for use
27 by any state agency, shall be deposited in the State Treasury, but in special accounts, and shall be withdrawn from the
28 treasury as needed to fulfill the purposes and conditions of the said donations, or contributions, if specified, and, if not
29 specified, as may be directed by the proper authorities of the department. The expenditure of funds by agencies of the State
30 Government from sources other than General Fund appropriations shall be subject to the same limitations and provisions of
31 law applicable to the expenditure of appropriated funds with respect to salaries, wages or other compensation, travel expense,
32 and other allowance or benefits for employees.
33 72.7. (GP: Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may increase
34 an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty,
35 responsibility, or function is authorized by statutory law and set by regulation except as provided in this paragraph.
36 (B) This paragraph does not apply to:
37 (1) state-supported governmental health care facilities;
38 (2) state-supported schools, colleges, and universities;
39 (3) educational, entertainment, recreational, cultural, and training programs;
40 (4) the State Board of Financial Institutions;
41 (5) sales by state agencies of goods or tangible products produced for or by these agencies;
42 (6) charges by state agencies for room and board provided on state-owned property;
SECTION 72 - GENERAL AND TEMPORARY PAGE 560
1 (7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
2 (8) court fees or fines levied in a judicial or adjudicatory proceeding;
3 (9) the South Carolina Public Service Authority or the South Carolina Ports Authority.
4 (C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees
5 for services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees
6 for health care and laboratory services regardless of whether the fee is set by statute.
7 (D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State
8 Administrative Procedures Act.
9 72.8. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the Medical
10 University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University,
11 Francis Marion University, University of Charleston, Lander University and the Wil Lou Gray Opportunity School shall
12 remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the terms of Section
13 1 of this Act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation, and
14 registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions,
15 and may be requisitioned by said institutions, in the manner prescribed in Section 72.5 of this Act, and expended to fulfill
16 the purpose for which such fees or income were levied, but no part of such income shall be used for permanent improvements
17 without the express written approval of the State Budget and Control Board and the Joint Legislative Capital Bond Review
18 Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is necessary
19 to supply the service, or fulfill the purpose for which such fee or income was charged. Notwithstanding other provisions
20 of this act, funds at State Institutions of Higher Learning derived wholly from athletic or other student contests, from the
21 activities of student organizations, and from the operations of canteens and bookstores, and from approved Private Practice
22 plans may be retained at the institution and expended by the respective institutions only in accord with policies established
23 by the institution's Board of Trustees. Such funds shall be audited annually by the State but the provisions of this Act
24 concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply
25 to the use of these funds.
26 72.9. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within
27 programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such
28 transfer may exceed twenty percent of the program budget. Upon request, details of such transfers may be provided to
29 members of the General Assembly on an agency by agency basis. Transfers of appropriations from personal service accounts
30 to other operating accounts or from other operating accounts to personal service accounts may be restricted to any established
31 standard level set by the Budget and Control Board upon formal approval by a majority of the members of the Budget and
32 Control Board.
33 72.10. (GP: Bank Procedures - State Treasury A Bank) In any instances where Federal laws or regulations, relating to
34 funds allotted to State Government agencies, include requirements relating to banking procedures, the State Treasury shall
35 be deemed to meet the definition of a bank.
36 72.11. (GP: Federal Funds - DHEC, DSS, DHHS, Aging - Disallowances) Amounts appropriated to the Department
37 of Health and Environmental Control, Department of Social Services, Department of Health and Human Services, and
38 Division on Aging may be expended to cover program operations of prior fiscal years where adjustment of such prior years
39 are necessary under federal regulations or audit exceptions. All disallowances or notices of disallowances by any federal
40 agency of any costs claimed by these agencies shall be submitted to the State Auditor, the House Ways and Means Committee
41 and the Senate Finance Committee, within five days of receipt of such actions.
42 72.12. (GP: Family Foster Care Payments) The Department of Disabilities & Special Needs, Department of Social
SECTION 72 - GENERAL AND TEMPORARY PAGE 561
1 Services, and Department of Juvenile Justice shall furnish as Family Foster Care payments for individual foster children
2 under their sponsorship:
3 ages 0 - 5 $212 per month
4 ages 6 - 12 $239 per month
5 ages 13 + $305 per month
6 These specified amounts are for the basic needs of the foster children. Basic needs within this proviso are identified as food
7 (at home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of
8 Agriculture study of "Annual Cost of Raising a Child to Age Eighteen". Further, each agency shall identify and justify, as
9 another line item, all material and/or services, in excess of those basic needs listed above, which were a direct result of a
10 professional agency evaluation of clientele need. Legitimate medical care in excess of Medicaid reimbursement or such care
11 not recognized by Medicaid may be considered as special needs if approved by the sponsoring/responsible agency and shall
12 be reimbursed by the sponsoring agency in the same manner of reimbursing other special needs of foster children.
13 72.13. (GP: Fixed Student Fees) During the current fiscal year, student fees at the State institutions of higher learning
14 shall be fixed by the respective Boards of Trustees as follows:
15 (1) Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other
16 personal subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing
17 such facilities and services over their expected useful life except those operating or capital expenses related to the removal
18 of asbestos.
19 (2) Student Activity Fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary.
20 72.14. (GP: Tech Educ Colleges Student Activity Fees) Notwithstanding any other provisions of this Act, funds at
21 Technical Education Colleges derived wholly from the activities of student organizations and from the operations of canteens
22 and bookstores may be retained by the college and expended only in accord with policies established by the respective
23 college's Area Commission and approved by the State Board for Technical and Comprehensive Education.
24 72.15. (GP: Educational Fee Waivers) The institutions of higher education may offer educational fee waivers to no more
25 than two percent of the undergraduate student body.
26 72.16. (GP: Human Services Coordinating Council) The General Assembly finds that the operation of health and human
27 services may be enhanced by closer working relationships among agencies at the state and local level. The General Assembly
28 finds that coordination at both levels provides opportunities to serve the citizens of South Carolina better through (1)
29 continued expansion of services integration and (2) stronger communication among agencies delivering services.
30 In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of service
31 integration in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the Council.
32 The Council shall consist of:
33 (1) The chairperson of the boards of the following agencies: Division on Aging, Department of Alcohol and Other
34 Drug Abuse Services, Commission for the Blind, Division of Foster Care, Department of Education, Department of Health
35 and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Division of
36 Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities & Special Needs,
37 School for the Deaf and the Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad
38 Litem Program, Division of Continuum of Care, Educational Television, Wil Lou Gray Opportunity School, Department
39 of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and Development Authority.
40 These chairpersons shall receive the usual mileage, subsistence, and per diem provided by law for members of
41 committees, boards, and commissions. Mileage, subsistence, and per diem must be paid from the approved accounts of their
42 respective boards or commissions.
SECTION 72 - GENERAL AND TEMPORARY PAGE 562
1 (2) (1) The Director or Chief Executive Officer of each of the following: Division on Aging, Department of
2 Alcohol and Other Drug Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children,
3 Department of Education, Department of Health and Environmental Control, Department of Health and Human Services,
4 Department of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health,
5 Department of Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social Services, Department
6 of Vocational Rehabilitation, Guardian ad Litem Program, Division of Continuum of Care, Educational Television, Wil Lou
7 Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and the State Housing Finance
8 and Development Authority.
9 (3) (2) The Governor or his designee.
10 (4) (3) Other such members as the Council shall deem appropriate.
11 The Council shall:
12 (1) Select a Board Chairperson, Director or Chief Executive Officer on an annual basis to serve as the Council
13 Chairperson. The Council Chairperson shall be elected at the first quarterly meeting of the Council at the beginning of each
14 new state fiscal year. Nominees for this office must be members of the Council. The Chairperson of the Council can succeed
15 himself in that specific position no more than three times. In the event that this office becomes vacant, the Executive
16 Committee of the Council shall appoint a member of the Council to fill the unexpired term of the office.
17 (2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies.
18 The Council shall have as its goals:
19 (1) Identify and address priority health and human needs and promote the availability of responsive resources.
20 (2) Promote cost-effective, efficient approaches for the delivery of health and human services which include
21 prevention, education, reduction of dependency, promotion of self-sufficiency and delivery of services in the least restrictive,
22 most appropriate community-based and institutional settings.
23 (3) Provide coordination between the Council members and the Department of Health and Human Services Office
24 of the Governor in the development of the comprehensive State Health and Human Services Plan.
25 (4) In cooperation with the Department of Health and Human Services, coordinate and oversee efforts to integrate
26 services information among state agencies and between state and local agencies.
27 (5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and including:
28 (a) Developing standards for case management activities and coordinating with local entities on service
29 integration efforts, and
30 (b) Receiving requests for funding of projects designed to further integration of services, including review and
31 approval of such projects.
32 Member agencies and departments of the Council shall collect and provide client information, including Social Security
33 Number, for the Client Masterfile System, and for development and use of a uniform client application database for statistical
34 purposes and for improving human services delivery systems for South Carolinians. For purposes of this sub-section, the
35 State, rather than an individual agency, will be the owner of the data. All individual client information submitted by
36 participating agencies or departments will be regarded as confidential; the information collected may not be released, under
37 any circumstances, to entities or individuals outside the Client Masterfile System, State Data Oversight Council, or client
38 application database unless release is made of aggregate statistical information so that no individual client may be identified.
39 No data submitted may be released by the Client Masterfile System except in a format approved by the Council. For the
40 purposes of this sub-section only, all State laws, regulations, or any rule of any State agency, department, board, or
41 commission having the effect or force of law that prohibits or is inconsistent with any provision of this sub-section is hereby
42 declared inapplicable to this sub-section. Each member agency or department of the Council shall be required to take all
SECTION 72 - GENERAL AND TEMPORARY PAGE 563
1 steps reasonably necessary to effectuate the waiver of federal rules, regulations, or statutes or the elimination of other factors
2 that interfere with collection or use of data by the Client Masterfile System or client application database. Those steps shall
3 include but not be limited to, the seeking of federal legislation, the negotiation of agreements between the Council or State
4 and any federal agency or board, the application for the waiver of any federal rule, regulation or statute, and the seeking
5 of client's permission to share data. The Human Services Coordinating Council shall assume the duties and responsibilities
6 of the Aging Coordinating Council and the Long Term Care Council as specified in Sections 43-21-120 through 43-21-140.
7 The Council shall establish a long term care standing committee and include on the committee a representative of the long
8 term care industry, a representative of the insurance industry, and a representative of the general public.
9 72.17. (GP: Employer Contributions Cost of Agencies) It is the intent of the General Assembly that the amount so
10 provided to each agency or institution for employee benefits shall be sufficient to pay the employer contribution costs of that
11 agency. The Budget and Control Board is directed to devise a plan for the expenditure of the funds appropriated for
12 employer contributions and may require transfers of funds within an agency or institution if it becomes evident that the
13 employer contribution costs will exceed the funds available for that purpose.
14 72.18. (GP: Dual Employment) Any employee who is approved for dual employment must be paid in a timely manner.
15 The secondary agency is required to make payment of funds approved for and earned under dual employment within fortyfive
16 days of the beginning of the employment.
17 72.19. (GP: Payroll Schedule & Compensation Restrictions) Except as otherwise provided in this Act, all appropriations
18 for compensation of State Employees shall be paid in twice-monthly installments to the person holding such position. In
19 order to provide a regular and permanent schedule for payment of employees, it is hereby established that the payroll period
20 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
21 payroll period shall continue thereafter on a twice-monthly schedule as established by the Budget and Control Board. It is
22 the intent of the General Assembly that this schedule, thus established, will continue from one fiscal year to another without
23 interruption, on a twice monthly basis. The Budget and Control Board is authorized to approve any changes to this schedule
24 where circumstances are deemed justifiable.
25 The appropriated salaries for specified positions shall mean the maximum compensation for such position, except as
26 specifically provided in other provisions of this act, and in any case where the head of any department can secure the services
27 for a particular position or work at a lower rate than the salary specified in this Act, authority for so doing is hereby given.
28 No employee of any state department or institution shall be paid any compensation from any other department of the state
29 government except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, and no
30 employee of any department or institution shall be paid travel expenses by any other department or institution without
31 approval of the agency by which he is regularly employed. The Comptroller General shall report, after June thirtieth of each
32 year, to the House Ways and Means Committee and the Senate Finance Committee the names of all employees receiving
33 dual compensation and the amounts received.
34 The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to employees
35 hired for 120 days or less.
36 72.20. (GP: Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote
37 employees without discrimination because of race, color, sex, national origin, age, religion or physical disability. This policy
38 is to apply to all levels and phases of personnel within state government, including but not limited to recruiting, hiring,
39 compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational programs.
40 It is the policy of the State to take affirmative action to remove the disparate effects of past discrimination, if any, because
41 of race, color, sex, national origin, age, religion or physical disability.
42 Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and
SECTION 72 - GENERAL AND TEMPORARY PAGE 564
1 sex by October 31, of each year.
2 In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs
3 Commission shall submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General
4 Assembly by February 1 each year. This report shall contain the total number of persons employed in each job group, by
5 race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted from
6 within the agency during the reporting period, and an indication of whether affirmative action goals were achieved. For each
7 job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the percentage goals
8 established in the agency's affirmative action plan for the year in question, the State agency shall submit a detailed
9 explanation to the Human Affairs Commission by February 15, explaining why goals were not achieved.
10 The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency
11 not in satisfactory compliance with meeting its stated goals.
12 The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations
13 for the current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation
14 with the Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative
15 action plan, and that the compliance must be accomplished within a reasonable length of time to be determined by the mission
16 and circumstances of the agency. This requirement shall not affect additional appropriation requests for public assistance
17 payments or aid to entities. This section does not apply to those agencies that have been exempted from the reporting
18 requirements of the Human Affairs Commission.
19 72.21. (GP: RIF, Recall Procedures, Residency Preference) Notwithstanding any other provision of law, when a vacancy
20 occurs in a state agency, other than institutions of higher education, or when an agency acts to fill a new position, the agency
21 shall give preference to residents of this State, if the two are equally qualified for the vacancy or new position.
22 72.22. (GP: Temporary Grant Funded or Time Limited Funded Positions) Notwithstanding any other provision of law
23 or this Act, state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions specified
24 in federal grants, public charity grants, private foundation grants, research grants and positions with time limited funding
25 approved or authorized by the appropriate state authority in accordance with the following provisions:
26 A. Only those funds authorized within the approved federal grant, public charity grant, private foundation grant,
27 research grant, or time limited funds for a specified project can be used to pay the salaries and/or benefits of temporary
28 employees hired under this provision.
29 B. Temporary grant or time limited positions, employees, and the conditions of their employment shall be reported
30 in accordance with provisions developed by the Division of Budget and Analyses of the Budget and Control Board.
31 C. Positions established under this provision must be limited to and must not exist beyond the duration of the time
32 limited project or grant or any subsequent renewal of it. When the grant, time limited project or any subsequent renewal
33 ends, temporary grant or time limited project employees must be terminated and their positions will cease to exist.
34 Temporary grant or time limited project employees will be exempt from the provisions of Sections 8-17-310 through 8-17-380
35 of the 1976 Code, as amended. State agencies and institutions must terminate all temporary grant or time limited project
36 positions at any time funding is terminated or is insufficient to continue payments under the conditions of the grant or time
37 limited project.
38 D. Temporary grant or time limited project employees may be eligible for the same benefits, excluding permanent
39 or probationary employment status, available to permanent state employees provided that such funds are available within the
40 grant or time limited project.
41 E. Temporary grant or time limited project employees shall be deemed to be employed at will. The temporary
42 grant or time limited project employee shall not be entitled to any compensation beyond the date of termination, other than
SECTION 72 - GENERAL AND TEMPORARY PAGE 565
1 for such part of the grant or time limited project that has been performed.
2 F. Discretionary determinations by a state agency or institution as to whether to hire an employee pursuant to this
3 proviso are final and not subject to administrative or judicial appeal.
4 72.23. (GP: Personal Service Reconciliation, FTEs) The General Assembly expresses its continuing concern over the
5 control of the number of personnel employed by the State of South Carolina. This concern is evidenced in the 1980 Public
6 Employment Report of the United States Bureau of Census. It is further declared to be the intent of the General Assembly
7 to continue to take positive steps to reduce the number of personnel employed in the future, without unduly hampering the
8 legitimate functions of state government.
9 In order to obtain the necessary control over the number of employees, the Budget and Control Board is hereby directed
10 to maintain close supervision over the number of state employees, and to require specifically the following:
11 1. That no state agency exceed the total authorized number of full-time equivalent positions and those funded from
12 State sources as provided in each section of this Act except by majority vote of the Budget and Control Board. Specific
13 written confirmation of such majority approval shall be forwarded to the Joint Appropriations Review Committee in the event
14 that any agency is allowed to exceed the number of positions authorized in this Act.
15 2. That the Division of Budget and Analyses shall maintain and make, as necessary, periodic adjustments thereto,
16 an official record of the total number of authorized full-time equivalent positions by agency for State and Total funding
17 sources and shall provide a certified duplicate of such record to the Joint Appropriations Review Committee. The Division
18 of Budget and Analyses shall submit monthly reports to the Joint Appropriations Review Committee and such reports shall
19 include any changes in the authorized number of full-time equivalent positions, the number of filled and vacant positions and
20 any other data requested by the committees.
21 (a) That within thirty (30) days of the passage of the Appropriation Act or by August 1, whichever comes later,
22 each agency of the State must have established on the Budget and Control Board records all positions authorized in the Act.
23 After that date, the Board shall delete any non-established positions immediately from the official record of authorized full-
24 time equivalent positions. No positions shall be established by the Board in excess of the total number authorized in the
25 Board record of authorized full-time equivalent positions. Each agency may, upon notification to the Budget and Control
26 Board, change the funding source of State FTE positions established on the Budget and Control Board records as necessary
27 to expend federal and other sources of personal service funds in an effort to conserve or stay within the state appropriated
28 personal service funds. Each agency may, upon notification to the Budget and Control Board, transfer FTEs between
29 programs as needed to accomplish the agency mission. No agency shall change funding sources that will cause the agency
30 to exceed the authorized number of state or total full-time equivalent positions.
31 (b) By September 30, the Board shall prepare a personal service detail, by agency, which shows each position
32 established for the fiscal year and the amount of funds required, by source of funds, to support the position for the fiscal year
33 at a funding level of 100% and the Board shall then reconcile each agency's personal service detail with the agency's personal
34 service appropriation as contained in the Act adjusted for any pay increases, and any other factors necessary to reflect the
35 agency's personal service funding level. The Board shall provide a copy of each agency's personal service reconciliation
36 to the Senate Finance and House Ways and Means Committees.
37 (c) Any position which is shown by the reconciliation to be unfunded or significantly underfunded may be
38 deleted at the direction of the Budget and Control Board .
39 (d) Full-time equivalent (FTE) positions shall be determined under the following guidelines:
40 1. The annual work hours for each FTE shall be the agency's full-time standard annual work hours.
41 2. The State FTE shall be derived by multiplying the state percentage of budgeted funds for each position
42 by the FTE for that position.
SECTION 72 - GENERAL AND TEMPORARY PAGE 566
1 3. All institutions of higher education shall use a value of 0.75 FTE for each position determined to be
2 full-time faculty with a duration of nine (9) months.
3 The FTE method of accounting shall be utilized for all authorized positions.
4 3. That the number of positions authorized in this Act shall be reduced in the following circumstances:
5 (a) Upon request by an agency.
6 (b) When anticipated federal funds are not made available.
7 (c) When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess
8 of positions in any state agency.
9 4. The Budget and Control Board shall annually reconcile personal service funds with full-time employee count
10 to determine unfunded positions which will be eliminated no later than January 15 of the current fiscal year unless specifically
11 exempted elsewhere in this act or by the State Budget and Control Board. The State Budget and Control Board must report
12 the full-time employee count and unfunded position status to the Senate Finance Committee and the Ways and Means
13 Committee by February 1 of the current fiscal year.
14 5. That no new permanent positions in state government shall be funded by appropriations in acts supplemental
15 to this Act but temporary positions may be so funded.
16 6. The provisions of this section shall not apply to personnel exempt from the State Classification and
17 Compensation Plan under Item I of Section 8-11-260 of the 1976 Code.
18 The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the
19 level of personal service appropriation recommended for each agency is at least 97% of the funds required to meet 100%
20 of the funds needed for the full-time equivalents positions recommended by the Governor (exclusive of new positions).
21 72.24. (GP: Allowance for Residences & Compensation Restrictions) That salaries paid to officers and employees of
22 the State, including its several boards, commissions, and institutions shall be in full for all services rendered, and no
23 prerequisites of office or of employment shall be allowed in addition thereto, but such prerequisites, commodities, services
24 or other benefits shall be charged for at the prevailing local value and without the purpose or effect of increasing the
25 compensation of said officer or employee. The charge for these items may be payroll deducted at the discretion of the
26 Comptroller General or the chief financial officer at each agency maintaining its own payroll system. This shall not apply
27 to the Governor's Mansion, nor for department-owned housing used for recruitment and training of Mental Health
28 Professionals, nor to guards at any of the State's penal institutions and nurses and attendants at the Department of Mental
29 Health, and the Department of Disabilities & Special Needs, and registered nurses providing clinical care at the MUSC
30 Medical Center, nor to the Superintendent and staff of John de la Howe School, nor to the cottage parents and staff of Wil
31 Lou Gray Opportunity School, nor to full-time or part-time staff who work after regular working hours in the SLED
32 Communications Center or Maintenance Area, nor to the Directors of John G. Richards Campus, Willow Lane Campus, and
33 the Reception and Evaluation Center at the Department of Juvenile Justice nor to the Residence Dormitory Director and the
34 Assistant Residence Director at the Governor's School for Science and Mathematics. The Presidents of those State
35 institutions of higher learning authorized to provide on-campus residential facilities for students may be permitted to occupy
36 residences on the grounds of such institutions without charge.
37 Any state institution of higher learning may provide a housing allowance to the President in lieu of a residential facility,
38 the amount to be approved by the Budget and Control Board.
39 That the following may be permitted to occupy residences owned by the respective Departments without charge: the
40 Commissioner of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm
41 Managers, and Specialists employed at the Wateree River Correctional Institution, Walden Correctional Institution,
42 MacDougall Youth Correctional Center, and Givens Youth Correctional Center; the S. C. State Commission of Forestry fire
SECTION 72 - GENERAL AND TEMPORARY PAGE 567
1 tower operators, forestry aides, and caretaker at central headquarters; the Department of Natural Resources' Game
2 Management Personnel, Fish Hatchery Superintendents, Lake Superintendent, and Fort Johnson Superintendent; the
3 Department of Parks, Recreation and Tourism field personnel in the State Parks Division; the Agricultural Aide at the
4 Department of Juvenile Justice Farm; Director of Wil Lou Gray Opportunity School; President of the School for the Deaf
5 and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control
6 personnel at the State Park Health Facility and Camp Burnt Gin; Assistant Director of Residence Life and a student counselor
7 at Lander University; Clemson University's Head Football Coach; the Department of Disabilities & Special Needs' physicians
8 and other professionals at Whitten Center, Clemson University Off-Campus Agricultural Staff and Housing Area
9 Coordinators; and University of South Carolina's Manager of Bell Camp Facility, Housing Maintenance Night Supervisors,
10 Residence Life Directors, temporary and transition employees, and emergency medical personnel. Except in the case of
11 elected officials, the fair market rental value of any residence furnished to a State Employee shall be reported by the State
12 Agency furnishing the residence to the Agency Head Salary Commission by October 1, of each fiscal year.
13 All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan,
14 approved by the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not
15 specifically fixed in this act. Such plan shall include all employees regardless of the source of funds from which payment
16 for personal service is drawn. The Division of Budget and Analyses of the Budget and Control Board is authorized to
17 approve temporary salary adjustments for classified and unclassified employees who perform temporary duties which are
18 limited by time and/or funds. When approved, a temporary salary adjustment shall not be added to an employee's base salary
19 and shall end when the duties are completed and/or the funds expire. Academic personnel of the institutions of higher
20 learning and other individual or group of positions that cannot practically be covered by the plan may be excluded therefrom
21 but their compensations as approved by the Division of Budget and Analyses shall, nevertheless, be subject to review by the
22 Budget and Control Board. Salary appropriations for employees fixed in this Act shall be in full for all services rendered,
23 and no supplements from other sources shall be permitted or approved by the State Budget and Control Board. With the
24 exception of travel and subsistence, legislative study committees shall not compensate any person who is otherwise employed
25 as a full-time state employee. Salaries of the heads of all agencies of the State Government shall be specifically fixed in this
26 Act and no salary shall be paid any agency head whose salary is not so fixed. Commuter mileage on non-exempt state
27 vehicles shall be considered as income and reported by the Comptroller General in accordance with IRS regulations. As long
28 as there is no impact on appropriated funds, state agencies and institutions shall be allowed to spend public funds and/or other
29 funds for designated employee award programs which shall have written criteria approved by the agency governing board
30 or commission. For purposes of this section, monetary awards, if any, shall not be considered a part of an employee's base
31 salary, a salary supplement, or a prerequisite of employment. The names of all employees receiving monetary awards and
32 the amounts received shall be reported annually to the South Carolina Division of Budget and Analyses.
33 72.25. (GP: MUSC Hospital Services Rates) The Board of the Medical University of South Carolina shall provide
34 hospital services to state employees and officials of state government at a rate not to exceed the payment rates to hospitals
35 provided by the employee's insurance program(s). Private physician fees, psychiatry, and all dental are not included.
36 72.26. (GP: Universities & Colleges - Allowance for Presidents) Presidents of the University of South Carolina, Clemson
37 University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University,
38 Francis Marion University, University of Charleston, and Lander University must not be paid a fixed allowance for personal
39 expenses incurred in connection with the performance of their official duties. Reimbursements may be made to the Presidents
40 from funds available to their respective institutions for any personal expenses incurred provided that all requests for
41 reimbursement are supported by properly documented vouchers processed through the normal accounting procedures of the
42 institutions.
SECTION 72 - GENERAL AND TEMPORARY PAGE 568
1 72.27. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections,
2 Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs and School
3 for the Deaf and the Blind may replace the personal property of an employee which has been damaged or destroyed by a
4 client while in custody of the agency. The replacement of personal property may be made only if the loss has resulted from
5 actions by the employee deemed to be appropriate and in the line of duty by the agency head and if the damaged or destroyed
6 item is found by the agency head to be reasonable in value, and necessary for the employee to carry out the functions and
7 duties of his employment. Replacement of damaged or destroyed items shall not exceed $250 per item, per incident. Each
8 agency must have guidelines to insure the reasonableness of the replacement payments.
9 72.28. (GP: Law Enforcement Officer Retiree Weapon Purchase) All state employees, who are commissioned law
10 enforcement officers upon retirement, if vested, may purchase their assigned weapon at a reasonable fee.
11 72.29. (GP: Business Expense Reimbursement) Agency heads and Deputy Commissioners or Deputy Directors designated
12 by Agency heads may receive reimbursements for business expenses incurred while performing their official duties, provided
13 that receipts are presented when seeking reimbursement and justification is submitted to document the time, place, and
14 purpose of the expense as well as the names of the individuals involved. The Budget and Control Board shall promulgate
15 regulations governing these expenses.
16 72.30. (GP: Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of Thirty-
17 five ($35) Dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for service on
18 such boards, commissions or committees.
19 72.31. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of
20 the Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when
21 accompanying the Governor or the Lieutenant Governor on official state business.
22 72.32. (GP: Travel - Subsistence Expenses & Mileage) Travel and subsistence expenses, whether paid from State
23 appropriated, Federal, local or other funds, shall be allowed in accordance with the following provisions:
24 A. Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South
25 Carolina or any agency thereof including employees and members of the governing bodies of each technical education center
26 while traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual
27 expenses incurred for lodging. Agencies may contract with lodging facilities to pay on behalf of an employee. Failure to
28 maintain proper control of direct payments for lodging may result in the revocation of the agency's authority by the
29 Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual expenses incurred in the
30 obtaining of meals except that such costs shall not exceed ($20) per day within the State of South Carolina. For travel
31 outside of South Carolina the maximum daily reimbursement for meals shall not exceed ($32). Agencies may contract with
32 food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the
33 Budget and Control Board. It shall be the responsibility of the agency head to monitor the charges for lodging which might
34 be claimed by his employees in order to determine that such charges are reasonable, taking into consideration location,
35 purpose of travel or other extenuating circumstances. The provisions of this item shall not apply to Section 42-3-40 of the
36 1976 Code.
37 B. That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon
38 promotional business for the State of South Carolina shall be entitled to actual expenses for both food and lodging.
39 C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State
40 Treasurer, Adjutant General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual
41 expenses for subsistence.
42 D. Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly
SECTION 72 - GENERAL AND TEMPORARY PAGE 569
1 whose membership consists solely of members of the General Assembly or members of the General Assembly and other
2 personnel who are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while
3 traveling on official business. Members of such committees may opt to receive actual expenses incurred for lodging and
4 actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense.
5 E. Members of the State Boards, Commissions, or Committees whose duties are not full-time and who are paid
6 on a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in Paragraph A and
7 I of this Section while away from their places of residence on official business of the State. One person accompanying a
8 handicapped member of a State Board, Commission, or Committee on official business of the State shall be allowed the same
9 reimbursement for actual expenses incurred at the rates provided in Paragraph A through I of this Section.
10 F. No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of
11 Appeals while traveling in the county of his official residence. When traveling on official business of said court within 50
12 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be
13 allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other
14 employees of the State. When traveling on official business of said Court 50 or more miles outside the county of his official
15 residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided
16 in this Act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees
17 of the State. The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and
18 one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit
19 Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.
20 Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family
21 Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses
22 at the rate provided in paragraph A of this section.
23 G. No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law
24 Judge while holding court within the county in which he resides. While holding court or on other official business outside
25 the county, within fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge
26 is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business at a
27 location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is entitled to
28 a subsistence allowance in the amount as provided in this Act for members of the General Assembly.
29 H. Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme
30 Court to serve as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve
31 without pay but shall receive the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit
32 Court Judges.
33 I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the
34 agency by which he is employed except as provided in paragraph E, of this section. When an employee is assigned to work
35 a particular territory or district, and such territory or district and his official headquarters are in different localities or sections
36 of the State, expenses may be allowed for the necessary travel to his official headquarters. The members of the Workers'
37 Compensation Commission, Public Service Commission and the Employment Security Commission may be reimbursed at
38 the regular mileage rate of one round trip each week from their respective homes to Columbia. No subsistence
39 reimbursement shall be allowed to a member of the Workers' Compensation Commission, Public Service Commission or
40 the Employment Security Commission while traveling in the county of his official residence. When traveling on official
41 business of the Commission within 50 miles outside the county of his official residence, a member of the Workers'
42 Compensation Commission, Public Service Commission or the Employment Security Commission shall be allowed
SECTION 72 - GENERAL AND TEMPORARY PAGE 570
1 subsistence expenses in the amount of $35 per day. When traveling on official business of the Commission 50 or more miles
2 outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided
3 in this act for members of the General Assembly.
4 J. When an employee of the State shall use his or her personal automobile in traveling on necessary official
5 business, a charge of 25.5 cents per mile will be allowed for the use of such automobile and the employee shall bear the
6 expense of supplies and upkeep thereof. Whenever State provided motor pool vehicles are reasonably available and their
7 use is practical and an employee of the State shall request for his own benefit to use his or her personal vehicle in traveling
8 on necessary official business, a charge of 21.5 cents per mile will be allocated for the use of such vehicle and the employee
9 shall bear the expense of supplies and upkeep thereof. When such travel is by a State-owned automobile, the State shall bear
10 the expense of supplies and upkeep thereof but no mileage will be allowed. Agencies and employees are directed to use State
11 fueling facilities to the maximum extent possible, when such use is cost beneficial to the State. When using commercial
12 fueling facilities, operators of State-owned vehicles are directed to use self-service pumps. In traveling on the business of
13 the State, employees are required to use the most economical mode of transportation, due consideration being given to
14 urgency, schedules and like factors.
15 Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However, when
16 an employee leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, the
17 employee shall be eligible for reimbursement for actual mileage beginning at his/her residence.
18 K. That a State agency may advance travel and subsistence expense monies to employees of that agency for the
19 financing of ordinary and necessary travel required in the conducting of the business of the agency. The Budget and Control
20 Board is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses and no State
21 agency shall make such advances except under the rules and regulations as published. All advances for travel and subsistence
22 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,
23 whichever comes first.
24 L. That the State institutions of higher learning are authorized to reimburse reasonable relocation expenses for new
25 employees when such reimbursements are considered by the agency head to be essential to successful recruitment of
26 professionally competent staff members.
27 M. The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing
28 travel and subsistence payments.
29 N. No state funds may be used to purchase first class airline tickets.
30 72.33. (GP: Asbestos Litigation Funds) All funds involved in the settlement of asbestos litigation cases, with the
31 exception of those funds involving the University of South Carolina system and Clemson University, must be deposited into
32 an interest bearing account in the State Treasurer's Office entitled "Asbestos Expense Trust Account". The University of
33 South Carolina system and Clemson University must deposit all funds involved in the settlement of asbestos litigation into
34 separate institutional interest bearing accounts entitled "Asbestos Expense Trust Account", with each institution's name
35 appropriately captioned in their respective accounts, to be maintained in the State Treasurer's Office. These accounts shall
36 only be used for expenses relating to asbestos litigation, asbestos abatement, or other asbestos related expenses or projects.
37 Such projects must be approved by the Budget and Control Board after review by the Joint Bond Review Committee.
38 72.34. (GP: State Port Authority Funds - Rent) Any funds derived by the State Port Authority from the rental, lease or
39 sale of any of its facilities shall be expended for the benefit of the particular Port where such facilities are located.
40 72.35. (GP: Rental Charges, Collections State Offices) Subsection (a). The Budget and Control Board is hereby directed
41 to assess and collect a rental charge from all departments and agencies of the State Government occupying space in State-
42 controlled office buildings. The amount charged each department or agency shall be calculated on a square foot, or other
SECTION 72 - GENERAL AND TEMPORARY PAGE 571
1 equitable basis of measurement, and at such rates as will yield sufficient total annual revenue to cover, unless the Budget
2 and Control Board determines otherwise, in priority order, both (1) the annual principal and interest due on the Capital
3 Improvement Obligations authorized by Act No. 829 of the 1964 Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of
4 the 1971 Acts and Act No. 1377 of the 1968 Acts as amended for projects administered by the Division of General Services
5 and (2) maintenance and operation costs of State-controlled office buildings in the City of Columbia. The amount so
6 collected which is applicable to the payment of principal and interest due on obligations authorized by Act 1377 of the 1968
7 Acts as amended shall be paid into the State's General Fund to apply on debt service appropriations under the Section 119
8 of this Act.
9 Subsection (b). All departments and agencies against which rental charges are assessed and whose operations are financed
10 in whole or in part by Federal and/or other non-appropriated funds are directed to apportion the payment of such charges
11 equitably among all such funds, so that each shall bear its proportionate share. All appropriations in this Act applicable to
12 the rental of space in State-controlled buildings (exclusive of the Department of Transportation), shall be available only for
13 payment of that portion of rental charges applicable to State-appropriated operations.
14 Subsection (c). Rental collections shall be deposited by the Budget and Control Board in the State Treasury in a special
15 account and shall be expended only for (1) payment of principal and interest due on the obligations referred to in Subsection
16 (a) above and (2) maintenance and operations costs of the buildings referred to in Subsection (a) above.
17 72.36. (GP: Organizations Receiving State Appropriations Report) Each organization receiving a contribution in this
18 Act shall render to the state agency making the contribution by November 1 of the fiscal year in which funds are received,
19 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
20 the organization's most recent operating financial statement. The funds appropriated in this Act for contributions shall not
21 be expended until the required financial statements are filed with the appropriate state agency. No funds in this Act shall
22 be disbursed to organizations or purposes which practice discrimination against persons by virtue of race, creed, color or
23 national origin. The State Auditor shall review and audit, if necessary, the financial structure and activities of each
24 organization receiving contributions in this Act and make a report to the General Assembly of such review and/or audit, when
25 requested to do so by the Budget and Control Board.
26 72.37. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board, through the
27 Information Technology Planning Process of the Division of Budget and Analyses, is authorized and directed to identify all
28 expenditures and requested increases for information technology for Agencies, Institutions or Departments, with the exception
29 of colleges, and universities and technical institutions, compile the request requests into one report, evaluate and
30 place
31 priorities on each request, and recommend funding levels the requests and forward the evaluation to the Governor, the
32 Chairman of Senate Finance Committee and the Chairman of the House Ways & Means Committee. No agency shall commit
33 to expend more funds for information technology than allocated to the agency for the purpose without first receiving an
34 approved transfer of such funds from other budget items.
35 72.38. (GP: Lump-Sum Agencies Expenditure Report) Beginning with Fiscal Year 1993-94, all lump-sum agencies shall
36 prepare, annually, a year-end expenditure report that reflects total expenditures by source of funds, program, sub-program,
37 personnel by minor object code, and all other expenditures by major object codes as defined by the Comptroller General's
38 Office. This report shall be submitted to the Division of Budget and Analyses of the Budget and Control Board no later than
39 75 days following the close of each fiscal year.
40 72.39. (GP: Printing Costs Disclosure on State Publications) All agencies using appropriated funds shall print on the
41 last page of all bound publications the following information:
42 (1) Total Printing Cost
43 (2) Total Number of Documents Printed
SECTION 72 - GENERAL AND TEMPORARY PAGE 572
1 (3) Cost Per Unit
2 The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing and Information Technology
3 Resource, the Presidents of each institution of higher education, and the State Board for Technical and Comprehensive
4 Education may exempt from this requirement, documents published by their respective agencies. Agency publications which
5 are produced for resale are also exempt from this requirement. Publications of public relations nature, produced by Parks,
6 Recreation and Tourism, and the Division of State Development are exempt from this requirement.
7 72.40. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90,
8 a retired member of the System may return to employment covered by the System and earn up to twelve thousand five
9 hundred thirteen thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the
10 System. If the retired member continues in service after having earned twelve thousand five hundred thirteen thousand
11 dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the
12 fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590
13 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily
14 because of age pursuant to Section 9-1-1530.
15 72.41. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System
16 may return to employment covered by the System and earn up to twelve thousand five hundred thirteen thousand dollars a
17 fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member
18 continues in service after having earned twelve thousand five hundred thirteen thousand dollars in a fiscal year, his retirement
19 allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues
20 for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not
21 apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.
22 72.42. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft shall
23 maintain a continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated
24 by agencies of the State Government shall be used only for official business. The Division of Aeronautics and other agencies
25 owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General
26 Assembly, members of state boards, commissions, and agencies and their invitees for official business only; no member of
27 the General Assembly, no member of a state board, commission or committee, and no state official shall use any aircraft
28 of the Division of Aeronautics unless the member or official files within forty-eight hours after the time of departure of the
29 flight with the Division of Aeronautics a sworn statement certifying and describing the official nature of his trip; and no
30 member of the General Assembly, no member of a state board, commission or committee, and no state official shall be
31 furnished air transportation by a state agency other than the Division of Aeronautics unless such agency prepares and
32 maintains in its files a sworn statement from an appropriate official of the agency certifying that the member's or state
33 official's trip was in conjunction with the official business of the agency. Official business shall not include routine
34 transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized.
35 All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent
36 record of any agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an
37 appropriate official of SLED or the Division of State Development whose confidentiality must, in the opinion of SLED or
38 the Division, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Division of State
39 Development (strike one)" and the appropriate official of SLED or the Division shall certify to the agency operating the
40 aircraft the necessity for such confidentiality.
41 Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976
42 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall
SECTION 72 - GENERAL AND TEMPORARY PAGE 573
1 subject a violating member of a state board, commission or committee, or a state official to the applicable ethics procedure
2 relating to them as provided by law. The above provisions do not apply to aircraft of the Division of Aeronautics when used
3 by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any
4 state-supported institution of higher education.
5 Aircraft owned by agencies of state government shall not be leased to individuals for their personal use.
6 72.43. (GP: State Primary Prevention Strategy) The Human Services Coordinating Council is designated as the entity
7 responsible for developing and coordinating the implementation of a plan for a State Primary Prevention Strategy. Primary
8 prevention is defined as programs which seek to prevent the onset of disease, disability or high risk behaviors through the
9 enhancement of individual and community protective factors and the reduction of risk factors. The plan must be submitted
10 to the Governor, Chairman of Ways and Means and Chairman of Senate Finance for approval. Upon their approval,
11 participating agencies are authorized to utilize those funds identified as the State Primary Prevention Strategy in Section 30.
12 The project plan must provide: 1) A primary prevention mission statement; 2) Project objectives; 3) Current and proposed
13 service efforts and accomplishment indicators (input, output, outcomes and efficiency); 4) A description of the anticipated
14 benefits and costs; and 5) An independent evaluator component.
15 72.44. (GP: Carry Forward) Each agency shall be authorized to carry forward unspent general fund appropriations from
16 the prior fiscal year into the current fiscal year, up to a maximum of 10% of its original general fund appropriations less
17 any appropriation reductions for the current fiscal year. Agencies shall not withhold services in order to carry forward
18 general funds.
19 This provision is suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso,
20 the amount of the general fund surplus/deficit shall be considered after all appropriations from the Capital Reserve Fund have
21 been allowed and before any transfers from the General Reserve. The amount of general funds needed to avoid a year-end
22 deficit shall be reduced proportionately from each agency's carry forward amount.
23 Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such
24 separate authority from their base for purposes of calculating the 10% carry forward authorized herein. Any funds that are
25 carried forward as a result of this provision are not considered part of the base of appropriations for any succeeding years.
26 Notwithstanding any other provisions of law, state agencies and institutions shall be allowed to spend carry forward monies
27 from the previous fiscal year to provide selected employees a one-time lump sum bonus not to exceed $1,000, based on
28 objective guidelines established by the Budget and Control Board. This payment is not a part of the employee's base salary
29 and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems.
30 72.45. (GP: Publication List for General Assembly) With the exception of the Governor's Executive Budget and related
31 documents, telephone directories, training manuals, code manuals or other such reference materials, and notwithstanding any
32 other requirement, mandate, or provision of this act to the contrary, no agency, department, or entity of state government
33 shall provide the General Assembly with a hard copy of any publications whether or not such publications, reports or other
34 documents are required to be furnished to the General Assembly by law. Any such transmission shall be made by electronic
35 medium in such format and form and in accordance with such technical standards as may be established by the Office of
36 Legislative Printing and Information Technology Resources (LPITR). LPITR shall make any such information transmitted
37 available through its network except for those documents or portions of documents it deems necessary or more efficient for
38 an agency to produce in hard copy form. Any report governed by the requirements of this proviso may be published in hard
39 copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate. With the exception of
40 the Governor's Executive Budget and related documents and telephone directories, and notwithstanding any other
41 requirement, mandate, or provision of this act to the contrary, no agency, department, or entity of state government shall
42 provide the General Assembly with hard copies of a publication whether or not the publication, report, or other document
SECTION 72 - GENERAL AND TEMPORARY PAGE 574
1 is required to be furnished to the General Assembly by law, and a publication only may be provided to a member of the
2 General Assembly if the member requests the publication. Nothing herein prevents the agency or department from
3 transmitting such publications to the Office of Legislative Printing and Information Technology Resources (LPITR) by
4 electronic medium in such format and form and in accordance with such technical standards as may be established by LPITR.
5 LPITR may make any such information transmitted available through its network. Any report governed by the requirements
6 of this proviso may be published in hard copy form if authorized by the Speaker of the House and the President Pro Tempore
7 of the Senate.
8 72.46. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying laws,
9 regulations and provisos which are not being used or no longer need to be regulated. After identifying these laws, repeals
10 are to be drafted for submission to the General Assembly.
11 72.47. (GP: Written Notice of Fee Changes) All state administrative or executive agencies which have the authority to
12 impose charges, fines, fees, levies, or penalties, of any nature, pursuant to statutory or regulatory authorization, shall give
13 written notice if requested to any person affected by or subject to the assessment prior to collection. The notice required
14 pursuant to this section shall include an appropriate citation to the relevant statutory or regulatory provision which authorizes
15 the imposition of the assessment. No assessment made by a state administrative or executive agency against an affected
16 person shall be valid, absent express statutory or regulatory authorization.
17 72.48. (GP: TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the General Assembly that the State
18 Medicaid Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility
19 Act (TEFRA) option. State agencies, including but not limited to, the Office of the Governor - the Continuum of Care, the
20 Department of Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and
21 Special Needs, and the Department of Health and Human Services shall collectively review and identify existing state
22 appropriations within their respective budgets that can be used as state match to serve these children. Such funds shall be
23 used effective January 1, 1995 to implement TEFRA option benefits.
24 72.49. (GP: HUGO Reimbursement) Notwithstanding Section 11-9-125, any state agency, college, or university which
25 has a grant agreement with and has received prior disaster reimbursements for losses incurred during Hurricane Hugo from
26 the Office of State Public Assistance and where said state agency, college or university may not have received full
27 reimbursement for eligible program management costs associated with disaster recovery activities incurred during Hurricane
28 Hugo may seek further reimbursement for eligible program management costs related to Hurricane Hugo and is authorized
29 to retain these funds for use within the agency's operating budget.
30 72.50. (GP: Frequent Flyer Premiums) State agencies and employees shall select air carriers based on cost and time
31 criteria, not on whether frequent flyer premiums are given. State agencies should ensure that employees earning frequent
32 flyer premiums while traveling on State business use them to reduce the cost of subsequent business travel whenever possible.
33 72.51. (GP: Prison Industries) All agencies funded in this Act, when procuring goods and services, shall first consider
34 contracting for services or purchasing goods and services through the Department of Corrections' Prison Industries Program.
35 The Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by
36 Prison Industries. The Department is hereby directed to develop and market a catalogue of Prison Industries products for
37 nationwide circulation.
38 72.52. (GP: Out-Of-State Travel Report) Annually on October 1, the Comptroller General shall issue a report on out-of-
39 state travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways
40 and Means Committee and the Statehouse Press Room. The Comptroller General may use up to $500 of general fund
41 appropriations for the purpose of providing copies to the media or the public upon request. The report must contain a listing
42 for every agency receiving an appropriation in the annual General Appropriations Act. The listing must show at a minimum
SECTION 72 - GENERAL AND TEMPORARY PAGE 575
1 the top ten percent of employees for whom out-of-state travel expenses and registration fees were paid within each agency,
2 not to exceed one hundred twenty-five employees per agency. Agencies should include position titles for each of the top
3 twenty-five travelers for each agency. Expenditures must include state, federal and other sources of funds. The list for each
4 agency must be in rank order with the largest expenditure first and the name of the employee must be shown with each
5 amount. Agencies should include a brief summary of the type of out-of-state travel the agency incurs. The Comptroller
6 General may provide additional information as deemed appropriate. The Comptroller General shall provide no exceptions
7 to this report in that the information contained is not considered confidential or restricted for economic development
8 purposes. However, further disclosure of detailed information shall be restricted as provided for by law.
9 72.53. (GP: PSC Transfer to DOR - 9 FTE) The nine positions now at the Public Service Commission whose duties
10 include enforcement of Article 3, Chapter 23 of Title 58 of the 1976 Code which have been transferred to the Department
11 of Revenue and Taxation, including the personnel providing supervision and administrative support, shall be transferred to
12 that department at their current salary. All positions transferred to the Department of Revenue and Taxation shall be funded
13 from the motor carrier registration fees collected by the Department of Revenue and Taxation that previously were collected
14 by the Public Service Commission.
15 72.54. (GP: PSC Transfer to DOR - 5 FTE) The five positions now performing duties which include enforcing the
16 provisions of Article 5, Chapter 23, Title 58 of the 1976 Code at the Public Service Commission shall be transferred to the
17 Department of Revenue and Taxation at their current salary. All positions transferred to the Department of Revenue and
18 Taxation shall be funded from the motor carrier registration fees collected by the Department of Revenue and Taxation that
19 previously were collected by the Public Service Commission.
20 72.55. (GP: PSC Transfer to DPS - 18 FTE) The eighteen positions at the Public Service Commission presently
21 performing enforcement of the commercial motor vehicle carrier laws shall be transferred to the Department of Public Safety
22 or another state law enforcement agency if directed by the Budget and Control Board at their current salary and funded from
23 the motor carrier registration fees collected by the Department of Revenue and Taxation that previously were collected by
24 the Public Service Commission.
25 72.56. (GP: RIF Due to Elimination of Vehicle Inspection Program) Employees affected by the reduction in force at
26 the Department of Public Safety due to the elimination of the Vehicle Inspection Program must be afforded, if qualified, first
27 preference for all vacant positions that are offered to be filled, as of July 1, 1995, to July 1, 1996, by the Department of
28 Revenue, Department of Transportation, Department of Public Safety, and Department of Natural Resources. It shall be the
29 responsibility of the Department of Public Safety to make every effort to find appropriate placement throughout state
30 government for the affected employees. No hiring freeze adopted in this Act shall override this proviso.
31 72.57. (GP: Educational Assistance Endowment Fund) Notwithstanding provisions contained within this act, for this
32 fiscal year only, the revenue credited to the Educational Assistance Endowment Fund pursuant to Section 48-47-175(C) shall
33 be used as follows: $7,000,000 for University of Charleston -- Acquisition of Adjoining Property, $4,000,000 for Greenville
34 Higher Education Consortium, $5,400,000 for Archives and History -- History Center, $600,000 for the School for the Deaf
35 and Blind -- Maintenance and Equipment, and $185,000 for Wil Lou Gray Opportunity School -- Building Maintenance with
36 the remaining funds to be distributed on a seventy percent-thirty percent basis to Public School Facilities Assistance and
37 Higher Educational Scholarship Grants, respectively; however no less than $39,400,000 shall go to Scholarship Grants.
38 72.58. (GP: Transfer of Functions) All matters relating to the enforcement and administration of the provisions of
39 Chapters 1, 3, 5, 10 and 27 of Title 56 of the 1976 Code are transferred from the Department of Revenue and Taxation to
40 the Department of Public Safety.
41 72.59. (GP: School Technology Initiative) From the funds appropriated/authorized to the Budget and Control Board's
42 Office of Information Resources for school technology, the Board shall, in consultation with the State Department of
SECTION 72 - GENERAL AND TEMPORARY PAGE 576
1 Education and South Carolina Educational Television, begin the development of a statewide educational technology initiative.
2 This initiative is intended to provide technology connectivity for K-12 public schools throughout the State and should, to the
3 maximum extent possible, involve public-private sector collaborative efforts. The Budget and Control Board shall retain and
4 carry forward funds to be used for the same purpose.
5 72.60. (GP: Disabled & Mentally Ill Employment Task Force) A task force shall be established to develop a plan to
6 maximize the employment of persons with severe disabilities and persons diagnosed with mental illness and to maximize the
7 use of current resources to support this effort. Task force members shall include the Director of Vocational Rehabilitation,
8 the Director of the Department of Mental Health and the Director of the Department of Disabilities and Special Needs or
9 their designees; a county-level director from Vocational Rehabilitation, the Department of Mental Health and the Department
10 of Disabilities and Special Needs from rural counties or their designees; a county-level director from Vocational
11 Rehabilitation, the Department of Mental Health and the Department of Disabilities and Special Needs from an urban county
12 or their designees; and ten consumers/family members to represent and to be divided equally among the areas of mental
13 retardation, autism, head injuries, spinal cord injuries and mental illness. This task force shall be established no later than
14 July 15, 1996. The task force shall review what our state and other states provide in the area of vocational services to these
15 populations to identify ways our system can improve in serving these population's employment needs. A report will be
16 presented with specific recommendations for improvement to the House Ways and Means Committee, the Senate Finance
17 Committee, and the Governor's Office by January 15, 1997.
18 72.61. (GP: Common Intake & Assessment Task Force) A common intake and assessment procedure and a plan for its
19 use shall be developed by a task force to include a representative from each agency that provides services to children with
20 disabilities and their families. The agencies shall include the directors of the Department of Education, the Department of
21 Disabilities and Special Needs, the Department of Health & Environmental Control, the Department of Mental Health and
22 the Department of Social Services or their designees. The task force shall also include five advocates/consumers/family
23 members who have children using services from these agencies. A report shall be submitted to the House Ways and Means
24 Committee, the Senate Finance Committee and the Governor's Office by January 15, 1997. This task force shall continue
25 and report annually for three years on the implementation, quality and success of this plan.
26 72.62. (GP: USC Blind & Visually Impaired Program) DELETED
27 72.63. (GP: Immunization System) The Department of Health & Environmental Control, in conjunction with the
28 Department of Health & Human Services, shall use the funds appropriated for the immunization program to enhance the
29 vaccination delivery system, emphasizing public/private partnerships in the funding and delivery systems, increase community
30 participation, education and partnerships. The strategic objective of this system shall be to eliminate vaccine-preventable
31 diseases in South Carolina. These agencies will monitor the quality and effectiveness of this system through the development
32 of an accessible statewide immunization information system and shall report annually by January 15th to the Governor, the
33 House Ways and Means Committee and the Senate Finance Committee. However, if adequate federal funds are made
34 available, any excess funds must be remitted to the General Fund.
35 72.64. (GP: (Long Term Care System) The Department of Health and Human Services and the Department of Health
36 and Environmental Control shall, in coordination with other appropriate agencies and organizations, develop a system of
37 services which provides a continuum of long term care services for elderly individuals and their families. The system shall
38 integrate available funding streams, design a common intake system, incorporate recipient directed care and voucher options
39 to the extent possible, expand the current continuum to better address all levels of care needed and develop an
40 eligibility/access system. The agencies will identify any changes necessary in the certificate of need rules which will better
41 support this system by lowering cost and increasing access. The system shall include a process to routinely assess the system
42 of care focusing on quality, access, outcomes and efficiency. The agencies shall report annually to the Governor, to the
SECTION 72 - GENERAL AND TEMPORARY PAGE 577
1 House Ways and Means Committee and to the Senate Finance Committee no later than January 15th on this system.
2 72.65. (GP: Highway Safety & Criminal Justice Grants) DELETED
3 72.66. (GP: Secretary of State Employee Rights) Where the provisions of this Act transfer the Office of the Secretary
4 of State or any particular entities, sections, division or portions thereof, to another state agency, department or division, the
5 related employees of the Office of the Secretary of State are also transferred to and become part of the receiving agency,
6 department or division unless otherwise specifically provided. All classified and unclassified personnel employed by the Office
7 of the Secretary of State on the effective date of this Act shall become employees of the receiving agency, department or
8 division, and retain the same compensation, and grade level, as applicable, unless otherwise specifically provided.
9 Employees transferred under this provision will not experience a break in service and, if at the time of transfer, they are
10 covered by the provisions of the State Employee Grievance Procedure Act of 1982, they continue to be covered by the
11 provisions of that Act. This provision applies only to those employees who have at least a "meets" performance requirements
12 rating in their position with the Office of the Secretary of State prior to the effective date of this Act.
13 72.67. (GP: Public Relations Contract Services) All state agencies or other entities existing by state law that receive an
14 annual appropriation are required to file a report with the State Ethics Commission listing all contracts for public relations,
15 communications, and legislative strategy services. This report shall include the terms, conditions, and amounts expended
16 for these purposes and shall be submitted by June 30, 1997.
17 72.68. (GP: Establish Positions for DPS New Trooper Class) The Budget and Control Board, based on funds
18 appropriated in Part IA of this Act for the Department of Public Safety, is directed to establish 35 FTEs for a new trooper
19 class.
20 72.69. (GP: State Operated Day Care Facilities Fees) Any state agency receiving funding in this Act and any higher
21 education institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an early
22 childhood development center or day care facility shall charge, at a minimum, fees that are comparable to those charged
23 by private day care facilities in the local community. The institution or agency shall not restrict enrollment in the center
24 solely to the children of faculty, staff, and students of the institution; nor shall fees be set at a lower level for faculty, staff,
25 or students of the institution or agency.
26 72.70. (GP: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the Department
27 of Social Services not duplicate services available at the Employment Security Commission and other state agencies. All state
28 agencies are directed to cooperate with DSS as it implements the Family Independence Act of 1995. Monies appropriated
29 for the purpose of implementing the Family Independence Act of 1995 and used to hire persons or procure services for
30 employment training purposes shall be reported to the Governor to ensure duplication of services does not occur.
31 72.71. (GP: Study Effectiveness of AFDC Recipients Day Care) DELETED
32 72.72. (GP: BCB-Division of Operations: School District Private Contracting Solicitation) By December 1, 1996, the
33 Division of Operations of the Budget and Control Board, in consultation with the Department of Education, will conduct a
34 feasibility study as to the most efficient means of providing school transportation services. The Department of Education shall
35 not proceed with solicitations for proposals without prior approval by the General Assembly.
36 72.73. (GP: SDE Agriculture Education Transfer to Clemson PSA) The Budget and Control Board, in conjunction with
37 the Department of Education, shall transfer all funds, regardless of source, and positions both directly and indirectly
38 associated with Agricultural Education at the Department of Education to Clemson-PSA no later than July 15, 1996. The
39 Department of Education shall submit a report reflecting the positions, funds and method for determining the amount and
40 number of positions to be transferred to the Chairman of the Senate Education Committee and the Chairman of the House
41 Education and Public Works Committee by July 10, 1996. Notwithstanding any other provisions of law, funds and positions
42 transferred to Clemson-PSA from the Department of Education for Agricultural Education shall be used for personnel
SECTION 72 - GENERAL AND TEMPORARY PAGE 578
1 positions and related office and travel expenses to provide overall leadership, coordination, and structure for agricultural
2 education programs, EFA activities and SC Association of Young Farmers activities in the public schools of South Carolina.
3
4
5 SECTION 73
6
7 73.1. (Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part I of this Act
8 as ordinary expenses of the State Government shall lapse on July 31, 1996. 1997. State agencies are required to submit all
9 current fiscal year input documents to the Comptroller General's Office by July 19, 1996. July 18, 1997. Appropriations
10 for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which
11 such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget
12 and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the
13 appropriations were provided. Appropriations for other specific purposes aside from ordinary operating expenses, now
14 outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided,
15 unless definite commitments shall have been made, with the approval of the State Budget and Control Board, toward the
16 accomplishment of the purposes for which the appropriations were provided.
17
18 END OF PART I
INDEX BY AGENCY AND SECTION NUMBER
AGY SECTION AGENCY NAME PAGE
SECTION 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
SECTION 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
SECTION 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
SECTION 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
A99 SECTION 3 LEGISLATIVE DEPARTMENT . . . . . . . . . . . . . . . . . 467
B04 SECTION 4A JUDICIAL DEPARTMENT . . . . . . . . . . . . . . . . . . . 473
C05 SECTION 5 ADMINISTRATIVE LAW JUDGE DIVISION . . . . . . . . . . . 474
D21 SECTION 6DD THE GOVERNOR . . . . . . . . . . . . . . . . . . . . . . 474
E08 SECTION 8 SECRETARY OF STATE'S OFFICE . . . . . . . . . . . . . . . 478
E12 SECTION 9 COMPTROLLER GENERAL'S OFFICE . . . . . . . . . . . . . . 478
E16 SECTION 10 STATE TREASURER'S OFFICE . . . . . . . . . . . . . . . . 479
E20 SECTION 11 ATTORNEY GENERAL'S OFFICE . . . . . . . . . . . . . . . . 479
E21 SECTION 12 PROSECUTION COORDINATION COMMISSION . . . . . . . . . . . 481
E23 SECTION 14 COMMISSION ON INDIGENT DEFENSE . . . . . . . . . . . . . 481
E24 SECTION 15 ADJUTANT GENERAL'S OFFICE . . . . . . . . . . . . . . . . 484
E28 SECTION 16 ELECTION COMMISSION . . . . . . . . . . . . . . . . . . . 485
F05 SECTION 17A B&C BOARD, DIV. OF THE EXECUTIVE DIRECTOR . . . . . . . . 486
F07 SECTION 17B B&C BOARD, DIVISION OF OPERATIONS . . . . . . . . . . . . 487
F09 SECTION 17C B&C BOARD, DIVISION OF BUDGET AND ANALYSES . . . . . . . 489
F27 SECTION 17D B&C BOARD, STATE AUDITOR'S OFFICE . . . . . . . . . . . . 493
F29 SECTION 17E B&C BOARD, RETIREMENT DIVISION . . . . . . . . . . . . . 494
F30 SECTION 17F B&C BOARD, EMPLOYEE BENEFITS . . . . . . . . . . . . . . 495
F31 SECTION 17G B&C BOARD, CAPITAL RESERVE FUND . . . . . . . . . . . . . 496
H03 SECTION 18A COMMISSION ON HIGHER EDUCATION . . . . . . . . . . . . . 496
H06 SECTION 18B HIGHER EDUCATION TUITION GRANTS . . . . . . . . . . . . . 501
H09 SECTION 18C THE CITADEL . . . . . . . . . . . . . . . . . . . . . . . 501
H45 SECTION 18K UNIVERSITY OF SOUTH CAROLINA . . . . . . . . . . . . . . 501
H54 SECTION 18M MEDICAL UNIVERSITY OF S.C. . . . . . . . . . . . . . . . 502
H59 SECTION 18N TECHNICAL & COMPREHENSIVE EDUCATION . . . . . . . . . . . 503
H63 SECTION 19 DEPARTMENT OF EDUCATION . . . . . . . . . . . . . . . . . 503
H63 SECTION 19A DEPARTMENT OF EDUCATION, EIA . . . . . . . . . . . . . . 509
H67 SECTION 20 EDUCATIONAL TELEVISION COMMISSION . . . . . . . . . . . . 516
H71 SECTION 21 WIL LOU GRAY OPPORTUNITY SCHOOL . . . . . . . . . . . . . 517
H73 SECTION 22 VOCATIONAL REHABILITATION . . . . . . . . . . . . . . . . 517
H75 SECTION 23 SCHOOL FOR THE DEAF AND THE BLIND . . . . . . . . . . . . 518
H79 SECTION 24 DEPARTMENT OF ARCHIVES & HISTORY . . . . . . . . . . . . 519
H83 SECTION 25 CONFEDERATE RELIC ROOM & MUSEUM . . . . . . . . . . . . . 521
H87 SECTION 26 STATE LIBRARY . . . . . . . . . . . . . . . . . . . . . . 521
H91 SECTION 27 ARTS COMMISSION . . . . . . . . . . . . . . . . . . . . . 522
H95 SECTION 28 STATE MUSEUM COMMISSION . . . . . . . . . . . . . . . . . 522
J02 SECTION 29 DEPARTMENT OF HEALTH & HUMAN SERVICES . . . . . . . . . . 523
INDEX BY AGENCY AND SECTION NUMBER
AGY SECTION AGENCY NAME PAGE
J04 SECTION 30 DEPT. OF HEALTH & ENVIRONMENTAL CONTROL . . . . . . . . . 525
J12 SECTION 31 DEPARTMENT OF MENTAL HEALTH . . . . . . . . . . . . . . . 533
J16 SECTION 32 DEPT. OF DISABILITIES AND SPECIAL NEEDS . . . . . . . . . 535
J20 SECTION 33 DEPT. OF ALCOHOL & OTHER DRUG ABUSE SERVICE . . . . . . . 535
K05 SECTION 34 DEPARTMENT OF PUBLIC SAFETY . . . . . . . . . . . . . . . 536
L04 SECTION 35 DEPARTMENT OF SOCIAL SERVICES . . . . . . . . . . . . . . 537
L12 SECTION 36 JOHN DE LA HOWE SCHOOL . . . . . . . . . . . . . . . . . 540
L24 SECTION 37 COMMISSION FOR THE BLIND . . . . . . . . . . . . . . . . 540
L32 SECTION 38 HOUSING, FINANCE & DEVELOPMENT AUTHORITY . . . . . . . . 541
L36 SECTION 39 HUMAN AFFAIRS COMMISSION . . . . . . . . . . . . . . . . 541
L46 SECTION 40 COMMISSION ON MINORITY AFFAIRS . . . . . . . . . . . . . 541
N04 SECTION 41 DEPARTMENT OF CORRECTIONS . . . . . . . . . . . . . . . . 541
N08 SECTION 42 DEPARTMENT OF PROBATION, PAROLE & PARDON . . . . . . . . 543
N12 SECTION 43 DEPARTMENT OF JUVENILE JUSTICE . . . . . . . . . . . . . 544
P12 SECTION 44 FORESTRY COMMISSION . . . . . . . . . . . . . . . . . . . 545
P16 SECTION 45 DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . . 545
P20 SECTION 46 CLEMSON UNIVERSITY - PSA . . . . . . . . . . . . . . . . 546
P24 SECTION 47 DEPARTMENT OF NATURAL RESOURCES . . . . . . . . . . . . . 546
P26 SECTION 48 SEA GRANT CONSORTIUM . . . . . . . . . . . . . . . . . . 547
P28 SECTION 49 DEPARTMENT OF PARKS, RECREATION & TOURISM . . . . . . . . 548
P32 SECTION 50 DEPARTMENT OF COMMERCE . . . . . . . . . . . . . . . . . 548
R04 SECTION 54 PUBLIC SERVICE COMMISSION . . . . . . . . . . . . . . . . 550
R08 SECTION 55 WORKERS' COMPENSATION COMMISSION . . . . . . . . . . . . 551
R12 SECTION 56 STATE ACCIDENT FUND . . . . . . . . . . . . . . . . . . . 551
R20 SECTION 59 DEPARTMENT OF INSURANCE . . . . . . . . . . . . . . . . . 552
R23 SECTION 60 STATE BOARD OF FINANCIAL INSTITUTIONS . . . . . . . . . . 552
R28 SECTION 61 DEPARTMENT OF CONSUMER AFFAIRS . . . . . . . . . . . . . 552
R36 SECTION 62 DEPT. OF LABOR, LICENSING & REGULATIONS . . . . . . . . . 553
R44 SECTION 63 DEPARTMENT OF REVENUE AND TAXATION . . . . . . . . . . . 553
R60 SECTION 65 EMPLOYMENT SECURITY COMMISSION . . . . . . . . . . . . . 555
X12 SECTION 68A AID TO SUBDIVISIONS-COMPTROLLER GENERAL . . . . . . . . . 555
X50 SECTION 69 DEPARTMENT OF TRANSPORTATION . . . . . . . . . . . . . . 556
X90 SECTION 72 GENERAL AND TEMPORARY . . . . . . . . . . . . . . . . . . 558
SECTION 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578